New York Attorney General Letitia James has announced her office's decision to recuse itself from the investigation into the death of Robert Brooks, who died following an encounter with officers at Marcy Correctional Facility. This decision comes after careful consideration and aims to maintain the integrity of the investigation.
James explained that her office’s Division of State Counsel represents state agencies, including correction officers, while the Office of Special Investigation handles cases where law enforcement may have caused a civilian's death. An internal conflict check revealed that four officers involved in Brooks' case are represented by lawyers in her office for other matters.
"While we are confident in the firewalls set up between the Division of State Counsel and the Office of Special Investigation, 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," said James.
To avoid any conflicts, James filed papers to appoint Onondaga County District Attorney William J. Fitzpatrick as a special prosecutor. "District Attorney Fitzpatrick has served Onondaga County for over 30 years. His office is well resourced to handle this complex and large investigation," she stated.
The Division of State Counsel will not represent the Department of Corrections or its officers in this investigation. All records will be handed over to Fitzpatrick's office immediately. James expressed condolences to Brooks' family and emphasized that justice must be served without delay.