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Gates' disorderly conduct charge

Mugshot taken the day of arrest
Date	July 16, 2009
Location	Gates residence, Ware Street, Cambridge, Massachusetts
Participants	Resident Henry Louis Gates, Jr. Sgt. James Crowley Sgt. Leon Lashley Other unnamed officers
Outcome	Charges dropped

Henry Louis Gates, Jr., a Harvard University professor, was arrested at his home in Cambridge, Massachusetts and charged with disorderly conduct on July 16, 2009. The arrest came after Gates and his driver forced open his jammed front door and a local resident called police, interpreting their actions as a possible burglary.

Accounts regarding the ensuing confrontation differ, but Gates was arrested for disorderly conduct by the responding officer from the Cambridge Police Department and led away in handcuffs. The charges against him were dropped on July 21. The incident drew national attention and President Barack Obama was asked a question about the incident at a July 22 news conference on health care reform.

Arrest

On July 16, 2009, Gates had just returned from a trip to China, where he had finished filming a new documentary series for PBS tracing the ancestry of cellist Yo-Yo Ma.. As the front door of his home would not open, Gates entered through his back door. He could not, however, open the front door from the inside, even after unlatching it. Gates states that the lock was damaged and speculated that someone had attempted to "jimmy" the lock while he was away. Gates went back outside and, with help from his driver, forced the door open. Since he rents the house from Harvard University, he next called Harvard maintenance to report the problem so they would repair the damage.

According to the police report the caller notified police after observing "two black males with backpacks" on the front porch, one of whom was wedging his shoulder into the door as though to force entry. A subsequent release of a recording of the 911 call showed that the caller, Lucia Whalen, actually said "I noticed two suitcases" and when pressed by the operator to identify the suspects' race said "one looked kind of Hispanic, but I'm not really sure." The police report also stated that Whalen spoke with Sgt. James Crowley, the arresting officer, at the scene.

After Gates' driver had departed, and while Gates was on the phone with Harvard maintenance, the Cambridge police arrived. There are two published accounts of the subsequent events which led to the arrest of Gates—one in the police report and the other in an interview with Gates:

• According to the police report, the officer asked Gates to step outside, and he refused, saying "Why, because I'm a black man in America?" and "I'll speak with your mama outside". The police also said that Gates initially refused to provide ID, ultimately showing his Harvard ID. The officer wrote in the police report "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".

• According to Gates's version of events, when the officer asked for ID, Gates replied he had to get it inside, and then officer Crowley followed him into his home without permission. After providing both his Harvard ID and his driver's license, each of which having a photo and the latter showing his home address to be the home in which they were standing,Gates repeatedly asked the officer for his name and badge number, which the officer would not provide, instead telling Gates to step outside his home. Gates said that after handing over the two sets of ID, he followed the officer (Crowley) from inside his house onto his front porch, where the officer was able to arrest him for "disorderly conduct" in public. Gates has also denied that he made a reference to the officer's "mama", saying "Does it sound logical that I would talk about the mother of a big white guy with a gun?"

Gates was arrested by Officer Crowley and charged with disorderly conduct. The charges were later dropped by the Middlesex County district attorney's office, upon the recommendation of the city of Cambridge and the Cambridge Police Department. The incident was referred to by authorities as "regrettable and unfortunate;" Officer Crowley said he would not apologize for his actions.

Response

The incident was first reported in The Harvard Crimson, the campus newspaper, the Monday morning after the arrest. Following a write-up by the Associated Press that afternoon, the story spread quickly. When a photograph surfaced, showing a handcuffed Gates being escorted away from the front door, public interest of the arrest increased.

A number of individuals commented on the incident in the days that followed. The Governor of Massachusetts, Deval Patrick, stated that he felt "troubled" about the situation. The Mayor of Cambridge, E. Denise Simmons, suggested that the incident was a "teachable moment" and that she hoped there would be meaningful dialogue between Mr. Gates, the police force, and the general public. Some members of the Harvard community have raised questions about racial profiling and Gates's Harvard colleague, neuroscience professor S. Allen Counter, has come forward alleging harassment by the Cambridge Police. The Reverend Al Sharpton has also discussed the incident and referred to it as one of "police abuse or racial profiling" and said that it was "outrageous" and "unbelievable." Gates argued that the police picked on him because of his race, and said that he would use the incident to raise awareness of alleged police mistreatment of blacks, suggesting that he may plan a documentary about it.

