Judge increases Darrell Brooks' bail in Milwaukee case; new lawyers appointed to represent him

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MILWAUKEE, Wis. (CBS 58) -- The Milwaukee man charged with driving through the Waukesha Christmas parade is still sitting in Waukesha County Jail on a $5 million dollar cash bail, but concerns that he could somehow get released led a Milwaukee County judge to increase his bail Monday, Dec. 20, in an unrelated case.

Darrell Brooks faces six first-degree intentional homicide charges in Waukesha for his alleged role in the parade tragedy. However, prior to that incident, he was out on bail in two Milwaukee cases.

Via speakerphone, Brooks appeared in Milwaukee County Court on Monday for two separate court hearings related to those Milwaukee cases. The first happened last year when prosecutors say Brooks fired a gun at his nephew and another person after a fight. In November of this year, court documents show he ran over the mother of his child with a car.

"The defendant has violated his bail in a number of ways in a number of manners -- both while he's in custody -- and he's violated conditions and orders of the court while he's in custody and out of custody," said Matthew Torbenson, deputy district attorney with the Milwaukee County District Attorney's Office, who appeared in court for the state.

The state asked Judge Michelle Havas to set $200,000 cash bail for Brooks because of his Waukesha charges and because prosecutors allege Brooks intimidated the victim in one of his Milwaukee cases.

"This defendant, while in custody on this case, made 49 phone calls to the victim who he is ordered to have no contact with -- in violation of that no-contact order," Torbenson said.

The defense asked the judge to deny the bail request.

"What happened in Waukesha is tragic. There's no way around that. It's terrible and tragic what happened out there. But the bail in Waukesha's already $5 million," defense attorney Robert Hampton said.

Judge Havas ultimately sided with the state, setting the $200,000 cash bail. She said the risk was too great that Brooks could get out of Waukesha County Jail and wouldn't come back to court.

"Someone could decide to be a benefactor of Mr. Brooks and post that $5 million. Someone could win the lottery. Someone could do all sorts of things, which would secure his release in another county," the judge said.

Monday marked the first court hearings for Hampton and William Rakestraw as Brooks' new lawyers. At a prior court hearing, Brooks' previous attorney, Joseph Domask, withdrew as his representation, citing a conflict of interest because he knew people impacted by the parade tragedy.

Brooks will be back in Waukesha County Court on Jan. 14. He has two new Milwaukee County court dates set for Feb. 2 and Feb. 18.

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