*Update* & Article Summary:
Killed at Home: Legal Battle Reopened over 2011 Police Shooting of Elderly Black Ex-Marine in NY: Killed at Home: Legal Battle Reopened over 2011 Police Shooting of Elderly Black Ex-Marine in NY | Democracy Now!
Hosts: Amy Goodman and Juan González.
Guests: Kenneth Chamberlain Jr - the son of the man shot dead by White Plains police
Mayo bartlett - attorney for the Kenneth Chamberlain family
Amy Goodman: "We look at a major development in the case of Kenneth Chamberlain Sr., a Black man killed in his own apartment in White Plains, New York, during a police confrontation in 2011, after he accidentally triggered his medical alert pendant. On June 1 2020, the 2nd Circuit of Appeals ruled a federal judge was wrong to dismiss parts of a lawsuit against the police for excessive use of force." The court overturned the November 2016 decision that had thrown out the lawsuit Kenneth Chamberlain Jr filed in July 2012.
“My family and I are extremely overjoyed that the original ruling was vacated,” said
Kenneth Chamberlain Jr. “I think that people are now coming together, and they’re saying that extrajudicial killings and summary executions of unarmed Black men, women and children is no longer going to be tolerated...and we look forward to our day in court. And hopefully, this time around, we will get a fair trial."
"Most people would be able to agree that when you’re at home sleeping and you haven’t committed any crime, that you wouldn’t expect that the police are going to break your door down and kill you — in particular if they’re responding for a medical call where you think that they’re there to help you,” said the family attorney,
Mayo Bartlett.
JUAN GONZÁLEZ: And, Mayo Bartlett, I wanted to ask you - what is qualified immunity, and how does it affect this particular case?
MAYO BARTLETT: Qualified immunity is a doctrine which the Supreme Court actually created, which gives police an extraordinary shield for their conduct. And it’s a shielding that no other person in the country has, says that unless we can find, basically, that no other reasonable officer anywhere could have done what this officer did, that person is going to be found to be exonerated. You’re going to say that their conduct is absolved. And it requires a tremendous burden on the part of people trying to bring these cases.
The other thing that it does is it deters lots of lawyers from taking these cases, because you dedicate a lot of time and a lot of money into these cases - in our case, we’re here nine years, almost 10 years later, without having a resolution. And sometimes these qualified immunity decisions don’t come until fairly late in the game, after you’ve already invested a lot of time and money. So it’s a deterrent for people.
AMY GOODMAN: And again, no officer was charged in this case? I mean, there were many officers, including Officer Hart, who shot Kenneth Chamberlain dead, undisputed?
MAYO BARTLETT: Absolutely. And one of the things we’ve asked for from the beginning is for an independent investigator. And, in these cases, there should also, in my estimation, be a change in the grand jury system. The grand jury should not be an arm of the prosecutor. It should be independent, equally accessible from the defense as well as civil sides and also for the prosecutor, should not be on the third or fourth floor of a DA’s office. And you should be able to see what happened in a grand jury. It shouldn’t be secret. If there is a need, then you can make an application to a court for a protective order. But we believe that needs to change, as well as the disciplinary procedures against police. Where there’s been a finding of misconduct, that also should be public and readily available. You should not have to go to the police department to find out what misconduct your officers may have engaged in.