Henry Louis “Skip” Gates, Jr., University professor and director of the W.E.B. Du Bois Institute for African and African American Studies at Harvard, has been arrested while trying to break into his own house. A concerned neighbor called police when she saw Gates, 58, “wedging his shoulder in the front door [of Gates' house] as to pry the door open.” Police say that he refused to give them his name, accused them of racism, and continued a loud altercation from his porch until his arrest for “exhibiting loud and tumultuous behavior.”
Police report that when an officer arrived at the scene, Gates became belligerent and allegedly shouted “[t]his is what happens to black men in America” when asked for identification. He also allegedly told the police repeatedly that “[y]ou don’t know who your [sic] messing with,” according to the report.
The Cambridge Police Department maintains that Gates created such a commotion on his porch that he drew a crowd.
Harvard Professor Charles J. Ogletree, Jr. appears to have agreed to represent him — though these types of disorderly conduct charges are routinely dropped when they do not involve alcohol or drugs or property damage. This is not a major offense — Gates was released on a $40 bond.
Gates was awarded a MacArthur Foundation “Genius Grant” in 1981 and was named one of Time magazine’s “25 Most Influential Americans” in 1997.
The Cambridge Police entry merely states “On 7/16/09 at 12:44 PM, 58-year-old Henry Gates of 17 Ware St. Cambridge, MA was arrested for Disorderly conduct after exhibiting loud and tumultuous behavior.”
Gates (who had just returned from China) has denied the police account, here. Ogletree says that Gates found his door damaged when he returned from China and entered through the back door. He and his driver then forced open the front door and brought his luggage in the house, according to Ogletree. Police state that when they arrived he was in his office and initially refused to come out and accused them of racism.
Rev. Al Sharpton has already descended on the scene to allege racism in the force and denounce the crime of living in a house while black.
UPDATE: As expected in the above blog, the charges have been dropped.
For the full story, click here.
I find arrogance to have neither race nor gender. “Genius Grant,” indeed.
Something is amiss here and I cannot tell what. Was alcohol a factor, why were the police at the home when he tried to enter? What is Harvard Real Estate Company? I have a lot more questions after reading the article.
It appears that Prof. Gates may have some domestic issues. When a man is attempting to break into his own house, you can almost bet there’s a woman involved.
Mike Appleton 1, July 21, 2009 at 9:03 am
It appears that Prof. Gates may have some domestic issues. When a man is attempting to break into his own house, you can almost bet there’s a woman involved.
*******************************
Or it could be that “Hell hath no fury like a Pissed Queen” that would cover it for both sexes.
From the article:
“According to Ogletree [Gates' lawyer], Gates noticed a police officer on his porch while he was on the phone requesting a door repair from Harvard Real Estate Services, which owns the home. The professor reportedly stayed inside when the officer asked him to come outside, but provided the officer with both his Harvard identification card and his driver’s license as proof that he lived at the home and taught at the University. Ogletree said Gates then asked the police officer for his badge number and name several times but received no response.
But the police sergeant who first arrived on the scene said he had told Gates his name multiple times when requested, and that Gates simply shouted over him. The sergeant said he was forced to step out of the home because of Gates’ uncomfortably loud yelling, according to the report obtained from the Boston Globe. He said he told Gates that they could discuss the matter further outside, to which Gates allegedly replied, “ya, I’ll speak with your mama outside.”
“Your mama”? From a Harvard man to a police officer doing his job? I am prouder by the day of my non-Ivy roots!
Personal life
Gates has been the host and co-producer of African American Lives (2006) and African American Lives 2 (2008) in which the lineage of notable African Americans is traced using genealogical resources and DNA testing. In the first series, Gates learns of his European ancestry (50%), and in the second installment we learn he is descended from the Irish King, Niall of the Nine Hostages. He also learns that he is descended in part from the Yoruba people of Nigeria.
http://en.wikipedia.org/wiki/Henry_Louis_Gates
Can’t edit or add to it without being registered. Something about vandalism.
What I find interesting this story is already a part of his Wiki page.
Also mespo, you are correct it is the Harvard Real Estate Services and is apparently a university owned house.
ABOUT HRES
The mission of Harvard Real Estate Services (HRES), a Department within Harvard’s Central Administration, is to provide outstanding delivery of real estate services and solutions to the Harvard community.
http://www.hres.harvard.edu/about.htm
I wonder if trouble is brewing up for this man within the university?
just heard as of this posting,”ALL” charges were dropped.
eniobob 1, July 21, 2009 at 11:23 am
just heard as of this posting,”ALL” charges were dropped.
See it helps if you are a descendant of a King from Ireland.
This is from yesterday:
Lawyer’s Statement on the Arrest of Henry Louis Gates Jr.
Charles Ogletree gives Gates’ side of the story in controversial arrest of The Root’s editor-in-chief.
http://www.theroot.com/views/lawyers-statement-arrest-henry-louis-gates-jr
I find it more than a little discouraging that most most of the commenets here (and on other locations) seem more than willing to take the word of the cop.
If ys deal with them regularly you should know better than that. Hell, even if you don’t you should know better than that.
Wow, I’m impressed. Only at Havrad can one find a cop using the word “tumultuous” in a misdemeanor report. Sweet. I don’t know what the law looks like in Mass., but in Illinois one has to put the public in a fearful state to be charged with disorderly conduct. The fact that a crowd gathered seesm to suggest curiosity rather than fear. There’s also specific case law (Illinois anyway)stating that the police are expected to have a thicker skin that the general public when dealing with verbal abuse. Disorderly Conduct is often used as a bull_ _ _t charge to deal with those who aren’t physically resisting but are merely pissing off the police. I’ve seen hundreds of cases of family members arrested for disorderly conduct for using a less than civil tone of voice when asking why a family member was arrested. Gates sounds like he was acting like an a_ _ hole, but I’m not giving the cops a pass on nthis one either.
Lucky for everyone Rev. Sharpton is coming to sort things out. Praise Jebus.
