The Gates Arrest: Commenting Before All the Facts Are In

One of the things I’ve always liked about blogging is that it’s a medium that allows one to express their thoughts fully fleshed out. As the heir apparent (if not already the successor) to the old paper diaries people used to keep, blogs are great places to go for insight into issues that might not find anywhere else. However, blogging is also fast becoming a contemporary of the corporate news media, and in some areas, it’s also perhaps becoming the successor to that as well. To be a good blog, I feel that you need to keep a mix of the well thought out analysis posts and the quick paced commentary of what’s happening in the world. That is what we try to do here at Poligazette, and over the past several months, have gone to great lengths to achieve that goal.
However, in becoming another source of news, blogs have inherited a problem that is all too present in today’s corporate media. In the need to gain prominence (ratings for television media, page hits for blogs), blogs and the media often find themselves sometimes commenting or reporting on something before all the facts are in. It happens often enough that it’s become accepted by modern day media consumers. They’ll watch the initial report and then wait to see if there are later additions or changes. They do this because they’ve become accustomed to getting their news right now. I think the rise of the 24-hour news networks pushed it, but even the local stations do it (and perhaps did it before the likes of CNN, MSNBC, and Fox).
This is not normally a problem in major stories. They’ll be reported on rather continuously, whether it’s the death of Michael Jackson, a prominent political story (looking at you Mark Sanford), or something else that’s major. However, for less prominent stories, or ones that may fade away quickly in favor of something else, the final details can lost in the mix of all the news we see daily. Such is the case in the recent situation of Harvard professor Henry Louis Gates, who was arrested at his house this week for disorderly conduct.
Reportedly, Gates got mouthy with a police officer, and accusations of racism flew. In this situation, there are two stories. One in the official police report, and the ones Gates is giving. The story has produced some predictable reactions. Liberals have hounded the Cambridge police department for being racist at worst, or, in the words of President Barack Obama, having acted “stupidly” at best. Conservatives have cited Gates’ actions as justification for his arrest, and some of them have accused him of racebaiting. Then there is a third line of thought, the libertarian position, which focuses on the legality of the arrest on someone’s own property. By the way, all three positions are rather scripted, in my opinion. All sides acting at their stereotypical best.
All sides are, of course, acting on whichever information best suits their ideological positions. For the liberals, they accept what Gates is saying as gospel. The conservatives meanwhile are acting on what the police report says. Well, they can’t both be completely right. Gates can’t have calmly shown the police officer his ID and also be raging on about racist police at the same time. Worse, all the facts (or at least what has been said) have not been compiled into a coherent report. There are missing pieces to it. How can anyone effectively comment on what happened without knowing everything? You can try, but you end up looking pretty silly if it turns out something else happened.
What is (supposedly) well known is what happened after police arrived to Gates’ house. You can read the police report for that. What is not as well known is what happened before they came on the scene. And for that we can really only trust in Gates’ account, which at the time I have no reason to disbelieve. So here it is:
We flew back on a direct flight from Beijing to Newark. We arrived on Wednesday, and on Thursday I flew back to Cambridge. I was using my regular driver and my regular car service. And went to my home arriving at about 12:30 in the afternoon. My driver and I carried several bags up to the porch, and we fiddled with the door and it was jammed. I thought, well, maybe the door’s latched. So I walked back to the kitchen porch, unlocked the door and came into the house. And I unlatched the door, but it was still jammed.
My driver is a large black man. But from afar you and I would not have seen he was black. He has black hair and was dressed in a two-piece black suit, and I was dressed in a navy blue blazer with gray trousers and, you know, my shoes. And I love that the 911 report said that two big black men were trying to break in with backpacks on. Now that is the worst racial profiling I’ve ever heard of in my life. (Laughs.) I’m not exactly a big black man. I thought that was hilarious when I found that out, which was yesterday.
It looked like someone’s footprint was there. So it’s possible that the door had been jimmied, that someone had tried to get in while I was in China. But for whatever reason, the lock was damaged. My driver hit the door with his shoulder and the door popped open. But the lock was permanently disfigured. My home is owned by Harvard University, and so any kind of repair work that’s needed, Harvard will come and do it. I called this person, and she was, in fact, on the line while all of this was going on. I’m saying ‘You need to send someone to fix my lock.’
Next, and generally accepted is the fact that a neighbor had seen the struggle with the door going and saw what she thought were two men trying to break into a house. So she called 911. The story gets a little murkier from this point, and it all depends on whether or not you believe Gates or the police report. However, what is clear, and even admitted by Gates in the above linked interview, is that he started accusing the police of racism. Now, accusations of racism do not necessary make for disorderly conduct, but I do think Gates was wrong to start accusing an officer of racism, as it was not this at all. It was about never about racism. Not on the part of the police officers, anyway.
