Revision as of 20:06, 2 October 2007 editQworty (talk | contribs)13,129 edits →The "white tree" incident: This "school construction" business is a red herring to diminish the import of the tree--school construction has nothing to do with this case← Previous edit | Latest revision as of 01:57, 16 January 2025 edit undoCahlin29 (talk | contribs)Extended confirmed users3,037 edits →Mychal Bell proceedings | ||
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{{short description|Six black teenagers in Louisiana, convicted in a 2006 beating}} | |||
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The '''Jena Six''' were six ] teenagers in ], convicted in the 2006 beating of Justin Barker, a ] student at the local ], which they also attended. Barker was injured on December 4, 2006, by the members of the Jena Six, and received treatment at an emergency room. While the case was pending, it was often cited by some media commentators as an example of ]. Some commentators believed that the defendants had been charged initially with too-serious offenses and had been treated unfairly. | |||
A number of events had taken place in and around Jena in the months before the Barker assault, which the media have associated with an alleged escalation of local racial tensions. These events included: the hanging of rope ]s from a tree in the high school courtyard, two violent confrontations between white and black youths, and the destruction by arson of the main building of Jena High School. Extensive news coverage related to the Jena Six often reported these events as linked.<ref name="NPR" /> Federal and parish attorneys concluded from their investigations that assessment was inaccurate for some of the events; for instance, the burning of the high school was an attempt to destroy grade records. | |||
{{Current court case|date=September 2007}} | |||
The '''Jena Six''' refers to a group of six ] teenagers who have been charged for the beating of a ] teenager at Jena High School in ], ], ]. On ], ], Justin Barker, a white Jena High School student, was assaulted at school. Barker, according to witnesses, was struck on the back of the head knocking him down, a group of black students then repeatedly kicked him while he was on the ground. The beating followed a series of racially-charged incidents in the town. The six black students were initially charged with attempted second degree murder and conspiracy to commit attempted second degree murder. | |||
Six students—Robert Bailey, then aged 17; Mychal Bell, then 16; Carwin Jones, then 18; Bryant Purvis, then 17; Jesse Ray Beard, then 14; and Theo Shaw, then 17—were ]ed for the assault of Barker. Mychal Bell was initially convicted as an adult of ] and ] to commit aggravated battery. His convictions were overturned on the grounds that he should have been tried as a ]. Before a retrial in ], Bell pleaded guilty to a reduced charge of ]. The other five defendants later pleaded "]" to the same offense and were convicted. | |||
The Jena Six case has sparked protests by those who believe that the arrests and the subsequent charges were excessive and racially discriminatory, alleging a lack of arrests and serious charges against white youths in Jena in earlier incidents in the town. U.S. Attorney Donald Washington — an African American and a Bush appointee<ref name="usdoj">{{cite web|url=http://www.usdoj.gov/usao/law/usattorney/index.html|title=Western District of Louisiana - United States Attorney}}</ref> — who led an investigation into events in the town, has concluded that there is no evidence of unfair prosecution.<ref name="farwell"/> | |||
The Jena Six case sparked protests by people who considered the arrests and subsequent charges, initially ], as excessive and racially discriminatory. The protesters asserted that white Jena youths involved in similar incidents were treated more leniently. On September 20, 2007, between 15,000 and 20,000 protesters marched on Jena in what was described as the "largest civil rights demonstration in years".<ref>{{cite news | first = Andy | last = Gallacher | title = Huge rally in small-town Louisiana | url = http://news.bbc.co.uk/2/hi/americas/7005866.stm | work = BBC News | publisher = BBC | location = Jena, Louisiana | date = September 21, 2007 | access-date = February 2, 2008 }}</ref><ref>{{cite news | first = Maria | last = Newman | title = Jena, La. | url = http://topics.nytimes.com/top/news/national/usstatesterritoriesandpossessions/louisiana/jena/index.html | work = The New York Times | date = September 24, 2007 | access-date = February 2, 2008 }}</ref> Related protests were held in other US cities on the same day.<ref>{{cite news | first = Christine | last = Simmons | title = 'Jena 6' Protest at Justice Dept | url = https://www.washingtonpost.com/wp-dyn/content/article/2007/10/02/AR2007100202254.html | publisher = Associated Press via The Washington Post | location = Washington, D.C. | date = October 2, 2007 | access-date = February 2, 2008 }}</ref> Subsequent reactions included songs alluding to the Jena Six, numerous editorials and opinion columns, and congressional hearings. | |||
Mychal Bell, the only member of the "Jena Six" to be tried so far, has had his convictions set aside, one by the trial judge<ref name="premature">{{cite web |url=http://edition.cnn.com/2007/US/law/09/19/jena.six/ |title=Court: It's 'premature' to consider motion to release Jena 6 defendant |accessdate=2007-09-23| publisher=CNN}}</ref> and the other by the Louisiana Third Circuit Court of Appeal.<ref>{{cite web |url=http://pview.findlaw.com/view/2265720_2?noconfirm=0 |title=FindLaw |accessdate=2007-09-22}}</ref> Both convictions were overturned on the grounds that the defendant should have been tried as a juvenile, not as an adult, because he was sixteen when the incident occurred.<ref name="premature"/><ref name="farwell">{{cite web|url=http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/092007dnmetjenasetup.3645e08.html|title=North Texans marching behind 6 young men in Jena|accessdate=2007-09-20|author=Scott Farwell}}</ref><ref name="overturn"/> Bell was incarcerated for almost 10 months, before being released on ], ], after bail was posted on his behalf. The District Attorney has indicated he does not plan to appeal further, meaning that Bell will be tried as a juvenile. | |||
==Background== | == Background to the assault == | ||
] | |||
=== The "white tree" incident=== | |||
] is located in the town of ], which has about 3,000 people.<ref name="cdata">{{cite web | url = http://www.city-data.com/city/Jena-Louisiana.html | title = Jena, Louisiana (LA) Detailed Profile | access-date = August 25, 2008 |year=2007 | publisher = City-data.com }}</ref> Some early reporting indicated that students of different races seldom sat together, for instance in the cafeteria, although this has been disputed.<ref name="whitetree">{{cite news | first = Todd | last = Lewan | title = Black and White Becomes Gray in La. Town | url = https://www.oklahoman.com/story/news/2007/09/22/black-and-white-becomes-gray-in-la-town/61709467007/ | publisher = The Oklahoman | date = September 22, 2007 | access-date = September 7, 2024}}</ref> According to early reports of the school environment, black students when outside typically sat on bleachers near the auditorium, while white students sat under a large tree in the center of the school courtyard, referred to as the "white tree" or "] tree".<ref name="NPR">{{cite news | first = Wade | last = Goodwyn |author-link=Wade Goodwyn| title = Beating Charges Split La. Town Along Racial Lines | url = https://www.npr.org/templates/story/story.php?storyId=12353776 | work = All Things Considered | publisher = National Public Radio | date = July 30, 2007 | access-date = February 2, 2008 }}</ref> According to some of the school's teachers and administrators, the tree in question was not a "white tree", and students of all races had sat under it at one time or another.<ref name="whitetree" /> | |||
] | |||
At ], about 10% of enrolled students are black and more than 85% are white. Early reporting asserted that students of different races seldom sat together, although this has been disputed.<ref name="nowhitetree">{{cite web |url=http://news.yahoo.com/s/ap/20070922/ap_on_re_us/a_place_called_jena |title=Black and white becomes gray in La. town |author=Todd Lewan |publisher=The Associated Press |date=2007-09-22}}</ref> According to early reports, black students typically sat on bleachers near the auditorium, while white students sat under a large tree, referred to as the "white tree" or "] tree", in the center of the school courtyard.<ref name="NPR"> by Wade Goodwyn, '']'' for '']'', ] ]</ref> However, according to some teachers and administrators at the school, the tree in question wasn't a "white tree", and students of all races sat under it at one time or another.<ref name="nowhitetree"/> | |||
At a school assembly held on August 31, 2006, a black male freshman asked the principal whether he could sit under the tree.<ref name="stealth">{{cite news | url = http://news.bbc.co.uk/1/hi/programmes/this_world/6685441.stm | title = 'Stealth racism' stalks deep South | last = Mangold | first = Tom | work = BBC News | date = August 16, 2007 | access-date = August 23, 2008 }}</ref> According to ], ] for the ], the principal said the question was posed in a "jocular fashion".<ref name="clearup">{{cite news|url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990004 |archive-url=https://archive.today/20130204060816/http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990004 |url-status=dead |archive-date=February 4, 2013 |title=Official sought to clear up 'Jena Six' 'misinformation' |last=Brown |first=Abbey |newspaper=The Town Talk |location=Alexandria-Pineville, Louisiana |date=July 31, 2007 |access-date=August 23, 2008 }}</ref> The principal told the students they could "sit wherever they wanted".<ref name="stealth" /> CNN reported that the freshman and his friends sat under the tree.<ref>{{cite news | url = http://www.cnn.com/2007/POLITICS/09/19/jackson.jena6/ | title = Jesse Jackson: Obama needs to bring more attention to Jena 6 | last = Mooney | first = Alexander | publisher = CNN | date = September 19, 2007 | access-date = August 23, 2008 |archive-url=https://web.archive.org/web/20090423035721/http://www.cnn.com/2007/POLITICS/09/19/jackson.jena6/|archive-date=April 23, 2009}}</ref> | |||
=== Noose hanging === | |||
The following morning, nooses were discovered hanging from the tree. Reports differ whether there were three<ref name="NPR"/> {{mdash}} believed by some to be code for the ]<ref name="nowhitetree"/> {{mdash}} or two.<ref name="nowhitetree"/> School superintendant Roy Breithaupt has stated there were two. A black teacher described seeing both white and black students "playing with , pulling on them, jump-swinging from them, and putting their heads through them."<ref name="nowhitetree"/> According to ''The Jena Times,'' the nooses were removed by 7:15 a.m. after school officials were informed.<ref name="jenatimes"/> | |||
The following morning, students and staff discovered rope ]s hanging from the tree; reports differ as to whether there were two<ref name="whitetree" /> or three<ref name="NPR" /> nooses. A black teacher described seeing both white and black students "playing with , pulling on them, jump-swinging from them, and putting their heads through them" that same day.<ref name="whitetree" /> Craig Franklin, assistant editor of ''The Jena Times'', said the nooses were hung as a prank by three students directed at white members of the school rodeo team. The school's investigating committee had concluded that "the three young teens had no knowledge that nooses symbolize the terrible legacy of the ] of countless blacks in American history".<ref name="MediaMyths" /> The names of those who hung the nooses were not publicly disclosed. | |||
=== Repercussions === | |||
The school disciplinary process which followed is unclear. It has been reported that Jena's principal learned that three white students were responsible and recommended ], that the ] overruled his recommendation, and that Breithaupt agreed with the overruling. It was initially reported that the punishment was reduced to three days of in-school suspension.<ref name="NPR" /><ref name="wapo">{{cite web |url=http://www.washingtonpost.com/wp-dyn/content/article/2007/08/03/AR2007080302098.html |title=La. Town Fells 'White Tree,' but Tension Runs Deep |author=Darryl Fears |publisher=] |date=] ]}}</ref> According to Breithaupt, however, the three students were isolated at an alternative school for nine days, spent two weeks on in-school suspension, served Saturday detentions, had to attend Discipline Court, were referred to , and had to have an evaluation before they were able to return to school as part of the district's Crises Management Policy Procedures.<ref name="blackpanthers"/> | |||
The school disciplinary process that followed is unclear. It was reported that the principal, Scott Windham, learned that three white students were responsible and recommended ], that the ] overruled his recommendation, and that school superintendent Roy Breithaupt agreed with the overruling. It was initially reported that the punishment was reduced to three days of in-school suspension.<ref name="NPR" /><ref name="wapo">{{cite news | url = https://www.washingtonpost.com/wp-dyn/content/article/2007/08/03/AR2007080302098.html | title = La. Town Fells 'White Tree,' but Tension Runs Deep | last = Fears | first = Darryl | newspaper = The Washington Post | access-date = August 23, 2008 | date = August 4, 2007 }}</ref> Under the district's Crisis Management Policy Procedures, the three students were isolated at an alternative school "for about a month",<ref name="whitetree" /> spent two weeks on in-school suspension, served Saturday detentions, had to attend Discipline Court, were referred to Families in Need of Services, and had to have an evaluation before they were able to return to school.<ref name="whitetree" /><ref>{{cite web |last1=Barr |first1=John |title='Jena Six' controversy swirls around football star |url=https://www.espn.com/espn/news/story?id=3030458 |website=ESPN |date=September 21, 2007 |access-date=August 1, 2020}}</ref> | |||
The school superintendent was quoted as saying, " |
The school superintendent was quoted as saying, "Adolescents play pranks. I don't think it was a threat against anybody".<ref name="tribune2">{{cite news | first = Howard | last = Witt | title = Racial demons rear heads | url =https://www.chicagotribune.com/2007/05/20/racial-demons-rear-heads-3/ | newspaper = Chicago Tribune | location = Jena, Louisiana | date = May 20, 2007 | access-date = February 2, 2008 }}</ref> Black residents of Jena have said that this comment stoked racial tensions leading to subsequent events.<ref name="wapo" /> | ||
According to US Attorney Donald Washington, the ] (FBI) investigators found that the hanging of the nooses "had all the markings of a ]". But, it could not be prosecuted as such since juveniles are rarely prosecuted in the federal system, and this offense did not meet departmental standards for charges to be brought.<ref name="notrelated">{{cite news | url = http://www.cnn.com/2007/US/law/09/19/jena.six.link/index.html | title = U.S. Attorney: Nooses, beating at Jena High not related | date = September 19, 2007 | access-date = August 23, 2008 | publisher = CNN|archive-url=https://web.archive.org/web/20080114062319/https://www.cnn.com/2007/US/law/09/19/jena.six.link/index.html|archive-date=January 14, 2008 }}</ref> ] District Attorney ] stated that Washington had found no federal statute under which the teens could be prosecuted, just as he had found no applicable state statute.<ref name="daoped">{{cite news | url = https://www.nytimes.com/2007/09/26/opinion/26walters.html | title = Justice in Jena | date = September 26, 2007 | access-date = August 23, 2008 | last = Walters | first = Reed | newspaper = The New York Times }}</ref> Walters opined: "The people that should be ashamed of what they unleashed on this town".<ref name="farwell">{{cite news|first=Scott |last=Farwell |title=North Texans marching behind 6 young men in Jena |url=http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/092007dnmetjenasetup.3645e08.html |newspaper=The Dallas Morning News |date=September 20, 2007 |access-date=February 2, 2008 |url-status=dead |archive-url=https://web.archive.org/web/20071015073850/http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/092007dnmetjenasetup.3645e08.html |archive-date=October 15, 2007 }}</ref> | |||
The school later had the tree cut down. "School's about to start," Billy Fowler, a new school board member said. "We don't want the blacks coming back up there looking at the tree knowing what happened, or the whites. We just want to start fresh." Others felt that cutting down the tree wasn't an effective way to address the problem of racism in Jena. "Cutting down that beautiful tree won't solve the problem at hand," said Caseptla Bailey, local ] president and mother of Robert Bailey Jr., one of the six black teens. "It still happened." | |||
<ref> By Abbey Brown, Louisiana Gannett News </ref> | |||
The school called police to the school in the days after the noose incident.<ref name="whitlock" /> The principal called an assembly on September 6, 2006. The Jena Police Department asked Parish Attorney Walters to attend and speak at the assembly. Already pressed for time due to a case under preparation, Walters felt that the students were not paying proper attention to him. He warned them, "I can be your best friend or your worst enemy. With the stroke of a pen I can make life miserable for you or ruin your life. So I want you to call me before you do something stupid".<ref name="whitlock">{{cite news | url = http://www.kansascity.com/sports/columnists/jason_whitlock/story/296701.html | title = Jena 6 case caught up in whirlwind of distortion, opportunism | last = Whitlock | first = Jason | author-link = Jason Whitlock | date = September 29, 2007 | access-date = October 1, 2007 | newspaper = The Kansas City Star | archive-url = https://web.archive.org/web/20071012042224/http://www.kansascity.com/sports/columnists/jason_whitlock/story/296701.html | archive-date = October 12, 2007|url-status=dead }}</ref> Though black students say Walters was looking at them when he made the comments, Walters and school board member Billy Fowler, also present, deny it.<ref name="NPR" /> Walters said that he was irritated at "two or three girls, white girls, were chit-chatting on their cellphones or playing with their cellphones".<ref name="MediaMyths" /> | |||
