Defense looks to move Waukesha parade suspect’s trial, arguing it would be impossible to seat an impartial jury

Should the trial for the man charged with killing six people and injuring dozens more in the Waukesha Christmas parade stand trial in the community where the tragedy occurred?

Attorneys for Darrell Brooks, the man charged, don’t think so. They are hoping to move his trial to a venue outside Waukesha County, arguing it would be impossible to seat an impartial jury there.

At a hearing Tuesday, attorneys for the prosecution and defense worked on questionnaires that will be sent to prospective jurors in Waukesha. The answers to those questions — which seek to determine how much people know about the case and whether they can be impartial in deciding guilt or innocence — will help lawyers craft their arguments on whether the trial should stay in Waukesha.

However, Waukesha County Circuit Court Judge Jennifer Dorow said the questionnaires, which are not uncommon in high profile criminal cases, could also be used to help seat a jury if the trial stays in Waukesha.

Brooks, 40, is charged with more than 80 felonies, including six counts of first degree intentional homicide. He is accused of intentionally plowing through the Nov. 21 parade in a vehicle, killing six people and injuring as many as 60 more in front of hundreds of horrified onlookers.

“In this case, we’ve identified almost 100 victims and about 1,000 witnesses,” Waukesha County District Attorney Susan Opper said.

In the aftermath of the parade, blue lights and banners went up throughout the community to show solidarity with those killed and hurt. Donors gave more than $6 million to a community fund for victims. Schools offered counseling sessions. First Lady Jill Biden traveled to Wisconsin and visited victims and their families, and stopped by a memorial at a Waukesha park.

The case has also prompted some lawmakers to call for changes in the bail system because Brooks was out on bond for another felony case.

“This powerful and passionate community response, in concert with the intense media coverage of the tragedy and Mr. Brooks, require a change of venue in this case to ensure a fair trial,” the defense argued in their motion.

The trial is currently scheduled for Oct. 3. But Defense Attorney Jeremy Perri said he believed they would need more time to gather the evidence they need.

“The October trial date is likely unrealistic for us to be prepared,” Perri said.

Dorow gave the defense a deadline of Friday to file a motion to delay the trial and scheduled a hearing on that motion for Monday.

Dorow said she may also address the schedule for the change of venue arguments at that time.

Brooks is being held on $5 million bond pending trial.