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changed judicial action to prosecution or sentencing (per Allen's suggestion in Discussion).
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see my comments on talk page about why Washington is wrong on this point
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{{Copyedit|date=September 2007}}
{{Copyedit|date=September 2007}}
{{Current court case|date=September 2007}}
{{Current court case|date=September 2007}}
'''Jena Six''' refers to a group of six [[African American|black]] teenagers who have been arrested and charged with crimes related to their alleged involvement in the assault of a [[European American|white]] teenager in [[Jena, Louisiana|Jena]], [[Louisiana]], on [[December 4]], [[2006]]. The incident is one of many racially charged events that have occurred in the town since the hanging of nooses on the "white tree" on the [[Jena High School]] campus. The nooses initially caused racial tempers to flare, as for many it recalled the history of [[lynching]] in the South, though a few people in Jena, who were not related to the incident, have claimed that it was just a "prank".<ref>{{cite web|url=http://www.latimes.com/news/nationworld/nation/la-na-jena20sep20,1,6159556.story?coll=la-headlines-nation|title=In La., thousands to rally for 'Jena Six'|accessdate=2007-09-21|author=Jenny Jarvie|publisher=Los Angeles Times}}</ref> Critics of how the case was handled, including civil rights activists [[Jesse Jackson]] and [[Al Sharpton]], have said that the arrests and subsequent charges, along with the lack of arrests and serious charges against violent whites in Jena, were racially motivated.<ref name="time">{{cite web| url=http://www.time.com/time/nation/article/0,8599,1660787,00.html| title=Charges Reduced in 'Jena 6' Case| publisher=TIME| date=[[2007-09-11]]| accessdate=2007-09-15}}</ref>. U.S. Attorney Donald Washington has claimed there is no evidence of unfair prosecution or sentencing.<ref name="farwell">{{cite web|url=http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/092007dnmetjenasetup.3645e08.html|title=North Texans marching behind 6 young men in Jena|accessdate=2007-09-20|author=Scott Farwell}}</ref><ref name="usdoj">{{cite web|url=http://www.usdoj.gov/usao/law/usattorney/index.html|title=Western District of Louisiana - United States Attorney}}</ref>
'''Jena Six''' refers to a group of six [[African American|black]] teenagers who have been arrested and charged with crimes related to their alleged involvement in the assault of a [[European American|white]] teenager in [[Jena, Louisiana|Jena]], [[Louisiana]], on [[December 4]], [[2006]]. The incident is one of many racially charged events that have occurred in the town since the hanging of nooses on the "white tree" on the [[Jena High School]] campus. The nooses initially caused racial tempers to flare, as for many it recalled the history of [[lynching]] in the South, though a few people in Jena, who were not related to the incident, have claimed that it was just a "prank".<ref>{{cite web|url=http://www.latimes.com/news/nationworld/nation/la-na-jena20sep20,1,6159556.story?coll=la-headlines-nation|title=In La., thousands to rally for 'Jena Six'|accessdate=2007-09-21|author=Jenny Jarvie|publisher=Los Angeles Times}}</ref> Critics of how the case was handled, including civil rights activists [[Jesse Jackson]] and [[Al Sharpton]], have said that the arrests and subsequent charges, along with the lack of arrests and serious charges against violent whites in Jena, were racially motivated.<ref name="time">{{cite web| url=http://www.time.com/time/nation/article/0,8599,1660787,00.html| title=Charges Reduced in 'Jena 6' Case| publisher=TIME| date=[[2007-09-11]]| accessdate=2007-09-15}}</ref>. U.S. Attorney Donald Washington has claimed there is no evidence of unfair prosecution or sentencing, although a higher court has already overturned the sentence of the lower court.<ref name="farwell">{{cite web|url=http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/092007dnmetjenasetup.3645e08.html|title=North Texans marching behind 6 young men in Jena|accessdate=2007-09-20|author=Scott Farwell}}</ref><ref name="usdoj">{{cite web|url=http://www.usdoj.gov/usao/law/usattorney/index.html|title=Western District of Louisiana - United States Attorney}}</ref>