Now, where are all the facts not gathered in this story? The part about Gates’ door being jammed as well as what really happened after the police arrived. Has nobody contacted the university to confirm Gates’ call to the facilities department? If someone asks a question about that and gets a response in the affirmative, it all but confirms Gates’ story before the police arrived. Of course, some investigation has been done. For example, the Chicago Tribune has talked to a black police officer who was involved in the scene, and supports the arrest because he says Gates was acting strangely. That gives more support to the police report which, coupled with Gates’ own admitted accusations of racism, makes for a clearer picture. Also, the police report notes that a maintenance person arrived at the house after Gates was placed under arrest, which would seem to definitely confirm Gates’ story of a broken door.
There are other, unanswered, questions. Did Gates initially refuse to give his state ID to the officer as the report says? Did the officer refuse to give his name and badge number as Gates says? And did Gates act disorderly enough to warrant an arrest? These things can only be answered with further investigation. I haven’t been able to find any interviews with the onlookers that stopped to see what was going on at Gates’ house. If their stories corroborate the police report, it’ll look bad for Gates. However, if they more closely match what Gates has said, it will look bad for the police department. We won’t be able to find out the true response to Gates’ request for a badge number, as that discussion appears to have been done completely within Gates’ foyer. That one we can only accept either the police report’s account, or Gates’.
Lets be clear. The only pertinent question here are legal ones. Suffice it to say I don’t think raising your voice a little qualified as disorderly conduct, but if Gates was shouting and shouting, that’s another story. Still, we know it wasn’t about racism, and only the liberals are still claiming this. Even the libertarians, who I think are taking a lot of stock in Gates’ account, are only questioning the arrest on legal grounds. I just think we need to know more about the scene, and trying to interview some of the locals who stopped to watch the altercation would go a long way in determining an appropriate answer to this question. It does nobody any good to give a knee-jerk response to something for a situation where we don’t have all the facts. In the case of Gates, some people may be satisfied with all that has been reported thus far, but I am not. There are still some things I’d like to know before making up my mind about whether the arrest was justified.
So, as we can see with the arrest of Professor Gates, there are several unanswered questions. The news media and some of the blogosphere has the “gotta know the news now” bug, but it is often beneficial to wait. On several occasions I have found that waiting lets me know more about a scenario before writing about it. I feel that I am more thorough in my writing when I do. I may have come late to the game, but I’m also better prepared.
That said, there is a place for fast-paced news reporting. I work in the television industry, and a majority of my experience is with television news. I’ve seen how newsrooms work, so I know why they operate on the “need to report now” basis. I get it. Yet, I think it would be better if all news organizations did their utmost best to gather all the facts, report them as a complete package, and recognize any previous errors (newspapers still do this, but TV news rarely does). Blogs are a different matter. They may find themselves now competing with the mainstream media for prominence in news reporting, but on commentary, I would prefer that those authors look at all the facts before coming to a conclusion. You may still have the same opinion if had you given a knee-jerk response but at least you’ll have a better case behind it.
You may have to wait a little longer to get your thoughts out, but I think the end result is worth it.










we’ll see if the PG’s stance remains this way MM – it certainly has had it’s share of knee-jerked posts. I agree it would be good if it remains without it.
I’m speaking generally, of course, and not for PG alone. I believe that the others would agree that the blogosphere would be better off without knee-jerk articles containing scripted responses. But in this article, I speak for myself.
Lucia Whalen is not a neighbor,she works at Harvard Magazine.MA law requires police to
hand over an id card if asked. Cops tend to back each other.Doesn’t mean it is true.
Gates should have been more polite. Crowley suckered him out to the porch for a phony
bust.
The media needs to interview experts in MA law. Just the usual dumb on air food fight.
Gates needs a cane to stand and walk.The photo of him angry and cuffed on the porch
without a cane. A disabled senior is getting rousted.Gates easily wins on that angle.
Whalen may have a hard time working as a fundraiser.
Gates should watch Cops.Crowley and Whalen should be forced to watch PBS.
And the black cop that said it was 100% correct? Was he a – black that sold out to whitey Joe?
Good post Michael. I think there is a lot of ground for appreciation that each party could have perhaps behaved slightly differently and defused the situation before Professor Gates ended up in the back of the patrol car. However, there is another element here – I’ll post further on this later today – ‘the academic-as-arrogant-*@@hole’ element. The same can apply to to cultural and intellectual elites – writers, media personalities, and other groups who generally receive deference or adulation from the public.
I would add that I think most of the primary actors in this drama have not been given especially good advice by their friends and associates, and too many of the secondary parties have encouraged looking at this form a perspective which paints the ‘other side’ in the worst possible light, rather than recognizing a case of misunderstanding due to multiple causes, and agreeing to all back down. President Obama’s decision to comment at all was quite a mis-step for him. Especially for a man who teaches law. He would have been better off to simply say that he wasn’t there and would not comment on an active case.
