Andre Banks
Charges Reduced in ‘Jena 6’ Case, But Will Justice Be Served?
Today a judge in Jena, LA threw out a conspiracy conviction against Mychal Bell, one of the Jena 6. The district attorney also reduced the charges for two of the other accused students from attempted murder to aggravated battery. Bell’s conviction on the lesser charge may send him to jail for 15 years. The Chicago Tribune reports:
The six black youths were all initially charged with attempted second-degree murder after an incident in December at the local high school in which a white student was attacked and knocked unconscious after an alleged taunt by him.That altercation capped months of violent racial unrest between blacks and whites throughout the town that was triggered in September 2006, when three white students hung nooses from a shade tree in the high school courtyard in a warning aimed at discouraging blacks from sitting there.
The white youths received brief suspensions after the Jena school superintendent termed the incident an “adolescent prank,” which in turn angered black students and parents who saw the nooses as a hate crime because of the history of lynchings in the Old South.
Clearly we’re dealing with misapplication of the law . The white kids who incited violence received misdemeanors or other slaps on the wrist by school officials. And the idea of charging these kids with attempted murder (and going even further to push for a charge of assault with a deadly weapon, that weapon, prosecutors argued, was a shoe) is egregious, and a ridiculous travesty of the laws on the books. The defense attorneys for the Jena 6 are working hard to unravel and rectify those abuses:
Bell’s new defense attorneys said they plan further appeals before the Sept. 20 sentencing hearing in a bid to get his remaining conviction vacated.“Basically, we are knocking things out one piece at a time,” said Louis Scott, the lead defense attorney. “We are going to try to knock the rest of it out soon.”
But the piece by piece undoing of a criminally unjust Jim-Crow redux court system is only part of the story. The law alone can’t provide justice for the Jena 6 and the assaults they faced at the hands of their schoolmates with the acquiescence of school administrators. Even if they get their charges and convictions narrowed or dropped, it may be that, fundamentally, nothing will have changed in Jena. There could be more nooses, more fights, more convictions. In the fight against racism, we must be concerned not only with the cruelty of punishments delivered on the color line, but also the barriers to privileges large and small that characterize contemporary racism in Jena and beyond.
Because there was no way for Black kids in Jena to fight for their right to public space, no law that could or would prevent the creation of a “white tree” where Blacks were barred, they fought peacefully by taking over that space. It wasn’t until they were confronted with violent symbols of racial hatred- the noose-the wholesale symbol of pornographic, vigilante murder and social control that they took it seriously and they fought with their fists.
What this means for those standing with the Jena 6 - demanding justice, not just equality under the law - is that while the lawyers work, we have to stand against Mychal Bell’s incarceration, but also for his freedom. So that when he and the rest of the Jena 6 get free - and they must - they are released into a Jena, in an America that is changed. They should be released into a nation that has stood up for them as victims of racism in the legal process. But we also stand because we won’t tolerate racism in their lives or our own; we stand to tell the 6 kids in St. Louis or Cincinnati that they too should fight back; and we stand to show those that would strike fear in the hearts of a few Black kids in this small town and many others, that their days are numbered.
Posted at 2:36 PM, Sep 05, 2007 in Criminal Justice | Prisons | Permalink | View Comments
Comments
This case reminds me of the Mareno/Pacheco case about ten years ago in Vallejo, California. Three young Latino men got into a fight with six white guys. One of the Latinos was killed by one of the whites, and the two remaining Latinos were charged with his murder under an ancient law against inciting violence that led to murder. The white guy was either acquitted or never charged. Both a rogue prosecutor and the local press accused Moreno and Pacheco of being gang members -- of course that kind of accusation against Blacks and Latinos requires no evidence. Eventually, the Ella Baker Center for Human Rights and We Interrupt this Message were able to win the men a new trial, at which their earlier convictions were overturned.
