Patterico's Pontifications

9/27/2007

Jena 6 News: The Prosecutor Reconsiders (Update: Mychal Bell released on Bail)

Filed under: Crime,General,Race — DRJ @ 11:15 am



[Guest post by DRJ]

There’s more Jena 6 news:

“New” news:

The prosecutor in the “Jena 6” cases said Thursday he had decided not to challenge a ruling that sent 17-year-old Mychal Bell’s case to juvenile court. LaSalle Parish District Attorney Reed Walters said he spoke with the beating victim and legal experts in the state before making the decision. He earlier had said he would appeal the state appeals court’s decision to set aside Bell’s second-degree battery conviction on the grounds that Bell should not have been tried as an adult.

Gov. Kathleen Blanco, with Martin Luther King III and the Rev. Al Sharpton at her side, had announced on Wednesday that she had asked Walters to reconsider pushing to keep the case in the adult system. “I want to thank him for this decision he has made,” Blanco said.
***
Sharpton said he hopes bond will be set low enough to allow for Bell’s release, and he thanked Blanco for getting involved. “I want to congratulate her for showing leadership,” Sharpton said. “And I want to congratulate the district attorney for good judgment.”

“Old” news:

“Walters defended the aggravated second-degree battery counts most of those charged in the attack on Barker now face. He said Barker was “blindsided,” knocked unconscious and kicked by at least six people, and would have faced “severe injury or death” had another student not intervened.

Schools Superintendent Ray Breithaupt also said in a news release Wednesday that the attack was no ordinary schoolyard fight. “It was a premeditated ambush and attack by six students against one,” the superintendent said. “The victim attacked was beaten and kicked into a state of bloody unconsciousness.”

… and this information that clarifies earlier reports:

In the case of the students involved with the nooses, Breithaupt said the expulsion committee found the three had no history of behavior problems “and no violent act was intended when the nooses were hung.” He said the youths were sent to alternative school for nine days, served a two-week, in-school suspension, had Saturday detentions and had to attend Discipline Court and be evaluated by a social worker before returning to school.

The Jena 6 families claim Jena law enforcement won’t protect them, so a group called the “New Black Panther Party for Self Defense” has organized patrols in Jena to protect them from white supremacist threats. The Jena Sheriff disputes the claim that it refused protection.

UPDATE: Mychal Bell has been released on $45,000 bail.

— DRJ

18 Responses to “Jena 6 News: The Prosecutor Reconsiders (Update: Mychal Bell released on Bail)”

  1. Thank GOD that Blanco is not running again…she has no business involved in a local prosecutor’s business….that is for the local people to decide in the next election….and to be shadowed by two race pimps….

    reff (bff229)

  2. If Mr Bell’s case is to be handled now by the juvenile justice system, he can expect, at most, confinement until he’s 21 — or is it 18 in Louisiana?

    He’s already 17, he has a rather serious prior criminal record, and they’ll (maybe) lock him up just lomg enough to make him worse, at which point he’ll be released back into society.

    Good plan.

    Perhaps our esteemed host can run some sort of pool, with chances being taken on when we’ll next read about Mr Bell, having knocked over a liquor store and shot the clerk.

    Dana (3e4784)

  3. Gov. Kathleen Blanco, with Martin Luther King III and the Rev. Al Sharpton at her side, had announced on Wednesday that she had asked Walters to reconsider pushing to keep the case in the adult system. “I want to thank him for this decision he has made,” Blanco said.

    I’ll go out on a limb here and guess that none of the usual suspects makes any noise about this instance of a politician pressuring a prosecutor to take a particular course of action in a pending legal matter.

    Shad (ed8abc)

  4. Considering Mr. Bell’s track record to date, I suspect that it won’t be long before he commits an act that leads him into an adult court with the requisite adult level punishments.

    Edward Lunny (85f233)

  5. Unbelievable. Even in a country that loses all its IQ points and its moral convictions when the most wicked of our citizens turn their crimes against their accusers merely by shouting racism. This is just unbelievable.

