Waukesha judge denies defense's request to adjourn trial, Darrell Brooks takes COVID-19 test

WAUKESHA, Wis. (CBS 58) -- A Waukesha County judge denied a request from the defendant in the Waukesha Christmas Parade trial to adjourn proceedings after the he was administered a test for COVID-19 on Wednesday, Oct. 5.

The defendant, Darrell Brooks, did not have the results by the time court concluded for the day.

Brooks requested an adjournment of the trial through an inmate communication form (ICF).

“Due to just learning I’m on COVID-19 protocol, I respectfully ask for all proceedings to be adjourned at this time," the form stated.

Brooks told the court he is experiencing symptoms of COVID-19 and was tested before coming to a trial hearing Wednesday afternoon.

The defendant said he started feeling fatigued over the weekend but didn't think much of it until he lost his sense of taste on Tuesday night.

“Honestly, your honor, I’m powering my way through this hearing. I feel like total crap to be honest with you. I don’t feel good at all," Brooks said.

The jail administered a COVID-19 test on Wednesday afternoon, according to Brooks.

He said he was informed the results would be returned by Friday at the earliest.

"I'm afraid as hell, your honor. That's the reason I submitted the ICF for the adjournment. I was thinking at least until I can get the results, at bare minimum," Brooks said.

Brooks said he was not offered a rapid COVID-19 test. He said he was advised by a nurse the jail does not have rapid tests.

Jail Administrator Angela Wollenhaupt later testified Brooks was offered a second test, which she believed to be a rapid test. She said Brooks declined.

Brooks debated the type of tests that were offered to him.

"If I can make arrangements to have a rapid test brought to you and administered, are you willing to submit to that test," Judge Jennifer Dorow asked.

Brooks told her he wouldn't at that time.

His refusal to take a rapid test was a red flag to the judge.

"If he were truly concerned about his own health and safety, he would want to know immediately," Dorow said.

Brooks said he was placed on COVID protocol in the jail, which restricts access outside of his cell until results come back.

Wollenhaupt testified Brooks will have access to all of his legal materials and other accommodations needed to prepare for trial while on COVID-19 protocol.

Brooks is also able to be safely brought to court.

The defendant told the court the request was made strictly because of health and safety concerns for himself and others in the courtroom.

Dorow ruled there are no present health and safety concerns.

Court staff confirmed Brooks is at least six feet away from other people in the courtroom.

The prosecution asked the judge to deny the request, stating those concerns could be easily overcome.

Waukesha County District Attorney Sue Opper said she believed Brooks' request is a delay tactic.

"I can advise the court, as an officer of the court, that Mr. Brooks has been saying for the last several weeks in his recorded jail calls to his mother and others that he's going to get this trial delayed or adjourned or pushed back," Opper said.

Opper said she was advised Brooks made 17 attempts for phone calls Wednesday morning.

Brooks explained he was attempting to reach his mother, but she did not answer the phone. He said he wanted to alert his family to his health concerns.

Dorow said she agreed with the state about the request being nothing more than a delay tactic.

“At this point, there’s insufficient information on the record to find that his concerns are anything more than speculative, and given my observations here in court today, he is very able to assist in his own defense," Dorow said.

The court continued on with other housekeeping items after the request was denied.

Jurors are expected to return for jury instructions and opening statements on Thursday morning.

This is a developing story and will be updated.