It should be your right to tell the police to f*ck off while standing on your own front porch. That however is rarely the case, regardless of your race.
I am quite familiar with Professor Gates work and he is a great scholar and a good man. I too am distressed that some think his behavior unreasonable. How would any of us feel if the police arrived at our house, in fact questioning our right to be there.
Might not one of us also respond with an anger and lack of deference that a policeman might find offensive? Has anyone else ever been locked out of their house, perhaps by forgetting their keys, as I have on at least three occasions. No one had to called the police, but I had to break into my own home and in the midst of that would have become exasperated when the police arrived.
As for Al Sharpton, I doubt that Professor Gates needed to call him in. Reverend Al, shows up wherever there is publicity to be gained. He exposed his vapidity during his Michael Jackson eulogy when he said Jackson was the first black musician to gain world wide acceptance or recognition, thereby forgetting the greatest musical genius of the twentieth century, who just happened to also be black, Luis Armstrong. Sharpton is merely a comic phony, but considering people like Sessions, Barber and Trent Lott, every race has its share of those.
Such a waste of time. So he couldn’t get through the front door,and uses force, and some panicky woman calls about a burgler? He provided his ID, and the police should just drop the charges, and move on to some real crime.
Turley–Your interpretation of what happened is incorrect. Gates was in his house when the police arrived. People please read the full report. The police did not catch him breaking into his house. Shame on you Turley!
I guess this is mereley a case of “BHWB”-Being Home While Black.
In my humble opinion, the police report could have been improved by adding a few more sensational details. For example, when Gates is found in his own home, packing away the luggage from his scholarly jaunt to China, he could be wearing a ninja outfit. Furthermore, when the police officer meekly requests identification, Gates could adopt a DeNiro pose a la Taxi Driver and inquire, “Are you talking to me? Are YOU talking to ME?” Then, when the officer politely asks Gates to step outside, Gates could spin-kick the officer in the face, sending him crashing through the window onto the porch in a cascade of glass. They could grapple, rolling around on the glass shard strewn porch. The other cops could haul Gates off, whereupon he could backflip out of their grasp, drawing his katana. In a few quick slashing movements, Gates could slice down the whole lot of them. Only at that point would he scream: “THIS…IS WHAT HAPPENS TO A BLACK MAN IN AMERICA!!!!”
He kicks mondo ass.
@Mike Spindell: I don’t think Prof. Gates’s behavior was unreasonable, but it was reasonably predictable that after responding to the police the way he did, he might be arrested. I am not in any way condoning the arrest, but don’t think the police were treating him any different because of his race. If you persist in a confrontation with the police–even when you are in the right–you will get arrested, no matter what your race is.
Find me another Harvard professor with the same level of credentials that would have to endure what Professor Gates did.
If we put aside for the moment that any of us would have been annoyed, frustrated, and angry if we had to prove we were not breaking into our own house. Moreover if we were not believed, most of us would be outraged.
And if no alcohol, drugs, or domeestic abuse was involved, is it unreasonable to think the cops could have used the computer in their squad car or their cell phone to google Gates. This was a matter that could have been resolved very easily.
Jackson, you missed the bit about him steathily placing pictures of his family around the home, a well known Black-Professor-Ninja tactic when breaking and entering…
“I am not in any way condoning the arrest, but don’t think the police were treating him any different because of his race.”
Alan,
You are giving the Cambridge Police Force way too much credit. I’ve read differently and see I know much about Dr. Gates and have heard him speak often on TV I find him quite credible.
http://www.washingtonpost.com/wp-dyn/content/article/2009/07/21/AR2009072101771.html?hpid=topnews
When he told them “you don’t know who you’re dealing with” he was not being insulting he was telling them the truth. They had seen his driver’s license and the had seen his identification as a Harvard Professor and they arrested him anyway because he didn’t kiss their behinds. I remember when the police were supposed to be public servants and not our bosses. However, that part has never been true for the black, brown, yellow or poor.
4wrdthnkndad,
Amen. Given what happened had I been Professor Gates I would have been bad tempered also. The police somehow don’t feel that people have the right to be angry at them anymore, especially if their skin color is different. However, they allow themselves the right of getting angry any time they want and too many these days run around with large chips on their shoulders and bigotry in their hearts.
I believe I would have asked the policemen what they were doing in MY house, and asked them to leave!
Gates in his own words.
http://www.theroot.com/views/skip-gates-speaks
erykah:
I read Gates’ statement.If he dropped any more names they would have justifiably charged him with littering. This is a simple case of a well-meaning neighbor calling the police to report a perceived break-in, and the police questioning the person they found in the house. There is no sign of overt racism, and I fail to see what the police could have done differently when faced with a felony stop, and not knowing all the facts upon their arrival. I am fully prepared to condemn racism when I see it, but here I see an overbearing, pompous, professor throwing his weight around a college town to the detriment of some underpaid civil servant whom he would be the first to castigate were he to have to wait three minutes after he phoned in a suspicious bump in the night. If you accept the premise that racism occurs when the perpetrator has the power over the victim, I wonder how you assess the relative powers of the police sergeant versus the “genius” man of letters. Sorry, no sale on victimhood with me for the good professor. He got lucky the charges were dropped; now he should drop it. All is not racism that glitters!
To Mike Spindell: “I remember when the police were supposed to be public servants and not our bosses. However, that part has never been true for the black, brown, yellow or poor.”
So true, what have we come to.
Not many escape the power of the police state. The arrogance, the criteria they most likely have to meet to keep the up with the beat(the quota). I would not be surprised that there is a quota for arrests like the eom quota for traffic tickets.
My Story: After death of my other life by the system, I was lately harassed for no reason, unless the paranoia is real and it was trumped up that someone called a suicide attempt at my address. I forgot to look out the window when there was a knock on the door. Shame on me. It was a used to be officer of the peace, with plainclothes backup, who asked me if my daughter-in-law was there (by name}.