    Alan (f1706f)

  6. Hate in, Hate out, ….’nuther day at the office.
    -El Diablo

    EdWood (c2268a)

  7. I heard in a news report that he could get jail to 21. FWIW

    MD in Philly (3d3f72)

  8. Race in America

    It would be foolish to claim that America is a nation united these days. We thought we were after 9-11, but that has receded pending the next terrorist attack. Since then, we have slipped back into our everyday political and social differences, such as the divide that exists between conservatives and liberals, Republicans and Democrats. Since we are an ethnically diverse nation, we are far from being united in this area as well. Often, it seems as though we Americans are made up of competing tribes fighting over our fair slice of the American pie. Virtually all of our ethnic minorities have faced struggles and discrimination over the course of our history. The group that suffered the most in our history has been our African-Americans, first starting with slavery, the darkest chapter in our history, then post-Civil War segregation and discrimination, leading to the Civil Rights Movement in the 1960s. Since then, things have improved dramatically for our black citizens in terms of exercizing their basic rights. Indeed, America has been transformed so dramatically since the 60s, that I doubt any other society could have made such an achievement. Yet, all is not well in Black America today. Without neglecting the issues of other minorities, I would like to focus on the state of black-white relations in our country today. I should state at the outset that mine is the opinion of a white male in his 60s. Having said that, my thesis is that the troubling state of affairs in black America is something that must be addressed and solved by blacks themselves.

    Let us start with a basic question. Is America a racist country? Since I am 62 years old and remember the Civil Rights Era, I would state unequivocally that America was a racist country when I was growing up. Segregation in the South was enforced by local laws, while discrimination was practiced on a more subtle scale in the rest of the country. The N-word was used commonly in all-white company, especially by teenagers. So much of that has changed in the last 40 or so years. Yet, many, if not most African-Americans feel that racism is still a big problem in the US, and that the system is stacked against them. Charges of racism are frequently made against individuals or institutions by other individuals or institutions like the NAACP. In response, many whites say that racism charges are often imagined or fabricated by blacks to gain an advantage or quiet criticism or disagreement. What is the truth? In my view, America is-in 2007- a country with many racial issues-but not a racist country in the mold of Nazi Germany or South Africa under Apartheid.

    I have often heard black spokespersons say that America needs to have an open and frank dialogue about race. I agree wholeheartedly. However, I would add that we have been having a dialogue ever since the 1960s and the Civil Rights Era. That dialogue has had a consistent theme: that whites have committed many injustices against blacks, beginning with slavery, and continuing with segregation and discrimination. To that point, whites can only agree-because it is true, and nothing can justify that part of our history. In that regard, American society has done its proper duty in educating new generations about this fact, much like the Germans have done in educating their youth about the Nazi era (at least since the 1960s). In addition, in my view, our country has gone to great lengths to remedy that past with programs such as welfare and affirmative action (which, in the opinion of many including myself have had negative consequences for black America). Yet, any observer of the American scene can see that black America is not in good shape. Any trip through a large American inner city will tell you that.

    As we all know, in spite of progress and the rise of an educated black middle class that has been able to overcome poverty and racism due to the opening of numerous doors, the black inner-city seems to have been left behind. There are gangs-deadly gangs, guns, drugs, crime, schools that cannot hope to educate because of the problems that their pupils bring with them to the classroom. There has risen a culture among black youth that education and speaking standard English are for “white people”. There is the insidious influence of hip-hop music, whose lyrics often use foul language, defame women, defy authority and glamorize drug dealing and violence. Many of the rappers themselves are horrible role models for youth since they often live the life style they rap about-in many cases since they grew up in that life-style themselves.

    Then there is the problem of single-parent families. The illegitamite birth-rate among American blacks today stands around 70%. In the worst days of Jim Crow, that figure was about 25%. In the opinion of many, including libertarian radio talk show host, Larry Elder, himself African-American, this is the single most serious problem-the root of all the other problems. But how is it that as Civil Rights has progressed and many blacks have seized the new found opportunities, that this number has risen so dramatically? I am not sure, but could it have something to do with the massive welfare state that was created by President Lyndon Johnson in the 1960s, a system that actually discouraged having 2-parent families? I have to assume that Johnson’s intent was noble since he was the man who pushed through the Civil Rights Act that will always be his monument. However, as we know, good intentions can often lead to bad results.

