Nice interview with my former client commenting on the Gates arrest

Feb 10, 2000
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I was surprised to wake up this morning to find that my former client, Al Hixon, was interviewed by the local newspaper about the arrest of Professor Gates. Al, a 270-pound black man, was the victim of a brutal arrest and detention by police responding to a bank robbery committed by a skinny white guy. Al, who has an advanced education in engineering, owns his own construction business, and had no criminal history whatsoever, was injured and traumatized by the arrest, to the extent that even the psychological expert who was hired by the defendants to assess him agreed he suffered from severe post-traumatic stress disorder. We were able to achieve an excellent outcome for him at trial in the fall of 2007.

Anyway, the piece about Al and the Gates arrest is here. I encourage you to take a look, but here are excerpts.

I was impressed with Al's reasoned and thoughtful tone, but that's the kind of person he is.

For Golden Valley man, Gates' arrest all too familiar

Jeff Wheeler, Star Tribune


On the morning after the symbolic beer on the White House lawn, the beer that was not promising to be a racial summit or the beginning of a new era or even a time for apologies, Al Hixon, a black man from Golden Valley, dropped his 6-foot-2, 270-pound frame into a café chair and talked about the day he was mistaken for a skinny white bank robber.

Hixon watched all last week as the country argued and debated about race and the politics of race. He had listened to pundits and Average Joes dissect the behavior of a cop trying to do the right thing, and a famous black professor indignant over a cop he thought was doing the wrong thing.

They had a beer, and moved on, even though both sides of the political spectrum seem eager to continue to leverage the incident for their own needs.

Hixon has moved on, too, but he hasn't forgotten.

When Hixon first heard that Henry Louis Gates had been mistaken for a burglar and arrested in his home after a confrontation, he knew what would come next. "I could have written the script," said Hixon, a soft-spoken man who paused frequently to say "shabbat shalom," to people at the Jewish restaurant. "It brought back a lot of memories."

So last Friday, Hixon, a business owner and family man who has won awards for community service, just wanted to talk about how people should not judge unless they have been there. In the cop's shoes. In the professor's shoes.

Hixon, at least, can empathize with Gates. In April 2005, Hixon had the misfortune of changing the oil in his car near the scene of a bank robbery. Even though dispatchers broadcast the suspect was white, Golden Valley Police officers quickly descended on Hixon. In seconds, he found himself face down on the pavement, a boot on his neck and his face filled with pepper spray.

Hixon sued. Last year, the city agreed to pay $1.15 million to him and his lawyer after an all-white jury agreed that police used excessive force on Hixon. Racial profiling was not allowed into testimony, but Hixon said race was the unspoken back story of the case, and everybody knew it.

It wasn't the first time Hixon had been stopped by police. "I grew up in the South, where that was common," he said. "If you are black in the inner city, you learn how to deal with police before you can read."

"Discrimination is very subjective," Hixon said. "What is discrimination to a black man might not be to a white man, or a black woman, or an Hispanic person. There will never be a positive discussion on race in this nation until everyone understands you cannot generalize discrimination."

Hixon said the officer who arrested Gates, James Crowley, seemed "like a very nice man. The way he saw it, he was just doing his job," Hixon said. "But I think he went too far. When you are in a position of power, you need more than a high I.Q., you need a high E.Q. -- an emotional quotient."

As for Gates, "he was probably belligerent," said Hixon. "But that is not unlawful. He was in his own home, where he felt safe. I'm sure he's thinking: 'What are you doing to me?'"

* * *

Though he doesn't think President Obama's immediate reaction to the incident will help him politically, Hixon said the meeting between Gates and Crowley was cathartic.

"This has happened, and it will continue to happen," said Hixon. "We need to keep talking about it."

 

theeedude

Lifer
Feb 5, 2006
35,787
6,197
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I know I'd rather make a big scene and be arrested for some BS charge like "public disturbance" than be beaten or killed by cops with no witnesses.
Dead men tell no tales.
 

Genx87

Lifer
Apr 8, 2002
41,091
513
126
I remember you talking about that case 1-2 years ago. What a god damn disgrace. Glad you were helpful in securing a settlement for him.
 

StageLeft

No Lifer
Sep 29, 2000
70,150
5
0
Originally posted by: senseamp
I know I'd rather make a big scene and be arrested for some BS charge like "public disturbance" than be beaten or killed by cops with no witnesses.
Dead men tell no tales.
The hell does that have to do with Gates?

 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
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Originally posted by: Genx87
I remember you talking about that case 1-2 years ago. What a god damn disgrace. Glad you were helpful in securing a settlement for him.