Sgt. James Crowley's history has been noted for his having been chosen by a black police commissioner to serve as an instructor for a Lowell Police Academy course entitled "Racial Profiling," which Crowley has taught since 2004. He tried to resuscitate Reggie Lewis while working as a campus police officer at Brandeis University in 1993. Crowley has received public support from many police officers, including African-Americans, who have spoken on his behalf and who have portrayed him as a good and fair officer. Sgt. Leon Lashley, a black officer who was present at Gates's arrest, said he supported Sgt. Crowley's actions "100 per cent", while another officer in the department was quoted as saying "racism is not part of it, and that is what is frustrating."

Several days after the incident, via her attorney Wendy Murphy, the witness Ms. Whalen has indicated that she was not sure whether a crime was being committed, stating "I don't know if they live there and they just had a hard time with their key" or whether it was a break-in Ms. Whalen recalled, when asked for details by the dispatcher, that she was unsure of their race since she had only seen their backs, and speculated that one of the men might be Hispanic. - Whalen's attorney also "categorically rejected" a portion of the police report, saying "Let me be clear: She never had a conversation with Sgt. Crowley at the scene." Cambridge Police Commissioner Robert C. Haas said that the police report is a summary, with descriptions - like the race of the two men - being collected during the inquiry and not necessarily from the initial 911 call.

David E. Frank, a former prosecutor in Massachusetts who is now a senior news reporter for Massachusetts Lawyers Weekly, commented that, from a legal standpoint, "the decision not to prosecute certainly seems to be the correct one." In his analysis, even if the prosecution could prove all of the disputed factual allegations in Crowley's report, Massachusetts case law does not consider offensive and abusive language to be disorderly conduct per se, and they would be unlikely to prevail in court.

Jon Shane, who spent 17 years as a police officer in Newark, New Jersey and is now a professor of criminal justice at John Jay College of Criminal Justice who specializes in police policy and practice, told TIME magazine that, had he been the responding officer, he would not have arrested Gates after identifying him. He described Gates's behavior as "contempt of cop" which officers are supposed to handle as a first amendment right under the U.S. Constitution. Tom Nolan, a criminal justice professor at Boston University who spent 27 years in uniform at the Boston Police Department, was quoted in the same article supporting an officer's use of discretion in disorderly conduct cases. Eugene O'Donnell, a professor of law and police studies at John Jay College, told the TIME reporter that disorderly conduct is "probably the most abused statute in America."

In an entry on the The Huffington Post, Robin Wells has suggested that Gates and Sgt. Crowley had came away from their encounter with deep grievances: "grievance for being an acclaimed Harvard scholar yet disrespected as a black man, grievance for being disrespected as an officer, verbally assaulted while serving the public good." Wells had suggested that Sgt. Crowley, having verified the facts, should have apologized for the misunderstanding and left. She also felt that Gates could have calmly explained his outrage, and view Sgt. Crowley as doing his job by carrying out an innocent investigation without racial overtones, rather than angrily demanding respect.

President Obama

President Barack Obama responded to Lynn Sweet of the Chicago Sun-Times, who asked for his reaction to the case during a July 22 press conference. Saying that he did not have all of the details and noting that "Skip" Gates was a friend of his, Obama stated that the "Cambridge police acted stupidly in arresting somebody when there was already proof that they were in their own home." This drew criticism from members of law enforcement. Obama also said that while he didn't know "what role race played" in the incident, that "the Cambridge police acted stupidly in arresting somebody when there was already proof that they were in their own home".

Obama's comments sparked a considerable number of comments. James Preston, president of the Fraternal Order of Police Florida State Lodge, stated: "To make such an off-handed comment about a subject without benefit of the facts, in such a public forum, hurts police/community relations and is a setback to all of the years of progress". Preston further warned that "by reducing all contact between law enforcement and the public to the color of their skin or ethnicity is, in fact, counterproductive to improving relationships". In addition, the Cambridge police commissioner, describing the impact of the accusations, commented that "this department is deeply pained. It takes its professional pride seriously". On July 24, 2009, a multiracial group of police officers demanded an apology from President Obama and Governor Deval Patrick for making comments which the police described as insulting. Republican congressman Thaddeus McCotter said he would introduce a resolution in the House of Representatives calling on the president to apologize to Crowley.

