Race and Coverage of the Jena 6: The Elephant That is Never Leaving the Room

Earlier this month, I received an email forward that, unlike most others, stopped me in my tracks. This particular message was from colourofchange, an African-American lobbying group, and was not the usual invitation to attend a swanky fundraiser or join a junior board. It recounted that disturbing tale of the Jena 6, whose responses to racial hate crimes and subsequent criminal sentencing is reminiscent of the Jim Crow era.

Unless you were glued to CNN or MSNBC Thursday afternoon, your response to this question before today would have probably been the same as mine. Who are the Jena 6?

The Jena 6 are six African-American high school students from Jena, Louisiana who were arrested and charged with attempted second degree murder and conspiracy to commit second-degree murder after their alleged involvement in an assault on a white student. That the students were charged for what amounts to a schoolyard fight is news in itself, but what is more troubling is that the District Attorney, Reed Walters, chose to charge the students as adults.

Jena 6 is a story of tenuous race relations in a town that the Civil Rights Act forgot. At the beginning of the first semester last year, a black student at Jena High School asked for permission to sit under the a tree that had traditionally been a meeting place for white students. He was told that he could sit wherever he wanted. The following day, students arrived to see the tree adorned with three hangman's nooses, each painted in the school colors.

The story then follows an all too familiar path. Black students protest nooses at school. White students attend a nearby school as punishment while their actions are dismissed as a silly prank. Black student tries to enter largely white party. When white students attack and beat him, the student who breaks bottle over his head is charged with a misdemeanor and given probation.

White student threatens black students with a gun in a grocery store. Black students wrestle gun away from him and are charged with second-degree robbery. White student taunts black student about his beating with racial epithets. Black students beat him and he suffers bruising and concussion. Black students are charged as adults for attempted second-degree murder.

From the email, the Jena case appeared to be a textbook account of racial disparities in criminal justice. I immediately perused the New York Times website for a tell-all article. I found no mention of the Jena 6, Jena, Louisiana or any Jena at all, unless you count the young actress Jena Malone. The Grey Lady, the true bastion of white, liberal, middle class intellectualism had chosen to sit this one out? The Washington Post was a little better. However, among national dailies, only the Chicago newspapers gave the Jena 6 their just due with regular, thorough updates. Other than that, the real scoop was to be found in blogs, political websites, and the organized grassroots of NPR podcasts. Have we become so complacent about the lethal cocktail of race and crime bubbling at the surface of this country's justice system that the Jena 6 is not worth significant newspaper space?

Perhaps news editors and the American public are just "raced out". The Jena story comes after the Duke lacrosse debacle, Don Imus' gross display, and the disgusting torture of Megan Williams. Even the most optimistic may reasonably question the elimination of the specter of race from the face of criminal and public justice -- and frustrated, may try to dismiss it, as the elephant that is never leaving the room. On Thursday, I wore black in support of the Jena 6, and turned on CNN's webstream in my office so that I could quietly watch the thousands who gathered in Washington and Jena, Louisiana at rallies in support of the Jena 6. They served as a fervent reminder of the realities of criminal injustice across racial lines, even if The New York Times didn't.

Comments

[lawgrace]

The salient thing the unfortunate turn of events of the "JENA 6" controversy here in Louisiana reveals, is that long ago an open discussion and / or probe of the issues could have remedied or likely prevented things from becoming out of hand. A probe into the entire FEDERAL and STATE Judicial System is long overdue.

Furthermore, it is astonishing and, likely the average layperson could have told the Jena prosecutor that minors are not to be charged under the same laws as adults.

Headquartered in corrupt New Orleans are the State supreme court of Louisiana and its Louisiana Fourth Circuit; as well as the Federal Eastern District Court and the Federal Appeals Court which has jurisdiction over the rival POVERTY state of Mississippi as well.

Prior to Katrina, I had lived in New Orleans, Louisiana all my life. I would prefer my personal embarrassing life to not be on the Internet; but to fully expose the judicial systems' horrific conduct, and to avert others from being harmed, I had no choice.