U.S. Attorney Donald Washington stated, the FBI agents who investigated the incident and the federal officials who examined it found that the hanging of the nooses "had all the markings of a ]." However, it could not be prosecuted as such because it failed to meet federal standards required for the teens to be certified as adults.<ref name="notrelated">{{cite web|url=http://www.cnn.com/2007/US/law/09/19/jena.six.link/index.html|title=U.S. attorney: Nooses, beating at Jena High not related|accessdate=2007-09-20|publisher=CNN.com}}</ref> District Attorney Walters stated that Washington had found no federal statute under which the teens could be prosecuted, just as he had found no applicable state statute."<ref name="daoped">{{cite web|url=http://www.nytimes.com/2007/09/26/opinion/26walters.html?_r=1&oref=slogin|title=Justice in Jena|accessdate=2007-09-26|author=Reed Walters | publisher=The New York Times}}</ref> | |||
=== School arson, fight, and confrontation === | |||
In late July 2007, Washington noted that of the more than 40 statements taken regarding the assault, none mentioned the noose incident.<ref name="clearup" /> ] District Attorney ] has stated there was no linkage between the noose incident and the beating. "When this case was brought to me and during our investigation and during the trial, there was no such linkage ever suggested. This compact story line has only been suggested after the fact."<ref name="notrelated"/> | |||
On November 30, 2006, the main building of the high school was destroyed by ]. Although it would be many months before the perpetrators were known, the news media later widely cited the fire as a racially charged event leading up to the assault on Barker.<ref name="NPR" /> On December 28, 2007, LaSalle Parish Sheriff-elect Scott Franklin announced that an investigation had shown that the fire was set in an effort to destroy grade records in the building and to close the school for a time. Six male suspects (three juveniles and three adults) had been arrested, and two more adult males were being sought. Franklin indicated that the fire was not racially motivated, and had no connection to the Jena Six.<ref name="face charges" /> Two of the arson defendants pleaded guilty, and were sentenced to ten years in prison, with restitution ordered in the amount of $10 million.<ref name="hot">{{cite news | title = Three still awaiting trial in Jena High arson case | work = The Town Talk | date = December 13, 2008}} {</ref> | |||
] | |||
===The "pen statement"=== | |||
Police were called to the school several times in the days after the noose incident in response to a rash of interracial fights between students.<ref name="clearup" /> The principal took action by calling an impromptu assembly on ], ], in which students segregated themselves into white and black sections. The Jena Police Department asked La Salle ] District Attorney ] to attend and speak at the assembly. Allegedly, Walters was unhappy with the request because he was busy preparing for a case and, upon arrival, felt that the students were not paying proper attention to him.<ref name="clearup" /> He warned the students that he could be their friend or their worst enemy, and he stated that "ith one stroke of my pen, I can make your life disappear."<ref name="NPR"/> Though black students state Walters was looking at them when he made the comments, Walters and school board member Billy Fowler, also present, deny it.<ref name="NPR" /> | |||
On December 1, 2006, a private party was held at the Jena Fair Barn.<ref name="clearup" /> Bailey and four other black youths tried to enter the party at about 11:00 p.m. According to U.S. Attorney Washington, they were told by a woman that no one was allowed inside without an invitation. The youths persisted, stating that some friends were already at the party. A white male, who was not a student, moved in front of the woman and a fight ensued. After the fight broke up, the woman told both the white male and the black students to leave the party. Once outside, the black students were involved in another fight with a group of white males who were not students.<ref name="clearup" /> Justin Sloan, a white male, was charged with ] for his role in the fight and was put on probation. Bailey later said that one of the white males broke a beer bottle over his head,<ref name="wapo" /> but there are no records of Bailey receiving medical treatment.<ref name="clearup" /> | |||
According to ''The Jena Times'', police began patrolling the halls of Jena High on ]. The following day, the school received a report that a student had brought a gun on campus, prompting a total lockdown, though no gun was ever found.<ref name="jenatimes">{{cite web|url=http://www.thejenatimes.net/home_page_graphics/home.html|title=Chronological Order of Events concerning "Jena Six"|publisher=The Jena Times|accessdate=2007-09-20}}</ref> | |||
The following day, an incident occurred at the ''Gotta Go'' convenience store, outside Jena in unincorporated LaSalle Parish, between Matt Windham and three black youths, including Bailey.<ref name="lasupct">{{cite court |litigants=State of Louisiana v. Robert Bailey |opinion=Johnson, J., dissenting from denial of certiorari |court = Louisiana Supreme Court | date = December 7, 2007 | url = http://www.lasc.org/opinions/2007/07KK1922.bjj.pdf|format=PDF }}</ref> Law enforcement reported that their accounts contradicted each other. Windham alleged that Bailey and his friends chased him, that he ran to get his gun, and that the students wrestled it away from him. According to the black students, as they left the convenience store, they were confronted by Windham with a shotgun. They said they wrestled the gun away from him and fled the scene. Bailey was charged with disturbing the peace, second-degree robbery, and theft of a firearm.<ref name="face charges">{{cite news | first = Elaine | last = McKewon | title = Jena Six timeline | url = http://www.bayoubuzz.com/News/Louisiana/Politics/Jena_Six_Timeline__4731.asp | work = The Bayou Buzz | date = September 21, 2007 | access-date = August 22, 2008 | archive-url = https://web.archive.org/web/20071011082448/http://www.bayoubuzz.com/News/Louisiana/Politics/Jena_Six_Timeline__4731.asp | archive-date = October 11, 2007|url-status=dead }}</ref> | |||
===Students attempt to address school board=== | |||
On ], ], black students and their parents<ref></ref> attempted to address the school board concerning the recent events but were refused because the board was of the opinion that the noose incident had been adequately resolved.<ref>{{cite web|url=http://www.bayoubuzz.com/News/Louisiana/Politics/Jena_Six_Timeline__4731.asp|title=Jena Six Timeline |accessdate=2007-09-26|author=Elaine McKewon |publisher=Bayou Buzz}}</ref> | |||
== |
== Attack on Barker == | ||
A group of black students punched, kicked, and stomped on a white 17-year-old Jena High School student, Justin Barker, on December 4, 2006. At first the black attackers claimed that they beat victim Justin Barker because he made a racist joke, but subsequently they advanced the explanation they beat him because they encountered three nooses.<ref>{{cite web | url=https://www.nbcnews.com/id/wbna44275022| title = 5 years later, Jena 6 move on | date = August 25, 2011 | access-date = December 20, 2015 | publisher = NBC News | last = Foster | first = Mary}}</ref> Superintendent Breithaupt described the battery as a "premeditated ambush and attack by six students against one. The victim attacked was beaten and kicked into a state of bloody unconsciousness".<ref>{{cite news | publisher = CBS News | title = Jena Six teen to be freed on bail | url = https://www.cbsnews.com/news/jena-6-teen-free-on-bail/ | date = September 27, 2007 | access-date = 2020-12-08}}</ref> Barker was released from a local emergency room after three hours of treatment and observation for a ] and an eye that had swollen shut.<ref name="wapo" /> The emergency physician's record shows that he also had injuries to his face, ears, and hand.<ref>{{cite news|url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/70916045 |archive-url=http://arquivo.pt/wayback/20090717110417/http://www.thetowntalk.com/apps/pbcs.dll/article?AID=%2F99999999%2FNEWS%2F70916045 |url-status=dead |archive-date=July 17, 2009 |title=Documents give details about fight |date=June 11, 2007 |access-date=August 23, 2008 |newspaper=The Town Talk |last=Brown |first=Abbey }}</ref> He attended his school's ] ceremony and dance that evening. He later testified, "I waited 11 years to go to it. I wasn't going to let that get in my way". He left the dance early due to pain.<ref name="testify">{{cite news | url = http://www.katc.com/Global/story.asp?S=6719374 | title = Victim in Jena 6 case takes the stand | date = June 11, 2007 | access-date = September 20, 2007 |agency=Associated Press | archive-url = https://web.archive.org/web/20071011143108/http://www.katc.com/Global/story.asp?S=6719374 | archive-date = October 11, 2007|url-status=dead }}</ref> During the trial, Barker testified that his face was badly swollen after the attack and that he suffered a loss of vision in one eye for three weeks. He said that he had suffered recurring headaches and forgetfulness since the attack.<ref name="forget">{{cite news | url = https://www.nbcnews.com/id/wbna19488285 | title = Black teen convicted in beating of white student | date = July 2, 2007 | access-date = September 23, 2007 |agency=NBC News }}</ref> | |||
On ] ], a wing of the main building of the high school was set on fire. That portion of the building was gutted and had to be later demolished.<ref name="NPR" /><ref>{{cite web |url=http://www.thejenatimes.net/highschool_galleries/Jena_Football07/gallery12/index.htm |title=Photo gallery of demolition |publisher=]}}</ref> While arson was determined to be the cause, the arsonists have never been identified. | |||
US Attorney Washington stated he did not believe the noose incident and the beatings were related. Walters likewise said that he believed there was no link between the noose incident and the beating. "When this case was brought to me and during our investigation and during the trial, there was no such linkage ever suggested. This compact storyline has only been suggested after the fact."<ref name="notrelated" /> Although Washington believed that both the noose hangings and the Barker battery were symptoms of racial tension, he has also said that there was no apparent lingering anger among students at the school after the nooses were found.<ref name="distort">{{cite news | title = U.S. Attorney: Critics in Jena Six case have distorted the facts | url = http://www.ktbs.com/story/22372203/us-attorney-critics-in-jena-six-case-have-distorted-the-facts | publisher = KTBS-3 | date = April 30, 2008 | access-date = May 24, 2008 | url-status = dead | archive-url = https://archive.today/20141217190658/http://www.ktbs.com/story/22372203/us-attorney-critics-in-jena-six-case-have-distorted-the-facts | archive-date = December 17, 2014 }}</ref> | |||
===Fair Barn party incident=== | |||
] | |||
On Friday, ], ], there was a private party, attended mostly by whites but with some blacks, at the Jena Fair Barn.<ref name="jenatimes"/> Five black youths, including 16-year-old Robert Bailey, Jr., attempted to enter the party at about 11 p.m. According to U.S. Attorney Washington, they were told by a woman that no one was allowed inside without an invitation. The five youths persisted, stating that some friends were already in attendance at the party. A white man, who was not a student, then jumped in front of the woman and a fight ensued. After the fight broke up, the woman told both the white man and five black youths to leave the party. Once outside, the black students were involved in another fight with a group of white men, who were not students.<ref name="clearup" /> Police were called to investigate. Justin Sloan, a white male, was charged with ] for his role in the fight and was put on ]. Bailey later stated that one of the white men broke a beer bottle over his head,<ref name="wapo" /> but there were no official records of Bailey receiving medical treatment.<ref name="clearup" /> | |||
== Criminal cases == | |||
===Convenience store incident=== | |||
Law enforcement arrested six students, eventually dubbed the "Jena Six", who were accused in the attack on Barker.<ref>{{cite news | url = http://edition.cnn.com/2007/US/law/09/04/bell.jena.six/ | publisher = CNN | title = Residents: Nooses spark school violence, divide town | access-date = September 4, 2007 | date = September 5, 2007 |author=McLaughlin, Eliott C. & ] }}</ref> Five of them (Robert Bailey Jr., then 17; Mychal Bell, then 16; Carwin Jones, then 18; Bryant Purvis, then 17; and Theo Shaw, then 17) were charged with attempted murder.<ref name="lasupct" /> The sixth student, Jesse Ray Beard (also known as Jesse Rae Beard), was charged as a juvenile. Walters charged Mychal Bell as an adult,<ref name="overturn" /> although he was only 16, because of his previous ] and because Walters believed Bell initiated the attack.<ref name="releaseabc" /> | |||
On Saturday, ] ], another incident involving Bailey occurred at a local convenience store. A white student who had attended the Fair Barn party encountered Bailey and several friends. Reports from the involved parties are conflicting. <ref name="clearup" /> Local police reported that the accounts of the white student and black students contradicted each other and formed a report based on testimony taken from eyewitnesses. The white student claimed that Bailey and his friends chased him, that he ran to get his gun, and that the students wrestled it away from him. According to the black students, as they left the convenience store, they were confronted by the white student with a shotgun. They stated they wrestled the gun away from him and fled the scene. After hearing from an uninvolved witness of unspecified race, the police charged Bailey and two others with three counts: theft of a firearm, second-degree robbery, and disturbing the peace. The white student who produced the weapon was not charged.<ref name="NPR" /><ref name="clearup" /> | |||
=== Mychal Bell proceedings === | |||
==Jena Six legal case== | |||
District Judge J. P. Mauffray Jr. presided over Bell's trial. On the first day of trial, June 26, 2007, Walters reduced the charges to aggravated second-degree battery and conspiracy to commit aggravated second-degree battery.<ref>{{cite news|url=https://www.theguardian.com/worldlatest/story/0,,-6738454,00.html |archive-url=https://web.archive.org/web/20071025141828/http://www.guardian.co.uk/worldlatest/story/0%2C%2C-6738454%2C00.html |archive-date=October 25, 2007 |title=Charges Reduced for Student in La. Fight |last=Foster |first=Mary |publisher=Associated Press via The Guardian |date=June 27, 2007 |location=London |url-status=dead }}</ref> The charge of aggravated battery requires the use of a "dangerous weapon",<ref name="abdef">{{cite news|first=Bill |last=Quigley |author-link=William P. Quigley |title=The Recent Lessons of Louisiana |url=https://www.un.org/Pubs/chronicle/2007/issue3/0307p56.htm |work=UN Chronicle |publisher=United Nations |date=November 3, 2007 |access-date=February 8, 2008 |url-status=dead |archive-url=https://web.archive.org/web/20071216162408/http://www.un.org/Pubs/chronicle/2007/issue3/0307p56.htm |archive-date=December 16, 2007 }}</ref> and Walters argued that the tennis shoes worn by Bell while allegedly kicking Barker were dangerous weapons.<ref name="tribune" /> A number of witnesses testified that they saw Bell strike Barker, while other witnesses were unsure Bell was involved at all.<ref name="tribune" /> | |||
===The attack on Barker=== | |||
On ], ], 17-year-old Justin Barker, a white Jena High School student, was assaulted at school. According to witnesses, he was struck on the head by a black student, knocking him unconscious. A group of black students then repeatedly kicked him.<ref name="transcripts">{{cite web|url=http://www.evangelicaloutpost.com/archives/003979.html|title=The Jena 6 Documents|accessdate=2007-10-02}}</ref> | |||
Before the trial began, ] Blane Williams had urged Bell to accept a ]. At trial he rested the defense case without calling any witnesses or offering any evidence.<ref name="tribune">{{cite news | last = Witt | first = Howard | title = Louisiana teen guilty in school beating case; Witnesses provide conflicting testimony | newspaper = Chicago Tribune | date = June 29, 2007 | url = http://www.chicagotribune.com/news/nationworld/chi-jena_witt.1jun29,1,1872156.story?coll=chi-newsnationworld-hed | access-date = July 16, 2007 }}</ref> The six members of Bell's jury were ]. The 150-person ] included black citizens, who make up 10 percent of the parish's population, but none of the 50 potential jurors who showed up were black.<ref name="whitetree" /> Williams did not challenge the composition of the jury pool.<ref name="tribune" /> | |||
Some individuals have stated that Barker had mocked Robert Bailey, Jr., who had allegedly been beaten up by a white man the previous Friday.<ref name="NPR"/> Barker denies that.<ref name="townturmoil">{{cite web|url=http://www.msnbc.msn.com/id/20218937/site/newsweek/page/0/|title=A Town In Turmoil|accessdate=2007-09-20|author=Gretel C. Kovach and Arian Campo-Flores | publisher=Newsweek}}</ref> | |||
