Version with Subtitles.
The first issue is that the 9-11 caller does not ever say "Two Black Men", in fact only in response to the dispatchers question does she say "One looked kinda Hispanic". She also admits that she sees a set of suitcases outside and that she doesn't know whether they actually live there or not.
More from the Cambridge Chronicle
As you listen to the 9-11 Caller talking to Sgt Crowley, you can't hear Prof Gates "Yelling" in the Background.
You do hear Sgt Crowley say "There's an older gentleman who says he lives here - he's being uncooperative, send more units".
The first mention of "Two Black Men" actually comes from Crowley's Police Report.
When I arrived at 17 Ware street I radioed ECC and asked that they have the caller meet me at the front door to this residence. SNIP . As I reached the door, a female voice called out to me. I turned and looked in the direction of the voice and observed a white female, later identified as Lucia Whalen. Whalen, who was standing on the sidewalk in front of the residence, held a wireless telephone in her hand and told me that it was she who called. She went on to tell me that the observed what appeared to be two black males with backpacks on the porch of 17 Ware street.
This is disputed by Whalen's Attorney.
Attorney Wendy Murphy, who represents Whalen, also categorically rejected part of the police report that said Whalen talked with Sgt. James Crowley, the arresting officer, at the scene.
"Let me be clear: She never had a conversation with Sgt. Crowley at the scene," Murphy told CNN by phone. "And she never said to any police officer or to anybody 'two black men.' She never used the word 'black.' Period."
She added, "I'm not sure what the police explanation will be. Frankly, I don't care. Her only goal is to make it clear she never described them as black. She never saw their race. ... All she reported was behavior, not skin color."
So that's one "Lie/Mistake" made by Sgt Crowley. Whalen never spoke to him, never said anything about "Backpacks" (actually it was Suitcases which she mentioned to the dispatcher) and never said anything about "Black Men". She was also technically wrong about the "Hispanic", because Gates driver actually *is* black.
Another is the "Yelling" issue. According to Gates, he was just returning from China where he contracted Bronchitis, and as a result - He Couldn't Yell".
The police report says I was engaged in loud and tumultuous behavior. That’s a joke. Because I have a severe bronchial infection which I contracted in China and for which I was treated and have a doctor’s report from the Peninsula hotel in Beijing. So I couldn’t have yelled. I can’t yell even today, I’m not fully cured.
From Gates view "Uncooperative" means he first refused to come out of the house - which he had every right to do.
I’m saying ‘You need to send someone to fix my lock.’ All of a sudden, there was a policeman on my porch. And I thought, ‘This is strange.’ So I went over to the front porch still holding the phone, and I said ‘Officer, can I help you?’ And he said, ‘Would you step outside onto the porch.’ And the way he said it, I knew he wasn’t canvassing for the police benevolent association. All the hairs stood up on the back of my neck, and I realized that I was in danger. And I said to him no, out of instinct. I said, ‘No, I will not.’
My lawyers later told me that that was a good move and had I walked out onto the porch he could have arrested me for breaking and entering.
in his Police Report Crowley states:
As I stood in plain view of this man, later identified as Gates, I asked if he would come out onto the porch and speak with me? He replied "No, I Wil Not." He demanded to know who I was, I responded "Sgt Crowley of the Cambridge Police" and that I was investigating a report of a "Break-in in progress". He responded with "Why, because I'm a Black Man in America?"
On this they agree, then comes the "Yelling"...
I asked Mr. Gates if there was anyone else in the residence. While Yelling, he told me it was none of my business and accused me of being a racist police officer. While i was led to believe that Gates was lawfully in the residence I was quite surprised and confused by the behavior he exhibited toward me.
I think Gates was quite surprised to have Cop questioning him in his own house.
Eventually Gates provides his ID, after requesting Crowley's ID and not receiving it. Identify established Crowley begins to leave.
