Attorney says he’s ‘never been more scared at a trial’ as Marcy officers charged with murder face jury

UTICA, N.Y. (WSYR-TV) — The defense attorney representing one of three prison guards on trial for murder told potential jurors that he’s “never been more scared at a trial.”

Kevin Luibrand, who represents former correction officer Mathew Galliher, made the comment aloud in court on Monday, Oct. 6 as he was questioning potential jurors.

Luibrand’s statement was a reference to the high-profile nature of the Marcy Prison Trial, including the publicly-released video that shows the beating death of inmate Robert Brooks.

“We’re in the eighth inning, down three runs,” added Luibrand.

Jurors, while able to be well-informed citizens, are expected to disregard any prior knowledge of a case they may have learned from hearsay, social media or news reports. Part of the jury selection process, including at Monday’s proceedings, allows the prosecutors and defense attorneys to inquire about a potential juror’s impartiality and dismiss them over bias.

At the end of the process, 13 jurors were seated. That’s enough for the primary panel of 12, but more alternate jurors will be selected on Tuesday morning.

David Kingsley, Mathew Galliher, and Nicholas Kieffer, each with their own attorneys, will face off against Onondaga County District Attorney Bill Fitzpatrick, assigned as the special prosecutor.

Kingsley, Galliher, and Kieffer have each been charged with murder for their alleged role in the beating death of inmate Robert Brooks at the Marcy Correctional Facility.

Powered by News Channel 9.