Live: Day 5 of the Robert Brooks beating trial

The trial for three of the four corrections officers charged in the death of Robert Brooks carries on and one of the corrections officers who took a plea deal has testified for the prosecution.

Brooks, an incarcerated individual transferred to Marcy Corrections Facility on Dec. 9, was brutally beaten with his hands cuffed behind his back by corrections officers while in custody. He died as a result of his injuries on Dec. 10. An autopsy was conducted by the Onondaga County Medical Examiner’s Office and, in February, Brooks’ death was ruled a homicide.

The fourth corrections officer is slated to go to trial in January.

For more on the first day, click here.

Potential jurors arrive for jury selection in the Robert Brooks case

For the first day of court in the trail against three corrections officers, 12 jurors will be selected randomly from a pool and lawyers on both sides will be allowed to ask questions about potential biases and excuse jurors from selection.

According to the Department of Justice, “…each side is allowed to excuse certain potential jurors without providing a reason by using a limited number of “peremptory challenges.”

Who was Robert Brooks?

Brooks was a resident of Greece in Monroe County and was incarcerated at Mohawk Correction Facility after stabbing his then-girlfriend multiple times during a physical dispute. He pleaded guilty to first-degree assault and was sentenced to 12 years in prison, which started in 2017. Brooks had served eight years of his 12 year sentence when he was transferred to Marcy Correctional Facility.

Robert Brooks Jr., Brooks’s son, said at January press conference in Rochester that he and his father “…were dreaming of a new life when he got out” and that his father had expressed interest in writing music and publishing a book.

How long will the trial take?

Standing before Judge Robert Bauer before the potential jurors are called in, Special Prosecutor William Fitzpatrick said that he would be “shocked” if the Robert Brooks trial wasn’t finished in two weeks or less.

When asked by the judge, defense attorneys for the corrections officers did not disagree with the special prosecutor’s statement.

Jury selection process marches on

Since the early morning of Oct. 6, prosecution and defense attorneys have interviewed around 100 potential jurors for the case, interviewing each one and determining whether or not they will be among the 12 selected to determine the fate of the three corrections officers on trial.

First nine jurors selected

By early afternoon on Oct. 6, the first nine jurors were selected and took their oath before Judge Bauer. Jurors were instructed not to discuss the case or that they were on the jury. Additionally, to keep jurors impartial, Judge Bauer ordered jurors to avoid any and all news media related to the case that might influence their opinion.

“If anyone tries to influence you in any way, you are to report that to me immediately,” Bauer said.

Day 2: Jury selection continues, opening statements expected

The Robert Brook case continues into its second day on Oct. 7. Jury selection continued until court closed on Oct. 6 and was left unfinished. Jury selection is expected to finish on the second day, giving both prosecution and defense attorneys a chance to deliver their opening statements to the jury.

Three defendants, three opening statements

Standing before Judge Robert Bauer are David Kingsley, Mathew Galliher, and Nicholas Kieffer. Each have their own attorney and each are expected to give their own opening statement.

Kingsley is charged with second-degree murder and first-degree manslaughter.

Kieffer is charged with second-degree murder, first-degree manslaughter, second-degree gang assault, and first-degree offering a false instrument for filing.

Galliher is charged with second-degree murder, first-degree manslaughter, and second-degree gang assault.

If found guilty of their top charge, second-degree murder, all three corrections officers could be looking at life in state prison.

Jury selection finished

Before noon on the second day of the Robert Brooks case, jury selection has finished. 12 jurors and four alternates were chosen, given their instructions, and have taken their oath.

Friction before opening statements

Before the prosecution’s opening statement, defense objected to the prosecution’s use of a power point presentation as part of its opening statement.

“The first slide showed the words ‘The Death of Robert Brooks’,” Kevin Luibrand, Galliher’s lawyer said.

Special Prosecutor William Fitzpatrick said that he has shown power points in the last 15 cases in which he had served as a prosecutor.

“This is a visual case, Judge Bauer,” Fitzpatrick said.

Judge Robert Bauer expressed hesitation to letting the power point go forward without letting the defense review it, especially if it contained exhibits from the case.

A short five minute resource was called and the defense was allowed to review the slide show.

