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prisons
Family of Robert Brooks Says Killing by Prison Guards Must Be 'Catalyst for Change'
"We are demanding that every single person, every single thug, that had anything to do with the death of Robert Brooks be fired and arrested," said one advocate.
Dec 31, 2024
As family members and supporters held a vigil at Monroe County Jail in Rochester, New York, on Monday night, inmates in the prison cells above them flashed their lights on and off in solidarity with Robert Brooks, who suffered an apparently fatal beating at a facility more than 100 miles away earlier this month.
Body camera footage of Brooks being savagely beaten by 14 correctional officers and prison staffers at Marcy Correctional Facility was made public on Friday by New York Attorney General Letitia James.
The video, which was taken on December 9 from body cameras worn by four of the staffers, showed officers choking Brooks, one person kicking him and forcing him onto an exam table, one punching his upper body, and two officers dragging his limp body over across the room and trying to hoist him up against a window.
Brooks, who was 43, was pronounced dead the following day at a hospital. An autopsy report has not yet been released. A preliminary report from the medical examiner's office showed "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."
At the rally on Monday, his son, Robert Brooks Jr., said Brooks "had a loving, generous heart and a special concern for young people" and said the family's "deepest wishes are that my father's death will not be in vain."
"His killing must be a catalyst for change," he said.
Brooks' father also spoke at the vigil, decrying the actions of both the people who beat his son and of a nurse at the facility who, according to the video, stood by and watched while the beating took place.
"When you have taken the law officers' oath of honor, the Hippocratic oath, or the Florence Nightingale Pledge for nurses, but you participate or sit idly by smiling and chatting as if this was just another day at the office, while a man is being beaten to death, that's evil," he said. "Between 2016 and 2019, approximately 15,679 fathers, daughters, mothers, and sons died in state prisons. They say 47% died from illnesses—I don't believe it. After watching that video, there is nothing they can tell me that I will believe."
Brooks was more than halfway through serving a 12-year sentence for assault, which he had been serving at nearby Mohawk Correctional Facility. He was moved to Marcy on the day of the attack, The New York Timesreported.
The Correctional Association of New York, the state's independent prison watchdog, completed a report on Marcy in 2022, finding that 70% of inmates reported racial bias among staff members. Brooks was Black and the officers in the video—like 91% of the prison's staff members, according to the 2022 report—were white.
Four out of five inmates reported having experienced or witness abuse my correctional officers or other staffers, with one saying physical abuse was "rampant" and reporting that an officer had told him Marcy was "a hands-on facility."
The Timesreported on Saturday that at least three of the guards implicated in Brooks' beating had previously been named in federal lawsuits filed by inmates who they attacked; one plaintiff was left using a wheelchair after the beating and another was disfigured.
Elizabeth Mazur, an attorney who is representing Brooks' family, told Rochester-based CBS affiliate that the reports about the officers raise "questions about you know whether there's a real cultural problem that's been allowed to fester at Marcy or sort of within the prison system in general."
"The way that Mr. Brooks was killed is just horrifying," she said. "It's terrible enough to lose a loved one, especially an incarcerated loved one when the family knows that they weren't with them during their final moments, but I think it's especially hard to know that you've lost a loved one this way—to this kind of senseless act of violence."
The family is planning to file a civil lawsuit in the future, Mazur said.
Rallies were also held to demand justice for Brooks in New York City, with supporters gathering outside Gov. Kathy Hochul's office.
"We are not going to sit down and just pray, and just hope," said Rev. Kevin McCall, a community activist. "We are demanding that every single person, every single thug, that had anything to do with the death of Robert Brooks be fired and arrested."
The New York State Department of Corrections and Community Supervision said Monday that 13 people involved in the attack have been suspended without pay, while one person has resigned.
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How Trump 2.0 Is Like My Recurring Prison Nightmare
Like dreaming of being back in prison, we know what we will be getting: an arrogant, narcissistic head of state who bungles incompetently through a presidency while making people comfortable with their prejudices.
Dec 09, 2024
“A country gets the leadership it deserves.”
That was my sentiment back in 2016 when Donald Trump defeated Hillary Clinton for the presidency of the United States. That rather morose and quite cynical sentiment came as I watched election results from the federal prison in Denver, where I had been since mid-2015 after being unjustly convicted of violating the Espionage Act as a CIA case officer. Prison tends to taint one’s perspective of the outside world. In 2016, I couldn’t help being cynical about an election I could not participate in. With Donald Trump again being president-elect after another contentious election season, I have that sentiment again, but in a more experienced and reasonable perspective.
Back then, I was rather dismayed by the campaigns of both Trump and Clinton. With Trump, I saw a mirror image of the prison where I was watching from, racial divisions stoked by unaccountable authority figures. With Clinton, I saw the status quo and the painful reminder that the criminal justice system that I was subjected to is not the same one for those in political power. It was disheartening to see her freely run for president without being called into account for proven actions similar to what I was falsely accused of (i.e. alleged unauthorized removal and retention of classified documents or materials, etc.). That these were the only two candidates the nation could come up with as choices for its leadership was tragically comical. I almost felt fortunate that I couldn’t vote for either one… almost. The right and duty to vote was something I never took lightly, and being prevented from doing so, particularly under the circumstances that led to it, hurt me dearly.
