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were allegedly involved in the beating of a [[European American|white]] teenager in [[Jena, Louisiana|Jena]], [[Louisiana]], on [[December 4]], [[2006]], and were subsequently arrested, charged, and in some cases convicted, for their participation in the event.
were allegedly involved in the beating of a [[European American|white]] teenager in [[Jena, Louisiana|Jena]], [[Louisiana]], on [[December 4]], [[2006]], and were subsequently arrested, charged, and in some cases convicted, for their participation in the event.


There have been protests by those who believe the arrests and subsequent charges were racially motivated, noting the lack of arrests and serious charges against white youths in Jena in other cases. Incidents presented as contrasting with the harsh response in this case include the hanging of nooses and fights between black and white residents of the town. U.S. Attorney Donald Washington, who is black,<ref name="usdoj">{{cite web|url=http://www.usdoj.gov/usao/law/usattorney/index.html|title=Western District of Louisiana - United States Attorney}}</ref> stated there is no evidence of unfair prosecution or sentencing. However, the only two convictions so far have been overturned, one by a judge<ref name="premature">{{cite web |url=http://edition.cnn.com/2007/US/law/09/19/jena.six/ |title=Court: It's 'premature' to consider motion to release Jena 6 defendant |accessdate=2007-09-23| publsher=CNN}}</ref> and the other by the State of Louisiana, Court of Appeal, 3rd Circuit<ref>{{cite web |url=http://pview.findlaw.com/view/2265720_2?noconfirm=0 |title=FindLaw |accessdate=2007-09-22}}</ref>
There have been protests by those who believe the arrests and subsequent charges were racially motivated, noting the lack of arrests and serious charges against white youths in Jena in other cases. Incidents presented as contrasting with the harsh response in this case include the hanging of nooses, white residents beating up black residents, and a white man threatening black students with a shotgun. U.S. Attorney Donald Washington, who is black,<ref name="usdoj">{{cite web|url=http://www.usdoj.gov/usao/law/usattorney/index.html|title=Western District of Louisiana - United States Attorney}}</ref> stated there is no evidence of unfair prosecution or sentencing. However, the only two convictions so far have been overturned, one by a judge<ref name="premature">{{cite web |url=http://edition.cnn.com/2007/US/law/09/19/jena.six/ |title=Court: It's 'premature' to consider motion to release Jena 6 defendant |accessdate=2007-09-23| publsher=CNN}}</ref> and the other by the State of Louisiana, Court of Appeal, 3rd Circuit<ref>{{cite web |url=http://pview.findlaw.com/view/2265720_2?noconfirm=0 |title=FindLaw |accessdate=2007-09-22}}</ref>
in [[Lake Charles, Louisiana|Lake Charles]], both on grounds that the defendant should have been tried as a juvenile, not as an adult.<ref name="premature"/><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="overturn"/>
in [[Lake Charles, Louisiana|Lake Charles]], both on grounds that the defendant should have been tried as a juvenile, not as an adult.<ref name="premature"/><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="overturn"/>


Revision as of 18:23, 23 September 2007

Template:Current court case Jena Six refers to a group of six black teenagers who were allegedly involved in the beating of a white teenager in Jena, Louisiana, on December 4, 2006, and were subsequently arrested, charged, and in some cases convicted, for their participation in the event.

There have been protests by those who believe the arrests and subsequent charges were racially motivated, noting the lack of arrests and serious charges against white youths in Jena in other cases. Incidents presented as contrasting with the harsh response in this case include the hanging of nooses, white residents beating up black residents, and a white man threatening black students with a shotgun. U.S. Attorney Donald Washington, who is black,[1] stated there is no evidence of unfair prosecution or sentencing. However, the only two convictions so far have been overturned, one by a judge[2] and the other by the State of Louisiana, Court of Appeal, 3rd Circuit[3] in Lake Charles, both on grounds that the defendant should have been tried as a juvenile, not as an adult.[2][4][5]

Background

According to National Public Radio, 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.[6]

