New York Attorney General Letitia James and her office staff will recuse themselves from further investigation into last month's death of an incarcerated man after a violent incident with correction officers at Marcy Correctional Facility in Oneida County, she announced Thursday.
James appointed Onondaga County District Attorney William Fitzpatrick to serve as a special prosecutor in the probe.
Body camera footage released by James’ office shows multiple correction officers Dec. 9 hitting Robert Brooks, 43, while he was restrained at the prison. He died the next day at a hospital in Utica.
“This decision is not one that was made lightly, but we believe this is the best course of action to protect the integrity of the investigation, and to ensure accountability and justice for Mr. Brooks, his family, friends, loved ones and for all New Yorkers,” James said.
Thirteen state employees with the Department of Correction & Community Supervision connected to the incident have been suspended without pay. Another staff member has resigned, but no charges have been filed and a final cause of death has not been released nearly a month later.
Multiple sources say Brooks sustained injuries in two separate incidents with other incarcerated people at Mohawk Correctional Facility before he was transported to Marcy.
"There's no policy for hatred and what was displayed on that video was hate — that was a hate crime," said Assemblyman Demond Meeks, a Rochester Democrat.
In a video posted online Thursday afternoon, James revealed four officers under investigation are currently defendants in other pending litigation: Sgt. Glenn Trombly, Officer Anthony Farina, Officer Nicholas Anzalone and Officer Robert Kessler.
The men continue to be represented by lawyers in the state attorney general’s office in cases related to alleged unlawful use of force "similar to the allegations in this case," according to court documents.
Meeks, a Rochester Democrat, represents the town of Greece where Brooks was from and visited both facilities on Christmas Eve.
He says incarcerated people tell him they face retaliation from COs for speaking out about physical abuse or neglect.
Meeks and other lawmakers are calling for the state to close Marcy Correctional in wake of Brooks' death.
The AG's office will not represent the state Department of Corrections and Community Supervision or its officers in the case related to Brooks' death.
As per a state law passed in 2020, the New York attorney general’s office is required to investigate any incident in which a member of law enforcement is reported to have caused the death of a person by act or omission. The office conducted standard checks as that law stipulates to obtain the video footage and identify the officers involved.
"While we are confident in the firewalls set up between the Division of State Counsel and the Office of Special Investigation, even the possibility or mere appearance of a conflict could tie up a potential prosecution in lengthy legal challenges or get a potential prosecution outright dismissed,” James said.
As a result, the office appointed Onondaga County District Attorney William Fitzpatrick to serve as special prosecutor in the case going forward.
Fitzpatrick, a registered Republican, was first elected Onondaga County DA in 1991 and was reelected to a ninth term in 2023.
"District Attorney Fitzpatrick has served Onondaga County for over 30 years. His office is well resourced to handle this complex and large investigation, and I thank him for taking on this case,” James said.
The attorney general said she spoke with representatives of Brooks’ family to explain her decision. Brooks, a former resident of Greece, was serving a 12-year sentence for stabbing his girlfriend in 2016.
Gov. Kathy Hochul, who toured the Marcy site last week, said in a statement Thursday she expects prosecutors will work to bring formal charges and make arrests for Brooks' death.
"Too much time has passed without changes being brought against the individuals responsible. The video of this horrific attack demonstrates that crimes clearly were committed, and I believe initial charges can be brought even as more serious charges are considered based on further investigation," Hochul said. "While it is outside the power of my office to order arrests or bring charges, my team has offered any necessary resources to help prosecutors move as quickly as possible to ensure that justice is served. The family of Mr. Brooks deserves no further delays.”
-