The Hispanic officer who witnessed some of Gates’ behavior inside the home also supported the arrest, and his account in the arrest report corroborates Crowley’s.
Tully and Interested,
I hope you realize that you are engaging in the same race-based analysis as everyone else:
Why should we be surprised if two minority police officers back their colleague? Just because they’re minorities, they should back up their minority “brother,” if he is telling the truth? It has nothing to do with “selling out to whitey.” If they didn’t, their careers would be over in the department, they would be pariahs – the police union would eat them.
As others people have posted, this has BECOME an issue that is being dealt with almost exclusively through the filter of race, when it was really just as much about class and power, which comes out very clearly in Prof. Gates’ comments such as “you don’t know who you’re dealing with.” Officer Crowley probably just wanted to show Gates who really had the power.
But as long as we’re focused on race, let’s do a thought experiment: What would you do if you lived in a minority community, came home after a log trip, and while you were unpacking from a trip, a black or hispanic police officer, responding to a call from a neighbor that two white people were breaking into the house, came into your house uninvited and demanded your ID? You might or might not accuse him and/or your neighbors of racism, but you would probably not be very happy about it and would might even file a complaint.
Orson, what slightly different behavior do you believe the officer could/should have followed while still staying inside SOP? Crowley acted completely professionally as nearly as I can tell. Gates was by all accounts including his own on the warpath, uncooperative and verbally abusive from the beginning. This was not a case of “misunderstanding,” at least not on the officer’s part. As nearly as I can tell Crowley did it by the numbers. What deviations from SOP do you believe would have been helpful on his part?
I would note that Gates’ account did not include the claim that he offered his DL to the officer until AFTER Gates had spoken with his attorney, and that’s a point of fact that makes a difference. A university ID does not have a home address on it — it may confirm identity, it does not confirm residence. Crowley’s call for university police seems to affirm that he was not offered an ID with residence on it — they would be the natural source to contact for confirmation. And that Gates’ own account indicates he was for the most part uncooperative and verbally abusive from the beginning towards a uniformed officer legitimately investigating a B&E report in an area that had had several B&E’s in the previous weeks, and at an address where the front door had been damaged, as reported in the 911 call.
I would LOVE to hear those audiotapes. I’m willing to offer 2 to 1 that they are in complete conformity with Crowley’s account, and that of Officers Figueroa and Lashley.
It is not illegal to yell at a cop and unless you’re driving a car around your house
you don’t have to show id. If you’re polite and assertive I find that works over 90% of the time. Some cops are just nuts.
I work with Senior disabled. I’ve had them scream,yell and even hit me.Like a good
peace officer you are supposed to stay calm. Don’t take it personal, no revenge.
A long time ago I used to drive a cab and cops would sometimes ask me to help calm
a scene- please drive this person away.
The Atlanta CJ has an interview with Christina Beamud.She is a friend of Gates and
Crowley.I hope she gets invited to the White House booze fest. I think Gates is part
Irish although I could be wrong on that.
Cop Id card-look up General laws of MA. part 1 Adminstration of the Govt.
Title 7 Cities,Towns and Dists.
Chap 41 Police Officers
Sec 98D I.D. Cards
I could be wrong,but I haven’t heard about Crowley giving him his card. I think that
is why Gates followed him out on the porch.Gates may not have the eyesight to read
his badge.The law protects the public from cops giving a phony name.
His playing the race card nulls this thought process.
Exactly the point Matthias. We wouldn’t jump and play the race card – Gates did.
Calling it like it is – if you don’t like that, that’s an issue you’ll have to overcome.
Sec 98D- Each city or town shall issue to every polic officer employee by it an
identification card bearing his photograph and the municipal seal. Such card shall
be carried on the officer’s person, and shall be exhibited upon lawful request for
purposes of identification
From what i understand Gates followed him out on to the porch still seeking a card.
Gates does give a drivers license with his address after giving the Harvard id.
He had to walk back to the kitchen on his cane to get his wallet. He’s on some
meds for his chest infection, so this may have affected his mood.
Anyway he proved to the cop that he lived there.Most bad guys would have run out the
back door as soon as they sensed a cop car. Only a real dummy would answer the front
door.I’m guessing Crowley wasn’t worried about a second bad guy hiding in the house.
Gates has been disabled since he was a kid.What most people take for granted,easily
walking from room to room-can be painful for other people.Throw in jet lag,meds and
old age.Stress from doing the wrong thing- driver forcing the door-instead of carrying luggage in the back door.
Maybe it’s a bad day for Crowley. A local guy from Fresh Pond,maybe he’s never cared
for Harvard people. He feels like a rich prof. is talking down to him.He decides to
take him down to the station,not realizing how famous and connected the guy is.
There is no way the Middlesex county DA is taking it to court. Crowley just wants to
teach the guy a lesson.
