Randolph McLaughlin, one of the Kenneth Chamberlain, Jr. Attorneys, at the microphones,conducting a news conference outside the Charles L. Brient Federal Court House in White Plains, announcing the Chamberlain civil lawsuit will go to trial November 7. To Mr. McLaughlin’s right is Kenneth Chamberlain, Jr., to Mr. Chamberlain’s left is Deborah Cohen, the attorney who presented Mr. Chamberlain’s case for a trial. (Photo by Peter Katz
WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR from Peter Katz. September 12, 2016 UPDATED 11:26 PM E.S.T. UPDATED WITH PHOTOGRAPHS, September 14:
United States District Judge Cathy Seibel ruled Monday evening shortly after 5 PM that the $21 Million civil suit filed by the Kenneth Chamberlain family in the fatal shooting of 68-year old former Marine Kenneth Chamberlain, Sr. by the White Plains police, will proceed to trial in November, beginning November 7 with jury selection
In a news conference in front of the Charles L. Brient Federal Courthouse, Randolph McLaughlin one of the Chamberlain legal team said Judge Siebel–
“has ordered the city of White Plains to stand trial for the killing of Kenneth Chamberlain, Sr. The Judge has denied the shooter, Anthony Carelli, who is a defendant his motion for summary judgment. She said there is sufficient evidence for this case against Mr. Carelli to go forward and let a jury determine what happened across the street at 135 South Lexington . She has also concluded that The City of White Plains must also stand trial under state tort law because they hired an individual who, there’s sufficient evidence to go forward arguably committed an assault and battery against Mr. Chamberlain.”
Kenneth Chamberlain, Jr., son of Kenneth Chamberlain, ( above)choked up, almost unable to speak said,
“It’s kind of hard to really put into words. We’re finally — getting our day in court. I’m pleased with the decision the judge made to say that is sufficient evidence The evidence we found out is very disturbing. How could you have police officers like that working in this city?
“So with that being said,this goes back to May of 2012 when there was a failure to indict. This proves there was no full and fair investigation on the part of the Westchester County District Attorney. I’m asking the Department of Justice again to come to the City of White Plains and investigate the police of this city…There’s something wrong in there and it has to do with leadership.To What say you now now that the judge has said there is enough evidence to go forward. Will you now admit wrongdoing or stand by this lie you’ve been telling the entire time. There will be justice for Kenneth Chamberlain,Sr.” (Photo by Peter Katz)
McLaughlin said the claims against Mr. Carelli are under the Federal constitution for violation of constitutional rights, under the fourth amendment that he used excessive force and state law claims as well for assault and battery revolving around the use of the firearm. The charges he said against the City of White Plains, under state law, an employer is responsible for the torts committed by their employee.
Deborah Cohen, the attorney who argued the case before Judge Seibel, said
“We are going to put before the jury, evidence that Mr. Chamberlain was on the ground, after being brought down by the force of four shots from a bean bag shotgun that the city’s own information says is equal to the force of a punch from Mike Tyson or a fastball of a pitcher in the major leagues.
“And that this man, who had serious health problems, which the jury will hear about, could not possibly have bounced up like some sort of low-flying superhero after being felled to the ground, to continue to be a threat to anyone in that room.”
Another attorney, Mr. Bartlet noted that, “It’s crystal clear that one of the things that has to change is the way the police unions are able to operate…They’re the only people who don’t have to give a statement with respect to their conduct and can maintain their employment. They should certainly have fifth amendment rights They should not have to incriminate themselves…
“What we’re dealing here right now is multiple police officers who had an opportunity to confer with one another, to defer their statements and come up with a common statement. That undermines trust in police across the board it puts their fellow officers at risk it makes us question their fellow officers’ behavior and the execution of their jobs as well.
There is no other union, no other employment in the world where you have that right. Not one of us here could engage in conduct where we are mistreating individuals and not have to give an explanation as to how that occurred and have expectation that our job would be waiting for us.”
Supporters of Mr. Chamberlain’s civil lawsuit observed, offering resolve in a respectful manner. Photo by Peter Katz
Mr. McLoughlin said “We think frankly given the current climate of police misconduct, police involved shootings all across the country, we think it would be in city’s best interests to at long last put this case behind us. But that’s in their hands. We have at all times been reasonable and willing to have a conversation. They haven’t been willing. But that’s O.K. with us, we feel very strongly, a jury of Mr. Chamberlain’s peers will come to the same conclusion as us: This was an unjustified shooting.”
“We think that it’s quite clear: Black Lives matter. Black lives matter. If Mr. Chamberlain, Sr. had not been African American, not been suffering from a mental issue, had not been living in a housing project which is perceived as a dangerous place by some, that he’d be alive today. I doubt very seriously any police department would have broken into his house, took his door down if he lived in Scarsdale and was a doctor. So it’s class, race, and mental issues. So yes, it’s a national issue.”
He promised to be very “fight aggressively in the jury selection. If there is any effort by any lawyer here to exclude African Americans from this jury we will have them answer for that.”
McLoughlin also said that the U.S. Attorney Preet Bharara was investigating the case. He said the matter is under investigation by Mr. Bharara’s office.
In the news conference, Mr. Chamberlain, Jr., said that he was never called by police to intervene with his father and possibly have an oportunity to defuse the situation.
Five years ago, the White Plains police responded to the accidental activation of Mr. Chamberlain’s medical alert device in the early morning hours of November 19, 2011.
Mr. Chamberlain refused the police entry into his apartment, repeatedly telling them he was fine and did not require assistance. A little over one hour later, the police broke down Mr. Chamberlain’s door and fired at him with a Taser and a less lethal or “bean bag” shotgun. Police Officer Anthony Carelli then fired his service weapon and fatally wounded Mr. Chamberlain.
Following almost two years of discovery, the City of White Plains and Officer Carelli filed motions for summary judgment seeking dismissal of the case.
Attorneys for Mr. Chamberlain opposed the motion and pointed to evidence that Mr. Chamberlain, who was in very poor health, was shot and killed as he lay on the ground after being knocked down by four powerful blasts from the bean bag shotgun.
Judge Seibel threw out some allegations and allowed others to proceed to trial in November, Peter Katz, covering for WPCNR, reported.
Seibel said there was enough evidence to proceed to trial and exonerated all White Plains police officers involved in the shooting incident except the police officer who shot Mr.Chamberlain,Sr., Officer Anthony Carelli and The City of White Plains.
