911 Call, Police Audio In Gates Arrest Released By Police

RUSSELL CONTRERAS   07/27/09 11:44 PM ET   AP

Henry Louis Gates

CAMBRIDGE, Mass. — The 911 caller who reported two men possibly breaking into the home of black Harvard scholar Henry Louis Gates Jr. did not describe their race, acknowledged they might just be having a hard time with the door and said she saw two suitcases on the porch.

Cambridge police on Monday released the 911 recording and radio transmissions from the scene in an effort to show they had nothing to hide, but the tapes raised new questions about how and why the situation escalated.

Gates' July 16 arrest on a disorderly conduct charge sparked a national debate about whether the professor was a victim of racial profiling. Gates, returning from a trip to China, and his driver had forced their way through the front door because it was jammed, and the charge was later dropped.

In her 911 call, Lucia Whalen, who works at the Harvard alumni magazine, repeatedly tells the operator she is not sure what is happening.

Speaking calmly, she tells the operator that she was stopped by an elderly woman who told her she noticed two men trying to get into a house. Whalen initially says she saw two men pushing on the door, but later says one of the men entered the home and she didn't get a good look at him. She says she noticed two suitcases.

"I don't know if they live there and they just had a hard time with their key. But I did notice they used their shoulder to try to barge in and they got in. I don't know if they had a key or not, 'cause I couldn't see from my angle," Whalen says.

She does not mention the race of the men until pressed by a dispatcher to describe them.

"Um, well, there were two larger men," Whalen says. "One looked kind of Hispanic, but I'm not really sure. And the other one entered and I didn't see what he looked like at all. I just saw it from a distance and this older woman was worried, thinking, 'Someone's been breaking in someone's house. They've been barging in.'"

The officer who arrested Gates, Sgt. James Crowley, said in his police report that he talked to Whalen soon after he arrived at Gates' home. "She went on to tell me that she observed what appeared to be two black males with backpacks on the porch," Crowley, who's white, wrote in his report.

Whalen's attorney, Wendy Murphy, said her client never mentioned the men's race to Crowley and is upset by news reports she believes have unfairly depicted her as a racist.

"She doesn't live in the area. She is by no means the entitled white neighbor. ... That has been the theme in the blogs and the implication in some of the mainstream news media," Murphy said in a phone interview Monday.

In his written report, Crowley said Gates became angry when he told him he was investigating a report of a break-in, then yelled at him and called him a racist.

In a radio communication with a dispatcher, also released Monday, Crowley said Gates was not cooperating.

"I'm up with a gentleman, says he resides here, but was uncooperative, but keep the cars coming," Crowley said.

Another voice can be heard in the background of the transmission, but it is unintelligible and unclear if it is Gates.

Cambridge police Commissioner Robert Haas acknowledged that the police report contains a reference to race, but said the report is merely a summary of events.

Gates did not immediately return an e-mail message, and his spokesman did not return e-mail and telephone messages.

Crowley could not be reached for comment. A message left at the police station was not returned, and no one answered the phone at his Natick home.

The professor's supporters called his arrest an outrageous act of racial profiling. Crowley's supporters say Gates was arrested because he was belligerent and that race was not a factor.

Interest in the case intensified when President Barack Obama said at a White House news conference last week that Cambridge police "acted stupidly" in arresting Gates. He later tried to quell the uproar about his comments and invited both Gates and Crowley to the White House for a beer. That meeting was scheduled for Thursday evening, an administration official said on the condition of anonymity because the meeting had not been announced.

David Kennedy, director of the Center for Crime Prevention and Control at John Jay College of Criminal Justice in New York, said he did not think the latest revelations related to the 911 caller would change many opinions on the case.

"My guess is that that adds nothing to the conviction of black Americans that the cops like to lie a lot," Kennedy said. "It's just another example of something they already thoroughly believe, and that if it affects the views of those who generally trust the police, it would affect it in a very small way at most."

Gov. Deval Patrick, a black friend of Gates who last week called the arrest "every black man's nightmare," said Monday he wouldn't apologize for his remarks.

A multiracial group of police officers and union officials supporting Crowley had called on the governor to say he was sorry. But the governor said he wasn't sure why he was being asked to apologize.

Patrick said he acknowledged from the beginning he wasn't at Gates' home to witness the arrest, and he said Crowley seemed to be "a pretty good guy."

___

Associated Press writers Denise Lavoie in Boston and Philip Elliott in Washington contributed to this report.