So, yes, when Trump won, I felt the country deserved him as its president. I wasn’t a part of the country then, so it was easy for me to be ambivalent. Nevertheless, I didn’t feel good about it. In fact, I felt downright depressed and depression in prison is a wholly different and tragic animal. But, then again, I knew it didn’t matter who the president was or would be… I was in prison! No president has done anything to improve prison conditions. I certainly wasn’t expecting Trump, an ostensible “law and order candidate,” to do anything that would be in my or my fellow inmates’ interest.
Trump’s reelection is deserving only in the sense that it wakes us up to the reality that to have the leadership we deserve, we have to continually work for it and never cease expecting accountable and responsive government.
The next day, I couldn’t help but notice that the sun came up once again and I can recall it was a beautiful day, even viewing it from behind bars. Trump was going to be president, but the world did not end. Like every new day, I went into that new one continuing to hold on to the hope that in a few short years, I would rejoin my dear wife and be free. I went to prison knowing I would have to persevere through tough times. But, I knew I would endure because, through support and determination, I could not and would not allow prison to define me. I had work to do to fight against challenging times, and I did so because I deserved better than what American criminal justice offered me.
I was eventually released from prison in 2018. I emerged to freedom amid a Trump presidency that gave me the haunting feeling I had moved from one prison to another. His presidency was marked by the same encouraged racial discord and divisiveness as well as the lack of accountability to power that I experienced for two and a half years in prison. I couldn’t help but feel I was back to the Black-white TV room separation state of affairs that was my reality for so long.
One of the more distressing realities of prison life was the tacit acceptance of a toxic environment and broken system as being “normal.” There was nothing normal about abusive and unaccountable authority, a populace encouraged to embrace and practice its biases, and an environment of hate. I realized that, after a while, a horrible experience tends to skew one’s view of what is “normal.” The prison mindset teaches that the only solution to a terrible situation is to just fall in line and do as you’re told, even if it is wrong. That was a lesson I was slow, if not outright refused, to learn as evidenced by a stint in solitary confinement for refusing to be demeaned by an unruly prison guard. I saw nothing “normal” about being treated as less than human and chose to stand up against it, a constant for me in and out of prison. The first Trump presidency was, for comparison’s sake, that same sort of prison “normal” that we were all forced to just deal with in the best ways we could.
If the first stint in prison didn’t defeat me, I felt I had a good chance against the one I emerged into. However, as much as I did fight against it, the taint of prison is in many ways eternal. One of the most profound nightmares I have suffered through since being released was finding myself back in prison. And, a return to prison was always worse the second time around. Even though in dreams, the prison walls felt closer, the chains were tighter, and the feelings of not being in control of my own life and being in a perpetual state of persecution felt accentuated and much more desperate than what I had experienced before. I always awaken from such dreams in a cold sweat and trembling. For me, much like those recurring nightmares, a second Trump presidency is the embodiment of that oneiric return to prison that still shakes me to this day.
The more things change, the more they stay the same. On the day after this current election, even though I am not surrounded by razor wire or armed guards, there was a haunting familiarity to what I awoke to back in 2016. The same disgust I felt in 2016 has come to the fore. Instead of seeing Clinton run for president and wondering why the same criminal justice system that put me in prison didn’t treat her the same way, I now see Trump as a president-elect and similarly wonder the same thing. It is painfully ironic that Trump has been accused of similar violations as Clinton, mainly the unauthorized removal and retention of classified documents or materials specifically related to Iran, a country I specialized in while at the CIA. Allegations aside, Trump clearly violated the Espionage Act and existentially violated the laws of and endangered this country, yet he won’t see a day behind bars let alone a trial. He had a judge in his pocket to ensure the indictment was dismissed; now he will have the power of the presidency to simply make the matter go away. Such is the law and order hypocrisy of Trump and his supporters.
The weeks ending this year have been a strain for me as it feels eerily similar to those last few days of freedom I had before being forced to report to prison. It will be difficult to view Inauguration Day 2025 as anything other than a return to a familiar nightmare. That I was being pathetically quixotic about prison not being that bad was borne out in hindsight—that experience was every horror I knew it was going to be. Similarly, Trump 2.0 will have no surprises other than the very real possibility of being worse than Trump 1.0. Like dreaming of being back in prison, we know what we will be getting: an arrogant, narcissistic head of state who bungles incompetently through a presidency making people comfortable with their prejudices and continuing to spew divisive, rambling rhetoric as if he’s perpetually campaigning for office. Not having to worry about reelection down the road, there will be nothing to hold Trump back from being himself to the nth degree.
But, will this be what we as a nation deserve? Unlike my mindset in 2016, my answer to myself and us is an emphatic, “No!” This country, my country, deserves better than the prisons we have created. Trump’s reelection is deserving only in the sense that it wakes us up to the reality that to have the leadership we deserve, we have to continually work for it and never cease expecting accountable and responsive government. We deserve better than the Trump “normal” that will be revisited upon us. Even the most troubling of times can present opportunities to better oneself. Without any semblance of my previous cynicism, Trump 2.0 will provide an atmosphere of opportunity to challenge unhinged authority, confront and defeat hatred, as well as find and nurture leaders who truly work in the best interests of us all.
