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Henry Louis Gates Arrest 'Avoidable,' Report Says

RUSSELL CONTRERAS and MARK PRATT   06/30/10 07:22 PM ET   AP

Henry Louis Gates Arrest

CAMBRIDGE, Mass. — A black Harvard scholar and the white police sergeant who arrested him last July after a confrontation outside his home both missed opportunities to "ratchet down" the situation and end it more calmly, according to a review of the case released Wednesday.

The independent review said "misunderstandings and failed communications" and a "certain degree of fear" each man had for the other led to the six-minute dispute that ended with the renowned scholar being placed in handcuffs by the veteran Cambridge police sergeant.

Sgt. James Crowley arrested Henry Louis Gates Jr. for disorderly conduct at his Cambridge home July 16 while investigating a possible burglary. Gates alleged he was a victim of racial profiling. Charges were later dropped.

The conflict sparked a national debate on race relations, and President Barack Obama invited both men to the White House for a "beer summit."

"The committee believes if Sgt. Crowley and Professor Gates had been able to make their positions understood, and had made greater efforts to de-escalate the tensions of the encounter, the incident could have been resolved quickly and peacefully," said Charles Wexler, chairman of a 12-member panel that studied the case and wrote the review.

The panel, assembled in September, was made up of law enforcement personnel, academics, and experts on race relations and conflict resolution, none of whom had direct ties to the Cambridge Police Department.

The situation at Gates' home quickly escalated when it shouldn't have, according to the review. The report suggests that Crowley could have more clearly explained what he was doing and why, especially after being shown Gates' license and university ID. For his part, Gates could have used a more respectful tone to address the officer.

Neither man, in interviews with the panel, said he would have acted differently.

The incident was a "textbook example of how a police officer and a member of the community can clash if they do not share a sense of responsibility," according to the report.

Gates turned down a request to comment on the report when contacted via e-mail, deferring comments to his lawyer and fellow Harvard professor Charles Ogletree.

Ogletree said while the report contained some "impressive recommendations about going forward," he was disappointed that it left out contradictions between the police accounts of the call they got from a passer-by to report the incident and the actual transcript of her call. For example, the passer-by never mentioned that the people she saw on the porch of the home were black and never made any assumptions of criminality, Ogletree said.

He said it also plays down the fact that Gates was arrested after showing Crowley his license, with his address, to prove his identity.

"(Police) put an unreasonable burden on a citizen in what he should have done. He did everything he could have done," Ogletree said, adding later that "(Gates) was amazingly outraged that the officer didn't believe he was who he said he was."

In a statement, Crowley said he learned a lot from the process but does not plan to discuss it further.

"I certainly don't expect anyone to fully understand the dynamics of the encounter when they weren't there, but I was pleased that the committee took the time to speak with me and give my account of the arrest," Crowley said. "No one that knows me thought that the arrest was based on race in any way. Arrests are based strictly on behavior."

The panel made 10 recommendations for avoiding similar incidents in the future, including better training for police in de-escalating conflicts, as well as more outreach to the public and academic community to teach understanding of the police department's job.

Crowley "was acting as he was trained," Cambridge Police Commissioner Robert Haas said Wednesday.

But "there's got to be alternatives," Haas said. "There has got to be other ways that we can deal with these kinds of these situations."

Asked if the review committee or the police department reached out to the White House on the report, Haas smiled and said no.

Wexler said both men realized the incident was deteriorating within six to eight seconds, but saw the situation differently and didn't understand the other's point of view.

He said the case was not just about race but class and police authority.

Gates and Crowley have since met many times and have developed "a friendly relationship," Ogletree said.

___

Pratt reported from Boston.

___

Online:

PDF of independent review: http://bit.ly/aqAsiy

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CAMBRIDGE, Mass. — A black Harvard scholar and the white police sergeant who arrested him last July after a confrontation outside his home both missed opportunities to "ratchet down" the situati...
CAMBRIDGE, Mass. — A black Harvard scholar and the white police sergeant who arrested him last July after a confrontation outside his home both missed opportunities to "ratchet down" the situati...
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12:07 PM on 07/22/2010
Amazing how so many of the posters wish to cast blame on the police officer. Read the report that was also backed up by another officer (that is black) and the other officers that witnessed the situation.

Plain and simple. A policeman is called to a home thinking there is a possible burglary going on and runs into a racist black man who shows no respect for the job the policeman is trying to do - to protect and serve.

Gates was very wrong and this would never have happened if he had respected and appreciated that the policeman was there to help protect his property.

I can see why a white police officer would not want to help in a black community for fear of being called racist.

Then we got another black man proving his racism, Obama saying the police acted stupidly without even knowing the facts. If I were the police officer, I would have declined the beer summit saying "no thanks, already had to deal with one racist this week, dont want to have to deal with another".

Some post race president he has turned out to be with stuff like this, letting the black panthers get away with criminal behavior, etc.

MLK is rolling over in his grave and race relations are being set back decades by these actions.
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anthonytaurus
don't f&f me. you dont' know what I'll say next
07:22 AM on 07/02/2010
"The independent review said "misunderstandings and failed communications" and a "certain degree of fear" each man had for the other..."

gun, badge, baton, taser, pepper spray youth + backup VS versus obviously old man

What f'n degree of fear did the officer have??