Two days after the press conference, Obama stated that he regretted that his comments exacerbated the situation, and hoped that the situation could become a "teachable moment". He also gave his opinion that both the officer and Gates "overreacted" to the situation, and that he planned on the three of them "having a beer" to discuss the situation at the White House.

President Obama contacted both Gates and Crowley. One of Gates's lawyers, Harvard Law Professor Charles J. Ogletree Jr, a former professor of Obama's, stated that "I think the president has taken the right approach by trying to make sure we move forward He's always had the ability to negotiate difficult conversations, and his steps today are an important step in the right direction. I think the president has given his assessment, which makes a lot of sense, and, however you feel about it, it has reduced the temperature and allowed everyone to move forward in a constructive way." Steve Killion, president of the Cambridge patrol officers association, also stated "I'm absolutely pleased with . I think it was a good thing for the president to do. He's the commander in chief, he's in charge. Whether or not he should be involved in local politics, he runs the country. We all want to see this behind us."

In what is now being referred to as "bottle diplomacy", President Obama called both men on Friday, July 24th, and invited them to come to the White House to discuss the situation over beers. The specific brand of beer wasn't mentioned, although it has been reported that the President prefers Budweiser.

Gates has accepted an offer to meet with Sgt. Crowley and President Obama at the White House. Gates also stated in an email to the Boston Globe that "My entire academic career has been based on improving race relations, not exacerbating them. I am hopeful that my experience will lead to greater sensitivity to issues of racial profiling in the criminal justice system. If so, then this will be a blessing for our society. It is time for all of us to move on, and to assess what we can learn from this experience."

In addition, President Obama appeared unannounced at a White House press briefing on July 24 and said "I want to make clear that in my choice of words I think I unfortunately gave an impression that I was maligning the Cambridge Police Department or Sergeant Crowley specifically — and I could have calibrated those words differently." Also, that " I continue to believe, based on what I have heard, that there was an overreaction in pulling Professor Gates out of his home to the station. I also continue to believe, based on what I heard, that Professor Gates probably overreacted as well."

