Monday, October 22, 2007

While Jim Crow Defenders Tout Law Enforcement in Jena 6 Case, They Ignore the National Bar Associations

They can’t say the national group of lawyers knows nothing about the law; to the contrary, they’re experts.



The NBA “has 84 affiliate chapters throughout the United States and affiliations in Canada, the United Kingdom, Africa and the Caribbean. It represents a professional network of over 40,000 lawyers, judges, educators and law students.”

http://www.nationalbar.org/news/releases/release091407.shtml
Bar Association President Vinita Banks sees the application of law and enforcement as abuse of prosecutorial power on the basis of race: “The public concern of abuse of prosecutorial power goes beyond the local legal issues of abuse. Instead, it goes to the national interest in fairness in the application of the law, and that the law is not selectively applied in contravention of constitutionally protected rights, --in this case on the basis of race.”

Also, with the fact that the FBI said the hanging of the nooses was a hate crime from day one, and recommended it as such to the Justice Department; and now the U.S. Attorney in Louisiana has finally admit himself that it's a hate crime, they can't hide behind that anymore.

Yet they feebly try. They including white so-called "progressives" who have now betrayed the Black community one time too many; but this time, the betrayal will not ride.

30 comments:

Anonymous said...

Why is Mychal Bell in jail?? Its called violation of his probation! Why was he on probation?? Mychal (Vick) Bell, like so many other hollier than tho football players think they are above the law.....

ask the many victims of Mychal (Vick) Bell and his gansters what they think! Dont you dare weep for that piece of garbage!

Anonymous said...

from the October 24, 2007 edition - http://www.csmonitor.com/2007/1024/p09s01-coop.html
Media myths about the Jena 6
A local journalist tells the story you haven't heard.
By Craig Franklin