Revision as of 21:12, 22 September 2007

Template:Current court case Jena Six refers to a group of six black teenagers who have been arrested and charged with crimes related to their alleged involvement in the assault of a white teenager in Jena, Louisiana, on December 4, 2006. The incident is one of many racially charged events that have occurred in the town since the hanging of nooses on the "white tree" on the Jena High School campus. The nooses initially caused racial tempers to flare, as for many it recalled the history of lynching in the South, though a few people in Jena, who were not related to the incident, have claimed that it was just a "prank".[1] Critics of how the case was handled, including civil rights activists Jesse Jackson and Al Sharpton, have said that the arrests and subsequent charges, along with the lack of arrests and serious charges against violent whites in Jena, were racially motivated.[2]. U.S. Attorney Donald Washington has claimed there is no evidence of unfair prosecution or sentencing, although a higher court has already overturned the sentence of the lower court.[3][4]


Background

Racial tensions in Jena were at high levels prior to the Jena Six incident due to a number of racially charged events in the small town.[5]

The "white tree" incident

At Jena High School, students of different races seldom sat together. Black students traditionally sat on bleachers near the auditorium, while white students sat under a large shade tree, referred to as the "white tree", in the center of the school courtyard.[5]

During a school assembly on August 31, 2006, a black male freshman student asked permission from the principal to sit in the shade of the "white tree."[6] According to the recounting of events given by U.S. Attorney Donald Washington, the question was posed in a "jocular fashion."[7] The principal told the students they could "sit wherever they wanted."[6] The freshman and his friends then sat under the tree.[8]

The following morning, three nooses were discovered hanging from the tree. Jena's principal learned that three white students were responsible and recommended expulsion. The board of education overruled his recommendation, to which Superintendent Roy Breithaupt agreed. The punishment was reduced to three days of in-school suspension.[5][9] The school superintendent was quoted as saying, "Adolescents play pranks. I don't think it was a threat against anybody."[10] Black residents of Jena claim that this decision stoked racial tensions that led to subsequent events.[9]

According to U.S. Attorney Donald Washington, the FBI agents who investigated the incident, as well as federal officials who examined it, found that it "had all the markings of a hate crime." However, it wasn't prosecuted because it failed to meet federal standards required for the teens to be certified as adults.[11]

In late July 2007, U.S. Attorney Donald Washington noted that of the more than 40 statements taken regarding the assault, none mentioned the noose incident, although assaults on blacks by whites were cited.[7]

The "pen statement"

Police were called to the school several times in the days after the noose incident in response to a rash of interracial fights between students, as well as in response to non-violent student protests.[7] In response to the fights and non-violent protests, the principal called an impromptu assembly on September 6, 2006, in which students segregated themselves into white and black sections. The Jena Police Department asked LaSalle Parish District Attorney J. Reed Walters to attend and speak at the assembly. Walters was allegedly unhappy with the request because he was busy preparing for a case and, upon arrival, allegedly felt that the students were not paying proper attention to him.[7] Walters is alleged to have threatened the protesters if they didn't stop fussing over an "innocent prank"[12]. He then went on to warn the students that he could be their friend or their worst enemy, and stated that "[w]ith one stroke of my pen, I can make your life disappear."[5] Though black students state that Walters was looking at them as he made the comments, Walters and school board member Billy Fowler, also present, deny it.[5]

Police began patrolling the halls of Jena High on September 7. The following day, the school received a report that a student had brought a gun on campus, prompting a total lockdown to be enforced, though no gun was ever found.[13]

Student attempt to address school board

On September 10, 2006, black students attempted to address the school board concerning the recent events but were refused because the board was of the opinion that the noose incident had been adequately resolved.[14] Racial tensions and fights continued through the fall but were held in check by the ongoing successful football season.[5]

Jena High School arson

On November 30 2006, the main building of the high school was set on fire. The building was gutted and had to be later demolished. Blacks and whites accused each other of the arson.[5][15]

Fair Barn party incident

On Friday, December 1 2006 there was a private party, attended mostly by whites, at the Fair Barn. Five black youths, including 16-year-old Robert Bailey, attempted to enter the party at about 11 p.m. According to U.S. Attorney Washington, they were told by a woman that they were not allowed inside without an invitation. The five youths persisted, stating that some friends were already in attendance at the party. A white man, who was not a student,[7] then jumped in front of the woman and a fight ensued. After the fight was broken up, the woman told both the white man and five black youths to leave the party. Once outside, the black students were involved in another fight with a group of white men, who also were not students.[7] Police were then called to investigate. Several months later, Justin Sloan, a white male, was charged with battery for his role in the fight and was put on probation. Bailey later stated that one of the white men had broken a beer bottle over his head,[9] though there are no official records of medical treatment being given.[7]

