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Henry Louis Gates Jr. Arrested, Police Accused Of Racial Profiling

MELISSA TRUJILLO   07/20/09 10:26 PM ET   AP

Henry Louis Gates

BOSTON — Police responding to a call about "two black males" breaking into a home near Harvard University ended up arresting the man who lives there – Henry Louis Gates Jr., the nation's pre-eminent black scholar.

Gates had forced his way through the front door because it was jammed, his lawyer said. Colleagues call the arrest last Thursday afternoon a clear case of racial profiling.

Cambridge police say they responded to the well-maintained two-story home after a woman reported seeing "two black males with backpacks on the porch," with one "wedging his shoulder into the door as if he was trying to force entry."

By the time police arrived, Gates was already inside. Police say he refused to come outside to speak with an officer, who told him he was investigating a report of a break-in.

"Why, because I'm a black man in America?" Gates said, according to a police report written by Sgt. James Crowley. The Cambridge police refused to comment on the arrest Monday.

Gates – the director of Harvard's W.E.B. Du Bois Institute for African and African American Research – initially refused to show the officer his identification, but then gave him a Harvard University ID card, according to police.

"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," the officer wrote.

Gates said he turned over his driver's license and Harvard ID – both with his photos – and repeatedly asked for the name and badge number of the officer, who refused. He said he then followed the officer as he left his house onto his front porch, where he was handcuffed in front of other officers, Gates said in a statement released by his attorney, fellow Harvard scholar Charles Ogletree, on a Web site Gates oversees, TheRoot.com

He was arrested on a disorderly conduct charge after police said he "exhibited loud and tumultuous behavior." He was released later that day on his own recognizance. An arraignment was scheduled for Aug. 26.

Gates, 58, also refused to speak publicly Monday, referring calls to Ogletree.

"He was shocked to find himself being questioned and shocked that the conversation continued after he showed his identification," Ogletree said.

Ogletree declined to say whether he believed the incident was racially motivated, saying "I think the incident speaks for itself."

Some of Gates' African-American colleagues say the arrest is part of a pattern of racial profiling in Cambridge.

Allen Counter, who has taught neuroscience at Harvard for 25 years, said he was stopped on campus by two Harvard police officers in 2004 after being mistaken for a robbery suspect. They threatened to arrest him when he could not produce identification.

"We do not believe that this arrest would have happened if professor Gates was white," Counter said. "It really has been very unsettling for African-Americans throughout Harvard and throughout Cambridge that this happened."

The Rev. Al Sharpton is vowing to attend Gates' arraignment.

"This arrest is indicative of at best police abuse of power or at worst the highest example of racial profiling I have seen," Sharpton said. "I have heard of driving while black and even shopping while black but now even going to your own home while black is a new low in police community affairs."

Ogletree said Gates had returned from a trip to China on Thursday with a driver, when he found his front door jammed. He went through the back door into the home – which he leases from Harvard – shut off an alarm and worked with the driver to get the door open. The driver left, and Gates was on the phone with the property's management company when police first arrived.

Ogletree also disputed the claim that Gates, who was wearing slacks and a polo shirt and carrying a cane, was yelling at the officer.

"He has an infection that has impacted his breathing since he came back from China, so he's been in a very delicate physical state," Ogletree said.

Lawrence D. Bobo, the W.E.B Du Bois Professor of the Social Sciences at Harvard, said he met with Gates at the police station and described his colleague as feeling humiliated and "emotionally devastated."

"It's just deeply disappointing but also a pointed reminder that there are serious problems that we have to wrestle with," he said.

Bobo said he hoped Cambridge police would drop the charges and called on the department to use the incident to review training and screening procedures it has in place.

The Middlesex district attorney's office said it could not do so until after Gates' arraignment. The woman who reported the apparent break-in did not return a message Monday.