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03:06 PM on 07/30/2009
Where are the questions from journalists about the discrepancies between the 911 caller's concerns and the officer's made-up facts about black guys with backpacks.
03:19 AM on 07/29/2009
You're all hopeless! Lordy, you Yankees sure are messed up. That's what you get for indulging in slavery and it's going to haunt you white Yankees forever.
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01:00 AM on 07/29/2009
- I can't believe that some on this thread are still defending officer Crowley's false arrest and falsified police statement.

What is WRONG with you people? Do you want to live in a country where citizens can be arrested in their own homes, on trumped up charges, just because the attending police officer takes a dislike to you? Why doesn't that scare the living daylights out of you?

Do you want to have to live in fear of being falsly arrested by your own police forces for upholding your first ammendment rights?
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CaliTLC
Pres. Obama's GOT THIS
01:12 AM on 07/29/2009
All those who STILL defend Crowley are clearly living in an alternate universe. One where they are free to ignore facts, evidence and anything that shines a light on their unsupportable opinions.
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wilray
50,000 Screaming Fans (Ignore that other number)
02:00 AM on 07/29/2009
Obviously, very religious.
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CynAnne
Laureates in Fact and Reality
02:40 AM on 07/29/2009
Former White House Chief of Staff (Finance Committee) Lawrence O'Donnell Jr., wrote this article for TIME magazine: http://www.time.com/time/nation/article/08599191277800.html ..I think Lawrence's post sums up the situation quite accurately, although the Crowley apologists will never have enough common sense to see otherwise...
08:34 PM on 07/28/2009
In most states, there are still laws on the books forbidding the use of foul language in public. Although these laws are seldom enforced, if you've irritated an officer enough, it would give him an excuse for the satisfaction of hauling your dirty mouth downtown. If you were to punctuate your comments with a gesture, for example, you might even be charged with disorderly conduct. So if gates during his tirade as most people do when they are PO'd said even the word sh__, or F__, he could be legally arrested. So if that is the case gates doesn't have Freedom of speech to hide behind.
09:09 PM on 07/28/2009
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=415&invol=130

Lewis v. New Orleans - In 1974 an ordinance with the following language was found to be unconstitutional by the US Supreme Court:

"It shall be unlawful and a breach of the peace for any person wantonly to curse or revile or to use obscene or opprobrious language toward or with reference to any member of the city police while in the actual performance of his duty."
09:16 PM on 07/28/2009
Wrong.
05:05 PM on 07/28/2009
Hopefully after they have a few beers, they'll ask Crowley to step outside for better acoustics and arrest him for drunk and disorderly.
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wilray
50,000 Screaming Fans (Ignore that other number)
10:13 PM on 07/28/2009
In vino veritas. In wine there is truth. Give him some vino and find out what really happened.
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CaliTLC
Pres. Obama's GOT THIS
01:07 AM on 07/29/2009
Good one. Just arrest him for being drunk in public, whether disorderly or not. But first, they need to make sure that a crowd has gathered outside before Officer Crowley joins them.
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MyNameIsJames
What should a person say in their micro-bio
11:49 AM on 07/28/2009
We need a full scale investigation of the police Report that Crowley filed led by the Mass State Attorney General

Suspicion
falsified police report
false arrest
12:20 PM on 07/28/2009
LMFAO!!!!!

Tell me why we have not heard even a boilerplate statement from Harvard supporting Gates?????
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dhinds
A Collection of Quotable Gems
01:18 PM on 07/28/2009
It doesn't jive with the image Harvard wants to project.

The initiative must come from Gates and he too has other interests to attend.

Furthermore, the President's intervention was designed to place the incident in the past, which obviously means the roots of the problem will remain intact.

A few observations:

The Dangers Inherent in Docile, Subservient Societies

They gives rise to:

False patriotism and an unquestioned abuse of authority;

A nation too easily led to war;

Impunity and a police force out of control;

A nation of sheep (on the one hand) and lunatics (on the other).

Why did Crowley do it?

Because he's gotten away with it so many times before.

Covering his own back (constructing crimes) while acting out his own ego-centric delusions of grandeur (sense of privilidge and importance).

This incident points out the need for in-depth psychological profiling of all individuals licensed to carry firearms (especially the police and including the military), along with Citizen Review Boards for greater community oversight.

If the USA is a nation of law, no one and nothing is above it - especially those charged with upholding it.

