Albany, N.Y. (WBEN) - Citing conflicts among those under investigation in the Marcy Correctional Facility death of an incarcerated individual, New York Attorney General Letitia James says her office is recusing itself from this case.
"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 Robert Brooks, his family, friends, loved ones, and for all New Yorkers," said James on Thursday.
She notes her office's Division of State Counsel represents state agencies in legal matters, including the Department of Corrections and correction officers. At the same time, her Office of Special Investigation investigates matters where an officer of the law may have caused the death of a civilian.
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James says her office conducts internal conflict checks.
"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.
She adds 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. She says she will not allow justice to be delayed or denied because of a conflict.
James says her office filed papers in Onondaga County Supreme Court to appoint Onondaga County District Attorney William J. Fitzpatrick as a special prosecutor in this matter.
“District Attorney Fitzpatrick has served Onondaga County for over 30 years. His office is well resourced to handle this complex and large investigation, and I thank him for taking on this case," James said.
James adds her office’s Division of State Counsel will not represent the Department of Corrections and/or its officers in this investigation.
New York Gov. Kathy Hochul issued the following 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."