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Gates not first black Harvard prof stung in Cambridge

 
In December 2006, Dr. S. Allen Counter, a longtime member of the Harvard faculty, was arrested for a crime that never happened. (Photo courtesy of Harvard University)

Many media commentators called the smackdown on Ware Street in Cambridge a draw. The general assertion is that both Professor Henry Louis Gates Jr. of Harvard University and Sgt. James Crowley of the Cambridge Police Department were equally at fault. And Middlesex County District Attorney Gerard T. Leone Jr. is characterized as having the Wisdom of Solomon because he dismissed the charges filed against Gates.

All of these conclusions are substantially flawed.

The incident began when Crowley responded to a 911 call of a possible break-in at Gates’ house. When Crowley arrived, Gates was already inside. According to Gates, when he noticed Crowley he said, “Officer, can I help you?” The answer was, “Would you step outside on the porch?”

“And the way he said it, I knew he wasn’t canvassing for the police benevolent association,” Gates said in an interview posted on The Root, a Web site of which he is editor-in-chief. “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 … ‘No, I will not.’”

Good citizens are usually instructed by their parents to be cooperative with the police, but this is not always good advice for African Americans in Cambridge. There have been a number of abusive conflicts between blacks and the police and the criminal justice system. Most egregious of these is the case of Professor S. Allen Counter, a longtime member of the Harvard faculty and the director of the Harvard Foundation.

One December evening in 2006, Counter was at home preparing materials for his classes the next day when there was a knock at the door. A police officer, William Macedo, asked Counter to step outside to speak with him and other officers. Imbued with good citizen training, Counter did so, and even went from his porch to the street at their insistence. There, the police unceremoniously put him in handcuffs and arrested him.

Counter had no idea why he was being arrested, and the police refused to inform him. At the time, Counter described it as a “Kafkaesque moment.” The stress of the arrest caused Counter to experience cardiac difficulties. He was taken from the police station to Cambridge City Hospital, where he was subjected to the humiliation of being handcuffed to the bed and placed under police guard.

Still seething from the indignity of that experience two and a half years later, Counter fumed, “The police use the power of their badge to criminalize African Americans. They seem to delight in branding black professionals as criminals.”

African Americans in Cambridge were horrified by the Counter arrest. Black professionals quickly became astute in the law. They learned not to leave the sanctuary of their homes, even for an apparently benevolent police officer. Gates was wise to refuse Crowley’s invitation to step outside. Gates knew that without a warrant, Crowley had a very limited right to enter the house and effect an arrest.

However, Crowley did not feel so constrained. He arrested Gates on a spurious charge which was based on the fact that Gates spoke harshly to him — not in a public place, but in Gates’ own home. There is no such crime, and the district attorney deserves no credit for dismissing the case. He might not have done so if there had been no publicity surrounding the arrest.

Leone demonstrated little wisdom in the Counter case. Counter was accused by his former wife of trying to push their 17-year-old daughter, Philippa, from a moving car while driving through Harvard Square. Philippa is 5 feet 10 inches tall with a sturdy build and she was wearing a seat belt.

Counter was guilty only of having admonished his daughter for her poor grades in high school. He did not want her to leave school early to travel abroad over the Christmas holiday. When she became hysterical because of Counter’s “interference,” he drove her home.

Her mother, who had not been with them, called 911 to file a complaint of assault and battery. Macedo responded to the call, saw no bruises or marks on Philippa, and was unable to get a plausible statement of the facts from her. In his later report to the state Department of Children and Families, Macedo stated he was unclear about what had happened. Nonetheless, he arrested Counter, who had no criminal record or restraining orders.

The case of the mythical incident was tried by Assistant District Attorney Kate M. Kleimola on Oct. 17, 2007, with the approval of Leone. Philippa testified that her father never tried to push her out of a moving car, a statement she had made earlier in e-mails. Kleimola denied that she was aware of these documents, even though Counter’s lawyer Willie Davis insists that he gave them to her. Counter was found not guilty in a very brief trial.

There is something wrong with police procedures in Cambridge. According to reports, only six minutes passed between the time that the 911 call came in and Gates was cuffed. Counter was arrested for a crime that never happened. Both now have Criminal Offender Record Information, or CORI, reports. The district attorney’s office seems to be incapable of imposing any restraints on police recklessness.