I simply said no and since I had opened the door, I began to close it, when at that time, while closing the door the used to be officer of the peace asked me if he could talk to me and I said, “No.” The used to be officer of the peace pulled from the outside. I struggled with all my might to close the door. I got it locked. Afterward I was noticeably shaken. They walked to the side of the house; they stayed outside; they talked to me through the door. I gave them the number to reach my daughter-in-law after I called the police station to complain.
Here is the clincher. Because I did not want to “talk” to him, he told me I obviously had something to hide.
It is terrible thing to have the media post Prof. Gates mug shot. Certain things should be confidential and automatically expunged when ERROR is made. Not the case, and not only by FL adm law is the mug shot public record, the record of the arrest is forever there, just like a sex offender record, unless expunged. I lost a job because of such an ERROR. A DISMISSED case could not be in my employer’s file. As I write more photos surface. How is this happening? http://news.yahoo.com/s/ap/20090721/ap_on_re_us/us_harvard_scholar_analysis
If the professor did not have problems with the institution he is employed by, the mere exposure most likely caused much embarrassment, along with all the other potential future damages. The article I read made it clear that both parties agreed to let bygones be bygones.
That was generous of Mr. Gates, but most likely needed to obtain the ostrich stance. Going to read the rest of that AP spot.
It appears ones response to the police in this story has something to do with our response to the police. I’m guessing this isn’t the first time Professor Gates or someone in his family has been questioned, demeaned, or wrongly judged by police authorities. When a man is pushed down enough times, there are going to be times when he has to fight back.
And I’m sorry the case has been dropped. Because one the damage to his reputation has been done. And also I think our “post racial” society could learn from the court hearings.
It sounds like he was caught doing something he shouldn’t. People don’t get “loud” for no reason.
Slice:
You are right,He was caught doing something.He was caught being”BLACK”.
Just to get the facts clear. There was no woman involved, except the lady who called 911. There was no alcohol, he did not force the door, it was his first arrest, there was no probable cause for a felony stop because he said he lived there, and just because a cop arrests someone does not meant they did something wrong.
Returning from vacation, Gates found the door broken. He used a KEY to enter the back, called repair service, and tried to repair the door of his own home.
The crucial fact is that he told the officer he lived there. He says he went to the kitchen, followed by the officer, and presented two forms of name, photo and address identification. The officer examined the id.
This should have ended the situation. A man was lawfully present in his own house. End of story.
At this point, the officer lost it. He should have said thank you, you live here, this is your house and we will now begin to investigate the breakin. He showed little or no good judgment in the situation.
Read the report. It does not say the man was unidentified, or that he refused to identify himself. It does not contradict Gates’s account.
http://cache.boston.com/bonzai-fba/Original_PDF/2009/07/21/0721docket_redacted_revised__1248200728_6644.pdf
He showed proof of who he was and where he lived. The police report does not contradict Gates’s statement that he identified himself.
Besides, there is no such crime as tumultuous behavior.
Gates lost his temper, but, whatever Gates did, it was not a crime. His arrest was wrong. The Police conceded this when they dropped the charges. They were wrong. He was right.
The Boston papers agree:
The liberal Globe said: “Once the officer established that Gates was indeed standing in his own home, the encounter should have ended. Objecting to an officer’s presence in one’s residence should hardly be grounds for arrest.
“Still, confrontations with police seldom end well, even if officers are in the wrong. If Gates believed he was being treated discourteously, he could have filed a complaint with the police department’s section for professional standards. Ultimately, though, it was the officer’s responsibility to de-escalate the situation, even by walking away. Police are trained specifically to ignore verbal provocations that come their way.”
“The right wing Herald said the same thing: “The disorderly conduct charge against Harvard professor Henry Louis Gates, Jr. has been dropped and that’s a good thing. Cambridge police appear to have been more than a tad overzealous in interpreting what does or does not constitute “orderly” behavior inside a man’s own home. But Gates probably should have counted to 10 when police responded to the report of a possible break-in instead of reacting as if he had been accused of a terrorist act.”
Gates should not have shouted, but he did not commit a crime, and he was provoked.
Vince:
“He showed proof of who he was and where he lived. The police report does not contradict Gates’s statement that he identified himself.”
***********
Sorry Vince, but the report says that “…, I heard Sgt. Crowley ask for the gentleman’s information which he stated ‘NO I WILL NOT!’” Our putative victim then decided to launch into a tirade accusing the Sgt of being a racist, and then playing the pity card:”This is what happens to a black men in America”. Well maybe, but not all the time, and I will need more proof of racism than this to convince me.
I’ll take the word of the cops over this guy anytime under the circumstances. And lest you believe that this was not disorderly conduct when the professor hit the porch still ranting and playing for the crowd of about seven, I cite you the definition of the charge:
“A disorderly person is defined as one who:
* with purpose to cause public inconvenience, annoyance or alarm, or
* recklessly creates a risk thereof
* engages in fighting or threatening, violent or tumultuous behavior, or
* creates a hazard or physically offensive condition by any act which serves no legitimate purpose.”
I am a believer in the Castle Doctrine, but I detest a bully– however pedigreed.
Mespo.
“I’ll take the word of the cops over this guy anytime under the circumstances.”
You can do so as there was no inconvenient camera or microphone to provide overwhelming proof that the policeman is a liar. However rational people who observe any justice system in action must come to the conclusion that the police lie or misinterpret and misremember extremely often and that anti Negro racism is a powerful force for distorting perception. It is quite possible that the policeman believes and even remembers things happening as he described, it is simultaneously quite possible that Gates description is nearer to objective truth.
You Americans are incapable of realizing just how racist you are. Where in the human brain are those ideas and beliefs that lead to racism to be found? They are to be found under the heading “common sense” with other beliefs that never require testing against reality. Some of the beliefs are 99% true, some are rules of thumb that work most of the time and some are pure ignorant prejudice that are shared by everyone one knows and so never get questioned.
