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Template:Current court case The Jena Six refers to a group of six black teenagers who have been charged with the beating of a white teenager at Jena High School in Jena, Louisiana, on December 4, 2006. The beating followed a series of racially-charged incidents in the town. The six black students were initially charged with attempted second degree murder and conspiracy to commit attempted second degree murder.

The Jena Six case has sparked protests by those who believe that the arrests and the subsequent charges were excessive and racially discriminatory, alleging a lack of arrests and serious charges against white youths in Jena in earlier incidents in the town. U.S. Attorney Donald Washington—an African American and a Bush appointee[1] — who led an investigation into events in the town, has concluded that there is no evidence of unfair prosecution.[2]

Mychal Bell, the only member of the "Jena Six" to be tried so far, has had his convictions set aside, one by the trial judge[3] and the other by the Louisiana Third Circuit Court of Appeal.[4] Both convictions were overturned on the grounds that the defendant should have been tried as a juvenile, not as an adult, because he was sixteen when the incident occurred.[3][2][5] Bell was incarcerated for almost 10 months, before being released on September 27, 2007, after bail was posted on his behalf. The District Attorney has indicated he does not plan to appeal further, meaning that Bell will be tried as a juvenile.

Background

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.[6] According to early reports, black students typically sat on bleachers near the auditorium, while white students sat under a large tree, referred to as the "white tree" or "prep tree", in the center of the school courtyard.[7] However, according to some teachers and administrators at the school, the tree in question wasn't a "white tree", and students of all races sat under it at one time or another.[6]

A school assembly was held on August 31, 2006. According to media reports, a black male freshman student asked the principal whether he could sit under the "white tree".[8] According to U.S. Attorney Donald Washington, the principal stated that the question was posed in a "jocular fashion".[9] The principal told the students they could "sit wherever they wanted."Cite error: A <ref> tag is missing the closing </ref> (see the help page).

The following morning, nooses were discovered hanging from the tree. Reports differ whether there were three[7] — believed by some to be code for the Ku Klux Klan[6] — or two.[6] 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."[6] According to The Jena Times, the nooses were removed by 7:15 a.m. after school officials were informed.[10]

The school disciplinary process which followed is unclear. 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.[7][11] According to LaSalle Parish School Superintendent Roy Breithaupt, however, the three students were isolated at an alternative school for nine days, spent two weeks on in-school suspension, served Saturday detentions, had to attend Discipline Court, were referred to Families in Need of Services, and had to have an evaluation before they were able to return to school as part of the district's Crises Management Policy Procedures.[12]

The school superintendent was quoted as saying, "Adolescents play pranks. I don't think it was a threat against anybody."[13] Black residents of Jena have stated that this decision stoked racial tensions, in their view leading to subsequent events.[11]

The school later had the tree cut down. "School's about to start," Billy Fowler, a new school board member said. "We don't want the blacks coming back up there looking at the tree knowing what happened, or the whites. We just want to start fresh." Others felt that cutting down the tree wasn't an effective way to address the problem of racism in Jena. "Cutting down that beautiful tree won't solve the problem at hand," said Caseptla Bailey, local NAACP president and mother of Robert Bailey Jr., one of the six black teens. "It still happened." [14]

U.S. Attorney Donald Washington stated, the FBI agents who investigated the incident and the federal officials who examined it found that the hanging of the nooses "had all the markings of a hate crime." However, it could not be prosecuted as such because it failed to meet federal standards required for the teens to be certified as adults.[15] District Attorney Walters stated that Washington had found no federal statute under which the teens could be prosecuted, just as he had found no applicable state statute."[16]

In late July 2007, Washington noted that of the more than 40 statements taken regarding the assault, none mentioned the noose incident.[9] La Salle Parish District Attorney J. Reed Walters has stated there was no linkage between the noose incident and the beating. "When this case was brought to me and during our investigation and during the trial, there was no such linkage ever suggested. This compact story line has only been suggested after the fact."[15]

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 La Salle 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] 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."[7] 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.[7]

According to The Jena Times, 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.[10]

Students attempt to address school board

On September 10, 2006, black students and their parents[17] 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.[18]

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.[7][19] While arson was determined to be the cause, the arsonists have never been identified.