Convenience store incident

On Saturday, December 2 2006, an incident apparently stemming from the Fair Barn fight the day before occurred at a local convenience store. A white student who had attended the party encountered Bailey and several friends. Reports from the involved parties are conflicting,[16] but indicate that an argument occurred, the white student produced a shotgun from his pickup truck, and that the gun was ultimately taken away from him by Bailey and his friends.[5] Local police reported that the accounts of the white student and black students contradicted each other and formed a report based on testimony taken from eyewitnesses. The white student claimed that Bailey and his friends shouted and ran after him, that he ran to get his gun, and that the students wrestled it away from him.[16] According to the black students, as they left the convenience store, they were confronted by the white student with a shotgun. They then claimed to have wrestled the gun away from him and fled the scene.[16] The incident resulted in Bailey being charged with three counts: theft of a firearm, second-degree robbery, and disturbing the peace. The white student who produced the weapon was not charged.[5][7]

The assault

Some reports indicate that on Monday, December 4 2006, Justin Barker, a 17-year-old white Jena High School student, mocked Robert Bailey, Jr. who had been beaten up by a white man the previous Friday.[5] Barker denies making the comments.[17] Later that day, Barker was assaulted by other Jena High students. He was struck on the back of the head and knocked down. According to some witnesses, a group of black students repeatedly kicked him.[17] A doctor examined Barker, who was left unconscious after the attack, at the local hospital. The police arrested six students, eventually dubbed the "Jena Six", accused of the attack.[18]

Five of the students (Robert Bailey, Jr., then 17; Mychal Bell, then 16; Carwin Jones, then 18; Bryant Purvis, then 17; and Theo Shaw, then 17) were charged with attempted second-degree murder.[14] The sixth student, Jesse Ray Beard, was charged as a juvenile because he was 14 at the time.[19]

Barker's injuries

Barker was released from the hospital after two hours of treatment and observation for a concussion and an eye that had swollen shut.[9] The emergency physician's record shows that he also had injuries to his face, ears and hand.[20] He then attended his school's Ring ceremony that evening,[9] though he later testified, "I waited 11 years to go to it. I wasn't going to let that get in my way," and that he ended up leaving early due to pain.[21]

During the trial, Barker also testified that his face was badly swollen after the attack and that he lost vision in one eye for three weeks. He also stated that he suffered recurring headaches since the attack, though tests have detected no medical cause for them.[21]

Mychal Bell trial

Mychal Bell, a juvenile at the time of the incident, had been previously convicted of four violent crimes. Bell served probation for a battery that occurred December 25, 2005, and he was subsequently convicted of another battery charge and two charges of criminal damage to property.[22] On June 26, 2007, the first day of trial for defendant Mychal Bell, Walters agreed to reduce the charges for Bell to aggravated second-degree battery and conspiracy to commit aggravated second-degree battery.[23] A charge of aggravated battery requires the use of a "deadly weapon". Walters thus argued that the tennis shoes that Bell was wearing and used to kick Barker with were deadly weapons, an argument with which the all-white jury ultimately agreed. Witness accounts conflicted over whether he was involved in the attack.[24] However, court-appointed public defender Blane Williams, himself a black man, did not call a single witness in his attempt to defend Bell.[24]

Bell faced an all-white jury. However, this did not result from the jury selection process. Instead, it resulted from an all white jury pool. The 150 people called for jury duty may have included black citizens, but only 50 people appeared, and none of them were black.[19] One of the jurors included a high school friend of the victim's father.[25] The jury found Bell guilty, and he faced the possibility of up to 22 years in prison. The judge scheduled sentencing for September 20 2007.

Following the trial, Bell's new defense attorneys, Louis Scott and Carol Powell-Lexing, requested that a new trial on the grounds that Bell should not have been tried as an adult and that the trial should have been held in another parish.[26] A request to lower Mychal Bell's $90,000 bond was denied on August 24, 2007, due to his juvenile record.

