Post No. 129: “The Facts” Don’t Really Matter

© 2009, the Institute for Applied Common Sense

Being solution-oriented, we’re going to suggest a way to view the public’s response to the arrest of Harvard Professor Gates - without addressing one single fact involved.

That’s because in this day and time, objective facts rarely matter. What people feel and think matter. What really matters is “the facts” as we each see them.

What’s right depends on your view of the world, and how events fit into the world you understand, know, appreciate, or want.

None of us was not present at Gates’ home (and thus have no first hand knowledge). Even though, at least initially, there was no transcript reflecting what was said, or video of the events, many quickly supplied their own assumptions, and formed conclusions about who did what.

Tocqueville, over 150 years ago, warned us this day would come. America must begin to approach our most serious issues innovatively, and stop wishing that they will disappear.

Simply relying on and retrieving our personal worldviews and experiences from our organic hard disks will not serve us well in this far more competitive environment. We’ll get our butts kicked by other nations, particularly totalitarian regimes not playing by our “rules,” if we keep this up, without achieving some resolution.

We read probably over 750 articles and comments on this event. Gates was variously described as arrogant, elitist, bi-polar, degenerate, a fraud, a clown, and proof that affirmative action does not work. Crowley, the arresting officer, did not fare any better. He was described as a thug, Nazi, Neanderthal, racist, and the same list of expletives used to describe Gates. (Maybe some progress was achieved since the expletive spewing crowd used the exact same expletives.)

If we are to gain anything constructive from this “thing,” we should appreciate there are some unresolved issues “in fact” that prompted this reaction.

Everyone’s position is legit.

During our 16 months navigating the blogosphere, there has been no topic about which more people have chosen to express themselves and definitely not this passionately.

Race, class, entitlement, and fairness remain America’s most prominent issues. In a way, this was the “O.J. incident” of our decade, in terms of everyone having an opinion. The economic collapse and the decline of life as we once knew it probably stoked the fire.

It has been suggested that everyone should learn at least one lesson in life from a friend. One of our Fellows speaks of a buddy of over 30 years, from whom he learned two. Once, when he suggested that his buddy did not deserve something, the friend quickly replied, “It’s not about what I deserve; it’s about what I want.”

That friend, a psychiatrist by profession, provided another lesson by relating a pattern observed during marital counseling sessions. The doctor observed how one spouse could bring up factual details of an event 20 or 30 years prior, and then describe, in detail, his or her anger. The other spouse would be shocked, and dispute the factual account. The session would then degenerate into a debate of “the facts,” and who was right or accurate.

He concluded that factual arguments rarely advance resolution objectives.

The Logistician was previously a trial attorney. He once represented employees of a fast food chain who identified an armed robber. The robber forced all but one employee into the freezer. He took the manager into her office, raped her, and then took the money.

One of the employees thought he recognized the robber, and the others bought into it. The accused had a twin brother, and… no more need be said. Charges were dropped, and the accused sued the employees for malicious prosecution.

The jury bought the accused’s argument, and awarded him damages. (Fortunately, the judge set the verdict aside.) The jury felt that the employees made their identification, and choose to pin the crime on just anyone handy.

Solving complex problems going forward (and competing) will require collaboration, appreciation of the views of all citizens, and a search for all facts and contributing factors. All of us have something to say of value, and none of us are just “fringe elements” to be summarily dismissed.

Whether you think someone should be arrested on their property while questioning the motivations of a responding law enforcement officer very much depends on the perspective from which you are watching the play unfold. This seemingly insignificant event is simply symptomatic of some very serious problems festering beneath the surface.

When the 1st O.J. verdict was rendered, the Logistician was in Chicago visiting a corporate client. He later returned to make a presentation before that client, and reps of another company. At the end of the day, a dinner was held. Since it was not a formal dinner, no speaker was scheduled.

However, being a trial attorney and having a personal connection to many of the players involved, he was asked to provide his thoughts as to how people could see “the facts” so differently. That he was even asked speaks volumes about where we are as a nation.

You see, “the facts” don’t really matter. The lens through which you interpret or view them does.

The only way to get beyond that is to borrow the glasses which others wear.

Post No. 127b: Re-Posting of Post No. 122: You Don’t Get Old by Being No Fool

© 2009, the Institute for Applied Common Sense

Last week, a prominent black professor at Harvard was arrested by local police while trying to gain entry to his own home, when he had difficulty opening what he claimed to be a jammed door. Someone in the vicinity at the time, who apparently did not realize that the professor lived there, called the police.

