Former Waukesha DA predicts Darrell Brooks trial will be chaotic, similar to James Oswald trial in 1995

NOW: Former Waukesha DA predicts Darrell Brooks trial will be chaotic, similar to James Oswald trial in 1995

WAUKESHA, Wis. (CBS 58)-- The Waukesha Christmas Parade suspect is set to stand trial in four days.

Darrell Brooks faces more than 70 charges. He will be representing himself.

It's not uncommon for someone to waive their right to an attorney, but it's not everyday we see it happen in high profile cases.

It's been more than 25 years since Waukesha County saw a defendant represent himself in a case of this magnitude.

James Oswald was convicted of twenty felony counts after a jury trial in 1995, stemming from bank robbery and a deadly shootout with police.

Oswald represented himself.

"I'll never forget it," former Waukesha District Attorney Paul Bucher told CBS 58. "It was a mess."

Bucher said Oswald would come to court and ramble on. At one point, Bucher said he objected 100 times in a row. 

"He was always trying to get under my skin. We did not like each other," Bucher said.

Bucher predicts history could repeat itself in the upcoming Waukesha Christmas Parade trial.

"Is he going to be the best lawyer? Hardly. Is he going to be a good lawyer? Hardly. He's just going to cause chaos," Bucher said.

The attorney said Brooks will likely be seated at the defense table for the entire trial. He doesn't expect the judge will allow him to get up and move around the courtroom. 

Bucher said he anticipates jurors to be "frightened beyond belief."

"It is still intimidating, and so, we prep witnesses for that," Bucher said.

Bucher said Oswald had bad interactions with witnesses.

"He would wave to [a witness], smiled and laughed. That really set everybody off, including me, but that was just his effort to poke the bear," Bucher said.

Bucher said Brooks has already showed the court what to expect from his behavior, including an outburst and interrupting Judge Jennifer Dorow repeatedly in previous hearings.

"Judge Dorow is a great judge, but he picked the wrong judge to spar with," Bucher said. "She'll engage him, and you've already seen that."

Bucher said he expects a separate room to be prepared for Brooks to sit in and conduct his defense from if he continues to misbehave after multiple on the record warnings.

He said disruptive behavior and lack of legal knowledge slows down a trial. Bucher expects the state may consider pivoting its case to make things move quicker.

"It wouldn't surprise me if they move to dismiss 25 or 30 counts," Bucher said.

Brooks has less than one week to prepare his own case.

"Preparation is not an issue, because how can you prepare if you don't know what you're doing," Bucher said.

Trial begins Monday, Oct. 3.

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