I also applaud Andre's major point -- fighting racism is not just about prohibiting discrimination, it's also about PROMOTING EQUALITY. U.S. civil rights law is all about the first, and people think that automatically gets you the second. It doesn't and that's where our reliance on the law as it is currently written has to end.
Posted by: Rinku Sen | September 5, 2007 3:43 PM
This is a typical example of reverse racism. Was it wrong to hang nooses from the tree, absolutely. Should those students responsible for hanging those nooses be punished, absolutely and they were. Now to say that 6 black students jumping a white student and kicking him in the face is ok, that is wrong. If it were the opposite, if 6 white students jumped a black student than the NAACP, rev. Jesse Jackson, and Al Sharpton would have had a 10,000 black people protesting a hate crime, but because it was black on white and the students responsible are being punished appropriately the black students are being treated "unfairly". Enough is enough, black, white, or purple, 15 or 50 when you jump someone 6 to 1 and you kick them in the face while they are on the ground regardless of the injuries inflicted they should be punished to the full extent of the law. Stop using racism as a blanket to protect black people from being prosecuted from doing things that are clearly wrong.
Posted by: acote001 | September 8, 2007 9:24 AM
The students who hanged the nooses had a three day in-school suspension. I'd hardly call that sufficient punishment.
Posted by: lala | September 8, 2007 4:07 PM
I completely agree with you, the boys should be punished but do they deserve 20 years in jail? NO!!!! Do you realize how many fights resembling the fight that occurred between the white and black students. And what about the black student that had a gun pulled out on him, and when he took the gun from the white male and left the scene the police charged him with ROBBERY!!! Or the other incident where the white men beat up the black students for trying to get into a party and their charges were only considered misdemeanors. The Jena six should receive some sort of punishment but the punishment should also fit the crime. In this case, it clearly doesn't.
Posted by: Michelle Baker | September 11, 2007 7:09 AM
I am truly sorry for what is going on with those six young kids, I was raised up in a county like that a little bit. It was not as open with it, but everybody knew about. I just want to say my prayers are with them !
Posted by: LeRon Bowers | September 11, 2007 11:31 AM
It is truly sad how in 2007 that African-Americans are still seen as "non-citizens" of this so-called "great" American justice. These young men deserve FULL AND EQUAL PROTECTION under the law which is clearly stated in "our" constitution. However, this just goes to show that those who have the power to make and create the laws also has a way of putting loop holes in those law so that only certain people can benefit from it. So much for equality for ALL.
Posted by: Karla Haywood | September 12, 2007 7:52 AM
Growing up in the city on the east coast you know racism still exist, but not in this magnitude. I didn't even know there were still places of segregation left in the U.S. This alone should be a crime in a place where everyone is supposed to be equal. 'Jena 6' should be a wake up call for every american, not just black, that we haven't come as far as we think we have in the fight against racism and equality for all.
Posted by: Bryant Waller | September 12, 2007 3:34 PM
Why don't they yank this thing into a Federal civil rights case? File a counter Federal suit?
Posted by: Richard Wales | September 12, 2007 3:46 PM
I think they should still go to jail. Martin Luther King tried to teach us violence is not the answer, but some of us kids now a days don't want to talk it out or find another way to get justice we just want to to put it in our on hands.
Posted by: Justin James | September 14, 2007 2:17 PM
i would like to address the comment made by acote001, ending with "Stop using racism as a blanket to protect black people from being prosecuted from doing things that are clearly wrong." i agree, but it is not used just by african americans, it is a consideration for all minorites in this country, because, well quite simply injustice like this is alive and well in the USA! further, and i hope you know by now, that not only did the white boys that hung the nooses got their school suspensions overturned by the school board the next day, that they were the first to resort to violence, like usual, they attacked a black boy after the noose incident who was hospitalized, they got misdemeanor charges and suspended sentences... so when the honorable black boys retaliated after, humiliation and degredation by their law enforcement community and school board in a school assembly, they retaliated as minors and got attempted 2nd dregree and conspiracy felony charges... so the next time you want to say "Stop using racism as a blanket to protect black people from being prosecuted from doing things that are clearly wrong." wake up to the real USA, get all the facts and stop perpetuating the myth that black people and other minorites want a free pass and have nothing to be angry about !
