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.