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Chamberlain Camp Takes Case to the Feds; City to Conduct Internal and Independent Review of Police


Lawyers for the family of Kenneth Chamberlain Sr. were surprised by the Westchester County District Attorney’s announcement Thursday to not indict White Plains Police in the 68-year-old’s death.

“It is hard to trust in a system that, I feel, has already failed me,” said Kenneth Chamberlain Jr., in a statement. “No indictment sends a very strong message to the people of Westchester County regarding police misconduct, criminality and brutality.”

During a press conference in front of the Westchester County Courthouse Thursday (click on the video to watch the entire press conference), Randolph McLaughlin, a Pace University professor and attorney with the Newman Ferrara law firm, said they were told the grand jury hearing process wouldn’t conclude until the end of the month.

Click here for a story on the district attorney’s press conference on the announcement.

Nov. 19: The Fatal Shooting of Kenneth Chamberlain Sr.

On Nov. 19, White Plains Police responded to Chamberlain’s apartment at 135 S. Lexington Ave. after his medical alert device went off. Police said they were familiar with Chamberlain, a former Marine who was emotionally disturbed and threatened to kill himself.

According to police, Chamberlain—a whose autopsy shows that he was legally drunk at the time—attacked police with a hatchet and a knife, causing police to shoot him with a Taser, then twice with a bean bag gun, and finally with fatal bullets.



The Chamberlain family’s lawyers said the device was accidently set off, and that the medical device company called police to cancel the alert—however police harassed Chamberlain who said he was fine, for more than an hour taunting and calling him the n-word at least twice, while trying to get him to open the door. The lawyers said Chamberlain had his hands by his side and was standing in his boxers in an unthreatening manner when police knocked the door down.

“This is absolutely like Trayvvon Martin,” said McLaughlin. “In Trayvvon Martin’s case that Zimmerman followed him around and made Mr. Martin apprehensive for his own safety. I would say, if anyone of you had police at 5 a.m. cursing at you, yelling at you, banging on your door—you would be apprehensive, as well as to what they would do.”

Chamberlain attorney Mayo Bartlett, former chair of the Westchester Human Rights Commissioner and chief of the bias crime unit for the Westchester County District Attorney, said that police violated their own protocols by using a Taser on elderly person with medical issues and by forcing their way into Chamberlain’s apartment.

“I would suggest that the fact that they violated their own rules and procedures is exactly what triggered this confrontation and that’s what lead to Mr. Chamberlain’s death,” said Bartlett. “It’s my belief at a minimum there be a consideration of criminal negligent homicide, but we don’t know what charges were considered, we don’t know if multiple charges were considered and we don’t know who the target of the investigations were.”

Chamberlain Case Goes to the Feds

Chamberlain lawyer Randolph McLaughlin said the family is proceeding with filing for a full investigation and criminal investigation by the U.S. District Attorney and U.S. Attorney General, and a federal civil rights wrongful death suit against the City of White Plains.

“We believe there is a pattern and practice at least in a unit here in White Plains that needs federal oversight,” said McLaughlin. "So, we’re asking for the us attorney and Mr. Holder to conduct a full investigation of this city’s police force, because we think there’s a pattern of brutality and discriminatory treatment of people with color.”

Three officers who were on-site during the Chamberlain shooting, including Officer Anthony Carelli who fatally shot Chamberlain, were all involved in lawsuits alleging police brutality, that also touch on race.

A White Plains federal jury recently decided in favor of one of those officers, Sgt. Stephen Fottrell, rejecting the claims of a Brooklyn woman who said the officer abused her outside a White Plains bar in 2006.

“This is a systematic problem with the White Plains Police Department, while we know this is the case that does not reflect what happens with respect to each and every officer in White Plains,” said Bartlett.

Bartlett said that he was troubled that the City tried to hide the lawsuits—while McLaughlin said Officer Steven Hart, who said “We have to talk nigger” to Chamberlain, should no longer be allowed to police in the black community.

The City, White Plains Police and PBA Respond

While the White Plains Police Benevolent Association “mourn the tragic death” of Chamberlain, citing in a statement that “Every police officer’s worst nightmare is to be forced to take a life,”—they called Carelli’s actions justified and necessary to save the life of Sgt. Keith Martin.

“We would call upon the District Attorney to re-evaluate the decision to allow the Chamberlain family attorney’s access to evidence after those attorneys, in our opinion, repeatedly demonstrated an utter disregard for the truth and recklessly inflamed this tragic incident,” said WPPBA President Rob Riley, in the statement.

Riley called the lawyers’ actions “intentional, irresponsible and unethical” saying they put the lives of the officers and community at risk.

“I think it’s sad that the PBA does a disservice to all the good officers by shielding the bad ones,” said Bartlett. “You’re actually making it more difficult for al the good officers to continue doing their job.”

White Plains Public Safety Commissioner David Chong said in a statement that he was “confident “ that the grand jury was “presented with a factual and complete investigation by the District Attorney.”

The police department will proceed with an internal review of the incident, and will make police investigative materials, including video and audio recordings, available to the media.

“As a Department, we strive for continuous improvement,” said Chong.

White Plains Mayor Tom Roach issued his own statement Thursday announcing that he will ask the White Plains Common Council to approve funding for a panel of experts to review the department’s policies and procedures, as well as a report recommending improvements and best practices.

Westchester County District Attorney Janet DiFiore said she would be monitoring the City's investigations.

“While the work of the DA and Grand Jury has concluded, our work as a City and a community is far from over,” said Roach. “A timely, professional, comprehensive and independent review of the policies and procedures of our Public Safety Department is essential.

Dr. Maria R. Haberfeld, Professor and Chair of the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice would chair the panel.

“White Plains is a great city but more importantly, a great community,” said Roach. “Working together, we will move forward and bring positive change from this tragedy.”

Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal hearings into the police problem in America. Demand mandatory body cameras for cops, one strike rule on abuse, and a permanent DOJ office on Police Misconduct.