Mespo.
“ya, I’ll speak with your mama outside.” So you believe the policeman when he says a Harvard educated professor used these words. They are just as consistent with a racist policeman who has a Nigger-underclass stereotype of all Negroes fabricating a report on the assumption that his prisoner is just someone from the hood.
The only time police lying gets exposed is when there is an inconvenient recording, more reason for banning any photography or sound recording of police. Make it illegal with a 20 year sentence to be in possession of a recording including images or voices of police.
“The sergeant said he was forced to step out of the home because of Gates’ uncomfortably loud yelling,”
Really is this believable? The poor widdle policeman had to go outside because the nasty nigger yelled at him.
The more I look through this thread the more I come to the view that Gates was dealt with in an insulting manner that legitimately made him angry. Whether in his anger he did something to which the policeman legitimately took offense is another question, but I suspect that the real offense was Nigger behaving in an uppity manner contrary to Jim Crow etiquette.
There are many forms of Jim Crow Etiquette. There is Jim Crow etiquette for blacks dealing with whites, Jim Crow etiquette for whites dealing with blacks, and Jim Crow Etiquette for whites talking about blacks (jurors considering a black defendant for example).
What we have here I think is a white with power obeying Jim Crow Etiquette for whites with power dealing with a black and a black failing to obey Jim Crow etiquette for blacks dealing with whites.
A white with power dealing with a black has the right and indeed the duty to show that he holds the black in contempt. Here is an example from a newspaper article of some years ago before the Internet age so I cannot provide a link.
There used to be a column called “Murphy’s Law” in the Sydney Morning Herald written by a solicitor Chris Murphy. In this column the author high lighted absurdities of the Criminal (in)justice system much as JT does in this blog.
As far as I can remember the story in one column went like this. An aboriginal man was in a hurry driving his pregnant wife to hospital when he was stopped by a white policeman for speeding. He indicated that he was in a hurry and asked could the policeman hurry up, but the policeman after writing a speeding ticket insisted on making him wait while he checked whether the car the aboriginal was driving was stolen. The aboriginal man responded with anger presumably using the usual sexual swear words that form 20% of the content of any private conversation between police and was arrested for the trifecta, that is the triple set of charges often used against aborigines, offensive behaviour, assaulting police and resisting arrest. The man’s wife was left to find her own way to hospital.
The following is not from the article but is my interpretation and reading between the lines.
The absurdity of the police pretending to believe that someone would use a stolen car to ferry his wife to hospital is obvious. Why would the policeman make such an absurd pretense? Because the car was driven by a nigger and it was the policeman’s right and indeed his duty to make his contempt of the nigger clear to the nigger. A statement not actually made by the policeman hangs in the air, it is “yes I know this is your car, you know that I know it is your car but you are a nigger and I have the right to make you wait while I radio for information that I already know.”
It would take superhuman self control for a recipient of such an insult not to respond with the usual swear words, which then result in the arrest for offensive behaviour, the inevitable resistance to that arrest and the other two charges. Of course the policeman need not trouble himself about the pregnant wife stranded in the road, but then she was a nigger as well.
I suspect that something very similar happened to Professor Gates. A white policeman obeying the dictates of Jim Crow etiquette for whites went out of his way to indicate his contempt for a nigger, the nigger responded with offensive uppity righteous indignation and his arrest and charging were the result. When Gates said “you don’t know who I am” he was correct as the policeman assumed that he was someone who would have no more credibility in contradicting the word of a cop than the usual street corner drug dealer but he had by mistake picked one of the few niggers in the city acknowledged even by whites to belong to the respectable classes.
I hope Professor Gates pursues this to the limit. As in the case of the Tulia 1999/2000 cocaine prosecutions, the things that come to light are a tiny selection from a plethora of similar incidents of injustice that are forever hidden.
Mespo.
“but I detest a bully– however pedigreed.”.
Why are you so ready to assume that Professor Gates was bullying the poor innocent cop and not the other way around. How is it you have been following JT’s blog for so long without noticing the tendency for cops to be abusive bullies, no matter how lacking in pedigree.
Vince: “He showed proof of who he was and where he lived. The police report does not contradict Gates’s statement that he identified himself.”
Mespo: Sorry Vince, but the report says that “…, I heard Sgt. Crowley ask for the gentleman’s information which he stated ‘NO I WILL NOT!’” Our putative victim then decided to launch into a tirade accusing the Sgt of being a racist, and then playing the pity card:”This is what happens to a black men in America”.
Well, I sure don’t like to be told that I have misinformed the readers at this site. And, as a rule it is always important to read the entire document to see whether a selective quotation a) was taken out or context and b) tells the whole story. So let’s see first whether there is any other information in the report, and then let’s see both reports in their entirety.
QUOTE: I asked Gates to provide me with photo identification so that I could verify that he resided at Ware Street and so that I could radio my findings to ECC. Gates initially refused, demanding that I show him identification but then did supply me with a Harvard University identification card. Upon learning that Gates was affiliated with Harvard, I radioed and requested the presence of the Harvard University Police. With the Harvard University identification in hand, I radioed my findings to ECC on channel two and prepared to leave. UNQUOTE
So I think an unbiased reader of this post will agree that I was correct in my statement that “he [Gates] showed proof of who he was and where he lived.”
I do not think Mespo gave the full story when he quoted the initial refusal selectively. Think my statement was correct, and Mespo was incorrect.
The charges of disorderly conduct were dropped. There was no crime committed. Debate about the manners of either party can go on, and I will pass on that debate, but both Gates and the Police now agree that NO crime was committed. I agree with both Boston papers. The encounter was over when Gates identified himself. The police were overzealous.
Finally, since context is important, here are the complete police reports so that readers can judge for themselves.