    This leads to an important point. The problems I have listed above cannot be simply blamed on white racism and discrimination. They may be a part of the legacy of slavery, but these are unique problems that have mostly taken hold since the Civil Rights Era. Yes, there are white drug dealers-every nationality and ethnic group has its drug dealers, but being retired from DEA, I am not aware of any black drug user who obtained his drug from a white dealer. Yes, there are white music executives (and black) who are involved in hip-hop music, but the music also appeals to all ethnic groups. Nevertheless, it is created and performed almost exclusively by black artists. What I am trying to say is this: These problems that exist in black communities have been created by blacks themselves and only blacks can solve them. White people can not solve them. The Government cannot solve them. Blacks-at the grassroots level- I mean family, church and community must take responsibility and deal with these issues and leave the charge of white racism out of the equation because white racism is one of the least of the problems that blacks in America face today. It pales in comparison with the problems listed above.

    Yet, the so-called black leaders in America are still fighting the battles of the 1960s. I am talking about the Jesse Jacksons, the Al Sharptons, the Louis Farrakhans, the Congressional Black Caucus and the NAACP, a once-great organization that has devolved into nothing more than a branch of the Democratic Party. To them, everything is white racism in action, and only because of their leadership can blacks avoid being put back into chains. Most of these figures only concentrate in rooting out that last great white bigot hiding under the bed while paying scant attention to the problems they should be addressing. Much easier to convince today’s black Americans to buy into the victim mentality (which has become fashionable for many in our society-across racial lines.) It is their way of holding on to power. The last thing that they want is for the notion to take hold among African-Americans that they can succeed in America based on their own talents and work. Of all the ethnic groups in America, it is African-Americans who arguably have the worst “leadership”. I put the word leadership in quotation marks because I question whether any ethnic group in our country needs a “leadership”. Many blacks would agree.

    In recent decades, whites have been reluctant to confront people like Jackson and Sharpton. Why? Well, for one reason, there is white guilt, which is real. Another reason is that whites are afraid of being called “racist”, a charge which can destroy one’s career or even life. People like Jackson and Sharpton and others know this full well and will not hesitate to use the charge, either to carry the debate or silence critics. Fortunately, some folks have gotten weary of the tactic and will not allow that charge to stop them from making their point. Similarly, many black conservatives, who have rejected the tired old arguments of the traditional black leaders, have to stand up to charges of being an “Uncle Tom”-a sellout to whites. Just think of the grief that people like Larry Elder, Thomas Sowell, Shelby Steele, Condoleeza Rice, Michael Steele and Clarence Thomas have had to endure for their independent thinking. It is scandalous.

    I want to say a word about “Hate Crimes” here. Being a retired law enforcement officer, I tend to think that there is something inherently unconstitutional about “Hate Crime” Legislation to begin with. Under our law, we punish the act, not the thought. Why a person commits a crime-their motive- goes to proving guilt. It should not be part of the charge itself. It is the substantive act that matters, and it is that act that should be punished under the law. Another problem is that “Hate Crimes” are being charged selectively, basically when a white person commits an assault against a minority or gay. When whites are victims, hate crime charges are rarely applied, in spite of the fact that this kind of assault happens frequently. (In fact, black assaults upon whites are much more frequent today than the reverse.) It is hardly constitutional when a statute is applied selectively according to the race of the victim and perpetrator. But it is happening today in America. We have seen recent incidents like the current controversy in Jena, Louisiana, where a white student was put in the hospital after an attack by a group of black students. (To be fair, there are side issues to this story, such as white students hanging nooses from a tree and the question of unequal prosecution.) About a year ago, a group of white girls in Long Beach, California were savagely attacked by a mob of blacks. (Hate crimes were in fact charged, but the punishment was ridiculously light.) The point is that these types of crimes are wrong regardless of the race of the victim or the perpetrator, but it is undeniable that whites have been singled out by blacks for assault because of their race , something that many including our news media would like to slide under the rug. Does this mean that some blacks are also racist? Some would argue that only the “Oppressor”, namely whites, can be racists. I disagree. When Al Sharpton calls Jews “diamond merchants”, that is racist. When Jesse Jackson calls New York “Hymietown”, that is racist. If you want to hear racist diatribes, listen to the words of the leaders of the New Black Panther Party, most notably its chairman, Malik Zulu Shabazz.