Jena, La.
By now, almost everyone in America has heard of Jena, La., because they've all heard the story of the "Jena 6." White students hanging nooses barely punished, a schoolyard fight, excessive punishment for the six black attackers, racist local officials, public outrage and protests – the outside media made sure everyone knew the basics.
There's just one problem: The media got most of the basics wrong. In fact, I have never before witnessed such a disgrace in professional journalism. Myths replaced facts, and journalists abdicated their solemn duty to investigate every claim because they were seduced by a powerfully appealing but false narrative of racial injustice.
I should know. I live in Jena. My wife has taught at Jena High School for many years. And most important, I am probably the only reporter who has covered these events from the very beginning.
The reason the Jena cases have been propelled into the world spotlight is two-fold: First, because local officials did not speak publicly early on about the true events of the past year, the media simply formed their stories based on one-side's statements – the Jena 6. Second, the media were downright lazy in their efforts to find the truth. Often, they simply reported what they'd read on blogs, which expressed only one side of the issue.
The real story of Jena and the Jena 6 is quite different from what the national media presented. It's time to set the record straight.
Myth 1: The Whites-Only Tree. There has never been a "whites-only" tree at Jena High School. Students of all races sat underneath this tree. When a student asked during an assembly at the start of school last year if anyone could sit under the tree, it evoked laughter from everyone present – blacks and whites. As reported by students in the assembly, the question was asked to make a joke and to drag out the assembly and avoid class.
Myth 2: Nooses a Signal to Black Students. An investigation by school officials, police, and an FBI agent revealed the true motivation behind the placing of two nooses in the tree the day after the assembly. According to the expulsion committee, the crudely constructed nooses were not aimed at black students. Instead, they were understood to be a prank by three white students aimed at their fellow white friends, members of the school rodeo team. (The students apparently got the idea from watching episodes of "Lonesome Dove.") The committee further concluded that the three young teens had no knowledge that nooses symbolize the terrible legacy of the lynchings of countless blacks in American history. When informed of this history by school officials, they became visibly remorseful because they had many black friends. Another myth concerns their punishment, which was not a three-day suspension, but rather nine days at an alternative facility followed by two weeks of in-school suspension, Saturday detentions, attendance at Discipline Court, and evaluation by licensed mental-health professionals. The students who hung the nooses have not publicly come forward to give their version of events.
Myth 3: Nooses Were a Hate Crime. Although many believe the three white students should have been prosecuted for a hate crime for hanging the nooses, the incident did not meet the legal criteria for a federal hate crime. It also did not meet the standard for Louisiana's hate-crime statute, and though widely condemned by all officials, there was no crime to charge the youths with.
Myth 4: DA's Threat to Black Students. When District Attorney Reed Walters spoke to Jena High students at an assembly in September, he did not tell black students that he could make their life miserable with "the stroke of a pen." Instead, according to Walters, "two or three girls, white girls, were chit-chatting on their cellphones or playing with their cellphones right in the middle of my dissertation. I got a little irritated at them and said, 'Pay attention to me. I am right now having to deal with an aggravated rape case where I've got to decide whether the death penalty applies or not.' I said, 'Look, I can be your best friend or your worst enemy. With the stroke of a pen I can make your life miserable so I want you to call me before you do something stupid.'"
Mr. Walters had been called to the assembly by police, who had been at the school earlier that day dealing with some students who were causing disturbances. Teachers and students have confirmed Walters's version of events.
Myth 5: The Fair Barn Party Incident. On Dec. 1, 2006, a private party – not an all-white party as reported – was held at the local community center called the Fair Barn. Robert Bailey Jr., soon to be one of the Jena 6, came to the party with others seeking admittance.
When they were denied entrance by the renter of the facility, a white male named Justin Sloan (not a Jena High student) at the party attacked Bailey and hit him in the face with his fist. This is reported in witness statements to police, including the victim, Robert Bailey, Jr.
Months later, Bailey contended he was hit in the head with a beer bottle and required stitches. No medical records show this ever occurred. Mr. Sloan was prosecuted for simple battery, which according to Louisiana law, is the proper charge for hitting someone with a fist.
Myth 6: The "Gotta-Go" Grocery Incident. On Dec. 2, 2006, Bailey and two other black Jena High students were involved in an altercation at this local convenience store, stemming from the incident that occurred the night before. The three were accused by police of jumping a white man as he entered the store and stealing a shotgun from him. The two parties gave conflicting statements to police. However, two unrelated eye witnesses of the event gave statements that corresponded with that of the white male.
Myth 7: The Schoolyard Fight. The event on Dec. 4, 2006 was consistently labeled a "schoolyard fight." But witnesses described something much more horrific. Several black students, including those now known as the Jena 6, barricaded an exit to the school's gym as they lay in wait for Justin Barker to exit. (It remains unclear why Mr. Barker was specifically targeted.)
When Barker tried to leave through another exit, court testimony indicates, he was hit from behind by Mychal Bell. Multiple witnesses confirmed that Barker was immediately knocked unconscious and lay on the floor defenseless as several other black students joined together to kick and stomp him, with most of the blows striking his head. Police speculate that the motivation for the attack was related to the racially charged fights that had occurred during the previous weekend.
Myth 8: The Attack Is Linked to the Nooses. Nowhere in any of the evidence, including statements by witnesses and defendants, is there any reference to the noose incident that occurred three months prior. This was confirmed by the United States attorney for the Western District of Louisiana, Donald Washington, on numerous occasions.
Myth 9: Mychal Bell's All-White Jury. While it is true that Mychal Bell was convicted as an adult by an all-white jury in June (a conviction that was later overturned with his case sent to juvenile court), the jury selection process was completely legal and withstood an investigation by the Justice Department's Civil Rights Division. Court officials insist that several black residents were summoned for jury duty, but did not appear.
Myth 10: Jena 6 as Model Youth. While some members were simply caught up in the moment, others had criminal records. Bell had at least four prior violent-crime arrests before the December attack, and was on probation during most of this year.
Myth 11: Jena Is One of the Most Racist Towns in America. Actually, Jena is a wonderful place to live for both whites and blacks. The media's distortion and outright lies concerning the case have given this rural Louisiana town a label it doesn't deserve.
Myth 12: Two Levels of Justice. Outside protesters were convinced that the prosecution of the Jena 6 was proof of a racially biased system of justice. But the US Justice Department's investigation found no evidence to support such a claim. In fact, the percentage of blacks and whites prosecuted matches the parish's population statistics.
These are just 12 of many myths that are portrayed as fact in the media concerning the Jena cases. (A more thorough review of all events can be found at www.thejenatimes.net – click on Chronological Order of Events.)
As with the Duke Lacrosse case, the truth about Jena will eventually be known. But the town of Jena isn't expecting any apologies from the media. They will probably never admit their error and have already moved on to the next "big" story. Meanwhile in Jena, residents are getting back to their regular routines, where friends are friends regardless of race. Just as it has been all along.
• Craig Franklin is assistant editor of The Jena Times.