*Sample articles with Facts and Evidence on my site are:

"ILLEGAL REAL ESTATE FLIPPING, UNFAIR ENRICHMENT, etc.
http://www.lawgrace.org/2007/06/21/illegal-real-estate-flipping-unfair-enrichment-etc/

"New Orleans Federal Agents: Who Will Be Their Next 'Going Jacques Morial' Victim?
http://www.lawgrace.org/2007/09/20/new-orleans-federal-agents-who-will-be-their-next-%e2%80%9cgoing-jacques-morial%e2%80%9d-victim/

"No One Should Be Required To Be A Law Abiding Citizen. . ."
http://www.lawgrace.org/2007/05/22/no-one-should-be-required-to-be-a-law-abiding-citizen-if-the-manifest-illegal-conduct-of-attorney-herschel-c-adcock-jr-remain-ignored/

"KINDERGARTEN and U.S. Senator DAVID VITTER, Give Me A Break!"
http://www.lawgrace.org/2007/07/16/kindergarten-and-united-states-senator-david-vitter-and-give-me-a-break/

"Anatomy of Judicial Corruption,. . ."
http://www.lawgrace.org/2007/09/04/motion-for-reinstatement-of-07-30426-appeal-case-explanation-of-request-for-extension-of-time-to-file-brief-and-for-reconsideration-of-5th-circuit-orders-dated-august-31-2007/

[Misanthrope2]

In the California Penal Code, I could only find one section on aggravated battery. Here it is:

"243.9. (a) Every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.
(b) For purposes of this section, "gassing" means intentionally placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact with the person's skin or membranes.­"

[marquis]

realitytrumpsbull (See profile | I'm a fan of realitytrumpsbull)

Hmmmm....l­et's see Irish American, German American, Italian American, Scots-Irish American, Polish American, Swedish Americans.
Gimme a break, these terms were here long before African Americans, who are the real Americans next to Native Americans.

[marquis]

I get it now, white Americans are so scared as to how they look to the rest of world, from all the comments posted here, it's so clear to me of the fear confusion as to what it is to be white. The sad thing is that white Americans have bought into the wonderful lie that they are the chosen ones, beyond reproach, smart, upstanding, respectable, yet when they are caught and yes the white authorities in Jena were caught. pulling some good nasty olde Jim Crow stuff, white folks are angry, becasue the "Sheet" has pulled off. Such pressure to have an investment in being perfect model citizens. White Americans not unlike, the French and White Brits for years have created a false elitism of standards, demanding that Blacks and other People of color meet, and white people hate it when they are once again exposed, white folks can never admit when they are wrong. My message to white folks, get that chip off your shoulder and wHite rage is your Achilles heal.

[MaxD]

Weird post Maquis.
As if there is some huge white cabal where whites all get together and share our collective outrage.
I think the confusion arises among whites when large segments of the black community get behind people like the Jena 6 and try to rationalize away the bad behaviors of african-americans when they do things that are clearly wrong. There is some outrage at the clear double standard operating.

You are jumping to conclusions here about what exactly is going on in Jena. You are already presuming Jim Crowe. One thing about many of the other cases is the lack of corroborative witnesses, and thus the solidity of these other cases seem to be in doubt. If this changes, that is more information comes out, I am all for prosecuting anyone.

As a white guy, I have to admit, I have rarely run into any other whites who laboured under the delusion that they were chosen, or that the group was beyond reproach.

I'm not wrong,because I'm not in Jena, nor do I support any un-equitable treatment of any group. That holds in reverse too. When a person is found guilty, I don't want to excuse them for their actions because their race makes them un-responsible for their actions.
I don't have white rage, or a chip on my shoulder. I say do justice and let the skies fall.
I do hate the fact that racism is still present in the world, but that isn't a reflection of me, my family, or white folk, or black folk for that matter, as a whole. Their is plenty of racism for all.

[AnnaCaroline]

I think what we're really ignoring here is the issue of "equal in the eyes of the law." Frankly, I don't care what color anyones skin is, throw the lot of 'em in jail.

This world is riddled with ignorant, violent juveniles who show complete disregard for anything and anyone. I have about as much use for a white teenager who beats up a black one as I do for a black teenager who beats up a white one. And that would be none.

And I have about as much use for them as I do for school administrators who lose sight of the whole "educating" part of their job as educators. Running a school is not about catering to the whims of the children, for f*ck's sake. They can all be locked up too.

And while we're at it, let's toss in everyone who's suggesting that these kids be released because their white counterparts haven't been jailed. How about just suggesting the white counterparts be locked up too? Hmm? Anyone thought of that one?

Are the charges excessive? Of course. Is this whole thing racially motivated? Of course. But I really wish people would stop living in a dream world where it's acceptible to constantly excuse away bad behavior.

[BarryChamplain]

You know what's great?