The jury found Bell guilty, and he faced the possibility of up to 22 years in prison. The judge scheduled sentencing for September 20, 2007. Bell's new defense attorneys, Bob Noel, Walter Lee Perkins Jr., Peggy Sullivan, Louis Scott and Carol Powell-Lexing, requested a new trial on the grounds that Bell should not have been ].<ref>{{cite news|url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990017 |archive-url=https://archive.today/20120917194828/http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990017 |url-status=dead |archive-date=September 17, 2012 |title=Defense attorney says Bell case should be in juvenile system |date=August 16, 2007 |access-date=August 23, 2008 |last=Brown |first=Abbey |newspaper=The Town Talk }}</ref> A request to lower Bell's $90,000 bond was denied on August 24, 2007, due to his juvenile record. Bell had been put on probation for a battery that occurred December 25, 2005. While on probation, he was convicted of another battery charge and two charges of criminal damage to property.<ref>{{cite web | url = http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20070825/NEWS03/708250353 | title = 'Jena Six' defendant's criminal history comes to light; bond denied | date = August 25, 2007 | access-date = August 23, 2008 | last = Brown | first = Abbey | publisher = The Town Talk via The Shreveport Times | archive-date = January 12, 2015 | archive-url = https://web.archive.org/web/20150112004051/http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=%2F20070825%2FNEWS03%2F708250353 | url-status = dead }}</ref> One of the battery charges was reportedly for punching a 17-year-old girl in the face.<ref>{{cite web | title = 'Jena Six' controversy swirls around football star | publisher = ESPN | url = https://www.espn.com/espn/news/story?id=3030458 | date = September 21, 2007 | access-date = August 23, 2008 |author1=Barr, John |author2=Noren, Nicole }}</ref> The media had initially reported that Bell had no prior criminal record.<ref name="wapo" /> On September 4, 2007,<ref>{{cite web|url=http://www.democracynow.org/article.pl?sid=07/09/05/1422246 |title=Judge reduces charges in Jena 6 case but refuses to overturn Mychal Bell conviction |date=September 5, 2007 |access-date=August 23, 2008 |publisher=Democracy Now! |url-status=dead |archive-url=https://web.archive.org/web/20071114112430/http://www.democracynow.org/article.pl?sid=07%2F09%2F05%2F1422246 |archive-date=November 14, 2007 }}</ref> Judge Mauffray ] the conspiracy conviction on the grounds that Bell should have been tried as a juvenile, but he let the battery conviction stand.<ref name="premature">{{cite news | url = http://edition.cnn.com/2007/US/law/09/19/jena.six/ | title = Court: It's 'premature' to consider motion to release Jena 6 defendant | date = September 19, 2007 | access-date = August 23, 2008 | publisher = CNN |archive-url=https://web.archive.org/web/20090217032716/https://edition.cnn.com/2007/US/law/09/19/jena.six/|archive-date=February 17, 2009}}</ref> Bell ]ed his conviction, principally on the ground that he had been improperly tried as an adult. On September 14, 2007, Louisiana's Third Circuit Court of Appeals overturned Bell's battery conviction, agreeing that this remaining charge was not among those for which a juvenile may be tried as an adult.<ref name="overturn">{{cite news | title = Court overturns conviction in Jena beating | publisher = NBC News | date = September 14, 2007 | url = https://www.nbcnews.com/id/wbna20779755 | access-date = September 14, 2007 }}</ref> | |||
Schools superintendent Ray Bleithaupt stated that the attack was no ordinary schoolyard fight. "It was a premeditated ambush and attack by six students against one," Bleithaupt said. "The victim attacked was beaten and kicked into a state of bloody unconsciousness."<ref name="dropit">{{cite news | author = Doug Simpson | publisher = Associated Press | url=http://news.yahoo.com/s/ap/20070927/ap_on_re_us/jena_six_14;_ylt=ArgksIfhl1pIY_dQnNRmN2kE1vAI| accessdate = 2007-09-27 | title= DA won't challenge 'Jena 6' ruling}}</ref> | |||
Following the appellate ruling,<ref name="CNN1">{{cite news | title = Thousands 'march for justice' in Jena, court orders hearing on teen | publisher = CNN | url = http://www.cnn.com/2007/US/law/09/20/jena.six/index.html | date = September 20, 2007 | access-date = September 21, 2007 }}</ref> on September 21, 2007, Judge Mauffray denied the request for Bell to be eligible for bail pending possible further appeal.<ref>{{cite news | title = Bond hearing for Jena Six defendant | agency = Associated Press | url = http://www.ktbs.com/story/22331923/bond-hearing-for-jena-six-defendant | date = September 21, 2007 | access-date = August 23, 2008 | url-status = dead | archive-url = https://archive.today/20141217190604/http://www.ktbs.com/story/22331923/bond-hearing-for-jena-six-defendant | archive-date = December 17, 2014 }}</ref><ref>{{cite web | title = Bail denied for Jena suspect |website=NBC News | url = https://www.nbcnews.com/id/wbna20909145 | date = September 20, 2007 | access-date = September 21, 2007 }}</ref> On September 26, Parish Attorney Walters announced that the prosecution would not appeal the appellate ruling, but would try Bell as a juvenile.<ref name="noappeal">{{cite news | title = Mychal Bell of 'Jena 6' released on bail | publisher = CNN | date = September 27, 2007 | url = http://edition.cnn.com/2007/US/law/09/27/jena.six/?iref=mpstoryview/s/ap/20070927/ap_on_re_us/jena_six_7 | access-date = August 22, 2008 }}</ref> Bell was released on $45,000 bond,<ref name="releaseabc">{{cite news |url=https://www.nbcnews.com/id/wbna21000774| title = Jena 6 Teen Released on $45,000 Bail |agency=Associated Press | date = September 27, 2007 }}</ref> subject to electronic monitoring and under the supervision of a probation officer. | |||
According to relatives of the accused, the six defendants have all been expelled from school. | |||
<ref name="mississippi"/> | |||
On October 11, 2007, Mauffray found that Bell had violated the terms of his ] for previous convictions. The judge sentenced Bell to 18 months in a juvenile facility on two counts of simple battery and two counts of criminal destruction of property, and Bell was taken into custody. According to Walters, the matter was unrelated to the assault on Barker, and it had not been referred to during the Barker proceedings.<ref>{{cite news | url=https://www.nbcnews.com/id/wbna21259504| title = 'Jena Six' teen Mychal Bell back in jail |agency=NBC News | date = October 12, 2007 }}</ref> The defense filed a motion to dismiss the Barker charges on the ground that retrying Bell would amount to ]. On November 8, 2007, Mauffray denied the motion.<ref>{{cite news | title = Court rejects motion to dismiss juvenile charges in racial school attacks |agency=Associated Press | date = November 8, 2007 | url = http://www.iht.com/articles/ap/2007/11/08/america/NA-GEN-US-Racial-School-Attack.php | newspaper=International Herald Tribune |access-date = August 22, 2008 }}</ref> | |||
===Barker's injuries=== | |||
A doctor treated Barker, who was left unconscious after the attack, at the local hospital. He was released after two hours of treatment and observation for a concussion and an eye that had swollen shut.<ref name="wapo"/> The emergency physician's record shows that he also had injuries to his face, ears and hand.<ref>{{cite web|url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/70916045|title=Documents give details about fight|accessdate=2007-09-20|publisher = The Town Talk| author=Abbey Brown}}</ref> He was able to attend his school's Ring ceremony that evening,<ref name="wapo"/> though he later testified, "I waited 11 years to go to it. I wasn't going to let that get in my way," and that he ended up leaving early due to pain.<ref name="testify">{{cite web|url=http://www.katc.com/Global/story.asp?S=6719374|title=Victim in Jena 6 case takes the stand|accessdate=2007-09-20|publisher = The Associated Press}}</ref> | |||
Bell's retrial in the Barker assault was scheduled for December 6. Three days before the trial began, he pleaded guilty to a reduced charge of battery, and was sentenced to 18 months in a juvenile facility, with credit for time served. He agreed to testify against any of the other assault defendants at trial. All appeals were dropped as part of the ].<ref>{{cite news|title=Bell admits role in attack |newspaper=The Town Talk |last=Brown |first=Abbey |date=December 4, 2007 |url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990133 |archive-url=https://archive.today/20120918224933/http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990133 |url-status=dead |archive-date=September 18, 2012 |access-date=August 22, 2007 }}</ref> | |||
During the trial, Barker also testified that his face was badly swollen after the attack and that he suffered a loss of vision in one eye for three weeks. He also stated that he suffered recurring headaches and forgetfulness<ref name="forget">{{cite web|url=http://www.msnbc.msn.com/id/19488285/|title=Black teen convicted in beating of white student|accessdate=2007-09-23|publisher = The Associated Press}}</ref> since the attack, though medical tests have not isolated the cause.<ref name="testify"/> A nurse testified that Barker had a previous history of migraines.<ref name="forget"/> | |||
=== Remaining defendants === | |||
=== Trial, prosecution, and legal proceedings === | |||
On September 4, 2007, charges against Carwin Jones and Theo Shaw were reduced to aggravated second-degree battery and conspiracy,<ref>{{cite news | title = Charges Reduced in 'Jena 6' Attack | publisher = Associated Press via The Washington Post | date = September 4, 2007 | url = https://www.washingtonpost.com/wp-dyn/content/article/2007/09/04/AR2007090401047.html | access-date = September 4, 2007 }}</ref> as were those of Robert Bailey Jr. on September 10.<ref>{{cite news | title = Another Charge Reduced in 'Jena 6' Case | publisher = KYW-TV | date = September 15, 2007 }}</ref> Bryant Purvis was arraigned on reduced charges of aggravated battery and conspiracy to commit aggravated battery on November 7, 2007, and pleaded not guilty.<ref name="nov7towntalk">{{cite news|title=Final 'Jena Six' defendant, Purvis, pleads not guilty to reduced charges |newspaper=The Town Talk |date=November 8, 2007 |url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990122 |archive-url=https://archive.today/20130204080735/http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990122 |url-status=dead |archive-date=February 4, 2013 |access-date=August 22, 2008 }}</ref> Because Louisiana law considers seventeen-year-olds to be adults for purposes of criminal culpability, the charges for these four were unaffected by the appellate ruling overturning Bell's conviction.<ref name="overturn" /> | |||
The police arrested the six students, eventually dubbed the "Jena Six", accused of the attack.<ref>{{cite web|url=http://edition.cnn.com/2007/US/law/09/04/bell.jena.six/?imw=Y&iref=mpstoryemail|title=Residents: Nooses spark school violence, divide town|accessdate=2007-09-04|author=Eliott C. McLaughlin & Susan Roesgen}}</ref> Five of them (Robert Bailey, Jr., then 17; Mychal Bell, then 16; Carwin Jones, then 18; Bryant Purvis, then 17; and Theo Shaw, then 17) were charged with ].<ref name="jenatimes"/> The sixth student, Jesse Ray Beard, was charged as a juvenile because he was 14 at the time.<ref name="hotel">{{cite news | title= Jena hotels sell out in preparation for Thursday rally | publisher= The Shreveport Times | date=] | url= http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20070917/NEWS01/709170320/1060/NEWS01 | accessdate = 2007-09-17 | author=Abbey Brown}}</ref> | |||
Proceedings were on hold for some time pending resolution of various motions to require Mauffray to ]. On July 31, 2008, Mauffray was removed from the cases by Judge Thomas Yeager for making questionable comments about the defendants.<ref>{{cite web |url=https://www.npr.org/2008/08/01/93196840/judge-removed-from-jena-six-case| title = Judge in Jena 6 case is removed |website=NPR | date = August 1, 2008 }}</ref> The ] assigned Judge Yeager to hear the five remaining cases by order signed August 4, 2008.<ref name="Yeager">{{cite news | title = Judge Yeager to hear 'Jena Six' cases | work = The Town Talk | date = August 5, 2008 }}</ref> Walters appealed the recusal order, but his appeal was dismissed on March 4, 2009, as moot, or no longer relevant, as Mauffray had left the bench at the end of 2008.<ref>{{cite news | title = Appeals court: "Jena Six" recusal issue moot point | work = The Town Talk | date = March 7, 2009 }}</ref> | |||
Mychal Bell, aged sixteen at the time of the incident, was charged as an adult.<ref name="overturn"/> The district attorney has stated that he did so due to Bell's criminal record and because he believed Bell initiated the attack.<ref name="releaseabc"/> | |||
On June 26, 2009, the remaining five defendants entered pleas of "no contest" to a charge of simple battery.<ref name="ttover">{{cite news|title='Jena Six' case ends: Remaining 5 defendants given 7 days probation, apologize |work=The Town Talk |date=June 27, 2009 |url=http://www.thetowntalk.com/article/20090627/NEWS01/906270304/-1/NEWSFRONT2/-Jena-Six--case-ends--Remaining-5-defendants-given-7-days-probation--apologize |archive-url=https://archive.today/20130205014318/http://www.thetowntalk.com/article/20090627/NEWS01/906270304/-1/NEWSFRONT2/-Jena-Six--case-ends--Remaining-5-defendants-given-7-days-probation--apologize |url-status=dead |archive-date=February 5, 2013 |access-date=June 27, 2009 }}</ref> The court found them guilty as charged, and sentenced each to a fine of $500 (waived in regards to Shaw due to the time he spent in jail), $500 to be paid as court costs, restitution to be paid to the Barker family (with whom the defendants were ordered to have no contact), and seven days of unsupervised probation. The defendants' lawyers read a statement apologizing to the Barker family and to the town. Addressing the rumors that the attack had been provoked by Barker using a racial epithet, they said on behalf of the defendants:<ref name="over">{{cite news | last = Morgan | first = Robert | title = Five defendants plead no contest in 'Jena Six' case | work = CNN | date = June 26, 2009 | url = http://edition.cnn.com/2009/CRIME/06/26/louisiana.jena.6/ | access-date = June 26, 2009 }}</ref> | |||
==== Mychal Bell proceedings==== | |||
On ], ], the first day of trial for defendant Mychal Bell, Walters agreed to reduce the charges for Bell to aggravated second-degree battery and conspiracy to commit aggravated second-degree battery.<ref>{{cite web |url=http://www.guardian.co.uk/worldlatest/story/0,,-6738454,00.html |title=Charges Reduced for Student in La. Fight |author=Mary Foster |publisher=] via '']'' |date=] ]}}</ref> A charge of aggravated battery requires the use of a "deadly weapon". Walters therefore argued that the tennis shoes that Bell was wearing and used to kick Barker with were deadly weapons, an argument with which the jury ultimately agreed.<ref name="tribune"/> Witness accounts conflicted over his role, if any, in the attack.<ref name="tribune"/> ] Blane Williams, himself a black man, had urged Bell to accept a plea bargain, did not challenge the composition of the jury pool, and rested the defense case without calling any witnesses.<ref name="tribune">{{cite news | last=Witt | first=Howard | title= Louisiana teen guilty in school beating case; Witnesses provide conflicting testimony | publisher= Chicago Tribune | date= ] | url= http://www.chicagotribune.com/news/nationworld/chi-jena_witt.1jun29,1,1872156.story?coll=chi-newsnationworld-hed | accessdate = 2007-07-16 }}</ref> | |||
<blockquote>To be clear, not one of us heard Justin use any slur or say anything that justified Mychal Bell attacking Justin nor did any of us see Justin do anything that would cause Mychal to react.<ref name="ttover" /> | |||
Coach Benjy Lewis, the only adult witness to the incident, stated that another student, Malcolm Shaw, was the initial attacker,<ref name="examiner"/> and was only able to positively identify one other student, not Bell.<ref name="transcripts"/> Lewis was never called to testify in Bell's trial.<ref name="examiner">{{cite news | author = Tuala Williams | publisher = The Dallas Examiner | title=What Went Wrong? The Trial of Mychal Bell of the Jena 6 | accessdate = 2007-09-26 | url=http://www.dallasexaminer.com/cgi-bin/examiner/display_story.cgi?front_Page/story1.txt}}</ref> | |||
</blockquote> | |||
Yeager, who presided over the plea and sentencing, also ordered the youths to avoid criminal activity, and not to disavow the statement made on their behalf in court.<ref name="ttover" /> On June 26, it was announced that the civil case by Barker against the Jena Six members had been settled on undisclosed terms. His civil case against the school board was pending.<ref name="ttciv">{{cite news|last=Morgan |first=Robert |title=Secret settlement reached in 'Jena Six' civil suit |work=The Town Talk |date=June 27, 2009 |url=http://www.thetowntalk.com/article/20090627/NEWS01/906270303/-1/NEWSFRONT2/Secret-settlement-reached-in--Jena-Six--civil-suit |archive-url=https://archive.today/20130419015344/http://www.thetowntalk.com/article/20090627/NEWS01/906270303/-1/NEWSFRONT2/Secret-settlement-reached-in--Jena-Six--civil-suit |url-status=dead |archive-date=April 19, 2013 |access-date=June 27, 2009 }}</ref> | |||
There was a six-member ], although blacks were included in the jury selection process. The 150-person jury call included black citizens, who make up ten percent of the parish's population,<ref name="MTVerror">{{cite web|url=http://www.mtv.com/news/articles/1570444/20070924/id_0.jhtml |title= Jena Report Attempts To Sift Fact From Fiction; FBI Probes White-Supremacist Response |accessdate=2007-09-27| date=2007-09-24 |author=Gil Kaufman| publisher=MTV}}</ref> but none of the 50 potential jurors who showed up were black.<ref name="hotel"/><ref name="nowhitetree"/> One of the seated jurors was a high school friend of the victim's father.<ref>{{cite news | author = Richard McCulloch | title= WAKE UP CALL: A Mother's Pain, A Nation's Shame: Revisiting the case of the Jena Six | publisher= Broward Times | date= ] | url= http://www.browardtimes.com/index.php?option=com_content&task=view&id=432&Itemid=1 | accessdate = 2007-09-18 }}</ref> The jury found Bell guilty, and he faced the possibility of up to 22 years in prison. The judge scheduled sentencing for ], ]. | |||
== Media coverage == | |||
Following the trial, Bell's new defense attorneys, Louis Scott and Carol Powell-Lexing, requested a new trial on the grounds that Bell should not have been tried as an adult and that the trial should have been held in another parish.<ref>{{cite web|url=http://www.dailyreportonline.com/Editorial/News/new_singleEdit.asp?individual_SQL=8%2F15%2F2007%4015984_Public_.htm|title=King calls for support for `Jena Six’|accessdate=2007-08-19|author=Mary Foster }}</ref> A request to lower Mychal Bell's $90,000 bond was denied on ], ], due to his juvenile record. Bell had been put on probation for a battery that occurred ], ], and he was subsequently convicted of another battery charge and two charges of criminal damage to property while still on probation.<ref>{{cite web|url=http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20070825/NEWS03/708250353|title='Jena Six' defendant's criminal history comes to light; bond denied|accessdate=2007-09-14 | author = Abbey Brown}}</ref> Sources told ESPN that one of the battery charges was for punching a 17-year-old girl in the face,<ref>{{cite web | title = 'Jena Six' controversy swirls around football star | publisher = ESPN | url = http://sports.espn.go.com/espn/news/story?id=3030458 | accessdate = 2007-09-28| author=John Barr and Nicole Noren}}</ref> although details of the conviction might be protected under the Louisiana Children's Code.<ref>{{cite web | title = State Statutes on Juvenile Interagency Information and Record Sharing | publisher = Office of Juvenile Justice and Delinquency Prevention | url = http://dept.fvtc.edu/ojjdp/la.pdf | accessdate = 2007-09-28}}</ref> | |||