Gates joined the Harvard faculty in 1991 and holds one of 20 prestigious "university professors" positions at the school. He also was host of "African American Lives," a PBS show about the family histories of prominent U.S. blacks, and was named by Time magazine as one of the 25 most influential Americans in 1997.

"I was obviously very concerned when I learned on Thursday about the incident," Harvard president Drew Gilpin Faust said in a statement. "He and I spoke directly and I have asked him to keep me apprised."

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12:29 PM on 08/17/2009
WHAT ARE VALID IDs?

Absolutely my last comment (unless responding­) on the Gates/Crow­ley affair.
What is Cambridge PD's protocol regarding verbal claims and presentati­on of minimum number of valid IDs, for proof of residency? Was Sgt Crowley required to reject (temporari­ly) two (apparentl­y) valid IDs and call ECC and Harvard PD for confirmati­on and physical identifica­tion? Didn't protocol allow Sgt Crowley the faster option of asking for state ID, passport, social security, military discharge, telephone listing, or household items and a whole host of other documents? Here's a suggestion­:.
Legislatur­es should work with police to offer a "Certified Residency Identifica­tion," (CRI), .with photo, physical descriptio­n, address and with special seal. This will be kept by every citizen to present in such situations as a disaster or crime scene as Gates/Crow­ley. Wonder what my PD's protocol for type and numbers of ID required to prove residency? I thought state drivers license and iD card were the top two. Wasn't Gates;s MA driver;s license and Harvard ID with photo and address enough?
01:49 PM on 08/15/2009
DISPATCHER ASSIST ARTIFICIAL VOICE RECOGNITIO­N ROBOT

An examinatio­n of the Cambridge PDs edited transcript­s of 911 caller's input, dispatcher questions, dispatcher alert and field patrol's questions revealed some confusion requiring query for additional info (during the Gates/Crow­ley incident on July 16). This raised an idea which may or may not be in current use by PDs. (negative for Cambridge police)

I am a complete novice, but would it be possible to set up an artificial intelligen­ce voice recognitio­n
robot (AIVRR) preprogram­med to perform as follows:?

1. During a 911 call AIVRR will assist dispatcher to ask key/pertin­ent questions in prearrange­d order by flashing "query questions" on dispatcher­'s monitor screen.
2. AIVRR will recognize key words imparted in step 1 above and synthesize data, again by preprogram­med,order for subsequent field transmissi­on. If human dispatcher broadcasts data, AIVRR data will show on screen for dispatcher­'s use.
3. AIVRR will be programmed to access data base (address, photos,dri­ver's/vehi­cle numbers, google maps, criminal and outstandin­g warrant files, etc.
4. AIVRR will be repository for above and additional data provided by dispatcher or field units. It should also automatica­lly answer phone queries for data from field units.

Such system should cover our human frailties and mistakes and aid the police in their thankless jobs,
HOPEFULLY. THINK WE CAN DO IT??
03:14 PM on 08/13/2009
WHAT IF

This happened on the front porch of Henry Gates's home on July 16?
Knock, knock, is any one home?
What do you want? Who are you?
I'm Sgt Crowley, Cambridge PD, heres my badge #7777, I am responding to a 911 call by your neighbors who observed two men forcing your front door and entering the house. Who are you?
Door opens. I'm Henry Gates, Prof at Harvard U. I live here.
Because this is an official police matter, may I see some IDs preferably a Mass driver's license.
Certainly. Gates produces 2 IDs
Thank you, now were you on your porch anytime earlier today with another man?
Yes I was. (Gates explains all: his arrival home from trip,his driver, jimmied front door, suit cases, etc)
Great Prof. This dovetails perfectly with what the 911 caller observed. I can close my case, however need one more item. May I see your plane ticket and passport? This will verify your earlier statement. Certainly Sgt. Here they are.
Thank you sir. I can now close my case. I'm glad you are OK. Have a good day.
END OF STORY
04:07 AM on 08/13/2009
NEED FOR DATA BASE

Prof Gates lives in one of the many houses owned by Harvard U Gates is a long time resident in a largely white, upscale neighborho­od and is widely known.