    In concluding, I wish to go back to the idea of having a “true dialogue about race” in America. We should, indeed, have it. But any meaningful dialogue must get past the litany of charges of past discrimination and include the ideas and complaints that whites have as well. It must be stated that whites fear black crime and violence, that we dare not travel into black communities. It must also include the statement that we are weary of continuously being called racists if we disagree with the “black agenda” or dare to criticize someone like Jackson or Sharpton. We also feel that there is a double standard for controversial statements on race. Also, as I stated above, we should have the courage to tell blacks that they must accept responsibility for their own individual failures and the problems that plague their communities. Only they can effectively deal with them.

    Finally, let us not forget our history, but whites cannot be blamed for every problem that afflicts black America today. More than ever before, we all need to come together, rejecting those that would divide us. That the problems that plague black America be overcome is in all our interests as a nation and as a people. The dialogue must be open and frank on both sides. Whites should not be hesitant or afraid to speak frankly. After all, I really believe we are not the enemy.

    Gary Fouse
    fousesquawk

    fouse, gary c (3b4c3f)

  9. People are very polarized regarding Jena. I’m gonna make a non-politically correct assumption here, but I’ll bet that most of the bloggers on Patterico’s Pontifications are white (myself included). Certainly not all, but most. On this thread, and in many other parts of the blogosphere, we have (presumably) white people condemning only the black violence, while downplaying the white racism.

    Why the hell is it so hard for us white folks to agree that white people shouldn’t commit acts of racism? Furthermore, is it really so bad to admit that when white people commit racist acts, they can become the root cause for racist retaliation, violence, and so on?

    On the other hand, in Jena, there’s a movement that is advocating full exoneration for the black perpetrators of the violence–while condemning the white racism.

    Same question applies: why the hell can’t we agree that people should not commit acts of violence–even if, and perhaps especially if they are dealing with serious repercussions of racism?

    Seems to me that people on both sides are only willing to attack the ‘other’ while making excuses on behalf of their own–which ultimately only further enables the perpetrators of racism and violence.

    It’s bad when “they” do it AND it’s bad when “we” do it.

    Tom (83919d)

  10. I want to say a word about “Hate Crimes” here. Being a retired law enforcement officer, I tend to think that there is something inherently unconstitutional about “Hate Crime” Legislation to begin with. Under our law, we punish the act, not the thought…Another problem is that “Hate Crimes” are being charged selectively, basically when a white person commits an assault against a minority or gay.

    Gary,

    I agree with the understanding that a Hate Crime is a specific type of act: one with consequences that are farther reaching than other types of crime. For example, to burn a cross on a black family’s lawn has a much deeper psychological effect than simply setting fire to some wood on someone’s lawn–and requires a different classification. Same thing with hanging nooses in a tree immediately following the first instance of black people sitting underneath it. This act isn’t the same thing as trying to hang a tire swing without permission, because it is designed to terrorize a particular sub-group, based on racial prejudice. We need a distinct classification to be able to fairly analyze the far-reaching effects.

    Tom (83919d)

  11. Same thing with hanging nooses in a tree

    In this case the gang beating of a 14yr old freshman by varsity football athletes is a more credible race threat than the nooses.

    boris (ad3d7f)

  12. Tom,

    Part of the problem with condemning the racism in Jena is that the only confirmable overtly racist act occurred three months before the beatdown. Trying to use an act that the victim wasn’t even involved in that occurred months prior to his beating as an excuse for what occurred is risible and I, and presumably others, am reluctant to listen to that tripe. If that comes off as not condemning racist acts strongly enough, that is a side effect of using racism as an all encompassing excuse for bad behavior.

    As to your examples of hate crimes, I wouldn’t be particularly happy if someone set random fires on my lawn either. It is still arson and a credible threat against a person. Those are the crimes that should be punished whatever the motivation.

    Hate crime laws almost always act as an enhancer to punishment for crimes committed. The noose hanging incident didn’t qualify as a hate crime because there was no underlying crime to enhance. On the other hand, if there had been an underlying crime, like actually lynching someone, then I don’t care why they did it. The actual crime would be so much worse than the motivation for the crime that the enhancement is pointless.

    CAL (c9c676)

  13. CAL,

    Please tell me you see a distinction between white supremacists burning a cross on a black family’s lawn and me hosting a campfire out on yours.

