JUDGE WHO GRANTED BAIL TO GUARD WHO PLEADED GUILTY TO KILLING ROBERT BROOKS GOT CAMPAIGN DONATIONS FROM DEFENSE COUNSEL
STATE SUPREME COURT JUSTICE JAMES P. MCCLUSKY GRANTED DAVID WALTERS RELEASE ON BAIL. MCCLUSKY GOT CAMPAIGN DONATIONS FROM A LAWYER WHO DEFENDED ANOTHER GUARD ACCUSED OF KILLING BROOKS
State Supreme Court justice James P. McClusky granted bail to one of the prison guards who pleaded guilty to killing Robert Brooks. David A. Longeretta represented another one of the prison guards accused of killing Brooks. Longeretta gave Justice McClusky a $250 campaign donation back in May. Photo montage: JB Nicholas.
MALONE, NEW YORK Dec. 11, 2025 Exclusive Updated Dec. 12, 2025, 11:02 AM
The judge who granted bail to one of the former prison guards convicted of killing Robert Brooks pocketed campaign cash from a lawyer who defended another guard accused of the killing.
In a stunning decision on Wednesday, State Supreme Court Justice James P. McClusky granted former guard David L. Walters' request for bail pending appeal from his manslaughter conviction for killing Brooks at the Marcy Correctional Facility on Dec. 9, 2024.
Walters pleaded guilty and was sentenced to 2 1/3-to-7 years in prison in November. He'd already been sent into the state prison system and was at the maximum-security Elmira Correctional Facility when Justice McClusky issued his decision.
Among the 11 or so guards charged with killing Brooks, Nicholas Kieffer was also charged. Kieffer was acquitted after a jury trial in October. Kieffer's primary lawyer was David A. Longeretta.
Longeretta gave McClusky a $250 campaign donation in May, according to a database of donations available on the website of the New York State Board of Election.
In addition, back in 2011, when McClusky ran for a State Supreme Court judgship in Jefferson County the first time, Longeretta's parents, John and Mirella, gave McClusky $150, according to the board of election database.
The Longerettas' last name is misspelled in the database. The "e" between "g" and "r" is left out. Their names and address match those of David A. Longeretta's parents, according to public records.
The dual donations suggest a relationship between McClusky and the Longerettas stretching back decades.
Invitations to comment sent to David A. Longeretta and Nicholas A. Passalacqua, Walters' lawyer, were not immediately replied to.
Reached Thursday morning, David A. Longeratta said he had “nothing to do with” Justice McClusky’s decision to grant Walters bail.
“I was running for Town Justice in New Hartford at the time,” Longeretta said. “I’m allowed to make campaign donations at that time.”
Nicholas A. Passalacqua, Walters’ attorney, said “Those seem like normal campaign contributions to me and nothing more, but I had no knowledge of that prior to you telling me. And I am not sure what relevance Mr. Longeretta’s donations would have on a case that he isn’t involved in. “
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