The Anderson Tapes (27 page)

“During my reconnaissance along East Seventy-third Street, I had noted that the building immediately adjacent to 535 was what I judged to be a 16-to 18-story apartment house. It was flush against the east side of the beleaguered building. I realized at once that a vertical envelopment was possible. That is, I could have combat personnel lowered from the roof of the higher building or, with luck (a very important consideration in all human activities), I could have police officers exit through the windows of the higher building at perhaps the sixth or seventh floor and merely drop or jump to the terraces of the building occupied by the enemy.

“With a noisy display of force, I judged, the police personnel on the top floors of 535 could ‘spook’ the criminals and drive them down onto the street. I did not desire the police personnel on the upper floor (I estimated five would be an adequate number) to enter into combat with the enemy. Their sole duty would be to frighten the ciminals down to the street level without endangering any tenants of the building who might be present.

“At that time the enemy would no longer enjoy the advantage of holding the upper ground. By careful, calculated timing, I would then have emplaced in a semicircle about the front of 535, four two-man squad cars and two searchlight cars, all personnel instructed to keep behind the cover and concealment offered by their vehicles as much as possible, and not to fire until fired upon. In addition, I intended to position a force of six men in the rear of 535—that is, in the cemented open space in the rear of the Seventy-fourth Street building that backed onto 535 East Seventy-third Street. This force, I felt, would be sufficient to block a rearward escape by the enemy. The fact that one, indeed, by his extraordinary ability and good fortune, did escape (temporarily), does not, in my opinion, negate the virtues of my plan of operations.

“By this time, the tactical squad (Tactical Patrol Force) had reported to me at my command post. This unit consisted of twenty men, in a bus, commanded by a Negro sergeant. There were two additional Negroes in the squad.

“The following comments may be considered by some to be unnecessary—if not foolhardy—considering the current state of ethnic and racial unrest in New York City. However, I feel my judgments—based on twenty-two years of service in the NYPD—may be of value to other officers faced with a comparable situation, and I am determined to make them… .

“It is said that all men are created equal—and this may be correct, in the sight of God and frequently—but not always—under the law.

However, all men are
not
created equal as to their ethnic and racial origins, their intelligence, their physical strength, and their moral commitment. Specifically, ethnic and racial groups, whatever they may be—Negro, Irish, Polish, Jewish, Italian, etc.—have certain inborn characteristics. Some of these characteristics can be an advantage to a commanding officer; some may be a disadvantage. But if the commanding officer disregards them—through a misguided belief in total equality—he is guilty of dereliction of duty, in my opinion, since his sole duty is to solve the problem at hand, using the best equipment and personnel under his command, with due regard to the potential of his men.

“It has been my experience that Negro personnel are particularly valuable when the situation calls for a large measure of élan and derring-do. And they are especially valuable when they operate as units—that is, when several Negro officers are operating together. Hence, I ordered the Negro sergeant commanding the tactical squad to select the two other Negroes in his squad, augment them by two white officers, and execute the vertical envelopment. This would be the unit that would drop onto the terrace of 535 and flush the enemy down to the street.

“He acknowledged my order, and after a short discussion we agreed his men would be armed with one Thompson submachine gun, two riot guns, service revolvers, smoke, and concussion grenades. In addition, his squad of five men (including himself) would carry a walkie-talkie radio, and they would inform me the moment they had made their drop onto the terrace of 535. The officer’s name is Sergeant James L. Everson, Shield 72897537, and I hereby recommend him for a commendation. (See attached form NYPD-RC-EXD-109FGC-1968.)”

From the official report of Sergeant James L. Everson, Shield 72897537.

This is coded NYPD-JLE-1SEP68.

“I received my orders from Captain Edward X. Delaney at his command post in a cigar store on the corner of East Seventy-third Street and York Avenue. I selected the four additional officers from my squad and proceeded to the corner of East Seventy-third Street and East End Avenue. Transportation was by squad car, as directed by Captain Delaney.

“Upon arrival at the aforesaid corner, I determined it would be best if we went one at a time into the building adjoining 535 East Seventy-third Street. Therefore I ordered my men to follow me at counted intervals of sixty seconds. I went first.