===News coverage=== | |||
Initially, the Jena Six were largely ignored by the United States national media, though covered locally and within Louisiana. Both ''The Jena Times''<ref name="MediaMyths"/> and ''The Town Talk'' (a regional newspaper published in ])<ref>{{cite news|title=Jena Six|url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/70915030|work=The Town Talk|date=September 3, 2007|access-date=September 2, 2008|url-status=dead|archive-url=https://archive.today/20130204054648/http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/70915030|archive-date=February 4, 2013}}</ref> covered the story from its inception. A number of African-American bloggers also covered the story before there was mainstream national press coverage.<ref name="blogs help drive" /> The first piece on the case to be published by an outside source ran on May 9, 2007, in '']'', a small ] magazine.<ref name="Leftturn">{{cite web|url=http://leftturn.mayfirst.org/?q=node/649 |title=Justice in Jena |access-date=October 20, 2007 |date=May 9, 2007 |last=Flaherty |first=Jordan |publisher=Left Turn Magazine |archive-url=https://web.archive.org/web/20071011212346/http://leftturn.mayfirst.org/?q=node%2F649 |archive-date=October 11, 2007 |url-status=dead }}</ref> | |||
The first mainstream US print media outlet to cover the matter was the '']'', whose Southwest Bureau Chief, Howard Witt, wrote a piece covering the story on May 20.<ref name="tribune2"/> Witt had received a summary of the situation<ref name="foj">{{cite web|url=http://friendsofjustice.files.wordpress.com/2007/07/responding_to_the_crisis_in_jena1.doc|title=Responding to the crisis in Jena, Louisiana|access-date=October 22, 2007|publisher=Friends of Justice |format=DOC}}</ref> from ], a Texas minister who had founded the advocacy group Friends of Justice.<ref>{{cite web|url=http://friendsofjustice.wordpress.com/2007/10/02/howard-witt-responds-indirectly-to-jason-whitlock|title=Howard Witt Responds (indirectly) to Jason Whitlock|access-date=August 22, 2008|date=October 2, 2007|publisher=Friends of Justice}}</ref> The group sent its document to other reporters and bloggers. In it Bean demanded that outside authorities, not those in LaSalle Parish, deal with the case, and that no incarceration of the defendants occur.<ref name="foj"/> ] '']'' also featured an article on the case on May 20.<ref>{{cite news|first=Tom|last=Mangold|title=Racism goes on trial again in America's Deep South|url=http://observer.guardian.co.uk/world/story/0,,2083762,00.html|work=The Observer|publisher=Guardian News and Media Limited|location=Jena, Louisiana|date=May 20, 2007|access-date=February 2, 2008}}</ref> | |||
On ], ],<ref>{{cite web|url=http://www.democracynow.org/article.pl?sid=07/09/05/1422246|title=Judge Reduces Charges in Jena 6 Case But Refuses to Overturn Mychal Bell Conviction|accessdate=2007-09-06|Publisher=Democracy Now!}}</ref> a judge dismissed the conspiracy charge on the grounds that he should have been tried as a juvenile, but let the battery conviction stand.<ref name="premature"/> However, on ], ], Louisiana's Third Circuit Court of Appeals overturned Bell's battery conviction, also ruling that he shouldn't have been tried as an adult. Louis Scott, Bell's attorney, has indicated that the ruling dismissed the charges for now, but that the prosecutor could appeal or refile the charges.<ref name="overturn">{{cite news | title= Court overturns conviction in Jena beating | publisher= MSNBC.com | date=] | url= http://www.msnbc.msn.com/id/20779755/ | accessdate = 2007-09-14 }}</ref> | |||
A segment on a ] program '']'' followed on May 24.<ref>, ''This World'', bbc.co.uk, May 23, 2007.</ref> The case began to receive more extensive national media coverage in July 2007, with ] interviewing Jena residents and parents of those involved.<ref>, CNN Newsroom video, July 1, 2007.</ref> Given the racial history of the Deep South, many news reports from Jena evoked the ], referred to historic ], or ].<ref name="pbs"/> | |||
Following an order by the 3rd Circuit Court of Appeal,<ref>{{cite news | title= Thousands 'march for justice' in Jena, court orders hearing on teen | publisher= CNN.com | url= http://www.cnn.com/2007/US/law/09/20/jena.six/index.html | accessdate = 2007-09-21}}</ref> a hearing was held on ], ], to determine whether to set bond for Bell.<ref>{{cite news | title= Bond hearing for Jena Six defendant | publisher= The Associated Press | url= http://www.ktbs.com/news/Bond-hearing-for-Jena-Six-defendant-5146/ | accessdate = 2007-09-21}}</ref> The judge in the hearing denied the request for Bell to be freed while his appeal is being reviewed.<ref>{{cite news | title= Bail denied for Jena suspect | publisher= The Associated Press | url= http://www.msnbc.msn.com/id/20909145/ | accessdate = 2007-09-21}}</ref> A motion by Bell's attorneys to have Judge J.P. Mauffrey recused was also denied.<ref>{{cite news | title= Rally increases racial tension in Jena | publisher= The Shreveport Times| url= http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20070923/NEWS01/709230323/1002/NEWS | accessdate = 2007-09-24}}</ref> | |||
Some sources pointed to inaccurate reporting by the media. The ] published an article noting the various reporting errors that have been made, including whether the tree was a "white tree", the number of nooses, and the discipline given to the noose-hanging students.<ref name="whitetree"/> Based on this, MTV posted a retraction for incorrect information that it had reported on the case from other news sources.<ref name="MTVerror">{{cite web|url=http://www.mtv.com/news/articles/1570444/20070924/id_0.jhtml|archive-url=https://web.archive.org/web/20090105011247/http://www.mtv.com/news/articles/1570444/20070924/id_0.jhtml|url-status=dead|archive-date=January 5, 2009|title=Jena Report Attempts To Sift Fact From Fiction; FBI Probes White-Supremacist Response|access-date=September 27, 2007|date=September 24, 2007|last=Kaufman|first=Gil|publisher=MTV}}</ref> | |||
On ], ], Louisiana governor ] announced that the prosecution would not appeal the appellate ruling, but would try Bell as a juvenile. An announcement by District Attorney Walters was to follow on the 27th. <ref name="noappeal">{{cite news | title= Blanco: No challenge of 'Jena 6' ruling | publisher= Associated Press | date=] | url=http://news.yahoo.com/s/ap/20070927/ap_on_re_us/jena_six_7| author = Doug Simpson | accessdate = 2007-09-27 }}</ref> The district attorney in fact did so announce on the 27th,<ref name="dropit"/> and Bell was then released on $45,000 bond.<ref name="releaseabc">{{cite news | title= Jena 6 Teen Released on $45,000 Bail | publisher= Associated Press | date=] | url=http://www.abcnews.go.com/US/wireStory?id=3662083| author = Doug Simpson | accessdate = 2007-09-27 }}</ref> | |||
=== Columnists and editorials === | |||
Bell was bonded out once $5,400 was paid to Cut-Rate Bail Bonding by Dr. Stephen Ayers of Lake Charles, Louisiana.<ref>{{cite news|title=Jena Six teen released on bail|publisher=]|date=]|url=http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20070928/NEWS01/709280345/1060/NEWS01| author=Abbey Brown|accessdate=2007-09-28}}</ref>. Bell is subject to electronic monitoring and is under the supervision of a probation officer. | |||
Many major editorial pages and columnists have been sympathetic to the supporters of the Jena Six. They have used the case to discuss broader trends of racism in the US criminal justice system and to call for a renewed civil rights movement. Most editorials were published around the time of the Jena rally. '']'', in a September 23, 2007, editorial, stated "it's impossible to examine the case of the so-called Jena Six without concluding that these black teens have been the victims of a miscarriage of justice, with a clearly racial double standard at work".<ref name="nyposted">{{cite news | url = https://nypost.com/2007/09/23/the-jena-six/ | title = The Jena Six | access-date = October 23, 2007 | date = September 23, 2007 | newspaper = New York Post }}</ref> Byron Williams, writing on the '']'', was one of several to cite the ]'s 2005 finding that the average black male convicted of aggravated assault serves 48 months in prison, one-third longer than a comparable white man.<ref name="ByronWilliams">{{cite web | url = http://www.huffingtonpost.com/byron-williams/oldfashioned-southern-ju_b_65178.html | title = Old Fashioned Southern Justice in the Modern South | work = The Huffington Post | date = September 20, 2007 | access-date = August 23, 2008 | last = Williams | first = Byron }}</ref> The 2005 report also found that a black male who is arrested is three times more likely to go to jail than a white male arrested for the same crime.<ref name="pbs">{{cite web | url = https://www.pbs.org/newshour/extra/features/july-dec07/jena_9-24.html | title = Jena Six Rally Highlights Racial Tensions | date = September 24, 2007 | access-date = August 23, 2008 | last = Miller | first = Talea | publisher = PBS | archive-date = April 6, 2013 | archive-url = https://web.archive.org/web/20130406094529/https://www.pbs.org/newshour/extra/features/july-dec07/jena_9-24.html | url-status = dead }}</ref><ref>{{cite web | url = https://www.abc.net.au/news/2007-09-21/jena-6-case-sparks-anti-racism-protest/677176 | title = Jena 6 case sparks anti-racism protest | access-date = September 27, 2007 | date = September 21, 2007 | last = Landers | first = Kim | publisher = ABC News }}</ref><ref name="younge">{{cite news | url = https://www.theguardian.com/Columnists/Column/0,,2170644,00.html | title = Apart from the noose, this is an everyday story of modern America | date = September 17, 2007 | access-date = August 23, 2008 | last = Younge | first = Gary | newspaper = The Guardian | location = London }}</ref> Writing in '']'', Professor ] of ] used the case to highlight the use of the prison system as a means of "controlling young black men", which is one factor in a broader "crisis in relations between men and women of all classes and, as a result, the catastrophic state of black family life".<ref name="harvard">{{cite news | url=https://www.nytimes.com/2007/09/30/opinion/30patterson.html | title = Jena, O.J., and the jailing of Black America | date = September 30, 2007 | access-date = August 23, 2008 | last = Patterson | first = Orlando | author-link = Orlando Patterson | newspaper = The New York Times }}</ref> | |||
Other columnists have argued that inaccuracies in the media coverage unfairly tarnish the town and have led to a national overreaction, part of the tendency in the 24-hour news cycle. '']'' columnist Heather MacDonald, while condemning the noose hangings as a "despicable provocation", said that "the media, the (race) advocates and pandering politicians have erupted in an outpouring of seeming joy at the alleged proof that America remains a racist country".<ref name="macdonald">{{cite news|last=Mac Donald |first=Heather |author-link=Heather Mac Donald |date=September 30, 2007 |title=Don't make Jena out to be more than it is |newspaper=The Dallas Morning News |url=http://www.dallasnews.com/sharedcontent/dws/dn/opinion/points/stories/DN-macdonald_30edi.ART.State.Edition1.4257c86.html |access-date=February 8, 2008 |url-status=dead |archive-url=https://web.archive.org/web/20080315020726/http://www.dallasnews.com/sharedcontent/dws/dn/opinion/points/stories/DN-macdonald_30edi.ART.State.Edition1.4257c86.html |archive-date=March 15, 2008 }}</ref> In a column in the '']'', ] drew attention to what he called factual inaccuracies in reporting of the story. He focused on the piece circulated by Bean to news outlets, "Bean's story is framed—by his own admission—as an indictment of the criminal justice system and the people in power in Jena and, therefore, the story is unfairly biased".<ref name="whitlock" /> Craig Franklin, assistant editor of ''The Jena Times'', who says that he is the only writer to have covered this story from its inception, wrote in ''],'' "I have never before witnessed such a disgrace in professional journalism. Myths replaced facts ... the truth about Jena will eventually be known".<ref name="MediaMyths" /> | |||
====The other five==== | |||
On ], ], charges against Carwin Jones and Theo Shaw were reduced to aggravated second-degree battery and conspiracy,<ref>{{cite news | title= Charges Reduced in 'Jena 6' Attack | publisher= Associated Press | date=] | url= http://ap.google.com/article/ALeqM5hEDGACsk9ZRgdFmzTA-FtR5-3LdQ | accessdate = 2007-09-04 }}</ref> as were those of Robert Bailey, Jr., on ].<ref>{{cite news | title= Another Charge Reduced in 'Jena 6' Case | publisher= Forbes.com | date=] | url= http://www.forbes.com/feeds/ap/2007/09/11/ap4105303.html | accessdate = 2007-09-11 }}</ref> | |||
== Public response == | |||
Despite the overturning of Mychal Bell's conviction, the charges against the other four teenagers remained unaffected because they were over seventeen at the time of the incident, thus making them adults under Louisiana law.<ref name="overturn"/> | |||
The case provoked reactions that the charges against the Jena Six were disproportionate and racially motivated. Supporters of the Jena Six circulated online petitions, raised money for legal defense, and held a demonstration in Jena on September 20, 2007. This event attracted thousands marching in protest.<ref>{{cite news | title = Thousands March to Decry Treatment of Jena Six | date = September 20, 2007 |agency=Associated Press }}</ref> | |||
British rock musician ] donated money.<ref>{{Cite web|url=https://www.nme.com/news/music/david-bowie-363-1343011|title=David Bowie donates $10000 to defend US accused|website=NME|date=September 19, 2007|access-date=September 7, 2024}}</ref><ref>{{Cite web|url=http://news.bbc.co.uk/2/hi/entertainment/7004151.stm|title=Bowie supports US race row teens|website=BBC|date=September 20, 2007|access-date=September 7, 2024}}</ref> | |||
==Other developments== | |||
Robert Bailey, Jr., posted, but later removed, photographs on Myspace showing him and another Jena 6 defendant with large numbers of hundred dollar bills. The source of the money is not known, and Reverend Alan Bean and family members have denied that donations have been misapplied.<ref name="whitlock"/><ref>{{cite news | title= Jena Six Alleged Myspace Photos | publisher= katc.com|url= http://www.katc.com/Global/story.asp?S=7134753 | date=] | accessdate = 2007-10-01 }}</ref><ref name="towntalkBarkers">{{cite news | url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/20070922/NEWS01/709220329 |title= Barkers say they were duped in white supremacist's interview | publisher= The Town Talk | date=] | accessdate = 2007-10-01 }}</ref> Bailey's mother stated that the money came from Bailey's personal earnings subsequent to his incarceration and money sent him by relatives.<ref name="towntalkBarkers">...</ref><ref>{{cite news | url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/20070922/NEWS01/709220329 |title= 'Jena Six' update: Despite threats, no violence reported | publisher= The News Star | date=] | accessdate = 2007-10-01 }}</ref> | |||
=== Rallies === | |||
In a separate development, Barker was, on ], ], charged with bringing a firearm into an arms-free zone (the school grounds). A hunting rifle was found in his truck. The following day, school superintendent Breithaupt recommended that Barker be also expelled for the infraction.<ref name="mississippi">{{cite news | title= Thousands rally for 'Jena Six' | publisher= The Clarion-Ledger | date=] | url= http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20070920/NEWS/70920032 | accessdate = 2007-09-29 }}</ref> | |||
]]] | |||
Rallies in support of the Jena Six were held in Jena on September 20, 2007, the date upon which Bell was scheduled for sentencing.<ref>{{cite web | url = https://www.nbcnews.com/id/wbna16885997 | title = 'Jena 6' protestors rally at Louisiana town | access-date = May 26, 2013 | date = September 20, 2007 | publisher = NBCnews.com }}</ref> An estimated 15,000 to 20,000 demonstrators attended the rally that day, severely overtaxing the facilities of the small town. Protesters took buses from such distant cities as Los Angeles and Washington, DC.<ref name="CNN1" /> Because of the congestion on the roads leading to Jena, many protesters left their vehicles and continued into town on foot.<ref name="CNN1" /> Attendees included civil rights activists ], ], and ],<ref>{{cite web | url = https://www.npr.org/templates/story/story.php?storyId=14556993 | title=Protesters March in Support of Jena Six | access-date = September 25, 2007 | date = September 20, 2007 | publisher = NPR }}</ref> and ]s ]<ref>{{cite web | url = http://www.contactmusic.com/news.nsf/article/mos%20def%20leads%20jena%20six%20protest_1044295 | title = Mos Def Leads 'Jena Six' Protest | access-date = September 25, 2007 | date = September 20, 2007 | publisher = Contact Music | archive-date = January 13, 2009 | archive-url = https://web.archive.org/web/20090113004330/http://www.contactmusic.com/news.nsf/article/mos%20def%20leads%20jena%20six%20protest_1044295 | url-status = dead }}</ref> and ]. Rapper-actor ] attended and financially supported the rally.<ref>{{cite news | url = http://www.iht.com/articles/ap/2007/10/04/arts/NA-A-E-MUS-US-Racial-School-Fight-Hip-Hop.php | title = Jena Six case brings out activism among hip-hop stars | access-date = August 22, 2008 | date = October 4, 2007 |agency=Associated Press }}</ref> ], an African American who was ] of the rape and murder of a young white newspaper reporter in 1984, was scheduled as a keynote speaker.<ref>{{cite web | url = http://www.myfoxwghp.com/myfox/pages/News/Detail?contentId=4395432&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1 | archive-url = https://web.archive.org/web/20071011090613/http://www.myfoxwghp.com/myfox/pages/News/Detail?contentId=4395432&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1 | url-status = dead | archive-date = October 11, 2007 | title = Darryl Hunt Asked to Speak at 'Jena Six' Rally | access-date = September 19, 2007 | date = September 18, 2007 | last = Tucker | first = Chad | publisher = FOX8 News }}</ref> The demonstrators were addressed by Darryl Matthews, General President of ] fraternity, who said, "It is sobering to know that in 2007 ] dream of equal treatment, respect, fairness and opportunity is still not realized".<ref name="jena6">{{cite press release | first = Darryl R. | last = Matthews, Sr. | title = We Demand Justice for the Jena 6! | publisher = Monica Woods Public Relations | date = September 20, 2007 |quote=The members of Alpha Phi Alpha Fraternity, Incorporated have historically engaged in the struggle to uplift the downtrodden in their efforts to achieve the promise of social and economic parity described and prescribed in the pledge of allegiance to this great republic that declares liberty and justice for all.}}</ref> | |||