Posted by: TSpicer | September 14, 2007 7:21 PM
The media coverage on Jena displayed live moments ago with Rev.Jesse Jackson at the podium speaking was covered by most of the network with the exception of FOX news.
I call it outright racism and white privilege. I tell this to my white colleagues, and they say, "your pulling the race card." It seems to be the scapegoat comment and a way to ignore the fact that the judicial system is racist.
God forbid OJ gets on the news, and FOX is all over his story.
Posted by: phil | September 20, 2007 8:06 AM
whoever thought that racism was over must have been asleep or under that "blanket" - my prayers are with all involved - God will work it out!
Posted by: De'Borah | September 20, 2007 2:20 PM
I've lived in Hawaii most of my life, and even with our minorities there are minor disputes amongst the races. However, I believe the Jena 6 is bigger than mere race. Yes, race plays a part, but it's the sheer injustice of it that I find outrageous. No one should condone violence and those six boys should be punished, but the punishment should fit the crime. Regardless of them being black, white, brown or purple. A fight on school grounds because of a child asking to sit under a tree is never an excuse to sentence children to jail. It's easy being on the isle and feeling this is an isolated case, but Jena was never even heard of before this case. What if tomorrow my town becomes Jena? Mine, or yours. We need to stop this injustince from happening for all our sakes. It's gone on so long in minor incidences that as a people, (U.S. citizens) we've become immune. WE needed a wake up call. I think we got it.
Posted by: Esiodena | September 21, 2007 6:34 PM
First off, the blacks "fought peacefully by taking over that space", but if the whites had done the same thing, it would have been inciting violence. I'm white, and I don't go into the black bars around here, because I know I'm not welcome there, and that's okay with me. My intelligence says that I shouldn't want to be somewhere where people don't want me. NO BIG DEAL, it's not like a tree is the back of the bus. If the white students would have gone to another part of the school, the blacks would have gone there to keep the argument going. It's stupid and just as wrong as the whites hanging nooses. BUT, you will never tell it that way. You'll instead tell it that they were convicted by an all white jury, neglecting to say that it's because NO BLACKS showed up for jury duty. You'll never say that Bell's bail was 90K, 10% of that is $9000, if 15000 people showed up to march, they couldn't each give a buck to bail the kid out? NO, of course not, that would mean that he's not really being held on charges. BUT that's not using this kid right? Give me a break. Enough is enough. I'm not making excuses for the whites. You know, hangings took place as a punishment against crime for many years in this country, not just for lynchings, so quit trying to claim everything is a symbol of racism. I don't want crackers called crackers anymore then, I want them referred to as captains wafers because cracker is a racist word to me, right?
http://media.hamptonroads.com/media/content/pilotonline/2007/09/oceanviewattack.htm
check that out, five blacks, two who were 16 years old beat a white 13 year old boy, bet you dont' call that racism though. Blacks are just as guilty of racism as much as you think whites are. BY the way, just a thought...how about an apology from malik shabaaz for his threat of the black panthers to "deal directly" with the duke lacrosse team? How about the accuser, isn't she guilty of racism?
How about the NAACP leaving a legal memorandum on their website titled "Crimes and Torts committed by Duke Lacrosse Team Players" on their website till 2007, a full 4 months after charges are dropped because the black accuser lied. Not racist is it? How about malik shabaaz calling michelle malkin a "political whore" in a heated argument and nobody protests. Don Imus cracks a joke about the "nappy headed ho's" and he gets fired? No couldn't be racism right? Point is it's everywhere and maybe it'll stop if you start pointing the finger at blacks too who are guilty of it.
Posted by: Michael | September 25, 2007 7:41 PM