Henry Louis Gates Jr. Arrest: Police Drop Charge

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MELISSA TRUJILLO | 07/21/09 09:28 PM | AP

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In this photo taken by a neighbor Thursday July 16, 2009 Henry Louis Gates Jr. center, the director of Harvard University's W.E.B. DuBois Institute for African and African American Research, is arrested at his home in Cambridge, Mass. Police say they were called to the home of Gates after a woman reported seeing a man try to pry open the front door. (AP Photo/Demotix Images, B. Carter) MAGS OUT

BOSTON — Prosecutors dropped a disorderly conduct charge Tuesday against prominent black scholar Henry Louis Gates Jr., who was arrested after forcing his way into his own house in what he and other blacks say was an outrageous but all-too-common example of how police treat them.

The city of Cambridge called the arrest "regrettable and unfortunate," and police and Gates agreed that dropping the charge was a just resolution – though not one that quelled the anger of one of America's top academics.

"I'm outraged," Gates said in extensive comments made to TheRoot.com, a Web site he oversees. "I can't believe that an individual policeman on the Cambridge police force would treat any African-American male this way, and I am astonished that this happened to me; and more importantly I'm astonished that it could happen to any citizen of the United States, no matter what their race.

"There are 1 million black men in the prison system, and on Thursday I became one of them," he said. "I would sooner have believed the sky was going to fall from the heavens than I would have believed this could happen to me. It shouldn't have happened to me, and it shouldn't happen to anyone."

Gates, 58, is director of Harvard's W.E.B. Du Bois Institute for African and African American Research and is a documentary host. He was arrested upon his return home from China, where he working on his latest film. He said he's now inspired to work on a documentary about racial profiling.

The city of Cambridge, a Boston suburb, released a statement saying the situation "should not be viewed as one that demeans the character and reputation of professor Gates or the character of the Cambridge Police Department."

Gates had just arrived from the airport when he realized his front door was jammed and he couldn't get into the tidy house with yellow clapboard that he rents from Harvard. He asked his driver for help.

Supporters say Gates was immediately considered a suspect because officers were summoned by a female caller who said she saw "two black males with backpacks on the porch," one of whom was "wedging his shoulder into the door as if he was trying to force entry," according to a police report.

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When the officers arrived, Gates was already inside and on the phone with the real estate company that manages the property. He had come in through the back door and shut off the alarm, he said.

Police said Gates was arrested after he yelled at an officer, accused him of racial bias and refused to calm down after the officer demanded that Gates show him identification to prove he lived in the home.

Gates' lawyer, fellow Harvard scholar Charles Ogletree, said his client showed 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 followed the officer onto the front porch as he left his house and was arrested there.

Gates told The Root that the police handcuffed him behind his back but moved the cuffs to the front when he told them he walked with a cane. He noted that at least one of the officers in the group outside his house was black.

He spoke of a "terrifying and humiliating" experience at the Cambridge jail, where he was booked, fingerprinted, photographed and questioned, then locked up in a tiny cell that made him claustrophobic.

He said that he doesn't know the woman who called police, Lucia Whalen, and that "she was probably doing the right thing." Whalen didn't respond to Associated Press requests for comment.

Gates said he harbors more anger toward the officer who arrested "the first black man" he saw and arrested him on a "trumped-up charge."

He said he wants an apology from the officer, Sgt. James Crowley, who hasn't responded to a request for an interview from the AP. He also said he planned to talk to his legal team about the next step.

Gates did not respond to AP requests for an interview Tuesday, and Ogletree did not return a request to comment on the charge being dropped. A message was left for the Cambridge police officers' union.

Other prominent blacks called the confrontation a clear example of racial profiling.

"Under any account ... all of it is totally uncalled for," said Earl Graves Jr., CEO of the company that publishes Black Enterprise magazine.

The Rev. Jesse Jackson said he was unsatisfied with the resolution.