QUOTE ON:
Main Form
Page 1 of2
CAMBRIDGE PolicE DEPARTMENT
CAMBRIDGE, MA
Incident Report #9005127
Report Entered: 07/16/2009 13:21:34
Case Title
Date[Tlme Reported
0711612009 12:44:00
Incident Type/Offense
1.) DISORDERLY CONDUCT c272 S53 —
Reporting Officer
CROWLEY, JAMES (467)
Persons
Location
WARE ST
Date/Time Occurred
to
Approving Officer
WILSON III,JOSEPH (213)
Role Name
WITNESS WHALEN, LUCIA
Sex Race Age DOB
40 H
Phone Address
C MA
Offenders
Status Name Sex Race Age DOB Phone Address
DEFENDANT GATES, HENRY MALE BLACK 58- — f H LLJ I $WARE ST
C CAMBRIDGE, MA
VehiCles
Property
Class Description Make Model Serial # Value
Narrative
On Thursday Ju 16, 2009, Henry Gates, Jr. !I , of Ware Street, Cambridge, MA) was placed
under arrest at Ware Street. after being observed exhibiting loud and tumultuous behavior, in a public place,
directed at a uniformed police officer who was present investigating a report of a crime in progress. These actions
on the behalf of Gates served no legitimate purpose and caused citizens passing by this location to stop and take
notice while appearing surprised and alarmed.
On the above time and date, I was on uniformed duty in an unmarked police cruiser assigned to the
Administration Section, working from 7:00 AM-3:30 PM. At approximately 12:44 PM, I was operating my cruiser
on Harvard Street near Ware Street. At that time, I overheard an ECC broadcast for a possible break in
progress at Ware Street. Due to my proximity, I responded.
When I arrived at* Ware Street I radioed ECC and asked that they have the caller meet me at the front door to
this residence. I was told that the caller was already outside. As I was getting this information, I climbed the porch
stairs toward the front door. As I reached the door, a female voice called out to me. I turned and looked in
the direction of the voice and observed a white female, later identified as Lucia Whalen. Whalen, who was
standing on the sidewalk in front of the residence, held a wireless telephone in her hand and told me that it was she
who called. She went on to tell me that she observed what appeared to be two black males with backpacks on the
porch of 0 Ware Street. She told me that her suspicions were aroused when she observed one of the
men wedging his shoulder into the door as if he was trying to force entry. Since I was the only police officer on
location and had my back to the front door as I spoke with her, I asked that she wait for other responding officers
while I investigated further.
Apt/Unit #
http ://pd-rmsIQED//policepartner/common/crimeweb/incview/main.j sp?agencyCAM-PD… 7/20/2009
Main Form Page 2 of 2
As I turned and faced the door, I could see an older black male standing in the foyer of Ware Street. I made
this observation through the glass paned front door. As I stood in plain view of this man, later identified as Gates, I
asked if he would step out onto the porch and speak with me. He replied “no I will not”. He then demanded to know
who I was. I told him that I was “Sgt. Crowley from the Cambridge Police” and that I was “investigating a report of a
break in progress” at the residence. While I was making this statement, Gates opened the front door and
exdaimed “why, because I’m a black man in America?”. I then asked Gates if there was anyone else in the
residence. While yelling, he told me that it was none of my business and accused me of being a racist police
officer. I assured Gates that I was responding to a citizen’s call to the Cambridge Police and that the caller
was outside as we spoke. Gates seemed to ignore me and picked up a cordless telephone and dialed an unknown
telephone number. As he did so, I radioed on channel 1 that I was off in the residence with someone who
appeared to be a resident but very uncooperative. I then overheard Gates asking the person on the other end
of his telephone call to “get the chier and “whaf s the chief’s name?”. Gates was telling the person on the
other end of the call that he was dealing with a racist police officer in his home. Gates then turned to me and told
me that I had no idea who I was “messing” with and that I had not heard the last of it. While I was led to believe
that Gates was lawfully in the residence, I was quite surprised and confused with the behavior he hibited toward
me. I asked Gates to provide me with photo identification so that I could verify that he resided at Ware
Street and so that I could radio my findings to ECC. Gates initially refused, demanding that I show him identification
but then did supply me with a Harvard University identification card. Upon learning that Gates was affiliated with
Harvard, I radioed and requested the presence of the Harvard University Police.
With the Harvard University identification in hand, I radioed my findings to ECC on channel two and prepared
to leave. Gates again asked for my name which I began to provide. Gates began to yell over my spoken words
by accusing me of being a racist police officer and leveling threats that he wasn’t someone to mess with. At some
point during this exchange, I became aware that Off. Carlos Figueroa was standing behind me. When Gates asked
a third time for my name, I explained to him that I had provided it at his request two separate times. Gates
continued to yell at me. I told Gates that I was leaving his residence and that if he had any other questions
regarding the matter, I would speak with him outside of the residence.
As I began walking through the foyer toward the front door, I could hear Gates again demanding my name.
again told Gates that I would speak with him outside. My reason for wanting to leave the residence was that
Gates was yelling very loud and the acoustics of the kitchen and foyer were making it difficult for me to
transmit pertinent information to ECC or other responding units. His reply was “ya, I’ll speak with your mama
outside”. When I left the residence, I noted that there were several Cambridge and Harvard University police
officers assembled on the sidewalk in front of the residence. Additionally, the caller, Ms. Walen and at least seven
unidentified passers-by were looking in the direction of Gates, who had followed me outside of the residence.
As I descended the stairs to the sidewalk, Gates continued to yell at me, accusing me of racial bias and continued
to tell me that I had not heard the last of him. Due to the tumultuous manner Gates had exhibited in his residence
as well as his continued tumultuous behavior outside the residence, in view of the public, I warned Gates that
he was becoming disorderly. Gates ignored my warning and continued to yell, which drew the attention of both
the police officers and citizens, who appeared surprised and alarmed by Gates’s outburst. For a second time I
warned Gates to calm down while I withdrew my department issued handcuffs from their carrying case.