Was this little old man going to pull a bazooka from the umbrella holder? Maybe he had a street sweeper in broom closet? Nah, he had grenades in the cookie jar?

Riiiiiiiiiiiiiiight. There was a whoooole lot of fear on both sides.
10:05 PM on 07/01/2010
I guess what bothers me more than anything is that the neighbor, who called the police, did not know who Gates was. More than anything this shows the disconnect in our neighborhoods.
09:16 PM on 07/01/2010
If a black policeman had broken into a white woman's house, telling her to prove she was the owner of that house, and she was cuffed, arrested, and dragged out her front door to be video taped by neighbors - how many seconds would it take for that policeman to be fired and the department sued? Ugh, racist hypocrites!
05:55 PM on 07/01/2010
This report does now state the real problems, that is, Sgt Crowley BROKE THE LAW. He violated Dr. Gates 4th and 1st amendment RIGHTS. Additionally Crowley did not respect Dr. Gates as a person to even speak to him to tell him why he was there. Crowley apparently decided to arrest Dr. Gates on sight! it took only ~3 minutes to make the decision. They also did not answer the questions bout the LIES on the report. Dr. Gates needs to SUE in order for the truth to be revealed.
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jourdankr
Plastics.
10:33 AM on 07/01/2010
What insanity! The police officer needed to just calm down, electronically verify the ID, and move along. I know a lot of current and former police officers. They all tell me that part of their training is to remain in control of THEMSELVES, no matter the situation. If this officer couldn't even handle an older man yelling and ranting at him without arresting someone, how can he handle situations that are infinitely more stressful? He needs to go back to the academy.
06:50 AM on 07/01/2010
Arresting someone for entering their own home is "unavoidable" in Boston?? Really??
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03:19 AM on 07/01/2010
Yeah, things got out of hand, on both sides, probably. But Gates and Crowley have moved on, and Crowley redeemed himself by helping to turn down the volume. Gates said that he and Crowley are related. Who knew?

I would love to see Crowley and Gates in a documentary discussing what happened.
02:24 AM on 07/01/2010
I blame Obama. He could have interveined in a more timely manner, before this situation really got out of hand.
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sydneymoon
Dismiss what insults your own soul
09:17 AM on 07/02/2010
Although I admire Obama for trying to reach out and bridge the gap of misunderstanding, I don't think it was his position to intervene.
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11:25 PM on 06/30/2010
Classic case of Race and class! The Cop was surprised and angered over this Black man's status in a white community. The Black Man was angered by the cops demand to
show ID in his own home! One was angered by his perceived FAILURE in life. The other Angered By despite his success he is perceived as a FAILURE!
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Quasi Libertarian
Sometimes you get the bear, sometimes it gets you
10:26 PM on 06/30/2010
Perhaps they should not go to Mr Gates home again if there is another call...let him call that Miller Beer dude on TV to help him out if BHO isn't there...

Perhaps if he had just cooperated with the police this would have went away.
12:28 AM on 07/01/2010
And if the cop had learned that sometimes you just have to put up with disrespectful people, this definitely wouldn't have happened.
06:54 AM on 07/01/2010
Seems to me that if the cop had learned that SOME black folks actually DO live outside the projects this definitely wouldn't have happened.
10:11 PM on 06/30/2010
Gates disdain for white people is the root cause here.
uhavenoface
eat my shorts
10:21 PM on 06/30/2010
gates is literally the most milquetoast, moderate, uncontroversial scholar of african-american studies in the world but yeah dude, whatever, he sure must hate white people. i guess that's why he put together such a great and accurate documentary on lincoln that goes to great lengths to show that lincoln's more racist statements (of which there are many) are more complex than face value suggests, and i guess that's why he brought stephen colbert on his pbs show to track colbert's geneology. that sure is some white people hate
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VirginiaJeff
Waiting for the "Jennifer Government" movie
07:56 PM on 06/30/2010
The report got it right.

The saddest part of the story was this: "Neither man, in interviews with the panel, said he would have acted differently." They both were wrong. And both have missed a good opportunity to acknowledge it, grow, and set a good example for others.
10:15 PM on 06/30/2010
Right and anyone who tells you otherwise is trying to tell you something.
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07:19 PM on 06/30/2010
That report sounds like political sidestepping. The policeman had the responsibility to maintain control of a tense situation without escalation (he was the one with the gun). There is a widely distributed video of a highway patrolman who writes a speeding ticket for a motorist who then proceeds to rant, use profane language, and even call the officer names. The driver even tore up the ticket and threw it out the window. The officer remained calm and allowed the motorist to drive off. End of story. I imagine an officer like Crowley would have shot the driver for being "aggressive" and not "respecting the badge".
10:11 PM on 06/30/2010
Wasn't that motorist later arrested? The last sentence is a riot though, glad you're able to envision imaginary worlds.
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MaeBayB
06:33 PM on 06/30/2010
Finally!!!, Common Sense...!!!