A Missed Opportunity: Jena 6 Racial Uproar Preventable

The best commentary on Jena rarely appears in the mainstream media.  This essay in The Black Chronicle gets a few minor facts wrong, but the analysis is spot on: Jena is about public officials sowing the wind and reaping the whirlwind.  If you are inclined to believe that the Jena 6 case is being “blown out of proportion,” please read on.

A Missed Opportunity
Jena 6 Racial Uproar Preventable

Five decades ago, civil rights struggles could be seen in stark, good versus evil terms. Virtuous pioneers such as the Little Rock Nine, James Meredith and Rosa Parks confronted raw racism and triumphed over it. Today, racial injustice persists, still corrosive, but less overt, and so it is in tiny Jena, La, where dangling nooses, an overzealous prosecutor and an insensitive establishment have drawn international attention and generated talk of a new civil rights movement.

Some of the evidence in Jena is murky or in dispute, and the “Jena Six” — the Black teens at the heart of the story — don’t quite conjure images of civil rights heroes of the past. While the Little Rock Nine heroically challenged a bigoted governor who attempted to keep them out of a segregated high school by armed force, the Jena Six are accused of beating a white classmate in front of dozens of witnesses.

The question is whether they, like so many other Blacks, were wronged because of their race. They were charged with attempted murder even though the beating victim was well enough to go to a school function that night. The cases are still being adjudicated. However, a careful review of the known events that led up to the beating suggests that the way white authorities handled racial tensions in their overwhelmingly white town may well have turned a manageable, teachable situation into a racial maelstrom.

School officials appear to have minimized or patronized Black concerns, while the district attorney filed inappropriately severe charges against the Black teens — a double standard that rightly resonated with Blacks across the nation. The story revolves around two primary, but not directly related, episodes: The Nooses. Thirteen months ago, when a Black student asked at a Jena High School assembly whether he could sit under a tree known as a gathering place for white students, an assistant principal told him he could sit anywhere he wanted. The next day, though, two nooses were found dangling from the tree.

Hanging nooses is not a crime under Louisiana law, but, in a state where 335 Blacks were lynched from 1882 to 1968 (a total exceeded only in Mississippi, Georgia and Texas), it is a repugnant, overtly racist act. Three white students were quickly identified as the perpetrators. The principal recommended their expulsion. But a school board committee overruled him. The students were suspended — but the length and terms were not disclosed. “Some alternative suspension, along with other criteria,” LaSalle Parish School Supt. Roy Breithaupt told the Town Talk in nearby Alexandria, La., shortly afterward.

The vague language proved maddening. Stories circulated that the suspension was for three days; this echoed in multiple media reports and became an article of faith. Just in the past few days, Supt. Breithaupt has begun saying that the students were suspended at an alternative school for nine days, served “in-school” suspension for two weeks and faced detentions and other penalties — a far more fitting response.

In the absence of any clarity, though, Black parents and other Blacks in the community, incensed over the nooses, grew more angry at this perceived leniency. Some tried to talk to the school board and were turned away, according to the Alexandria newspaper. At the next meeting, one parent got five minutes to speak. When she was done, only the lone Black on the 10-member board thanked her. The meeting went right on. “They act like she didn’t even come,” one parent told a reporter.

The school’s response to the nooses was almost as clumsy. Officials called an assembly to calm students and invited District Attorney Reed Walters. “I can be your best friend or your worst enemy. With the stroke of a pen I can make your life miserable,” District Attorney Walters recalled warning the students. That blunt statement ignited deeper resentment.

Three months after the nooses appeared, in early December, two scuffles over a single weekend revived racial tensions. When school opened on Monday, Dec. 4, they exploded. A Black student — identified by some witnesses as 16-year-old Mychal Bell — hit Justin Barker, a white student, as he walked into the schoolyard after lunch. As Justin Barker lay motionless on the ground, Black students allegedly kicked him in the head. He was treated for cuts, bruises and a swollen eye and released from the hospital later that day. He attended a school ceremony that night. J

ustin Barker was not involved in the noose incident, authorities said, and they found no hard evidence to connect that incident to the assault. Six students, ages 14 to 18, were arrested. Mr. Walters, the district attorney, charged five with attempted second degree murder and conspiracy, driving home his point that he could make lives miserable. Together, the two charges carry prison sentences of up to 75 years. All six students, including one charged as a juvenile, were expelled. A judge set high bonds — $70,000 to $138,000.