20 years ago, a good 20-odd years after the height of the civil rights movement, we wouldn't have heard from any apologists for the backwater racist trash of Jena, LA.

But since the Reagan "Revolution", we have been deluged with a litany of "welfare queens" in limousines; Rush Limbaugh impersonating Jesse Jackson as Stepin Fetchit, and a general pushback to civil rights... all couched in terms like, "That's who gets arrested, because THAT'S WHO DOES THE CRIME!" (Limbaugh); and, "Who appointed HIM a Black 'leader'?" (Limbaugh and every troll on a blog).

Not to mention all the overt "proud to be White" movements, that are not necessarily affiliated with the KKK. We have made it safe to be overtly racist again.

Dunno about you, but I haven't got many more generations to go, in me, before we can change hearts and minds, again. The right has toxicified America, I think, fatally.

[realitytrumpsbull]

I think you hit the nail on the head when you said 'african-american'. Once upon a time, 'back in the day', there was a Big Effort
to integrate schools and communities. As is
more or less evident, that effort has not entirely succeeded, and, to my view, part of
that is because we have so many hyphenated­-americans and not enough just plain ol' 'americans'. You've got people out there,
white, black, asian, latino, etc., that
are led to believe that they're entitled to this and that based on their ethnic background,
and government types more than willing to
reinforce that false expectation, when all the Constitution really promises ANYone in this country is the PURSUIT of happiness, not a perpetual string of freebies, nor preferential treatment courtesy of guilt-ridden liberals.
Yet, theory and practice don't line up,
a-gain, and you see that there are people that
still cling firmly to the Old Ways. Call it
xenophobia, call it racism, call it a kindergarten mentality, it still all swirls
around out there, and every so often there's
violence. Who started it really doesn't matter,
it's who's going to put a stop to it that'll
be a true demonstration of personal and community character, maturity, and wisdom.
Hopefully, since it seems like it was teenagers
that started all this, the next PTA meeting at
their school will put things to the right, and
help people there resolve their differences.

If you remember Ken Hamblin, he had some choice
words about similar issues, you can look up
some of his work on the internet, here's a
link to the Wikipedia site about him:

http://en.wikipedia.org/wiki/Ken_Hamblin

Doubtless, Ken would have some comments
for all involved, but I guess he's not on the
air these days...

[Waitaminute]

"PTA meeting will resolve their diffferences" You sound like a person with absolutely no life experience.

Actually its people with your attitude and thinly veiled stereotyping, that is the reason people use race hyphenations. Especially after you revealed your true feelings, when you wrote "perpetual string of freebies, perferential treatment, courtesy of guilt ridden liberals". "Ever so often, there is violence" Now thats a good one.

Your writing skills are very good. But, you are very narrow.

"There will be a true demostration of personal and community character maturity and wisdom". But in the mean time, we have to save these teenagers from prison. You wait for all this pie in the sky stuff, we guilt ridden liberals, have do do what we have do, RIGHT NOW!

[Lance734]

Just a few more points on the racism going on here:

[Weapons Used]: Under LA law, for aggravated battery, a weapon must have been used. No weapon was used in beating the white student so the District Attorney creatively argued that the sneakers on the boy's feet were weapons when he kicked. (So does that mean punching some1 while wearing gloves, involves a weapon too? Ridiculous!) The ALL-WHITE jury bought this argument and convicted Michael Bell of aggravated battery, even though of the 20 witnesses called, only 1 testified to seeing the victim kicked (the other 19 said he was only punched). But when the black kid was struck by an actual weapon (glass bottle broken over his head) his white assailant was charged with simple assault and given probation. How is that fair?

[Nooses/White Tree]: The racist white kids who hung nooses (painted in school colors, no less) got a slap on the wrist. It's already a travesty that the black kids who sat under the tree felt that they 1st had to ask permission from school officials (they must have accepted the racist power structure or else they would’ve just gone where they pleased). The administration officials were so outraged at the act of racial intimidation, that they expelled the 3 white students they found responsible. But the school board overturned the expulsion and gave them 3 days of in-school supension, saying that it was just a school prank. Please, this is the Deep South (in a town where a local barber still refuses service to black customers) -- there's no way any reasonable person could see hanging nooses as a mere prank. Those white kids knew what they were doing and the effect they wanted those nooses to have on the minds of the black students).

