It could take years for the state Commission on Correction to complete a mortality review of an incarcerated man who was beaten to death by multiple officers at Marcy Correctional Facility last month, the oversight group's chair said Wednesday.
The commission, which provides oversight to all state prisons, jails and juvenile detention facilities, has not publicly discussed the death of Robert Brooks since he died after a violent encounter with officers, which was captured on body-worn camera footage.
After the meeting, commission chair Allen Riley declined to comment on Brooks' death or lawmakers' calls to close the facility.
The commission reviews every death in state prisons and jails, but Riley said those reviews often take years — especially amid pending criminal investigations.
"It could take years," Riley said Wednesday. "It all depends on how everything is conducted."
No charges have been filed, but 16 Marcy staffers remain suspended without pay in connection to the incident. Two officers resigned.
Earlier this week, Assemblyman David Weprin spoke with Onondaga County District Attorney William Fitzpatrick, the special prosecutor in Brooks' case, and said he's confident criminal charges will be filed against officers in the next several weeks.
"That's something that shouldn't be rushed to judgment," the assemblyman told Spectrum News 1. "...I got the impression that he was taking this very seriously and there will be very serious charges, whether they be manslaughter or something close to that. I think it's not going to be a whitewash at all. It's not going to be that people are going to come out of this with no charges."
The three-member commission is responsible for keeping prisons and jails safe and humane, but has not publicly discussed Brooks' death or endorsed legislative action to reduce violence in state facilities. A medical examiner has not released Brooks' final cause of death.
Commission spokesperson Kirstan Conley said Wednesday the oversight group is not ignoring the case, but must respect, and does not comment on, pending criminal investigations.
"In coordination with law enforcement, the commission and Medical Review Board are investigating the death of Mr. Brooks," Conley said. "The commission is committed to ensuring that incarcerated individuals are provided proper care and humane conditions for their health and safety. Members take allegations of detainee abuse extremely seriously, and staff monitor complaints, grievances and reported significant facility incidents, using statutory enforcement power to ensure the remediation of facility deficiencies."
The Medical Review Board investigates all in-custody deaths in state jails, prisons and local police lockups and works with law enforcement when criminal wrongdoing is suspected, she added.
Gov. Kathy Hochul included $500,000 more for the commission in her executive budget proposal for a total of $4.6 million, including three more staffers to improve state prisons — bringing its total staff to 47 full-time employees.
Last year’s budget allowed Hochul to close up to five prisons by the end of the state’s fiscal year April 1 due to declining population, excess capacity and staffing shortages. The state closed Great Meadow and Sullivan correctional facilities late last year.
It’s too late for the governor to issue a 90-day notice to the Legislature to close another facility before the end of the fiscal year.
Lawmakers are expected to send a second letter to Hochul in the coming weeks demanding Marcy Correctional Facility be closed to send a message to staff in other facilities. But the Legislature is more likely to pass other prison reforms this session — unless Hochul decides to close the Oneida County facility in the upcoming budget due April 1.
Brooks' death has sparked efforts to expand the commission and its oversight. A proposed bill would allow the Legislature to appoint more members to the oversight body, including a formerly incarcerated person, and others with legal and medical backgrounds.
"We want to revamp and energize this commission," said Yonah Zeitz, director of advocacy with the Katal Center for Equity, Health & Justice. "For decades, it hasn't fulfilled its mandate to do any inspections in prisons."
Zeitz said the violence at Marcy is not an outlier, and a culture of violence and abuse is present in prisons across the state.
Assemblyman Weprin sponsors a bill to allow the Correctional Association of New York to visit a facility unannounced at any time and give the nonprofit access to more prison data.
"I'm optimistic something major will happen out of the tragedy that occurred, but time will tell," the assemblyman said Wednesday.
Weprin joined more than 60 lawmakers to send a letter to Hochul demanding Marcy be closed, but said its closure would be symbolic, and not address systemic issues.
Leaders with the state correction officers' union condemn the attack on Brooks, but are urging lawmakers to take their time to draft the right legislation to address the root of issues for increased violence in state prisons. The union and several lawmakers stand against closing the facility, and argue it won't solve increased violence between incarcerated people and prison staff.