Jena 6 Charges Reduced: The Struggle Continues

Many of you may be following the drama that is the plight of the "Jena 6." Five of the teens in the town of Jena, Louisiana were originally charged with attempted second-degree murder and conspiracy to commit murder, carrying sentences of up to 80 years in prison. The sixth, a juvenile, faces undisclosed charges at this moment.

The situation began for the six black students when they were accused of beating and kicking Justin Barker, 18, on Dec. 4, 2006. Barker received injuries were not life-threatening -- in fact, they seemed pretty superficial -- as he was treated at a hospital emergency room and released after about three hours.

Though a motive for the attack was never established, it is believed that racial tensions in the central Louisiana town's one high school reached a head. In August 2006, a group of African American high school students asked the school for permission to sit beneath a "whites only" shade tree, as there was an unwritten rule that blacks couldn't sit beneath the tree. The school said they didn't care where students sat. On September 1, students arrived at school to see three nooses (in school colors) hanging from the tree.

The future clan member students responsible for the nooses received a punishment normally reserved for chewing gum in class: the school principal had recommended that the noose-hangers should be expelled. However the LaSalle Parish Board of Education overruled him and the three white student perpetrators received in-school suspension.

According to the Chicago Tribune, the school administrators regarded the noose incident as a youthful prank.

Really, now.

What does it take to get expelled from a school these days?! Maybe next time, they'll hang some "niggers." That should do it, huh?

In the trial phase of this calamity, an all-white jury in Jena swiftly convicted Mychal Bell, despite conflicting testimony from witnesses about whether Bell was involved in the melee, and what, if any, actions he took. While there was no evidence of a gun, knife or other weapon being involved, the prosecutor Reed Walters argued, and the jury agreed, that the tennis shoes Bell was wearing at the time of the attack qualified as a dangerous weapon.

Wow. I guess we need to license our Nikes and Adidas as dangerous weapons now.

But in a surprise move, prosecutors reduced charges against Bell. In truth, Mychal Bell is no angel. He's been in trouble with the law before, according to published reports, so I am not suggesting that Bell be released without punishment. However, to be charged as an adult with new charges, aggravated second-degree battery and conspiracy which can result in a maximum sentence of 22-1/2 years in prison, is still too much.

In new events, prosecutors on Tuesday reduced the attempted murder charges against two more of the teenagers, Carwin Jones and Theo Shaw, to equal those charges Bell faces.

How generous of you, Mr. Prosecutor.

There are so many gaps in this case, it should fall apart quicker than a Minnesota bridge -- or maybe a Louisiana levee. First, Bell's Public Defender Blaine Williams, who is black, did not challenge the composition of the jury pool, which included no African-Americans. He also excluded the teenager's parents from the courtroom.  The defense rested without calling any witnesses.

Next, why were these kids, who may not be angels, being charged with aggravated battery, when under Louisiana law, a weapon other than feet and/or fists, is required?

Lastly, it's apparent that the victim was barely injured. He spent all of three hours in a hospital, and didn't even suffer a concussion. That's some beating by six kids. Either the victim is cock diesel and it took all six to befall him simultaneously before he succumbed. Or, these kids weren't landing any blows of consequence. In other words, the victim could have suffered a more serious injury shaving that morning.

So why were the original charges attempted murder?
 
Now, I am not one to see racism behind every corner. But I think it's more than obvious that in this case, the victim's ivory skin counted more than any of his cuts and bruises, because it's fairly clear that he didn't have many.

There are so many things wrong with this situation. We have at once, an overreaching prosecutor, in a prejudiced area of the country looking to make an example of some black students, racism, an inability to slow the descent of a harmless situation -- sitting under a tree -- into violence, negligence on the part of school officials, and hooliganism on the part of both black and white students.

Let's also save some special scorn for public defender Williams, who basically led his client to the gallows by mounting a less-than-effective -- no, inane, and completely USELESS -- defense. Williams excuse has been that he wanted to avoid exposing his client's previous run-ins with the law, and to curry favor with the judge to induce a lower sentence. Interesting logic. As Williams' said in the Alexandria Town Talk, "My actions in this case may be the topic of review by law professors one day; it may become a case study." Yes sir, indeed they may. But perhaps not for the reasons you think. 

This needs to be a wake up call, black folks. While there are good people of all races all over this country, we need to be vigilant more so than ever against ignorant, backwards bigots who'd love nothing better than to set an example in a few "darkies," or to see many of us in the new slavery: the penal system. Make no mistake, the fight for equality and true freedom isn't over. It's just gone covert and guerrilla and we need to change our tactics to combat the same. Where racism was once a sheet and a pointed hood, a burning cross, or death at noose, it's now in the application of the law, wearing a suit and tie, or at the ballot box.

At the same time, let us get control of our children and our communities, to be responsive in the right way to affronts to out collective person. We must be responsible for the actions of our children, and assist them in making wise decisions that will benefit them in the long run. Short term, sure, it felt good to expend anger and energy on the victim, but in this context, there was no long-term benefit. Nothing changed. And now these young men face adult penalties - rightly or wrongly. We'd be well served to remember the words and deeds of Dr. Martin Luther King in his message of non-violence during the Civil Rights era. We need to remember that for the most part, violence is not the answer.

We need to teach our kids that lashing out is not the solution, and might exacerbate the problem. Peacefully protest, boycott, sit-in, draw national attention to an embarrassment in the nooses; anything in this case BUT violence. In the end, it's the violent that are paying the heavy price. What these kids did was wrong to be sure, and their actions cannot -- and in this forum, will not -- be tolerated. Certainly, punishment is in order, but punishment in proportion to the crime. 

It's sad and simultaneously funny how in some areas of the United States, nothing has changed much in 60-70 years. The national media will once again get to offer America what it so badly wants: a scapegoat for the national sin of racism. Let's hope, though, that there are more lessons for the better that can be gathered from this little piece of "Americana" better left as a relic of the past. But I guess as consolation, we should be happy that the Jena 6 didn't get lynched right off, eh?