The "white tree" incident

At Jena High School, about 10% of enrolled students are African Americans and more than 85% are white. Early reporting asserted that students of different races seldom sat together, although this has been disputed.[7] According to early reports, black students typically sat on bleachers near the auditorium, while white students sat under a large shade tree, referred to as the "white tree" or "prep tree", in the center of the school courtyard.[6] On September 22, 2007, however, the AP reported that the "white tree" was no such thing, and that according to teachers and administrators at the school, students of all races had sat under it at one time or another.[7]

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."[8] According to the recounting of events given by U.S. Attorney Donald Washington, the question was posed in a "jocular fashion."[9] The principal told the students they could "sit wherever they wanted."[8] The freshman and his friends then sat under the tree.[10]

The following morning, two nooses were discovered hanging from the tree.[7] It has been reported that Jena's principal learned that three white students were responsible and recommended expulsion, that the board of education overruled his recommendation, and that Superintendent Roy Breithaupt agreed with the overruling. It was initially reported that the punishment was reduced to three days of in-school suspension.[6][11] According to the Associated Press, however, the three students were isolated at an alternative school for a month, and then spent two weeks on in-school suspension.[7]

The school superintendent was quoted as saying, "Adolescents play pranks. I don't think it was a threat against anybody."[12] Black residents of Jena claim that this decision stoked racial tensions that led to subsequent events.[11] However, a black teacher described seeing both white and black students "playing with [the nooses], pulling on them, jump-swinging from them, and putting their heads through them."[7]

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.[13]

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.[9]

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.[9] The principal took action by calling 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. Allegedly, Walters was unhappy with the request because he was busy preparing for a case and, upon arrival, felt that the students were not paying proper attention to him.[9] Walters is alleged to have threatened the students with legal consequences if they didn't stop "fussing" over an "innocent prank".[14] He warned the students that he could be their friend or their worst enemy, and he stated that "[w]ith one stroke of my pen, I can make your life disappear."[6] Though black students state Walters was looking at them when he made the comments, Walters and school board member Billy Fowler, also present, deny it.[6]

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, though no gun was ever found.[15]

Students 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.[16] Racial tensions and fights continued through the fall but were held in check by the ongoing successful football season.[6]

Jena High School arson

On November 30 2006, a wing of the main building of the high school was set on fire. That portion of the building was gutted and had to be later demolished.[6][17]

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 no one was 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, then jumped in front of the woman and a fight ensued. After the fight broke 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 were not students.[9] Police were 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 broke a beer bottle over his head,[11] but there were no official records of Bailey receiving medical treatment for the injury.[9]

Convenience store incident

On Saturday, December 2 2006, another incident involving Bailey occurred at a local convenience store. A white student who had attended the Fair Barn party encountered Bailey and several friends. Reports from the involved parties are conflicting,[18] 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.[6] 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.[18] 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.[18] 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.[6][9]

The assault

On December 4, 2006, 17-year-old white Jena High School student Justin Barker was assaulted at school. He was struck on the back of the head and knocked down by a black student. According to some witnesses, a group of black students then repeatedly kicked him.[19]

Some individuals have stated that Barker had mocked Robert Bailey, Jr., who had been beaten up by a white man the previous Friday.[6] Barker denies making the comments.[19]

Trial, prosecution, and legal proceedings

The police arrested the six students, eventually dubbed the "Jena Six", accused of the attack.[20] Five of them (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.[16] The sixth student, Jesse Ray Beard, was charged as a juvenile because he was 14 at the time.[21]

Barker's injuries

A doctor treated Barker, who was left unconscious after the attack, at the local hospital. He was released after two hours of treatment and observation for a concussion and an eye that had swollen shut.[11] The emergency physician's record shows that he also had injuries to his face, ears and hand.[22] He was able to attend his school's Ring ceremony that evening,[11] 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.[23]

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 not detected any medical cause for them.[23]

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.[24] 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.[25] A charge of aggravated battery requires the use of a "deadly weapon". Walters therefore 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.[26] Witness accounts conflicted over whether he was involved in the attack.[26] However, court-appointed public defender Blane Williams, himself a black man, did not call a single witness in his attempt to defend Bell.[26]