Slideshow decision

Judge Robert Bauer ruled that while previous decisions allowed for a power point presentation to be used in opening statements, it did not allow for the display of exhibits that had yet to be presented to the jury.

Prosecution’s opening statement

Special Prosecutor William Fitzpatrick said that the three defendants, David Kingsley, Mathew Galliher, and Nicholas Kieffer, assaulted Robert Brooks in such a way that had “…zero legitimate law enforcement purpose.”

He went farther, calling Kingsley, Galliher, and Kieffer “gang members” and alluded to what “their fellow gang members” did during the brutal beating of Robert Brooks; a beating that Fitzpatrick said was done for no reason.

“Robert Brooks was the new guy at Marcy Correctional Facility and he met the welcoming committee,” Fitzpatrick said. “And in less than an hour, he was dead. He didn’t unpack, he didn’t even set foot in a cell.”

Fitzpatrick continued, putting himself in the place of a juror and voice their thought. “You’re sitting there and thinking ‘Surely, there’s more to this. You’re leaving something out. He must have spit at the officers or degraded the officers. The truth is, he didn’t do a damn thing. Absolutely nothing.'”

Additionally, Fitzpatrick said that there is body-worn camera footage of Brooks looking into the camera, begging for his life and asking what he did wrong.

“All the while these defendants were talking, joking, laughing, and telling nurses not to come in, since there was nothing to see,” Fitzpatrick said.

Kingsley’s attorney gives opening statement

David Kingsley’s attorney, Luke Nebush, was the first to speak for the defense.

“This comes down to Kingsley’s thoughts and intentions,” Nebush said. “The DA has to prove that he acted in a manner that was depraved and acted with complete indifference to human life.”

Nebush went on to say that Brooks was transferred to Marcy Correctional Facility due to injuries he suffered at Mohawk Correctional Facility and that since arriving, Brooks was combative — combative enough for one of the officers to pull their emergency pin.

“Responding officers have no idea what they’re responding to or what’s waiting for them,” Nebush said.

Nebush said what was done was not done with malicious intent, but was Kingsley acting under orders in an “…imperfect situation in a stressful situation.”

“When a sergeant gives orders, they’re expected to comply due to knowledge of the situation that the sergeant had,” Nebush said. “He was holding Brooks at times, but he never initiated any strikes.”

Kieffer’s attorney gives opening statement

Nicholas Kieffer’s attorney, David Longeretta, took the stage and said that his client was innocent and was being accused of something he did not do.

“The indictment and the charges are mere allegations,” Longeretta said. “They’re not proof of anything. The prosecution bears the burden of proving each and every crime beyond a reasonable doubt.”

Longeretta said the videos would show Kieffer would “…use the same exact videos to prove he is innocent.”

“Pay very careful and close attention to see if Nicholas Kieffer is even there,” Longeretta said. “And when every piece of evidence is submitted, I ask [the jury] to ask themselves if it is relevant to Nicholas Kieffer.”

Longeretta continued, saying that in the first area, the Breezeway, a use-of-force incident occurred and Kieffer responded. And in the second area, Longeretta said Kieffer applied the “…minimum amount of pepper spray to obtain compliance.”

“Nicholas Kieffer did not touch Brooks for the reminder of the night,” Longeretta said. “The prosecution is attempting to tie Kieffer to the event… and we will show that Kieffer did not aide or abet anyone. Kieffer did not act with malice and is not guilty of depraved indifference murder.”

Galliher’s attorney gives opening statement

Mathew Galliher’s attorney, Kevin Luibrand, firmly said that his client didn’t do anything to contribute to the death of Robert Brooks.

“Galliher was assigned to work rounds and he was assigned three sergeants,” Luibrand said. “No one ordered anyone to beat Robert Brooks, but they were in charge and there was a chain of command.”

Luibrand said that over the course of seven days, Brooks had been struck multiple times in the head with a padlock and that the evidence showed Brooks was “…talking gibberish” and that he “…thought he was going on a flight.”

“Mathew Galliher didn’t know that,” Luibrand said.

Additionally, Luibrand said that Galliher’s actions could be accounted for the entire night and was always on video.

“What we do know from accounts and testimony is that not only Brooks assaulted at Mohawk, but he was involved in an incident which you will be shown, which Mathew Galliher didn’t know.”

