HEARINGS FOR ROBERT BROOKS' KILLERS TO START BUT LETITIA JAMES DOESN'T WANT YOU TO SEE THEM
NEW YORK STATE ATTORNEY GENERAL LETITIA JAMES IS FIGHTING TO KEEP THE PUBLIC OUT OF DISCIPLINARY HEARINGS FOR THE PRISON GUARDS AND NURSES WHO KILLED OR FAILED TO STOP THE KILLING OF ROBERT BROOKS
Former New York State Correction Officers charged with murder for killing Robert Brooks were arraigned in State Supreme Court on Feb. 20. Left to right, Nicholas J. Anzalone, Anthony Farina, Mathew J. Galliher, David J. Kingsley, II. Sgt. Michael Mashaw (r) was charged with manslaughter. Photo credits: JB Nicholas.
EXCLUSIVE
Feb. 25, 2025
Employee disciplinary hearings for the prison guards and nurses allegedly "involved" in the murder of Robert Brooks are set to start in "early April" but state Attorney General Letitia James is fighting to keep them secret from the public, a court filing revealed on Tuesday.
The filing was obtained exclusively by The Free Lance because its publisher is suing to open the hearings to the public.
Brooks, 43, was allegedly murdered by six Correction Officers at the Marcy Correctional Facility on Dec. 9. Three more are charged with manslaughter. Two are charged with attempting to cover it up.
Two additional guards and a sergeant are also charged, but their charges are currently secret. They’re believed to be cooperating with prosecutors.
The killing was unknowingly captured on video by cameras worn by four of the guards.
"Robert Brooks should be alive today. The brutal attack on Mr. Brooks was sickening, and I immediately moved to terminate the employment of those involved," Gov. Kathy Hochul said last Thursday.
The employees’ disciplinary hearings "are tentatively scheduled to commence in early April,” Tuesday’s court filing says.
A total of 16 DOCCS employees are suspended and, in addition to criminal charges, face administrative misconduct allegations and disciplinary hearings, said Gov. Hochul and the state agency that manages New York's prisons, the Department of Corrections and Community Supervision, or DOCCS. Two of those who would’ve faced administrative charges resigned.
The Free Lance demanded DOCCS allow this reporter to attend and witness the hearings in person, but DOCCS' Commissioner did not respond to the demand.
Systemic abuse by guards is fostered by a toothless and ineffective administrative disciplinary system that leaves the punishment of crimes and misconduct by guards up to private arbitrators instead of public officials. 9 out of 10 cases of alleged misconduct at not prosecuted and, of those few that are, 9 out of 10 fail.
For decades, New York law made it illegal for the public to know the disciplinary records of law enforcement officers, including prison guards. With few exceptions, officials interpreted the law, called 50-a for the section of the Civil Rights law it occupied, to effectively require secret disciplinary hearings for the officers.
The murder of George Floyd by Minnesota police in 2020 changed that. Then-Gov. Andrew Cuomo and the state legislature repealed 50-a and, with it, the justification for keeping the disciplinary hearings of all law enforcement officers secret.
In New York City, NYPD officer disciplinary hearings are required to be public by a city law.
The Free Lance sued DOCCS for access to the hearings it will hold for those allegedly involved in Brooks death in State Supreme Court in Albany on Feb. 3. A hearing was originally set for Feb. 28 but a judge whose identity the clerk of the court refused to disclose rescheduled the hearing for Mar. 28.
That prompted The Free Lance to ask the court to order DOCCS not to hold the hearings until the court decided whether they must be public. But the court denied the request, and The Free Lance appealed to the Appellate Division.
James' office filed a letter opposing the request on Tuesday.
The letter argued the hearings must be kept secret to prevent "harm to an employee’s reputation based on premature disclosure of misconduct allegations." It also argued secrecy is needed for "full and frank investigation of potential misconduct."
Justice Michael Mackey Appellate Division denied The Free Lance's appeal.
As it stands now, whether the public will have access to the hearings will be decided by a judge after Mar. 28, days before the hearings are set to begin.
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