== Public response== | |||
The case has brought considerable public comment and even demonstrations from those who argue that the charges against the Jena Six were disproportionate to the crime and racially motivated.<ref>{{cite web|url=http://www.nbc13.com/gulfcoastwest/vtm/news.apx.-content-articles-VTM-2007-09-20-0007.html|title=Thousands March To Decry Treatment Of Jena Six|accessdate=2007-09-22|publisher=The Associated Press}}</ref> | |||
===Petition=== | |||
In the wake of these events, an online petition circulated claiming over 428,560 signatures as of ] ].<ref>{{cite web|url=http://www.petitiononline.com/mod_perl/signed.cgi?aZ51CqmR|title=Jena 6 Online Petition|accessdate=2007-08-28|author=Thomas McNamara}}</ref> The petition calls for a review of the events in Jena by the Civil Rights Division of the U.S. Justice Department. | |||
=== |
=== Artistic tributes === | ||
Several songs have been produced in response to the Jena Six case. ] released a song and video called "Jena", with lyrics such as "Jena, take your nooses down" which gained considerable media attention, and which Mellencamp described as a "condemnation of racism".<ref name="mellencamp">{{cite news | url = http://www.foxnews.com/story/0,2933,299824,00.html | title = Louisiana mayor balks at Mellencamp 'Jena 6' protest song and video | access-date = September 2, 2008 | date = October 6, 2007 | publisher = Associated Press via Foxnews | archive-url = https://web.archive.org/web/20090125153714/http://www.foxnews.com/story/0,2933,299824,00.html | archive-date = January 25, 2009 | url-status = dead }}</ref> The video juxtaposes images of Jena, the high school, and the tree with video from the 1960s, including civil rights marchers and police beatings, video of ] and ] speaking, and an image of a black man in shackles.<ref name="mellencamp" /> The song and video led to Jena's mayor, Murphy R. McMillan, issuing a statement rebutting the accusations he believed were expressed and implied in the video.<ref>{{cite news | url = http://www.cnn.com/2007/SHOWBIZ/Music/10/06/jena.six.mellencamp.ap/index.html | title = Mellencamp song about 'Jena Six' upsets mayor | access-date = October 12, 2007 | date = October 6, 2007 | publisher = Associated Press via CNN | archive-url = https://web.archive.org/web/20071215134030/http://www.cnn.com/2007/SHOWBIZ/Music/10/06/jena.six.mellencamp.ap/index.html | archive-date = December 15, 2007|url-status=dead }}</ref> An episode of the ''] Show'' on ] was filmed at the Jena rally.<ref>{{cite news | last = Lang | first = Derrik J. | title = VH1's 'Salt-N-Pepa Show' tackles Jena 6 | url = https://www.usatoday.com/life/people/2007-11-26-salt-n-pepa_N.htm | publisher = Associated Press via USA Today | date = November 27, 2007 | access-date = August 16, 2008|archive-url=https://web.archive.org/web/20090320004532/https://www.usatoday.com/life/people/2007-11-26-salt-n-pepa_N.htm|archive-date=March 20, 2009 }}</ref> ] released a song called "Jena 6".<ref>{{cite news | title = Hip-Hop Fridays: Bomani Armah Releases 'Jena 6' Song To Continue Movement | url = http://www.blackelectorate.com/articles.asp?ID=1997 | work = BlackElectorate.com | date = September 28, 2007 | access-date = February 2, 2008 }}</ref> | |||
The National Association for the Advancement of Colored People (]) established a fund to help pay attorney fees. The NAACP noted on its website, in a section labeled "The Facts" that "On Monday, December 4 2006, a white student who allegedly had been racially taunting black students in support of the students who hung the nooses got into a fight with black students."<ref>{{cite web|url=http://www.naacp.org/get-involved/activism/alerts/110aa-2007-7-20/index.htm|title=NAACP LEADS RALLY ON JENA - SEPTEMBER 20, 2007 | accessdate=2007-09-19 | publisher=NAACP}}</ref> On ], musician ] donated $10,000 to it and made a statement, "There is clearly a separate and unequal judicial process going on in the town of Jena. A donation to the Jena Six Legal Defense Fund is my small gesture indicating my belief that a wrongful charge and sentence should be prevented."<ref>{{cite web|url=http://music.yahoo.com/read/news/12175676|title=Rocker donates to Jena 6 defense fund | accessdate=2007-09-19 | date=2007-09-19| author=AP| publisher=AP}}</ref> | |||
'']'' is a play written by Dominique Morisseau about the Jena 6. ''Blood at the Root'' premiered on March 28, 2014 at Penn State Center Stage. The story is told through the lens of one of the Jena 6's sister, who also attended the high school. The audience is able to experience the series of events that led up to the convictions from multiple students' unique perspective. It has toured internationally and has been described as "catalyzing conversations on difficult and essential questions of race and justice".<ref>{{cite news|last1=Brantley|first1=Ben|title='Blood at the Root' Draws Inspiration From the Jena Six Case in Louisiana|url=https://www.nytimes.com/2016/04/17/theater/blood-at-the-root-draws-inspiration-from-the-jena-six-case-in-louisiana.html?mcubz=3&_r=0|access-date=September 1, 2017|work=The New York Times |date=April 13, 2016}}</ref> | |||
===Rallies=== | |||
] and the Rev. Al Sharpton at the front of the Sept. 20th, 2007 march on Jena, Louisiana.]] | |||
=== Other reactions === | |||
Rallies in support of the Jena Six and all African Americans in the United States who have been unfairly treated by the justice system were held in Jena on ] ],<ref name=jennarally>{{cite news |author=Staff Writer |date=] |url=http://www.showmenews.com/2007/Sep/20070920News015.asp |title=Rally for ‘Jena Six’ touted as new civil rights struggle |work=Columbia Daily Tribune |publisher=columbiatribune.com |accessdate=2007-09-22}}</ref> the date when Bell was scheduled for sentencing.<ref>{{cite web|url=http://www.theage.com.au/news/world/louisiana-town-braces-as-black-youth-wins-appeal/2007/09/16/1189881339783.html|title=Louisiana town braces as black youth wins appeal | accessdate=2007-09-18 | date=2007-09-17 | author=Ian Munro}}</ref> Because of the rallies' large expected size (estimates up to 40 to 60 thousand)<ref name="rally">{{cite web|url=http://www.usatoday.com/news/nation/2007-09-16-jena_N.htm | title='Jena Six' backers plan rally; verdict vacated | accessdate=2007-09-17| author=Marisol Bello | publisher=USA TODAY}}</ref> Jena High and schools on the south side of La Salle Parish were closed.<ref>{{cite web|url=http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20070914/BREAKINGNEWS/70914006|title=Jena-area schools to be closed during sentencing of Bell | accessdate=2007-09-14}}</ref> | |||
] gathers petition signatures at a ] rally in October 2007]] | |||
Among those in attendance were civil rights activists ], ], and ],<ref>{{cite web|url=http://www.npr.org/templates/story/story.php?storyId=14556993 | title=Protesters March in Support of Jena Six | |||
| accessdate=2007-09-25| date=2007-09-20 | publisher=NPR.org}}</ref> ]s ]<ref>{{cite web|url=http://www.contactmusic.com/news.nsf/article/mos%20def%20leads%20jena%20six%20protest_1044295 | title=Mos Def Leads 'Jena Six' Protest | accessdate=2007-09-25 | date=2007-09-20}}</ref> and ], and New Orleans Mayor ].<ref>{{cite web|url=http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20070921/NEWS01/70921002 | title=Jena streets were bustling with marchers | date=2007-09-21 | accessdate=2007-09-24}}</ref> Rapper-actor ], who also attended,<ref name="attendees">{{cite web|url=http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20070921/NEWS/709210375/1001|title=Supporters of Jena Six march in pair of Louisiana towns | accessdate=2007-09-24 | date=2007-09-21| publisher=The (Alexandria, La.) Town Talk}}</ref> funded buses to bring protesters from California.<ref>{{cite web|url=http://www.bnd.com/news/local/story/133856.html|title=Metro-east residents take part in rally for the Jena Six | accessdate=2007-09-24 | date=2007-09-21| author=Carolyn Smith| publisher=bnd.com}}</ref> ], an African-American who was ] of the ] and ] of a young white newspaper reporter in ], was scheduled to be a keynote speaker.<ref>{{cite web|url=http://www.myfoxwghp.com/myfox/pages/News/Detail?contentId=4395432&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1|title=Darryl Hunt Asked to Speak at 'Jena Six' Rally | accessdate=2007-09-19 | date=2007-09-18| author=Chad Tucker| publisher=FOX8 News}}</ref> | |||
Many online petitions circulated calling for various actions in response to the Jena Six case. Online advocacy group ], which had previously advocated for victims of ], called for District Attorney Walters to drop all charges and for Governor ] to investigate his conduct.<ref>{{cite web|url=http://www.colorofchange.org/jena/main.html |title=Justice for the Jena 6 |access-date=October 18, 2007 |author=Color of Change |url-status=dead |archive-url=https://web.archive.org/web/20071011001120/http://www.colorofchange.org/jena/main.html |archive-date=October 11, 2007 }}</ref> Color of Change raised more than $212,000 for the Jena Six legal defense, largely through online donations.<ref>{{cite news | first = Joe | last = Garofoli | title = Louisiana's Jena Six beating case galvanizes S.F.'s 'black MoveOn' | url = http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/09/22/MNEISAVOE.DTL | newspaper = San Francisco Chronicle | date = September 22, 2007 | access-date = February 2, 2008 }}</ref><ref>{{cite web|url=https://secure.colorofchange.org/jena_fund/info.html |title=How funds are managed |author=Color of Change |access-date=February 8, 2008 |publisher=Color of Change }}{{dead link|date=April 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> While the NAACP provided a link to the fund through its website, initially, the donation link on the NAACP Jena Six support page steered potential donors to the generic NAACP donation page, with no way to designate funds for the Jena Six. Black bloggers objected, and several days later, the link was altered to reach the defense fund.<ref name="blogs help drive">{{cite news | first = Howard | last = Witt | title = Blogs help drive Jena protest | url = https://www.chicagotribune.com/2007/09/18/blogs-help-drive-jena-protest/ | newspaper = Chicago Tribune | location = Jena, Louisiana | date = September 18, 2007 | access-date = February 2, 2008 }}</ref> | |||
The more than 10,000 demonstrators assembled were addressed by Darryl Matthews, General President of ] fraternity. In his speech, entitled ''We Demand Justice for the Jena 6!'', Matthews stated "It is sobering to know that in 2007 ] dream of equal treatment, respect, fairness and opportunity is still not realized."<ref name=jena6>{{cite press release |first=Monica |last=Woods |url=http://www.alphaphialpha.net/PressNewsDetails.php?newsID=57&newsCat=Press%20Release |title=We Demand Justice for the Jena 6! |publisher=Monica Woods Public Relations |date=September 20, 2007 |accessdate=2007-09-22 |quote=The members of Alpha Phi Alpha Fraternity, Incorporated have historically engaged in the struggle to uplift the downtrodden in their efforts to achieve the promise of social and economic parity described and prescribed in the pledge of allegiance to this great republic that declares liberty and justice for all.}}</ref> | |||
The ] represented Beard, hired local defense counsel to represent Bailey, and helped coordinate the overall defense strategy.<ref>{{cite news | first = Scott | last = Michels | title = Civil Rights Leaders Urge Action in Racially Charged La. Beating Case | url = https://abcnews.go.com/thelaw/story?id=3582189&page=1 | work = ABC News | publisher = ABC | location = Jena, Louisiana | date = September 11, 2007 | access-date = June 29, 2009 }}</ref> | |||
====Religious speech controversy==== | |||
Reed Walters later caused controversy when, speaking officially as District Attorney at the news conference announcing that he was dropping his appeal to the Louisiana Supreme Court, he said about the rallies, "I firmly believe and am confident of the fact that had it not been for the direct intervention of the Lord Jesus Christ last Thursday, a disaster would have happened. You can quote me on that."<ref name="thankGod">{{cite web|url=http://rawstory.com/news/2007/Jena_6_Prosecutor_suggests_Christ_favors_0928.html|title= Jena 6 prosecutor thanks 'Lord Jesus Christ' for preventing protest disaster |accessdate=2007-09-28|author= David Edwards and Jason Rhyne}}</ref><ref name="thankGodAP"> By DOUG SIMPSON The Associated Press. </ref> | |||
In the months following the Jena Six rally, controversy arose about accounting and dispersal of the legal defense funds. Questions about the money were first sparked by photos posted on Robert Bailey's former ] account, which show him with quantities of hundred dollar bills stuffed in his mouth.<ref>{{cite news|url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990074 |archive-url=https://archive.today/20130204053218/http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990074 |url-status=dead |archive-date=February 4, 2013 |title='Jena Six' notebook |access-date=November 10, 2007 |date=September 28, 2007 |newspaper=The Town Talk }}</ref> The controversy expanded when radio host ] accused Color of Change of being "shady" with their use of the funds. Color of Change responded to the accusations by posting links to canceled checks on their website.<ref>{{cite web|url=http://www.colorofchange.org/jena/baisden/ |title=False allegations on the Michael Baisden Show |access-date=February 8, 2008 |publisher=Color of Change |url-status=dead |archive-url=https://web.archive.org/web/20080302202444/http://www.colorofchange.org/jena/baisden/ |archive-date=March 2, 2008 }}</ref> In his November 10 report, '']'' correspondent Howard Witt noted that Color of Change was the only national civil rights group to be fully transparent with their use of the funds.<ref name="funds controversy">{{cite news | first = Howard | last = Witt | url = http://www.chicagotribune.com/news/nationworld/chi-jena_bdnov11,1,5899685.story | title = Controversy over the Jena 6 funds | date = November 11, 2007 | access-date = February 2, 2008 | newspaper = Chicago Tribune|archive-url=https://web.archive.org/web/20080101012904/https://www.chicagotribune.com/news/nationworld/chi-jena_bdnov11,1,5899685.story|archive-date=January 1, 2008 }}</ref> But Witt raised broader questions about the funds, which totaled more than half a million dollars. He reported that attorneys for Bell claimed that they have yet to receive any money from him, and that the six families had refused to publicly account for the donations.<ref name="funds controversy" /> | |||
A minister from a Jena church, the Reverend Donald Sibley, was present at the news conference and argued against Walter’s contention that Jesus alone was responsible for keeping the march peaceful, saying "I think it's a shame for you to say only Jesus Christ caused what happened there last Thursday. I think it was behavior of 30,000 people." Sibley told CNN, "I can't diminish Christ at all, but for to use it in the sense that because his Christ, his Jesus, because he prayed, because of his police, that everything was peaceful and was decent and in order—that's just not the truth."<ref name="thankGod">...</ref> Walters responded "What I'm saying is, the Lord Jesus Christ put his influence on those people, and they responded accordingly."<ref name="thankGodAP">...</ref> | |||
On September 22, 2007, the ] opened an investigation of a ] website that listed the addresses of five of the Jena Six and the telephone numbers of some of their families "in case anyone wants to deliver justice". An FBI spokeswoman said the agency believed that the website "essentially called for their ]".<ref name="FBIprobe" /> Civil rights advocate ] has said that some of the families have continually received threatening and harassing phone calls.<ref name="FBIprobe">{{cite news | url = https://www.washingtonpost.com/wp-dyn/content/article/2007/09/22/AR2007092201404.html?nav=rss_technology | title = FBI probes anti-Jena 6 Web page | access-date = September 25, 2007 | date = September 22, 2007 | last = Bohrer | first = Becky | agency = Associated Press | newspaper = The Washington Post | url-status = dead | archive-url = https://web.archive.org/web/20121106135112/http://www.washingtonpost.com/wp-dyn/content/article/2007/09/22/AR2007092201404.html?nav=rss_technology | archive-date = November 6, 2012 }}</ref> | |||
===Self-described white supremacists=== | |||
== Later developments == | |||
] at the Sept. 20th, 2007 Jena 6 Rally in Jena, Louisiana.]] | |||
On September 25, 2007, Representative ] (D), Chairman of the ], announced that he would hold congressional hearings on what he described as "the miscarriages of justice that have occurred in Jena, Louisiana", with the goal of pressuring the ] into taking action.<ref>{{cite news | url = https://www.washingtonpost.com/wp-dyn/content/article/2007/09/25/AR2007092501666.html | title = Lawmakers Seek Jena 6 Teen's Release | date = September 25, 2007 | access-date = August 23, 2008 | publisher = Associated Press via The Washington Post | last = Barrett | first = Devlin }}</ref> The hearing took place on October 16, 2007; Washington and Sharpton, among others, testified. Walters was invited to testify but declined. Most Republican members of the committee declined to attend. Representative ] (D-Texas) said to Washington and other Justice Department officials, "Shame on you. ... As a parent, I'm on the verge of tears,"<ref>{{cite news | url = https://www.usatoday.com/news/washington/2007-10-16-650507891_x.htm | title = Lawmakers seek US action in Jena 6 case |agency=Associated Press | newspaper = USA Today | access-date = August 23, 2008 | date = October 16, 2007 | last = Barrett | first = Devlin |url-status=dead |archive-url=https://web.archive.org/web/20090125104129/https://www.usatoday.com/news/washington/2007-10-16-650507891_x.htm |archive-date= Jan 25, 2009 }}</ref> and said, "I want to know what you're going to do to get Mychal Bell out of jail!"<!--emphasis was in original--><ref name="darryl">{{cite news | first = Darryl | last = Fears | title = U.S. Attorney Calls Noose Display 'Hate Crime,' Explains Lack of Charges | url = https://www.washingtonpost.com/wp-dyn/content/article/2007/10/16/AR2007101600200.html | newspaper = The Washington Post | date = October 17, 2007 | access-date = February 2, 2008 }}</ref> US Attorney Washington responded that the federal government had a limited role to play in the matter.<ref name="darryl" /> | |||
