Judge Opens Jena 6 Juvenile Trial, Citizens March on DOJ

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Civil Rights

Judge Opens Jena 6 Juvenile Trial, Citizens March on DOJ

Posted Nov 16, 2007, 06:04 pm CDT
By Martha Neil

Responding to a legal action initiated by multiple media organizations, the Louisiana judge in an upcoming trial of one of the Jena 6 defendants says he will open Mychal Bell's trial to the public. However, that did little to mollify angry citizens who marched today on the Justice Department in Washington, D.C.

Participants in a civil rights march that drew thousands to Washington called for more hate crime prosecutions, and expressed doubt about the DOJ's willingness to address apparent justice system inequities affecting both the Jena 6 and many others, reports USA Today.

"(President) Eisenhower protected the Little Rock Nine and sent the U.S. attorney general down South to integrate department store lunch counters. (Presidents) Kennedy and Johnson protected freedom riders and voting rights, but this federal government has done nothing for the Jena Six or to stem the rising tide of hate that includes a proliferation of nooses and swastikas," said the Rev. Al Sharpton, a well-known activist who was one of the celebrity participants. "It is time that the federal government intervenes and offers protection against these injustices."

Meanwhile, back in Louisiana, LaSalle Parish District Judge J.P. Mauffray agreed yesterday to allow the public to attend Bell's trial, which is scheduled to begin Dec. 6. However, he said in a court filing that he isn't required to, and doesn't intend to, open preliminary hearings to the public, reports the Chicago Tribune.

The now 17-year-old Bell is charged with participating in a group attack on a fellow high school classmate, in the aftermath of several other racial incidents. He and the co-defendants are African-American, and the alleged victim, who was not seriously injured, is white.

As discussed in earlier ABAJournal.com posts, the prosecution of Bell and five classmates has sparked international debate and a major civil rights march that drew 15,000 to Jena in September because of what many perceive as racial injustice in the way their cases were handled. Bell, for instance, was originally charged as an adult with attempted murder, but now faces lesser charges in juvenile court.

At last report, the Justice Department was still considering whether to pursue a possible civil rights case concerning the Jena 6.

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Posted by J.D. - 7 months, 2 weeks, 3 days, 14 hours, 22 minutes ago

The march wasn’t about hate crimes. IN REALITY, hundreds of apparently jobless people took to the streets demanding that violent thugs be allowed to go free. That’s it. There was more discussion of “hate crimes” in the media than at the protest. The protesters carried “Free the Jenna 6!” signs. They held signs supporting the socialist group ANSWER.

Most troubling, they held signs depicting Megan Williams, the black women held against her will and abused for a week by six whites in West Virginia a few months ago. IGNORANTLY, they yelled that the six Jena blacks who beat a white person should be freed, but the six West Virginia whites who beat a black person should be jailed.

All twelve need to be thrown behind bars. Today’s march symbolized ignorant support for abusers.
Posted by Esq - 7 months, 1 week, 6 days, 22 hours, 17 minutes ago

What some seem to forget is that with Jena 6 the young boys (who are not thugs) were antagonized by the hanging of a noose from a tree. In case you do not understand the historical significance of that let me explain…For hundreds of years Caucasians used that as a method to kill and intimidate African Americans. They would lynch, maim, beat, cut and burn them and then leave their bodies hanging from these nooses for all to see. When an African American sees a noose it strikes a cord –it reminds us of the racial injustice and hatred that has been in America for hundreds of years. It reminds us of the pain, suffering and brutality that our ancestors had to endure at the hands of their Caucasian counterparts. If one does not have that as part their history, they cannot possibly understand why it would anger and hurt African Americans.

Also what is angering so many people and garnering such a response is that the Caucasian teenager that started all of this with the noose and the fight was never charged…only the African America teens…In Addition the noose – the injustice of the legal system is what is enraging people…The inequities in the application of the justice system are enormous and far reaching And we are seeing this in 2007…my have far we still have to go

Additionally, just because people feel strong enough to take tine off of work to protest (their 1st amendment right to Free speech) does not mean that they are jobless…it just means that they feel strongly enough to take time to march and demonstrate.

As for the individuals in West VA they preyed on a woman that was developmentally delayed and tortured her for no other reason than she was African American.
Posted by Law Student in Madison - 7 months, 1 week, 6 days, 21 hours, 43 minutes ago

Esq,

Are you saying that it’s ok to beat people when you are antagonized? Besides, there is nothing illegal about haning a noose from a tree (unless someone is in it). Is it distasteful, hatelful, ignorant, etc? YES! However, that does not justify beating another person.

