Testimony of Master Sgt. Rossano Gerald On Racial Profiling Before the Senate Judiciary Subcommittee on the Constitution

Testimony of

Master Sergeant Rossano Gerald

Before The

Subcomittee on the Constitution

Of The

Senate Judiciary Committee

March 30, 2000

Good afternoon Chairman Ashcroft, Senator Feingold and other members of the Committee. My name is Master Sergeant Rossano Gerald. I am glad to have an opportunity to talk with you today about my experience in Oklahoma. The issue of racial profiling is a serious problem in this country today and I am glad to see that the Senate is beginning to take a look at it. I am coming forward to tell my story to try to prevent this from happening again. I don’t want anything like this to happen to my son again.

In August of 1998, I was driving in Oklahoma on my way to a family reunion. At that time I was a Sergeant First Class in the Army stationed in Fort Richie. My 12-year-old son Gregory was with me. As soon as we crossed the border from Arkansas, I noticed patrol cars in the area and began driving even more carefully than usual. Within minutes, an officer pulled me over for “following another car too closely.” He did not give me a citation. Soon after, we stopped to buy gas and use the restroom.

After our break we continued driving. Having been stopped once already, I was driving particularly carefully. I was in the right hand lane when I saw two patrol cars approach on the ramp. I signaled, then pulled over to let them in. I said to my son, “Watch this, I bet they’ll stop me again.” Sure enough, I was pulled over again.

An officer walked to the rear of my car and told me to get into the patrol car. I later learned that his name was Trooper Perry. Once he had me in the car and started questioning me, I told him that my son was still in my car. He left and got Gregory and frisked him before putting him in the back of the patrol car. He told me that I had changed lanes without signaling. I told him that I had signaled, and asked how he would have been able to see from his vantage point on the ramp.

Trooper Perry started writing me a warning ticket and asking me questions. He asked me why I was nervous. I told him that I was not nervous, but upset because I had just been stopped by another trooper. He then asked me more questions about my destination, my point of origin and my military assignment.

Trooper Perry informed me that he had just made a drug bust and asked to search my car, and I said no. I asked him to call my Commanding Officer, Captain Rhodes, because it is standard operating procedure for the army. He refused. He would not let me call Captain Rhodes on my cell phone. I asked him again later to call my Commanding Officer and again he refused. Trooper Perry gave me the warning ticket but told me that I was not free to go.

Trooper Perry continued asking me questions. He badgered me about why I would not let him search my car if I had nothing to hide. I was polite but would not let him search my car. He asked me if I was carrying any weapons or contraband and I informed him that I was not. Trooper Perry then stated that it was legal for him to search my car without my consent.

Trooper Perry called for the K-9 unit from the second patrol car. I said I wanted to watch the search and we got out of the car. The dog walked around the outside of the vehicle. The dog did not “alert.” He did not bark, scratch, whimper or sit down, although the trooper kept patting certain areas of the car and would not let the dog walk away. Even though the dog did not alert, the second trooper patted the right wheel well and claimed that the dog had alerted. He said he would conduct a full scale search now. I have been trained in using dogs and thought that the search was highly improper and unusually suggestive.

Trooper Perry ordered Gregory and me to get back into the car. At this point, I became really worried that the Troopers were going to plant illegal contraband in my car. Trooper Perry then got the drill and took over the search. He began drilling under the carpet at the feet of the passenger side. Trooper Perry came back to the car and stated that he had found “something.” The two troopers spoke privately. I was then accused of having a secret compartment in my car that had drug residue in it. This compartment was actually a footrest that was a feature of the car.

I was then handcuffed by Trooper Perry who manhandled me, thrust me into his car and then strapped me in. He turned off the on-board camera and took out the tape. The second trooper continued the search of my car. At one point, Trooper Perry and the other trooper lifted the hoods of their patrol cars, an action that had no obvious purpose. I was worried that they were trying to obstruct my view so that they could plant contraband in my car.

During the search we overheard Trooper Perry on the radio with another trooper. He told the other trooper that he was turning up nothing. The other trooper told him to keep searching and asked if he needed back up. By this point a third unit had appeared.

This trooper moved Gregory into his car and asked him questions without me being present. The second trooper brought the drug dog to the car that Gregory was in and asked him some of the same questions. The dog kept barking at Gregory, who was afraid it would bite him.

The troopers put our luggage on the ground and had the dogs sniff it. They found airline tickets, one of which was to Chicago. When the trooper asked me about it, I answered that Gregory had flown out of Chicago. Because he had again asked me about drugs, I informed him that my car had passed inspection and received military clearance and that because of my military assignment, I was subject to random urinalysis tests and would never do drugs. Trooper Perry was angry that I would not give him details about my classified assignment. I suggested that he contact my Commanding Officer.

At 3:45 p.m. the Troopers let me go with nothing more than a warning ticket. I was told that I was being let go because I was “behaving myself now.” I complained that my car and baggage were a mess and Trooper Perry said, “We ain’t good at repacking.” Trooper Perry had removed parts of the headliner, floorboards, carpet and other areas. There was over one thousand dollars of damage.

As soon as we were released, I called Captain Rhodes. He advised me to go to Fort Sill where the Director of Public Safety searched my vehicle in case drugs were planted in my car. An Army-certified narcotic working dog did not find any drugs or contraband.

This experience was very traumatic for Gregory. Throughout the interrogation, he was frightened and crying. Even before he was removed from my presence he was nervous, crying and hyperventilating. I had to watch while my son suffered tremendous physical discomfort from the heat. Trooper Perry had turned off the air conditioning when he put us in his car, despite the ninety degree heat.

Before we were finally released, one of the troopers asked who would come get Gregory if they arrested me. This remark made Gregory more nervous and upset. He was crying and wondering what would happen to him and I tried to calm him down. He was scared for the rest of the trip. My son has since become afraid of dogs. He continues to ask his mother why his father was treated this way.

I was very humiliated by this experience. I was embarrassed and ashamed that people driving by would think I had committed a serious crime. It was particularly horrible to be treated like a criminal in front of my impressionable young son.

I never thought I would find myself in the position of suing police officers. I am an authority figure myself. I don’t want my son thinking that this kind of behavior by anyone in uniform is acceptable. I hope that by coming forward to tell my story it might prevent other people of color from being treated the way I was.