On September 4, 2007, a judge dismissed the conspiracy charge but let the battery conviction stand, though he agreed that Bell should have been tried as a juvenile.[27] On September 14 2007, Louisiana's Third Circuit Court of Appeals overturned Bell's battery conviction ruling that he shouldn't have been tried as an adult. Louis Scott, Bell's attorney, has indicated that the charges are dropped for now, but also noted that the situation may change depending on what path the prosecution takes.[28] The La Salle Parish district attorney, J. Reed Walters, has said that he will appeal to the Louisiana Supreme Court.[29]

Following an order by the 3rd Circuit Court of Appeal,[30] a hearing was held on September 21, 2007, to determine whether to set bond for Bell.[31] The judge in the hearing denied the request for Bell to be freed while his appeal is being reviewed.[32]

The other five

On September 4, 2007, charges against Carwin Jones and Theo Shaw were reduced to aggravated second-degree battery and conspiracy,[33] as were those of Robert Bailey, Jr., on September 10.[34]

Despite the overturning of Mychal Bell's conviction, the charges against the other four teenagers remained unaffected because they were over seventeen at the time of the incident, thus making them adults under Louisiana law.[28]

Public outcry

Many believe that the charges against the Jena Six were disproportionate to the alleged crime and racially motivated.[35]

Petition

In the wake of these events, an online petition circulated claiming over 385,285 signatures as of September 20 2007.[36] The petition calls for a review of the events by the Civil Rights Division of the U.S. Justice Department in order to determine whether there were any civil rights violations during the trials.

Defense fund

The National Association for the Advancement of Colored People (NAACP) established a fund to help pay attorney fees,[37] and on September 18, musician David Bowie donated $10,000 to it. In a statement he said, "There is clearly a separate and unequal judicial process going on in the town of Jena. A donation to the Jena Six Legal Defense Fund is my small gesture indicating my belief that a wrongful charge and sentence should be prevented."[38]

Rally in Jena

Even though Mychal Bell's conviction has been overturned, a rally was held on September 20 2007, the date when he had been scheduled to be sentenced.[39] Civil rights activists Jesse Jackson, Al Sharpton, and Martin Luther King III attended,[40] as did rapper and actor Mos Def.[41] Darryl Hunt was scheduled to be a key speaker.[42] Because up to 60,000 people were expected to attend the rally,[40] schools on the south side of LaSalle Parish, including Jena High School, were closed on September 20 and may be closed on September 21.[43]

