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Onondaga County DA Named Special Prosecutor in Marcy Inmate Death Case

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The New York Attorney General’s Office has recused itself from the case of Robert Brooks, the inmate who was severely beaten by correctional guards last month at Marcy Correctional Facility in Oneida County before passing away the following day.  On Thursday, Attorney General Letitia James said the decision was made after a standard internal conflict check was done.

“After obtaining video and identifying the officers involved in the incident, we conducted this standard check,” said AG James. “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.”

James said while they 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.

On Thursday, the state Attorney General’s Office filed papers in Onondaga County Supreme Court under County Law Section 701 to appoint Onondaga County District Attorney William Fitzpatrick as a special prosecutor in the matter.

“District Attorney Fitzpatrick has served Onondaga County for over 30 years,” said James. “His office is well-resourced to handle this complex and large investigation, and I thank him for taking on this case.”

“Additionally, my office’s Division of State Counsel will not represent the Department of Corrections and/or its officers in this investigation.”

On December 9, Brooks was transferred from Mohawk Correctional Facility to Marcy Correctional Facility, both in Oneida County. Brooks, who was handcuffed with his hands behind his back, was then taken to a medical examination room where the assault that took place was captured with officer-worn body cameras. Brooks was then transported to a local hospital and pronounced dead in the early morning hours of December 10.

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