Gates again ignored my warning and continued to yell at me. It was at this time that I informed Gates that he was
under arrest. I then stepped up the stairs, onto the porch and attempted to place handcuffs on Gates. Gates
initially resisted my attempt to handcuff him, yelling that he was “disabled” and would fall without his cane. After the
handcuffs were properly applied, Gates complained that they were too tight. I ordered Off. Ivey, who was
among the responding officers, to handcuff Gates with his arms in front of him for his comfort while I secured
a cane for Gates from within the residence. I then asked Gates if he would like an officer to take possession of
his house key and secure his front door, which he left wide open. Gates told me that the door was un securable
due to a previous break attempt at the residence. Shortly thereafter, a Harvard University maintenance
person arrived on scene and appeared familiar with Gates. I asked Gates if he was comfortable with this
Harvard University maintenance person securing his residence. He told me that he was.
After a brief consultation with Sgt. Lashley and upon Gates’s request, he was transported to 125 6th. Street in
a police cruiser (Carl, Off’s Graham and Ivey) where he was booked and processed by Off. J. P. Crowley.
bttrv I/nd-rn, vJflPfl//nnl n tnr/n nn/nipu,ph/intvipw/rnin i cn?i aencvfl A M-PD 7flfl/W)flQ
Main Form
Page 1 of4
CAMBRIDGE POLICE DEPARTMENT
CAMBRIDGE, MA
Incident Supplement #9005127 – 1
Report Entered: 07/16/2009 13:52:50
Not For Public Release
Case Title
DISORDERLY CONDUCY
Date/Time Reported
0711612009 12:44:00
Incident TypelOffense
1.) DISORDERLY CONDUCT c272 S53 —
Reporting Officer
FIGUEROA, CARLOS (509)
Persons
Sex Race Age DOB
Location
Date/Time Occurred
to
Approving Officer
WILSON III,JOSEPH (213)
WHALEN, LUCIA 40 H
C —: MA
Narrative
On July 16, 2009 at approximately 12:44 PM, I Officer Figueroa#509 responded to an ECC broadcast for a possible
break at Ware St. When I arrived, I stepped into the residence and Sgt. Crowley had already entered and was
speaking to a black male.
As I stepped in, I heard Sgt. Crowley ask for the gentleman’s information which he stated “NO I WILL NOT!”.
The gentleman was shouting out to the Sgt. that the Sgt.. was a racist and yelled that “THIS IS WHAT HAPPENS
TO BLACK MEN IN AMERICA!” As the Sgt. was trying to calm the gentleman, the gentleman shouted “ You don’t
know who your messing with!”
I stepped out to gather the information from the reporting person, WHALEN, LUCIA. Ms. Whalen stated to me that
she saw a man wedging his shoulder into the front door as to pry the door open. As I returned to the residence,
a group of onlookers were now on scene. The Sgt., along with the gentleman, were now on the porch of
Ware St. and again he was shouting, now to the onlookers (about seven) ,“THIS IS WHAT HAPPENS TO LACK
MEN IN AMERICA”! The gentleman refused to listen to as to why the Cambridge Police were there.
While on the porch, the gentleman refused to be cooperative and continued shouting that the Sgt, is racist police
officer.
Basic Information
[ Agency
Incident #
Report #
Date
Report Status
CAM-PD
9005127
1
07/16/2009
12:44:00
COMPLETED
Je Title/Victim
In
cident Type/Offense
Date/Time Printed: Mon )ul 20 13:58:11 EDT 2009 By: pcarterw
Apt/Unit #
Role Name
Phone
Address
Offenders
Status
Name Sex Race Age DOB
Phone
Address
Vehicles
Property
Class
Description
Make Model
Serial #
Value
http://pd-rms/QED//policepartner/common/crimeweb/incview/main.jsp?agency=CAM-PD... 7/20/2009
I am sure that it is available at many sites, and this is one of them:
http://lawandorderroybean.blogspot.com/
Vince.
The police report is interesting and it certainly makes the police sound very reasonable and Gates unreasonable. However I have two reservations:-
1/ The police can lie and unless their are recordings to prove they they lie the legal system has to believe them.
2/ Even if the words said were as described by police the report says nothing about tone of voice. Tone of voice alone can turn words meaning one thing into the opposite, sarcasm for example. It is possible to use tone of voice to turn words that on paper appear polite into grievous insult. It may be tone of voice that caused offense to Professor Gates.
Again there is the fact that Gates straight out contradicts the policeman, they can’t both be telling the truth, and Professor Gates as a member of the respectable classes is deemed to have credibility such that automatic acceptance of the police account as truthful is no longer justified. Maybe this is unfair, may be this is class prejudice in favor of the educated elite and against the white policeman from the lumpen proletariat simply trumping the normal race prejudice in favor of whites and against niggers.
Still I feel that merely shouting at police because one thinks they are racist should be classed as disorderly conduct. Either there was a massive misunderstanding or something a lot more sinister.
In my last post I left out the critical word “not”. The second last sentence should read
Still I feel that merely shouting at police because one thinks they are racist should not be classed as disorderly conduct.
Vince:
You may consider Gates’ behavior cooperative based on the reports, but any fair reading of the report notes that Gates was entirely uncooperative, belligerent for no good reason, and provided information only grudgingly after initially refusing and then attempted to throw his weight around by calling the officer’s superior. The point of my post was to show the entire scene, not to just pick up where you did after Gates finally showed some ID after the officer had to call for backup. There is no dispute that Gates was belligerent on the porch as seven witnesses can attest to, and whether the charges were dropped or not doesn’t suggest to me that a crime wasn’t committed. I would be interested to know how you would have handled a report of a felony break-in or home invasion when being met by two uncooperative and/or belligerent males in a house at night. Perhaps you can share. I would also like to hear from FFLeo on the proper protocol.
Jon Katz on his Underdo blog has a good post on this issue.
http://katzjustice.com/underdog/archives/1729-Henry-Louis-Gates,-Jrs-story-shines-the-light-on-common-police-practices..html.
Mespo.
“Any fair reading of the report.”