That’s the thing about nightmares, they are over when you wake up. My prison nightmares always end the same way, I awaken to find that I am not in prison. We know what this upcoming nightmare will be like. Whether it’s worse will depend on us and what we feel we deserve.
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Did Donald Trump Really Do More for Criminal Justice Reform Than Joe Biden?
Biden’s record has so far not measured up to even the low bar that Trump set while in office. The good news for Biden is that he still has five months to make good on some of his promises.
Sep 12, 2024
With the nation’s attention now riveted on U.S. Vice President Kamala Harris vs. former President Donald Trump, it might surprise some people to learn that Joe Biden is still the president of the United States until January 20, 2025. And, while he has arguably accomplished a lot already, he still has a lot of power and time to accomplish a lot more before his one term in the Oval Office comes to an end. We need him to focus on criminal justice reform and the promises he made when he was a candidate running for president in 2019.
When we look back on the past eight years, it is hard not to be struck by the glaring fact that, in his one term as president, Donald Trump’s passage of the First Step Act so far is outshining anything President Biden has done in his four years in office for criminal justice reform at the federal level.
This isn’t to say Trump’s record on reform is stellar. In fact, it leaves much to be desired. But Biden’s record has so far not measured up to even the low bar that Trump set while in office. The good news for Biden is that he still has five months to make good on some of his promises.
We want you to finish strong! If you want your legacy on criminal justice reform to surpass and be far better than your predecessor, you have some work to do before January 20, 2025.
When Trump passed the First Step Act, our organization, JustLeadershipUSA (JLUSA), was one of the few justice organizations that opposed the legislation for a variety of reasons, but primarily because we knew that the risk assessment tool would have adverse effects, particularly on many Black and brown people—which is exactly what we have seen happen over the past six years, and was magnified during the Covid-19 pandemic.
But the fact remains that more than 33,500 people have been released from prison so far due to the implementation of the First Step Act. This, combined with Trump’s 237 pardons and commutations, currently overshadows Biden’s meager 25 pardons and 132 commutations. Even when you consider Biden’s over 6,500 federal marijuana pardons, his record still pales in comparison with the tens of thousands who have been set free by Trump’s First Step.
Freedom and liberty is one thing. Life and the pursuit of happiness are another. Because without a life to go home to, where a person’s basic human needs are met, freedom isn’t worth much—and it sometimes doesn’t last for very long.
Despite the creation of freedom for some through the First Step Act, overall, Trump’s economic and domestic policies have been a disaster for formerly incarcerated and justice-impacted individuals and harmful to our communities. They may have their freedom, but many did not have housing to go back to, let alone jobs, healthcare, and the resources needed to provide for their bare necessities.
In less than four years, however, President Biden’s legislative accomplishments have been significant. From the American Rescue Plan to the Bipartisan Infrastructure Bill to the Bipartisan Safer Communities Act, the CHIPs and Science Act, the PACT Act, the Inflation Reduction Act, and most recently the signing into law of the Federal Prison Oversight Act—Biden’s policies have unquestionably been far better for the everyday life and well-being of returning citizens and directly impacted people in this country.
While the George Floyd Justice in Policing Act has stalled in Congress, President Biden did sign an executive order “to promote safe and accountable policing, ban chokeholds, restrict no-knock entries by police, create a national police accountability database, and prohibit the transfer of military equipment to local police departments.”
But as a candidate, Biden promised to lower the national incarceration rate by “more than half.” Instead, the prison population has actually gone up—after years of decline, including under Trump.
With five months left to serve, President Biden now has an unprecedented opportunity to make good on some of his promises and add to his legacy as one of the most important and consequential presidents in U.S. history. The 70+ million Americans who have direct experience of the criminal legal system in this country will be watching and waiting, hoping for Biden to come through on a laundry list of demands, many of which he can do with the stroke of a pen.
Here’s what we’re calling on President Biden to do: Deschedule and decriminalize marijuana, instead of just rescheduling it. Abolish the federal death penalty. Eliminate all federal student loans. Direct federal agencies to use person-first language. Sign all of the 20,000+ clemency petitions sitting on his desk right now.
Finally, and these steps would certainly be more difficult but still worth doing: Fight for the George Floyd Justice in Policing Act. Fight for the John Lewis Voting Rights Advancement Act to protect democracy and the right to vote for all Americans. And do everything left in his power, with the time he has left in the Oval Office, to repeal and reverse the impact of the 1994 Crime Bill in order to heal the harms that have been caused by this legislation that he championed as a senator. It’s not too late to try and undo some of what has been done by his previous actions.
Mr. President, we are grateful for your 52 years of public service and for the leadership you have demonstrated in leading this nation over the past four years. We want you to finish strong! If you want your legacy on criminal justice reform to surpass and be far better than your predecessor, you have some work to do before January 20, 2025. This is what we, as citizens, need you to accomplish before you pass the torch to the next administration. May God grant you the courage and strength to do what needs to be done!
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