Jena 6 case caught up in whirlwind of distortion, opportunism
By JASON WHITLOCK

JENA, La. | Jesse Jackson, Al Sharpton and talk-show hosts certainly feasted on the racial unrest in this tiny central Louisiana town.
But it would be unfair to claim they threw the match that ignited the Jena Six case into a global blaze of hostility and misinformation.
That distinction belongs to Alan Bean, a 54-year-old white, self-proclaimed Baptist minister from Tulia, Texas.
“Do I know him?” was LaSalle Parish District Attorney Reed Walters’ sarcastic and dismissive response when I asked about Bean during a 45-minute interview.
“People are reluctant to say it,” said Craig Franklin, editor of the Jena Times, “but there is no doubt that Alan Bean created all of this.”
This is different things to different people. To some, this is a long overdue civil-rights reawakening, which points out pervasive racism in the South and in our justice system. To others, this is a horrific public-relations crime against the white people of Jena and irreparable damage to race relations in the poor oil town. And to some dispassionate observers, this is an unfortunate situation being exploited by white and black racial extremists.
On Sept. 20, when Jackson, Sharpton and Jena Six family members led competing rallies in support of six black youths accused of brutally attacking a white classmate, this — more than 20,000 marchers — was something no one in Jena could ever imagine.
But Alan Bean could.
Bean — the creator of Friends of Justice, an organization primarily dedicated to helping poor minorities victimized by our justice system — had warned prominent members of the Jena community as early as January that the town would be painted as racist by the national media if Walters didn’t back down.
“I told them I was going to bring media attention to this situation, and it was likely the same thing would happen to them that happened to my little hometown,” Bean said by phone on Friday. “Tulia got a bad rap, a rap it probably didn’t deserve. But the media doesn’t do its job. It’s in the entertainment business.”
“Tulia” refers to the case that made Bean and Friends of Justice a player in the world of American criminal justice. In the late 1990s, Bean exposed a corrupt cop in his hometown. More than a dozen drug convictions against minorities were overturned because of Bean’s work. Tulia was labeled as racist, and Bean became the person to call if you thought the police and/or a prosecutor were exploiting you.
A lawyer in New Orleans put Bean and parents of the Jena Six in contact with each other in December. Within three months, Bean had researched Jena and the events surrounding the assault, and published a 5,400-word narrative titled “The Making of a Myth in Jena, Louisiana” and a 2,400-word, media-friendly narrative titled “Responding to the Crisis in Jena, Louisiana.”
These two pro-defense narratives form the outline for most of the world’s understanding of the case. Bean connected the December assault on Justin Barker to the September noose hangings, to Reed Walters’ infamous “I can ruin your life with the stroke of a pen” statement at a hastily called school assembly, and to separate off-campus confrontations between Robert Bailey and white men on the Friday and Saturday before the attack on Barker.
Walters said Wednesday he’d never heard that the attack on Barker had anything to do with the noose hangings until the defense filed motions in the spring to recuse him from the case.
Bean said he first spoon-fed his narratives to Tom Mangold of the BBC because Mangold had worked with Bean on the Tulia drug cases. The BBC filmed a documentary on the Jena Six titled “Race Hate in Louisiana.” Bean said he then gave the Jena Six story to newspaper reporter Howard Witt of the Chicago Tribune, which published a similar story on May 20.
“I put it in the hands of people I knew would do a good job with the story,” Bean said.
Bean also gave his story to a blogger, Jordan Flaherty, and a law professor, Bill Quigley. From all of these sources the story mushroomed and became fact.
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.
Walters, police investigators, school officials and some Jena residents say Bean’s story is hogwash. There is at least some legitimacy to those claims. Bean’s story and subsequent posts on his Web site contain factual errors.
The three kids responsible for hanging the nooses were given more punishment than just a “few days of in-school suspension.” They went to an alternative school for nine days and received two weeks of in-school suspension, LaSalle Parish school superintendent Roy Breithaupt said.
But more than the factual errors, 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. Bean never examined the other forces at work that contributed to the Jena Six assault and Walters’ heavy-handed approach to justice as it relates to the alleged perpetrators.
“I didn’t know,” Bean said when asked whether he knew of defendant Mychal Bell’s violent juvenile history when he was crafting his narratives. “I never talked to Mychal’s family, and I never talked to Mychal. He was in jail. I knew he had a history for getting into trouble. I knew he was a kid at a crossroads.”