"The charges have been dropped, but the stain remains. ... Humiliation remains," Jackson said. "These incidents are so much of a national pattern on race."

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. In 1997, he was named by Time magazine as one of the 25 most influential Americans.

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AP National Writer Jesse Washington contributed to this story.

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On the Net:

The Root: http://www.theroot.com

(This version CORRECTS woman who called police wasn't a neighbor.)

BOSTON — Prosecutors dropped a disorderly conduct charge Tuesday against prominent black scholar Henry Louis Gates Jr., who was arrested after forcing his way into his own house in what he and o...
BOSTON — Prosecutors dropped a disorderly conduct charge Tuesday against prominent black scholar Henry Louis Gates Jr., who was arrested after forcing his way into his own house in what he and o...
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Blow accompanied his piece in the NY Times with deeply misleading graphs, depicting black men about seven times as likely as white men to answer “yes” to the question, “Have you ever felt you were stopped by the police just because of your race or ethnic background?”

Blacks are about 12% of the US population, whites about 75%. What's the likelihood that when stopped by police, blacks will experience a white police contact, versus whites experiencing a black police contact? Forget good or bad. Just consider, “If I’m stopped, what is the probability that the officer will not be my own race?”

Whites (or anybody) contacted by police have about one chance in eight that the officer will be black--for whites, a different-race police officer. But blacks (or anybody) have six chances in eight that their contact will be a white officer. So, regardless of the question asked, blacks should report six times--600%--the frequency of observing a white officer doing anything, versus whites observing a black officer doing the same thing—whether it’s acting aggressively, chewing gum on the job, or trying to sell tickets to the policemen’s ball.

In the tables, whites report 9% and blacks report 66%. So, blacks are stopped an extra one-in-six times, which ought to be enough to report as a problem. But sixfold is so much more dramatic! Apparently, nobody at the Times or CBS, nor Charles Blow himself has addressed this fallacy in the "supporting" research.

    Favorite    Flag as abusive Posted 05:17 PM on 07/28/2009

Did race have anything to do with the arrest of Professor Gates? Absolutely and Gates is to blame. Gates is Director of Harvard’s African American Research Institute. Based upon his reported behavior I will infer that there is only one issue in Gates’s world – racial discrimination. He sees it even when it doesn’t exist. Sergeant Crowley, on the other hand, trains recruits at the police academy about racial profiling so he is obviously very sensitive and professional about the matter. He wouldn’t have been selected for the position nor agreed to do it if he was the type who engages in racial profiling. What happened? The police get a call that two men appear to be breaking into a house. What should the police have done? Sergeant Crowley goes to the house (which had recently been burglarized) and tried to determine if a burglary was in progress. He asked Gates whether or not he lived there and if he had identification. Gates screams like a mad man about racial discrimination, wouldn’t cooperate and acted like a jerk. Crowley was trying to prevent Gates’s house from being burglarized. Crowley leaves the house and Gates follows behind him outside with his dramatic yet unnecessary tirade. It’s pretty hard to find a police officer anywhere with that much patience and professionalism. Crowley arrested Gates for disorderly conduct and his fellow black officers supported him.

    Favorite    Flag as abusive Posted 08:52 PM on 07/25/2009
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If McCain had won the election, would he have been asked about Gates' run-in with the Law? Hardly.

The request for comment from Obama from a white "journalist" was proffered only because Obama is black. Is that not racist?

Our President is a black man - Get Over It Already!

    Favorite    Flag as abusive Posted 02:30 PM on 07/25/2009
- jeanwny I'm a Fan of jeanwny 11 fans permalink

It is unlikely that any modern police system would not have the names and addresses of residents within their precincts at their disposal. Seems only logical that before they approached the residence they should have been informed as to the ownership and have the name of the resident and the length of time said resident has lived there. Was this some kind of overreaction on the part of both parties, seems to be. It appears to be a he said-he said situation and may be fact that the police were not doing the job according to the information available to them and Professor Gates was hot under the collar when his home was entered by a unpeaceful peace officer.