But was the report an accurate description of what happened?
When the police say someone was belligerent, what do they mean? Maybe its a synonym for uppity nigger not knowing his place.
See what Jon Katz says in the article for which thee is a link in my previous post.
Mespo, you lied. I said that Gates showed proof of who he was and where he lived. I was correct. You quoted a statement from the report that he refused to identify himself. You quoted his initial refusal selectively from the police report. In fact, the police report’s own words confirmed my statement that Gates showed id. You were wrong and I was right, and I posted the relevant quotation from the report, a link, and the FULL verbatim police reports to support my statement.
You have some nerve to claim that you gave a fair reading of the report or showed the entire scene, when you did not post or link to it, and quoted only a cropped portion of it. Your post did not show the entire scene, but only your selective description and quotation.
It may be your own personal opinion that a crime took place, despite the fact that charges were dropped and essential elements of the offense were missing, but I do not care about your opinions. I have the facts, and you do not. The policeman’s own report states that Gates identified himself in his own home, and I will stand by my post.
Sorry, mespo, but you have been busted.
Mespo: “I would be interested to know how you would have handled a report of a felony break-in or home invasion when being met by two uncooperative and/or belligerent males in a house at night.”
Well, mespo, you may be interested in my views on belligerent persons in a house at night, but why?
The Gates arrest took place in broad daylight shortly after noon.
You should really do some more reading on the case before springing into print again.
“You may consider Gates’ behavior cooperative based on the reports, but any fair reading of the report notes that Gates was entirely uncooperative,”
“The point of my post was to show the entire scene, not to just pick up where you did after Gates finally showed some ID after the officer had to call for backup.”
Mespo,
I disagree with you that any “fair reading” of the report makes Professor Gates liable for arrest. I will for the sake of discussion grant that the report is totally factual in content and to my “fair reading” there was absolutely no reason for them to have arrested Prof. Gates other than then the officer didn’t like the tone of voice or the loudness of voice used. He
was investigating a “break-in” the owner of the house may have been belligerent, but did produce identification.
“At some point during this exchange, I became aware that Off. Carlos Figueroa was standing behind me. When Gates asked
a third time for my name, I explained to him that I had provided it at his request two separate times.”
Interesting that he mentions this after seeing a witness in back of him.
“but then did supply me with a Harvard University identification card. Upon learning that Gates was affiliated with Harvard, I radioed and requested the presence of the Harvard University Police.”
What was the need for the Harvard police may I ask after Gates had provided ID and established he was a Harvard Faculty member and this was a Harvard Faculty house? Now to me after proving his ID Gates has to hear that a new batch of police was coming over to re-question him and investigate what? The Harvard ID and the Drivers License were of course photo ID’s.
Had I been Professor Gates I would have been quite angry and I am not black. I might well have followed the officer out and damn well would have told him who I was and words to the effect of how dare you. A good part of the crowd outside formed because in a quiet neighborhood, when there are perhaps 3 police cars and 4 policemen outside of a house, neighbors do gather.
Gates was arrested by not passively submitting to these officers, when he had committed no crime and they were embarrassed by his lack of deference. That is my fair reading of this even accepting the officer’s reports. Do I believe them no. There was no need for this arrest by the officers other than they didn’t liked to be talked to that way, even if the person had committed no crime. What racism behind this.
Damned right it was.
Vince Treachy:
“You were wrong and I was right, and I posted the relevant quotation from the report, a link, and the FULL verbatim police reports to support my statement.
You have some nerve to claim that you gave a fair reading of the report or showed the entire scene, when you did not post or link to it, and quoted only a cropped portion of it. Your post did not show the entire scene, but only your selective description and quotation.
…
Sorry, mespo, but you have been busted.”
**********************
Busted or not, you have to admit that you carefully omitted the fact that our great man of letters initially refused to give his identification to the police as he is required to do under these circumstances. You intentionally left us with the impression that Gates’ was consistently cooperative. Clearly, he was not, and that was my point to which you took great umbrage. You and Gates may have a lot in common given your touchy stance here.
I believe it was you who were being less than factual here since you were kind enough to provide the parts of the report that supported your version of events and simply disregarded the other inconvenient parts that did not fit. Not exactly a lie, but close enough for me to call you on it.
Again, sorry to point out your slip is showing, but it was!
Mespo: “I believe it was you who were being less than factual here since you were kind enough to provide the parts of the report that supported your version of events and simply disregarded the other inconvenient parts that did not fit. Not exactly a lie, but close enough for me to call you on it.”
You are still at it, mespo. I did not provide the “parts” of the report that supported me, I provided the ENTIRE reports verbatim, with links, in two separate posts. I did not even post Gates’ version until this morning. Everything I posted in this thread were complete verbatim statements by the police, with no editing. Again, it shows some gall to accuse me of selectivity in expressing my opinion and accusing me of providing only material that supports my position, when I am the one who posted the police reports, not you.
So, mespo, you cannot call me on it. I posted the original brief reports in pdf and the entire full reports for all to read, and from feedback I believe they have been useful to readers. In both posts, I provided links and quotations so that the reader did not have to depend on my summary of the facts and my opinion, and I concealed nothing from the readers. I cited the admitted fact that that Gates identified himself in the house to the officer to refute your claim that he said that he would not give his id, with the unstated implication that he did not identify himself. I take that you now accept the police report’s statement that he did identify himself.