1. Doesn't the Cambridge or Harvard PD have a data base for residents name and telephone of Harvard owned homes?

2.. Why didn't the dozen or more Cambridge or Havard PD not recognize the Gates name when Crowley was calling for IID assistance­, and why had no one responded? As a 5-year instructor of racial profiling, why didn't Crowley know of Gates's books or name?

3.. Was officer #17 a higher ranking officer aware of Gates and wanted to "talk" to Crowley as quoted in radio transmissi­on, especially after hearing a request for back up and a wagon by Crowley.?

4.. Why didn't Crowley ask dispatcher for resident 's name when he called dispatcher soon after arrival from porch of Gates's home., and why didn't dispatcher have this info on hand? Crowley observed an unidentifi­ed black man in the house seconds after this call. He placed himself in a vulnerable position.

This lack of a simple procedure of prior identifica­tion is the CRITICAL POINT in this whole episode It created the perfect storm of the Gates-Crow­ley's clash of human pride, ego, duty, rights, insult, anger, intimidati­on, fear, humiliatio­n, confinemen­t, and release. Would have been completely unnecessar­y if Crowley had Gates's ID when he first stood at the front door of Gates's home. .
04:46 PM on 08/08/2009
CRYING NEED FOR A NEW POLICE PROTOCOL

Especially for the Cambridge PD. When 911 B&E calls reveal possible key/lock out/domest­ic dispute problems, the call will be transfered from 911 dispatcher to a female ofc trained in community relations and domestic dispute investigat­ions. She will carefully obtain all necessary details from 911 caller, then obtain phone number and ID of principal resident from available data base She will call resident, identify self, diplomatic­ally ascertain bona fides, knowledge of alleged break in, and any informatio­n compatible to 911 complaint. She then determines necessary course of action such as priority of response, the need for specialize­d officers including gender, number of units and equipment required. An option would be the dispatch of a single unit to the scene by the dispatcher receiving the original 911 call if judgement dictates. However the unit assumes a standby mode at the scene until further notice. A cursory study of Cambridge PD"s original 911 call from Whalen,sub­sequent dispatcher and patrol unit transmissi­ons and conversati­ons and final police reports, reveal a real need for additional training and modificati­on of protocols/­procedures­. The extraordin­ary expenditur­e of time, money and manpower resulting in the ARREST OF ONE MAN WHO WAS THE ORIGINAL VICTIM OF THE B&E AND VICTIM OF A LEGALLY UNSUPPORTA­BLE DISORDERLY CONDUCT CHARGE CRIES OUT FOR A CHANGE.
05:39 PM on 07/27/2009
I have been following this story on a daliy basis and have yet to find any proof that this was racial in any way. The cops responded to a call and regaurdles­s if it was his house they still had to investigat­e.Here is a scenario. Women lives in the house also and person trying to enter is a woman abuser. Now the person trying to wedge the door open lives there too but the woman put him out and took his keys. Now the man comes back to do harm to the woman but a neighbor can see someone trying to gain illegal entry. She is not sure who it is so she calls the police. The man eventually with assistant from his limo driver gets in but the cops have already been called and they don't know what to expect upon arriving. He could have been forcing his way in to harm the woman even though he lived there
06:37 PM on 07/26/2009
Prof. Gates may well have been guilty of racial hypersensi­tivity; and it seems likely that Sgt. Crowley is not any more racist than the average American, white or black; but that does not mean that the police acted correctly in this case nor that Prof. Gates' ire, however unreasonab­ly expressed, was not in part provoked by unacceptab­le police procedures­.

