.
KW: The opinion piece here, excerpted below, provides an excellent analysis of the Henry Louis Gates arrest. Instead of focusing on “Were the police racist?”, the writer, Charles Cherry, focuses on “Was the arrest and were the charges wrong?” It shows point-by-point and with case law how wrong the police were.
Cherry kind of off-hand concludes that there was not racism, just incompetence. I would argue that both existed. I believe that if Henry Louis Gates were white, the police would have been more apologetic for questioning him. And, in addition, if all the police at the scene had sympathy about racism, they would not have reacted so defensively if and when Henry Louis Gates suggested racism.
From the end-notes about the writer: “Charles W. Cherry II is a practicing attorney and former South Florida prosecutor. He is also the publisher of the Florida Courier and the Daytona Times.”
(excerpt from) The Toledo Journal / Point of View
Obama’s correct, cops did act ‘stupidly’
By: Charles Cherry II / 7/29/2009
Let’s do what the ”mainstream media” have not done: factually and legally analyze Harvard professor Dr. Henry Louis Gates’ arrest by Cambridge (Mass.) Police Department Sgt. James Crowley…
”Behavior that has an impact only upon members of the police force is significantly different from that affecting other citizens in at least two respects,” wrote the court, [in a similar case] citing the code. ”It is an unfortunate but inherent part of a police officer’s job to be in the presence of distraught individuals … one must suppose that [police officers], employed and trained to maintain order, would be least likely to be provoked to disorderly responses.”…
The bottom line: having a loud, animated disagreement with a cop in a private setting is not a crime.
Crowley is a veteran cop and training officer. For him to arrest Gates without evidence of the ”public element” required by Massachusetts law shows at best bad judgment and egotism – at worst, incompetence.
For the entire Cambridge Police Department, including Sgt. Leon Lashley, the black cop who was there on the scene, to support and ratify Crowley’s incompetence proved Obama’s comment that the whole department ”acted stupidly” is true. Their stupidity is compounded by arrogance, in which they request that Obama apologize to their department…
Gates should sue. Crowley and his department will then be forced to publicly admit their error – in front of a jury and the world.
__________
KW: Reflecting on this story made me realize: This whole story is a big trap for those of us who love justice. So many people are fired up about “Is it racism or is it not?”, that they are forgetting another important issue, “Is it police abuse or is it not?”
So many white people want Henry Louis Gates to be wrong, that they are starting to defend the police. That means starting to give political ammunition to the government and police that it is okay for them to arrest people who get upset when they are falsely accused or falsely arrested. [You know, it could be YOU next time! What if the police try to wrongly question you in your home?]
As noted by Cherry above, our Constitution and courts of law have supported our rights as citizens when faced with arrest (either supportable or false arrest). The courts have said, “”It is an unfortunate but inherent part of a police officer’s job to be in the presence of distraught individuals … one must suppose that [police officers], employed and trained to maintain order, would be least likely to be provoked to disorderly responses.” And, we should give up that analysis and those rights, and allow police to act more aggressively, because we don’t want to admit that there might just be a little racism left in our society and institutions?
Filed under: News, politics, progressive politics, social & economic justice, US Politics Tagged: | Cambridge, Criminal Justice, Henry Louis Gates, instituation racism, Police Abuse
Judge Andrew Napolitano on Fox news says it was a false
arrest. He also says Crowley entered the house illegally
He doesn’t mention that Crowley broke MA police Id card
law by not handing over id card when asked.
Gates follows him on to porch still asking for one.
Crowley calls for wagon while still in the house. He is
planning to arrest him before he supposedly broke the
law.
Just saying I’m Sgt. crowley is not legal enough.
I agree the officer was wrong. He made an unlawful arrest. Perhaps he isn’t racist. He isn’t the first police officer to make a false arrest under similar circumstances. Victims can be white as well as not. I know of at least one instance where several young males – mostly/all? white) were arrested for disorderly conduct, inside at a private party, when they objected to the police barging in and pushing them around. Some of the language wasn’t the best, but the police didn’t belong there in the first place. This sort of thing undoubtedly happens much more often to persons of color.
Hello, Betty!
Thanks for your thoughts and example.
Peace,
Kimberly
“So many white people want Henry Louis Gates to be wrong, that they are starting to defend the police.” You really are the problem, Kimberly Wilder. You need to learn to stop driving away readers. You’re not better than anyone but your little everyone-I-disagree-with-is-a-racist pose gets real old. You need to try reading Bob Somerby at The Daily Howler who explains how elitists like yourself drive people away.
http://www.dailyhowler.com/dh072909.shtml
Your claim, quoted above, cannot be backed up but it sure makes you feel superior to everyone else.
Dear Keesha,
I respectfully disagree with your take on things.
Also, I believe that some of our different perspectives may be because I was falsely arrested by police. And, when the judge acknowledged it and dismissed the “criminal” case, I learned in my civil suit that police have so many defenses under law, that they often get away with anything.
