Think what you will of LaSalle Parish District Attorney Reed
Walters, he has done a masterful job of pitting Jena 6 defendants
against one another and the result will probably mean jail time for
each Black teenager. Of the six Black teens accused of beating
Justin Barker, a White schoolmate last year in Jena, La., only Mychal
Bell is known to have had a criminal record, which included two battery
incidents and two charges of criminal damage to property. By first
focusing on Bell, the D.A. has been able to portray Jena 6 as hardened
criminals and, equally important, force Bell into a compromising
position. Recently, Bell struck a deal with the D.A. that includes
testifying against his five co-defendants, if needed. Bell is
presently serving an 18-month sentence for the previous juvenile
charges. In exchange for his pleading guilty to second-degree battery
in connection with the attack on Barker, the prosecutor dropped
aggravated battery and conspiracy to commit battery charges against
Bell. He was sentenced to an additional 18 months to run concurrently
with the term he is already serving. That means, in effect, Bell will
serve a single 18-month sentence that will be counted twice, for his
old juvenile offenses and for his recent plea. He has already served 10
months. If Bell serves all of his time, he could be released in
June. However, those close to the case expect him to be transferred to
a group home rather than spending his remaining time behind bars. With
Bell being placed in the position of serving as the star witness
against the other teens, they are more likely to be convicted if they
refuse to follow Bell’s example and cop a plea. This is the underbelly
of an unfair judicial system. Upon entering his guilty plea, Bell
admitted that he hit the White student, knocking him unconscious, and
joining others in kicking him after he fell to the floor. Therefore,
the D.A. will be using the most culpable of the six teens to obtain
convictions against those who were less involved. That’s the way the
judicial system works – or doesn’t work. Ironically, most of the
public attention has been focused on Bell, who remained in jail longer
than the other fivc. Although he was 16 years old at the time of the
attack and should have had his case adjudicated in juvenile court, he
was wrongly charged with attempted second-degree murder and conspiracy
to commit murder, charges that allow anyone 15 or older to be tried as
adults under Louisiana law. When the prosecutor reduced the original
charges to aggravated second-degree battery and conspiracy to commit
battery, Bell’s case should have reverted to juvenile court. But it was
not reassigned until Bell was convicted in adult court and a state
appeals court threw out the conviction and remanded the case to
juvenile authorities. Even after a hearing for Bell, originally
set for Sept. 20, was postponed, thousands descended on the tiny town
of Jena. Jesse Jackson, Al Sharpton and SCLC President Charles Steele
Jr. were vocal in their support of Bell. However, on Nov. 7, when
four others were scheduled to enter their plea in Jena, there were no
national civil rights leaders present. Busloads of students from around
the nation did not roll into town. And radio talk show hosts, present
in abundance on Sept. 20, were nowhere to be found. Instead, they had
moved on, focusing on yet another demonstration in Washington in a
futile effort to get the Justice Department to be more sensitive to the
selective prosecution of African-Americans. It is disturbing that
civil rights leaders gave more support to the person who has agreed to
testify against his co-defendants than the teens who had less to do
with the beating. If Bell testifies against four others –
Robert Bailey Jr., Carwin Jones, Bryant Purvis, Theo Shaw --- they
could be tried as adults because they were at least 17 years old at the
time of the incident. The sixth defendant, like Bell, was a juvenile at
the time. Although news organizations do not customarily identify
juveniles by name, many – including Black publications – have published
his name. As I said in a previous column, it’s time to return
to Jena because justice has not been served; it is even less likely to
be served now that Mychal Bell has agreed to testify against the other
five defendants. Those anointed as leaders in our community are
good at putting on one-day events. And apparently that’s all Sept. 20
was. The question is whether they will show real leadership and lobby
on behalf of the other five teens in Jena as hard as they worked for
the release of Bell. If they can’t do that, I think I’ll skip such
self-serving publicity stunts in the future.
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