ROBERT BROOKS' KILLERS' TRIAL LIVE BLOG
DAY 2
Oneida County judge Robert Bauer is presiding over the trial of 3 New York State Correction Officers charged with murder for killing Robert Brooks at the Marcy Correctional Facility in 2024. Photo credit: JB Nicholas.
UTICA, NEW YORK Oct. 7, 2025
10:05 PM
Day 2 of the trial of 3 of the New York State prison guards charged with killing Robert Brooks has started. I'm live-blogging the trial.
Judge Robert Bauer is presiding. Today Bauer, Special Prosecutor William Fitzpatrick and attorneys for the 3 defendants on trial, will finish picking the jury. Fitzpatrick is expected to make his opening argument to the jury this afternoon
10:16
One prospective juror was just questioned by judge Bauer, the prosecution and defense attorneys and he said he worked with Correction Officers at his job. He was dismissed summarily by Judge Bauer.
10:32
For the first time, FItzpatrick, the special prosecutor is acknowledging that Robert Brooks' criminal record might turn the jury off and led them to perhaps acquit the defendants because of it. "I'm not representing Mr. Brooks," Fitzpatrick said. "I'm representing the People of Oneida County."
Fitzpatrick also encouraged the jury to speak up if other jurors disobey judge Bauer's instruction—a nod to the potential for jury nullification.
10:37
Luibrand and Nebush, lawyers for defendants Galliher and Kingsley respectively, kept their remarks to prospective jurors short because these jurors were in the courtroom yesterday and heard the two talk to the two previous panels of prospective jurors.
Curly, the lawyer for Kingsley, took a different approach. He focused the prospective juror's attention on the process.
"One of you will be the last juror chosen," Curly said. "Can you promise me you'll pay as much attention as the first?"
The prosecutors and defense lawyers have now moved to the judge's chambers to sort through challenges to individual prospetive jurors
11:09
A full jury of 12 people and 4 alternate jurors has been chosen. 7 are men, 9 are women. There does not appear to be any Black Oneida county residents on the jury. There are two darker skinned men, and one darker-skinned woman. It appears they are Hispanic or Asian.
1:00PM
We're back for opening arguments. Fitzpatrick, the special prosecutor, wants to show the jury a Powerpoint presentation including apparently the body camera video of the killing, but the defense is strenously objecting.
Judge Bauer is perterbed that this issue was not discussed and settled beforehand. The defense may have a point. Normally the law requires exhibits be admitted into evidence before they are shown—published, in legal lanuguage—to the jury
Special prosecutor William F. Fitzpatrick presenting opening arguments to a jury deciding whether State prison guards murdered Robert Brooks by beating and choking him. Photo credit: JB Nicholas.
1:35
Special prosecutor William F. Fitzpatrick is giving his opening statement. Fitzpatrick called the group of state prison guards who killed Robert Brooks “a gang.” The “gang,” he said, killed Brooks.
“They killed him,” FItzpatrick said. “Remember that word. They killed him. Mr. Galliher, Mr. Kieffer and Mr. Kingsley.”
He called Brooks’ killing “sheer, unimaginable brutality.”