Darrell Brooks’ appeal stalls, court seeks proof he received full case file

Darrell Brooks, the man convicted of killing six people and injuring more than 70 others in the 2021 Waukesha Christmas Parade attack, is facing new hurdles in his appeal after telling the court he does not have all of his case files.

What we know:

Late last month, Brooks sent a handwritten letter to the Court of Appeals requesting an 11th extension to file the documents he needs for his appeal. In that letter, he told the judge his out-of-state prison is "on lockdown due to an ongoing drug investigation," making it "extremely difficult" to locate his case file.

Darrell Brooks

The court responded by giving Brooks’ former attorney, Michael Covey, a deadline of Tuesday, Nov. 18, to prove he turned over all case materials. The court also directed prosecutors to verify whether Brooks’ prison is actually on lockdown.

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Covey was originally appointed to represent Brooks but withdrew in April after Brooks chose to represent himself in the appeal, mirroring his approach during the 2022 criminal trial.

Brooks is serving six consecutive life sentences plus hundreds of additional years after a jury convicted him of more than 70 charges connected to the parade attack.

Dig deeper:

On Tuesday, Covey told the court his office sent Brooks a hard drive with trial transcripts on May 16 and confirmed with the prison that Brooks received all materials.

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Legal experts say Brooks may be running out of time. They note the court is unlikely to grant many more extensions, and if he fails to file soon, he could forfeit his right to appeal.

Related

Darrell Brooks to represent himself in Waukesha County appeal

Darrell Brooks, the man convicted of 76 charges tied to the November 2021 Waukesha Christmas parade attack, will represent himself in court once again.

Prosecutors have not yet responded to the court regarding the prison’s lockdown status.

The developments come as the city prepares to mark four years since the attack on Friday with a remembrance ceremony.

The Source: Information in this report is from the Waukesha County District Attorney's Office and Wisconsin Circuit Court.

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