As I began to walk through the Foyer of the front door, I could hear Gates demanding my name. I again told Gates that I would speak with him outside. My reason for wanting to leave the residence was that Gates was Yelling very Loud and the acoustics of the kitchens and foyer were making it difficult for me to transmit pertinent information to ECC or other responding units.
Ok, as we can hear when Crowley is speaking on the radio - this would appear to be Lie Number two - and his including this "detail" in the report seems more like an after-the-fact justification for luring Gates outide where a ton of officers (requested by Crowley) were waiting outside.
The thing that really betrays Crowley's Attitude is his statement as his commences the arrest.
I warned Gates that he was becoming disorderly. Gates ignored my warning and continued to yell, which drew the attention of the officers and the citizens, who appeared surprised and alarmed at Gates outburst. For the second time I warned Gates to calm down while I withdrew my department issued handcuffs from their case. Gates again ignored my warning and continued to yell at me, it was at this time that I informed Gates that he was under arrest. Gates initially resisted my attempts to handcuff him, yelling that he was "disabled" and would fall without his cane. After the cuffs were properly applied Gates complained that they were too tight
"Disabled"? What at sensitive guy.
Gates version of this sequence is this:
It looked like an ocean of police had gathered on my front porch. There were probably half a dozen police officers at this point. The mistake I made was I stepped onto the front porch and asked one of his colleagues for his name and badge number. And when I did, the same officer said, ‘Thank you for accommodating our request. You are under arrest.’ And he handcuffed me right there. It was outrageous. My hands were behind my back I said, ‘I’m handicapped. I walk with a cane. I can’t walk to the squad car like this.’ There was a huddle among the officers; there was a black man among them. They removed the cuffs from the back and put them around the front.
According to Gate there were No Warnings, Crowley did not depart the residence walk down the steps and then only walk back up the steps after Gates refused multiple requests to "Calm Down" because he was now "disturbing the peace" (and coincidentally embarrassing Crowley in front of his fellow officers and the public).
That's Lie Number Three.
Also Gates does use a Cane to walk, this is visible in the film footage and was confirmed by Mellisa Harris-Lacewell in her article about Gates in The Nation. Yes, he really is "Disabled" - you officious prick. This portion of the report is clearly intended to paint Gates as a chronic "complainer" and "exaggerator".
The last point is that in the Police Report both Sgt Crowley and Officer Figueroa - who attempts to "corroborate" Crowley's claims - the one truly offensives statement made by Gates was "THIS IS WHAT HAPPENS TO BLACK MEN IN AMERICA" which Figueroa repeats twice in his portion of the report within a single paragraph.
‘What is your name, and what is your badge number?’ and he refused to respond. I asked him three times, and he refused to respond. And then I said, ‘You’re not responding because I’m a black man, and you’re a white officer.’ That’s what I said. He didn’t say anything.
...(Gates is then Arrested)
A crowd had gathered, and as they were handcuffing me and walking me out to the car, I said, ‘Is this how you treat a black man in America?’
From Gates perspective it wasn't an accusation prior to his arrest, it was a question after the fact. The way that both Crowley and Figueroa attempt to distort this statement into a justification for the arrest itself is more than a little distasteful.
It may be that actual racism wasn't involved in this incident, but it's also clear that the catalyst for this was Crowley's Attitude and Tone of Voice which is initially what set Gates on edge by his own admission. Gates may have over-reacted, but he apparently wasn't as "Tumultuous" as Crowley claims he was, merely annoying. Yes, Crowley he did initially give Gates his name (or maybe e didn't since we only have his word on that), but he repeatedly refused to provide his ID and actually Prove he was a Genuine COP to Gates while invading his home. He then places multiple lies on his police report, so it seems to me Gates probably read his tone of voice and the subtext of his intent correctly.
If the Officers Union really wanted a "Trial of Fact" considering both Gates and Crowley agree that the crucial portion of the exchange occurred before both the police and the public, including Lucia Whalen, I think they would seriously regret if any of this had actually came before a judge.