Fair Barn party incident

On Friday, December 1, 2006, there was a private party, attended mostly by whites but with some blacks, at the Jena Fair Barn.[10] Five black youths, including 16-year-old Robert Bailey, Jr., 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. Justin Sloan, a white male, was charged with simple 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.[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,[20] but indicate that an argument occurred, the white student produced a shotgun from his pickup truck, and that the gun was ultimately taken from him by Bailey and his friends.[7] 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.[20] According to the black students, as they left the convenience store, they were confronted by the white student with a shotgun. They stated they wrestled the gun away from him and fled the scene.[20] After hearing from an uninvolved witness of unspecified race, the police charged Bailey and two others with three counts: theft of a firearm, second-degree robbery, and disturbing the peace. The white student who produced the weapon was not charged.[7][9]

The attack on Barker

On December 4, 2006, 17-year-old Justin Barker, a white Jena High School student, 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.[21]

Some individuals have stated that Barker had mocked Robert Bailey, Jr., who had allegedly been beaten up by a white man the previous Friday.[7] Barker denies that.[21]

Schools superintendent Ray Bleithaupt stated that the attack was no ordinary schoolyard fight. "It was a premeditated ambush and attack by six students against one," Bleithaupt said. "The victim attacked was beaten and kicked into a state of bloody unconsciousness."[22]

According to relatives of the accused, the six defendants have all been expelled from school. [23]

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.[24] 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.[25]

During the trial, Barker also testified that his face was badly swollen after the attack and that he suffered a loss of vision in one eye for three weeks. He also stated that he suffered recurring headaches and forgetfulness[26] since the attack, though medical tests have not isolated the cause.[25] A nurse testified that Barker had a previous history of migraines.[26]

The police arrested the six students, eventually dubbed the "Jena Six", accused of the attack.[27] 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.[10] The sixth student, Jesse Ray Beard, was charged as a juvenile because he was 14 at the time.[28]

Mychal Bell, a juvenile at the time of the incident, was charged as an adult.[5] The district attorney has stated that he did so due to Bell's criminal record and because he believed Bell initiated the attack.[29] However, Coach Benjy Lewis, the only adult witness to the incident, didn't place Bell in the attack and stated that another student, Malcolm Shaw, was the initial attacker. Lewis was never called to testify in Bell's trial.[30]

In a separate development, Barker was, on May 10, 2007, charged with bringing a firearm into an arms-free zone (the school grounds). A hunting rifle was found in his truck.[23]

Mychal Bell proceedings

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.[31] 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 jury ultimately agreed.[32] Witness accounts conflicted over his role, if any, in the attack.[32] Public defender Blane Williams, himself a black man, had urged Bell to accept a plea bargain, did not challenge the composition of the jury pool, and rested the defense case without calling any witnesses.[32]

There was a six-member all-white jury, although blacks were included in the jury selection process. The 150-person jury call included black citizens, who make up ten percent of the parish's population,[33] but none of the 50 potential jurors who showed up were black.[28][6] One of the seated jurors was a high school friend of the victim's father.[34] 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 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.[35] A request to lower Mychal Bell's $90,000 bond was denied on August 24, 2007, due to his juvenile record. Bell had been put on 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 while still on probation.[36] Sources told ESPN that one of the battery charges was for punching a 17-year-old girl in the face,[37] although details of the conviction might be protected under the Louisiana Children's Code.[38]

On September 4, 2007,[39] a judge dismissed the conspiracy charge on the grounds that he should have been tried as a juvenile, but let the battery conviction stand.[3] 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 ruling dismissed the charges for now, but that the prosecutor could appeal or refile the charges.[5]

Following an order by the 3rd Circuit Court of Appeal,[40] a hearing was held on September 21, 2007, to determine whether to set bond for Bell.[41] The judge in the hearing denied the request for Bell to be freed while his appeal is being reviewed.[42] A motion by Bell's attorneys to have Judge J.P. Mauffrey recused was also denied.[43]

On September 26, 2007, Louisiana governor Kathleen Blanco announced that the prosecution would not appeal the appellate ruling, but would try Bell as a juvenile. An announcement by District Attorney Walters was to follow on the 27th. [44] The district attorney in fact did so announce on the 27th,[22] and Bell was then released on $45,000 bond.[29]

Bell was bonded out once $5,400 was paid to Cut-Rate Bail Bonding by Dr. Stephen Ayers of Lake Charles, Louisiana.[45]. Bell is subject to electronic monitoring and is under the supervision of a probation officer.