Though Bell faced an all-white jury, it did not result from the jury selection process. Instead, it resulted from an all-white jury pool. The 150 people called for jury duty did include black citizens, but only 50 people appeared, and none of them was black.[21][7] One of the jurors included a high school friend of the victim's father.[27] 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.[28] 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,[29] a judge dismissed the conspiracy charge on the grounds that he should have been tried as a juvenile, but let the battery conviction stand.[2] However, on September 14, 2007, Louisiana's Third Circuit Court of Appeals overturned Bell's battery conviction, also 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.[5] The La Salle Parish district attorney, J. Reed Walters, has said that he will appeal to the Louisiana Supreme Court.[30]

Following an order by the 3rd Circuit Court of Appeal,[31] a hearing was held on September 21, 2007, to determine whether to set bond for Bell.[32] The judge in the hearing denied the request for Bell to be freed while his appeal is being reviewed.[33]

The other five

On September 4, 2007, charges against Carwin Jones and Theo Shaw were reduced to aggravated second-degree battery and conspiracy,[34] as were those of Robert Bailey, Jr., on September 10.[35]

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.[5]

Public response

The incident has brought considerable public comment and even demonstrations among those who believe that the charges against the Jena Six were disproportionate to the alleged crime and racially motivated.[36]

Petition

In the wake of these events, an online petition circulated claiming over 410,188 signatures as of September 23 2007.[37] 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.[38] On September 18, musician David Bowie donated $10,000 to it and made a statement, "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."[39]

Robert Bailey MySpace Controversy

Pictures have surfaced on the internet from Robert Bailey's MySpace account showing him with a large amount of money scattered over his bed, in his mouth and hands. The source of this money is not known at this time. He has since deleted his MySpace account, along with all of the photographs, but there are several places where these have been recorded. [40]

Rally

Even though Bell's conviction was overturned, a rally hailed as the new civil rights struggle of the 21st century was a poignant reminder of incidents which punctuated the civil rights struggles begun in the 1950s was held in Jena on September 20 2007,[41] the date when Bell was scheduled for sentencing.[42] The more than 10,000 demonstrators assembled were addressed by Darryl Matthews, General President of Alpha Phi Alpha fraternity. In his speech, entitled We Demand Justice for the Jena 6!, Matthews' stated "It is sobering to know that in 2007 Martin Luther King’s dream of equal treatment, respect, fairness and opportunity is still not realized."[43] Civil rights activists Jesse Jackson, Al Sharpton, and Martin Luther King III,[44] and rapper Mos Def attended;[45] Darryl Hunt was scheduled to be a key speaker.[46]

Because up to 60,000 people were expected to attend the rally,[44] schools on the south side of LaSalle Parish, including Jena High School, were closed on September 20.[47]