Mychal Bell spent nearly 10 months in jail. Another teen spent more than six. As the case started drawing national attention, District Attorney Walters began reducing the charges. Mychal Bell was tried first. He was convicted of aggravated battery and conspiracy by an all-white jury in June. (Only whites showed up for jury duty that day, according to the Alexandria paper, not necessarily surprising in a parish that is 86 percent white and 12 percent Black.)

Since then, an appeals court has overturned Mychal Bell’s conviction, ruling he should not have been tried as an adult on those particular charges. District Attorney Walters said he will prosecute Mychal Bell again, this time as a juvenile. Four others, ages 17 and 18 when the fight occurred, still face charges as adults.

By this summer, the perceived under-reaction to the nooses, contrasted with the harsh treatment of the six teens, had caught fire on Black radio and reverberated across the Internet. The national media descended on Jena, and on Sept. 20, civil rights activists, including Al Sharpton and Jesse Jackson, led a rally that drew thousands to the town, many waving signs proclaiming, “Free the Jena 6.”

What works on a placard, however, will not resolve a criminal case. If the six Jena teens were involved in beating Justin Barker, they are no choir boys. Mychal Bell, for example, has been found responsible for several juvenile crimes, including two batteries and was on probation at the time of the beating, according to the Town Talk. (For that matter, the victim, Justin Barker, was arrested last May at Jena High after a gun was found in his truck.)

The six accused teens deserve to be dealt with by the criminal justice system — but fairly and judiciously. Instead, District Attorney Walters brought the most severe charge imaginable. He cited the sneakers the teens wore as lethal weapons. He failed to take into account their youth. The community was left to wonder: Would District Attorney Walters have done the same if the “Jena Six” were white teens and their alleged victim were Black?

That point resonates with Black Americans, not because this case is an aberration in 2007, but because it seems so commonplace. Just ask any Black man who has been stopped for “driving while Black” — and most will tell you they have, or look at the findings of a 1999 study of the city of New York’s “stop and frisk“ program, which concluded that Blacks were detained at higher rates than whites.

While Blacks made up about a quarter of the city’s population, about 51 percent of all persons stopped were Black, the New York attorney general found. Other research, published by Stanford University, suggests prosecutors consider white victims, especially of non-white offenders, to be more credible than non-white victims. Is it any wonder so many Blacks are distrustful of the criminal justice system?

Throughout the episodes in Jena, authorities seem to have lost sight of the obvious goal when a teenager goes off track. It is to salvage his life — usually by some mix of punishment and instruction — not to destroy it.

That applies to noose hangers and muggers, though perhaps not in equal proportions. More broadly, authorities in Jena appear to have had ample opportunities to use those hateful nooses to open talks about race relations with students and parents, Black and white — the most productive outlet for racial tensions. District Attorney Walters had a chance to use his discretion more wisely. If there is a lesson here for the rest of the nation, it is to recognize that color-blind justice is far too rare and that, when racial tensions simmer, they need a peaceful outlet, not hot flames that will bring them to a boil.

4 thoughts on “A Missed Opportunity: Jena 6 Racial Uproar Preventable

  1. Hanging nooses is not a crime under Louisiana law, but, in a state where 335 Blacks were lynched from 1882 to 1968…
    {{Homicides, 1,937-40.84%
    Felonious Assault,205-4.32%
    Rape, 912-19.22%
    Attempted Rape, 288-6.07%
    Robbery and Theft, 232-4.89%
    Insult to White Person, 85-1.79%
    All Other Causes, 1,084-22.85%}}
    These are the same numbers from the Tuskeegee Institute that are quoted in the article. Obviously, these people who were hung were dealt vigilante justice. Given the state of affairs with how criminals get away with their crimes, I am not so sure that is a bad idea anymore.
    But, compare this to the “small-change” genocide attempted by the American Black since 1976; Black-on-White homicide- 26,727
    By comparison, view the White-on-Black homicide; 9844
    Besides paling by comparison to the lynching numbers, who we are supposed to feel guilty about, Blacks have very much more compensated for the relatively small numbers of them, who more than likely were found not guilty by Black juries, were hung. Somehow, I do not feel guilty for those hung. Guilty as charged.

