By Aria Brent
AFRO Staff Writer
abrent@afro.com
On Jan. 2 New York Attorney General Letitia James announced that her office is recusing itself from the investigation into the beating death of Robert L. Brooks. James appointed Onondaga District Attorney William J. Fitzpatrick.
Brooks was beaten while handcuffed on Dec. 9 and died in the early morning hours of Dec. 10. The brutal assault was recorded, even though officers did not turn on their body cameras to document the attack. As a result, the beating was recorded in “standby mode” with no sound. James released the tapes in late December, sparking outrage from the public and prison reform advocates.
Now, James has appointed another prosecutor to handle the case.
“Earlier today, after much consideration, research and review, my office decided to recuse itself from the investigation of the correction officers involved in the events preceding the death of Mr. Robert Brooks at Marcy Correctional Facility in Oneida County,” said James. “We filed papers in Onondaga County Supreme Court under County Law Section 701 to appoint Onondaga County District Attorney William J. Fitzpatrick as a special prosecutor in this matter.”
In the video announcement shared, James said the change happened as a preventive measure against internal conflicts and to assure the integrity of the investigation is protected.
“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. As part of our Office of Special Investigation cases, we do internal conflicts checks. After obtaining video and identifying the officers involved in the incident, we conducted this standard check,” she said. “Four of the correction officers under investigation in the Robert Brooks matter are currently defendants in other matters and are being represented by lawyers in the Office of the Attorney General.”
Days before this announcement, on Dec. 30, New York Governor Kathy Hochul visited Marcy Correctional Facility to announce immediate corrective actions following the incident that led to the death of Brooks on Dec. 10.
In a news update shared by the Governor’s office, it was noted that she demanded answers from the facility’s interim leadership following the brutal murder of Brooks. During her visit, Hochul also met with multiple inmates at the facility who served as liaisons for the larger incarcerated population– hearing from them directly about their experiences.
Following her visit she announced changes to be implemented. Hochul has ordered an immediate and full investigation into the incident that resulted in the death of Brooks, along with the termination of the 13 officers and one nurse who were involved in the attack.
“As I stood in the room where Robert Brooks was killed, I was once again heartbroken by this unnecessary loss of life and further sickened to think of the actions of depraved individuals with no regard for human life,” Hochul said in a statement. “Mr. Brooks and his family did not deserve this. I told both Marcy leadership and the incarcerated individuals that I met with that every single individual who enters a DOCCS facility deserves to be safe, whether they are employed there or serving their time.”
“The system failed Mr. Brooks and I will not be satisfied until there has been significant culture change. Today I am implementing a number of new policies at Marcy and within DOCCS, and I look forward to continuing to hear ideas from experts, elected officials, and advocates as we continue this work.”
The immediate changes that she implemented for the protection and well being of both inmates and employees of the Department of Corrections and Community Supervision (DOCCS) include:
- Directing DOCCS Commissioner Martuscello to appoint Shawangunk Correctional Facility superintendent, Bennie Thorpe as the new permanent superintendent of Marcy Correctional Facility.
- Expediting $400 million to install fixed cameras and distribute body-worn cameras in all DOCCS facilities. This is an initiative Hochul has already committed hundreds of millions of dollars to for the investment of cameras across the system — the same body cameras that were crucial in capturing the beating of Brooks.
- Adding DOCCS staff to the Office of Special Investigations to assure that complaints are handled quickly and consequences are given in a timely manner.
- Directing DOCCS to engage an outside firm to conduct a review of the culture, patterns and practices, in both Marcy and all across the correctional system.
- Expanding the DOCCS whistleblower hotline to allow more anonymous tips from employees, contractors and inmates.
- Creating a new dedicated unit on The Future of Prisons in New York State within the Council of Community Justice. The range of work for the new unit would include a strategy for providing a healthier safer environment for employees and inmates in the DOCCS system and the training and professional development of corrections.
As of Jan. 8, no arrests had been made.
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