By Finn Lincoln
syracuse.com
UTICA, N.Y. – A former corrections officer testified Friday against three of his co-workers who are facing murder charges in the fatal beatings of an inmate last year.
Robert Kessler, who is headed to prison for his role in the beatings after taking a plea deal, described in detail how guards pepper sprayed and several times beat and punched Robert Brooks in prison until he wasn’t moving. Brooks was taken to a Utica hospital where he died later that night.
Kessler also testified about the attempted cover-up, describing how he was ordered to keep rewriting his report on what happened. He said the earlier versions were shredded.
Three officers - Mathew Galliher, Nicholas Kieffer and David Kingsley - are on trial in the Utica courtroom for the death of Brooks who was beaten by correctional officers in December at Marcy Correctional Facility in Oneida County.
The three each face charges of second-degree murder and first-degree manslaughter. Galliher and Kieffer also face other charges. The officers face a maximum penalty of 25 years to life in prison if the jury finds them guilty.
Another guard is set to stand trial alone in January and six others indicted in the case have all pleaded guilty. Many of them were mentioned in Kessler’s testimony.
Kessler and two other prison employees facing charges have agreed to be cooperating witnesses. One of them, Sgt. Glenn Trombley, is expected to testify next week.
On Friday, Kessler for several hours described in detail what happened the night Brooks was brutally beaten.
Kessler’s normal role that day was checking inmates in and out of the facility. Brooks had been transferred to Marcy from nearby Mid-State Correctional Facility.
Kessler testified that Kingsley had been involved in one of the beatings. He said Kieffer had pepper-sprayed Brooks and beat him as well. He said that Galliher was present for part of the beatings.
Kessler told the courtroom another guard, Christopher Walrath, was the first officer to initiate violence against Brooks. He said that while he was checking Brooks in, Walrath rushed past him and put Brooks in an aggressive headlock, even getting blood on the wall.
Walrath has pleaded guilty to first-degree manslaughter and was sentenced to 15 years in prison.
Kessler said he, Walrath, Kieffer and another guard, Nicholas Anzalone, “collapsed in on” Brooks, all beating him for five to seven seconds.
Anzalone has pleaded guilty to first-degree manslaughter and has been promised 22 years in prison.
Kessler said he joined in on hitting Brooks partly out frustration but also because he thought Walrath had acted on a potential threat from Brooks. Walrath had to be pulled off Brooks, Kessler said.
Kessler said Kieffer told a guard who was dropping Brooks off from Mid-State to “get out of here, you didn’t see anything.”
Following the initial beating, Kessler said he and Anzalone guided Brooks to another part of the facility. Kieffer, who was walking behind them, abruptly told them to stop and put Brooks on the ground.
Kessler said Kieffer then pepper sprayed Brooks in the face for no reason.
Brooks had never become violent or threatening and never fought back, Kessler said.
Kessler testified that Kieffer called in an alert for backup, saying Brooks had become resistant. Four officers responded, including Trombley.
Brooks was escorted to the medical wing, Kessler said. He said he punched Brooks twice on the way.
Three guards picked Brooks up in the air and carried him by his arms and legs to the infirmary, Kessler said.
In the infirmary, Brooks was assaulted by Anzalone, Kingsley and another guard, Anthony Farina, Kessler said.
Farina has pleaded guilty to first-degree manslaughter and been promised 22 years in prison.
Kessler said the group continued to hit Brooks and put their hands around his neck.
Brooks eventually became limp and was not fighting back, Kessler said.
The beating in the infirmary was captured on some of the officers’ body-camera videos. They did not know the cameras were recording.
Guards called an ambulance for Brooks and he was sent to the hospital, Kessler said. Brooks died later after arriving at the hospital.
Kessler also testified about what guards did after Brooks left.
He said that night he, Kieffer and Anzalone colluded to write reports together that made the incident look much less severe than it was, even leaving out some of the beatings.
Kessler said this was done at the instruction of Trombley.
Kessler said Trombley forced him to write multiple “drafts” of his use of force report before one was accepted. The others were shredded, he said.
Kessler’s testimony for the prosecution was followed by a grueling, three-hour cross-examination by the three defense lawyers who tried to blame the worst of the beatings on the guards not on trial.
David Longeretta , who is representing Kieffer, had Kessler explain that Brooks had at some points resisted. Kessler said, however, that Brooks never posed a threat or acted so violently to incur such a reaction from the guards.
Longeretta also worked to paint Walrath, Anzalone and Farina as the primary perpetrators of the beatings rather than his client.
Kevin Luibrand , who is representing Galliher, questions led Kessler to say that Walrath, Farina and Anzalone had all “lost it” at some point that night.
Kessler, who admitted to punching Brooks, said in court that he took a plea deal, pleading guilty second-degree assault. He’s been promised five to seven years in prison.
The trial is set to resume next Tuesday.
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