2007
The Jena 6: My Last Word
This will be my last substantive post on the Jena 6, and comments will be closed on older posts after this is published. I may note new developments on the case, but I’m not going to spend nearly as much time on it as I have in the past.
I was struck by this comment by From Jena, a person I have often disagreed with but have also come to respect because he’s honest and working hard to do what he believes is right:
The CORE issue of this whole thing is the potential injustice created by the DA charging these boys too harshly. I would LOVE for an investigative team (unbiased) to come in and compare all cases which Reed Walters has prosecuted in the past to see if racism does indeed factor into his judgment. If it DOES, then the black community has every right to be angry, and Reed Walters deserves to be punished in some way. If it DOESN’T, the black community will have little to say about the charges that were applied to these students being too harsh because of their color, in THIS particular instance.
I agree. That is the core issue. Although I disagree that if it can be proved that Reed Walters is not selectively prosecuting black people, it means that these charges are fair. The second degree attempted murder charges were patently ridiculous, and the 2nd degree battery charges are still a bit of a stretch.
In any event, reasonable people can and do disagree whether the Jena 6 have been charged too harshly, and if they have been, what the motivation for that might have been. My original Jena 6 post complained about the attempted second degree murder charges. If Walters had originally charged them with battery - any variation of battery - I honestly believe we would never have heard the phrase “Jena 6.” And in fact, Mychal Bell’s jury did ask for clarification on lesser charges, and were stymied by Reed Walters refusal to give the jury a written copy of the charges. I also didn’t assume, as many have, that an all-white jury automatically meant “racism.” In an 85% white town, it was practically inevitable. I was concerned about reports that literally half of the jury had ties to the prosecution; reports which may or may not have been true.
I was shocked and offended that a) anybody would hang a noose and b) others would excuse it. Anyone from the south who claims to not know the significance of the noose is either lying or a special kind of stupid. I just don’t know how else to put it. The original excuse, that the nooses were a “prank,” is to me, frankly unbelievable. The current story is that nooses are sometimes hung before football games in upstate Louisiana as a show of school spirit, and this was apparently just the first time it was done in Jena. Well, I’m from south Louisiana so I can’t speak with authority on what gets done upstate before football games. But IF that were what happened in Jena, I believe it would have been mentioned early on, and if it were true, Reed Walters certainly would not have wasted his time desperately seeking some way to charge the noose hangers, as he claimed in his NYT op-ed.
The high school I attended was pretty rough, and that certainly colored my perception of the Justin Barker beating. First of all, I have seen enough fights to know how quick and how chaotic they are. Second, a 6 on 1 brutal beating does not result in the victim spending a couple of hours in the ER and attending a social function that night. I’ve seen Justin Barker’s medical report, and I stand by my characterization of his injuries as not being serious. I knew that there was no way that six athletes beating an unconscious victim would have done so little damage. And I was right; it wasn’t a 6 on 1 beating. Here are the two most pertinent witness statements - by friends of Justin Barker who took part in the fight:
JH – Jena 6 Incident 05
“Justin and KR was walking out of the gym when I saw a black boy heard a black boy say something to Justin I turned my head and I saw somebody hit Justin. He fell in between the gym door and the concrete barrier. I saw Robert Bailey kneel down and punch Justin in the head. ES pushed Robert Bailey and he fell. Then Carwin Jones kicked him in the head. Eric pushed Carwin back. I ran over there and Theo Shaw tried to kick him and I pushed Theo Shaw down. I also saw Mychal Bell standing over him. Then somebody yelled teacher and they all ran away. The last person I saw was RB
(Bug) standing over him, but I’m not sure if he kicked him or not. Then I saw Coach Lewis kneel down on the ground beside Justin, but I never saw him during the fight.”
Okay, let’s review that -
- Sombody hit Barker
- Barker goes down
- Robert Bailey gets down on the ground and begins to punch the unconscious Barker in the head
- ES quickly joins the fray and knocks Bailey down
- Carwin Jones joins and kicked Barker in the head
- ES pushes Jones back
- Our witness, JH, jumps in and stops Theo Shaw from kicking Barker
That statement from, I must emphasize again, A FRIEND OF BARKER’S WHO HAS NO REASON WHATSOEVER TO DEFEND THE JENA 6, describes a 5 on 2 brawl. And not just any witness from the crowd. A person who was close enough to see what happened and who participated.
Now, the other person who participated was ES.
ES – Jena 6 Incident 01
“Me and JH and Justin and KR were walking out of the gym. Me and JH were in front of them. It was a lot of black people standing in front of the gym and me and JH walked out by them. When I heard one of them black boys say that there’s that white mother f***er that was running his mouth. Then I turned around and I seen somebody hit him but I don’t know who hit him. Then he fell in between the concrete barrier by the gym door. And I seen Carwin Jones and Robert Bailey hitting him and kicking him. It was so many black boys standing around him I really couldn’t tell who else was hitting him. All I knew was that all of us …… before they hurt him worse. I know I got Carwin Jones and Robert off because I knocked them two off and I landed on them two. And when them two ran off, another black boy name RB stepped across him and stepped on his face and he smarted off something. And I pushed him away and then some boy grabbed me and then all the coaches were there. And we went to the office.”
