The Jena 6: Update on Mychal Bell
August 19, 2007 by Laura | Trackback URI
The latest on the Jena 6/Mychal Bell situation courtesy of Matt Olson – Mychal Bell’s Upcoming Court Hearings. Here’s a couple of snippets – go read it all.
Mychal Bell’s Upcoming Court Hearings
The latest out of Jena, Louisiana is that Mychal Bell, who was convicted of second-degree battery on thin and contradictory evidence but has new legal counsel, will have a bond reduction hearing on August 24.
…A motion hearing will be held at LaSalle Parish Courthouse on September 4 to determine whether Bell’s case should have been under the jurisdiction of the juvenile courts when his charges were reduced from second-degree attempted murder to second-degree battery just before his trial. This would effectively void his conviction in adult court.
This is very encouraging – if he is treated as a juvenile, as he should have been all along, then he’ll be set free immediately. He’s been in jail since September for a high school fight. There is no possible way he wouldn’t be released immediately – the punishment he might have been given in a juvenile court, he’s far exceeded. This will also set a precedent for the remaining trials; the four remaining Jena 6 students are still being charged with second degree attempted murder, but the likelihood of them going to trial with that charge is slim. Justice for Bell means a better chance for justice for the remaining four. Well, I use the word “justice” loosely here. Justice would have meant school discipline or at most, being dealt with in the juvenile system from the beginning. Kicking Bell back to the juvenile system now is almost certainly not going to get his scholarships back, nor the semester of school he’s lost. It’s too late for real justice.
I’ve never contended that there should have been no consequences for the Six – just that the consequences should have been appropriate to the fact that it was a high school fight that was sorely provoked. Anything resembling justice at this point would also include the LaSalle D.A.’s office being investigated to compare charges against whites to charges against blacks for similar offenses. It’s clear from DOJ attorney Donald Washington’s disingenuous statements that it’s not going to happen. Placing Bell under the jurisdiction of the juvenile justice system would be a step in the right direction, but it’s by no means the end of this. Please keep the situation in your prayers.
I would...
Like an aging monument, democracy itself is crumbling.
I came upon this blog when googling for blog discussions about the Jena 6, which I just learned about tonight. (Here in Vermont, the news unfortunately doesn’t cover racism in the south, probably because Vermont has enough racism of its own–our state is 98% white–literally–and racism is alive and well in a state that purports to be liberal and open-minded.)
Anyway my comment to those who say “these boys deserve a strong sentence” is to tell a story that happened to me, to illustrate that white men are much less likely to get prosecuted than black men, and that the sentences/charges of the Jena 6 are NOT typical for an assault situation:
I am a white man. I happen to have multiple physical disabilities, which render me unable to live alone–I have a live-in caregiver. I was hit over 20 times in a year by my live-in caregiver (who is also a white man). I could not kick him out because the state would not pay for anyone to live with me; he was a friend and that’s why he provided care for free. Most of the times he hit me were mild, not causing any injuries, so I didn’t say anything. I have no income and no family; he supported me financially and emotionally and I would have become homeless and friendless if I kicked him out, so I didn’t.
In February, he assaulted me with a blow to the head, causing a concussion and a bloody, bruised nose. He was arrested. He spent the night in jail, his family paid bail, and he was released the next day. At his arraignment, he was released on the conditions that he not abuse me in the future, and was put on 3-6 months probation, and was mandated to attend counseling. That’s it. He kept living with me. I was afraid but I needed his financial support.
Things were free of physical abuse (mostly) until July. That night, he assaulted me much more severely even than the February incident. First I was pushed into the corner of a wall, which caused a bruise and bump on the back of my head. Then, before I could regain my balance, I was assaulted on the side of my head (above the ear) with a very hard blow from the heel of his hand. I was knocked unconscious. I came to, he went to bed, I was too scared to call the cops. There is about 12 hours of time where I was awake, but cannot remember what I was doing. I had him arrested two days later, and removed from the home, and got a restraining order. The judge thought my case was so serious that he said at the restraining order hearing, “Tell me what you want from this order and I will give it to you.” Again, he spent only the night in jail, and was released.
This crime could have easily killed me. I was seen at the ER twice for a concussion, was on heavy-duty pain meds for 10 days, had to miss class during that time, and still have memory problems and other cognitive difficulties from the concussion–and it is now about 7 weeks after the incident.
So what would you think the sentence for this would be? From what I’ve read of the injuries that happened to the white teenager in Jena, his injuries were not nearly as severe as mine, and it was only one incident, not 20+. Wouldn’t you think this incident would be at least considered domestic assault? (We were merely roommates, not dating, both heterosexual for the record (not that that matters really but I figure someone will ask), but domestic assault includes anyone you are living with, friends included).