The other five

On September 4, 2007, charges against Carwin Jones and Theo Shaw were reduced to aggravated second-degree battery and conspiracy,[46] as were those of Robert Bailey, Jr., on September 10.[47]

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 case has brought considerable public comment and even demonstrations from those who argue that the charges against the Jena Six were disproportionate to the crime and racially motivated.[48]

Petition

In the wake of these events, an online petition circulated claiming over 428,560 signatures as of September 27 2007.[49] The petition calls for a review of the events in Jena by the Civil Rights Division of the U.S. Justice Department.

Defense fund

The National Association for the Advancement of Colored People (NAACP) established a fund to help pay attorney fees. The NAACP noted on its website, in a section labeled "The Facts" that "On Monday, December 4 2006, a white student who allegedly had been racially taunting black students in support of the students who hung the nooses got into a fight with black students."[50] 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."[51]

Rallies

Talk show host Michael Baisden and the Rev. Al Sharpton at the front of the Sept. 20th, 2007 march on Jena, Louisiana.

Rallies in support of the Jena Six and all African Americans in the United States who have been unfairly treated by the justice system were held in Jena on September 20 2007,[52] the date when Bell was scheduled for sentencing.[53] Because of the rallies' large expected size (estimates up to 40 to 60 thousand)[54] Jena High and schools on the south side of La Salle Parish were closed.[55]


Among those in attendance were civil rights activists Jesse Jackson, Al Sharpton, and Martin Luther King III,[56] rappers Mos Def[57] and Salt-n-Pepa, and New Orleans Mayor Ray Nagin.[58] Rapper-actor Ice Cube, who also attended,[59] funded buses to bring protesters from California.[60] Darryl Hunt, an African-American who was wrongfully convicted of the rape and murder of a young white newspaper reporter in 1984, was scheduled to be a keynote speaker.[61]

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."[62]

Religious speech controversy

Reed Walters later caused controversy when, speaking officially as District Attorney at the news conference announcing that he was dropping his appeal to the Louisiana Supreme Court, he said about the rallies, "I firmly believe that had it not been for the direct intervention of the Lord Jesus Christ last Thursday, a disaster would have happened.”[63]

A minister from a Jena church, the Reverend Donald Sibley, was present at the news conference and argued against Walter’s contention that Jesus alone was responsible for keeping the march peaceful, saying "I think it's a shame for you to say only Jesus Christ caused what happened there last Thursday. I think it was behavior of 30,000 people." Sibley told CNN, "I can't diminish Christ at all, but for [Walters] to use it in the sense that because his Christ, his Jesus, because he prayed, because of his police, that everything was peaceful and was decent and in order--that's just not the truth." [64]

Self-avowed white supremacists

White supremacist Richard Barrett at the Sept. 20th, 2007 Jena 6 Rally in Jena, Louisiana.

Richard Barrett, who attended the September 20 rallies to protest the demonstrators[65] and is the leader of the white supremacist group the Nationalist Movement, recently published interviews he conducted with Justin Barker and Murphy McMillin, the mayor of Jena. Both deny having knowledge of Barrett's association with white supremacy.[66][67] In one of the interviews, McMillin praised efforts by groups organizing counter-demonstrations and insisted that Jena is being unfairly portrayed as racist.[66] Barrett, who conducted the interview by memory,[67] quoted McMillin as saying, "I am not endorsing any demonstrations, but I do appreciate what you are trying to do. Your moral support means a lot."[66] However, McMillin has denied making the latter part of the comment.[67]

Former Ku Klux Klan leader David Duke has publicly given support for Jena's "white residents". Duke carried a clear majority of the vote in Jena for his unsuccessful bid for Governor during the 1991 Louisiana gubernatorial election.[66]

Threats and harassment

On September 22, 2007, the FBI opened an investigation of a white supremacist website that listed the addresses of five of the Jena Six and the telephone numbers of some of their families "in case anyone wants to deliver justice." According to an FBI spokeswoman, the website "essentially called for their lynching." The site is registered to William A. "Bill" White of Roanoke, Virginia, who claims to be the commander of the American National Socialist Workers Party.[68]

Al Sharpton has stated that some of the families have continuously received threatening and harassing phone calls.[68]

On September 27, 2007, it was reported that the New Black Panther Party would begin patrolling the streets of Jena in order to protect the Jena Six and their families, as well as other African American residents of the town, "against open and imminent threats from Ku Klux Klan and other White supremacists advocating violence."[12]

Media coverage

Initially the Jena 6 were largely ignored by traditional press.[69][70] The case began to receive extensive media coverage in September 2007, both from news reporters and columnists. Michael J. Copps, Commissioner of the Federal Communications Commission wrote in a letter to the Washington Post that the initially poor coverage of the Jena 6 case was probably related to the low rate of minority ownership of commercial broadcast television and radio stations.[71]