References

1. ^ "Cambridge Police Incident Report # 9005127" (PDF). The Cambridge Police Department. Retrieved 2009-07-23.
2. "Gates's neighbor captured the moment". The Boston Globe. Retrieved 24 July 2009.
3. Phillips, Kate (July 23, 2009). "Blogtalk: Gates, Obama, Race and the Police". New York Times. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
4. ^ "Professor Henry Louis Gates Jr. speaks out on racial profiling after his arrest by Cambridge police". The Root. 2009-07-21. Retrieved 2009-07-24.
5. ^ "Black scholar's arrest raises profiling questions". Google News. Associated Press. 2009-07-21. Retrieved 2009-07-25.
6. "911 transcript on Harvard scholar arrest". Google News. Associated Press. 2009-07-28. Retrieved 2009-07-28.
7. "Analysis: What they saw during the Gates arrest". Google News. Associated Press. 2009-07-26. Retrieved 2009-07-26.
8. "Henry Louis Gates, Jr. Police Report". The Smoking Gun. July 23, 2009. Retrieved July 26, 2009.
9. "CBS News Mobile Story Details", CBSNews.com, 24 July 2009, web: CBSN-5908.
10. Analysis: What they saw during the Gates arrest
11. http://www.nytimes.com/2009/07/26/opinion/26dowd.html
12. "The Gates Case: When Disorderly Conduct is a Cop's Judgment Call". Time magazine. 2009-07-25. Retrieved 2009-07-25.
13. "Gates chastises officer after authorities agree to drop criminal charge - Local News Updates - The Boston Globe". Boston.com. Retrieved 2009-07-22.
14. Khan, Huma; Mcphee, Michele; Goldman, Russell. "Obama Called Cambridge Police Officer James Crowley Who Arrested Henry Louis Gates". ABC News. Retrieved 2009-07-26.
15. Thompson, Krissah (July 21, 2009). "Harvard Professor Arrested At Home". The Washington Post. Retrieved July 26, 2009.
16. ^ "Obama Calls Sgt. Crowley". The Root. July 24, 2009. Retrieved July 26, 2009. {{cite web}}: Italic or bold markup not allowed in: |publisher= (help)
17. "Patrick 'Troubled' By Harvard Professor's Arrest". WBZ / (CBS Broadcasting Inc., Boston). 2009-07-22. Retrieved 2009-07-22. {{cite news}}: Unknown parameter |month= ignored (help)CS1 maint: date and year (link)
18. "Charge dropped against black Harvard scholar". Yahoo! News. Associated Press. July 21, 2009. Retrieved July 26, 2009.
19. Root, The (July 16, 2009). "Henry Louis Gates Jr. Arrested". The Root. Retrieved July 21, 2009.
20. "Prominent Black Scholar Henry Louis Gates, Jr. Arrested After Racism Charge". ABC News. July 20, 2009.
21. ^ McKenna, Barrie (July 25, 2009). "Obama tries to defuse racism controversy". The Globe and Mail. Retrieved July 26, 2009.
22. ^ "Officer at eye of storm says he won't apologize". The Boston Globe. July 23, 2009. Retrieved July 26, 2009.
23. ^ "Obama: I didn't mean to slight Cambridge police". CNN. July 25, 2009.
24. Lavoie, Denise (July 23, 2009). "Cop who arrested black scholar is profiling expert". breitbart.com. Associated Press. Retrieved July 23, 2009.
25. Gates 911 call: Witness not sure she sees crime
26. Ellement, John (July 27, 2009). "Gates caller says she didn't cite race". Boston, MA: The Boston Globe. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
29. "About Us". Massachusetts Lawyers Weekly. Retrieved 2009-07-26.
30. ^ "Making legal sense of the Gates arrest". The Docket. Massachusetts Lawyers Weekly. 2009-07-26. Retrieved 2009-07-22.
31. ^ Rochman, Bonnie (2009-07-26). "The Gates Case: When Disorderly Conduct is a Cop's Judgment Call". TIME. Retrieved 2009-07-26. {{cite news}}: Cite has empty unknown parameter: |1= (help)
33. ^ Sweet, Lynn (July 22, 2009). "Obama tells Lynn Sweet police acted "stupidly" in arresting Gates". Chicago Sun-Times. Retrieved July 24, 2009. Cite error: The named reference "sweetreport" was defined multiple times with different content (see the help page).
34. Cooper, Helene (July 22, 2009). "Obama Criticizes Arrest of Harvard Professor". New York Times. Retrieved July 23, 2009.
35. ^ Trujillo, Melissa (July 24, 2009). "Obama remark on black scholar's arrest angers cops". Yahoo! News. Associated Press. Retrieved July 26, 2009.
36. Cooper, Helene (July 22, 2009). "Obama Criticizes Arrest of Harvard Professor". New York Times. Retrieved July 23, 2009.
37. Jonathan Saltzman (2009-07-23). "Crowley's union predicts Obama will regret remarks". Boston Globe. Retrieved 2009-07-23.
38. Martin Finucane and Tracy Jan (2009-07-23). "Cambridge police commissioner defends officer in Gates arrest". Boston Globe. Retrieved 2009-07-23.
39. Salsberg, Bob (July 24, 2009). "Mass. police unions ask Obama for apology". Retrieved July 26, 2009.
40. ^ McPhee, Michelle (July 24, 2009). "Obama Called Cop Who Arrested Gates, Still Sees 'Overreaction' in Gates' Arrest". ABC News. Retrieved July 24, 2009.
41. ^ Obama, Barack (July 24, 2009). "Transcript of Obama's Remarks on Gates Incident". Wall Street Journal. Retrieved July 24, 2009.
42. MacQuarrie, Brian (July 24, 2009). "Crowley, Gates camps pleased by president's phone calls". Boston Globe. Retrieved July 24, 2009.
43. "Gates Says 'Yes' To Beer With Crowley". The Root. July 24, 2009. Retrieved July 24, 2009.
44. Jan, Tracy (July 24, 2009). "Gates accepts White House meeting offer". Boston Globe. Retrieved July 24, 2009.

External links

• The 2009 Cambridge police arrest report
• 911 call (transcript, audio)
• Police radio communications (The Associated Press)
• The location of the arrest

• Current events from July 2009
• 2009 in the United States
• Cambridge, Massachusetts
• Obama Administration controversies