New York Lawyer Letitia James is recusing herself from a probe into the loss of life of an inmate who was allegedly overwhelmed to loss of life by upstate jail guards — as Gov. Kathy Hochul appointed a brand new head on the facility the place the heinous assault occurred.
The AG mentioned her workplace found it has a battle of curiosity due to its involvement in unrelated circumstances defending 4 of the guards who’ve been implicated within the killing of Robert Brooks on Dec. 9 on the Marcy Correctional Facility.
As a substitute of pursing the probe herself, James has appointed Onondaga County District Lawyer William J. Fitzpatrick as particular prosecutor to take over the case, she mentioned Thursday.
“This determination is just not one which was made frivolously, however we imagine that is the most effective plan of action to guard the integrity of the investigation, and to make sure accountability and justice for Mr. Brooks,” James mentioned in a video handle.
Individually, Hochul appointed Bennie Thorpe as the brand new superintendent of the Oneida County facility, after she eliminated the jail’s interim head, Danielle Madbury.
The truth that Thorpe — who’s the pinnacle of the Shawangunk Correctional Facility in Ulster County — has some 20 years of New York jail expertise however has by no means labored at Marcy offers him “experience and a recent perspective on what have to be performed,” Hochul mentioned.
The governor additionally mentioned that now that the case has been handed over to Fitzpatrick, she expects formal expenses to be mounted and arrests to be made “expeditiously.”
“An excessive amount of time has handed with out modifications being introduced in opposition to the people accountable,” Hochul mentioned in an announcement. “The video of this horrific assault demonstrates that crimes clearly have been dedicated, and I imagine preliminary expenses could be introduced at the same time as extra severe expenses are thought of based mostly on additional investigation.”
On Friday, James launched disturbing physique digital camera footage of three correction officers viscously beating Brooks, 43, whereas he was handcuffed behind his again and providing no obvious resistance.
A number of different officers could possibly be seen standing by doing nothing whereas the assault was carried out and even after Brooks misplaced consciousness.
Brooks was delivered to the hospital and declared lifeless the following day.
He was serving a 12-year sentencing for first-degree assault for stabbing his girlfriend in 2017.
The DOC has begun the method of firing the officers allegedly concerned by inserting 13 of them on unpaid suspension. One officer has resigned.
Further reporting by Carl Campanile and Vaughn Golden
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