ROBERT BROOKS’ KILLERS’ TRIAL LIVE BLOG
DAY 5
Robert Kessler pleaded guilty to gang assault in the killing of Robert Brooks. Special Prosecutor William F. Fitzpatrick promised him a sentence of no greater than seven years in exchange for testifying against three former colleagues. Here he arrives under police guard at court to testify.Photo credit: JB Nicholas.
UTICA, NEW YORK Oct. 10, 2025
9:43 AM
Day 5 of the trial is expected to begin shortly with testimony from the Medical Examiner who performed the autopsy on Robert Brooks.
Two former guards granted sweatheart plea-bargains to testify as prosecution witnesses are expected to testify after that: Robert Kessler and Sgt. Glenn Trombly, leader of the beat-up squad that killed Robert Brooks.
10:11AM
Dr. Katya Merkulova is on the witness stand. She's the Onondaga County Medical Examiner who autopsied Robert Brooks after he was killed at the Marcy Correctional Facility on Dec. 9, 2024. She testified she performed 508 autopsies to date and is now explaining basic facts about her job and what autopsies are.
Dr. Katya Merkulova performed the autopsy on Robert Brooks for the Onondaga County Medical Examiner’s office. Photo credit: JB Nicholas.
10:15AM
Dr. Merkulova testified that the two assaults Brooks suffered at the hands of prisoners at the Mohawk Correctional Facility before he was beaten and choked by guards at the Marcy Correctional Facility did not in any way contribute to his death at the hands of the Marcy guards.
This is a key moment in the trial. For the defense to be successful, the defense must cast doubt on Dr. Merkulova's testimony. Expect a lengthy and aggressive cross-examination. For now, she's still the prosecution witness.
10:22AM
Merkulova confirmed that Brooks had synthetic cannabinoids called K2 in his blood. The test that revealed the existence of K2 does not quantify it but the minimum amount the test is 0.1 nanogram.
She testified that the K2 did not in any way contribute to his death. She added its only effect was pain-relief: it "may have alleviated some of the pain he was experiencing."
10:31AM
Dr. Merkulova is now detailing the extensive injuries Brooks' suffered at the hands of the beat-up squad.
"Compression of the neck and multiple blunt impact injuries," she testified, resulted in "evidence that there was not enough blood to deliver the oxygen."
Brooks' nose bone was broken into multiple pieces. That caused "active bleeding into the nasal cavity and mouth." Analysis of his lung tissue showed, Merkulova testified, "suggested that oxygen was not able to get into his body." There was also "patterned bleeding his lungs" which showed he was "breathing in blood when his alive and that was all coming from the injuries to his face."
10:46AM
The defendants are squirting more in their seats now than they have at any prior point in their trial. Its almost as if even they can't believe all the damage they did to Brooks. Its also dawning on them that they're probably going to to go to prison for a very long time.
11:05AM
Dr. Merkulova concluded Brooks' injuries were not survivable--even if he'd been inside a hospital with the best emergency care available.
"Mr. brooks cause of death is compression of the neck and multiple blunt impact injuries," Merkulova concluded. "The manner of death is homicide."
Kessler after testifying against his former colleagues, charged with murdering Robert Brooks. Photo credit: JB Nicholas.
11:19AM
Robert Kessler, a cooperating prosecution witness, has taken the witness stand.
11:28AM
Kessler was allowed to plead guilty to second degree gang assault with a promised sentence of between five and seven years in exchange for his testimony against Kingsley, Galliher and Kieffer.
He says he worked as a guard for 7 years, 5 1/2 to 6 years inside Marcy's Residential Mental Health Unit. He said he had special training in verbal de-escalation that DOCCS' calls IPC, for interpersonal communication skills.
Kessler testified that he was working a 16-hour day and was within an hour of going home when he got a call that Brooks had arrived at Marcy from Mohawk. But the Mohawk officer who transported him wouldn't bring him to "draft," where Kessler was working to process him and the two bags of property he had with him into Marcy. It was the Mohawk officers' responsibility to do that, he said.
Kessler twice refused to go to the administration building outside of which Brooks was sitting in a van. He went when he got called a third time because Brooks refused to get out the van and someone thought his IPC skills would be useful. Kessler got Brooks to get out of the van and carry his bags into the prison.
As they were walking through the administration building, Brooks dropped the bags and refused to carry them further.
"I'm not carrying this anymore," Brooks said, according to Kessler. "'Fuck this property I'm not carrying it,'" Kessler recalled Brooks saying.
Continuing to walk through the administration building, Kessler said he told "him to place his hands deep in his pockets."
Brooks had his hands partially in his pockets, but he was "not threatening at that point," he said.
Suddenly, he said, fellow guard Christopher Walrath pushed past him, bang Brooks against a nearby concrete wall then put him in a headlock—which is a kind of chokehold prohibited by DOCCS' policy, he said.
Kessler punches him in the thigh and "everyone had grabbed a hold or struck Mr. Brooks at that point."
12:05 PM
The first beating of Mr. Brooks stopped, Kessler testified, when he "heard someone yell 'That's enough!'"
The Mohawk guard who transported Brooks was present for the first beating, but Kieffer, one of the other guards who beat or held Brooks down the first time, told the Mohawk officer to leave and forget what he'd seen.
Kieffer "told him to 'Get out of there, you didn't see anything."
Then Kessler and Anzalone picked Brooks up one on each arm and began to force walk him toward the infirmary. When they reached the interior of the prison Kieffer told Kessler and Anzalone to put Brooks down.
"Keiffer said 'I got to spray him,'" Kessler said. "Step back."
They put Brooks down face first on the concrete sidewalk, and Kieffer peppersprayed Brooks.
"He sprayed him in the head and face area," Kessler said.
Kessler added Brooks was no threat at all when Kieffer peppersprayed him.
After Keiffer peppersprayed Brooks, he used his radio to call a "Red Dot" emergency which brought more guards rushing to the scene.
12:30PM
When Kieffer calls the Red Dot, that's when the beat-up squad led by Sgt. Glenn Trombly arrived. Anthony Farina with defendants Galliher and Kinglsey arrive at this time.
The aftermath of this moment is when the body-camera video that captured the killing begins. Everything before this point was largely a mystery before Kessler's testimony. Know we know how it started, and The Free Lance's prediction, made last January, is proved true: Walrath hit Brooks first.
12:35PM
Kessler testifies Brooks was assaulted again before being carried unconscious by him and Anzalone into the infirmary's emergency room.
He did it, he said, "out of frustration and anger."
He never hit Brooks while Brooks was on the hospital bed being assaulted by the rest, he said. From the outside looking in, it was obvious Brooks needed help.
"He looked like he was in distress," Kessler said. "He was non responsive."
Kessler said Brooks shouldn't have been attacked.
"He wasn't doing anything at all," Kessler said.
After Brooks died, Kessler said "We had to create a narrative as to what happened."
He created that fake story with Anzalone and Kieffer, he testified.
1:05PM
Kieffer’s lawyer, David Longeretta, has started his cross-examination of Kessler. He’s going over his account detail by agonzing detailing, looking for weak points to attack. Undermining the credibility of witnesses can happed all at once in one big courtroom movie moment. But usually its death by a thousand slices. That’s the approach Longeretta is taking.
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