Luibrand went on to say that Galliher observed what happened, but had no knowledge as to what was happening, only that he was told that someone was resisting arrest.

“Someone said ‘shackles’ or ‘irons’… and he leaves the room, goes down the hallway to get the leg irons. And as he leaves, Brooks is being attacked,” Luibrand said. “And that action, using leg irons on an inmate, is the basis for a murder charge.”

Luibrand said the three things that caused Galliher to get a murder charge were putting shackles on Brooks, moving Brooks on the gurney, and not providing medical care.

“And you will see nurses on cameras, moving around, looking over Robert Brooks, and yet they weren’t charged,” Luibrand said. “Despite how Brooks was treated, Galliher is not responsible for Brooks’s death.”

First witness called in Robert Brooks case

The first witness has been called in the Robert Brooks case; Christopher Martuscello, the assistant commissioner and assistant chief of investigations at the New York State Department of Corrections and Community Supervision.

DOCCS assistant commissioner testimony

Martuscello was questioned by the prosecution and read from the Department of Corrections and Community Supervision policy, highlighting DOCCS’s duty to intervene if one staff member witnesses another staff member use force they believe is excessive, they have a right and duty to intervene.

Additionally, Martuscello was asked about the body-worn camera. The assistant commissioner testified that if the body-worn camera isn’t activated by the wearer will enter passive recording mode.

“It records at lesser video quality,” Martuscello said. “It’s called recall footage and are recordings that happen in the background of the camera.” The assistant commissioner, when questioned, also admitted that this recall footage, which records in the background, was a feature that was not told existed to the corrections officers.

And after the death of Robert Brooks, Martuscello said that recall footage was obtained from several cameras worn by corrections officers that showed what happened.

When asked if the video was inconsistent with the reporting that was given to Martuscello, the assistant commissioner said the reports were inconsistent with what was on the video.

Day 3: Witness testimony continues

Christopher Martuscello, the assistant commissioner and assistant chief of investigations at the New York State Department of Corrections and Community Supervision, was called back in to continue his witness testimony from day two of the trial.

Defense cross-examination

Kieffer’s attorney, David Longeretta, questioned Martuscello about DOCC’s use of force policy.

Longeretta asked Martuscello about the use of pepper spray by corrections officers and its permission to use as part of DOCC’s use of force policy. Martuscello confirmed that, yes, pepper spray can be used as part of use of force in order to gain compliance and is under the belief that there’s a reasonable belief that it needs to be use as part of self-defense or prevent harm.

“Pepper spray is used to incapacitate one’s vision, it’s used to maintain control?” Longeretta asked.

“Yes,” Martuscello said.

“And properly applied pepper spray should not result in serious or permanent injury?” Longeretta asked.

“No,” Martuscello said.

Cross examination continued

Kevin Luibrand, Galliher’s lawyer, questioned Martuscello use of force training and duty to intervene.

More specifically, Martuscello was questioned on use of force training by Luibrand and what is taught. The sum of the training for duty to intervene teaches officers that they have a duty to intervene in cases of excessive force, regardless of who is in the room and who is in charge.

Luibrand’s line of questioning focused on the training that officers received and what was taught.

“They don’t tell officers to intervene that tell them how to intervene, whether it’s to talk to them or physically stop them,” Luibrand said. “But DOCCS doesn’t teach them what to do.”

Second witness called

The second witness in the case against three corrections officers involved in the death of Robert Brooks has been called. New York State Police Investigator Sara Nearhoof was called in to do a video walkthrough of Marcy Correction Facility.

Nearhoof narrated the video as it played for the jury.

Among the areas that were shown was the infirmary where Robert Brooks was brutally beaten.

Third witness called

The second witness in the case against three corrections officers involved in the death of Robert Brooks has been called. Pamela Jennings, a registered nurse at the Mohawk Correctional Primary Care Unit was called in.

Robert Brooks injured at Mohawk Correctional

“He told me he was hit with a fist and that there might have been a lock inside the fist,” Jennings said. “He had bruising and swelling around the right side of his face. And the sclera of his eye was very red.”