Representative Lee and other members of the ] called upon outgoing Louisiana Governor Blanco to ] the Jena Six on December 19, 2007, stating that "we believe Mychal Bell and the Jena 6 have paid a sufficient debt to society for any transgressions they may have committed".<ref name="pardonme" /> Blanco's office responded that she cannot grant pardons without a recommendation from the state Pardon Board, and no meeting of that body was scheduled during her remaining term of office. Walters commented that Representative Lee's "passion for racial equality is admirable, but her grasp of the facts is not".<ref name="pardonme" /> He indicated that the attack on Barker was not just a schoolyard fight "but rather an unprovoked, unforeseen assault on a young man who had nothing to do with the hanging of the nooses".<ref name="pardonme">{{cite news | url=https://www.chicagotribune.com/2007/12/22/black-caucus-seeks-pardon-of-jena-6/| title = | |||
], who attended the ] rallies to protest the demonstrators<ref>{{cite web|url=http://abclocal.go.com/kgo/story?section=nation_world&id=5666587|title=Thousands Descend Upon Jena To Protest | accessdate=2007-09-25 | date=2007-09-20| author=Willie Monroe| publisher=ABC7 News}}</ref> and is the leader of the white supremacist group the ], recently published interviews he conducted with Justin Barker and ], the mayor of Jena. Both deny having knowledge of Barrett's association with white supremacy.<ref name="barrett"/><ref name="barrettNPR"/> In one of the interviews, McMillin praised efforts by groups organizing counter-demonstrations and insisted that Jena is being unfairly portrayed as racist.<ref name="barrett"/> Barrett, who conducted the interview by memory,<ref name="barrettNPR"/> quoted McMillin as saying, "I am not endorsing any demonstrations, but I do appreciate what you are trying to do. Your moral support means a lot."<ref name="barrett">{{cite web|url=http://www.chicagotribune.com/news/nationworld/chi-jena25_websep25,0,7139244,full.story?coll=chi_tab01_layout|title=White supremacist backlash builds over Jena case | accessdate=2007-09-25 | date=2007-09-24| author=Howard Witt| publisher=Chicago Tribune}}</ref> However, McMillin has denied making the latter part of the comment.<ref name="barrettNPR">{{cite web|url=http://www.npr.org/templates/story/story.php?storyId=14692224|title=Jena 6 Targeted by Hate Groups| accessdate=2007-09-26 | date=2007-09-25| publisher=NPR}}</ref> | |||
Black Caucus seeks pardon of Jena 6 |newspaper=Chicago Tribune | date = December 24, 2007 }}</ref> Governor Blanco's term of office ended without any pardons being granted. | |||
On July 31, 2007, the school had the controversial tree cut down.<ref name="wapo" /> School Board member Fowler said, "There's nothing positive about that old tree. It's all negative. And I'm serving on the new School Board, and we're wanting to start fresh on some things".<ref name="cutdown">{{cite news|url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990005 |archive-url=http://arquivo.pt/wayback/20090717105743/http://www.thetowntalk.com/apps/pbcs.dll/article?AID=%2F99999999%2FNEWS%2F399990005 |url-status=dead |archive-date=July 17, 2009 |title=Jena High 'noose' tree cut down |date=July 31, 2008 |newspaper=The Town Talk |access-date=August 22, 2008 }}</ref> According to Fowler, the tree would have had to have been cut down to make way for the rebuilding of the school after the fire. Others thought that taking down the tree was not an effective way to address any problems of racism in Jena. "Cutting down that beautiful tree won't solve the problem at hand," said Caseptla Bailey, Robert Bailey's mother. "It still happened".<ref name="cutdown" /> The remains of the building have been cleared, and a bid accepted for the reconstruction. | |||
Former Ku Klux Klan leader ] has publicly given support for Jena's "white residents". Duke carried a clear majority of the vote in Jena for his unsuccessful bid for Governor during the ].<ref name="barrett"/> | |||
Jones and Purvis attended the ] in ] on October 13, 2007, and were invited to present the award for ].<ref>{{cite press release | url = http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=109&STORY=/www/story/10-15-2007/0004682354 | title = Kanye West, Nelly, Common, Dr. Cornel West, MC Lyte, David Banner, Dr. Michael Eric Dyson, Lil' Wayne, Soulja Boy and Hurricane Chris, Among Others, Brought Style, Substance and Swagger to the BET HIP HOP AWARDS 2007 | access-date = October 18, 2007 | publisher = PR Newswire/BET Networks }}</ref> When the two defendants came out on stage, they were greeted by a standing ovation. Emcee ] joked, "They don't look so tough, do they?"<ref name="bet" /> The two members delivered speeches thanking family, friends, the "Hip-Hop Nation",<ref name="bet" /> and those who came to Jena.<ref name="bet">{{cite news |author=Chicago Tribune | title = Jena 6 face donation questions | url = http://www.denverpost.com/ci_7429395? | publisher = Chicago Tribune via The Denver Post | location = Houston, Texas | date = November 11, 2007 | access-date = February 8, 2008 }}</ref> | |||
====Threats and harassment==== | |||
Justin Barker and his parents filed a civil suit on November 29, 2007,<ref>{{cite news | url = http://www.cbsnews.com/stories/2007/12/04/national/main3575112.shtml?source=RSSattr=U.S._3575112 | archive-url = https://web.archive.org/web/20071206123343/http://www.cbsnews.com/stories/2007/12/04/national/main3575112.shtml?source=RSSattr=U.S._3575112 | url-status = dead | archive-date = December 6, 2007 | title = Victim in Jena Six case files suit | publisher = Associated Press via CBS News | date = December 4, 2007 | access-date = April 7, 2007 }}</ref> against the parents of those accused of beating him, the adult members of the Jena Six (as of the time of the attack), an additional student named Malcolm Shaw, and the LaSalle Parish School Board.<ref name="USA Today">{{cite news | url = https://www.usatoday.com/news/nation/2007-12-04-jena-six_N.htm?csp=34 | title = Beating victim's family sues in 'Jena Six' case | date = December 4, 2007 | access-date = August 23, 2008 | work = USA Today }}</ref> Barker's medical bills from his emergency room visit totaled more than $5,000.<ref name="USA Today" /> The lawsuit alleges that the LaSalle Parish School Board inadequately supervised students and failed to maintain discipline.<ref name="USA Today" /> The Barkers also allege that the school board did not implement a plan to "discourage the dangerous activity of threatening and attacking other students while in possession of actual knowledge of said threats and prior attacks while the students are on school grounds".<ref name="USA Today" /> | |||
On ], ], the FBI opened an investigation of a white supremacist website that listed the addresses of five of the Jena Six and the telephone numbers of some of their families "in case anyone wants to deliver justice." According to an FBI spokeswoman, the website "essentially called for their lynching." The site is registered to ] of ], who claims to be the commander of the ].<ref name="FBIprobe" /> | |||
The case was on hold pending resolution of the criminal cases. When the Barkers' attorney learned that Jesse Ray Beard was using defense funds (which might be garnished under a civil suit) to pay for private school, he decided to push ahead with the case. Following a motion by Bell's civil attorney to recuse Mauffray in the civil case, proceedings were put on hold again pending appointment of a judge to hear that recusal motion.<ref name="on hold">{{cite news |author=Abbey Brown | title = Jena Six cases linger more than a year later |date = September 20, 2008 }}</ref> Mauffray subsequently retired. On March 16, 2009, Judge Ronald Lewellyan was assigned to hear the civil case.<ref>{{cite news|url=http://www.thetowntalk.com/article/20090320/NEWS01/903200322 |archive-url=https://archive.today/20130205045537/http://www.thetowntalk.com/article/20090320/NEWS01/903200322 |url-status=dead |archive-date=February 5, 2013 |title=Plea agreements possible in remaining 'Jena Six' cases |newspaper=The Town Talk |date=March 20, 2009 |access-date=March 21, 2009 }}</ref> On June 26, 2009, Judge Lewellyan approved a settlement of Barker's claims against the Jena Six, though the claim against the school board remained pending.<ref name="ttciv" /> | |||
Al Sharpton has stated that some of the families have continuously received threatening and harassing phone calls.<ref name="FBIprobe">{{cite web|url=http://www.washingtonpost.com/wp-dyn/content/article/2007/09/22/AR2007092201404.html?nav=rss_technology|title=FBI Probes Anti-Jena 6 Web Page | accessdate=2007-09-25 | date=2007-09-22| author=Becky Bohrer| publisher=The Associated Press}}</ref> | |||
==Jena Six's subsequent activities== | |||
On ], ], it was reported that the ] would begin patrolling the streets of Jena in order to protect the Jena Six and their families, as well as other African American residents of the town, "against open and imminent threats from Ku Klux Klan and other White supremacists advocating violence."<ref name="blackpanthers">{{cite web|url= http://www.shreveporttimes.com/apps/pbcs.dll/article?AID=/20070927/BREAKINGNEWS/70927005|title= Black Panthers say they will patrol Jena|accessdate=2007-09-28|author= Gannett News Service}}</ref> | |||
] and ], at the front of the September 20, 2007, march in Jena, Louisiana]] | |||
] ] at the September 20, 2007, Jena Six Rally]] | |||
On August 6, Judge Yeager terminated Beard's probation (he remained under the conditions of his bail release in the Barker incident) so he could attend the ] in ].<ref>{{cite news|title='Jena Six' member Beard to attend school in Connecticut |work=The Town Talk |date=August 13, 2008 |url=http://archive.thetowntalk.com/article/99999999/NEWS/399990227/August-13-2008-Jena-Six-member-Beard-attend-school-Connecticut |archive-url=https://archive.today/20141217190534/http://archive.thetowntalk.com/article/99999999/NEWS/399990227/August-13-2008-Jena-Six-member-Beard-attend-school-Connecticut |url-status=dead |archive-date=December 17, 2014 |access-date=August 13, 2008 }}</ref> Half of the $39,900 annual tuition was paid for with Jena Six defense fund money.<ref name="whatnow">{{cite news|title=The Jena 6 and Barker: Where are they now?|work=The Town Talk|date=September 21, 2008}}</ref><ref>{{cite news|title=Beard using 'Jena Six' defense funds for schooling|work=The Town Talk|date=August 15, 2008}}</ref> At Canterbury, Beard played on the basketball, baseball, and football teams and graduated in 2010.<ref name= newlife>{{cite news|title=Attorney gives Jena 6 teen counsel, chance at new life|url=http://www.cnn.com/2009/US/08/25/jena.to.new.york/index.html|publisher=CNN|date=August 25, 2009|access-date=May 5, 2012}}</ref> | |||
On May 10, Bell was stopped in ], for speeding and not having proper vehicle insurance while on a weekend pass from his sentence.<ref name="subsequent">{{cite news|title=May 30, 2008: Some 'Jena Six' defendants have recent legal problems |work=The Town Talk |date=May 30, 2008 |url=http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990252 |archive-url=https://archive.today/20130204083425/http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/399990252 |url-status=dead |archive-date=February 4, 2013 |access-date=July 22, 2008 }}</ref> In an interview televised on CNN on August 24, 2008, Bell admitted to having struck Barker in 2006 and described Jena as "a real racist town".<ref> {{webarchive|url=https://archive.today/20120912040058/http://www.thetowntalk.com/article/99999999/NEWS/399990247/August-25-2008-Bell-to-CNN-Jena-a-real-racist-town- |date=September 12, 2012 }}, ''The Town Talk'', August 25, 2008.</ref> On August 27, 2008, the ] turned down Bell's request for an extra year of athletic eligibility.<ref>{{cite news|title='Jena 6' defendant denied to play football|work=Shreveport Times|date=August 28, 2008}}</ref> Marcus Jones, Bell's father, blamed Bell's attorney at the time of the plea agreement for the denial. "If it weren't for his attorney, Mychal would be able to play football", Jones said. "They coerced him into taking that plea agreement. If he wouldn't have taken that plea, he wouldn't be in the position he's in now".<ref>{{cite news|title=Mychal Bell of 'Jena Six' denied fifth year of high school football eligibility|work=The Town Talk|date=August 28, 2008}}</ref> In 2014, Bell was attending ] in ].<ref>, '']'', June 17, 2014. Retrieved March 18, 2017.</ref> | |||
===Media coverage=== | |||
Initially the Jena 6 were largely ignored by traditional press.<ref> By Howard Witt, '']'' September 18, 2007</ref><ref></ref> The case began to receive extensive media coverage in September 2007, both from news reporters and columnists. | |||
Robert Bailey attended high school at Shaw High School in ], where he was granted an extra year's eligibility to play football.<ref name="whatnow"/><ref>{{cite news|title=Jena 6 student will play football for Shaw|work=Shreveport Times|date=August 25, 2008 | url = https://www.ledger-enquirer.com/news/local/article29014960.html | access-date = 2020-12-08}}</ref> | |||
====Internet and blogs==== | |||
Many of the protesters who came to Jena heard about the racially charged arrests from the Internet and talk radio rather than civil-rights leaders or mass media. Word spread through ]s,<ref></ref> ]s, websites, and ] after the parents of the students set up a website appealing for donations to pay legal costs. From there, it became a cause for black radio talk-show hosts and celebrities, such as hip-hop artist and actor ].<ref> ''From Orlando Sentinel''</ref> Groups such as the ''Afrosphere Jena 6 Coalition'' appealed to the mainstream traditional media to cover the story through a ‘Day of Blogging for Justice’ on Thursday August 30th.<ref></ref> | |||
Theo Shaw was able to attend classes at another high school and have his credits transferred to Jena. He received a Jena High School diploma although he took part in the graduation ceremony at the other school.<ref name="whatnow"/> On June 3, 2018, he graduated from the ], having received a full ] as a Gates Public Service Law Scholar.<ref>{{cite news |last1=DeBerry |first1=Jarvis |title='This is us': Jena 6 defendant Theo Shaw delivers law school commencement address |url=https://www.nola.com/opinions/index.ssf/2018/06/jena_6_law_school.html |access-date=December 4, 2019 |work=] |date=June 6, 2018 |archive-url=https://web.archive.org/web/20180608193856/https://www.nola.com/opinions/index.ssf/2018/06/jena_6_law_school.html |archive-date=June 8, 2018}}</ref><ref>{{cite web|url=http://www.law.washington.edu/GatesScholar/Scholars.aspx?YR=2015 |title=Gates Public Service Law Scholars |website=School of Law|publisher=University of Washington|access-date=December 4, 2019|archive-url=https://web.archive.org/web/20161007171856/http://www.law.washington.edu/GatesScholar/Scholars.aspx?YR=2015|archive-date=October 7, 2016}}</ref> | |||
Not all bloggers concerned about injustice in Jena were in favor of dismissing the charges against the six. "I am very sympathetic to the point that there has been a systematic tendency to treat the black kids involved as thugs, while treating the white kids as just adolescent pranksters horsing around." Wrote Megan McArdle of ''Assymetric Information'', "But they shouldn't be freed. Six guys assaulted one, and after he was lying on the ground unconscious, kicked him repeatedly in the head. They should go to jail for this."<ref></ref>. Sandra Rose wrote: "I still think the rally in support of the Jena 6 boys was noble, but a little misguided. Only one of the Jena 6 remains in jail and based on his history of violent behavior - he needs to stay right where he is. The reality is if the 6 boys didn't beat one boy unconscious and kick him while he was on the ground, none of this would be happening. . . All this over a tree? MLK is rolling."<ref></ref> | |||
{{clear}} | |||
====Black talk radio==== | |||
Eugene Robinson of the ''Washington Post'' wrote that Black talk radio played an important role in spreading word about the Jena 6.<ref name="blackradio"> By Eugene Robinson | |||
Friday, September 21, 2007; Page A19. ''The Washington Post''</ref> ], whose afternoon drive-time radio show is heard in ] markets across the country was among the first to launch a crusade on behalf of the Jena 6. The story was then taken up by other black radio hosts, morning show host ], ], the comedian and the Rev. ]. During the protests both Joyner and Harvey shows featured live updates from the scene.<ref name="blackradio">...</ref> | |||
==References== | |||
====News reporting==== | |||
{{Reflist|30em | |||
Many of the news reports from Jena have evoked the ],<ref name = "pbs"/> made references to ],<ref name = "pbs"/><ref name="townturmoil"/> or evoked ].<ref name = "pbs"/><ref name="townturmoil"/> However, some have pointed out inaccurate reporting by the media. In his article, Jason Whitlock of FOXSports.com brought up the fact that people keep referring to the attack as a "schoolyard fight" due to the lack of serious injuries. He also pointed out that in the beginning, nobody brought up the fact that Mychal Bell's public defender was black or that the jury was all-white because none of the blacks who were summoned showed up. Whitlock also criticizes for the lack of reporting Bell's prior criminal history.<ref>{{cite web|url=http://msn.foxsports.com/other/story/7170510|title= Journey to Jena, justice is long, misleading |accessdate=2007-09-27|author=Jason Whitlock| publisher=FOXSports.com}}</ref> As well, MTV recently posted a retraction for incorrect information that it had reported on the case from other news sources.<ref name="MTVerror"/> | |||