Obama was able to pass legislation requiring the videotaping of police interrogations. Has he forgotten the reasons that became necessary?
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CynAnne
Laureates in Fact and Reality
05:46 AM on 07/29/2009
Hmmm, it took me less than five minutes to find this, from Harvard's official school newspaper, Charles: http://www.thecrimson.com/article.aspx?ref=528594 ..from now on, do your own homework, silly thing..! ;) ...
09:27 AM on 07/28/2009
I think the professor's loud and unruly behavior was suspicious. He should have been prepared to answer questions after breaking in his house. The policeman would have had to consider landlord/tenant issues (reason to call in the University police - had the locks been changed etc?), he would consider the other man and if the professor was trying to get arrested in order to prevent some burglery or get away from the other man?

The officer was there to protect the home and protect the homeowner. He did that - even with the arrest.

When the professor continued to give interviews and blogging claiming police abuse and racial profiling, the professor turned this situation into race baiting. When he called on the President to back him up, and the President did by calling us all stewpid, it became something totally different than the original incident.

I see the original incident as one of a man so tired and so warped in his thinking that his pride would not let him move on from a lawful "catch and release" arrest. Gates became obsessed with pride and willing to create racial division for no reason other than his pride.

And they told us it didn't matter who the President's friends were.
10:00 AM on 07/28/2009
Don't you think you should have based your comment on something close to reality. This doesn't even match Crowley's falsified version of events and it doesn't match the recordings. Your comment is a hypothetical fantasy designed to apologize for the iIIegal behavior of Crowley.

The "catch and release" was not lawful in any way. It was a violation of Gates' right to free speech. Even if Crowley had been telling the complete truth, Gates committed no crime.

But Crowley was not telling the truth. He Iied on the police report about several important points. He failed to properly identify himself and he entrapped Gates by asking him to come outside. He abused his power by arresting a man for yelling at him (which the US Supreme Court ruled over 30 years ago is not a crime).

You are almost correct in how you see the incident. However, it is Crowley whose pride would not allow someone to dare to question his actions. He became obsessed with pride and was willing to trash an innocent man's civil rights and public reputation for no other reason than his pride.

What "they" told us is that "they" believe the police should have unlimited power to arrest anyone for anything, regardless of whether that person has committed any crime. I sincerely hope you are not next.
10:14 AM on 07/28/2009
I know there may be fabrications created by some police officers for purposes of arrest. This I dare say is not one of those situations.

Officer Crowley did not "lure" Mr Gates to a public place - the porch. Mr Gates was so out of control as to follow the officer as he left continuing to hurl insults any officer might think were intended to get himself arrested. It would make me suspicious - did Mr Gates want to get away from the other man in the house?

Also, I think your interpretation of the police report is incorrect.

When Officer Crowley met the 911 caller in front of the house, she was also still with the elderly woman. They likely both told the officer what they saw. Or since it sounds like the 911 caller is saying she is calling for the elderly woman, her report may be the one the officer took.

See what the President taking the professor's side has done? Now everyone is bashing white police officers and trying to say Officer Crowley lied and creating some kind of racial divide.
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06:42 PM on 07/28/2009
What is the relevance of Professor Gates' "suspicious behavior"? How was Professor Gates "protected" by his own arrest? At what point did Professor Gates call on President Obama "to back him up"? When did President Obama call anybody, much less all of us, "stewpid", or stupid for that matter? How is justice served by a "catch and release" arrest"? Why should the taxpayers and the justice system have to absorb the cost of such an arrest which serves no purpose but to protect an officer from hurt feelings?
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Darcman
Don't B afraid of the Darc!
07:44 AM on 07/28/2009
The tape clearly indicates that ID was established and that this cop was informed about who he was dealing with! Everything that happened can be explained up until the moment of Prof. Gates arrest! It was at that point that things went in an ugly direction! Prof. Gates was the victim of a false arrest pure and simple, he was arrested because he didn't show the proper respect! We use to call it being uppity!
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wilray
50,000 Screaming Fans (Ignore that other number)
05:00 AM on 07/28/2009
There is one last thing I am going to do before I go away for a while. In no particular order.