After the arrival of the police, the stories become very confused and distorted.

However, no matter what happened, it is clear that Professor Gates had not read one of our old posts, re-printed below for your enjoyment. If he had, this, which some consider “newsworthy” event, probably would not have occurred. In the interest of minimizing the occurrence of such events in the future, we offer the following:


Sometimes we draw our inspiration from movies. Last week, TCM aired a musical comedy with Fred Astaire.

Astaire plays a popular dancer pursued by female fans. He employs subterfuge and fleet of foot to escape the crowd. He sneaks into a cab and thinks that he has pulled it off.

To his surprise, Joan Fontaine, a member of nobility whose family expects her to announce who she will marry any day, scurries into the cab. She’s trying to avoid being caught by the family’s Chief Steward. They desire that she marry a boy from another noble family; but she’s in love with a city boy.

While trying to enter the cab to retrieve her, the steward gets into a fight with Astaire. A London Bobby arrives and decides to arrest both. Astaire wiggles out by participating in a street dance routine performed by someone imitating him. The Bobby is so taken with his performance that Astaire is able to fade into the crowd.

For those incapable of “dancing out of danger,” the world’s a more serious and dangerous place, for the Police and the populace.

In the 60’s, we were a bit more innocent. Vietnam took care of that. Some say Nixon ended the war upon realizing we were pulling a disproportionate number of poor kids from the projects, training them as guerrilla fighters, and dumping them back into the ghetto… a practice any one could have seen would not end well.

Take a group of radicalized middle class college students occasionally bombing or occupying government buildings, toss in a few government scandals and VP Cheney’s take on our constitutional rights, and you have a recipe for paranoia… on both sides of the badge.

Running down “bad guys” is now a national obsession, and something of which America seems to be proud.

Police car chases are so popular that stations interrupt any broadcast, repeat, any broadcast, to provide updates. There’s even a website devoted to freeway pursuits.

Our target audience for our Common Sense and Personal Responsibility seminars is college students. There’s a high probability that they will, at some point during their educational experience, have an encounter with the law.

(The O.J. “cruise” with Al Cowlings highlighted a couple of Common Sense differences between your run of the mill teenager, and a seriously skilled dancer. O.J. never threatened anybody other than himself, and he kept his speed below the posted limit.)

Here are some things students might want to consider:

One:

If you’re afraid of the Police, or feel some urge to call them dirty names, drive someplace with lots of people (with camera phones) before you pull over. The Police are well aware of the consequences of beating on you in public while being recorded.

Two:

Comedian Chris Rock has a funny piece about talking to the Police when stopped. His advice will get you arrested.

The Police don’t know who you or your Daddy are, they don’t wear body armor to fill out an over-sized uniform, and you may never get a second chance to make a good first impression. (Just ask Sir Charles Barkley.)

Be cooperative; and cognizant of the 25 or so pounds of weaponry he or she carries around all day, every day, along with the steel toe, shiny boots, and be contrite.

Three:

DUIs, drugs, and traffic offenses have become major sources of income for many of our local constabulary, particularly during this economic meltdown. Their income and equipment depend largely on muck-ups, and the number of tickets and convictions they are able to amass.

Keep in mind that management consultants have infiltrated police departments across the land. Law enforcement is now a business, along with prisons. Line up a lawyer and assemble a bail fund in advance if you want to sport your own haircut and flashy set of wheels.

Four:

Leave the party favors at home. If you need to transport the stuff, consider FedEx. If you insist on driving zapped, so you will be. Best thing to do is keep cab fare in reserve, providing you the ability to impress your chosen companion, and get things going early.

Last week, we ran across an article reflecting how things can go bad in an instant. Sixteen year old Robert Mitchell was a passenger in his cousin’s car. Police stopped the vehicle for an expired license plate. Mitchell, a learning disabled boy with a clean record, jumped out of the car. His cousin said he was absolutely freaked and starting sprinting.

The 5’2”, 110 pound kid fled to an abandoned house. Though the Police tried to corner him, he resisted. They responded with their version of non-lethal force, using a 50,000 volt TASER.

Mitchell died shortly thereafter.

One poor choice can chase one for one’s full life, no matter how short. It will undoubtedly also haunt the officers.

Where did it go wrong? What was the first indicator that things were about to spiral?

The Laughingman contends that telling the truth will always set one free. He also maintains that when things go wrong, there are worse things than getting arrested.