Waukesha parade suspect will use insanity as his defense
Darrell Brooks changed plea last week to not guilty by reason of mental defect
Darrell Brooks changed plea last week to not guilty by reason of mental defect
Darrell Brooks changed plea last week to not guilty by reason of mental defect
The suspect in the Waukesha parade attack will use insanity as his defense.
Last week, Darrell Brooks changed his plea to not guilty by reason of mental defect.
Legal experts say it's not a common defense in Wisconsin.
"The insanity plea has hundreds of years of history because people recognize if people cannot conform themselves to the laws of society something else is going on," attorney Dan Adams said.
The plea requires a mental evaluation.
The judge appointed three doctors. The state will use its own doctor to evaluate Brooks.
"Then the psychologist uses their experience to write a report and create an expert determination of whether in their opinion that defendant was indeed insane at the time of the offense or in their opinion that the defendant knew what they were doing was wrong," Adams said.
The reports are due in August.
Criminal defense experts say if Brooks' insanity plea sticks, it creates a two-phased trial.
First will be the criminal jury trial. The state has to prove he actually committed the crime.
Then comes the issue of responsibility.
Brooks' team will need to prove he didn't know wrong from right at the time of the parade tragedy.
"That's when the defendant has the burden. It transfers to the defendant to show that they're not responsible because at the time of the offense they were so mentally ill that they could not appreciate the wrongfulness of their conduct," Adams said.
This plea, if he's found guilty, could be the difference between spending time in prison or a mental health facility.
Prosecutors said Brooks Jr. killed six people and injured more than 60 others when he drove his SUV through the parade route in November.
Last week, the judge denied Brooks' change of venue request.
His trial is scheduled to start in early October.
