NYSAG’s Office recuses itself from inmate death case due to conflict of interest
ALBANY, N.Y. — New York State Attorney General Letitia James announced her office is removing itself from the investigation in the death of Robert Brooks.
The investigation started after Brooks was beaten by corrections officers at Marcy Correctional Facility on December 9. He died on December 10.
The AG’s Office released bodycam footage of the beating on December 27.
In a video released Thursday, Attorney General James explains the recusal comes as a result of an office internal conflict.
“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. 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,” said James.
The AG’s Office filed papers on Thursday to appoint Onondaga District Attorney William J. Fitzpatrick as the special prosecutor. James explains county law allows for the appointment of a district attorney in the event a current prosecutor is unable to take a case.
James emphasizes that the decision was made with the ability to serve justice at the forefront.
“Again, this decision was made with the utmost respect for the integrity of this investigation, and we will ensure that there will not be any delays. My Office of Special Investigation will hand over all records to the District Attorney’s office immediately.”
AG James’ full announcement:
Fitzpatrick’s office say it has accepted the assignment, but will not comment further until the Grand Jury “takes action.”
State Governor Kathy Hochul released a statement following the recusal, saying she wants prosecutors to move “as quickly as possible.”
Gov. Hocul’s full statement:
“Now that the Attorney General has appointed the Onondaga District Attorney as special prosecutor, I expect prosecutors will work expeditiously to bring formal charges and make arrests for the killing of Robert Brooks. 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. 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.”
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