    Favorite    Flag as abusive Posted 06:58 PM on 07/27/2009
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What am I missing here? Police are called that 2 men were seen breaking into a home. Police go out and find the men in the home. The men explain, the police ask for and recieve proof of identification, the men thank the police for doing their job and the police leave. This is what should have happened. Only the people in the home know what actually happened and so far I've read several different versions. Maybe the police overreacted and maybe they just got tired of being yelled at for just doing their job. Maybe Mr. Gates overeacted or maybe he too was tired, tired of all the racial descrimination that has gone on in the past and still does today despite our electing an African-American President. I would suggest that the police involved honestly look at their own motives and feelings about about whether they were right or wrong and I would suggest that Mr. Gates do the same. Meanwhile let the real racists and those who have made a vocation out of "Racism" close their mouths and go home.

    Favorite    Flag as abusive Posted 02:13 PM on 07/24/2009
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Police never lie. Black people are usually guilty. The Earth is flat. Prof. Gates lawsuit will not result in a multi-million $ settlement.

    Favorite    Flag as abusive Posted 01:48 PM on 07/23/2009
- Diana I'm a Fan of Diana 13 fans permalink

The city of Cambridge, a Boston suburb, released a statement saying the situation "should not be viewed as one that demeans the character and reputation of professor Gates or the character of the Cambridge Police Department."

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After reading about what happened, why would the situation in any way be viewed as one that demeans...professor Gates? A racist non-apology if I ever heard one!

    Favorite    Flag as abusive Posted 10:27 AM on 07/23/2009
- iplaw I'm a Fan of iplaw 28 fans permalink

Power corrupts and police have a lot of power. They suffer from a "group think" that causes them to view people outside of government, and especially minorities as less than human. I became a lawyer exactly because of my personal experience with police harassment.

    Favorite    Flag as abusive Posted 02:10 AM on 07/23/2009

"Hello, is this the police station?"
"Yes. What's the problem, ma'am?"
"Well, I'm looking out my window and there's a guy trying to break in the front door of the house next door."
"What's the description of the guy, ma'am?"
"He's black, about six feet tall, with big ears."
"Address?"
"The house is at 1600 Pennsylvania Avenue."
"OK, ma'am, we'll send officers there right away."
"Thank you, officer."

    Favorite    Flag as abusive Posted 08:58 PM on 07/22/2009
- iplaw I'm a Fan of iplaw 28 fans permalink

Nice.

    Favorite    Flag as abusive Posted 02:11 AM on 07/23/2009

An interesting incident happened at my house in a mostly white Kentucky suburb about 15 years ago. I am a white man. Before leaving work early because of severe back pain, I took for the first time the strong meds prescribed me by the doc just in case. By the time I arrived home I was so stoned I couldn't punch in the right disarm code for the house alarm, just a lot of random combinations. At last I got it right. But the errant keying alerted the security company that a bad guy may have been trying to guess the right code. A police officer roared up. He parked at the foot of the driveway and got out. I stood at the door and told him what happened, including the part about the strong meds. He stayed by his car and didn't ask for ID. He only wanted to know if I were OK, and I assured him I was. Then he left. I often wondered why the officer did not at least ask to see my pill bottle to make sure I was taking a legal drug. I wish I could assure Professor Gates that if I had been him in this incident, the outcome would have been the same. As much as I like our cops here, I simply cannot be sure.

    Favorite    Flag as abusive Posted 10:55 AM on 07/22/2009
- iplaw I'm a Fan of iplaw 28 fans permalink

Its a crap shoot. Cops are like spoiled children, its hard to predict who they will lash out at.

    Favorite    Flag as abusive Posted 02:13 AM on 07/23/2009
- dzent1 I'm a Fan of dzent1 81 fans permalink
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That's because they sent a real human being by accident. All the thugs were over at the lawful demonstrations firing rubber bullets at women and teenagers that day.