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{{cite news | |||
| last = Franklin | |||
| first = Craig | |||
| date = October 24, 2007 | |||
| title = Media myths about the Jena 6 | |||
| newspaper =The Christian Science Monitor | |||
| pages = 1–3 | |||
| url = http://www.csmonitor.com/2007/1024/p09s01-coop.html | |||
| access-date = February 20, 2012 | |||
}}</ref> | |||
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====Columnists==== | |||
Columnists criticizing the U.S. criminal justice system, within the context of the Jena Six case, have cited the Urban League's 2005 State of Black America report, which states that the average black male convicted of aggravated assault (the charge against the Jena Six) serves 48 months in prison, one third longer than a comparable white man. That report also stated that an black male who is arrested is three times more likely to go to prison than a white male convicted of the same crime.<ref name="pbs">{{cite web|url=http://www.pbs.org/newshour/extra/features/july-dec07/jena_9-24.html|title=Jena Six Rally Highlights Racial Tensions|accessdate=2007-09-27|author=Talea Miller}}</ref> <ref>{{cite web|url=http://www.abc.net.au/news/stories/2007/09/21/2040080.htm|title=Jena 6 case sparks anti-racism protest|accessdate=2007-09-27|author=Kim Landers}}</ref> <ref name="younge">{{cite web|url=http://www.guardian.co.uk/Columnists/Column/0,,2170644,00.html|title=Apart from the noose, this is an everyday story of modern America|accessdate=2007-09-27|author=Gary Younge}}</ref> <ref name="page">{{cite web|url=http://www.baltimoresun.com/news/opinion/oped/bal-op.page25sep25,0,2383627.story|title=Injustice is bigger than the 'Jena 6'|accessdate=2007-09-27|author=Clarence Page}}</ref> <ref name="williams">{{cite web|url=http://www.insidebayarea.com/argus/oped/ci_6946382|title=Old-fashioned Southern justice in modern South|accessdate=2007-09-27|author=Byron Williams}}</ref> | |||
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Among the columnists feeling that the charges were appropriate was columnist and cartoonist ], who noted , "Six against one isn't a schoolyard fight. . . . Fights are one on one. Six on one is attempted murder. Kicking someone after they've passed out is attempted murder. Nothing Barker said, no matter how foul, can justify such a vicious assault by bullying jocks. This is the stuff of Columbine."<ref name="rall">{{cite web|url=http://news.yahoo.com/s/ucru/20070926/cm_ucru/thedreamdownscaled;_ylt=AiUbCuSVas9wmbkYOiDRv5ME1vAI|title=The Dream, Downscaled|accessdate=2007-09-27|author=Ted Rall}}</ref> | |||
{{Commons category|Jena Six}} | |||
{{Wikinews|Al Sharpton speaks out on race, rights and what bothers him about his critics}} | |||
==Publicity of story== | |||
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In a ], 2007, column in the ], black columnist ] traced how the story gained national attention. According to Whitlock, in early 2007, Alan Bean (not the astronaut of the same name), a Texas minister, wrote two "pro-defense" summaries of the incident after consultation with the defendants' families. Bean connected the various incidents related in this article and his "narratives form the outline for most of the world’s understanding of the case." Bean then provided copies of the narratives to reporters and others who he "knew would do a good job with the story." From there, and despite what Whitlock describes as factual errors in Bean's narratives, the story grew to the outline: "The Jena Six beat up Justin Barker because they were still angry about the lack of sufficient punishment given to white kids who hung nooses on a whites-only shade tree, and the six were railroaded by an overzealous district attorney who failed to properly prosecute white men who viciously assaulted Robert Bailey and later pulled a shotgun on Bailey and two others at a convenience store." | |||
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Whitlock relates that "Walters, police investigators, school officials and some Jena residents say Bean’s story is hogwash."<ref name="whitlock">{{cite web |url=http://www.kansascity.com/273/story/296701-p2.html/ |title=Jena 6 case caught up in whirlwind of distortion, opportunism |accessdate=2007-10-01| publisher=Kansas City Star}}</ref> | |||
* ], , 44 ] 361 (2009). | |||
{{Featured article}} | |||
==Congressional action== | |||
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On ], ], Representative ], Chairman of the House Judiciary Committee, announced that he would hold congressional hearings on what he described as "the miscarriages of justice that have occurred in Jena, Louisiana," with the goal of pressuring the U.S. Department of Justice into taking what Chairman Conyers deems to be appropriate action.<ref>{{cite web|url=http://ap.google.com/article/ALeqM5g_B895UEtV38cUvZWav9zg08hh3Q|title=Lawmakers Seek Jena 6 Teen's Release|accessdate=2007-09-26|author=Devlin Barrett}}</ref> On September 27, 2007, the ] called upon the Department of Justice to investigate possible ] violations in the Jena Six case, saying "This shocking case has focused national and international attention on what appears to be an unbelievable example of the separate and unequal justice that was once commonplace in the Deep South."<ref>{{cite web|url=http://www.allheadlinenews.com/articles/7008653663|title=Congressional Black Caucus Calls For Justice Department To Investigate Jena 6 Case|accessdate=2007-09-27|author=Linda Young}}</ref> | |||
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== External links == | |||
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== References == | |||
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Latest revision as of 01:57, 16 January 2025
Six black teenagers in Louisiana, convicted in a 2006 beating
The Jena Six were six black teenagers in Jena, Louisiana, convicted in the 2006 beating of Justin Barker, a white student at the local Jena High School, which they also attended. Barker was injured on December 4, 2006, by the members of the Jena Six, and received treatment at an emergency room. While the case was pending, it was often cited by some media commentators as an example of racial injustice in the United States. Some commentators believed that the defendants had been charged initially with too-serious offenses and had been treated unfairly.
A number of events had taken place in and around Jena in the months before the Barker assault, which the media have associated with an alleged escalation of local racial tensions. These events included: the hanging of rope nooses from a tree in the high school courtyard, two violent confrontations between white and black youths, and the destruction by arson of the main building of Jena High School. Extensive news coverage related to the Jena Six often reported these events as linked. Federal and parish attorneys concluded from their investigations that assessment was inaccurate for some of the events; for instance, the burning of the high school was an attempt to destroy grade records.
Six students—Robert Bailey, then aged 17; Mychal Bell, then 16; Carwin Jones, then 18; Bryant Purvis, then 17; Jesse Ray Beard, then 14; and Theo Shaw, then 17—were arrested for the assault of Barker. Mychal Bell was initially convicted as an adult of aggravated battery and conspiracy to commit aggravated battery. His convictions were overturned on the grounds that he should have been tried as a juvenile. Before a retrial in juvenile court, Bell pleaded guilty to a reduced charge of simple battery. The other five defendants later pleaded "no contest" to the same offense and were convicted.
The Jena Six case sparked protests by people who considered the arrests and subsequent charges, initially attempted second-degree murder, as excessive and racially discriminatory. The protesters asserted that white Jena youths involved in similar incidents were treated more leniently. On September 20, 2007, between 15,000 and 20,000 protesters marched on Jena in what was described as the "largest civil rights demonstration in years". Related protests were held in other US cities on the same day. Subsequent reactions included songs alluding to the Jena Six, numerous editorials and opinion columns, and congressional hearings.
Background to the assault
Jena High School is located in the town of Jena, Louisiana, which has about 3,000 people. Some early reporting indicated that students of different races seldom sat together, for instance in the cafeteria, although this has been disputed. According to early reports of the school environment, black students when outside typically sat on bleachers near the auditorium, while white students sat under a large tree in the center of the school courtyard, referred to as the "white tree" or "prep tree". According to some of the school's teachers and administrators, the tree in question was not a "white tree", and students of all races had sat under it at one time or another.
At a school assembly held on August 31, 2006, a black male freshman asked the principal whether he could sit under the tree. According to Donald Washington, United States Attorney for the Western District of Louisiana, the principal said the question was posed in a "jocular fashion". The principal told the students they could "sit wherever they wanted". CNN reported that the freshman and his friends sat under the tree.
Noose hanging
The following morning, students and staff discovered rope nooses hanging from the tree; reports differ as to whether there were two or three nooses. A black teacher described seeing both white and black students "playing with , pulling on them, jump-swinging from them, and putting their heads through them" that same day. Craig Franklin, assistant editor of The Jena Times, said the nooses were hung as a prank by three students directed at white members of the school rodeo team. The school's investigating committee had concluded that "the three young teens had no knowledge that nooses symbolize the terrible legacy of the lynchings of countless blacks in American history". The names of those who hung the nooses were not publicly disclosed.
Repercussions
The school disciplinary process that followed is unclear. It was reported that the principal, Scott Windham, learned that three white students were responsible and recommended expulsion, that the board of education overruled his recommendation, and that school superintendent Roy Breithaupt agreed with the overruling. It was initially reported that the punishment was reduced to three days of in-school suspension. Under the district's Crisis Management Policy Procedures, the three students were isolated at an alternative school "for about a month", spent two weeks on in-school suspension, served Saturday detentions, had to attend Discipline Court, were referred to Families in Need of Services, and had to have an evaluation before they were able to return to school.
The school superintendent was quoted as saying, "Adolescents play pranks. I don't think it was a threat against anybody". Black residents of Jena have said that this comment stoked racial tensions leading to subsequent events.
According to US Attorney Donald Washington, the Federal Bureau of Investigation (FBI) investigators found that the hanging of the nooses "had all the markings of a hate crime". But, it could not be prosecuted as such since juveniles are rarely prosecuted in the federal system, and this offense did not meet departmental standards for charges to be brought. La Salle Parish District Attorney J. Reed Walters stated that Washington had found no federal statute under which the teens could be prosecuted, just as he had found no applicable state statute. Walters opined: "The people that should be ashamed of what they unleashed on this town".
The school called police to the school in the days after the noose incident. The principal called an assembly on September 6, 2006. The Jena Police Department asked Parish Attorney Walters to attend and speak at the assembly. Already pressed for time due to a case under preparation, Walters felt that the students were not paying proper attention to him. He warned them, "I can be your best friend or your worst enemy. With the stroke of a pen I can make life miserable for you or ruin your life. So I want you to call me before you do something stupid". Though black students say Walters was looking at them when he made the comments, Walters and school board member Billy Fowler, also present, deny it. Walters said that he was irritated at "two or three girls, white girls, were chit-chatting on their cellphones or playing with their cellphones".
School arson, fight, and confrontation
On November 30, 2006, the main building of the high school was destroyed by arson. Although it would be many months before the perpetrators were known, the news media later widely cited the fire as a racially charged event leading up to the assault on Barker. On December 28, 2007, LaSalle Parish Sheriff-elect Scott Franklin announced that an investigation had shown that the fire was set in an effort to destroy grade records in the building and to close the school for a time. Six male suspects (three juveniles and three adults) had been arrested, and two more adult males were being sought. Franklin indicated that the fire was not racially motivated, and had no connection to the Jena Six. Two of the arson defendants pleaded guilty, and were sentenced to ten years in prison, with restitution ordered in the amount of $10 million.
On December 1, 2006, a private party was held at the Jena Fair Barn. Bailey and four other black youths tried to enter the party at about 11:00 p.m. According to U.S. Attorney Washington, they were told by a woman that no one was allowed inside without an invitation. The youths persisted, stating that some friends were already at the party. A white male, who was not a student, moved in front of the woman and a fight ensued. After the fight broke up, the woman told both the white male and the black students to leave the party. Once outside, the black students were involved in another fight with a group of white males who were not students. Justin Sloan, a white male, was charged with battery for his role in the fight and was put on probation. Bailey later said that one of the white males broke a beer bottle over his head, but there are no records of Bailey receiving medical treatment.
The following day, an incident occurred at the Gotta Go convenience store, outside Jena in unincorporated LaSalle Parish, between Matt Windham and three black youths, including Bailey. Law enforcement reported that their accounts contradicted each other. Windham alleged that Bailey and his friends chased him, that he ran to get his gun, and that the students wrestled it away from him. According to the black students, as they left the convenience store, they were confronted by Windham with a shotgun. They said they wrestled the gun away from him and fled the scene. Bailey was charged with disturbing the peace, second-degree robbery, and theft of a firearm.
Attack on Barker
A group of black students punched, kicked, and stomped on a white 17-year-old Jena High School student, Justin Barker, on December 4, 2006. At first the black attackers claimed that they beat victim Justin Barker because he made a racist joke, but subsequently they advanced the explanation they beat him because they encountered three nooses. Superintendent Breithaupt described the battery as a "premeditated ambush and attack by six students against one. The victim attacked was beaten and kicked into a state of bloody unconsciousness". Barker was released from a local emergency room after three hours of treatment and observation for a concussion and an eye that had swollen shut. The emergency physician's record shows that he also had injuries to his face, ears, and hand. He attended his school's class ring ceremony and dance that evening. He later testified, "I waited 11 years to go to it. I wasn't going to let that get in my way". He left the dance early due to pain. During the trial, Barker testified that his face was badly swollen after the attack and that he suffered a loss of vision in one eye for three weeks. He said that he had suffered recurring headaches and forgetfulness since the attack.
US Attorney Washington stated he did not believe the noose incident and the beatings were related. Walters likewise said that he believed there was no link between the noose incident and the beating. "When this case was brought to me and during our investigation and during the trial, there was no such linkage ever suggested. This compact storyline has only been suggested after the fact." Although Washington believed that both the noose hangings and the Barker battery were symptoms of racial tension, he has also said that there was no apparent lingering anger among students at the school after the nooses were found.
Criminal cases
Law enforcement arrested six students, eventually dubbed the "Jena Six", who were accused in the attack on Barker. Five of them (Robert Bailey Jr., then 17; Mychal Bell, then 16; Carwin Jones, then 18; Bryant Purvis, then 17; and Theo Shaw, then 17) were charged with attempted murder. The sixth student, Jesse Ray Beard (also known as Jesse Rae Beard), was charged as a juvenile. Walters charged Mychal Bell as an adult, although he was only 16, because of his previous criminal record and because Walters believed Bell initiated the attack.
Mychal Bell proceedings
District Judge J. P. Mauffray Jr. presided over Bell's trial. On the first day of trial, June 26, 2007, Walters reduced the charges to aggravated second-degree battery and conspiracy to commit aggravated second-degree battery. The charge of aggravated battery requires the use of a "dangerous weapon", and Walters argued that the tennis shoes worn by Bell while allegedly kicking Barker were dangerous weapons. A number of witnesses testified that they saw Bell strike Barker, while other witnesses were unsure Bell was involved at all.
Before the trial began, public defender Blane Williams had urged Bell to accept a plea bargain. At trial he rested the defense case without calling any witnesses or offering any evidence. The six members of Bell's jury were all white. The 150-person jury pool included black citizens, who make up 10 percent of the parish's population, but none of the 50 potential jurors who showed up were black. Williams did not challenge the composition of the jury pool.
