Hochul replaces superintendent after death of inmate in upstate prison

ALBANY — Gov. Kathy Hochul on Monday replaced a prison superintendent as a result of the death of an inmate, whose beating by guards was caught on a video recording in a upstate prison on Dec. 9.

Hochul, following a visit to the Marcy Correctional Facility in Oneida County, also ordered $400 million be spent to buy and equip "fixed and body-worn cameras" across all state prison facilities, the hiring of more investigators to respond to complaints, the expansion of a "whistleblower hotline" and a systemwide review of the "department’s culture, patterns and practices" using national experts.

The body cameras now must be used whenever a staff member comes in contact with a prisoner, according to Hochul’s statement.

Robert Brooks, 43, was pronounced dead the morning after the assault in which he was handcuffed, then punched in the face and groin, yanked up by his neck and dropped on a table.

The state released a body camera video of one of the prison workers that showed much of the assault in the medium-security prison. The recording, however, had no sound because the camera was on standby; the prison worker hadn’t turned it on.

"Today, as I stood in the room where Robert Brooks was killed, I was once again heartbroken by this unnecessary loss of life and further sickened to think of the actions of depraved individuals with no regard for human life," Hochul said in a statement. "Mr. Brooks and his family did not deserve this.

"I told both Marcy leadership and the incarcerated individuals that I met with that every single individual who enters a DOCCS facility deserves to be safe, whether they are employed there or serving their time," Hochul said. "The system failed Mr. Brooks and I will not be satisfied until there has been significant culture change."

The state said that all of the workers involved in the death will be fired and 13 have been suspended without pay. One worker resigned.

Hochul ordered the commissioner of prisons to appoint Bennie Thorpe as the "new permanent superintendent" of the Marcy facility. Thorpe has been superintendent of the Shawangunk Correctional Facility. Hochul said Thorpe has two decades of experience in state prisons, including work at the Sing Sing Correctional Facility. Thorpe never served at Marcy before, according to Hochul’s statement.

The state's website states that Danielle Medbury has been the acting superintendent at Marcy.

Brooks had been sentenced in 2017 to 12 years in prison for first-degree assault. He had been transferred to Marcy from a nearby prison hours before the beating. Officials haven't revealed the reason for the transfer.

Hochul said a Future of Prisons in New York State commission will be created to improve strategies, advise on staffing shortages, review the impact of communities when a prison is closed, and study the projected populations for prisons over the next 20 years.

She also said all prison superintendents were contacted to reinforce the state’s position that use of excessive force won’t be tolerated and that all prisoners must be treated with dignity and respect.

Before Hochul’s visit, the Correctional Association of New York, a prison oversight group, said it had raised concerns about Marcy before in a July 2022 report following a monitoring visit.

During interviews, "80% of incarcerated people reported having witnessed or experienced abuse by staff and nearly 70% reported racial discrimination or bias," said Jennifer Scaife, executive director of the Correctional Association, which was created by state law to monitor prisons. "According to one person we interviewed, ‘Physical abuse is rampant; the CO told me when I got here, “This is a hands-on facility, we’re going to put hands on you if we don’t like what you’re doing.” ’ ”

"Another said staff ‘brag and intimidate us about the number of people they’ve beat or sprayed,’ ” Scaife said. "On the second day of our monitoring visit, incarcerated people reported that security staff had announced the prior evening that anyone speaking with CANY representatives would experience retaliation."

The cause of Brooks' death is still pending an autopsy. A medical examination’s preliminary findings list "concern for asphyxia due to compression of the neck as the cause of death, as well as the death being due to actions of another," according to The Associated Press.

State Attorney General Letitia James is investigating the death and that could lead to criminal charges.

Republicans leaders in the State Legislature had no immediate comment on Hochul’s plan.

The union representing correction officers, the New York State Correctional Officers & Police Benevolent Association, said in a written statement: “What transpired at Marcy Correctional Facility is the opposite of everything NYSCOPBA and its membership stand for.”

“This incident not only endangers our entire membership but undermines the integrity of our profession,” the union said. “We cannot and will not condone this behavior.”

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.