See also

References

  1. ^ Jenny Jarvie. "In La., thousands to rally for 'Jena Six'". Los Angeles Times. Retrieved 2007-09-21.
  2. ^ "Charges Reduced in 'Jena 6' Case". TIME. 2007-09-11. Retrieved 2007-09-15. {{cite web}}: Check date values in: |date= (help)
  3. ^ Scott Farwell. "North Texans marching behind 6 young men in Jena". Retrieved 2007-09-20.
  4. ^ "Western District of Louisiana - United States Attorney".
  5. ^ a b c d e f g h i j "Beating Charges Split La. Town Along Racial Lines" by Wade Goodwyn, All Things Considered for National Public Radio, 30 July 2007
  6. ^ a b Tom Mangold, (16 August 2007). "'Stealth racism' stalks deep South". BBC News. {{cite web}}: Check date values in: |date= (help)CS1 maint: extra punctuation (link)
  7. ^ a b c d e f g h Abbey Brown (31 July 2007). "Official sought to clear up 'Jena Six' 'misinformation'". Alexandria-Pineville, Louisiana: The Town Talk. {{cite web}}: Check date values in: |date= (help)
  8. ^ Alexander Mooney (19 September 2007). "Jesse Jackson: Obama needs to bring more attention to Jena 6". CNN. {{cite web}}: Check date values in: |date= (help)
  9. ^ a b c d e Darryl Fears (4 August 2007). "La. Town Fells 'White Tree,' but Tension Runs Deep". The Washington Post. {{cite web}}: Check date values in: |date= (help)
  10. ^ Howard Witt. "Racial demons rear heads". Retrieved 2007-09-04. {{cite web}}: Cite has empty unknown parameter: |1= (help)
  11. ^ "U.S. attorney: Nooses, beating at Jena High not related". CNN.com. Retrieved 2007-09-20.
  12. ^ "News Updates on the Jena Six Story". KBFB-FM 97.9 THE BEAT, “THE” HIP HOP STATION. Retrieved 2007-09-20.
  13. ^ "Chronological Order of Events concerning "Jena Six"". The Jena Times. Retrieved 2007-09-20.
  14. ^ a b Gil Kaufman. "Jena Six: What Sparked Protesters To Descend On Small Town In Louisiana?". MTV. Retrieved 2007-09-21.
  15. ^ "Photo gallery of demolition". The Jena Times.
  16. ^ a b c "Jena Six". KBXX. Retrieved 2007-09-20.
  17. ^ a b Gretel C. Kovach and Arian Campo-Flores. "A Town In Turmoil". Newsweek. Retrieved 2007-09-20.
  18. ^ Eliott C. McLaughlin & Susan Roesgen. "Residents: Nooses spark school violence, divide town". Retrieved 2007-09-04.
  19. ^ a b Abbey Brown (2007-09-17). "Jena hotels sell out in preparation for Thursday rally". The Shreveport Times. Retrieved 2007-09-17. {{cite news}}: Check date values in: |date= (help)
  20. ^ Abbey Brown. "Documents give details about fight". The Town Talk. Retrieved 2007-09-20.
  21. ^ a b "Victim in Jena 6 case takes the stand". The Associated Press. Retrieved 2007-09-20.
  22. ^ Abbey Brown. "'Jena Six' defendant's criminal history comes to light; bond denied". Retrieved 2007-09-14.
  23. ^ Mary Foster (27 June 2007). "Charges Reduced for Student in La. Fight". Associated Press via The Guardian. {{cite web}}: Check date values in: |date= (help); Italic or bold markup not allowed in: |publisher= (help)
  24. ^ a b Witt, Howard (2007-06-29). "Louisiana teen guilty in school beating case; Witnesses provide conflicting testimony". Chicago Tribune. Retrieved 2007-07-16. {{cite news}}: Check date values in: |date= (help)
  25. ^ Richard McCulloch (2007-08-29). "WAKE UP CALL: A Mother's Pain, A Nation's Shame: Revisiting the case of the Jena Six". Broward Times. Retrieved 2007-09-18. {{cite news}}: Check date values in: |date= (help)
  26. ^ Mary Foster. "King calls for support for `Jena Six'". Retrieved 2007-08-19.
  27. ^ "Judge Reduces Charges in Jena 6 Case But Refuses to Overturn Mychal Bell Conviction". Retrieved 2007-09-06. {{cite web}}: Unknown parameter |Publisher= ignored (|publisher= suggested) (help)
  28. ^ a b "Court overturns conviction in Jena beating". MSNBC.com. 2007-09-14. Retrieved 2007-09-14. {{cite news}}: Check date values in: |date= (help)
  29. ^ Gretel C. Kovach (2007-09-15). "The 'Jena Six'". MSNBC.com. Retrieved 2007-09-16. {{cite news}}: Check date values in: |date= (help)
  30. ^ "Thousands 'march for justice' in Jena, court orders hearing on teen". CNN.com. Retrieved 2007-09-21.
  31. ^ "Bond hearing for Jena Six defendant". The Associated Press. Retrieved 2007-09-21.
  32. ^ "Bail denied for Jena suspect". The Associated Press. Retrieved 2007-09-21.
  33. ^ "Charges Reduced in 'Jena 6' Attack". Associated Press. 2007-09-04. Retrieved 2007-09-04. {{cite news}}: Check date values in: |date= (help)
  34. ^ "Another Charge Reduced in 'Jena 6' Case". Forbes.com. 2007-09-11. Retrieved 2007-09-11. {{cite news}}: Check date values in: |date= (help)
  35. ^ "Thousands March To Decry Treatment Of Jena Six". The Associated Press. Retrieved 2007-09-22.
  36. ^ Thomas McNamara. "Jena 6 Online Petition". Retrieved 2007-08-28.
  37. ^ "NAACP LEADS RALLY ON JENA - SEPTEMBER 20, 2007". NAACP. Retrieved 2007-09-19.
  38. ^ AP (2007-09-19). "Rocker donates to Jena 6 defense fund". AP. Retrieved 2007-09-19.
  39. ^ Ian Munro (2007-09-17). "Louisiana town braces as black youth wins appeal". Retrieved 2007-09-18.
  40. ^ a b Marisol Bello. "'Jena Six' backers plan rally; verdict vacated". USA TODAY. Retrieved 2007-09-17.
  41. ^ "Mos Def calls for support of 'Jena Six' students". Retrieved 2007-09-11.
  42. ^ Chad Tucker (2007-09-18). "Darryl Hunt Asked to Speak at 'Jena Six' Rally". FOX8 News. Retrieved 2007-09-19.
  43. ^ "Jena-area schools to be closed during sentencing of Bell". Retrieved 2007-09-14.
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