Discussing the injuries Robert Brooks sustained on Dec. 7 at Mohawk Correctional Facility that prompted his transfer, Jennings said that Brooks needed to be seen by an outside emergency department.

“He expressed pain when he looked to the right and I was concerned that he had suffered a fracture to his orbit,” Jennings said.

When asked what happened when transferring Brooks to an outside emergency department, Jennings said that security officers are required to travel with them and it took about an hour and a half for the security officers to assemble and referred to as a ‘trip team’. During this time, Brooks said that his headache worsened and felt nauseous.

Fourth witness called

The fourth witness in the case against three corrections officers involved in the death of Robert Brooks has been called in. Sergeant David Sayypau, corrections officer at Mohawk Correctional Facility was questioned regarding Robert Brooks altercation on Dec. 9.

On the body-worn camera of Sergeant Sayypau after the altercation, Brooks was found with a combination lock in his pocket. As he was put into the van for transport and questioned about the lock, Brooks said “…he needed it for the airport.”

When questioned as to what he thought that mean, Sayypau admitted he had never heard slang like that used before.

Day 4: Fifth witness called

The case against three corrections officers involved in the death of Robert Brooks continues as the fifth witness was called by the people. Andrea Maran is an attending doctor at Wynn Hospital who was working on Dec. 7 when Robert Brooks was brought in after being attacked by a fellow incarcerated individual.

“He was pleasant and respectful. He was awake and oriented,” Maran said. “I noted he had a black eye on the right side of his face. He complained of some forearm pain and a headache.”

Maran said Brooks was given a head and chest computed tomography scan and an x-ray of the forearm. He was also given a neurological exam, looking for any brain bleeds or trauma.

“My neurological exam of Brooks was benign,” Maran said. “It did not indicate any fractures, broken bones, or brain bleeds.”

He was discharged by Maran after being prescribed a stronger Advil and taken back to Mohawk Correctional Facility, with discharged instructions to report to the corrections officers if his symptoms returned or worsened.

Sixth witness called

The fourth witness in the case against three corrections officers involved in the death of Robert Brooks has been called in. Michael Peacock, an incarcerated individual at Mohawk Correctional Facility, was called in to testify about the second attack on Robert Brooks on Dec. 8.

Beaten at Mohawk

Peacock said that on Dec. 8, Brooks’s condition worsened and threw up and was found laying in a puddle of his own vomit.

Peacock testified that a corrections officer sergeant, who he could only identify as “Mrs. A” saw Brooks laying on the ground and ordered Brooks to clean up his cubicle.

“They told him to get up, but he couldn’t get up,” Peacock said. After doing another round and finding Brooks was still laying on the ground, Peacock said Mrs. A got the attention of one of the incarcerated individuals, who Peacock claims was 6’10 and 400 lbs, and directed him to Brooks’s cubicle. He was joined by two other incarcerated individuals and Peacock said all three were part of a gang.

“I knew something was going to happen,” Peacock said. “He said ‘Didn’t she tell you to clean that shit up?’ and then started giving [Brooks] a countdown. After the countdown, they started hitting him.”

When questioned by the defense, Peacock said the beating happened because he “…didn’t clean the vomit up after being told to by the sergeant.”

Brooks was forced to his feet and directed to the mop station, where he was forced to cleanup his vomit.

Peacock said he’d find Brooks later in the bathroom and told Brooks that if he was going to get sick again, he should stay in the bathroom.

Seventh witness called

The seventh witness in the case against three corrections officers involved in the death of Robert Brooks has been called in.

Asma Mohammed, a nurse practitioner at Mohawk Correctional Facility, discussed her treatment of Robert Brooks after his altercation on Dec. 9.

Mohammed said that Brooks was able to walk on his power with an escort and that his nose was swollen and had a slight laceration.

“Other than that, he was alert, oriented, and cooperative,” Mohammed said. When asked, Mohammed said that nothing that Brooks did raised any alerts. When questioned by defense, Mohammed said that Brooks did not inform her or the nurse about the attack he suffered on Dec. 7 or Dec. 8, or that he had been throwing up.

“He only said that his nose hurt,” Mohammed said.

Wanting to rule out any break to the nose, Mohammed sent Brooks out for an x-ray that came back negative for a break.