Internet and blogs

Many of the protesters who came to Jena heard about the racially charged arrests from the Internet and talk radio rather than civil-rights leaders or mass media. Word spread through blogs[72], chat rooms, Web sites and YouTube after the parents of the students set up a web site appealing for donations to pay legal costs. From there, it became a cause for black radio talk-show hosts and celebrities, such as hip-hop artist and actor Mos Def.[73] Groups such as the Afrosphere Jena 6 Coalition appealed to the mainstream traditional media to cover the story through a ‘Day of Blogging for Justice’ on Thursday August 30th.[74]

Not all bloggers concerned about injustice in Jena were in favor of dismissing the charges against the six. "I am very sympathetic to the point that there has been a systematic tendency to treat the black kids involved as thugs, while treating the white kids as just adolescent pranksters horsing around." Wrote Megan McArdle of Assymetric Information, "But they shouldn't be freed. Six guys assaulted one, and after he was lying on the ground unconscious, kicked him repeatedly in the head. They should go to jail for this."[75]. Sandra Rose wrote: "I still think the rally in support of the Jena 6 boys was noble, but a little misguided. Only one of the Jena 6 remains in jail and based on his history of violent behavior - he needs to stay right where he is. The reality is if the 6 boys didn't beat one boy unconscious and kick him while he was on the ground, none of this would be happening. . . All this over a tree? MLK is rolling."[76]

Black talk radio

Eugene Robinson of the Washington Post wrote that Black talk radio played an important role in spreading word about the Jena 6.[77] Michael Baisden, whose afternoon drive-time radio show is heard in urban markets across the country was the first to launch a crusade on behalf of the Jena 6. The cause was then taken up by other black radio hosts, morning show host Tom Joyner, Steve Harvey, the comedian and the Rev. Al Sharpton. During the protests both Joyner and Harvey shows featured live updates from the scene.[77]

News reporting

Many of the news reports from Jena have evoked the Civil Rights Movement,[78] made references to lynching,[78][21] or evoked Jim Crow.[78][21] However, some have pointed out inaccurate reporting by the media. In his article, Jason Whitlock of FOXSports.com brought up the fact that people keep referring to the attack as a "schoolyard fight" due to the lack of serious injuries. He also pointed out that in the beginning, nobody brought up the fact that Mychal Bell's public defender was black or that the jury was all-white because none of the blacks who were summoned showed up. Whitlock also criticizes for the lack of reporting Bell's prior criminal history.[79] As well, MTV recently posted a retraction for incorrect information that it had reported on the case from other news sources.[33]

Columnists

Columnists criticizing the U.S. criminal justice system, within the context of the Jena Six case, have cited the Urban League's 2005 State of Black America report, which states that the average black male convicted of aggravated assault (the charge against the Jena Six) serves 48 months in prison, one third longer than a comparable white man. That report also stated that an black male who is arrested is three times more likely to go to prison than a white male convicted of the same crime.[78] [80] [81] [82] [83]

Among the columnists feeling that the charges were appropriate was columnist and cartoonist Ted Rall, who noted , "Six against one isn't a schoolyard fight. . . . Fights are one on one. Six on one is attempted murder. Kicking someone after they've passed out is attempted murder. Nothing Barker said, no matter how foul, can justify such a vicious assault by bullying jocks. This is the stuff of Columbine."[84]

Congressional action

On September 25, 2007, Representative John Conyers, Chairman of the House Judiciary Committee, announced that he would hold congressional hearings on what he described as "the miscarriages of justice that have occurred in Jena, Louisiana," with the goal of pressuring the U.S. Department of Justice into taking what Chairman Conyers deems to be appropriate action.[85] On September 27, 2007, the Congressional Black Caucus called upon the Department of Justice to investigate possible Civil Rights violations in the Jena Six case, saying "This shocking case has focused national and international attention on what appears to be an unbelievable example of the separate and unequal justice that was once commonplace in the Deep South." [86]

See also

References

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  49. ^ Thomas McNamara. "Jena 6 Online Petition". Retrieved 2007-08-28.
  50. ^ "NAACP LEADS RALLY ON JENA - SEPTEMBER 20, 2007". NAACP. Retrieved 2007-09-19.
  51. ^ AP (2007-09-19). "Rocker donates to Jena 6 defense fund". AP. Retrieved 2007-09-19.
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