By Michael Hill
Associated Press
ALBANY, N.Y. — New York’s attorney general appointed a special prosecutor Thursday to investigate the death of a man who was beaten by guards at a state prison, saying her office cannot oversee the inquiry because it was already representing some of the corrections officials involved in civil lawsuits.
Attorney General Letitia James, a Democrat, chose the Republican district attorney in Onondaga County, William Fitzpatrick, to investigate the Dec. 10 death of Robert Brooks.
The attorney general typically investigates the deaths of people in the custody of law enforcement, but James said four of the officers under investigation were already being represented by lawyers in her office. Some of the corrections officers have previously been defendants in brutality lawsuits filed by other prisoners.
“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 in a video message. “And I will not allow justice to be delayed or denied because of a conflict.”
Recently released body camera video shows officers punching Brooks while he was handcuffed on a medical examination table at Marcy Correctional Facility on Dec. 9. One officer uses a shoe to strike Brooks in the stomach, and another yanks him up by his neck and drops him back on the table.
Brooks was pronounced dead the following morning at a hospital.
Fitzpatrick has been the top prosecutor in the Syracuse area since 1992. His office released a statement saying he would not comment “until the grand jury has taken action.”
The case has prompted widespread condemnation and calls for reform. Gov. Kathy Hochul, who said she was “outraged and horrified” by the videos, appointed a new superintendent for the prison. She also ordered state officials to initiate proceedings to fire 13 correctional officers and a nurse implicated in the attack.
Now that a special prosecutor has been appointed, Hochul said, she expects his team will work quickly to bring charges.
“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,” said Hochul, who as governor has no authority over the special prosecutor or to bring criminal charges herself.
The final results of Brooks’ autopsy are not available. Preliminary findings from a medical examination indicate “concern for asphyxia due to compression of the neck as the cause of death, as well as the death being due to actions of another,” according to court filings.
Brooks, who was serving a 12-year prison sentence for first-degree assault since 2017, arrived at the prison 200 miles (320 kilometers) northwest of New York City only hours before the beating after being transferred from another nearby facility, officials said.