Bean also didn’t know that in fall 2006, Bell, who 16 at the time, was living with his then-18-year-old best friend John McPherson and McPherson’s then-16-year-old wife, Ashley, in a three-bedroom trailer. The McPhersons are white. Bell is the godfather to their 18-month-old daughter.
Bean has a very idealistic view of the Jena defendants.
“These are fun-loving, impetuous, athletically gifted black males that don’t drink and don’t smoke, and they go to church as well,” he told me.
The church-going contention flies in the face of what Rev. Jimmy Ray Young, pastor at L&A Baptist Church, said Wednesday.
“None of these boys have been in church except when Al Sharpton was in town,” Young complained. “I’ve told the ministers we need to get these boys back in church.”
Walters claims that Bean and the media have distorted other key elements in the case.
Bean reported that Walters directed his “stroke of the pen” remark at black students when the school called an assembly to quell protests of the noose hangings. Some pro-Jena Six chain e-mails create the impression that Walters met privately with black students and threatened them. Not true, Walters and police say.
Paul Smith, Jena’s chief of police, says he and sheriff’s investigator Jimmy Arbogast called Walters to the school after a student took a swing at Smith when he was breaking up a fight between students.
“Tensions were high. Everybody was upset,” Arbogast said. “We wanted Reed to explain to them that, ‘Hey, look, you have to think for a minute. Look what age ” you are. Y’all are in high school.’
Flanked by Arbogast and Smith, Walters addressed the entire student body. He said he began by telling the students about an aggravated rape case (possible death penalty) that he was considering.
‘I can be your best friend or your worst enemy. Walters recalls saying: “ With the stroke of a pen I can make life miserable on you or ruin your life. So I want you to call me before you do something stupid.’ That last part doesn’t get reported. It doesn’t make good press.”
Bean also wrote that three days before the Jena Six assault a white man, Matt Windham, pulled a shotgun on Bailey and two others. He wrote that they wrestled the gun away from the man and ran off, and that Walters charged them with a crime rather than the white man.
The police contend that Windham — not the boys — called the police, claimed the boys threatened him, chased him back to his vehicle and wrestled his gun away. The police also say that two uninvolved female witnesses backed Windham, and that’s why the boys were charged.
Bean also mischaracterized the simple battery that Bailey suffered at the Fair Barn party four days before the attack on Barker, according to Walters, police, several witnesses and Bailey’s statements to police.
“Robert Bailey Jr. was attacked by a savage white mob at a local dance,” Bean wrote. “True, he wasn’t knocked unconscious — but that is just a matter of aim and good fortune. He was punched, he was kicked, and he was smacked over the head with a beer bottle (and he’s got the scars to prove it).”
Walters, who prosecuted Bailey’s lone attacker (Justin Sloan), said there was no mob attack. It was simply a dispute at the door of a mixed-race, invitation-only party that Bailey was denied access to.
“It wasn’t a fight,” Walters said. “Robert Bailey didn’t swing. He didn’t do anything. The kid hit him, knocked him down. No beer bottle, no anything. There was no statement of the victim at that time indicating any weapon was used. … The defendant (Sloan) was arrested on a simple battery. He was prosecuted on a simple battery. He pled guilty to a simple battery.
“It was only after the fact that I learned that a beer bottle was involved, that stitches were involved,” Walters continued. “And I checked after the fact with my local hospital: Did this happen? The information (about a beer bottle) came up in a motion to recuse me from the current charges. That’s the first time I’d heard about that.”
Ironically, Bean is now growing frustrated with the way the case has turned, particularly since Jackson and Sharpton got involved. He said they wouldn’t return his calls. He indicated there was a riff between the Bailey (Bean camp) and Bell (Sharpton camp) families.
People in Jena say the feud is over money. The families are handling the donations to the Jena Six defense fund. Robert Bailey recently posted and took down MySpace photos of himself and another Jena Six defendant with wads of $100 bills stuffed in their mouths and splashed across their bodies.
“I can tell you there is no misappropriation of the funds,” said Bean, adding he was not being paid for his services. “I’ve been there and seen them handling the checks. Where Robert got his hands on that money, I don’t know. He’s a kid. It was a stupid thing to do.”
As for Bean’s thoughts on Jackson and Sharpton?
“I’m not at all comfortable with the way this has been handled by the Jackson and Sharpton folks,” Bean said. “What’s wrong is that Jesse and Al have tried to turn this into an old civil-rights story in which Mychal Bell emerges like Rosa Parks, and that’s not right. These guys (Jackson and Sharpton) have lost their gravitas, lost their credibility. People are really tired of the same old 1960s shtick.”
Based on the crowds in Jena on Sept. 20, I’m not so sure.