  2. Jimmy, as a reader pointed out the last time you made this specious (and deeply disturbing) argument, it isn’t surprising that the disparity in numbers between black and white males would suggest that black males have far more encounters with white males than vice versa. Also, when we consider the high correlation between poverty and crime, and the fact that law enforcement targets poor communities, we should expect to see much higher incidents of reported crime, violent and otherwise, in predominantly black neighborhoods. This would be true even if the criminal justice system dispensed equal justice.

    But the real flaw in your argument is the comparison between crimes perpetrated by desperate criminals in bars and back allies and crimes perpetrated by smiling church deacons and bank presidents between courses of potato salad and fried chicken.

    As I said earlier, I am allowing you to post this stuff because I believe in free expression. However, I should point out that I have offered you just enough rope to hang yourself, and I strongly suggest you decline the offer next time.

  3. I’d like to point out that “vigilante justice” is not justice, and that in this country, defendants are presumed innocent until proven guilty.

  4. As federal attorney Donald Washington pointed out in interviews, had the Justice Department decided to file a hate crime charge against the three students who hunt the nooses, the charges would have been a misdemeanor since it would have been considered a nonviolent hate crime. Washington said the department took the three students’ age in consideration in deciding not to file chargew, but age was also a consideration in the Jena Six case. The youngest member of the Jena Six is not expected to be charged; like the three students who hung the nooses, he gets a “bye” because of his age.

    In the fight at the private party that preceded the attack on Justin Baker, the Jena prosecutor did file charges against Justin Sloan, a 21-year-old white male for hitting Robert Bailey, a member of the Jena Six. This leads one to believe he would have charged six white students accused of beating a black student.

    The probable reason that the prosecutor dropped the attempted murder charge is because he would have had a tough time convincing a jury that members of the Jena Six actually intended to murder Barker. Counting shoes as deadly weapons does have legal precedence from a case where the victim was kicked to death. Carol Swain, a professor of political science and law at Vanderbilt University, has posted the most insightful article (“Jena Six and the Deadly Sneaker”) on the sneaker controversy on the university’s official web site at
    http://www.vanderbilt.edu/news/releases/2007/10/5/op-ed-jena-six-and-the-deadly-sneaker.

    In some states, simple battery become aggravated battery if it’s committed on public transportation or on school grounds. In most states, one of three things or a combination of three things elevate simple battery to aggravated battery: (1) a deadly weapon is used, (2) serious injuries were inflicted or (3) the victim was vulnerable (helpless or defenseless). In most states, the prosecution could win the Jena Six case simply by proving No. 2. The prosecutor is likley to call the doctors who treated Barker to testify that he suffered a concussion as well as cuts and bruises. Some juries could be persuaded that Barker’s medical bills, which are estimated at $12,000 to $14,000, and the fact that an ambulance was called, indicate serious injuires. The prosecution should have no trouble demonstrated No. 3. Witnesses will testify that members of the Jena Six continue to kick Barker in the head after he lay unconscious (helpless and defenseless on the ground.) However, some bloggers claim that , in Louisiana, simple battery becomes aggravated battery only with a deadly weapon is used. If this is true, the prosecution would have a more difficult burden of proof; it would have to convince the jury that sneakers qualify as deadly weapons. Perhaps they will call Carol Swain to the stand.

    I don’t think Justin Barker was not arrested for having a shotgun in his truck. Carrying shotguns in vehicles is not a crime, a least not in Louisiana. He was expelled for having the shotgun in his truck while it was parked on school grounds, a violation of school district policies.

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