WAUKESHA COUNTY, Wis. — The final preparations for the Darrell Brooks trial are underway. He is the man accused of the Waukesha Christmas Parade attacks and he will be representing himself at trial.
A former Waukesha County District Attorney (DA) recounts another high-profile case when a defendant represented himself, the 1995 James Oswald trial.
More than 20 years ago, Paul Bucher was the Waukesha County DA who tried and convicted Oswald.
Oswald and his son robbed a bank in Wales. They then killed a police captain, took a woman hostage, and had a shoot-out with officers before they were captured. During the trial in 1995, Oswald fired his lawyer and represented himself.
“We prepared for his antics,” said Bucher. “From the very get-go, it was terrible.”
It started with jury selection. Bucher says it was harder to select jurors because Oswald was the one questioning them. He also said during the trial, Oswald often taunted the victim's widow. Cameras captured him winking at her and blowing kisses while entering the courtroom. Bucher remembers Oswald waving to the victims while he acted as his own attorney. Bucher, who is now a defense attorney, fears Brooks may also target the victims in court.
"This is a game for him, it really is,” said Bucher. "We already know how he is going to act. He has already shown it to us. We've seen that."
Bucher says it will make it worse for the victims. In the Oswald case, the victims were all adults and Bucher could prepare them for Oswald’s behavior. But he worries for the children who are victims of the Waukesha Parade Tragedy. He says he knows the children and their parents will be fearful of Brooks questioning them.
“It's terrifying. They do not want to do that. This is the last place they want to be,” said Bucher.
On top of that, Bucher says it makes the case longer because defendants do not know the procedure.
"Once the case started, he was speaking out when I was questioning witnesses. Like, ‘That's a lie, that's a lie, that didn't happen,’” said Bucher.
The jury found Oswald guilty. A Chicago Law review study found when a defendant represents themselves, the plaintiff wins 86% of the time.
"Does it change the outcome? No. Does it make it worse for the defendant? Without a doubt,” said Bucher.
Bucher says he knows Waukesha County will have a separate room set up with video conferencing ready to go for this trial if Brooks acts out in court because that was the plan for Oswald if he got out of control during his trial.