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Danielle said...

Any instance of violence literal or symbolic is of great concern to me, a white progressive woman, but you are dead on in your comment that those public servants who flaunt the progressive label have neglected the black community.

I highlighted an article written by Ralph Nader that shows in cases of the blatant abuse of power and the trampling of our rights is deemed to be too controversial or unimportant to many American lawyers.

Nooses have no other purpose than to kill and the frequency that they are turning up all over the country is disheartening and frightening.

I am trying to understand how this can happen in today's America. I am beginning to see the threads connecting the illegal American war in Iraq and racism here in America. As long as our administration and our dishonorable president push the ideology of U.S. vs them, there will be racism.

I appreciate the hard work you do in getting the message out there that the public has the power to put an end to this shameful behavior by raising our collective voices for progress and resolution.

Wishing you and yours health, balance and joy.

Danielle

Yobachi said...
This comment has been removed by the author.
Yobachi said...

Danielle, I saw the link to the Nadar article at your blog, but have not had a chance to read more than a couple of paragraphs as of yet.

It's fine to abhoar violence, but the thing many white progressives who are using that as an excuse not to come forward on the Jena 6 refuse to see is that no one is saying that a white boy should be able to be beat with impunity. We're saying they should be charged and prosecuted for what they did, not over charged as many factors can demonstrate is clearly the case. Further, its dismaying that the Diaspora of white progressive-ism, has already tried and convicted the 6 accused as being the culprits. BASED ON WHAT? The evidence of even being involved is either flimsy and questionable, or refute in regards to some of the individuals. Also, that even if they're are the ones and are charged that they have the right to a fair trail, equal protection under the law, and due process.

These same "progressives" can understand these concepts when it comes to prisoners at Guantanamo Bay, because that further's their agenda of Bush bashing, and political one ups menship in domestic politics; yet are abandoning the black community when there is clear judicial misconduct.

And then as you point out, they are further being largely silent on the epidemic of nooses, or even excusing their usage as pranks, freedom of speech or just not that big of a deal. So what are we they saying there, that we all deserve to be subjected to that?

Anyway, thanks for your encouragement, and I'm glad you recognize the collective power of the people.

Anonymous said...

Yobachi,

You say the Jena 6 were over charged?? What charge would you have the police use against a violent teenager who once again beat someone as they lay comatose on the ground as another thug stomped on his head?? Are you for real??? Mychal Bell has been terrorizing the Jena community for years! What is your solution?? Timeout??

Get off your racist bangwagon and view this case for what it is...


another gang of teengager making us victims!

What heros you have!

Pathetic!

Plasticman in Baton Rouge

Yobachi said...

Annoymous coward to scared to identify yourself, I guess you have video tape of the incident, otherwise what evidence do you have that Mychael Bell stomped on anyones head?

If they weren't over charged, did how did Mychael Bell's conviction get overturned for being an illegal prosecution?

Since when do kids get life in prison for beating someone up. People get beat up all the time and the assaliants don't get life in prison at 15 and 16 for it.

Rapist, child molesters and murders seldomly get such charges; especially not when provoked.

If they weren't over charged why did DA Walters reduce all their charges once this case was exposed to the world and public pressure mounted? If he rightfully charged them with 80 and 100 years worth of crimes, why would he unjustly lower them months later. What new facts fell out of the sky months after the fact that made him see the light?

If they weren't over charged, why did the white guys who beat up jena 6 defendent Robert Bailey, and beat him over the head with a bear bottle, either not get charged at all, and only one got a misdemeanor and probation. Why didn't he get hit with 100 years?

Why do you defend unequal Jim Crow injustice?

Yobachi said...

beer bottle, not bear bottle

Anonymous said...

yobachi

http://www.cnn.com/2007/US/law/09/21/jena.hearing/index.html

"The judge has refused to lower his $90,000 bail, citing the teen's record, which includes four juvenile offenses -- two simple battery charges among them.

Bell and five other defendants were arrested in the alleged beating of Barker, who is white, at their high school on December 4. The incident followed months of racial tension, sparked originally when three white teens hung nooses from an oak tree the day after a group of black students violated an unofficial rule among students that only whites sit in that area. See timeline of how events unfolded"


once again get off your racial bandwagon...

Mychal (Vick) Bell is a thug! The "racial" incident (nooses) that poor Mr Bell reacted to occured "months" prior to the beating of a fellow student. I argue that Mr (Vick) Bell beating of the student is more to due to Mr (Vick) Bell being a criminal and his family used a story of nooses to try to get him out of jail.

Stop being a racist and look at Bell for who his is, just a gangster punk, soom to serve time in Angola Penn! instead of Penn State!

Another thing, if your gonna argue with me, cite fact as I have....not your anti white racism!

Pathetic!


Plasticman in Baton Rouge

nathan said...

Whoever it maybe all are equal in law. Racism should never be allowed to set foot in a country by any means.Respect all.

------------------------

Ashley

Louisiana Alcohol Addiction Treatment

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