Yes, I am white. But, the police first try things out on the weakest among us (ie: people who seem to have less rights in our system or who are marginalized or discriminated against.) Then, when they get away with it, they get arrogant and start applying it all around.
I want to stop the cycle. I want to make sure that police are accountable every time.
Keesha, have you ever been falsely arrested?
Thanks,
Kimberly Wilder
Dear Kimberly,
Thank you for your refusal to address the issue. You can’t prove your statement which is presented as fact when it’s not. You refuse to comment on the link I left even though Bob Somerby’s been online long before you. You offer you have been falsely arrested. So you’re explaining your bias?
No, you’re trying to play the victim.
Do it with a non-Black, Kimberly, I’m not interested in weeping for you.
You orginally called Crowley a racist, now you’re accusing him of police brutality.
Realtiy check, you weren’t there.
You don’t know what happened. But time and again, you have imagined what you think happened and every time Gates was 100% innocent and Crowley was 100% guilty.
You have no connection to the working class and you are the type of person who runs off working class voters.
Somerby outlined that repeatedly, including in the link I provided.
Before attempting to ‘discuss’ this subject next, try learning to say the words Ava and C.I. had the bravery too “I don’t know.”
http://thirdestatesundayreview.blogspot.com/2009/07/tv-goody-liar.html
PEW’s study released this week wasn’t just of White people and you would do well to grasp that the police departments are not all White and are a source of advancement for people in my community so the stance you choose where the police are always in the wrong really doesn’t play well.
Keesha,
I addressed the issue of racism in the post you responded to. Just because you don’t believe me, doesn’t mean I am not stating my opinion.
I do not have time to read every link someone wants me to read. But, if I have time I will get to your Somerby’s link.
Some people’s definition of working class is, “Are you forced to work?” And, since I have been forced to work most of my life, I guess I am connected to the working class. Though, if it is okay with you, I am only working temporary and part-time of late, because my husband’s mom passed away and we are dealing with feelings and cleaning out a house.
In addition, my father was a mechanic. He made about thirty-something thousand dollars a year (in the 80’s and 90’s). So, I guess that means I was brought up working class, as well.
There was no reason for the police office Crowley to arrest Professor Gates. And, there are many indications that it was based on an overall sense in the mind of police officers and our society that black people are likely to be “wrong”, and it is easier to get away with harming a black person. It is also pretty clear from the narrative that Crowley thinks that if a black man says “things are racist”, a white person has a right to be angry and defensive and shut him up. (Actually, there is another point where there is definitely racism. EVEN IF Crowley was not racist, the major media was racist. Many media clearly tried to blame Professor Gates, and make him look like he deserved to be arrested, for saying things to the policeman like you are doing this to me because I am a black man. So, if nothing else, the media reports were clearly racist.)
We live in a society with many vestiges of racism. I strive to fix the situation and heal the situation. That is why I call out racism when I see it. Especially when I can point it out in people who mix their racism with privilege and power — such as white policemen.
Thanks,
Kimberly Wilder
Keesha,
I read the Daily Howler article you pointed out by Mr. Somerby. Well, I will admit, I skimmed it. It is kind of sarcastic and full of hate and personality attacks, like a lot of what passes for blogging these days. Really, I could care less to discuss Gennifer Flowers as the author did in the top article. And, he threw out so many nasty adjectives, I could not understand if he hates Obama or Hillary or both. Not very good writing. (Though, yes, I am getting old. Maybe I am not cool enough to understand.)
Anyway, I think that the following from the Daily Howler article is despicable:
Screw Mr. Somerby for writing that. And, may he someday be forced to take off his belt by a member of law enforcement. It is not for us to say that being forcibly imprisoned for a few hours is not a humiliating and damaging thing. I ask again, Keesha, “Have you ever been falsely arrested?”
If you are falsely arrested, it blows your mind that the people who are officials, who in some way are supposed to serve and protect, are being wrong. And, it makes you wonder how wrong they can get to be. It is frightening. When I was being wrongly taken away, I thought, “They have lied and handcuffed me and I am in a car alone with them. What are they going to do next?” The five minute trip to the jail changed my life. And, my two hours was even more frightening and humiliating. Didn’t need four. (Oh, Keesha, did you ever have to take a crap in a jail cell, in the open, with the sound of people laughing around you and a camera on you?)
So, if someone can dismiss a citizen, whose rights are being violated, spending “only” four hours wrongfully imprisoned, then, I don’t care much of what else that person has to say.
It is a red herring, and an attempt to dismiss people’s compassion, to say that it is wrong to care when a black professor is treated somewhat badly, because other black people are treated more badly. We should not tolerate anyone, at any time, being harmed due to racism and discrimination. Professor Gates’ case got more attention this time, because he has titles, and he is friends with the President. Other times, cases have received attention because they were unique, or the victim was a celebrity. But, yes, we should all try to fight all racism, all the time. No reason to denigrate people when they do a little, or do their best to fight racism when they can see it and understand it.
Thanks,
Kimberly Wilder