Let’s review that statement:
- Somebody hits Barker
- Carwin Jones and Robert Bailey hit and kicked him.
- ES got Jones and Bailey off of him.
- Another boy, RB, who was not charged at all, “stepped on his face.”
Again, this is from a friend of Barker’s, who certainly would not take the side of the Jena 6 in any way. He was literally the first one to jump to Barker’s defense. These two statements are consistent both with each other and with Barker’s injuries. They describe a brawl. It was certainly not brutal beating people think of, nor was it 6 on 1. Reed Walters reported this complaint by a Jena 6 defender:
Their anger at me was summed up by a woman who said, “If you can figure out how to make a schoolyard fight into an attempted murder charge, I’m sure you can figure out how to make stringing nooses into a hate crime.”
I partially agree - I think that Reed got pretty creative when he reviewed those two statements and came up with 2nd degree attempted murder for a charge. I don’t think that the noose-hangers should have been charged with a hate crime, and if they had, it would not have provided justice. Justice doesn’t mean charge everybody. It means punishment appropriate to the crime. I think hate crime laws should be abolished. However, taking the incident seriously from the beginning - an apology, allowing the black parents to speak at the School Board meeting, an assembly announcing that those kinds of things will not be tolerated - would almost certainly have defused the entire situation. Instead, tensions built for the rest of the semester, climaxing in a number of crimes.
Early on I took reports about the Jena 6 at face value, and there are areas where I was simply wrong to do so. Upon reading the police reports for the Gotta Go and Fair Barn incidents, I now contend that they were NOT AT ALL the mirror incidents of the Justin Barker beating that I originally believed they were. Go read them for yourselves. Fair minded people can disagree, but I think most people who read those will conclude that those incidents are not an apples-to-apples comparison of what happened at the school on the following Monday. And I’d specifically like to note that I’m forced to conclude from those witness statements that Mychal Bell and Justin Barker’s other attackers were in fact looking for a fight that day. It wasn’t just a blowup after a trash talking session, although I also believe that trash talking session definitely occurred.
The choices are not to either “free the Jena Six!” or to put them under the jail. And just because Jena suffers from racism - as even it’s defenders have admitted - doesn’t mean that criminals should be excused from punishment. I have no idea how it all will work out. I wanted to get at the truth, and I think that the documents I received from my source, that Joe Carter and I posted on 9/27/07, did more to accomplish that than anything else could have. And I also think it’s worth noting that both the media and leftist organizations like Democracy Now had access to those papers as well. It took my source the time to go to the courthouse and get them, and I’m reimbursing him for $75 worth of copying fees. Amy Goodman from Democracy Now was in Jena many times, as was Mary Foster with the AP. If they had these papers, they never wrote a word about them. If they didn’t get them, why didn’t they? While I do feel that they prove my assertions that Reed Walters was way out of line, they also clearly indicate that the Jena 6 are not the innocent choirboys they were originally made out to be, and they definitely add weight to the conspiracy charges. In other words, they dilute the preferred narrative.
I’m glad that Bell is being charged as a juvenile. I’m aware of his criminal record, having posted on it as soon as I learned about it, but I still believe we as a society are far too quick to treat juveniles as adults. If we need to expand or rework the juvenile system, then why don’t we? There needs to be some middle ground for teenagers who are more morally culpable than, say, a twelve year old, but are still not adults. One student was considered a juvenile since the beginning, and the rest were 17 and so could legally be charged as adults - something I’m still on the fence about, how someone can be a juvenile in other respects but not for a crime. We may not learn the results of the juvenile cases. We’ll doubtless be hearing more about the other four, though. I’m not going to spend a lot of time blogging about it. What would justice look like, at this point? If there is a way to charge them with some form of misdemeanor battery, with a couple of months in jail, a long probation, community service and compensation for Justin Barker’s medical expenses, I think that would be fair.
Finally, I regret a number of times in the comments of various posts where I got quite frustrated and screechy toward several people including From Jena. I know that “a soft answer turns away wrath” and furthermore I know that in the eternal scheme of things, none of this really matters. Nevertheless, I allowed my emotions to carry me away and I was occasionally rude. There was a lot going on in the background, but other people’s bad behavior doesn’t excuse my own. It is too easy, in an emotional case, to lose sight of the fact that I would never have taken such an intemperate and hasty tone with a person I was speaking to face to face. And it is too easy to get entrenched in a position and want to defend the position, rather than keep sight of larger issues, like the fact that what I wanted to do was get to the truth, not to beat down an opponent. I did both and I do sincerely apologize.







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