American
African
Chinese
Japanese
Caucasian
Cambodian
Jewish
Arab
Moroccan
Quebecois
French
German
Filipino
Ethiopian
Puerto Rican
Black
Mexican
Congolese - Kinshasa
Moldavian
Native American

These are the nationalities/ethnicities of friends, good friends even close friends. I don't mean people who are just friends at work, or are just friends at school, or are just friends because we belong to the same organization. I mean friends that I hang out with, vacation with, spend time with, and friends who I can call if I am in a jam, and friends I will lend a hand to if they need it. You will notice also that I did not put -american to keep the list short. Also understand that when I say Japanese I mean as in born and raised in Kobe. And when I say German I mean born and raised in Munich, and when I say French - born and raised in Nantes. And I won't say this list is exhaustive. However, make your own list and take a look at it. So if anyone wants to accuse me of prejudice, please understand, I will totally ignore you.
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PAposter
Radical Progressive
09:27 AM on 07/28/2009
Beautiful!
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wilray
50,000 Screaming Fans (Ignore that other number)
05:42 PM on 07/28/2009
Your stats are impressive - positively prolific. Where do you find the time? And your avatar -seems to say no nonsense.
02:27 PM on 07/28/2009
Just throwing this out there, you separtaed Black and America. Don't you think thats a little prejudice? I mean I can trace my family by name back to at least 1830 born in the United States do i now count as American? Am i still some kind of exotic foreigner?
03:01 PM on 07/28/2009
Then why are blacks wanting to be called african american... hell most black people never evn been to africa, let alone know a relative that has...what connection do black people have with africa other than their skin color..because i know a lot of cubans and dominicans that are black...should we call them african cuban american or african domican americans?
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wilray
50,000 Screaming Fans (Ignore that other number)
05:21 PM on 07/28/2009
1. I said that my list was not exhaustive.
2 I didn't want to do "-american" as in hyphenated american
3. Did you notice that I also separated out Caucasian
4. When I say American I am including everyone who is American regardless of their ethnic origins.
5. I didn't put down European, though to be exhaustive I should have, as well as Asian
6. To be exhaustive I also could have listed New Zealander, he was white. However I have had a few Maori friends, but I won't list them because I consider our friendship to be more casual.
7. I also wanted to list only race or ethnicity. However, I did make an exception for Jewish which is technically a religion.

You'll also notice that I listed Black and I listed African. Sometimes when I have had persons use the term African-American it just wasn't appropriate. I was once asked if there were many African-Americans in Paris. My answer was not so many cause they're French. The person's question was actually about the number of Black persons in Paris. Also, you may find this hard to believe. In France, how shall I put this. Arabs tended to be lowest on the totem pole - and I mean no disrespect to Arabs.
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wilray
50,000 Screaming Fans (Ignore that other number)
04:21 AM on 07/28/2009
I think I have spent enough time on this blog. I am going to Hulu to rewatch the very first episode of Season one of "It's Always Sunny in Philadelphia." The episode is entitled "The Gang get's racist" Sunny Philadelphia is probably politically incorrect in almost every way imaginable, but it's one of my favorite shows to watch. It's the only show since "Taxi" that brought Danny DeVito back to the small screen. I think he just wanted in. He starts in Season 2. Also the writer-producers of the show, who also star in it, made the pilot on a shoestring budget of less than $200.

http://www.redorbit.com/news/entertainment/307550/danny_devito_to_return_to_small_screen/

http://en.wikipedia.org/wiki/It's_Always_Sunny_in_Philadelphia
03:16 AM on 07/28/2009
Today I defended Michael Vick and was called a typical black person. I also defended Crowley and was called a white person. The truth is I am neither, and the other truth is that both the RIGHT and LEFT are just as intolerant.

Stay Free

Stay Smart

Stay Independent.

Don't be a sheep. Always think for yourself.
03:19 AM on 07/28/2009
i support michael vick also
03:20 AM on 07/28/2009
Crowley lied.

Accept it.