Yep, that's a good thing.

Still, I don't believe his characterization of the events are accurate.

When Hixon first heard that Henry Louis Gates had been mistaken for a burglar and arrested in his home after a confrontation, he knew what would come next.

The police were trying to determine after a report for a neighbor if the person in Gates home was a burglar. Further, he wasn't arrested in his home after a confrontation. He decided to raise a public disturbance outside his home in public.

The circumstances and outcome were completely different than your clients. I'm entirely sympathetic to him, however to remotely equate the two because both happen to be black doesn't hold. There are serious problems with some police. Gates/Crowley isn't a good example of that.


 
Feb 10, 2000
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Originally posted by: Hayabusa Rider

The circumstances and outcome were completely different than your clients. I'm entirely sympathetic to him, however to remotely equate the two because both happen to be black doesn't hold. There are serious problems with some police. Gates/Crowley isn't a good example of that.

I totally agree. I generally side with Sgt Crowley in the Gates incident (though I think it was totally unnecessary to actually arrest him once it was clear he was in fact in his own home). I think Gates overreacted. I don't think Al disagrees on that point.

The police were trying to determine after a report for a neighbor if the person in Gates home was a burglar. Further, he wasn't arrested in his home after a confrontation. He decided to raise a public disturbance outside his home in public.

In fairness to Gates, the only reason he was outside his home is that the police ordered him out. He was inside when the responding officers arrived.
 

cubeless

Diamond Member
Sep 17, 2001
4,295
1
81
Originally posted by: Hayabusa Rider
Originally posted by: Genx87
I remember you talking about that case 1-2 years ago. What a god damn disgrace. Glad you were helpful in securing a settlement for him.

Yep, that's a good thing.

Still, I don't believe his characterization of the events are accurate.

When Hixon first heard that Henry Louis Gates had been mistaken for a burglar and arrested in his home after a confrontation, he knew what would come next.

The police were trying to determine after a report for a neighbor if the person in Gates home was a burglar. Further, he wasn't arrested in his home after a confrontation. He decided to raise a public disturbance outside his home in public.

The circumstances and outcome were completely different than your clients. I'm entirely sympathetic to him, however to remotely equate the two because both happen to be black doesn't hold. There are serious problems with some police. Gates/Crowley isn't a good example of that.

and gates had nary a bruise on him...

and cops end up dead if they have too much 'e.q.'... all you second guessers have never had to be in a situation where your life is potentially at risk and the situation in not under control...

and equating these two situations is part of the problem and why bo got whacked on this... the old guard can't stand that the cop didn't beat the guy up, so now they move on to anytime a black is arrested as their basis for racism...
 
Feb 10, 2000
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Originally posted by: Sawyer
Damn what a payday you must have scored on that one, congrats!

Not really - I am just a lowly associate! My colleague and I actually won about $3.5M in judgments in two trials in a four-month period in 2007.
 

Mani

Diamond Member
Aug 9, 2001
4,808
1
0
Originally posted by: cubeless
Originally posted by: Hayabusa Rider
Originally posted by: Genx87
I remember you talking about that case 1-2 years ago. What a god damn disgrace. Glad you were helpful in securing a settlement for him.

Yep, that's a good thing.

Still, I don't believe his characterization of the events are accurate.

When Hixon first heard that Henry Louis Gates had been mistaken for a burglar and arrested in his home after a confrontation, he knew what would come next.

The police were trying to determine after a report for a neighbor if the person in Gates home was a burglar. Further, he wasn't arrested in his home after a confrontation. He decided to raise a public disturbance outside his home in public.

The circumstances and outcome were completely different than your clients. I'm entirely sympathetic to him, however to remotely equate the two because both happen to be black doesn't hold. There are serious problems with some police. Gates/Crowley isn't a good example of that.

and gates had nary a bruise on him...

and cops end up dead if they have too much 'e.q.'... all you second guessers have never had to be in a situation where your life is potentially at risk and the situation in not under control...

and equating these two situations is part of the problem and why bo got whacked on this... the old guard can't stand that the cop didn't beat the guy up, so now they move on to anytime a black is arrested as their basis for racism...

So Crowley's life was "potentially at risk" from a 58 year old college professor?
 

cubeless

Diamond Member
Sep 17, 2001
4,295
1
81
Originally posted by: Mani
Originally posted by: cubeless
Originally posted by: Hayabusa Rider
Originally posted by: Genx87
I remember you talking about that case 1-2 years ago. What a god damn disgrace. Glad you were helpful in securing a settlement for him.

Yep, that's a good thing.

