ROBERT BROOKS’ KILLERS’ TRIAL LIVE BLOG
DAY 3
Oneida County judge Robert Bauer is presiding over the trial of 3 former state prison guards charged with murder. Here he looks on as Kevin Luibrand, attorney for one of the guards, Mathew Gallher, makes his opening statement to the jury on Oct. 8, 2025. Photo credit: JB Nicholas.
UTICA, NEW YORK Oct. 8, 2025
We’re back for Day 3 of the trial of 3 state prison guards charged with murder for killing Robert Brooks at the Marcy Correctional Facility on Dec. 9, 2024.
10:10AM
Special prosecutor William F. Fitzpatrick told the Court outside the presence of the jury that the People's first witness on Tuesday, DOCCS' Deputy Commissioner Christopher Martuscello, testified that Robert Brooks did not have any "infractions." In truth, Fitzpatrick told judge Robert Bauer, Brooks had one misbehavior report for not reporting to a "program."
Judge Bauer brought Martuscello back to the witness stand and had him clarify. Now they're bringing the jury in, and the defense will have a chance to cross-examine Martuscello on his "mis-statement." This is the first mis-step in Fitzpatrick's presentation of the People’s case.
10:32AM
David Longeretta, Kieffer's attorney, is cross-examining Martuscello. Before Martuscello rose through the ranks to become Deputy Commissioner, he was a Correction Officer. Longretta asked him if he ever had to use force against a prisoner. Martuscello said yes.
Longretta attempted to undermine Martuscello's credibility by implying he testified differently at the Grand Jury than he had just testified about the day he was notified Brooks was dead. Martuscello said he was notified there'd been a "significant use of force" against Brooks on the 9th and was then notified Brooks died on the 10th.
There was no difference and Jarrett Woodfork, one of Fitzpatrick's assistant special prosecutors, objected. But he used the wrong objection. He objected on the basis that the witness did not ask for the transcript of his Grand Jury testimony to refresh his recollection—instead of simply stating "there is no inconsistency."
Rules of evidence do not allow a lawyer to use a witness's prior statements to impeach them if they are consistent. They’re inadmissable hearsay otherwise. Longretta got away with this one. Point for the defense.
10:54
Now Longretta is asking Martuscello a series of hypotheticals about DOCCS' use of force policies. The prosecution objected, and judge Bauer allowed it. Longretta is being crafty. What he's doing is muddying the waters for the jury. He's getting Martuscello to "yes" to hypothetical uses for force and thereby making it harder for them to judge whether the Defendants' use of force against Brooks was justified.
Since judge Bauer allowed it, what the prosecution has to do on re-direct when the defendants' attorneys are done cross-examining him, is reinforce that there's a bright line rule for all uses of force: that use of lethal force is only justified if the prisoner is using or threatening to use lethal force—or trying to escape.
None of which is an issue here. There's been no evidence presented that Brooks was using lethal force, threatening to use lethal force or trying to escape. There's a big difference between use of force and use of lethal force. Only use of lethal force is an issue here.
12:21PM
Kevin Luibrand, Galliher's lawyer, is questioning Martuscello about DOCCS' training on the duty to intervene to prevent other officers from using excessive or objectively unreasonable force.
He's pointing out that DOCCS' yearly training update for officers on using force includes less than a minute-long segment on duty to intervene. Martuscello points out that it's short because its meant to be a bright-line rule applicable in any conceivable factual situation.
12:48PM
Luke Nebush, David Kingsley's lawyer, is questioning Martuscello about the general threat environment correction officers face in prison. He asking about different types of shanks and where they're hidden. He's also asking about the different types of drugs that are present in prison. Heroin, marijuana, Fentanyl and even "Wasp Spray" was his answer.
2:27PM
An extraordinary scene unfolded at the start of the afternoon session
State Police Investigator Sara Nearhoff took the stand and testified she was assigned to capture parts of Marcy Correctional Facility where Brooks was murdered, including the room in the infirmary where he was beaten for a third time and finally killed, which is called the "emergency room."
Inv. Nearhoof shot the video starting outside the prison and walked inside, passing through several gates in the process. Once inside, she walked along the inner road where Brooks was walked, beaten and finally carried unconscious into the infirmary. Inside the infirmary, she tracked Brooks' path through the lobby to the emergency room.
The video unspooled without sound on a screen aimed at the gallery, so that spectators could see what the jury, judge and lawyers were seeing. Robert Brooks Jr. sat in the first bench in the public gallery staring at the place where his father was killed.
Brooks' sat behind one of the men accused of killing his father, David Kingsley. On the bench next to Brooks, Kingsley's wife sat with her emotional support dog. All three were bound by grief and death.
Everyone in the courtroom was stone silent while the video played. The only thing anyone could hear were the tears that fell without a sound from Brooks's cheek.
3:01 PM
Before being transferred to Marcy on the evening of Dec. 9, Robert Brooks was incarcerated at the Mohawk Correctional Facility.
Pamela Jennings, a nurse at Mohawk, testified she treated Brooks for a head injury on Dec. 7. She said "he told me he was struck with a fist and he thought there was a lock in the fist."
"He had bruising and swelling to the right side of his mostly around his right eye," Jennings said. The sclera, or white part of a person’s eye, was red. She thought it was possible a bone around his eye was broken because when he moved it to the side he felt pain.
“My concern was that he had a fracture to the orbit to his right eye,” she said.
Still, she said, Brooks was "calm and cooperative." He was also "alert and oriented. He was "able to walk independently."
Jennings said she thought Brooks might have suffered a head injury because he "had a headache and felt nauseous”—symptoms of a head injury. While Brooks was in the infirmary, his pulse dropped from 92 to 55.
Jennings said Brooks was taken by ambulance to Wynn Hospital in Utica.
3:16PM
Sgt. David Sayyeau from Mohawk was the Prosecution's last witness for the day. He took the witness stand proudly in his dress blue uniform. His testimony was as crisp as his uniform. He seethed the professionalism of someone who does his job right and if everything else falls apart in the world he would still show up and still do his job right because that's still what real men do.
Sayyeau talked with Brooks around 8:00AM on Dec. 9 at Mohawk after he was assaulted in a dormitory-style housing unit there. Sayyeau turned his body camera on and recorded his interaction with Brooks. Brooks is calm and not threatening. He complies with Sayyeau's orders, even when the sergeant orders him to put his hands on the wall to submit to a pat frisk.
Brooks also complies when he is handcuffed behind his back and driven in a van with Sayyeau and another guard to the infirmary for examination.
The pat frisk revealed a combination lock and one sock in Brooks's pants pocket, one on one side, the other on the other side. Had then been combined, DOCCS would have considered it a weapon.
"I took it as he had it for protection," Sayyeau said, "since he was assaulted two days before that."
Brooks told Sayyeau he was first assaulted on Dec. 7. Because of the assault, prison officials transferred him to another housing unit at Mohawk—where he was assaulted again.
"Someone attacked me while I sleep," Brooks told Sayyeau. "Yeah five in the morning someone attacked me."
Brooks told Sayyeau his attacker belonged to a gang and told him he had to leave the housing unit.
"He was trying to run the dorm," Brooks said.
Sayyeau said a confidential source had heard it was over drugs that Brooks might have "lost."
Sayyeau said it "appeared as though" Brooks "hadn't showered in a few days." He added Brooks told him he was getting on a plane to fly to Puerto Rico at noon on Dec. 9.
"He gave me a specific time and location," Sayyeau said.
Sayyeau referred Brooks for a mental health evaluation. Instead he was transferred to Marcy, where he was killed by guards.
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