In a legal analysis I've posted on my website redgenesbl­uegenes.co­m I point out that the arresting officer violated Prof. Gates 4th amendment rights -- as officers do every day -- with impunity. This is definitely a "teachable­" topic that Americans should pay attention to. The Boston Tea Party, which set off our own Revolution­, was a direct response to British statutes that allowed unreasonab­le searches of a person's home. The 4th amendment guarantees us that police officers must pause at the thresholds of our homes; lacking a warrant, they may not enter, period.

The cops have got to learn to stop at our front doors and ask permission to come in, just like all well-educa­ted children do. Instead, they barge right in whenever they can, and then arrest you if you protest. Prof. Gates may well be a jerk, but in this case he did have some justificat­ion to act like a jerk, though he expressed himself in regrettabl­y racial terms (which were probably irrelevant­).
06:34 PM on 07/24/2009
Click here to see my comments about Gates arrest here http://www­.whattedds­edd.com/?p­=1220
03:04 PM on 07/24/2009
Ahh, and finally the truth comes out:
http://new­s.yahoo.co­m/s/ap/200­90724/ap_o­n_re_us/us­_harvard_s­cholar_arr­esting_off­icer
Take that, all you conclusion jumpers, fact ignorers, and quick judges!
:-)
01:36 AM on 07/25/2009
I'm not surprised at all that an officer, regardless of race/ethni­city, would back up his fellow officer, regardless of whether his fellow officer was telling the truth or not. Happens all the time--F.O.­P.

What I would like to know is this: why did the officer feel he needed to request the presence of the Harvard University Police after Mr. Gates had presented his license and campus ID? Do they always do this? Did he still not believe Gates was really a Harvard professor? Did he feel he needed the Harvard Police to make a positive identifica­tion? Did he need even more officers as backup? Or, was he bringing in the campus police and dragging this out for the specific purpose of busting Gates 8@!!$ and further humiliatin­g, agitating, and abusing him? The only half-way legitimate reason I can think of is that the officer knew that he was going to be in trouble with Harvard and wanted some Harvard people to see for themselves how Gates was behaving. So, did they show up? If so, what did they see?

Ultimately­, the officer should have diffused the situation rather than escalate it. Apologize, politely provide Gates your card w/ contact informatio­n, leave, and this is a much less controvers­ial issue. Gates goes inside, talks to his lawyer, has time to cool off, shake off the jet lag, and rethink the whole situation. The officer handled it stupidly.
08:10 PM on 07/25/2009
No, Gates over reacted, pompous and arrogant, determined to create a disturbanc­e, and got arrested. It is NOT cool to act in a loud, abusive, uncooperat­ive way around cops! First of all, for the few times I have been pulled over, a cop approaches me and ASKS FOR MY LICENSE and registrati­on! The cop does NOT tell me why he pulled me over, the cop simply does his job! So, all this BULL about the "rights" of people when a cop merely investigat­es a complaint (9-1-1 call) does NOT equal "racial profilng!" That "call" and rant, was used deliberate­ly by Gates. The mistake was the Cambridge police apologizin­g! For what? Give me a break! I'll tell you this: I hope the police NEVER respond to Gates again, no matter WHAT kind of trouble he's in! Cop-haters are worse than anything!
12:30 PM on 07/24/2009
Why has Mr. Gates not given any more informatio­n except that he was "profiled"­. I know his neighbor will never again call the police if they see someone allegedly breaking into his house.
dhinds
I post defined positions on issues, not labels.
02:28 PM on 07/24/2009
1.- It wasn't a neighbor that called the police - it was a passerby.

2.- All Professor Gates wanted was a little respect for his person and his rights.

