ALBANY, N.Y. (AP) — New York's attorney general appointed a special prosecutor Thursday to investigate the death of a man who was beaten by guards at a state prison, saying her office cannot oversee the inquiry because it was already representing some of the corrections officials involved in civil lawsuits.
Attorney General Letitia James, a Democrat, chose the Republican district attorney in Onondaga County, William Fitzpatrick, to investigate the Dec. 10 death of Robert Brooks.
The attorney general typically investigates the deaths of people in the custody of law enforcement, but James said four of the officers under investigation were already being represented by lawyers in her office. Some of the guards have previously been defendants in brutality lawsuits filed by other prisoners.
“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,” James said in a video message. “And I will not allow justice to be delayed or denied because of a conflict.”
Recently released body camera video shows officers punching Brooks while he was handcuffed on a medical examination table at Marcy Correctional Facility on Dec. 9. One officer uses a shoe to strike Brooks in the stomach, and another yanks him up by his neck and drops him back on the table.
Brooks was pronounced dead the following morning.
Fitzpatrick has been the top prosecutor in the Syracuse area since 1992. His office released a statement saying he would not comment “until the grand jury has taken action.”
The beating has prompted widespread condemnation and calls for reform. Gov. Kathy Hochul, who said she was “outraged and horrified” by the videos, appointed a new superintendent for the prison. She also ordered state officials to initiate proceedings to fire 13 correctional officers and a nurse implicated in the attack.
Now that a special prosecutor has been appointed, Hochul said, she expects his team will work quickly to bring charges.
“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,” said Hochul, who as governor has no authority over the special prosecutor or to bring criminal charges herself.
The final results of Brooks’ autopsy are not available. Preliminary findings from a medical examination indicate “concern for asphyxia due to compression of the neck as the cause of death, as well as the death being due to actions of another,” according to court filings.
Brooks, who was serving a 12-year prison sentence for first-degree assault since 2017, arrived at the prison 200 miles (320 kilometers) northwest of New York City only hours before the beating after being transferred from another nearby facility, officials said.
FILE — Onondaga County District Attorney William Fitzpatrick speaks during a news in Syracuse, N.Y., Feb. 21, 2019. (AP Photo/Nick Lisi, File)
FILE - This image provided by the New York State Attorney General office shows body camera footage of correction officers beating a handcuffed man, Robert Brooks, 43, at the Marcy Correctional Facility in Oneida County, N.Y., on Dec. 9, 2024. (New York State Attorney General office via AP, File)
SYDNEY (AP) — Australia has regained the Border-Gavaskar trophy for the first time in 10 years by winning the fifth and final test by six wickets at the Sydney Cricket Ground against an Indian team deprived through injury of their captain and star bowler on Sunday.
The hosts chased down the 162-run target just after lunch on the third day after it had earlier wrapped up India’s second innings in quick time for 157 to win the series 3-1.
Sunday’s victory also means the hosts booked their spot in a second straight World Test Championship final where it will play the already-qualified South Africa at Lord’s in June.
“This (Border-Gavaskar Trophy) was one that a few of us didn’t have,” said Australia captain Pat Cummins. “It’s been an amazing series and it’s one of those ones that’s been in the calendar for a fair while.
“You’ve always got an eye on it for the last year or two, and it’s really lived up to all the hype.”
In a devastating setback for India’s hopes of bowling out Australia to level the series and retain the Border-Gavaskar Trophy for a record-extending fifth consecutive time, star bowler and captain Jasprit Bumrah did not bowl during Australia's second innings.
Bumrah’s injury occurred on Saturday and had only been described as “ back spasms” by the India team after the star seamer had returned from medical scans at a nearby clinic. Bumrah had back surgery to repair a stress fracture in April 2023.
The 31-year-old, who was named man-of-the-series with his 32 wickets — the highest ever by an Indian bowler in a single series in Australia — has almost single handedly kept India in the contest throughout the summer. But he but did not warm up with the other bowlers prior to play Sunday and looked uncomfortable when he did come out to bat as India's was quickly swept up by the hosts.
“So you know, lots of ifs and buts because the whole series was well fought and today as well, you know, we were in the game, so it was not like it was totally one-sided,” Bumrah said. “This is how cricket goes in the nervy moments, whichever team holds their nerve for the longest and you know, sticks together and tries to find a way out of that, will win the series.”
Even without its talisman, India’s attack still sent jitters through Australia’s batting as it had the hosts at 71-3 at lunch and then removed Usman Khawaja (41) to seed more doubt.
Australia had taken 35 from the first three overs and it appeared they might wrap up the test and series before lunch.
But with India desperately needed a breakthrough they got it when Konstas (22) played a wild swipe off Prasidh Krishna with Australia 39-1.
Krishna (3-27) then added Labuschagne (6) to his tally and then the prize wicket of Steve Smith to send some jitters through Australia’s batting lineup at 58-3.
Smith managed only four of the five runs he needed to become the 15th player — and fourth Australian after Ricky Ponting, Steve Waugh and Allan Border — to pass 10,000 career test runs.
But Travis Head (34 not out) — a frequent thorn in India’s side in recent years — and debutant Beau Webster (39 not out) guided Australia home for a landmark series win under Cummins.
Australia now holds every bilateral test trophy available as well as the one-day international World Cup won in India in 2023.
“Yeah, really proud with what we’ve been able to achieve,” said Cummins, who took a team-leading 25 wickets. “We’re also hopefully having the best time of our lives as we’re doing it together as well, so yeah, pretty satisfied at the moment.”
Earlier Sunday, Cummins (3-44) and Scott Boland took two wickets each to wrap up India’s innings for 157, with the tourists only able to add 16 runs to its overnight total to set Australia a target of 162 runs to win the test.
Boland, named man-of-the-match, returned 6-45 for his second career five-wicket haul and took 10 wickets in a match for the first time.
On Saturday, Rishabh Pant’s blistering half century highlighted a chaotic second day where 15 wickets fell and India reached 141-6, for a 145-run lead to leave the series very much in the balance.
Australia was earlier bowled out for 181, giving India a four-run lead on the first innings, and could not take advantage of Bumrah's absence.
Australia's 3-1 series win came after victories in Adelaide, Melbourne and Sydney. India won the first test at Perth and the 3rd test at Brisbane was a rain-affected draw.
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Australia's Beau Webster celebrates after hitting the winning runs during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
The Australian team pose with the Border Gavaskar Trophy after defeating India in the fifth cricket test at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
Indian players celebrate the dismissal of Australia's Steve Smith, left, during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
India's Virat Kohli, left, talks with umpire Sharfuddoula Saikat during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
Australia's Steve Smith reacts after he was dismissed during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
Australia's Beau Webster bats during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
Australia's Travis Head bats during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
Australia's Sam Konstas walks from the field after was dismissed during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
India's Washington Sundar takes a catch to dismiss Australia's Sam Konstas during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
Australia's Steve Smith, left, reads after he was dismissed by India's Prasidh Krishna, right, during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
Australia's Steve Smith reacts after he was dismissed during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
India's Jasprit Bumrah is out bowled during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
Australia's captain Pat Cummins, right, celebrates after dismissing India's Ravindra Jadeja, left, during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
India's Washington Sundar is out bowled by Australia's captain Pat Cummins during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
India's Jasprit Bumrah reacts as he is out bowled during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
Australia's Usman Khawaja runs to make his ground during play on the third day of the fifth cricket test between India and Australia at the Sydney Cricket Ground, in Sydney, Australia, Sunday, Jan. 5, 2025. (AP Photo/Mark Baker)