Why don’t they interview MA law experts on tv to explain how there’s no way the
charge wins in court. Why don’t they interview tough retired cops that explain it’s
not a good bust.The national coverage tells noting.
Wasn’t Gates profiling the white cop when he assumed that because he was a white person asking he had to be acting in a discriminating way? So many people, black and white have given so much, including their lives to bring all races together in America. Now a hand full of black folks have managed to undo all that had been accomplished. First by hyphenating everyones race. Second by calling some Americans brother but not others, by creating special black groups like the “Black entertainment Network” “The Black Cocus”. I was raised as a liberal, equality, all inclusive person. These groups have single handedly turned me into somewhat of a racist. I’m not proud of that but it is the truth. That is what some of them want to happen.
You’re giving too much credit to Gates’ story. This point is actually unclear since it differs between Crowley and Gates.
Also, the charges have been dropped.
So why not ignore these people? Isn’t that what we do to the likes of neo-Nazis? Or do you also have prejudices against people who have bald heads and perhaps like to ride motorcycles?
Charges of disorderly conduct or disturbing the peace (which is a form of disorderly conduct) are almost always dropped unless there’s another crime being charged in the incident. It’s simply not cost-effective to prosecute them as stand-alone offenses for single incidents, so unless there is a compelling reason (persistent offendors, for example) they are generally not prosecuted. Their main purpose is to provide authority to stop an ongoing breach of the peace.
Why don’t they interview tough retired cops that explain it’s not a good bust.
Because most retired cops would say it WAS a reasonable arrest. Gates was acting irrationally and was verbally hostile amd aggressive and showed NO signs of calming down. Taking him into custody was a judgement call, one made both for the safety of the public and for Gates’ own safety in light of his ongoing irrationally hostile behavior. Remember that the police are not there to interpret the fine points of law on the spot, but to ensure public safety. And in doing so they are trained to err on the side of caution and safety when making judgement calls.
Cop Id card-look up General laws of MA. part 1 Adminstration of the Govt. Title 7 Cities,Towns and Dists. Chap 41 Police Officers Sec 98D I.D. Cards
Which states “Section 98D. Each city or town shall issue to every full time police officer employed by it an identification card bearing his photograph and the municipal seal. Such card shall be carried on the officer’s person, and shall be exhibited upon lawful request for purposes of identification.”
“Lawful request” for ID from an officer is not the same thing as ANY request for ID, and instant compliance is not required regardless of circumstances, a rather absurd proposition. The ID-display requirement is qualified in other sections and in the police manual by “except if impractical or dangerous to the officer’s safety, is likely to jeopardize an ongoing investigation, or a senior supervisor exempts an officer from this requirement as necessary to an officer’s official duties.” Which generally speaking would fit a situation where the officer is alone, without backup immediately present, inside a dwelling just reported as a crime scene, being screamed at by a hostile and verbally aggressive person displaying irrational behavior.
Since you’re poking around MA code for selective citations, you should also read Section 98 on the powers and duties of police officers.
I find it very telling that the neighbors/onlookers have not commented on what they saw that day.
.
We would’ve heard by now if they were critical of the officers. It would’ve been easy for them to jump on the bandwagon and join the chorus of those criticizing the police. Heck, they’d probably be media darlings.
.
But …. speaking out against their neighbor? Who wants to start a feud with a neighbor? Especially if that neighbor is Harvard Professor Gates, the world renowned scholar with – as he reminds us – thousands of Powerful, Important Friends, including President Obama, and the Nobel Peace Institute!
.
Would the neighbors, like Officer Crowley, find that they had “messed with the wrong person”?
.
How would they be treated by the press?
.
Yikes! I predict those neighbors will continue to lay low. Wouldn’t you?
So a smallish 58 year old man yelling at a cop in his house and then his front porch is enough of a safety risk to warrant arrest?
There is absolutely no credible evidence that Gates was a danger to anyone. Crowley should have ignored the abuse and left. To be clear, I don’t think Gates acted well but that does not excuse Crowley’s abuse of power.
It can well be enough of a disorderly disurbance of the peace to warrant arrest, yes. Size and age are not factors. Apparent mental disturbance, agitation, and lack of control are factors.
And as hard as this may be for you to grasp, jeb, you can be on your own property or even inside your own home and still be “in public” for purposes of the law. If you can be seen and/or heard from anywhere over the property line, you’re “in public.”
Abuses of power by police do indeed occur. This does not appear to be such a case. Not even close.
Gate’s hostile actions that day was the way the officer said, I belive that, and I bet that he (Gates) has done this before somewhere sometme,and this is not the first. Police need to show who is in control at all times,the level of force depends on the person.The hostile abuse at the loud nastey tone that Gates was using needed to stop. Gates should have been thanking the police for protecting Gate’s property and responding to the 911 call as fast as they did.