“It’s becoming a
disturbingly familiar scene in America - mentally unstable cops”
There were at least three
White Plains officers working the night Kenneth Chamberlain Sr. was killed who
have pending lawsuits involving allegations of police brutality that also touch
on race.
“It doesn’t take a rocket
scientist to see there’s a pattern,” said Chamberlain family lawyer Randolph
McLaughlin, a Pace University professor and attorney with the Newman Ferrara
law firm.
Chamberlain, a 68-year-old
retired Marine, was shot and killed on Nov. 19 by White Plains Officer Anthony
Carelli in his apartment at 135 S. Lexington Ave. after police broke down Chamberlain’s
door to respond to his medical alert device.
White Plains
Commissioner David Chong said police often visited Chamberlain,
whose autopsy revealed that he was legally drunk at the time, and that
Chamberlain threatened to kill himself and attacked officers with a hatchet and
knife before police shot him.
Chamberlain supporters say
the original medical alert was canceled and that Chamberlain repeatedly told
police that he didn’t need help, and that police forced their way in and shot
him, a heart patient who was unarmed and in his boxer shorts.
A grand jury is currently
hearing testimony over whether criminal charges should be brought against the
White Plains Department of Public Safety. McLaughlin said expects the grand
jury to have a decision some time this month. According to The Daily News,
Carelli is one of six White Plains officers accused of using excessive force in
a $10 million civil lawsuit brought by twin brothers of Jordanian decent who
claim Carelli referred to them as “rag heads” while police beat them outside
Black Bear Saloon in 2008. One of the brothers said he was handcuffed to a pole
while Carelli allegedly beat him with
a baton causing head and eye injuries, the newspaper said.
However, The Daily News
reports that Carelli said in a deposition that one of the brothers was hitting
his own head against a partition in the police car, and he had no visible head
injuries. Carelli said he had to pin the brother to the ground, with the help
of other officers, after he became belligerent and tried to escape the
officers.
McLaughlin said that
transcripts from the Westchester County District Attorney’s Office of audio
recordings of the night Chamberlain was killed, reveal Officer Steven Hart as
the officer who said to Chamberlain, “Stop, we have to talk nigger” before
police broke down his door.
USA Today
reports that Hart is currently facing a federal civil rights suit
for allegedly unlawfully arresting a man, breaking his nose, and slamming him
on the ground causing injury to the man’s arm. Edgar Maraud, who is Hispanic
and lives in Port Chester, told USA
Today that he felt the attack was racially motivated.
Sgt. Stephen Fottrell—who was
also on duty the Chamberlain was shot, according to McLaughlin—is being sued
for allegedly falsely arresting African-American Brooklyn resident Maria
Livingston, and using excessive force via a stun gun, according to LoHud.com, because of the “color of her
skin.” Fottrell said in court that he arrested Livingston, who was ejected from
a bar after starting a fight, because she assaulted him several times.
“This is a pattern out of
practice, “ said McLaughlin. “This was [Chamberlain’s death] was not a random
occurrence. All of the people involved [Chamberlain and the plaintiffs] are all
people of color. This is really troubling.”
McLaughlin said the lawsuits
and allegations against city police are the reason why the police department has
failed to divulge the names of the officers involved or whether they have a
policies regarding the use of racial slurs or discriminatory language. The
Chamberlain family’s lawyers have submitted Freedom of Information requests for
police procedures regarding the use of force, use of deadly force and other
policies.
“There’s been a shroud of
silence from the City and police department on this case,” said McLaughlin.
Chong said in
a statement that the department is fully cooperating with the
district attorney's office.
While McLaughlin has said
that the District Attorney’s Office has been forthcoming with information on
the case—the DA’s office only allowed the Chamberlain family and lawyers to
listen and watch audio and video footage from the incident as a courtesy, but
have not publicly released the footage.
“Nothing has been released by
anyone, which is also very odd,” said McLaughlin. “In New York City they
routinely release 911 tapes. They did in the Trayvvon Martin case. Why is this
so different? Why is there such a lack of transparency here?”