Still, I don't believe his characterization of the events are accurate.

When Hixon first heard that Henry Louis Gates had been mistaken for a burglar and arrested in his home after a confrontation, he knew what would come next.

The police were trying to determine after a report for a neighbor if the person in Gates home was a burglar. Further, he wasn't arrested in his home after a confrontation. He decided to raise a public disturbance outside his home in public.

The circumstances and outcome were completely different than your clients. I'm entirely sympathetic to him, however to remotely equate the two because both happen to be black doesn't hold. There are serious problems with some police. Gates/Crowley isn't a good example of that.

and gates had nary a bruise on him...

and cops end up dead if they have too much 'e.q.'... all you second guessers have never had to be in a situation where your life is potentially at risk and the situation in not under control...

and equating these two situations is part of the problem and why bo got whacked on this... the old guard can't stand that the cop didn't beat the guy up, so now they move on to anytime a black is arrested as their basis for racism...

So Crowley's life was "potentially at risk" from a 58 year old college professor?

yes, potentially, but not necessarily from gates directly. i was not there, but how was he to be certain that there was no secondary perp (either in league or not with the belligerent) on the site? If the house had been broken into a perp may still be on-site.

of course, this is soooo far fetched... but cops die walking up to houses... and a cop has to be right 100% of the time, because being wrong once can be fatal...


 

WHAMPOM

Diamond Member
Feb 28, 2006
7,628
183
106
Originally posted by: Hayabusa Rider
Originally posted by: Genx87
I remember you talking about that case 1-2 years ago. What a god damn disgrace. Glad you were helpful in securing a settlement for him.

Yep, that's a good thing.

Still, I don't believe his characterization of the events are accurate.

When Hixon first heard that Henry Louis Gates had been mistaken for a burglar and arrested in his home after a confrontation, he knew what would come next.

The police were trying to determine after a report for a neighbor if the person in Gates home was a burglar. Further, he wasn't arrested in his home after a confrontation. He decided to raise a public disturbance outside his home in public.

The circumstances and outcome were completely different than your clients. I'm entirely sympathetic to him, however to remotely equate the two because both happen to be black doesn't hold. There are serious problems with some police. Gates/Crowley isn't a good example of that.
Gates/Crowley is the exact example of abuse of power. Maneuvering a civilian outside his home to punish him with an arrest. A$$:lips:
 

WHAMPOM

Diamond Member
Feb 28, 2006
7,628
183
106
Originally posted by: senseamp
I know I'd rather make a big scene and be arrested for some BS charge like "public disturbance" than be beaten or killed by cops with no witnesses.
Dead men tell no tales.

Rather then the policeman defuseing the situation and leaving?:cool:
 

Fear No Evil

Diamond Member
Nov 14, 2008
5,922
0
0
How much of your former clients settlement did you firm take? How much do you stand to profit from further promoting cases against cops? Seems like its in your own best interest to say the Gates situation as was racist and it translates directly to your bottom line. I guess it doesn't really matter if its racist or not as long as you get the settlement right? Unless you are handling these cases for free, since I don't know you I guess I will withhold judgement until you clarify. But I am always skeptical of a lawyers opinion on issues like this because often YOU end of profiting more than any client does.
 

WHAMPOM

Diamond Member
Feb 28, 2006
7,628
183
106
Originally posted by: cubeless
Originally posted by: Mani
Originally posted by: cubeless
Originally posted by: Hayabusa Rider
Originally posted by: Genx87
I remember you talking about that case 1-2 years ago. What a god damn disgrace. Glad you were helpful in securing a settlement for him.

Yep, that's a good thing.

Still, I don't believe his characterization of the events are accurate.

When Hixon first heard that Henry Louis Gates had been mistaken for a burglar and arrested in his home after a confrontation, he knew what would come next.

The police were trying to determine after a report for a neighbor if the person in Gates home was a burglar. Further, he wasn't arrested in his home after a confrontation. He decided to raise a public disturbance outside his home in public.

The circumstances and outcome were completely different than your clients. I'm entirely sympathetic to him, however to remotely equate the two because both happen to be black doesn't hold. There are serious problems with some police. Gates/Crowley isn't a good example of that.

and gates had nary a bruise on him...

and cops end up dead if they have too much 'e.q.'... all you second guessers have never had to be in a situation where your life is potentially at risk and the situation in not under control...

and equating these two situations is part of the problem and why bo got whacked on this... the old guard can't stand that the cop didn't beat the guy up, so now they move on to anytime a black is arrested as their basis for racism...