“He was cleared and I wrote in his file that I wanted to get the full ER report [from Wynn Hospital],” Mohammed said.

Eighth witness called

The eighth witness in the case against three corrections officers involved in the death of Robert Brooks has been called in. Senior Investigator Ryan Cornish is assigned to the Public Integrity Division of the Department of Corrections and Community Supervision’s Office of Special Investigations and was called in to discuss his duty on Dec. 12 to collect the body-worn cameras worn by corrections officers involved.

Ninth witness called

The ninth witness in the case against three corrections officers involved in the death of Robert Brooks has been called in.

DOCCS Assistant Commissioner Shawn Mousseau was originally a deputy chief of the Office of Special Investigations and spoke with Axon Enterprise, the company who produce DOCCS’s body-worn cameras, and was able to get the recall footage off of the cameras.

“After plugging the devices in, I narrowed down [the timeframe],” Mousseau said. Once he reviewed the cameras, Mousseau made a request for all the other cameras. “I made a request for 15 more cameras and when I received them, I assembled a team of investigators.”

First body-worn camera footage shown

The first body-worn camera footage was shown in the Robert Brooks case and belonged to Sergeant Glenn Trombly.

The recall footage had no audio.

When played, Trombly is the passenger seat as the vehicle drive away quickly. He approaches Robert Brooks, who was originally on the ground. Several corrections officers grab Brooks, hoisting him by all four limbs as they move towards the infirmary.

Trombly is seen walking into the infirmary and joins several corrections officers standing inside the infirmary. Brooks can be seen with his hands cuffed behind his back.

Trombly retrieves a piece of paper from a folder and begins to fill it out. From his position, one of the corrections officers can be seen punching Brooks multiple times. At some point, Brooks begins to move and four corrections officers move in, two at his chest and two at his legs. While holding Brooks down, he is punched multiple times.

One of the corrections officers administers a sternum rub and Brooks is conscious again. He’s held up by two corrections officers, one with their hand on the back of Brooks’s neck. That corrections officer winds back and punches Brooks in the chest.

Brooks is seen being hauled off the gurney by the front of his shirt and brought to the corner of the room. Trombly’s camera captured all of this, until Trombly leaves the room, filling out additional paperwork at a duty desk at the end of the hall before turning back around and re-entering the room.

Brooks is still being held up by multiple corrections officers and something is said to one of them, prompting a smile.

Trombly leaves again, arriving at a duty desk where three other corrections employees are standing and waiting around. He then left, returning to the infirmary, where Robert Brooks can be seen laid on a gurney, looking unresponsive.

Trombly leaves for the duty desk and arrives again, where Robert Brooks is seen to be completely unresponsive. One of the corrections officers shakes Brooks’s head and then administers another sternum rub, but there’s no response.

Trombly moves out into the hallway, where he and several corrections officers speak, with multiple corrections officers looking inside the room during their conversation.

Trombly re-enters the infirmary and one corrections employee can be seen checking Brooks’s nose for breathing, while another administers another sternum rub. Robert Brooks has yet to move since falling unconscious.

Trombly and other corrections officers move around the room, while a nurse and a corrections employee start working on Brooks. The nurse begins using a self-inflating resuscitation bag on Brooks while the corrections employee is giving chest compressions. As this is happening, Trombly turns around in time to see one of the corrections employees smiling and saying something, shortly before the video ends.

Second body-worn camera footage shown

The second body-worn camera footage, worn by Corrections Officer Along. As the video begins, sans audio, Along can be seen adjusting his body-worn camera and looking down at it before turning around and capturing the moment when Robert Brooks was brought in, being carried by all four limbs.

Along is seen moving back and forth down the hallway, handing a piece of paper to one of the corrections employees and speaking with another.

At one point, Along takes off his body-worn camera and puts it on a shelf.

Third body-worn camera footage

The third instance of body-worn camera footage has been shown at court, belonging to Corrections Officer Michael Fisher.

Fisher is seen entering the building where the infirmary is and walks into the room where Robert Brooks is being held.

As Fisher enters the room, one of the corrections officers holding Brooks can be seen hitting him in the stomach with a shoe. After a few moments, one of the sergeants rears his leg back and plants it in Brooks’s groin and stomach, kicking him to push him up the gurney so he can be sat up.

