'Get to the finish line': Criminal defense attorney weighs in on Darrell Brooks trial

WAUKESHA, Wis. (CBS 58) -- The Waukesha Christmas parade trial is nearing the end of its third week as the defendant continues presenting his case.

Darrell Brooks is facing 76 charges, including six counts of first-degree intentional homicide after allegedly driving a red Ford Escape SUV through the Waukesha Christmas Parade on Nov. 21, 2021.

Brooks was overcome with emotion when he presented his opening statement after the state rested its case on Thursday.

Criminal defense attorney Julius Kim told CBS 58 he thought it went better than expected for the self-represented defendant.

"It surprised me he was as composed as he was when he was making his statement," Kim said.

Brooks stood up, took his face mask off, and told the jury it was time to see him for who he really is.

Kim said he thought it was a clever move, but he's not sure it will make a difference in the jury deliberation room.

"I thought that was a little bit of theatrics, but effective," Kim said. "When you take off that mask, it kind of humanizes him to the jury a little bit more, right, because you get to see his face."

The attorney said the key part of the statement is Brooks' reference to a lack of intent.

"That's really the crux of this case, at this point in time, is whether he meant to kill people when he drove through this parade," Kim said.

Kim told CBS 58 that a criminal defense attorney, like himself, would focus on the most serious charges at this point in the case. Kim said he noticed Brooks appears to be focused on a lesser battery charge.

Kim said it wouldn't surprise him if the defendant decides to testify.

"Given that he's representing himself, I think he probably needs to take the stand if he's going to have any luck in trying to convince a jury that this was a reckless act, not an intentional act," Kim said.

Prosecutors spent the last 11 days trying to prove intent by calling 57 witnesses and introducing a vast amount of electronic and physical evidence to the jury.

"I think they did everything they possibly could to prove intent, but the reality is the facts are either there or they're not there," Kim said.

Kim said he thinks the state should do everything on their end to make sure this case moves along without interruptions, even if that means withholding some objections or refraining from cross-examining the defendant's witnesses.

"Recognize the strength of your case," Kim said. "Don't get into power struggles or shouting matches with him, and get to the finish line. Get this case in the hands of the jury."

Brooks said he is starting to put together a counteroffer to the prosecution's pre-trial plea deal.

Kim said he's not sure the state would be willing to make a reasonable offer at this point.

"Plea offers are extended to try and get people to take responsibility for things before the expense and hassle and heartache of a trial, but that ship has sailed obviously," Kim said.

Kim said it's possible the state would consider a first-degree reckless homicide charge as a lesser included offense because it could be something jurors can more easily agree on unanimously.

All 12 jurors need to agree that a certain charge has been proven. If the jury doesn't reach a unanimous verdict, it could lead to possible acquittals or a mistrial.

Despite the growing tension in the courtroom, Kim told CBS 58 that he thinks Judge Jennifer Dorow is doing a good job at managing the trial.

"I think that she too has got the eye on the prize and just wants this case to get to the jury at this point," Kim said.

The trial continues on Friday.