    Favorite    Flag as abusive Posted 01:54 PM on 07/23/2009
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The officer writes in his report: "“While I was led to believe that Gates was lawfully in the residence, I was quite surprised and confused with the behavior he exhibited toward me.”

If the officer believed Gates was "lawfully in the residence," why didnt' he just leave?

This author talks about the history of Blacks having to have "freedom papers" which whites can ignore. http://www.thedailybeast.com/blogs-and-stories/2009-07-21/skips-racist-wakeup-call/?cid=hp:mainpromo3

Even the controversy over President Obama's birth certificate is whites merely demanding "freedom papers" from the President.

    Favorite    Flag as abusive Posted 03:12 AM on 07/22/2009
- bdaved I'm a Fan of bdaved 30 fans permalink

For an experienced police officer to say he was "quite surprised and confused" that someone was upset after being confronted in his own home seems disingenuous at best. What surprises and confuses me is that someone would include a statement like that, which is either a lie or an indication of unbelievable naivete, in a police report. Charles Ogletree could have just read Sgt. Crowley's police report instead of making a statement-- it already condemns Sgt. Crowley by itself.

    Favorite    Flag as abusive Posted 03:40 AM on 07/22/2009
- NHBill I'm a Fan of NHBill 16 fans permalink
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Agreed. The police report is very damning of the officer. I doubt that he ever identified himself by name and certainly not badge number. What ultimately shocks me is that the other officers, particularly Harvard cops, could not calm things down. It's apparent that the men in blue stuck together no matter what.

    Favorite    Flag as abusive Posted 01:08 PM on 07/22/2009

Very, Very insightful- Thanks for getting to the psychological core of this phenomenon.

It’s about justifying your existence -- in the face of stereotypical expectations.

1) Black man shouldn't be free (1607-1865)
2) Black man shouldn't be allowed to vote, use public facilities, join a union, get a job anywhere he wants (1865-1965)
3) Black man shouldn't be allowed to live in more privileged quarters than I have, driving a nicer car than I have, going to a better school than I did - something must be wrong! "Why is the Black guy doing better than I am -- What is wrong with him? " It must be affirmative action, 'reverse discrimination” he must have stolen that car, he must be an athlete, he must be a burglar -

Thoughts that have run through the minds of many White people (especially males) throughout the centuries!

The Black response is an emphatic F YOU!

This group of people has earned every ounce of advancement and achievement that they have obtained over the past 45 years. Despite many of your crying and complaining. In fact - they earned their achievement after working 250 years for free before many White folks ancestors had yet to arrive on the shores of the North America.

To denigrate Blacks in this nation is to denigrate the very economic foundation upon which this nation was built. Free labor!!!

    Favorite    Flag as abusive Posted 11:07 PM on 07/22/2009
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This author celebrates that racial injustice like that shown Dr. Gates is visible in US society and not hidden and ignored.

http://www.salon.com/books/feature/2009/07/22/henry_louis_gates/

An interesting read.

    Favorite    Flag as abusive Posted 03:05 AM on 07/22/2009
- Promote I'm a Fan of Promote 9 fans permalink

The Talented Tenth, With A PHD ! Showed His ID , Is Still A N....... WoW !

    Favorite    Flag as abusive Posted 02:28 AM on 07/22/2009
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That is the problem with racial profiling, it doesn't matter who you are. Many celebrities, sports stars, politicians, academics, millionaires, and the like have been stopped for being in the "wrong" car or place because the police did not think a Black person should drive such car or live in such neighborhood.

I hope Dr. Gates can begin this conversion publicly again.

With a Black President, people may be more receptive to hearing that r@cism still exists.

    Favorite    Flag as abusive Posted 02:52 AM on 07/22/2009

Ping, what do you expect youre so stupid, charges were DROPPED, do you know what a plea bargain is? I guess not. when charges are DROPPED, as far as the law is concerned it never happened. He was in his own home he had the right to tell the officer to leave once he produced his ID, the officer had no reason to call other police and its illegal for a policeman not to give their name and badge number when asked, what is it that you dont UNDERSTAND?