After seeing this, Fisher turns around and is in the hallway, talking with two other corrections officers before a third walks over, saying something that makes one on camera laugh.

Fisher stays out in the hallway and outside the door, looking in as Robert Brooks seen to by the other corrections employees. Shortly after, he downs blue nitrile gloves and waits on standby.

The next time Fisher enters the room, two corrections officers are holding Brooks up while Mathew Galliher applies shackles to Brooks’s ankles.

However, Fisher then leaves the room and takes his spot in the hallway, talking with two nurses who were called into the room. When the nurses enter, Brooks’s pants are removed as a sternum rub is performed on him, but there’s no response.

While observing all of this, Fisher is handed a pair of handcuffs and brings it out to one of the vehicles, stowing it away before returning.

When he returns, Fisher takes a spot in the hallway outside the infirmary, where Brooks can be seen, lying unconscious.

While walking up and down the hallway, Fisher pulls out circular disk, opens it, and puts something in it in his mouth. He continues pacing up and down the hallway, occasionally looking into the room as around three to four corrections officers sit near the duty desk.

Finally, Fisher leaves the infirmary building.

Fourth body-worn camera footage shown

The fourth instance of body-worn camera footage has been shown at court, belonging to defendant Mathew Galliher.

Galliher is seen moving through the infirmary building, entering a records room and speaking with someone before exiting and making his way back to the entrance, only stopping to spit an unidentified brown substance into a garbage can.

Galliher and two other corrections officers then take position around the entrance to the infirmary. All at once, Galliher runs to the van and takes off, arriving at Brooks’s transport van. He witnesses Brooks being carried away and gets back into his van, driving back to the infirmary.

He enters the infirmary building and stands outside the infirmary proper. Several corrections officers can be seen entering and exiting.

Galliher enters the infirmary, just in time to see one corrections officer rub a rag roughly over Brooks’s face before two corrections officers deliver multiple punches to Brooks’s chest and legs.

Galliher then runs out of the infirmary and retrieves shackles. While running to the infirmary, Galliher zips up his jacket, obscuring the video. A flashing green light can be seen, indicating the Axon body-worn camera was record.

After a stretch of time, Galliher unzips the jacket and by now, Brooks has been stripped of his clothes and is lying unconscious on the gurney.

One of the nurses working on Robert Brooks can be seen and is constantly looking between Brooks and a machine that’s keeping track of Brooks’s vitals. At a certain point, the nurse’s eyebrows go up in what looks like shock.

The nurse leaves the room and one of the corrections officers applies a sternum rub, to no response from Brooks. Another corrections officer picks up the phone and talks briefly before hanging up and the nurse returns with another in tow.

One of the corrections employees, the one who applied the sternum rub, takes Brooks’s wrist and begins checking for a pulse while another can be seen listening with a stethoscope.

He takes the stethoscope off and walks away, retrieving an automated external defibrillator from off the wall.

Fifth day: More testimony

It’s the fifth day in the case against three corrections officers accused of second-degree murder and more witness testimony is planned, with around 16 witnesses in total expected to be called.

After Oct. 10, the case will resume on Oct. 14, due to courts being closed on Oct. 13 for Columbus Day.

Ninth witness called

The people called their ninth witness, Doctor Yekaterina Merkulova, who works as a forensic pathologist at the Onondaga County Medical Examiner’s Office. She was called to discuss the findings of Robert Brooks’s autopsy.

Brooks’ injuries before the beating

When asked if the assault on Dec. 7 contributed to the death of Robert Brooks, Merkulova said it didn’t.

When shown an S-ray of Brooks’s nose and skull, Merkulova said she didn’t see any fractures.

A toxicology was performed, showing it had synthetic marijuana, referred to as K2, however 0.1 nanograms per milliliter, which Merkulova said that at most, it would have alleviated some of the pain he was feeling.

“With Mr. Brooks, I did quite a few procedures. He came from the hospital and took photos of any medical intervention. It was evident that he had trauma and we collected evidence for DNA from various surfaces on his body, along with fingernail clippings.”

Merkulova said that Brooks showed asphyxiation due to trauma and compression of the neck.