The jury found Bell guilty, and he faced the possibility of up to 22 years in prison. The judge scheduled sentencing for September 20, 2007. Bell's new defense attorneys, Bob Noel, Walter Lee Perkins Jr., Peggy Sullivan, Louis Scott and Carol Powell-Lexing, requested a new trial on the grounds that Bell should not have been tried as an adult. A request to lower Bell's $90,000 bond was denied on August 24, 2007, due to his juvenile record. Bell had been put on probation for a battery that occurred December 25, 2005. While on probation, he was convicted of another battery charge and two charges of criminal damage to property. One of the battery charges was reportedly for punching a 17-year-old girl in the face. The media had initially reported that Bell had no prior criminal record. On September 4, 2007, Judge Mauffray vacated the conspiracy conviction on the grounds that Bell should have been tried as a juvenile, but he let the battery conviction stand. Bell appealed his conviction, principally on the ground that he had been improperly tried as an adult. On September 14, 2007, Louisiana's Third Circuit Court of Appeals overturned Bell's battery conviction, agreeing that this remaining charge was not among those for which a juvenile may be tried as an adult.
Following the appellate ruling, on September 21, 2007, Judge Mauffray denied the request for Bell to be eligible for bail pending possible further appeal. On September 26, Parish Attorney Walters announced that the prosecution would not appeal the appellate ruling, but would try Bell as a juvenile. Bell was released on $45,000 bond, subject to electronic monitoring and under the supervision of a probation officer.
On October 11, 2007, Mauffray found that Bell had violated the terms of his probation for previous convictions. The judge sentenced Bell to 18 months in a juvenile facility on two counts of simple battery and two counts of criminal destruction of property, and Bell was taken into custody. According to Walters, the matter was unrelated to the assault on Barker, and it had not been referred to during the Barker proceedings. The defense filed a motion to dismiss the Barker charges on the ground that retrying Bell would amount to double jeopardy. On November 8, 2007, Mauffray denied the motion.
Bell's retrial in the Barker assault was scheduled for December 6. Three days before the trial began, he pleaded guilty to a reduced charge of battery, and was sentenced to 18 months in a juvenile facility, with credit for time served. He agreed to testify against any of the other assault defendants at trial. All appeals were dropped as part of the plea agreement.
Remaining defendants
On September 4, 2007, charges against Carwin Jones and Theo Shaw were reduced to aggravated second-degree battery and conspiracy, as were those of Robert Bailey Jr. on September 10. Bryant Purvis was arraigned on reduced charges of aggravated battery and conspiracy to commit aggravated battery on November 7, 2007, and pleaded not guilty. Because Louisiana law considers seventeen-year-olds to be adults for purposes of criminal culpability, the charges for these four were unaffected by the appellate ruling overturning Bell's conviction.
Proceedings were on hold for some time pending resolution of various motions to require Mauffray to recuse himself. On July 31, 2008, Mauffray was removed from the cases by Judge Thomas Yeager for making questionable comments about the defendants. The Louisiana Supreme Court assigned Judge Yeager to hear the five remaining cases by order signed August 4, 2008. Walters appealed the recusal order, but his appeal was dismissed on March 4, 2009, as moot, or no longer relevant, as Mauffray had left the bench at the end of 2008.
On June 26, 2009, the remaining five defendants entered pleas of "no contest" to a charge of simple battery. The court found them guilty as charged, and sentenced each to a fine of $500 (waived in regards to Shaw due to the time he spent in jail), $500 to be paid as court costs, restitution to be paid to the Barker family (with whom the defendants were ordered to have no contact), and seven days of unsupervised probation. The defendants' lawyers read a statement apologizing to the Barker family and to the town. Addressing the rumors that the attack had been provoked by Barker using a racial epithet, they said on behalf of the defendants:
To be clear, not one of us heard Justin use any slur or say anything that justified Mychal Bell attacking Justin nor did any of us see Justin do anything that would cause Mychal to react.
Yeager, who presided over the plea and sentencing, also ordered the youths to avoid criminal activity, and not to disavow the statement made on their behalf in court. On June 26, it was announced that the civil case by Barker against the Jena Six members had been settled on undisclosed terms. His civil case against the school board was pending.
Media coverage
News coverage
Initially, the Jena Six were largely ignored by the United States national media, though covered locally and within Louisiana. Both The Jena Times and The Town Talk (a regional newspaper published in Alexandria, Louisiana) covered the story from its inception. A number of African-American bloggers also covered the story before there was mainstream national press coverage. The first piece on the case to be published by an outside source ran on May 9, 2007, in Left Turn, a small alternative news magazine.
The first mainstream US print media outlet to cover the matter was the Chicago Tribune, whose Southwest Bureau Chief, Howard Witt, wrote a piece covering the story on May 20. Witt had received a summary of the situation from Alan Bean, a Texas minister who had founded the advocacy group Friends of Justice. The group sent its document to other reporters and bloggers. In it Bean demanded that outside authorities, not those in LaSalle Parish, deal with the case, and that no incarceration of the defendants occur. Britain's The Observer also featured an article on the case on May 20.
A segment on a BBC program This World followed on May 24. The case began to receive more extensive national media coverage in July 2007, with CNN interviewing Jena residents and parents of those involved. Given the racial history of the Deep South, many news reports from Jena evoked the Civil Rights Movement, referred to historic lynching, or Jim Crow.
Some sources pointed to inaccurate reporting by the media. The Associated Press published an article noting the various reporting errors that have been made, including whether the tree was a "white tree", the number of nooses, and the discipline given to the noose-hanging students. Based on this, MTV posted a retraction for incorrect information that it had reported on the case from other news sources.
Columnists and editorials
Many major editorial pages and columnists have been sympathetic to the supporters of the Jena Six. They have used the case to discuss broader trends of racism in the US criminal justice system and to call for a renewed civil rights movement. Most editorials were published around the time of the Jena rally. The New York Post, in a September 23, 2007, editorial, stated "it's impossible to examine the case of the so-called Jena Six without concluding that these black teens have been the victims of a miscarriage of justice, with a clearly racial double standard at work". Byron Williams, writing on the Huffington Post, was one of several to cite the Urban League's 2005 finding that the average black male convicted of aggravated assault serves 48 months in prison, one-third longer than a comparable white man. The 2005 report also found that a black male who is arrested is three times more likely to go to jail than a white male arrested for the same crime. Writing in The New York Times, Professor Orlando Patterson of Harvard University used the case to highlight the use of the prison system as a means of "controlling young black men", which is one factor in a broader "crisis in relations between men and women of all classes and, as a result, the catastrophic state of black family life".
Other columnists have argued that inaccuracies in the media coverage unfairly tarnish the town and have led to a national overreaction, part of the tendency in the 24-hour news cycle. Dallas Morning News columnist Heather MacDonald, while condemning the noose hangings as a "despicable provocation", said that "the media, the (race) advocates and pandering politicians have erupted in an outpouring of seeming joy at the alleged proof that America remains a racist country". In a column in the Kansas City Star, Jason Whitlock drew attention to what he called factual inaccuracies in reporting of the story. He focused on the piece circulated by Bean to news outlets, "Bean's story is framed—by his own admission—as an indictment of the criminal justice system and the people in power in Jena and, therefore, the story is unfairly biased". Craig Franklin, assistant editor of The Jena Times, who says that he is the only writer to have covered this story from its inception, wrote in The Christian Science Monitor, "I have never before witnessed such a disgrace in professional journalism. Myths replaced facts ... the truth about Jena will eventually be known".
Public response
The case provoked reactions that the charges against the Jena Six were disproportionate and racially motivated. Supporters of the Jena Six circulated online petitions, raised money for legal defense, and held a demonstration in Jena on September 20, 2007. This event attracted thousands marching in protest.
British rock musician David Bowie donated money.
Rallies
Rallies in support of the Jena Six were held in Jena on September 20, 2007, the date upon which Bell was scheduled for sentencing. An estimated 15,000 to 20,000 demonstrators attended the rally that day, severely overtaxing the facilities of the small town. Protesters took buses from such distant cities as Los Angeles and Washington, DC. Because of the congestion on the roads leading to Jena, many protesters left their vehicles and continued into town on foot. Attendees included civil rights activists Jesse Jackson, Al Sharpton, and Martin Luther King III, and rappers Mos Def and Salt-n-Pepa. Rapper-actor Ice Cube attended and financially supported the rally. Darryl Hunt, an African American who was wrongfully convicted of the rape and murder of a young white newspaper reporter in 1984, was scheduled as a keynote speaker. The demonstrators were addressed by Darryl Matthews, General President of Alpha Phi Alpha fraternity, who said, "It is sobering to know that in 2007 Martin Luther King's dream of equal treatment, respect, fairness and opportunity is still not realized".
Artistic tributes
Several songs have been produced in response to the Jena Six case. John Mellencamp released a song and video called "Jena", with lyrics such as "Jena, take your nooses down" which gained considerable media attention, and which Mellencamp described as a "condemnation of racism". The video juxtaposes images of Jena, the high school, and the tree with video from the 1960s, including civil rights marchers and police beatings, video of John F. Kennedy and Martin Luther King Jr. speaking, and an image of a black man in shackles. The song and video led to Jena's mayor, Murphy R. McMillan, issuing a statement rebutting the accusations he believed were expressed and implied in the video. An episode of the Salt-N-Pepa Show on VH1 was filmed at the Jena rally. Bomani Armah released a song called "Jena 6".
Blood at the Root is a play written by Dominique Morisseau about the Jena 6. Blood at the Root premiered on March 28, 2014 at Penn State Center Stage. The story is told through the lens of one of the Jena 6's sister, who also attended the high school. The audience is able to experience the series of events that led up to the convictions from multiple students' unique perspective. It has toured internationally and has been described as "catalyzing conversations on difficult and essential questions of race and justice".
Other reactions
Many online petitions circulated calling for various actions in response to the Jena Six case. Online advocacy group Color of Change, which had previously advocated for victims of Hurricane Katrina, called for District Attorney Walters to drop all charges and for Governor Kathleen Blanco to investigate his conduct. Color of Change raised more than $212,000 for the Jena Six legal defense, largely through online donations. While the NAACP provided a link to the fund through its website, initially, the donation link on the NAACP Jena Six support page steered potential donors to the generic NAACP donation page, with no way to designate funds for the Jena Six. Black bloggers objected, and several days later, the link was altered to reach the defense fund.
The Southern Poverty Law Center represented Beard, hired local defense counsel to represent Bailey, and helped coordinate the overall defense strategy.
In the months following the Jena Six rally, controversy arose about accounting and dispersal of the legal defense funds. Questions about the money were first sparked by photos posted on Robert Bailey's former MySpace account, which show him with quantities of hundred dollar bills stuffed in his mouth. The controversy expanded when radio host Michael Baisden accused Color of Change of being "shady" with their use of the funds. Color of Change responded to the accusations by posting links to canceled checks on their website. In his November 10 report, Chicago Tribune correspondent Howard Witt noted that Color of Change was the only national civil rights group to be fully transparent with their use of the funds. But Witt raised broader questions about the funds, which totaled more than half a million dollars. He reported that attorneys for Bell claimed that they have yet to receive any money from him, and that the six families had refused to publicly account for the donations.
On September 22, 2007, the FBI opened an investigation of a white supremacist website that listed the addresses of five of the Jena Six and the telephone numbers of some of their families "in case anyone wants to deliver justice". An FBI spokeswoman said the agency believed that the website "essentially called for their lynching". Civil rights advocate Al Sharpton has said that some of the families have continually received threatening and harassing phone calls.
Later developments
On September 25, 2007, Representative John Conyers (D), Chairman of the House Judiciary Committee, announced that he would hold congressional hearings on what he described as "the miscarriages of justice that have occurred in Jena, Louisiana", with the goal of pressuring the United States Department of Justice into taking action. The hearing took place on October 16, 2007; Washington and Sharpton, among others, testified. Walters was invited to testify but declined. Most Republican members of the committee declined to attend. Representative Sheila Jackson Lee (D-Texas) said to Washington and other Justice Department officials, "Shame on you. ... As a parent, I'm on the verge of tears," and said, "I want to know what you're going to do to get Mychal Bell out of jail!" US Attorney Washington responded that the federal government had a limited role to play in the matter.
Representative Lee and other members of the Congressional Black Caucus called upon outgoing Louisiana Governor Blanco to pardon the Jena Six on December 19, 2007, stating that "we believe Mychal Bell and the Jena 6 have paid a sufficient debt to society for any transgressions they may have committed". Blanco's office responded that she cannot grant pardons without a recommendation from the state Pardon Board, and no meeting of that body was scheduled during her remaining term of office. Walters commented that Representative Lee's "passion for racial equality is admirable, but her grasp of the facts is not". He indicated that the attack on Barker was not just a schoolyard fight "but rather an unprovoked, unforeseen assault on a young man who had nothing to do with the hanging of the nooses". Governor Blanco's term of office ended without any pardons being granted.
On July 31, 2007, the school had the controversial tree cut down. School Board member Fowler said, "There's nothing positive about that old tree. It's all negative. And I'm serving on the new School Board, and we're wanting to start fresh on some things". According to Fowler, the tree would have had to have been cut down to make way for the rebuilding of the school after the fire. Others thought that taking down the tree was not an effective way to address any problems of racism in Jena. "Cutting down that beautiful tree won't solve the problem at hand," said Caseptla Bailey, Robert Bailey's mother. "It still happened". The remains of the building have been cleared, and a bid accepted for the reconstruction.
Jones and Purvis attended the BET Hip Hop Awards in Atlanta on October 13, 2007, and were invited to present the award for Video of the Year. When the two defendants came out on stage, they were greeted by a standing ovation. Emcee Katt Williams joked, "They don't look so tough, do they?" The two members delivered speeches thanking family, friends, the "Hip-Hop Nation", and those who came to Jena.
Justin Barker and his parents filed a civil suit on November 29, 2007, against the parents of those accused of beating him, the adult members of the Jena Six (as of the time of the attack), an additional student named Malcolm Shaw, and the LaSalle Parish School Board. Barker's medical bills from his emergency room visit totaled more than $5,000. The lawsuit alleges that the LaSalle Parish School Board inadequately supervised students and failed to maintain discipline. The Barkers also allege that the school board did not implement a plan to "discourage the dangerous activity of threatening and attacking other students while in possession of actual knowledge of said threats and prior attacks while the students are on school grounds".
The case was on hold pending resolution of the criminal cases. When the Barkers' attorney learned that Jesse Ray Beard was using defense funds (which might be garnished under a civil suit) to pay for private school, he decided to push ahead with the case. Following a motion by Bell's civil attorney to recuse Mauffray in the civil case, proceedings were put on hold again pending appointment of a judge to hear that recusal motion. Mauffray subsequently retired. On March 16, 2009, Judge Ronald Lewellyan was assigned to hear the civil case. On June 26, 2009, Judge Lewellyan approved a settlement of Barker's claims against the Jena Six, though the claim against the school board remained pending.
Jena Six's subsequent activities
On August 6, Judge Yeager terminated Beard's probation (he remained under the conditions of his bail release in the Barker incident) so he could attend the Canterbury School in Connecticut. Half of the $39,900 annual tuition was paid for with Jena Six defense fund money. At Canterbury, Beard played on the basketball, baseball, and football teams and graduated in 2010.
On May 10, Bell was stopped in Olla, Louisiana, for speeding and not having proper vehicle insurance while on a weekend pass from his sentence. In an interview televised on CNN on August 24, 2008, Bell admitted to having struck Barker in 2006 and described Jena as "a real racist town". On August 27, 2008, the Louisiana High School Athletic Association turned down Bell's request for an extra year of athletic eligibility. Marcus Jones, Bell's father, blamed Bell's attorney at the time of the plea agreement for the denial. "If it weren't for his attorney, Mychal would be able to play football", Jones said. "They coerced him into taking that plea agreement. If he wouldn't have taken that plea, he wouldn't be in the position he's in now". In 2014, Bell was attending Southern University in Baton Rouge.
Robert Bailey attended high school at Shaw High School in Columbus, Georgia, where he was granted an extra year's eligibility to play football.
Theo Shaw was able to attend classes at another high school and have his credits transferred to Jena. He received a Jena High School diploma although he took part in the graduation ceremony at the other school. On June 3, 2018, he graduated from the University of Washington School of Law, having received a full scholarship as a Gates Public Service Law Scholar.
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The members of Alpha Phi Alpha Fraternity, Incorporated have historically engaged in the struggle to uplift the downtrodden in their efforts to achieve the promise of social and economic parity described and prescribed in the pledge of allegiance to this great republic that declares liberty and justice for all.
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External links
- FAQ of the case and local coverage from The Town Talk (Alexandria, Louisiana)
- The Washington Post page on the Jena Six controversy
- NPR coverage of the Jena Six
- Gabriel J. Chin, The Jena Six and the History of Racially Compromised Justice in Louisiana, 44 Harvard Civil Rights-Civil Liberties Law Review 361 (2009).
Categories:
- 2006 in Louisiana
- December 2006 crimes in the United States
- African-American history of Louisiana
- People convicted of battery
- American people convicted of assault
- Crimes in Louisiana
- Quantified groups of defendants
- Juvenile law
- Jena, Louisiana
- 21st-century American trials
- Post–civil rights era in African-American history
- 2006 controversies in the United States
- African-American children
- American children
- Trials in Louisiana
- Racially motivated violence against white Americans