Crowley’s conduct indicates that he is part of the problem. Gates’ stand has exposed a crisis that needs deliberate and immediate attention.



Aug 11 17:15pm by sanlynn_2000@yahoo.com [66.31.48.51]

As a student, I recall meeting Dr. Counter in a pleasant setting, and would see him occasionally thereafter walking through Harvard yard.  I always spoke to him, and he spoke back, even though I don't think he remembered the event like I did.  All the students I knew had only positive things to say about him.  I pray that telling his story will bring any needed reconciliation to him.  Blessings.

 
Aug 9 20:35pm by Citizen for Justice [207.172.72.28]

I believe that Dr. Counter did not make a fuss about the miscarriage of justice he suffered at the hands of Cambridge police because he knew these racists would come out with their baseless attacks on his character. Now that professor Gates has suffered the same indignities by a member of the Cambridge police, Dr. Counter felt that it was time to speak out. For hudreds of years blacks have suffered many injustices and indignities and chose to leave matters to God. If they spoke out, they would be villified, and sometimes jailed and even lose their lives. I keep reminding my sons that although we have Obama as President,  racism is still alive and well in the USA, so be verrry careful. If this happened to two reknowned black professionals, then imagine what is happening to young black men everywhere. I also think that there is a lack of respect for Dr. Counter and Professor Gates. Could there be a bit of jealousy because these men are black and have such high standing at Harvard? I think so. If the police need respect they should give respect also.

 
Aug 9 19:24pm by 67.105.237.229

Why don't you people get a life! You are so ignorant. you go from media to media leaving your ignorant comments.  You don't diguise yourselves we all know your racists tradmarks.  Afterall this is Boston, Mississippi.  The whole point of the Counter article idiots is to demonstrate a pattern of behavior among law enforcement in Cambridge and Black men.  Given your historical revisionist  tendencies I guess you will  deny that amadou Diallo was not shot 44 times by NYPD will reaching for his wallet; or Abner Louima was not secually assaulated with a plunger while in the cutody of NYPD or Sean Bell an unarnmed Black man gunned down in a hail of 50 bullets by NYPD while leaving his bachelor party.  Yes the list goes on!   I am convinced the many loser racist underachievers  who a mentally unstable are in law enforcement. What is needed is a some kind of psychological pre-screening to weed out this nutballs before giving them a badge and a gun.  CP  

 
Aug 9 14:50pm by A concerned Resident [66.31.41.145]

This article is (for lack of a better word) pointless. In the wake of the whole Gates fiasco

did Allen think his little arrest would stir controversy to the same magniture as Gates?

Bay State .. please don't print such ridiculous articles. Thank you!

 
Aug 7 9:24am by Baldwin Community resident [76.19.67.208]

It is utterly horrifying that Mr. Counter would ever actually draw attention to his actions. How is attempting to shove his daughter out of a moving vehichle is a racial issue?? I'm utterly confused. And honestly, shameful that the BSB would induldge this mans attempt to try and capitalize on the attention H. Gates has been getting. However, not as shameful as using that poor girls name, describing her as "sturdy", as if she could defend herself someone, and then turning it around completely and insinuating that she was hysterical and blaming it on her grades. What does any of this have to do with race? It is so clearly a domestic issue. And, I'm sorry Mr. Counter, when you are involved in criminal matters and need medical attention, you're treated to same as any other alleged criminal, black, white or blue. Truly sad that he is doing a huge disservice to race issues by trying to use a non race issue for his own professional advancement.

 
Aug 6 21:09pm by former acquaintance [76.24.24.20]

What is wrong with this man - is his ego so big that he needs to print lies and put his young daughter out there to be embarrassed and horrified by having her name printed in this article which can be viewed by anyone.  Does he not care about her personal well being and safety.  Shame on him and the BSB for putting a defenseless young women out there!  This is a personal family matter and should not have been used to push lies to sell newspapers!  If he was so upset about this incident that supposedly took place in December of 2006 - why did he not write about it in the article that he composed in the Harvard Crimson about racial profiling on May 25th, 2007.  This is the link to that article:  http://www.thecrimson.com/article.aspx?ref=519006.  Maybe you all should do your homework before crying wolf and ruinning the life of a young girl.