So Crowley's life was "potentially at risk" from a 58 year old college professor?

yes, potentially, but not necessarily from gates directly. i was not there, but how was he to be certain that there was no secondary perp (either in league or not with the belligerent) on the site? If the house had been broken into a perp may still be on-site.

of course, this is soooo far fetched... but cops die walking up to houses... and a cop has to be right 100% of the time, because being wrong once can be fatal...

Get some facts right, Gates identified himself inside the house. "Serve and Protect" Cops would then ask the home owner's permission to check the house for possible burglers.
 

CitizenKain

Diamond Member
Jul 6, 2000
4,480
14
76
Originally posted by: cubeless

and gates had nary a bruise on him...

and cops end up dead if they have too much 'e.q.'... all you second guessers have never had to be in a situation where your life is potentially at risk and the situation in not under control...

and equating these two situations is part of the problem and why bo got whacked on this... the old guard can't stand that the cop didn't beat the guy up, so now they move on to anytime a black is arrested as their basis for racism...

Innocent people end up dead from police a lot more often then police end up dead from people. Cops abuse power while trying for sympathy on how dangerous their job is and people like yourself defend them.


Originally posted by: Fear No Evil
How much of your former clients settlement did you firm take? How much do you stand to profit from further promoting cases against cops? Seems like its in your own best interest to say the Gates situation as was racist and it translates directly to your bottom line. I guess it doesn't really matter if its racist or not as long as you get the settlement right? Unless you are handling these cases for free, since I don't know you I guess I will withhold judgement until you clarify. But I am always skeptical of a lawyers opinion on issues like this because often YOU end of profiting more than any client does.

Those poor cops, they only assaulted an innocent person and these dastardly lawyers punish them for that.
 

StageLeft

No Lifer
Sep 29, 2000
70,150
5
0
Originally posted by: Fear No Evil
How much of your former clients settlement did you firm take? How much do you stand to profit from further promoting cases against cops? Seems like its in your own best interest to say the Gates situation as was racist and it translates directly to your bottom line. I guess it doesn't really matter if its racist or not as long as you get the settlement right? Unless you are handling these cases for free, since I don't know you I guess I will withhold judgement until you clarify. But I am always skeptical of a lawyers opinion on issues like this because often YOU end of profiting more than any client does.
I'm taking Don's post at face value. He made money a couple of years ago on his case but it doesn't mean his opinion here cannot be without merit and is poisoned with ulterior motives.

 

Pens1566

Lifer
Oct 11, 2005
13,480
10,926
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Originally posted by: Mani
Originally posted by: cubeless
Originally posted by: Hayabusa Rider
Originally posted by: Genx87
I remember you talking about that case 1-2 years ago. What a god damn disgrace. Glad you were helpful in securing a settlement for him.

Yep, that's a good thing.

Still, I don't believe his characterization of the events are accurate.

When Hixon first heard that Henry Louis Gates had been mistaken for a burglar and arrested in his home after a confrontation, he knew what would come next.

The police were trying to determine after a report for a neighbor if the person in Gates home was a burglar. Further, he wasn't arrested in his home after a confrontation. He decided to raise a public disturbance outside his home in public.

The circumstances and outcome were completely different than your clients. I'm entirely sympathetic to him, however to remotely equate the two because both happen to be black doesn't hold. There are serious problems with some police. Gates/Crowley isn't a good example of that.

and gates had nary a bruise on him...

and cops end up dead if they have too much 'e.q.'... all you second guessers have never had to be in a situation where your life is potentially at risk and the situation in not under control...

and equating these two situations is part of the problem and why bo got whacked on this... the old guard can't stand that the cop didn't beat the guy up, so now they move on to anytime a black is arrested as their basis for racism...

So Crowley's life was "potentially at risk" from a 58 year old college professor?

A 58 year old college professor that requires a cane to walk ....

But the cane is actually a hidden ninja sword that he uses to slay "the man" any chance he gets :)
 

Mani

Diamond Member
Aug 9, 2001
4,808
1
0
Originally posted by: cubeless
Originally posted by: Mani
Originally posted by: cubeless
Originally posted by: Hayabusa Rider
Originally posted by: Genx87
I remember you talking about that case 1-2 years ago. What a god damn disgrace. Glad you were helpful in securing a settlement for him.

Yep, that's a good thing.

Still, I don't believe his characterization of the events are accurate.

When Hixon first heard that Henry Louis Gates had been mistaken for a burglar and arrested in his home after a confrontation, he knew what would come next.

The police were trying to determine after a report for a neighbor if the person in Gates home was a burglar. Further, he wasn't arrested in his home after a confrontation. He decided to raise a public disturbance outside his home in public.