    Favorite    Flag as abusive Posted 02:18 AM on 07/22/2009
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Ping needs attention. His comprehension level is minimal.

    Favorite    Flag as abusive Posted 02:20 AM on 07/22/2009
- bdaved I'm a Fan of bdaved 30 fans permalink

No, I really don't think so. I've looked at some of Ping's comments on some other posts and they can be well-thought-out, and I bet you and I and Ping would agree on a lot of things. He's just got his mind made up on this one, and is going to interpret any information in a way that supports what he wants to believe. I believe he's wrong, and he's not doing himself any favors, but I wouldn't belittle his comprehension level.

    Favorite    Flag as abusive Posted 02:28 AM on 07/22/2009
- Ping I'm a Fan of Ping 63 fans permalink

You can disagree with me without calling me stupid. This is your one and only warning.

In a joint statement, Cambridge and the police department said they made the recommendation to the Middlesex County district attorney and the district attorney's office "has agreed to enter a nolle prosequi in this matter," meaning that it will not be pursued

http://www.cnn.com/2009/CRIME/07/21/massachusetts.harvard.professor.arrested/index.html

http://en.wikipedia.org/wiki/Nolle_prosequi
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be sure to read this sentence carefully

"The charges can be reinstated if new information comes to light or the circumstances of the case change during a given period of time, typically 13 months."

If the charges can be refiled, is that really a dropped charge?

    Favorite    Flag as abusive Posted 02:35 AM on 07/22/2009
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"The charges can be reinstated if new information comes to light or the circumstances of the case change during a given period of time, typically 13 months."

You try to add gravitas to these words and want us to note them but they are your fiction of definition. Written by you not the prosecutor in this case, stop the crap this is your last warning.

    Favorite    Flag as abusive Posted 02:39 AM on 07/22/2009
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Yes.

    Favorite    Flag as abusive Posted 02:39 AM on 07/22/2009
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Probable cause can only be established or offered by the officer if he witnessed the attempted break in: you folks are confused about that. PC is not established by some lame_o like Ping, claiming to the police that he saw you do something at all. A "report" of abreak in to the police is not PC and would never hold up, don't you think the Po Po used to do that crap all the time?

The ID: the Supremes recently set this precedent on ID, you only have to provide your name. Not any ID at all, especially in your home, but according to this newest decision, you have to say your name.

In upholding his conviction and the mandatory identity-disclosure law, the majority justices also said the law only requires that a suspect disclose his or her name, rather than requiring production of a driver's license or other document.

    Favorite    Flag as abusive Posted 02:16 AM on 07/22/2009
- Ping I'm a Fan of Ping 63 fans permalink

Did you see this:

Yesterday, the Police Department and Middlesex District Attorney Gerard T. Leone signed a statement with Gates’s lawyers dropping all charges and declared: “All parties agree that this is a just resolution to an unfortunate set of circumstances.’’ They then declined to respond to requests for further comment.

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Apparently there is a signed agreement. That's what I've been writing and taking abuse for all day yesterday

    Favorite    Flag as abusive Posted 02:15 AM on 07/22/2009
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See the interview I cite. Dr. Gates is consulting with his lawyers on how to proceed, including future lawsuits, PBS specials, books.

This "agreement" drops the charges. It does not end the matter. You took a single line a created a whole fantasy.

    Favorite    Flag as abusive Posted 02:18 AM on 07/22/2009
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“I would like a one-on-one with Officer Crowley,” he said in an interview, “and I’d like him to apologize. But that will in no way determine if I sue him, the Police Department or the city. That will all be worked out, but I know I’m not going to let this drop.”

NYT.

Also, see Gates interview as noted below. He is looking at all options, including suing the officer personally, the police and the city.

    Favorite    Flag as abusive Posted 02:23 AM on 07/22/2009
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