    One is an act with intent to terrorize the victims based on racial discrimination. The other, not so much. Yet, without a ‘Hate Crime’ classification, there should be no different consequences for me or the white supremacists.

    As far as the Jena 6 are concerned, it’s not like the only accusations of racism pertained to the nooses. There’s also the racist mockery leading up to the attack, the ridiculous charges that had to be reduced by the higher courts (a sneaker is a deadly weapon?!), alleged crazy statements by the DA, the initial brouhaha of the consequences for the three white noose-hangers.

    Whether or not you acknowledge or agree with any or all of this, simply waving it all away dismissively is extremely counter-productive to our desired end of no more violence.

    It is my view that minimizing the allegations of racism, especially when we really can’t speak to their veracity, serves to perpetuate the divide, not build the common ground.

    We don’t have to agree on exoneration or the reparations, or whatever, but we should be proud as Americans to be able to condemn–and fairly respond to–violence and racism as it occurs. We really shouldn’t be in the business of making excuses or downplaying the instances thereof–as is presently happening on both sides of this issue.

    Tom (83919d)

  14. Of course I see a distinction. I think the worlds ‘credible threat’ cover it nicely.

    I am curious that you emphasize “intent to terrorize” over “based on racial discrimination.” That suggests you think the one is more important than the other. I agree. It is why I think hate crime laws are stupid. If someone is terrorizing a person, I don’t care why. The punishment should be for the act not the motivation.

    As to Jena, people have made many claims. Very soon I expect to hear how they were floating suspended in the air when any given incident happened. But I have no idea what was said contemporaneously nor do I have any urge to find out. Based on past experience, I find paying attention to Sharpton and Jackson counterproductive. If you wanted me to care, you needed better demagogues.

    I also find people waving ‘Free the Jena 6’ banners and claiming they aren’t saying they shouldn’t be punished ludicrous and I am not bothered in the least with charging someone who repeatedly kicks an unconscious fourteen year old in the head with attempted murder.

    CAL (c9c676)

  15. Tom:

    No sale for thought crimes. Do tell me exactly what constitutes a hate crime and how it will be applied equally.

    I’ll never understand why we treat criminal acts differently for different ages. A 15 year old doesn’t understand that killing is wrong? This is just a way to guarantee that the mob uses 15 year old hit men. We now see our judges telling us those of lower IQs are somehow not to be held to the same standards as others. Its about time we got back to sanity and used MacNaughton’s rule as a standard to eliminate the whims and fantasies that characterize our judges.

    Thomas Jackson (bf83e0)

  16. Its no different then all those liberal idiots wanting the infamous cop killer ABDUL JIMAL to be aquited when instead he should fry in old sparky and if that idiot MORMAN MAILER dont like it he can TAKE A HIKE

    krazy kagu (5b69ac)

  17. It is ludicrous that anytime a charge is leveled at a black, it is because he/she is black. That story is getting old and stale. They have tried 11 and 12 (white) year olds as adults, but the only reason they tried 17 year old Mycal as an adult is because he is black. Sure, got it. I am so sick of this every step taken forward towards an end to racism there are two back. And why, situations like this. I got news for you, if OJ was white he would not have been able to play the race card and he would be in jail now.
    What kind of human being with any intelligence at all would compare hanging nooses in a tree to kicking a teen unconscious and then continuing to kick even after he was out? That is what kept being repeated over and over by the blacks who felt it necessary to haul their behinds into Jena and protest. The white kids did not get equal punishment? WHAT! They hung nooses in a tree which is despicable and down-right ignorant. But since when does that type of ignorance equal not one but six on one kicking one teen to within an inch of his life?
    And these preachers, may God forgive them. They should have been on their respective pulpits teaching God’s love. But what were they doing inciting racial dribble. SHAME on them for using God’s pulpit to promote bigotry. Remember that God judges teachers more rigidly.
    Let’s be honest here. Remember, “sticks and stones”, “use your words”, “turn the other cheek”. I do not give a flip what color someone is, you do not retaliate against slurs and innuendo by nearly kicking someone to death. I would like to hear, Shelby Steele, or john McWhorter on this issue. When was the last time thousands of white people showed up to protest because a white child (because you do not normally see six on one with whites) was punished for beating someone within an inch of their lives?

    kat (7802cf)

  18. nosse em

    brotha (abb212)


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