Deliberations continue for 3rd day in Robert Brooks murder trial as jury asks to review videos and testimony

Update 3:25 p.m.: The jury has requested to review all the body camera footage from inside the infirmary where Robert Brooks suffered deadly blows.

They also asked to hear the definitions of second-degree murder and first-degree manslaughter again.

Update 2:40 p.m.: The jury returned from a lunch break and quickly requested two exhibits.

They asked for the Department of Corrections and Community Supervision policy on the “duty to intervene,” which was a hot topic in closing arguments.

The policy requires officers to step in when they see excessive force. The defense has stressed the policy is not a state law and can not be used to assign criminal liability.

Special prosecutor William Fitzpatrick told the jury they can use the policy to assess the officers’ intent and states of mind.

The jury also asked to see the use of force memo relating to David Kingsley.

Original article:

Utica, N.Y. ― Deliberations in the trial against three state corrections officers accused of killing an inmate last winter continued Friday for a third day.

Early on, the jury asked to review body cam video from a former guard and testimony from a second former guard. Shortly before noon, the jurors asked for the cross-examination of the same witness.

The three guards ― Mathew Galliher, Nicholas Kieffer and David Kingsley ― are accused of showing depraved indifference towards Robert L. Brooks’ life when a group of guards beat him on the night of Dec. 9, 2024, at Marcy Correctional Facility.

All three men face charges of second-degree murder and first-degree manslaughter. Kieffer and Galliher also face a second-degree gang assault charge. Kieffer is the only one charged with filing a false report.

The 12 jurors began their deliberations in the case at about 4 p.m. Wednesday. They started again at 10 a.m. Thursday and went until 4 p.m. They began again at 10 a.m. Friday and submitted their first note around 20 minutes into deliberations.

Thursday, the jury asked for some portions of testimony and definitions of all the charges.

Friday morning, they asked for the direct testimony of one of the guards involved in the beating, who previously pleaded guilty and agreed to testify against his fellow officers. They also reviewed a portion of body camera footage. A couple of hours late, they asked for the cross-examination from that guard.

The jury was still deliberating as of 12:15 p.m.

The body camera footage is possibly the most crucial evidence in the trial.

Axon body cameras captured the beating from multiple angles. Four guards present had their cameras on but did not activate them to start recording. Unbeknownst to them, 30 minutes of video was passively recorded without audio.

It appears likely the guards didn’t know the cameras had the recall function.

The footage shows guards brutally punching, kicking and restraining Brooks. Special Prosecutor William Fitzpatrick has described the scene as “sheer, unimaginable brutality.”

In addition to the videos, jurors heard from 12 prosecution witnesses across six days and saw dozens of exhibits. The defense rested without presenting anything to the jury.

In their closing arguments defense attorneys for the three men told the jury their clients had minimal involvement in the fatal beating and were hesitant to go against their superiors.

Galliher’s attorney, Kevin Luibrand, told the jury his client was hardly in the room during the beatings. He also criticized the state prison system for not preparing his client for scenarios like this.

“They sent him into hell,” he said. “The New York state prison system is hell and they didn’t train him what to do.”

Kieffer’s lawyer, David Longeretta, said his client had used a “minimum amount” of OC pepper spray to “get compliance.” He said this shows Kieffer did not want to harm Brooks.

The third guard on trial, Kingsley, can be seen yanking Brooks by the neck off a medical exam table in one of the videos. Kingsley’s lawyer, Luke Nebush, told jurors that his client was attempting to lift Brooks up to a seated position on the table.

“A screenshot taken in a moment of time does not show intent, or indifference to life,” he said.

In his closing argument, Fitzpatrick told the jury that if they spent even 38 minutes deliberating, they would have given these guards more consideration than they gave Brooks.

If found guilty, the officers face a maximum of 25 years to life in prison.