To compare these kids to the struggles suffered by their ancestors is to make a mockery of the civil rights movement! Dr. King was not out creating violence. He was peaceful. These kids, thugs or not, created violence. It doesn’t matter that the white kid was not injured badly! If I go at someone with the intent of killing/hurting them, they get lucky and beat me instead, why should I benefit from their good fortune!?
Posted by jsl - 7 months, 1 week, 6 days, 21 hours, 32 minutes ago

Law Student in Madison makes an excellent point. Further, First, several of the “not thugs” who are charged in the beating have previous arrests or juvenile adjudications for assault and other crimes. Second, the noose incident has been extensively misreported. The tree in question had long been used as by students of both races; it was not a whites-only hangout as had been reported. The white students who placed the nooses did so as a prank against friends of theirs, with no intent to frighten or upset black students. When the school administration called them in and explained the racial overtones, the students who placed the nooses – several of whom had black friends – were genuinely shocked and remorseful. Finally, Al Sharpton is not a civil rights leader, but a race baiter, an anti-Semitic bigot, and an adjudicated deliberate liar, who has incited more than one fatal riot. Why any intelligent person of good will would give credence to the utterances of the opportunistic, self-promoting Mr. Sharpton is more than I can understand.
Posted by Law student in Georgia - 7 months, 1 week, 6 days, 21 hours, 27 minutes ago

I agree with LS in Madison. We cannot teach our children that the answer to being “antagonized” is violence. Protesting in order to bring equal rights is one thing, trying to get a violent thug off, is another. And in my opinion, anyone, black, white or yellow, who along with their 5 cohorts, gangs up on one person and beats them (regardless of their resultant injuries) is a thug.

Additionally, comparing these kids with those like the Scottsboro Boys, etc. is a stain on our history. The Scottsboro Boys were WRONGFULLY accused, whereas these kids actually did commit the act of battery and should have consequences.

If you want the laws to reflect that the act of “hanging a noose” is a crime, advocate for such legislation. Trying to get someone out of jail because he responded violently to such an act, is not the answer.
Posted by Michael McMurphy - 7 months, 1 week, 6 days, 21 hours, 12 minutes ago

Any time Al Sharpton gets involved I just turn the TV off. He has polarized the white community and nobody takes him seriously. If anything, he makes people less sympathetic to any racial discrimination that may or may not be taking place.
Posted by LawStudentInCT - 7 months, 1 week, 6 days, 21 hours, 11 minutes ago

I wholeheartedly agree with Esq’s comments. It’s quite apparent that the other four posts are 1) made by white folks and 2) made by people who don’t have an understanding of american history. Furhtermore, the other comments are addressing the issue that even if you take away all of the other significant circumstantial evidence(such as the hate crimes) you still only have what amounts to a school yard fight where no one was seriously injured. That does not equate to trying kids as adults and more serious charges.

Anyone who ignores race in this issue is simply ignorant of the realities of american society.

P.S.- And what is wrong with marching against injustice and excercising your constitutional rights.
Posted by CDR - 7 months, 1 week, 6 days, 21 hours, 8 minutes ago

Actually, it is a federal crime to hang a noose if the intend is intimidation just like burning a cross. The EEOC, FBI, and JD all track the number of hanging nooses under a hate crime.

“The Justice Department says it is actively investigating a number of noose incidents at schools, workplaces and neighborhoods around the country. It says “a noose is a powerful symbol of hate and racially motivated violence” recalling the days of lynchings of blacks and that it can constitute a federal civil rights offense under some circumstances.” Quoted from many papers and reports about nooses.
Posted by KDB - 7 months, 1 week, 6 days, 20 hours, 58 minutes ago

I must be the only Black person in the country that has no sympathy for the Jenna 6. This was not a school yard fight. Six kids jumped 1 kid and beat him unconscience. They then proceeded to stomp on his head. The report above is incorrect. There was serious injury this was not a school yard fight. This was nothing short of a violant attack. Here is a quote from the Chicago Tribune Article that this article refrences. Protesting injustice is great but at least have your facts straight first.

“Six black teenagers have been charged with jumping the white student and kicking him while he lay unconscious.”
Posted by Doc - 7 months, 1 week, 6 days, 20 hours, 47 minutes ago

JSi-post #4. Way to go !. You will surely make a good all-white-defense attorney or mind reader. “The WHITE students who placed the NOOSES did so as a prank against friends of thiers, with NO intent to FRIGHTEN or UPSET BLACK students”. And I agree with you !. Knowing the history of nooses in this country, why did the “innocent white students” not use black man’s dead body as a “prank”. Bottom line, violence of any sort should be discourage and punished accordingly. the jena six should stand trial as any other american and if found guilty, punished. until a law is passed against use of nooses “as a prank”, the white guy has not commited any offense and that, i believe, is the essence of the match. The beauty of our democracy is that citizens can legally use the freedom of expression clause without fear of prejudice and for post #1 to refer to the matchers as “jobless people” is everything but fair..
Posted by A lawyer in NY - 7 months, 1 week, 6 days, 19 hours, 50 minutes ago

Isn’t it true that the noose incident happened months before the white kid was beat up? Isn’t it also true that the white kid who was beat up had nothing to do with the noose incident?

