AG James’ office recuses itself from probe into upstate inmate death by prison guards

By New York Post (U.S.) | Created at 2025-01-02 22:05:53 | Updated at 2025-01-05 04:26:25 2 days ago
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New York Attorney Letitia James is recusing herself from a probe into the death of an inmate who was allegedly beaten to death by upstate prison guards — as Gov. Kathy Hochul appointed a new head at the facility where the heinous attack occurred.

The AG said her office discovered it has a conflict of interest because of its involvement in unrelated cases defending four of the guards who have been implicated in the killing of Robert Brooks on Dec. 9 at the Marcy Correctional Facility.

New York Attorney General Letitia James announced her office is recusing itself from the probe into inmate Robert Brooks’ upstate prison death.

Instead of pursing the probe herself, James has appointed Onondaga County District Attorney William J. Fitzpatrick as special prosecutor to take over the case, she said Thursday.

“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,” James said in a video address.

Separately, Hochul appointed Bennie Thorpe as the new superintendent of the Oneida County facility, after she removed the prison’s interim head, Danielle Madbury.

The fact that Thorpe — who is the head of the Shawangunk Correctional Facility in Ulster County — has some 20 years of New York prison experience but has never worked at Marcy gives him “expertise and a fresh perspective on what must be done,” Hochul said.

The governor also said that now that the case has been handed over to Fitzpatrick, she expects formal charges to be mounted and arrests to be made “expeditiously.”

Video appeared to show several correction officers beating Brooks while he was handcuffed behind his back at Marcy Correctional Facility. NYS Correctional via NY Attorney General

“Too much time has passed without changes being brought against the individuals responsible,” Hochul said in a statement. “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.”

On Friday, James released disturbing body camera footage of three correction officers viscously beating Brooks, 43, while he was handcuffed behind his back and offering no apparent resistance.

Several other officers could be seen standing by doing nothing while the attack was carried out and even after Brooks lost consciousness.

Gov. Kathy Hochul announced she appointed a new superintendent to Marcy Correctional Facility after the horrific beating. Houston Chronicle via Getty Images

Brooks was brought to the hospital and declared dead the next day.

He was serving a 12-year sentencing for first-degree assault for stabbing his girlfriend in 2017.

The DOC has begun the process of firing the officers allegedly involved by placing 13 of them on unpaid suspension. One officer has resigned.

Additional reporting by Carl Campanile and Vaughn Golden

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