“I entered the lobby of the adjoining building and found the man on duty was not the regular doorman but was the super filling in for the doorman because of the holiday weekend. He was sleeping. I awakened him and explained the situation. By the time the other four men of my squad had joined me, he had told me he thought we could drop onto the terrace of 535 by going out the windows of Apartment 6C which overlooked the apartment house where the criminals were located and operating. We had service revolvers, a submachine gun, riot guns, and grenades. The super escorted us to Apartment 6C.

“This apartment was occupied by Irving K. Mandelbaum, a single man.

At the time, there was also present in the apartment a single female, Gretchen K. Strobel. I believe, if desired, a charge of unlawful fornication could be brought against Irving K. Mandelbaum under the civil laws of the City of New York. But because of the cooperation Mr.

Mandelbaum offered and provided to officers of the New York Police Department, I do not suggest this.

“Miss Strobel went into the bathroom, and me and the squad went through the bedroom window which directly overlooks the terrace at 535. It was only a two-or three-foot drop. The moment we were all on the terrace, I contacted Captain Delaney via walkie-talkie.

Reception was very good. I told him we were in position, and he told me to wait two minutes, then go ahead.”
Chapter 74

From Captain Edward X. Delaney’s report NYPD-EXD-1SEP1968.

“It was approximately 4:14 A.M. when Sergeant Everson got through to me. I should mention here that the operation of the new 415X16C

radios was excellent. Everson said he and his squad were on the terrace of 535 East Seventy-third Street. We agreed he would wait two minutes before commencing his spooking operation.

“Not all the men and equipment I had requisitioned had arrived by this time. However, I felt it better to proceed with what I had rather than await optimum conditions which rarely, if ever, seem to arrive.

Hence, I directed cars George Six and George Fourteen (two officers each) to approach from York Avenue toward 535, and cars George Twenty-four and George Eight to approach from East End Avenue.

Leading the two approaching from East End would be Searchlight Car SC-147 (the single one that had arrived by this time). The five vehicles would then park in a semicircle around the entrance of 535.

The searchlight car would illuminate the building after all personnel had taken cover behind their vehicles. The arrival of additional squad cars, provided by the efficiency of Lieutenant John K. Fineally, NYPDCC, enabled me to station blocking cars at the exits from East Seventy-third Street at York Avenue and East End Avenue. Car George Nineteen was stationed at East End Avenue, and car George Thirty-two at York Avenue.

“I was in the first car (George Six) approaching the apartment house from York Avenue. My order, repeated several times, was that there was to be no firing until I gave the command.”
Chapter 75

Recording NYDA-#146-114A-114G. Interrogation of Gerald Bingham, Jr.

QUESTION: What time was it then?

WITNESS: I don’t know exactly. It was after four in the morning.

QUESTION: What happened then?

WITNESS: Suddenly five policemen burst into my bedroom. They came in through the French doors leading to the terrace. Three of them were colored. The man in front was colored. They were all carrying weapons. The first man had a machine gun in his hands, and he said to me, “Who are you?” I said, “I am Gerald Bingham junior, and I live in this apartment.” He looked at me and said, “You the kid that sent out the report?”

“Yes,” I said, “I sent out a shortwave transmission.” He grinned at me and said, “You get yourself out on that terrace.” I told him I was crippled and couldn’t move because they had taken away my wheelchair and my crutches.

He said, “Okay, you stay right where you’re at. Where
they
at?”

“Down on the fourth floor,” I told him. “I think they’re all on the fourth floor, right below us.”

“Okay,” he said, “we’ll take care of them. You stay right where you’re at and don’t make no noise.”

They all started out of the apartment. I called after them, “Please don’t kill him,” but I don’t think they heard me.

NYPDSIS recording #146-83C.

HASKINS: We were finishing up Apartment Four B. We were close to finishing. God, we were so
close!
Then everything came apart.

Shouts from upstairs. Noise. Gunshots. A big explosion. Smoke pouring down the stairway. Men shouting, “You’re surrounded!