How can all of you not see the gross inequities in how the local authorities (school board and D.A.'s Office) have handled these incidents? Whites who attack or otherwise harm Blacks are treated much more leniently than Blacks who commit similar behavior. That's why people are protesting!

[Misanthrope2]

Whenever somebody tells me what the law is, I always wonder how long they have been practicing law.

And I don't buy your facts. It would be better if you had your source or a link to support your version.

That said, I don't think your conclusions are supported by the evidence.

[Lance734]

The only part of the law I espoused was one sentence about needing a weapon for aggravated battery in LA. I have read that in many articles in connection with the case, feel free to verify on your own if you think I may have misstated the law. I do know for a fact that in the state of FL you need a weapon or serious injury to upgrade from simple battery to aggravated battery (I am a lawyer by the way). It is undisputed that the DA argued that the sneakers on the boy's feet were the weapons. But you can look that up as well.

And I'd love to respond to your claim that my conclusions aren't supported by the evidence but you haven't been specific enough to allow me to do so. In the post you responded to I only explicitly stated 2 conclusions (although I assume you're referring to more than that): that

"Whites who attack or otherwise harm Blacks are treated much more leniently than Blacks who commit similar behavior."

and

"there's no way any reasonable person could see hanging nooses as a mere prank. Those white kids knew what they were doing and the effect they wanted those nooses to have on the minds of the black students).­"

Assuming that's what you're referring to, then please tell me why those conclusions aren't supported by the evidence and then I can respond. Thanks.

[Lance734]

"And I don't buy your facts. It would be better if you had your source or a link to support your version."

Not that I require your "purchase" of my version of the facts, but I went to the Chicago Tribune's website (one of the first newspapers to break the Jena 6 story earlier this year and to consistently cover it) and I read all eleven (11) articles on the topic. My summary of the facts is pretty much dead on except for the [Weapons Used] point where I said:
"even though of the 20 witnesses called, only 1 testified to seeing the victim kicked (the other 19 said he was only punched)."

I couldn't find the exact numbers of witnesses in the Tribune's articles, but they did report on the conflicting testimony at trial over how the victim was hit and the exact level of involvement by the defendant, Mychal Bell.

And many sources have reported that the black kid beaten at the white party was attacked by more than one white perpetrator, although the Tribune only mentions the one person who was given only probation for the crime.

[Lance734]

Posted a version of this earlier, not sure why it didn't show up. I went to the Chicago Tribune's website and read all eleven (11) articles on the Jena 6. My summarization of the facts were pretty much dead on except that I couldn't find verification for the following:

"even though of the 20 witnesses called, only 1 testified to seeing the victim kicked (the other 19 said he was only punched)."

I've read up a LOT on this topic (from several different sources) and I know I saw that point made before. Either way, the Tribune DID point out that there was a lot of contradictory testimony by the prosecution's witnesses including as to what level of involvement the defendant had and how the victim was attacked and by whom. Anyone can go to www.chicagotribune.com/jena6 and read the articles.

I've never argued that the Jena 6 should automatically get off scott free (assuming it's proven that all 6 of them beat up Justin Barker b/c as I've previously said, there are conflicting reports as to whether all 6 of them really had anything to do with that). But I agree with most protesters that the charges against them were too severe, especially in light of how leniently the local authorities treated whites who attacked blacks and used violence or threat of violence to intimidate blacks in the county (in the incidents related to this controversy). I don't think there's anything unfair about that position.

[Lance734]

Just a few points for those who don’t get the racism going on here.

[Schoolyard Fight]: Actually it WAS a schoolyard fight - it was an altercation on school grounds btwn students who attended the school. No weapon was used, and it’s never been made clear that it was 6 black students vs. 1 white student. Numerous reports claimed that it was just 1 or 2 black students, but that when the fight was broken up kids were rounded up who were watching the altercation. (U don't remember as kids in school when some1 yelled "Fight!" everybody ran to the scene and josteled w/each other to get a good view and every1 was yelling & egging on the "show"?) Sounds like that's what happened here.

[Black Student Similarly Beaten]: The black student who was beaten after being kicked out of the all-white party, was also jumped upon by MULTIPLE white assailants, including one who smashed a glass bottle over his head. That could have easily killed him if he was struck in the right spot, but no one was charged w/attempted murder. Only the perpetrator who used the bottle was prosecuted (the others weren’t charged) and he only got probation!. Yet the black kids who fought at school faced attempted murder and aggravated assault charges! In what universe is that fair? How is getting beaten by multiple assailants, at least one of whom used a glass bottle as a weapon, NOT aggravated battery, when the black students faced that higher charge?

