Elisabeth Haub School of Law Professor Bennett Gershman provides legal insight to DayFR Euro regarding New York Judge Juan Merchan postponing his decision on the legality of Donald Trump鈥檚 historic spring criminal conviction in the case of hidden payments to porn star Stormy Daniels until November 19 at the earliest.
Husband-Wife Legal Team of Haub Law Professors Recount Dramatic Details of their Case Inspiring the Newly Released Film, The Killing of Kenneth Chamberlain Sr.
Premiering nationwide this Friday, The Killing of Kenneth Chamberlain, is a socially conscious drama thriller based on the true story of a case that Elisabeth Haub School of Law Professors Randolph McLaughlin and Debra Cohen have worked on for ten years. The law school is located in White Plains, the very city where the dramatic events took place.
In 2011, Kenneth Chamberlain Sr., an elderly African American veteran with bipolar disorder, was killed during a conflict with police officers dispatched to check on him after his medical alert device was mistakenly activated. The film recounts the excessive and brutal force executed by the police in their response to this non-threatening situation and provides a lens for society to reflect on the reform needed in policing tactics and our social justice system.
鈥淭his film is a tremendous opportunity to help not only bring the case into national focus, but to highlight the important issues 鈥 how police respond to aided calls versus criminal calls, how they police in African-American communities, and how they are trained to diffuse situations involving people in mental health crisis,鈥 said Professor McLaughlin. 鈥淲hat was done was a text book 鈥榥ot to do鈥 if their intention was to de-escalate the situation and provide assistance.鈥
According to McLaughlin, when the police arrived, Mr. Chamberlain was asleep in his bed and made more than 60 attempts over the course of an hour and twenty minutes to explain that he did not call for help, did not need help and did not want to open his door. 鈥淲hen we heard the audio recording, we were shocked at the inhumanity demonstrated by law enforcement,鈥 said Adjunct Professor Cohen. 鈥淢r. Chamberlain had no agency over his own fate.鈥
The husband and wife legal team of McLaughlin and Cohen co-chair the Civil Rights Practice Group of Newman Ferrara LLP in Manhattan. They were asked to join the case by colleagues and fellow Haub Law alumni Mayo Bartlett and Wali Muhammad in 2012. A $21 million civil rights lawsuit was filed in federal court against the City of White Plains and several police officers.
The couple were compelled by the outrageous circumstances of the case and the resolve of Kenneth Chamberlain, Jr. to find the truth about his father鈥檚 death. 鈥淜enneth has channeled his anger and grief into creating a movement to reform police practices and provide other families with the support they need,鈥 said Cohen. 鈥淚 thought of my own father at that age who had cognitive challenges, and what that would have been like. I was certain he wouldn鈥檛 have been treated the same in this situation.鈥
The legal fight for justice has spanned over the past ten years, with a case currently still pending in federal district court in White Plains. Less than one year into legal proceedings, a grand jury declined to vote for an indictment, causing an uproar in the community and among social justice advocates. Another letdown came in 2017 when the district court dismissed most of the claims contained in a new lawsuit and excused several of the original defendants, including police officers. Following four-years of pre-trial motions, in 2020, the 2nd Circuit Court of Appeals, restored claims of unlawful entry and non-lethal excessive force. Professors McLaughlin and Cohen are now preparing, with the legal team, for trial and hope that with the need for police reform gaining traction across the country, justice for Mr. Chamberlain Sr. can finally be achieved.
鈥淣o matter how hard you work as a lawyer it鈥檚 almost impossible to convey a victim鈥檚 point of view when a voice can鈥檛 be heard and they can鈥檛 testify for themselves,鈥 added Cohen. 鈥淭his film shows us the perspective of the man who is on the other side of the door and gives him a voice that we hope can inspire change.鈥
The film, which will be available , was produced and directed by David Midell, along with acclaimed actor, director and producer Morgan Freeman as an executive producer. Actor Frankie Faison plays Mr. Chamberlain Sr. in the film, which won the jury and audience awards at the 2019 Austin Film Festival where it debuted.
About Elisabeth Haub School of Law at 桃瘾社区
桃瘾社区鈥檚 Elisabeth Haub School of Law offers J.D. and Masters of Law degrees in both Environmental and International Law, as well as a Doctor of Juridical Science (SJD) in Environmental Law. The school, housed on the University鈥檚 campus in White Plains, NY, opened its doors in 1976 and has over 9,000 alumni around the world. The school maintains a unique philosophy and approach to legal education that strikes an important balance between practice and theory. Haub Law launched its Environmental Law Program in 1978, and it has long been ranked among the world鈥檚 leading university programs, with a current #1 ranking by U.S. World and News Report.