Marcy, NY -- A defense lawyer’s last-ditch efforts Monday to spare a guard from prison for beating an inmate at a Central New York state prison fell flat.

Defense lawyer David Longeretta argued that the beaten inmate wasn’t actually vulnerable because he wasn’t physically restrained at the time.

“Wow,” U.S. District Judge Brenda Sannes responded.

She noted that the inmate was awoken at 1 a.m., ordered to stand against a wall and beaten by three correctional officers.

Sannes sentenced fired corrections officer Rohail Khan to two years in prison for his role in the premeditated beating of inmate James Barton on April 23, 2023 at the Mid-State Correctional Facility in Marcy.

Supervising corrections officer Brandon Montanari was previously sentenced in August to three years in prison, w

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