WAUKESHA, Wis. - Throw it out. That is what defense attorneys are asking a judge to do in the case against the accused Waukesha Christmas parade attacker. That is just one revelation detailed in new court documents.
FOX6 News got dozens of documents on Tuesday morning, Aug. 23. They show there have been multiple attempts by the defense to suppress Darrell Brooks' statements – and even evidence from his jail cell.
Brooks goes on trial in October for 83 criminal charges, including six counts of homicide, in connection with the Waukesha Christmas parade attack. Meanwhile, a legal battle is brewing behind the scenes.
Court documents filed earlier this month show defense attorneys tried to get the case thrown out. Brooks' attorney argued his right to counsel was violated when "privileged communication was photocopied during the July 1st search of his jail cell."
The state countered, saying Brooks was heard on the jail telephone referencing files he received from another inmate – telling him he should get a "not guilty by reason of insanity please."
On Monday, Aug. 22, defense attorneys said an interrogation with Brooks on Nov. 22, 2021 was "obtained in violation of the 5th Amendment and must be suppressed."
Judge Jennifer Dorow set aside 20 days in October for the trial. The state submitted 32 pages worth of witnesses – including dozens from the Waukesha Police Department and ten witnesses from the State Crime Lab. The state has asked to take the jury by bus to the parade route – and also view the red Ford Escape in person.
This still image from a live video of the holiday parade in Waukesha, Wisconsin, shows a red vehicle speeding along the route.
In a follow-up letter, Brooks' attorneys said "they don't object."
Where do we stand now? Judge Dorow has Thursday and Friday of this week scheduled for hearings on these matters. During the trial, Dorow said jurors will be sequestered during the day, but allowed to return home each night.