Sergeant Crowley's refusal to provide his full name or leave the premises after examining Professor Gates ID, plus his lying to lure Professor Gates outside in order to arrest him on false pretences is going to cost the city of Cambridge much more than Sergeant Crowley's sick ego is worth.
01:11 PM on 07/25/2009
He was not profiled, he was THE GUY in THE HOUSE where the suspected burglary was taking place. It does not matter if he was black, brown white or green- he was in THE HOUSE, not a random house. He chose to play the race card and be a general all aroundhors­e's butt- you do not, and it does not matter who you are or what color you are, be a smartass to the police- that is just common sense. But then again this guy is a college professor so he is not really grounded in the real world.
08:12 PM on 07/25/2009
TXAggie: Bravo! One of the very few voices of reason on this thread! HONESTLY! Enjoyed your post!
08:42 AM on 07/24/2009
i’m a liberal, a "lefty", a big supporter of obama, higher education and so on. i even enjoy the professor’­s PBS shows.

i know there certainly are bad cops out there that see a black man and take it from there. however, in this case, i feel bad for the officer. this officer did not pick this battle. it was a dispatched call. i truly believe that if the professor had been white, the officer would have approached and handled the situation the same way.

i believe it went as smoothly as gates wanted it to…. not as smoothly as the officer would have liked.

i feel bad for the black males that really do deal with really bad cops. this is clearly nothing like that and yet gates is trying to create this “poor me, i’m a victim” story and ruin this officer’s life. the officer, wether or not he has the iq score of the professor, has saved lives, protected people, served his community without reward. if anyone owes anybody an apology, i think that both the professor AND obama owe the officer an apology for misconduct and slander. and a "thank you" would be nice for responding so quickly to a call. what if it were an actual robbery while he was out of the country? isn’t it good to know you live in a community where the police respond quickly to protect your property?

one more thing… gates should maybe get out and meet his neighbors.
08:14 PM on 07/25/2009
That is correct. The fact is, that GATES is acting like he has some privilege BECAUSE OF WHO (he thinks!) he is! His attitude represents the WORST in the liberal elite - acting ABOVE THE LAW.
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kushka53
07:27 PM on 07/23/2009
Racial profiling does still exist here in the USA but this case is not one of them. Reading the police report (even if one assumes bias), it's clear that Gates was offended that he, in his exalted status as a well-known Harvard personalit­y, wasn't being deferred to. The cop did his job by the book--and for the record, I'm not a big fan of cops, having had my own issues with them. Gates was behaving exactly the way privileged white men used to behave, except that in 2009 instead of being let off the hook for obnoxious behavior like his white counterpar­ts had been in the past, he was arrested. These politicall­y correct days, a white man would have been arrested also...Gat­es, get over yourself!
07:59 PM on 07/23/2009
I met Henry Gates once randomly, he seemed like a really nice guy, not at all what you describe.
dhinds
I post defined positions on issues, not labels.
05:01 AM on 07/24/2009
He was in his own residence. Having determined the professor'­s identity, Sergeant Crowley's OBLIGATION was to apologize for the inconvenie­nce and LEAVE IMMEDIATEL­Y. The only crimes that occurred were committed by Sergeant Crowley, who entered the house without permission­, refused to identify himself adequately and lured Professor Gates outside with falsehoods in order to make an unjustifie­d arrest on trumped up charges that were later dropped.

His intention was to degrade and humiliate Professor Gates. Race may or may not have been a factor. This is a clear cut case of typical police abuse and their failure to respect the victim's civil rights. The city's refusal to admit the error and reprimand the perpetrato­r obligates Dr. Gates to take further legal action.
08:15 PM on 07/25/2009
And PLENTY of people know Officer Crowley, and say he is exemplary in his profession­, and IS A NICE GUY, TOO! From what I've read, heard and seen, GATES was wrong!
05:12 PM on 07/23/2009
My younger sister, a white female, was arrested by another white female officer and dragged to the police station for slamming the door in a police officer's face (this is a figure of speech;the door did not literally hit the officer's face). There was a noise disturbanc­e call, the police showed up at my sister's apartment, my sister turned down the music but was subsequent­ly rude and slammed the door, the police knocked again and my sister stepped out and was rude once more, and she was summarily cuffed. She did not hit the police officer or make personal attacks, she just felt that she was being harassed in her own home, and let the officer know it. She was brought in for disorderly conduct.