 
Aug 6 17:28pm by a person [66.31.41.145]

Great grammer, Runninbear.

Really? The BSB just had to post this article? Well, I'm sure Dr. Counter feels blessed to know his name is in the papers, but I do not understand why this article was written three years after? Kudos to the BSB for posting such a ridiculous article.

 
Aug 6 14:05pm by landnsdad [64.45.173.162]

Hello there and good to see the Bay State Banner hanging in there.

Pretty sloppy reasoning in this piece.  According to your own reporting Leone had a complaint from the wife.  He also had documents from the daughter averring that Counter had tried to push her out of the car.   Again from your own reporting, she didn't recant until trial and then also, implausibly, tried to deny knowledge of the emails.  What the hell was Leone supposed to do?  A reasonable conclusion is that the whole story is true and she just recanted at trial because she didn't want her father to get convcted.  What if Leone had ignored this and then, God forbid, something worse happened next time?  I doubt your hindsight analysis would consist of "well, you have to leave people in their houses alone."

I agree completely that African-Americans have very good reason to enter into encounters with the police with some trepidation, but neither of these cases supports that position very well, I'm sorry to say.  I am kind of surprised that Counter is even bringing this up now.  I think it makes him look really bad.

 

 

 
Aug 6 11:02am by Cambridgeresident [24.61.16.190]

Sorry, Counter, no Sympathy. And shame on the BSB for this article. Problem is, this story and the timing seem only opportunistic and self-serving. What does this arrest have to do with the fact that Counter is black? Police responded AFTER A 911 CALL BY HIS WIFE and the allegation itself was pretty serious. I understand that Counter didn't like the indignity of being placed in handcuffs and arrested by that's what police can do when someone calls 911 on you. The BSB is fanning flames and only perpetuating the polarization of elite blacks and the Cambridge Police. I am not saying that police don't stereotype and that blacks are consistently treated differently than whites by law enforcement. But, please have some discretion and thought before shouting (or insinuating) racism in the media. I respect the BSB, but journalistic integrity is different from blatant partisan editorializing . Many assumptions made in this article. Allegations need not be turned into fact or truth. Counter is entitled to his perception and his experience is his own. I am not discounting it, but nobody likes being suspected and questions by the police. But in this case, it seems they were very well justified in doing it. 

 
Aug 6 9:45am by Runninbear [98.20.27.3]

Now this is a case where the black man got shafted byhis wife and the police,but was it white officers who did the arrest,and (is this mans wife white like gates) a fact necessary to say this was a racial profiling,and the fact that his wife was the one actually making a complaint that he had done wrong.I know how a teenage daughter can be when told she wasn't going to go anywhere and the tamtum she must have thrown when she got home and her mother got in on the  arguement.Ive raised a daughter of my own and it seems like this couple was raising their daughter separated.Iwould think twice before I acompanied the police any where in this case,but I as a citizen should not be antgonizing the police officer by bringing in his mother.That's someting immature children will do when they are dissing their friends and it always seems to end up in a undesired results.When the officers saw no evidence of the supposed injuries he should have let him go,but it was the wife whos involvment is why the officer aressted him by accusing him of a domestic assault.They should have arressted her for false charges.I wouldn't leave my house either,but I wouldn't be little the officer,In the gates case the black officer was supporting Crowley Iam courious to know what the other officer in this case said and was he white?If he was this would be evidence to support his case,and I do feel the officers went there to aresst this man,on the heresay of his wife,and found NO EVIDENCE to support the complaint they arressrted him anyway? This case not gates has taught me never leave you house to argue a point with officers who came there to effect the arrest of this man.Gates should have used his brains instead of letting his belittling remarks and the chance to strike one for the black cause,and it was about making points for his injustice that he has suffered because of the White man.not that he wanted to straighten out the misunderstanding where a neighbor was trying to help watch a neighbors house,not once did the caller say it was a black man doing the B&E on the tape.

 
Aug 6 0:18am by David Rosen [199.94.70.12]

As presented in the Banner and as reported elsewhere, the potential abuse in the Counter incident seems more egregious tp me than in the Gates incident. It's too bad the Counter incident was not reported publicly at the time when memories were fresh, when facts could more easily be established and when lessons could be learned.

 

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