Hands up! Throw down your guns! You’re dead! We’ve got you!” Silly things like that. I wet my pants. Yes, Tommy, I admit it freely—I soiled myself. Then we started moving. The tech went pounding down the back stairs, then the two Brodsky boys, and then me following. But before I left I saw the Detroit hooligan rush to the front window of Four A and fire his gun through the glass.

QUESTION: Was there return fire?

HASKINS: No. Well … I don’t know for sure. I had turned away from the foyer between the two apartments. I was on my way down the service staircase. I saw and heard him fire through the window of Four A. But I didn’t see or hear any return fire from the street.

QUESTION: Where was Anderson while all this was going on?

HASKINS: He was standing there in the foyer between the two apartments. He was just standing still. He just didn’t move.

From the final report of Captain Edward X. Delaney, NYPD-EXD-1SEP1968.

“My assault forces were in position. The moment I heard the envelopment squad start their mission, the searchlight car—as per my previous orders—illuminated the front of the building. We were almost immediately fired upon from a fourth-floor window. I shouted to my men to hold their fire.”

NYDA-EHM-108B, dictated, sworn, signed, and witnessed statement by Ernest Heinrich Mann.

“The moment the noise began, I realized it was all over. Therefore I walked slowly and quietly down the service staircase, took the door into the lobby, removed my mask and gloves, and seated myself on the marble floor, well out of range of the front doors. I then put my back against the wall, raised my arms above my head, and waited. I detest violence.”

From the final report of Captain Edward X. Delaney, NYPD-EXD-1SEP1968.

“We still had not yet fired ashot. Then suddenly a masked man burst through the front doors of the house, firing a revolver at the assembled cars. I thereupon gave the command to open fire, and he was cut down in short order.”

Excerpt from NYPDSIS recording #146-83C, interrogation of Thomas Haskins by Thomas K. Brody, detective, second grade.

HASKINS: When we got down to the ground floor, the two Brodsky boys headed out to the truck through the back entrance. I took the door into the lobby. And there was the tech, sitting on the floor against the wall, without his mask, his hands raised over his head.

I felt sick. Then I saw the smoke draw his gun and dash out through the front doors. I heard him say “Shit,” and then he was gone out through the doors. Then I heard the guns and I knew he was dead. Frankly, I didn’t know what to do. I believe I might have been somewhat hysterical. You understand, don’t you, Tommy?

QUESTION: Yes. But what
did
you do?

HASKINS: Well, silly as it may seem—I wasn’t thinking quite right, you understand—I turned and went back to the service staircase and started to go up. And there, at the second-floor landing, was Duke Anderson.

QUESTION: What was he doing?

HASKINS: Just standing there. Very calm. I said, “Duke, we’ve got—” And he said, very quiet, “Yes, I know. Don’t do a thing right now.

Stay right where you are. Just stand here. I’ve got something to do, but I’ll be right down and we’ll be getting out together.” QUESTION: Are those his exact words?

HASKINS: As near as I can remember.

QUESTION: And what did you do then?

HASKINS: I did exactly what he told me. I just stood there on the stairs.

QUESTION:What did he do?

HASKINS: Duke? He turned around and went back up the stairs.

From the final report of Captain Edward X. Delaney, NYPD-EXD-1SEP1968.

“We were still receiving intermittent fire from the fourth-floor window from what, I judged, was a single gunman. I instructed my men not to return his fire. Discipline, I should say at this time, under these difficult and aggravating circumstances was excellent. At approximately three minutes after the start of the action, two men dashed from the rear service entrance, climbed aboard the truck, and began to back the truck from the service alley at high speed.

“This was, of course, a move of desperation, doomed to failure as I had arranged my cordon of squad cars to forestall such a move. As the truck backed, one man leaned from the window and fired a revolver at us as the other drove. We returned his fire.

“The truck crashed into car George Fourteen and stopped there. In the crash, Officer Simon Legrange, Shield 67935429, suffered a broken leg, and Officer Marvin Finkelstein, Shield 45670985, was slightly wounded in the upper arm by a bullet fired by the gunman in the truck.