And which law requires him to give his id? Actually, the Massachusetts laws require the officer to wear id and show an identity card. Here are the laws, posted in entirety:
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE VII. CITIES, TOWNS AND DISTRICTS
CHAPTER 41. OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS
POLICE OFFICERS
Chapter 41: Section 98D. Identification cards
Section 98D. Each city or town shall issue to every full time police officer employed by it an identification card bearing his photograph and the municipal seal. Such card shall be carried on the officer’s person, and shall be exhibited upon lawful request for purposes of identification.
http://www.mass.gov/legis/laws/mgl/41-98d.htm
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE VII. CITIES, TOWNS AND DISTRICTS
CHAPTER 41. OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS
POLICE OFFICERS
Chapter 41: Section 98C. Badges; identification by name or number
Section 98C. In any city or town which accepts the provisions of this section no uniformed police officer, and no other uniformed person empowered to make arrests, employed by such city or town shall be required to wear a badge, tag or label of any kind which identifies him by name, but any such officer or other person employed by such city or town who does not wear any such badge, tag or label shall wear a badge, tag or label which identifies him by number.
http://www.mass.gov/legis/laws/mgl/41-98d.htm
Finally, although you posted a definition of disorderly conduct, I have tried to post the applicable Massachusetts law and state supreme court interpretation on the later thread.
Since the facts are now agreed that he identified himself after an initial delay, I will have to wind up my part of this exchange.
Your opinions, as usual, are graceful, well written and thoughtful.
Vince:
“Your opinions, as usual, are graceful, well written and thoughtful.”
************
As are my friendly adversary’s.
Saw Gates in an interview, he said the officer followed him into his kitchen without his permission. Guess what? If he had not been who he said he was and that cop waited in the other room, the person claiming to be Gates could have gotten a weapon from the kitchen. Permission or not, the cop was right to follow him. Gates should have shut up long enough to THINK things through, maybe put himself in the officer’s shoes for a moment instead of exploding about profiling. The cop was doing the right thing in escorting the suspect into another room. Oy!
am extremely familiar with the work of Professor Henry Lois Gates jr and have the greatest regard for his scholarship and academic attainments. Having said that, I must however say, that he comes off very poorly in the incident that is causing such an uproar all over the world. Professor Gates was known to President Obama right from his Harvard days and so he can be forgiven for “wading in” where mightier hearts fear to tread.
Dr Henry Lous Gates front door was stuck and he tried to enter from the back door. Anybody would have become suspicious about a person trying to enter through the back door in the wee hours of the morning. The Police serjent stopped by to check and from all accounts it was Dr Gates who got all defensive and made it a “race” issue by saying that he will not stand before the searjents mama’s house or words to that effect. Plantation rhetoric has no place in this day and age and Professor Gates more than any one else should have known. It was Professor Gates who got extremely agitated over the issue and seems to have been curt to the policwe officer. A cordial introduction and identification would have settled the matter, but Professor Gates viewed the whole affir through the prism of race. A white police officer versus a “black man”. I think there was no hint of racial antagonism in that episode.
President Obama, does not weigh in on the affirs of the police operationg at the level of a municipality. He needed not have reacted to the arrest and subsequent release in a manner that hinted that the police was acting out of turn, or in a “stupid” manner.
The police officer was withion his right to reasonably infer that a break-in was taking place and he was within his rights to stop and question Professor Gates. He wcould have just told the officer that he was living there and that the marshall of Harvard University can be contacted for indentification, if necessary. The matter would have ended there.
Treating every abrasive encounter between a while law enforcment officer and an Arfican- American as a racist encounter will not wash, especial;ly now that BARACK HUSSEIN OBAMA is the President of the U S of A.
Baru Virupashka.
“Having said that, I must however say, that he comes off very poorly in the incident that is causing such an uproar all over the world.”
I am glad to see that you were an independent observer of the event but I am puzzled how you disguised yourself so that the combatants were unaware of your presence. Did you perhaps use sorcery to disguise yourself as an insect perched on the wall or did you observe by means of astral travel?
“and from all accounts it was Dr Gates who got all defensive and made it a “race” issue by saying that he will not stand before the searjents mama’s house or words to that effect.”.
By all accounts, There are only two accounts, that of Professor Gates and that of Sergeant Crowley, it is a case of one persons words against that of another. Of course the other police will back up Sgt Crowley for the time they were present but this means zip as they would have done the same had Sgt Crowley tasered Professor Gate for 30 seconds and then shot him 19 times a-la Amadou Diallo. Police always back up other police especially when they are doing wrong.
The fact is that there were no independent observers of the event and there are mutually incompatible accounts by the participants. To choose one account over the other is to say that the author of the other account is a liar. Of course in courts of law, everyone has to take the word of the police over that of the defendant unless there exists overwhelming evidence that the police are lying, the system would break down otherwise but this means that the police can lie in court and win cases by it and not surprisingly they will do so.
As we are not in court, there is no reason to prefer the police account to that of Professor Gates.
“Dr Henry Lous Gates front door was stuck and he tried to enter from the back door. Anybody would have become suspicious about a person trying to enter through the back door in the wee hours of the morning.”
Dr Gates entered the back door with a key, no one should be suspicious of someone entering a house with a key through front door, back door or side door.
The fact is that Dr Gates interpreted the encounter through the prism of being a nigger in America albeit being an upper class one and Sgt Crowley interpreted the event through the prism of Dr Gates being a nigger as did the four NYPD officers who murdered Amadou Diallo. The extent to which the interpretive prisms affected each man is something we do not know as neither of us were there. what a pity there is no publicly available video of the event, I believe police should be fitted with recording equipment that record everything they do from 5 minutes before an encounter with a suspect until the end. That is the only way we could find out the truth in a case like this.
Baru you are prejudiced anti-nigger and pro-police. This is not surprising, as an Indian in the US you have the status of honorary white, the police would not treat you with the kind of contempt they habitually use for those that they assume because of race to be habitual criminals.
Baru Virupashka,
If one takes the police story as being totally true there is still no reason for Prof. Gates to have been arrested and that is the salient fact.
Baru you are prejudiced anti-nigger and pro-police. This is not surprising, as an Indian in the US you have the status of honorary white, the police would not treat you with the kind of contempt they habitually use for those that they assume because of race to be habitual crim
I do resent the allegation of racism. I have the highest respect for Dr Louis Gates, but I only said that he got defensive and by no means have I said anything that makes me an Honorary “white”.
I am a civil libertarian and to say that I am pro-police is absurd.