The circumstances and outcome were completely different than your clients. I'm entirely sympathetic to him, however to remotely equate the two because both happen to be black doesn't hold. There are serious problems with some police. Gates/Crowley isn't a good example of that.

and gates had nary a bruise on him...

and cops end up dead if they have too much 'e.q.'... all you second guessers have never had to be in a situation where your life is potentially at risk and the situation in not under control...

and equating these two situations is part of the problem and why bo got whacked on this... the old guard can't stand that the cop didn't beat the guy up, so now they move on to anytime a black is arrested as their basis for racism...

So Crowley's life was "potentially at risk" from a 58 year old college professor?

yes, potentially, but not necessarily from gates directly. i was not there, but how was he to be certain that there was no secondary perp (either in league or not with the belligerent) on the site? If the house had been broken into a perp may still be on-site.

of course, this is soooo far fetched... but cops die walking up to houses... and a cop has to be right 100% of the time, because being wrong once can be fatal...

So you're basing this on complete conjecture. No, there was no second perp present, and Gates already identified himself in his house, and the cop knew it was him.
 

theeedude

Lifer
Feb 5, 2006
35,787
6,197
126
Originally posted by: Skoorb
Originally posted by: senseamp
I know I'd rather make a big scene and be arrested for some BS charge like "public disturbance" than be beaten or killed by cops with no witnesses.
Dead men tell no tales.
The hell does that have to do with Gates?

He made a scene and got arrested for a BS charge.
 

kylebisme

Diamond Member
Mar 25, 2000
9,396
0
0
Originally posted by: cubeless
i was not there, but how was he to be certain that there was no secondary perp (either in league or not with the belligerent) on the site? If the house had been broken into a perp may still be on-site.
And that should have been the Crowley's top priority from the moment Gates had established he owned the house. However, Crowley obviously had no interest in honoring his duty to protect and serve in any such manner, but rather felt more compelled to lure Gates from his house to arrest him instead.
 
Feb 10, 2000
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Originally posted by: Fear No Evil
How much of your former clients settlement did you firm take? How much do you stand to profit from further promoting cases against cops? Seems like its in your own best interest to say the Gates situation as was racist and it translates directly to your bottom line. I guess it doesn't really matter if its racist or not as long as you get the settlement right? Unless you are handling these cases for free, since I don't know you I guess I will withhold judgement until you clarify. But I am always skeptical of a lawyers opinion on issues like this because often YOU end of profiting more than any client does.

I can't disclose my firm's fee arrangement with Mr. Hixon - that is between him and us. I will say that I am a salaried employee and didn't directly receive any portion of our fee.

I don't think I stand to profit at all from "further promoting cases against cops." We have never done a plaintiff's police case before or since, and it's unlikely we'll ever do one again (though I am proud that we won such a resounding victory, including the largest punitive damages award against a police officer in state history, because Al deserved that). Indeed, I am currently defending a police civil rights case on behalf of a local police force and its officers, and the wacky pro se plaintiff actually personally sued me for $10M, alleging racism among other things (his suit against me has been dismissed).

I am not saying the Gates situation was racist - I personally don't believe it was. If anything I side more with Sgt Crowley than Professor Gates (though I do think it was unnecessary to arrest him once it was clear he was in his own home). I do see value in opening up the dialogue on this issue, though, and I think Al articulated himself quite well.
 

kylebisme

Diamond Member
Mar 25, 2000
9,396
0
0
Originally posted by: Don Vito Corleone
If anything I side more with Sgt Crowley than Professor Gates (though I do think it was unnecessary to arrest him once it was clear he was in his own home).
Doesn't a cop luring someone onto public property to arrest him for what is legal were they otherwise would have been constitute entrapment? I"m no lawyer by any stretch, and I don't necessarily believe racism played any motivation in the situation, but all the same it looks like a clear cut abuse of power to me.
 

Pens1566

Lifer
Oct 11, 2005
13,480
10,926
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Originally posted by: kylebisme
Originally posted by: Don Vito Corleone
If anything I side more with Sgt Crowley than Professor Gates (though I do think it was unnecessary to arrest him once it was clear he was in his own home).
Doesn't a cop luring someone onto public property to arrest him for what is legal were they otherwise would have been constitute entrapment? I"m no lawyer by any stretch, and I don't necessarily believe racism played any motivation in the situation, but all the same it looks like a clear cut abuse of power to me.

I made that same statement in the 453453 page thread on the topic and it was ignored. I still thing thats why the charges were dropped.