Court overturns conviction in Jena beating case

[RamboLiberal]

Source: MSNBC/AP

A state appeals court on Friday threw out the only remaining conviction against one of the black teenagers accused in the beating of a white schoolmate in the racially tense Louisiana town of Jena.

Mychal Bell, 17, should not have been tried as an adult, the state 3rd Circuit Court of Appeal said in tossing his conviction on aggravated battery, for which he was to have been sentenced Thursday. His conspiracy conviction in the December beating of student Justin Barker was already thrown out by another court.

Bell, who was 16 at the time of the beating, and four others were originally charged with attempted second-degree murder. Those charges brought widespread criticism that blacks were being treated more harshly than whites following racial altercations involving Jena High.

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Teenagers can be tried as adults in Louisiana for some violent crimes, including attempted murder, but aggravated battery is not one of those crimes, the court said.

Read more: http://www.msnbc.msn.com/id/20779755/

---

Yay!

[Ex Lion Tamer]

1. Double yay!

Maybe a happy ending is still possible!

This whole fiasco has had me so pissed off!

[knowbody0]

2. im so glad the public became aware of this case

shame on those idiots who tried to ruin their lives

[theoldman]

3. So is he going to get off without any conviction?

After all, he did commit a crime.

[John Q. Citizen]

4. So did Chaney and bush. Whose crime was worse? Who is getting away with it?

"They say that partriotism is the last refuge
to which a scoundral clings.

Steal a little bit of money they put you in jail,
Steal a lot and they make you king.

There's only one step down from this place,
It's called the land of permanent bliss.

What's a sweet heart like you
doing in a dump like this?

-B. Dylan

[Baby Snooks]

7. What about the crime committed against him?

What about the crime committed against him by the district attorney?

[NOLALady]

13. Hopefully he will be charged the same as the students who

beat the Bailey boy.

[David__77]

17. He hasn't been found to commit a crime yet.

The conviction is invalid, so he is presumed innocent until proven guilty.

[coalition_unwilling]

44. Thank you. His initial conviction as an adult was by an all-white

jury for Christ's sake. The blacks who live in the Jena area should boycott all white-owned businesses until the District Attorney resigns.

[Limelight]

22. It was a HIGH SCHOOL FIGHT!!!

He never should have been charged with anything to begin with!

He should have been suspended from both school and his extra ciriculars, ie football, as punishment.

The white student that teamed up with his buddies to beat this kid's friend, which is what sparked the retribution in question, wasn't charged with SH*T, so why should he be?

Don't you get it. This is all due to a completely RACIST double standard and, even though he will be released soon, he's still had a year of his life STOLEN FROM HIM.

Hope that puts it in it's proper perspective.

[Honeycombe8]

37. The articles I've read...it was not a high school fight.

The black kids jumped one white kid while the white kid was alone. Hence the charges.

That was supposedly in retaliation for white kids hanging nooses on a tree.

Hanging nooses....a terrible, vile thing that means something esp. evil in our society. But it's not attempted murder or aggravated battery. No one so much as even tried to beat up one of the black kids.

To retaliate by beating up a white kid is simply against the law. If you're going to retaliate, you need to retaliate "in kind." If someone slaps you, the law says you can't "defend" yourself by shooting the person to death. But you CAN push or slap back. And so on and so forth.

Several kids jumping another kid and causing him harm...no matter what the race...is a crime. The kid that was jumped was severely injured....he almost died.

This was no simple high school fight.

[appleannie1]

39. almost died?

The article I read said he was treated, released and went to a school event that very night.

[BronxBoy]

41. Read up on the case

http://www.minglecity.com/forum/showthread.php?t=996

You couldn't be more wrong

[appleannie1]

43. This is what I read

On the Friday night, Robert Bailey, one of the six, was punched and kicked at a party attended by mostly white students. Then, Saturday, a confrontation took place between a group of black students and one of the white students involved in Friday's fight.

Once back at school, Justin Barker, a white student, teased Bailey about getting beaten Friday night and used racial slurs to do so. One student punched Barker in the back of the head and others kicked him while he was down, leaving him unconscious. An ambulance arrived to pick Barker up, but he was never officially hospitalized and, later that night, went to a school function.

Six black students were arrested over the Dec. 4 school fight

[BronxBoy]

46. Go here for another perspective

http://www.minglecity.com/forum/showthread.php?t=996

[LeftHander]

67. Repuke Prosecutor needs censure....nt

[HiFructosePronSyrup]

23. It was self defense.

I say they should get medals.

[Honeycombe8]

38. No, it wasn't. Several black kids jumped a white kid who was alone...

severely injuring him. No one was trying to beat up any of the black kids, let alone the kid they beat up.