In an internal examination, Brooks had a fracture on the right side of his nose, surrounding soft-tissue hemorrhaging, fractures to his orbital active bleeding into the nasal cavity and mouth, and blood in his lungs.

“He was breathing in his blood while he was alive,” Merkulova said.

Robert Brooks’s injuries

Merkulova said she was able to tell the difference between injuries Brooks sustained earlier in the week and day from the injuries sustained after he was brought into the infirmary at 9:07 p.m by looking at the color of the bruises.

However, Brooks’s injuries were more severe beneath the skin.

“He had bleeding in the middle layers and deep layers of muscles in the neck, and that’s just to begin with,” Merkulova said. Brooks’s injuries to his neck went deep, even to the muscles that make up the muscles in his spine. “Because I’m seeing injuries in the deep layers of the neck, it was a compressive force on his neck.”

There was also multiple fractures of the hyoid bone. “He had injuries on the front of the neck, back of the airway, and the left and right sides,” she said.

Internally, there was hemorrhaging of the spleen, along with bleeding outside the bladder wall that’s indicative of trauma. He also had trauma of the genitals.

When asked if any single blow caused the death of Robert Brooks, Merkulova said no. Instead, Merkulova said the numerous blows to Brooks’s body caused what’s known as hypovolemia, or low systemic blood volume.

“All of these injuries took blood out of Brooks’s system needed to live,” Merkulova said. “Mr. Brooks’s cause of death is compression to the neck and multiple blunt force injuries. The manner of the death is homicide.”

Tenth witness called, first corrections witness speaks

Robert Kessler, a corrections officer who worked at Marcy Corrections Facility the day Robert Brooks died, testified his part in Robert Brooks’s death. Kessler was one of two corrections officer who cooperated with prosecution and took a plea bargain, pleading down to second-degree gang assault and will be sentenced to no more than seven and no less than five years in state prison.

Kessler was posted as a draft officer, which meant he was responsible for inmates coming into the Marcy facility and processing them. Kessler testified he was called out to the van Brooks arrived in on Dec. 9 and attempted to get his attention.

“They opened up the van doors and Brooks was sitting up, shackled in the van,” Kessler said. “At first, he was non-verbal and it took several attempts to get him to look at me. We were walking into the lobby when he dropped his bag and said ‘I’m not carrying this anymore.'”

Kessler warned Brooks that his property would be left upfront, but he dismissed it and they continued walking through the sallyport and into the arsenal to be ID’d.

Kessler testified that he was walking on his own and was with Nicholas Kieffer, Nicholas Anzalone, Christopher Walrath, and an unnamed Mohawk Correctional Facility officer.

“After we finished at the sallyport, we walked to a small staging after that… Just tried to get conversation out of him, keep him occupied. After the Mohawk officer took the restraints off, we told him to put his hands deep in his pockets,” Kessler said. According to the former corrections officer, Brooks only had his hands partially in his pockets. And after trying to talk to him, Kessler testified that Walrath was the first to attack.

“While talking, Walrath rushed him and assaulted him; putting him in a headlock,” Kessler said. “I didn’t tell him to do that and I didn’t observe any threat.” Kessler admitted that he was under stress and was angry, and rushed forward, striking Brooks several times.

When asked if it was necessary, Kessler said no.

“Everyone collapsed in and joined [the assault],” Kessler said. “I heard someone yell ‘That’s enough’. Kessler told [the Mohawk Correctional Facility] officer to get out of there, and that he didn’t see anything.”

Defense: Cross examination

When questioned by the defense, Kessler accused Mohawk Correctional officers of “…not doing their job” during testimony and instead request Marcy Correctional officers for assistance on numerous occasions when they shouldn’t have.

“It’s uncommon for other correctional officers to not escort [their charge] to the facility,” Kessler said.

Kessler had testified that he had not responded to the Mohawk Correctional officers call for assistance three times until they had said that Brooks was being “…uncooperative” at which, he Anzalone, Walrath, and Kieffer arrived.

Additionally, Kessler said that he was not expecting Walrath to attack Brooks, as he had been attempting to create a rapport with Brooks to get him to cooperate.

This article originally appeared on Observer-Dispatch: Live: Day 5 of the Robert Brooks beating trial

Reporting by Utica Observer Dispatch / Observer-Dispatch

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