Is the argument being made here that black people, once antagonized by a noose hung from tree, have a right (for a period of at least 3-6 months thereafter) to beat up random white people without any consequences?

Another factor to consider - the leader of the black kids who was initially charged with attempted murder seemed to already have a rap sheet a mile long, which is why the DA said he was trying to throw the book at the kid.
Posted by JBC in Louisiana - 7 months, 1 week, 6 days, 19 hours, 8 minutes ago

I would have no problem with the charges in this case if the white kids who jumped a black kid a few months prior to this incident had been charged with the same crime. They were charged with simple battery (a misdemeanor). It was wrong to jump the white student and I think the Jena 6 should have to answer for it, but charges and sentencing in Jena aren’t proportionate. The white student who was jumped was able to attend a school function later the same day, so his injuries weren’t as severe as some are alleging. There was also an altercation earlier in the year where some white kids drove to the gas station used by blacks (in Jena there’s a gas station white people use and one that black people use), jumped out of their truck and threatened some black kids with a shotgun. The black kids wrestled the shotgun away from the whites and after reporting it to the police were charged with theft of a firearm. The white kids in that incident weren’t charged. Out of context I’d say the charges against the Jena 6 are appropriate, but taken in light of the leniency shown to whites in similar incidents I think the charges are excessive.
Posted by SB - 7 months, 1 week, 6 days, 19 hours, 7 minutes ago

Can someone explain why, other than a blatant attempt to fraudulently gather empathy, Rev. Sharpton’s references make any sense?

Little Rock Nine: Nine black students enrolled in a previously “whites only” high school, protected by Supreme Court rulings on civil rights and equal protection issues

Freedom Riders: a group of people who, through non-violent protest, were challenging unconstitutional voting restrictions in the South

Jena Six: six teenagers of one race beat the living crap out of one kid of another race; I apologize for missing the “rights” that were violated regarding the six teenagers, but never did I see any argument that any laws were violated in prosecuting them for what would be a felony assault in my state, and what probably should be classified as a hate crime, and would be, if the races of the attackers and victim were reversed.
Posted by Lawyer in MD - 7 months, 1 week, 6 days, 19 hours, 5 minutes ago

The incident of the fight happened the sameday (later that night at a party) of the noose…

As for Lawyer in NY 2nd comment...There needs to be equal application of the law…
Posted by SB - 7 months, 1 week, 6 days, 18 hours, 57 minutes ago

P.S.: I understand that evidently Jena, LA has some seriously screwed-up race relations, but if I were Rev. Sharpton, I would pick a more sympathetic party to use as my example.
Posted by SB - 7 months, 1 week, 6 days, 18 hours, 55 minutes ago

Also, as a defense attorney, I have seen attempted murder charges brought against people for less than this—so I don’t understand the outrage about the charges, either.
Posted by Lawyer in NY - 7 months, 1 week, 6 days, 17 hours, 55 minutes ago

In response to Lawyer in MD -

The noose incident happened in late August 2006, the white kid was beat up on December 4, 2006 - NOT THE SAME DAY, SAME WEEK OR EVEN THE SAME MONTH.

Here’s the D.A.’s NYTimes oped piece describing the facts -

http://www.nytimes.com/2007/09/26/opinion/26walters.html?_r=1&oref=slogin

As for equal treatment under the law - prosecutors have wide discretion in choosing what charges to bring and it would certainly be wrong for them to make their decisions based on one’s race, creed, color, etc., but in dealing with a criminal who has repeated engaged in serious crimes, it is appropriate for a D.A. to throw the book at him.

Has there been any other person with a similar criminal background who was white and the D.A. charged with a substantially lesser crime?
Posted by Law student in Georgia - 7 months, 1 week, 5 days, 19 hours, 2 minutes ago

To LSinCT regarding the “other 4 posts made by white people/people who do not know history”...I am black and I know my history. It is that history that I rest my comments on. Disparate and unequal treatment are issues to protest; teaching children that violence is the answer to anything is not. Also, the fact that hanging a noose is a crime does not give anyone the right to beat up a random person because of it.
Posted by J.D. - 7 months, 1 week, 4 days, 9 hours, 2 minutes ago

ALSO to LSinCT: To claim that “no one was seriously injured” is to illustrate ignorance of the facts. DID ANYONE see a photo of the beat-up white kid? Odd that his picture has been suspiciously absent from the television, no?

REALITY #1: The victim was stomped to the ground as he left class, his head bashed against the ground repeatedly while unconscious. He was temporarily BLIND in one eye for about a month. Blood was pouring out his ear. AND, there remain questions as to whether or not he had ANYTHING to do with the noose. His medical bills totaled $14,000.

REALITY #2: The other “victim” Mychal Bell was in jail the longest not because of this beating, but rather because of a PREVIOUS beating where he knocked his girlfriend’s eyeball out of its socket.

Why is the media not telling you this?

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