Le·gal In·sur·rec·tion

Wendy Murphy, the lawyer for Lucia Whalen, who placed the 911 call which led to the arrest of Henry Louis Gate, Jr., was interviewed tonight on the Greta Van Susteren show. Murphy, speaking for Whalen, stated that Whalen heard Gates screaming at police, but refused to go any further into the details of what Whalen saw and heard. Murphy stated that Whalen wants to put this behind her in light of the accusations of racism made against her after her 911 call.

Significantly, however, Murphy was asked whether Whalen saw or heard Gates acting in such a way as to justify an arrest for disorderly conduct. Murphy stated:

"I think what's fair to say is that she [Whalen] does not believe the police acted inappropriately. Without describing the content of what she heard, there's only one person she heard screaming, and that was Professor Gates." [View the video below beginning at 1:45 in descending time]

While Whalen may not be in a position to make a legal judgment as to whether the arrest was warranted, it is significant that Whalen -- being an eyewitness to Gates' conduct -- believed the police acted appropriately in making the arrest.

The picture of a screaming Gates sufficiently out of control to warrant an arrest -- at least in the view of an eyewitness -- is consistent not only with the description by Sgt. James Crowley, the arresting officer, but also Sgt. Patrolman Carlos Figueroa, who signed an Incident Supplemental accompanying Crowley's report.



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