See also

References

  1. ^ "Western District of Louisiana - United States Attorney".
  2. ^ a b c "Court: It's 'premature' to consider motion to release Jena 6 defendant". Retrieved 2007-09-23. {{cite web}}: Unknown parameter |publsher= ignored (|publisher= suggested) (help)
  3. ^ "FindLaw". Retrieved 2007-09-22.
  4. ^ Scott Farwell. "North Texans marching behind 6 young men in Jena". Retrieved 2007-09-20.
  5. ^ a b c "Court overturns conviction in Jena beating". MSNBC.com. 2007-09-14. Retrieved 2007-09-14. {{cite news}}: Check date values in: |date= (help)
  6. ^ 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
  7. ^ a b c d e f Todd Lewan (2007-09-22). "Black and white becomes gray in La. town". The Associated Press.
  8. ^ a b Tom Mangold, (August 16, 2007). "'Stealth racism' stalks deep South". BBC News. {{cite web}}: Check date values in: |date= (help)CS1 maint: extra punctuation (link)
  9. ^ a b c d e f g 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)
  10. ^ 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)
  11. ^ 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)
  12. ^ Howard Witt. "Racial demons rear heads". Retrieved 2007-09-04. {{cite web}}: Cite has empty unknown parameter: |1= (help)
  13. ^ "U.S. attorney: Nooses, beating at Jena High not related". CNN.com. Retrieved 2007-09-20.
  14. ^ "News Updates on the Jena Six Story". KBFB-FM 97.9 THE BEAT, “THE” HIP HOP STATION. Retrieved 2007-09-20.
  15. ^ "Chronological Order of Events concerning "Jena Six"". The Jena Times. Retrieved 2007-09-20.
  16. ^ a b Gil Kaufman. "Jena Six: What Sparked Protesters To Descend On Small Town In Louisiana?". MTV. Retrieved 2007-09-21.
  17. ^ "Photo gallery of demolition". The Jena Times.
  18. ^ a b c "Jena Six". KBXX. Retrieved 2007-09-20.
  19. ^ a b Gretel C. Kovach and Arian Campo-Flores. "A Town In Turmoil". Newsweek. Retrieved 2007-09-20.
  20. ^ Eliott C. McLaughlin & Susan Roesgen. "Residents: Nooses spark school violence, divide town". Retrieved 2007-09-04.
  21. ^ 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)
  22. ^ Abbey Brown. "Documents give details about fight". The Town Talk. Retrieved 2007-09-20.
  23. ^ a b "Victim in Jena 6 case takes the stand". The Associated Press. Retrieved 2007-09-20.
  24. ^ Abbey Brown. "'Jena Six' defendant's criminal history comes to light; bond denied". Retrieved 2007-09-14.
  25. ^ 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)
  26. ^ a b c 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)
  27. ^ 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)
  28. ^ Mary Foster. "King calls for support for `Jena Six'". Retrieved 2007-08-19.
  29. ^ "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)
  30. ^ Gretel C. Kovach (2007-09-15). "The 'Jena Six'". MSNBC.com. Retrieved 2007-09-16. {{cite news}}: Check date values in: |date= (help)
  31. ^ "Thousands 'march for justice' in Jena, court orders hearing on teen". CNN.com. Retrieved 2007-09-21.
  32. ^ "Bond hearing for Jena Six defendant". The Associated Press. Retrieved 2007-09-21.
  33. ^ "Bail denied for Jena suspect". The Associated Press. Retrieved 2007-09-21.
  34. ^ "Charges Reduced in 'Jena 6' Attack". Associated Press. 2007-09-04. Retrieved 2007-09-04. {{cite news}}: Check date values in: |date= (help)
  35. ^ "Another Charge Reduced in 'Jena 6' Case". Forbes.com. 2007-09-11. Retrieved 2007-09-11. {{cite news}}: Check date values in: |date= (help)
  36. ^ "Thousands March To Decry Treatment Of Jena Six". The Associated Press. Retrieved 2007-09-22.
  37. ^ Thomas McNamara. "Jena 6 Online Petition". Retrieved 2007-08-28.
  38. ^ "NAACP LEADS RALLY ON JENA - SEPTEMBER 20, 2007". NAACP. Retrieved 2007-09-19.
  39. ^ AP (2007-09-19). "Rocker donates to Jena 6 defense fund". AP. Retrieved 2007-09-19.
  40. ^ "Robert Bailey Posing with Money". Retrieved 2007-09-23.
  41. ^ Staff Writer (2007-09-20). "Rally for 'Jena Six' touted as new civil rights struggle". Columbia Daily Tribune. columbiatribune.com. Retrieved 2007-09-22. {{cite news}}: Check date values in: |date= (help)
  42. ^ Ian Munro (2007-09-17). "Louisiana town braces as black youth wins appeal". Retrieved 2007-09-18.
  43. ^ Woods, Monica (September 20, 2007). "We Demand Justice for the Jena 6!" (Press release). Monica Woods Public Relations. Retrieved 2007-09-22. The members of Alpha Phi Alpha Fraternity, Incorporated have historically engaged in the struggle to uplift the downtrodden in their efforts to achieve the promise of social and economic parity described and prescribed in the pledge of allegiance to this great republic that declares liberty and justice for all.
  44. ^ a b Marisol Bello. "'Jena Six' backers plan rally; verdict vacated". USA TODAY. Retrieved 2007-09-17.
  45. ^ "Mos Def calls for support of 'Jena Six' students". Retrieved 2007-09-11.
  46. ^ Chad Tucker (2007-09-18). "Darryl Hunt Asked to Speak at 'Jena Six' Rally". FOX8 News. Retrieved 2007-09-19.
  47. ^ "Jena-area schools to be closed during sentencing of Bell". Retrieved 2007-09-14.
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