Nope, just like in February, his charge was simple assault, which is a very mild charge relatively. His sentence? 2 years probation, 20 days of work crew, must undergo a psychological evaluation and follow doctor’s recommendations for treatment (he experiences psychotic symptoms, though he is able to work full-time and function in everyday life), and must not carry firearms. I was at the sentencing, and before I spoke up, the sentence was going to be 3-6 months probation and less days of work crew. I asked for the no firearms provision, and the psych eval, and for jail time; they gave me the first two but increased work crew time instead of giving him jail time. In other words, if I hadn’t asked for a stronger sentence, he would have only received 3-6 months probation and work crew, nothing more.
Wouldn’t you think that the sentence and charge for a crime like what happened to me (particularly considering I have disabilities and cannot defend myself adequately, and he was my caregiver, and this happened over 10 times, and it was the second arrested offense) would be more than simple assault and work crew? It’s hard to say what would have happened if my ex-caregiver had been black, since he isn’t black. My reason for posting this story is to give you an example of the way the criminal justice system works normally. In most cases of assault, the person is released if it is a first offense, and just given probation. In most cases of a second offense, something like what happened to my ex-caregiver happens–probation and work crew, no jail time. I did not protest this sentence, because I know it is typical of a case like this. In fact, what he got was stronger than what most would get, because I asked for more.
Sneakers are not a weapon. I could have been killed very easily by my ex-caregiver’s fist. But he was not charged with attempted murder. He wasn’t even charged with aggravated assault, or domestic assault. He was charged with simple assault, the lowest possible assault charge. This is quite typical of cases, actually, and a simple assault charge might have been a much better charge for the Jena 6.
Also, in many places that are less racist, the fact that the Jena 6 were clearly verbally assaulted and threatened by the white student would be taken into account. The noose would not be considered a “prank,” it would be considered a serious threat. The use of the “N” word would be taken seriously.
For all those who say that the Jena 6 should get what they deserve as far as sentencing, take my story and the typical scenario of what happens with an assault charge into account, and consider if you need to reconsider your opinions. I’m not telling you not to have your opinion, just to take facts into account and read up a bit on what typical assault sentences are and then decide. 22 years in prison is not even close to typical for an assault charge. Assault charges don’t even normally carry jail time, so long as there was no weapon involved. And I maintain that a sneaker is NOT a weapon. A fist can easily kill someone. You can call anything a weapon. I once had a large glass serving bowl thrown at my head. It nearly hit me. It was not considered a weapon, and I was unable to get a restraining order against the assailant. A glass bowl can kill you easily. The sneaker was most likely called a weapon to make the charge stronger because racism obviously exists in this town.
I hope that the Jena 6 are vindicated and released as soon as possible. Let these kids get on with their lives, and I do hope their safety is protected in the future. Nobody should have to go to school and see nooses hanging from trees or be verbally threatened on the basis of race, or anything else for that matter. School should be a safe place to go and learn, so you can go where you want to go in life, acquire important knowledge, and spend time with your peers.
I will be praying for the Jena 6. They most definitely do NOT deserve what has happened to them.
Yes, an nobody deserves to go to school and be assaulted by 6 other individuals. Both parties were at fault. Don’t skew this totally to one side please.
CommonSense,
I don’t think he was trying to make the situation one-sided. The simple assault happened in both situations (to a white student and to a black student) and they should have gotten the same punishment, Which, clearly did not happen.
This is definitly not one sided. The boys were involved in a highschool fight which has happened to all of us. The charge of attempted murder is extremly severe and the boys are obviously targeted since they have considered his sneaker as a weapon. Have you ever heard of such a thing? This is completely obserd. This case was obviously blown out of proportion as well as the fight. The same boy who the Jena Six faught was in a party that same night so the fight was not even severe enough to cause injury. First and foremost, he is a minor and this is his first offense. He should of been in the juvenille system from the beginning. Just like “Nicole” mentioned. The gentleman was involved in a domestic assault and his “friend” received propation. Have you ever heard of anyone under the age of 18 getting in a high school fight and being charged with attempted murder WITHOUT A WEAPON? Something is definitly wrong here. Common Sense, as you named your blog, the charge is extremly extremly non deserving, and I think you know this.
Human Life:
Please go back to your shanti in Alaska.
The tragedies are continuing in the culture of lives in a country called the USA. It’s becoming more and more evident that the ugliness called racism, is un-burying it’s head out of the sand. Why is this happening? Is this the newest “Civil War” coming back to America? Will the sheets of the new Klans come out again? The Jena 6. Black children with aspirations of college, and a better life scapegoated because of the internal hatred and the politics of running for election into the Judgeship. Is this something that is only politically motivated for one man’s gain and 6 other’s hardship? Terrorism has struck again, here in America.. This time, the terrorism hasn’t killed just 3,000; it’s taken the lives of many millions. Justice? or Just US? Sept 20th will be America’s sentencing. Morticians get ready.