6 days ago
Four more Brooks defendants have hearing in Oneida Co. Court
UTICA, NY (WUTR/WFXV/WPNY) — Four more defendants in the murder trial of Robert Brooks had their day in Oneida County Court on Wednesday.
Nicholas Anzalone, David Walters, Michael Fisher, and Michael Mashaw were in court to make motions before Judge Robert Bauer on Wednesday, June 4. Anzalone is the only one of the four who is facing a top charge of murder, while the other three face top charges of first defendant team to make motions was that of Nicholas Anzalone. His lawyer questioned the use of the Onondaga County District Attorney's office, when lawyers in Oneida County could have been hired and used as special prosecution.
The prosecution argued that the Attorney General's office took control of the case and they could do whatever they wanted, including appointing special prosecution. They also argued that the Attorney General properly followed the guidelines of the statutes governing such things and followed all proper procedures.
Judge Bauer denied several of the defense's motions, but granted a motion for several other hearings to determine admissibility of key pieces of team came up next and claimed that he was accused of being an accomplice to manslaughter, questioning the theory of prosecution. They also questioned the prosecution's assertion of Fisher's sharing of a culpable mental state, which the defense claimed they had not proven. The defense also requested whose mental state that the prosecution claims Fisher shared during the incident.
The defense also argued that the prosecution had not met their burden of proof, citing the earlier argument given by Tuesday's defendants. 'They effectively want strict liability,' the defense claimed. 'They don't get strict liability.'
The defense also argued that even if medical care had been administered in time, it would not guarantee a different outcome.
The prosecution argued that throughout the video of the attack — while Fisher was still in the room — Fisher watched Brooks get beaten over and over again and did nothing to stop it. Lawyers for the prosecution claimed that all they would need to prove is that Fisher was acting reckless and aided someone who was acting recklessly and more.
Judge Bauer called for several hearings to determine the admissibility of several pieces of Mashaw's team came to the lectern next, and his team made many of the same arguments as the three on Wednesday — that Mashaw had no duty to intervene in the beating. The defense said in their argument that there is a bill in the New York State legislature to make such inaction a crime, however, it has not yet been passed.
Prosecutors argued that the definition the defense provided comes from Family Court Law, and that Mashaw had a duty in his role as a corrections officer to intervene in such matters and provide care to the incarcerated.
Judge Bauer, like in Anzalone's case, called for hearings to determine the admissibility of Walters's legal team cited that in the body-worn camera video, tags that identify the officers involved were added, allegedly by the prosecution. The defense questioned the admissibility of that video, citing it as erroneous and hearsay. One of the tags, according to the defense, was a 'completely false name.'
The defense also cited that at one point during grand jury proceedings, the grand jury came out multiple times asking who was who in the video.
'I think it's telling that the people ignore that in their response,' Walters' lawyer said. He also cited a conversation he alleged had with the prosecution before the case, claiming they said that the court would see the erroneous tags — one of which the defense claimed said 'David Walrath' — as an 'excusable hiccup.'
The defense also claimed that they were never given the original video of the incident, just the tagged video. As the original has allegedly been destroyed, the defense claims that to get it as close to the original as possible, the prosecution would have to further manipulate the video.
The prosecution refuted all of the defense's claims, citing that they had the video and, in fact, had it from the very first day. The defense also found it 'deeply problematic' that Walters' attorney made that complaint when six other defense attorneys had the original video.
'In response to the original body worn camera being destroyed, that also is categorically not true,' the prosecution claimed. Prosecutors cited that there was an affidavit by a video analyst that it was preserved in the same condition it was in and was removed directly from the camera itself.
The prosecution also claimed the 'David Walrath' tagged in the video was clearly an error and should not disqualify the whole video. The defense also refuted the hearsay claim: 'It's not hearsay because it's just matching what the witness identified.' The prosecution acknowledged their error, but reiterated that it should not disqualify the whole video.
Judge Bauer called for admissibility hearings for all of Walters' evidence as well.
One last defendant — Anthony Farina — is scheduled to be in court on Monday, June 9.
Three other defendants — Matthew Galliher, Nicholas Kieffer, and David Kingsley — were in Oneida County Court on Tuesday, June 3, to plead their cases. All three of those cases will be back in court to hold more hearings in July.
The four defendants from Wednesday's hearings are expected back in court in August.
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