Peace.
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dhinds
A Collection of Quotable Gems
04:51 AM on 07/28/2009
He didn't just lie. He committed crimes. He conspired, he entrapped, abused his authority and deserves to lose it (not beer in the White House).
03:10 AM on 07/28/2009
I have a question................ So since she said one of the men might be hispanic.... should all us latinos be up in arms LOL
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CynAnne
Laureates in Fact and Reality
03:25 AM on 07/28/2009
Only if you're wrongly arrested in your own home, PhxAnGel. Then, yes, being profiled by a cop anxious to assert his 'authority' over you should have you, and your brethren, "..up in arms..", indeed...
03:09 PM on 07/28/2009
well gates wasnt wrongly arrested IN his his own home...he wasn't even IN his home...the cop was leaving after gates showed his ID.....Gates FOLLOWED the cop outside and continued his rant in front of the crowd...he was warned several times and IGNORED those warnings...Its gates MOUTH that landed him in cuffs. Are you just choosing to believe bits and pieces that suit your argument or are you unwilling to admit gates provoked this situation, maybe you defend people being disrespectful to police and uncooperative, maybe thats how you will raise your children...well i choose to raise mine with common sense....when the police ask me a question im not going to run and get my hispanic card and start waving it a him, I will answer with respect. But then again thats me.
03:17 PM on 07/28/2009
gates wasnt profiled by a cop...there was a 911 call and the cop responded to that address......the cop wasnt walking down the street and sd Hmmmmm theres a black man i think i'll go harass him.....get off the bandwagon sister and come up with your own thoughts and make sure they are correct this time.
02:46 AM on 07/28/2009
Haha when you really look at it the fact is Crawley arested him in his own house in a small city whose biggest employers are probably Harvard and MIT and they arrested one of Harvard most famous professors. Its like arresting a top exective in a company town for breaking into their own house. For those who don't know a little bit about Gates:

Gates has been the recipient of nearly 50 honorary degrees and numerous academic and social action awards.
Gates was named a MacArthur Fellow in 1981.
He was listed in Time among its “25 Most Influential Americans” in 1997.
In 2002 the National Endowment for the Humanities selected Gates for the Jefferson Lecture, the U.S. federal government's highest honor for achievement in the humanities.
On October 23, 2006, Gates was appointed the Alphonse Fletcher Jr. University Professor at Harvard University. Gates currently chairs the Fletcher Foundation, and is a member of the Council on Foreign Relations.
He is on the boards of the New York Public Library, Jazz at Lincoln Center, the Aspen Institute, the Brookings Institution, the Studio Museum of Harlem, the NAACP Legal Defense Fund, the Harlem Educational Activities Fund), and the Center for Advanced Study in the Behavioral Sciences.
Gates was inducted into the Sons of the American Revolution after tracing his lineage back to John Redman, a free African American who fought in the Revolutionary War.
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dhinds
A Collection of Quotable Gems
04:55 AM on 07/28/2009
"Crawley arested him in his own house in a small city whose biggest employers are probably Harvard and MIT"

The behavior you describe is consistent with stupidity.

He abused his authority in detriment of those responsible for his own source of income and stature. That's really stupid.
02:12 AM on 07/28/2009
"Wendy Murphy, said her client never mentioned the men's race to Crowley"

Crowley arrested Gates for being blck in his own home.
02:20 AM on 07/28/2009
Charles Ogletree said Professor Gates never raised his voice to Crowley, Murphy said according to Whalen the only person yelling was Professor Gates.

Which is it? Is she credible or not?
02:22 AM on 07/28/2009
"Let me be clear: She never had a conversation with Sgt. Crowley at the scene."

http://www.cnn.com/2009/US/07/27/gates.arrest/index.html
02:02 PM on 07/28/2009
Instead of being selective with your so called facts so that it backs up your small minded opinion, you should probably let everyone know that Murphy's client also stated that Crowley did NOTHING wrong and the only person that she heard yelling was GATES.
06:54 PM on 07/30/2009
If I ask for the Sgt's badge number several times while he is in my house and he ignores me, I would ask louder because apparently the Sgt has a hearing problem. I work with the public and if the public asks for my supervisors name and number, I do not ignore them, I am required to give the public a answer and if I don't give them the answer they require, I direct them to who should have that answer. The Sgt had no right to ignore a citizen, albeit an irate citizen.
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termgirl
terminate nuclear power
02:02 AM on 07/28/2009
The forest can't be seen for the trees. Would a burglar answer the front door, or try to escape?
Would a burglar become insensed as Professor Gates did?
Would a burglar produce two forms of I.D. to prove he was in his lawful residence?.

Since it was obvious that Gates was no burglar, The sargent cuould have simply said sorry for the misunderstaning. If Gates wanted the officer's I.D. it should have been provided. That would most likely have been the end of the story.
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dhinds
A Collection of Quotable Gems
05:03 AM on 07/28/2009
"Would a burglar become insensed as Professor Gates did? "

Incensed? He was logically and justifiably indignant.
02:10 PM on 07/28/2009
So he was "justifiably indignant" because an officer was doing his job to protect the homeowner, whom ever that may have been? How is profiling somebody because of their uniform and color of skin, justifiable?