Beating up people is a crime.

The ones who did the hitting were charged with a crime. The white kid (who ended up in a hospital with severe injuries) wasn't charged with a crime because (helloooooo)...he didn't hit anyone.

Capishe? That's called "the law." And it is racially blind these days. These kids shouldn't get away with this crime because of their race, no matter what their race is.

[BronxBoy]

42. That wasn't the case...

There was even an adult eyewitness who said the victim was knocked out by a single punch and that at least 5 of the 6 kids did nothing at all.

It's bad enough that these kids were targeted by a racist DA: Don't compund the problem by repeating information that is suspect.

[coalition_unwilling]

48. You don't think the FACT that Bell was convicted by an ALL-WHITE JURY

might have something to do with the case's outcome? Or is justice "racially blind" (your words) when an all-white jury convicts a black person in a town whose population is at least 15% black? Give me a fucking break!

[Usrename]

58. The persecution of these kids is blatant, in your face, racism.

Pure and simple.

EVERYONE can see it, and EVERYONE can admit that simple fact.

Even the racist bigots that commit these awful miscarriges of justice don't apologize or try to make any excuses for their unadulterated bigotry.

They claim, instead, that it is their right to be racist assholes.

[Warren DeMontague]

28. And so did the kids who "stole" the sawed off shotgun from the guy who pulled it on them.

Gimme a break. Anyone who has been paying the slightest bit of attention knows this whole thing is a fucking travesty.

:eyes:

[BronxBoy]

31. Says Who?

educate yourself about what is NOT being said about this case

http://www.minglecity.com/forum/showthread.php?t=996

[Anita Garcia]

35. I am very familiar with this case and "mingle city" does not

change my point of view.

Hanging nooses is a violation of hate crime legislation.

Threatening children with taking their lives away with a stroke of the pen by the DA is a violation of civil rights. The DA was acting with the power of the state of Louisiana standing behind him.

Brandishing a shot gun in a public place and using that shot gun to change the behavior of another individual is a criminal act. This adult was not charged.

The DA, the school administration, and the school board should be investigated by the DOJ...AGAIN!

[BronxBoy]

40. Umm

I was replying to the poster who said they should be convicted of something, not you

[Snarkturian Clone]

32. I was thinking this too.

I'm not saying the kids should get huge jail sentences... but a crime was committed. You can't just yell racism and go scott-free. If they have a trial (as juveniles) and determine what exactly happened, it would serve justice more equally. Otherwise, people are going to say and think just what I said above and make a shitty situation worse.

[BronxBoy]

45. Bullshit

I wish you people would read more about the case before you spout off.

Please read this link before being snarky.

http://www.minglecity.com/forum/showthread.php?t=996

If even half the stuff being alleged is true and I've followed the case closely enough to believe that a lot of it is then that DA needs to be strung up by his balls

And you do realize that several white kids committed similar offenses in this situation and were charged with NOTHING

[Snarkturian Clone]

59. charge the white kids too NT

[coalition_unwilling]

49. Here's a suggestion: try to avoid an ALL-WHITE jury (although I'm

not sure the juvenile justice system even provides for jury trials).

[BronxBoy]

51. I have a strong feeling

this guy isn't going to refile charges.

The kids have a decent legal team and will get adequate representation.

There are many many eyes on him right now.

And his case was shit at best

Like any bully who is confronted with someone who can fight back, I'll think he'll turn tail and run

[coalition_unwilling]

53. The thing is that while the black attack on the white might be morally wrong,

it can only be considered a "crime" if it is charged and adjudicated in a setting where justice (racial and class) prevails. Just the fact of the all-white jury is enough to taint the verdict, independent of any other factual matter. My God, it brings up memories of the South of the 20's and 30's. I know Jesse Jackson and Al Sharpton had taken up the case and it was being publicized on Jackson's "Keep Hope Alive" radio show, as well as Amy Goodman's "Democracy Now" radio show (which is where I first heard of it, although Jackson's show kept me abreast of recent developments.

I hope you are right about the DA not re-filing charges.

[BronxBoy]

55. But

it still remains to be seen whether a crime has been committed and who committed it.

Apparently a statement was taken from a coach who was present at the incident and he said there was no "gang" attack: The victim was knocked out with a single blow from behind from a person who was not Mychal Bell. Of course neither the DA or the toady defense lawyer called him as a witness but if that is true, then there is only one party against charges, if warranted, should have been brought

[coalition_unwilling]

56. I agree with you. The point I was making is that the judicial system in Jean

has manifestly demonstrated it is incapable of determining whether a crime was committed and, if so, who comitted it. Unless the whites of Jena are secretly adherents of Mao's maxim that "power grows out of the barrel of a gun," they should be able to see that their entire justice junta has revealed itself as so fundamentally corrupt and unjust as to be laughable.

