‘Rights’ redo
Kin of slay-by-cop victim argue for new trial
a LoNG and bitter legal struggle over the fatal 2011 police shooting of a former Marine in his westchester County apartment reached a threejudge federal appeals panel Thursday.
at a hearing at the old federal courthouse at Foley Square in Manhattan, the lawyer for the family of slain 68-year-old Kenneth Chamberlain Sr. (inset) argued for a new trial.
The appeal comes in the wake of a 2016 federal jury’s rejection of claims that cops violated Chamberlain’s civil rights when they broke down his door, Tasered him, shot him with four beanbag rounds and then killed him with a bullet.
white Plains cops had testified Chamberlain was attacking them with a knife when officer anthony Carelli opened fire in November 2011.
debra Cohen, a lawyer for the stillgrieving family, argued Thursday that trial Judge Cathy Seibel improperly barred the jury from hearing key evidence.
and she asserted Seibel also was wrong in preventing the jury from deciding whether or not the cops — called to the apartment on a report of a disturbance — entered illegally after Chamberlain told them he was fine, and to leave him alone.
In her argument, Cohen said the judge shouldn’t have barred the jury from deciding whether cops used excessive force in shooting Chamberlain with the beanbag rounds, including one shot to the back.
“In the plaintiff’s view, there should be a new trial,” Cohen said. “Each beanbag shot had to be analyzed (separately) for reasonableness.”
The lawyers for cops Carelli, andrew Quinn and Lalit Loomba, meanwhile, told the judges that police acted reasonably as they faced an emotionally disturbed man who was acting increasingly threatening.
“There is more than enough reason in the record to deny the request,” Quinn declared.
The federal judges asked several dozen questions of both sides.
“I did get a sense that they were really going to look at it,” said Kenneth Chamberlain Jr., the victim’s son. “It’s always hard. This has been going on seven years.”