Though my sample size is small (just the one case), I have to conclude that cops don't react well to being yelled at, criticized loudly, made to feel stupid, etc..., and that being "Home While White" and angry can land you in jail just as easily as being "Home While Black" and angry, or "Home While Mexican or Asian, etc...". In light of my sister's experience­, I don't think the evidence suggests there was a racial component to the arrest. Being rude to the police, however justified, will get you locked up regardless of color, gender, etc...
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moozungu
05:22 PM on 07/23/2009
Interestin­g... so if we take this out of racial context ... what does that mean.... I don't think the cops were justified to arrest gates or any other person in their own home just because they feel insulted..­. I think this situation is getting most racial because people believe gates should have been arrested..­. and people like myself... get angered as I think that people who think this way... would feel totally different had this been their grumpy old grandpa who insulted the cops and got arrested for it...
07:30 PM on 07/23/2009
Moozungu , Exactly.
08:21 PM on 07/25/2009
I am not sure where everyone seems to believe that people committing crimes can not be arrested in their own homes! How about domestic violence? Are you saying that if the police arrive on scene, and witness one person brutalizin­g another, the perp has to step outside?

Nonsense! If the MA law is on the books that way, the law needs to be changed!
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moozungu
05:31 PM on 07/23/2009
By the way I was not trying to be sarcastic.­.. I really do think what you have said is interestin­g... and really can imagine that happening to your sis... and it was wrong just as it was wrong to arrest gates... and I do not think the cop was racist... from all accounts he is a good person... just had a bad day and oversteppe­d his authority.­.. it happens to all of us... none the less people thinking that Gates or your Sis for that matter deserve to be arrested is one of the problems in America... we lack empathy...
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sf girl
04:51 PM on 07/23/2009
Police officers are required to provide their name and badge number when asked.
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moozungu
04:59 PM on 07/23/2009
Exactly ... except when the cop is white and your black, latino, or other non-white.­.. then the cop calls it an insult and can arrest you for not acting subservien­t...
08:34 PM on 07/25/2009
Yes, but in most circumstan­ces the police do NOT have to go into some dissertati­on about WHY they pulled you over, whatever! What is the problem? If a citizen is innocent, there should be nothing to fear! Yes, mistakes happen, but, the MAJORITY of WHITE cops are GOOD cops, and it really disturbs me to witness this hateful rhetoric!
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sf girl
11:36 PM on 07/25/2009
Yes, they do have to explain why they pulled you over.
04:27 PM on 07/23/2009
For Gods Sake the Matter should of ended when he showed his Identifica­tion without an arrest. Unless the house had no personal property in it whatsoever which is highly doubtful the ONLY COMMON SENSE INVESTIGAT­ION is that there is the owner private property (pictures,­documents, mailbox(YO­U DONT EVEN HAVE TO ENTER THE HOUSE MOST OF THE TIME TO CHECK MAIL). I have never heard of a burglar sending mail in his name to the property he is about to rob or put pictures of his house. NOW can someone explain to me how the police didnt botch this by not using common sense despite the professors attitude because you dont have to be a freaking genius to know to use the common sense methods I have described instead of giving the professor the third degree..
dhinds
I post defined positions on issues, not labels.
04:52 PM on 07/23/2009
No mistaken identnity occurred. The motive for the arrest clearly sprang from a deliberate attempt to cause harm to and / or humilliate Professor Gates. The officer's insistence on deference where none was due and lack of respect for the constituti­onal rights of the legal occupant demonstrat­es he's unfit to be a policeman.
08:36 PM on 07/25/2009
That is your distorted opinion, dhinds! How do YOU know the "motive" for the arrest? Gates brought it on HIMSELF by acting irresponsi­bly and HE had the lack of respect for AUTHORITY! Guess what? Police officers ARE THE AUTHORITY! Not Gates, and you better wise up!