[Shotgun Incident]: At a local gas station the same black kid who was beaten at the party was taunted over it by a white student. After words were exchanged, the white student ran to his vehicle and retrieved his shotgun, which was subsequently wrestled away from him by the black student and 1 or 2 of his friends. But the black students were charged with theft of the gun & the white student wasn’t charged at all! Anywhere else you'd be the victim if someone pulled a gun on you and threatened your safety. Again, how’s that fair?

[shaggles]

Good points. What I had initially heard was that it was 2 black students vs 1 white student.

[MaxD]

I am not sure that is the case. More than one against one isn't a fight, it is a beatdown. Several eye-witnesses report the same thing, several teens beating down another. He was stomped, and kicked, and did nothing to warrant being attacked. That much is not disputed, and the larger number 6 on 1 doesn't seem to be in dispute either.

[brodon]

Any chance you would care of comment on the Christian-Newsom Slaughter or the Witchita Massacre?

[Wombat]

get with the the program ms Beach. Just what does racisim in Jenna LA have to do with the MoveOn.org antiwar advertisement in the Times. The wingers have ginned up a really nice distraction and you still insist on focusing on the real news . How dare you... HOW DARE YOU. (note to guilty feeling libs; this is sarcasim )

[luziannagirl]

The whole noose incident has been characterized as a failure to communicate. I might buy that.

Consider what the nooses communicate:

For blacks, nooses symbolize lynchings. I will assume most are familiar with the term, but for those with only a vague idea, lynching is kidnapping and murder by a mob. Often it included torture and mutilation. Thousands of lynchings went on across the US up until a few decades ago, but they were particularly common in the South. Usually the authorities turned a blind eye, or even participated in the murders.
Lynchings were used among other things, as terrorist tactics to keep blacks, and sometimes poor whites, in their places.

Of course, lynchings were horrible tragedies to individuals and families, but arguably even worse, they were a most extreme example of an attack on the the rule of law. Lynchings contradict the idea of fair, impartial, and blind justice. That they were allowed to go on for so long and happened so often contributed to a lack of faith and confidence in the justice system, not only among blacks, but among all segments of society.

So, the message sent by those nooses hanging on public property in broad daylight is not just to blacks, it's to anyone not playing the proper roles in the intimidation game. It's: "we can kill you anytime, anywhere, and nobody will do a thing to us, so you better know your place, and stay in it".

Whether the perpetrators knew it or not, those nooses were a most sinister threat of the worst, most depraved kind of violence. I would think any authority in control at the time would have understood that, and acted accordingly.

[MysticInd]

I'm glad you had time to write the post. It is sad but true. I wish the non-enlightened ommenters had gone to work.

When I watched the news of the March ... again I was disgusted. Not one townmen/women extended themselves to these people who cared enough to come and protest what is right under their noses. Even being right in their faces, these "Dead Certain" Jena individuals are a disgrace to the human race.

[neejerk]

i am not sure what i was going to say really fits this situation, but i'll say it anyway...

first, it is apparently a race issue [i was going to minimize that.]

second, the assault may have been more serious than i thought [i had thought it was more of a fight], but

[the point i was going to make] is that there is a lot of prosecutorial over charging going on in this country, and a lot of people who think that's just fine... everybody who is not docile and obedient to the authorities needs to be in jail for a long long time [that's what they think, not what i think.]

i would like it if the blacks who feel agrieved by this situation.­.. as they ought to... could find a way to join with whites to get some humanity back into our legal system and our country.

even the whites who see this, as they might, as a serious crime, ought to be able to see the racist origins of it, and give some thought to solving that problem.

[cowboyjerkface]

It is so typical that all those who come to the defense of this white student have failed to answer the charge as to why he was allowed to bring a shotgun to school, threaten a student with that shot gun and yet when the black student took the gun from him, it was the black student who was charged with a crime. And when a white student hit a black student in the head with a beer bottle, that white student was not charged with attempted murder. No matter how you try to frame your issue, the whites got off easy and the authorities went heavy on the black kids. That is a fact and I cant wait for the day when the whites become the minority even though I will be one of them. Whites have a serious beating coming to them for all they have done and as Jena points out, are still doing.

[Rumplestiltskin]

You have some facts wrong.

[Misanthrope2]

He has most of the facts wrong.

[MaxD]

He didn't bring a shotgun to school.