[BronxBoy]

57. Understood

And I agree

[spotbird]

65. Exactly, all was well an good

when the students couldn't fight back. Now that the playing field is leveled, the cowards will act as cowards do.

[spotbird]

64. If the law had been

enforced equally, you'd have a point. It was not. Since the white criminals got a pass, prosecuting the black kids is nothing more than racism.

In Little Rock 50 years ago the students who integrated Central High were selected because those particular students seemed least likely to fight back to the racist taunts of their white classmates. One of the nine did respond in kind to the endless harassment and was promptly expelled.

There isn't much different today. You expect the black students to have a higher threshold for abuse than the whites. That expectation is still ridiculous.

[nofurylike]

5. yes! thank you for posting this excellent news, RamboLiberal! nt

[Bluerthanblue]

6. YES!!!- it's so good to hear this positive

news-


thanks for posting it:hi:

[Pastiche423]

8. GREAT NEWS!

The charges for all six were insane!

[ClayZ]

9. Yay again! K and R

[NanceGreggs]

10. Thanks for being the bearer ...

... of such great tidings!

[Breeze54]

11. Great news! (see e-mail below from Color Of Change. org)

From: James & Van, ColorOfChange.org <[e-mail]>
Date: Friday, September 14, 2007 10:02 AM
Subject: Jena 6 National Day of Action - will you join us?

Dear Breeze,

September 20th marks a pivotal point in the Jena 6 case. Thousands of people from across the
country will descend on Jena in a major show of support for Mychal Bell and the other five young men.

But you don't have to go to Jena to make a difference--you can make a major impact on the 20th by taking action in your own community.

We're organizing a National Day of Action on the 20th to raise awareness about the Jena 6 situation,
increase pressure on Governor Blanco, and make it clear that folks all over the country will not let
this injustice stand. Whether you have a few minutes to call Louisiana officials, a half-hour to
pass out flyers in your neighborhood, or an hour or so to host or attend a rally or vigil, you can
play a key role. Our tools and materials make it easy.

Click here to learn more or to sign up now:

http://www.colorofchange.org/jena/action.html

Almost 200,000 of us have taken action online in support of the Jena 6. Imagine if even 50,000 of us take time on Thursday to go further. Our power is in our numbers. Together we can force the hand of Louisiana's governor and ultimately achieve justice for the Jena 6. Thank you for what you've done so far and for whatever you're able to do on the 20th.

Thank You and Peace,

-- James, Van, Gabriel, Clarissa, Mervyn, and the rest of the ColorOfChange.org team
September 14th, 2007

:kick: & Recommended

[Tarheel_Dem]

12. I hope the DA in this case gets the same scrutiny that Nifong has

gotten here in North Carolina. The DA in this case actually threatened the black students by telling them that he could literally ruin their lives with the stroke of a pen. I bet the DA still tries to pursue this case.

[coalition_unwilling]

50. Any self-respecting black person in the Jena area should boycott

allo white-owned businesses until this D.A. resigns. End of Story

[BronxBoy]

54. It wll be tough..

They are woefully outnumbered.

An incident occurred during this whole thing that a lot of Black people are talking about.

During his incarceration, Mychal Bell recieved a visit from a local minister.

Was he there to give Mychal spiritual guidance?

No

He was there to chastise Mychal Bell for "stirring up trouble"

Probably the same mentality that led his BLACK defense attorney to not mount and defense and tell Mychal's parents to "Get the F out of my face when they called hin on it.

Sometimes, we are still just a minority

[BrightKnight]

60. He should be disbarred. - n/t

[Judi Lynn]

14. This is really better news than it appeared we'd be hearing.

Will never forget the shock felt when I heard what the D.A. had done in this town. Pure evil, and smugly pullled off without a moment's hesitation, no moral uncertainty whatsoever.

That man should be removed from office as soon as possible. I hope there are enough people in the community, regardless of party, race, who will acknowledge how vile this is, and get him out of there next election, if they have to wait that long.

Best wishes to Mychal Bell and his friends who have been through hell together.

[emlev]

15. Fantastic news! Thank you for posting! eom

[rateyes]

16. Good....

and Nifong that DA.

[AnnieBW]

18. WOOHOO!!!

Kick for the Jena 6! :woohoo:

:kick:

[pingzing58]

19. That God someone has a sense of porportional justice in Louisiana Blanco unfortunately is powerless.

[KamaAina]

20. Louisiana's motto is: Union, *Justice*, Confidence.

All too often, especially in LaSalle Parish (Jena) of late, it's pretty much just been Union and Confidence.

