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The Guardian - US
The Guardian - US
World
Julian Roberts-Grmela

New York governor orders firing of 14 prison workers after fatal attack on inmate

the entrance to a correctional facility
Marcy correctional facility in Marcy, New York. Photograph: Will Waldron/Albany Times Union/Getty Images

The New York governor, Kathy Hochul, has directed 14 workers at a state prison to be fired after they were allegedly involved in an attack that resulted in the death of an incarcerated man.

Robert Brooks, 43, died in a local hospital a day after a 9 December incident at the Marcy correctional facility in central New York.

Hochul said her decision to initiate the firing process of 13 correction officers and a prison nurse came after an “internal review” of the incident, of which there is video that is being reviewed by prosecutors.

“We have no tolerance for individuals who cross the line, break the law and engage in unnecessary violence or targeted abuse,” Hochul said in a 21 December statement. “I am committed to accountability for all involved.”

Daniel F Martuscello III, the commissioner of the department of corrections and community supervision (DOCCS), described the governor’s decision as “in the best interest of the agency and the communities we serve” and said “additional suspensions may be issued”.

“I denounce their actions in the strongest terms,” Martuscello said. “There is no place for brutality in our department and we will vigorously pursue justice against the individuals who committed this senseless act.”

The New York attorney general, Letitia James, who is conducting an investigation into “the use of force by correction officers that preceded the death of Mr Robert Brooks at Marcy correctional facility”, said in a press release that her office of special investigation obtained video of the incident.

James said: “We will make the footage available to the public after Mr Brooks’ family has had the opportunity to view it.”

“Law enforcement professionals must be held to the highest standards of accountability, and I am committed to providing New Yorkers with the transparency they deserve,” James continued.

The attorney for members of Brooks’ family, Elizabeth Mazur, said in a statement that she and the family had viewed the video. “As expected, watching the horrific and violent final moments of Robert’s life was devastating for his loved ones, and will be disturbing to anyone who views the video following its release by the attorney general’s office,” Mazur said. “We will not rest until we have secured justice for Robert’s memory, and safety for the prisoners at Marcy correctional facility.”

The union that represents correctional workers, the New York State Correctional Officers and Police Benevolent Association, said in a press release that some members of their executive board had watched footage of the incident.

“What we witnessed is incomprehensible to say the least and is certainly not reflective of the great work that the vast majority of our membership conducts every day,” the union’s press release said. “This incident not only endangers our entire membership but undermines the integrity of our profession.”

The press release from the correction officers’ union said: “When this footage is released to the public, it will undoubtedly draw comparisons to other high-profile incidents of violence involving law enforcement.”

In a press release, the New York Civil Liberties Union said Brooks’ death “is not an isolated incident”.

“Rather, it highlights a culture of violence and a lack of accountability for wrongdoing by corrections officers that puts the lives of incarcerated New Yorkers at risk,” the NYCLU statement reads.

The Correctional Association of New York (CANY), a prison oversight organization empowered by state law, said in a statement that terminating staff involved in the incident “is a good start, but Governor Kathy Hochul and the legislature must go much further”.

“They need to take bold and courageous actions to fulfill past commitments and bring about a new era of transparency and accountability in state government,” the CANY press release reads.

The association’s press release about Brooks points to a report released last year about their monitoring visit to Marcy correctional facility in 2022.

CANY says that according to their interviews with people incarcerated at the facility, 80% reported witnessing or experiencing abuse and 70% reported racial discrimination.

According to their press release, one person interviewed at Marcy correctional facility told CANY: “Physical abuse is rampant; the [correction officer] told me when I got here: ‘This is a hands-on facility, we’re going to put hands on you if we don’t like what you’re doing.’”

The correction officers’ union said: “This incident has the potential to make our correctional facilities even more violent, hostile, and unpredictable than ever before.”

“Our members will face heightened challenges as a result, and any efforts to improve their working conditions and quality of life will be overshadowed by this incident,” the union said.

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