There’s was movement with the Robert Brooks case on July 15 as a former corrections officer allegedly involved was before Judge Robert Bauer and heard the date for his jury selection — Oct. 6.
Brooks, an inmate transferred to Marcy Corrections Facility on Dec. 10, was brutally beaten with his hands cuffed behind his back by corrections officers while in custody. An autopsy was conducted by the Onondaga County Medical Examiner’s Office and, in February, Brooks’ death was ruled a homicide.
David Kingsley, who was charged with second-degree murder and first-degree manslaughter, was back in court July 15 for his suppression hearing — a hearing to determine whether or not certain pieces of evidence can be presented at trial.
First two witnesses
Attorney Luke Nebush, representing Kingsley, had put forth a line of questioning towards New York State Police Senior Investigator Joseph Simpson and New York State Police Investigator Christopher Kolozsvary, asking if either had discussed the Brooks case, posed any questions, or mentioned what they knew, to Kingsley.
Doing so would have violated Kingsley’s right to self incrimination, or his Miranda Rights. This all pertained to the people’s evidence exhibits one and two — flash drives which contain recorded interactions and interviews with Kingsley.
The suppression hearing on July 15 was to determine if the evidence was admissible.
Nebush asked Simpson if he had been briefed on the incident involving Kingsley, to which he stated he had been. When asked if he knew that Kingsley was going to be relieved as a corrections officer, Simpson indicated that he hadn’t know and that Kinglsey had mentioned he had “been walked out.”
Simpson also indicated while under oath that he had never come across any information of the incident before his interview with Kingsley at the Watertown State Police Barracks, never came across any attorneys, and that he wasn’t aware of any conversations that took place with Kingsley that did so.
Kolozsvary echoed Simpson’s testimony, saying they first made contact with Kingsley on Dec. 13, 2024 in an attempt to execute a search warrant of a residence on North Madison in the village of Adams. However, Kingsley wasn’t present and was instead called. when advised that Simpson and Kolozsvary were there to execute a search warrant and recover his uniforms.
The interview took place on Dec. 14 and Kolozsvary indicated he read Kingsley his Miranda Rights before the interview and that he was not being held and that he hadn’t been told he couldn’t leave.
Kolozsvary said that he had Kingsley initial a card after being read his Miranda Rights, before the interview took place. An inventory of items recovered by the search warrant took place before the interview, lasting around 50 minutes before Kingsley was questioned about the death of Brooks.
Kingsley’s statements
Kolozsvary said in his interview with Kingsley, Kingsley said he “…came into contact with Brooks, but said he didn’t touch Brooks until he performed CPR.”
The New York State Police investigator added that Kingsley stated that Brooks walked into the infirmary.
Future of the case
Judge Bauer stated that he was reserving decision on the suppression hearing until a later date.
He set the pre-trial conference for Sept. 22, 9:30 a.m. and jury selection is set for Oct. 6.
This article originally appeared on Observer-Dispatch: Marcy CO back before judge, jury selection to start in October
Reporting by Casey Pritchard, Utica Observer Dispatch / Observer-Dispatch
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