Justice is back!!! :bounce:

[cali]

21. What great news!

I am so glad to hear it.

[emilyg]

24. So am I.

[proud patriot]

25. good

:)

[hayu_lol]

26. It is really good to see...

some GOOD news for a change. Ya suppose anyone down there learned anything?

[Anita Garcia]

34. I have not learned anything and I doubt any one else has either

What I feel is that it is the same old, same old.

Racism in Louisiana has not been stopped nor punished.

Just today, the New Orleans Times Picayune published a story "white" washing the incidents and basically told the readers that "outsiders" were responsible for the unrest, not any of the residents of good old Jena, Louisiana.

Thank goodness for alternative media and blogs.

Racism is everywhere in Louisiana.
And I suspect in other states, as well.

Dismissing the charges is an attempt by the powers that be to sweep the racism back into the closet where they think it belongs, sight unseen, but still there.

I am relieved that the charges were dismissed, but I am also angry that the powers that be have acted in a way that will probably fool the citizens of Louisiana in to yet again believing that there is nothing wrong with hanging nooses and threatening black children to "behave" and "suck it up".

[BronxBoy]

52. No Shit

WOW. I mean just wow

They didn't trot out the old "Outside Agitators" line did they????

Man. Shades of Jim Crow through and through.

Can you find a link to that article? I'd love to read it

[Anita Garcia]

61. Here is the link to the Times Picayune article

<http://www.nola.com/news/t-p/frontpage/index.ssf?/base/news-9/1189839542326110.xml&coll=1>

FYI -
Sen. Mary Landrieu (D-LA) has now post-dismissal also sent out an email:
Subject: Landrieu Calls for Reconciliation Following Jena 6
Dismissal

For Immediate Release
September 14, 2007

Sen. Landrieu Calls for Reconciliation Following Dismissal of Jena 6
Conviction
Requests Justice Dept. Review of Cases

WASHINGTON - U.S. Senator Mary L. Landrieu, D-La., today
called for reconciliation and clarity in the case of six African-American
high school students accused of assaulting a white classmate following
months of racially motivated incidents at their Jena, Louisiana, high
school. The June conviction of one of the students, 17-year-old Mychal
Bell, on a reduced charge of aggravated assault was earlier this afternoon
overturned by the Louisiana Court of Appeals.
"There remains unsettled allegations of unfair treatment of
those indicted," Sen. Landrieu wrote in a letter today to the U.S.
Department of Justice. "These allegations have divided the community and
caused concern throughout Louisiana and the country.
"I believe that the charges and counter-charges have left
everyone unsure and uneasy. In order to attain real reconciliation in Jena,
we need to bring clarity to the facts of these allegations and to the
handling of all events leading up to the assault. I believe it is
appropriate for the Department of Justice to conduct a thorough review of
these cases and establish a comprehensive public record of the facts. It is
vital for the people of Jena, my state and our nation to have full
confidence that justice has been served in this matter."

[BronxBoy]

62. Thanks

Boy they really gloss over and minimize the actions of the white participants, don't they?

[uppityperson]

27. k&r

[AspenRose]

29. This is wonderful

I am appreciative for any good news these days.

[girl_interrupted]

30. Awesome News!

So happy to hear this!

[Anita Garcia]

33. Not really about Bell it is really fear of the protest!

This is good news and I am very happy and relieved for the Bell family.

However, this ruling is not really about Bell, it is about fear of the protest!

It was predicted that forty thousand people were going to show up on Thursday in Jena.

The school board announced that the 14 schools on the South side of Jena would be closed on Thursday, not any of the schools on the North side.

It was rumored that all the commercial venues in Jena would be closed on Thursday and some groups were telling marchers to not purchase anything inside the Jena city limits.

This is all about Louisiana politics - not justice!

Justice dictates that action be taken against the DA that over charged these young men and threatened the black students in the gym!

Justice dictates that the DOJ investigate whether the school board and school administration violated the civil rights of the students of the high school when they acted with the authority of the state behind them and condoned a hate crime - the hanging of nooses.

Justice dictates that the police department in Jena be investigated for doing nothing when a white man was not arrested for threatening black children with a shot gun.

[BronxBoy]

47. Exactly

What you said

[DinahMoeHum]

36. A-men (and women) !!

n/t

[JustAnotherGen]

63. Yahoo!

I was watching yesterday . . . I'm thrilled that they are getting the same treatment white kids in Jena would have received . . . i.e. the opportunity to not be tried as adults.

[mvd]

66. That is good news

It sounds like it was a two-way-confrontation, and only the black person got punished.