Darrell Brooks takes action to begin appeal process in Waukesha Christmas Parade conviction

NOW: Darrell Brooks takes action to begin appeal process in Waukesha Christmas Parade conviction


WAUKESHA, Wis. (CBS 58) -- The Milwaukee man found guilty of killing six people and injuring dozens of others in the Waukesha Christmas Parade attack is taking action to begin the appeal process.

Darrell Brooks never kept his desire to appeal his case a secret, even long before a judgement was ever issued, but on Tuesday, he took the first step in the process by filing a notice of intent to seek postconviction relief.

A notice of intent to seek postconviction relief must be filed in the trial court within 20 days of sentencing. 

The handwritten document, signed less than two weeks after Brooks was sentenced to spend the rest of his life behind bars, asks for new representation from the Public Defender's Office. 

"I make a request to have the assistance of counsel from the Public Defender's Office, and to be notified of said representation quickly and promptly," Brooks said in the notice. 

Brooks unsuccessfully represented himself in trial. The law states a defendant has the right to request that a lawyer be appointed to assist them in postconviction relief by the State Public Defender. 

The Clerk of Circuit Court's Office presented a copy of Brooks' notice, the judgement of conviction, and a list of all court reporters involved in the case to the State Public Defender's Appellate Division on Tuesday. 

"It is not my intention to bring any controversy before the court, but it is my intention to have this postconviction relief matter reviewed and heard as quickly as possible as there are clear issues of the law and the legal facts in this matter," Brooks said in the notice. 

Legal expert and attorney Julius Kim explained the appeal process to CBS 58. 

Kim said an appellate attorney will be assigned the case. That person will review the record and look for any appealable issues that could have implicated constitutional rights or the impact of the final trial result. 

"It's a tedious process. You literally have to review the transcripts of every single court appearance in the case," Kim said.

Kim said it could take some time before Brooks' new attorney is ready to present those issues before a judge.

At that time, the case might not immediately go to the appellate court.

"A defendant will typically go back to the trial court to see if the trial court will reconsider certain things or maybe change their mind on certain things, and if the court does not do that, then they can make those final decisions and appeal them to the Court of Appeals," Kim said. 

Waukesha County District Attorney Sue Opper previously said she'd be expecting Brooks to file an appeal but is very confident in the record made by Judge Jennifer Dorow.

Opper said her office will not be directly involved in the appellate process. It will be handled by the Attorney General's Office.

Brooks is serving six consecutive life sentences at Dodge Correctional Institution.

Judge Dorow denied Brooks' request to remain in Waukesha County Jail until his appeal is heard without a hearing on Monday. 

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