ROBERT BROOKS' KILLERS' TRIAL LIVE BLOG
DAY 1—JURY SELECTION
Utica, New York Oct. 6, 2025 10:00AM
I'm live-blogging the trial of the New York State prison guards accused of killing Robert Brooks from Utica, New York.
Read more about the Brooks case at The Free Lance News.org
My first report is police are keeping the press out of the courtroom for jury selection—a blatant violation of the First Amendment
10:10AM
Right now, Robert Ricks, the father of Robert Brooks, the murder victim, is being denied entry to the courtroom—which the Constitution requires be open to the public
Jury selection is important to reporters because its the only time for us to find out anything about prospective jurors
10:30
The press made into the courtroom. We're in the ceremonial Oneida county courtroom which is about the size of school basketball gymnasium. The public and press is not allowed to take photographs for now per state law (but will be allowed later).
Right now, Oneida County judge Robert Bauer is interviewing prospective jurors. About 100 of them fill the courtroom. They are all races and walks of life. 3 Defendants are on trial and their 3 lawyers are huddled with Judge Bauer and the stenographer
These are private conversation that cannot be overheard by the public and press in the gallery. They are likely preliminary screening questions, which typically include if they've ever been a crime victim. In this case, one question is likely to be if they have a relative working for the State Department of Corrections
11:25AM
16 people have survived preliminary screening by judge Bauer, prosecutors led by the special prosecutor himself William Fitzpatrick and lawyers for the 3 defendants on trial
Judge took a shot 10 minute break to allow jurors to use the bathroom. When court resumes, the lawyers will have a chance to ask the 16 jurors seated in the jury box more questions. If they don;t like what they hear, lawyers and the prosecutor can ask the court to relieve the jurors and pick new ones
These challenges take 2 forms. Challenges for cause and peremptory challenges. Reasons have to be stated for challenges for cause, but not for peremptory challenges
1:15PM
We're back in session after a lunch break
Now both the prosecution and the defense lawyers get a chance to question the 16 potential jurors sitting in the jury box: 11 women, 5 men, 2 black and at least that appears Spanish
Fitzpatrick, the special prosecutor, is going first. He's giving a folksy introductory talk
1:30PM
Christian Nebush, the Oneida County Public Defender representing guard David J. Kingsley, questioned the jurors as a group, telling them "It's not as simple as it may seem."
Nebush asked whether any juror has considered working as a correction officer. No one said yes. One juror said "its sad." Another said "its dangerous."
Another juror said: "Someone has to be held accountable."
Before it went off the rails with that comment, Nebush was using a trial lawyer's standard technique of getting jurors to make their arguments to other jurors for them.
1:45
The lawyer for CO Mathew Galliher Kevin Luibrand is stressing to jurors the separate nature of the charges against each of the three defendants on trial. "I only represent one person," Luibrand says
He's previewing his defense: that whatever else the other guys did, Galliher did nothing to warrant being convicted of murder. He also asked if any one of them had worked at a job were supervisors didn't tell them how to do the job but punished them for not doing the job correctly
2:00 PM
Nicholas Kieffer's lawyer just told the "Nicholas Kieffer will not testify at this trial."
He attempted to then sort of pre-emptively vouch for Kieffer and explained why he would not: "nerves" was his explanation before Fitzpatrick, the special prosecutor, objected and judge Bauer instructed the attorney to keep his questions "focused on juror qualification."
Now the attorneys have left the courtroom with Judge Bauer and are going over the peremptory and cause challenges to juror qualification Fitzpatrick or defense attorneys might make. Usually that's done in public.
Its unusual for them to totally move it in secret. The public won't know the reason why a juror is disqualified, if judge Bauer allows it—unless Bauer states the reason when they come back into open court
2:30 PM
Judge Bauer just accepted 9 jurors. The defense successfully got two black women in the original pool removed from the jury. Because the lawyers only stated their reasons behind closed doors, we don't know why they were moved. That leaves one man of color on the jury. Judge Bauer must now pick 5 more jurors, including 2 alternates
2:35
Jury selection has resumed with 16 prospective jurors in the jury box to fill the remaining 5 spots on the jury (3 main jurors plus 2 alternates).
The special prosecutor Fitzpatrick is going first in questioning the jury pool again. In addition to briefly describing the theory of accomplice liability to them, he tells them that "individuals who have reached agreements" with the prosecution will testify and their testimony should be fairly considered
Those three individuals who cut deals include guard Robert Kessler, Sgt. Glenn Trombley and another guard whose identity at this time is not certain
2:50PM
Luibrand, Galliher's lawyer, is back questioning the jury. This time h is stressing "these officers did not have benefit of hindsight." He said "they were forced to make decisions."
3:05PM
Kieffer's lawyer David Longeretta is stressing that Kieffer will not testify. "And there's a multitude of reasons for that." Like Curly during the first round of jury selection, Longeretta is attempting to give the jury a reason why--a reason he otherwise would not be able to explain when the trial starts
4:00PM
4 more jurors have been chosen. One of them is a black woman. That's 2 people of color on the jury. That leaves at least one more juror to be chosen or maybe 2. That's it for today. See you tomorrow