No Equal Justice in Jena

September 26 - October 2, 2007 by Maya Harris, The Post Newspaper

Jena, Louisiana will never be the same.  But, perhaps that’s a good thing.

This small southern town that is 85% white has garnered national attention for being at the center of an explosive racial justice situation.  All across the country, people are watching the story unfold.  For some, in disbelief.  And for others, it’s an all too sad and common state of affairs in criminal justice systems across the nation—this being only the most recent and glaringly egregious example.

It all started at the Jena High School, a school where students of different races rarely sat together outside of class.  Each group had their own spot.  For the white students, that included congregating under a large shade tree. 

One day, a black student asked the principal for permission to sit under the so-called “white tree,” only to discover three nooses hanging from the tree the very next day. 

After three white boys were identified as the perpetrators, the school principal recommended that they be expelled from the school.  However, he was overruled by the district Superintendent, who instead recommended a three-day suspension for the boys.  The stated reason for lighter punishment: The noose hanging was simply an “adolescent prank.”

In this racially-charged environment, tension flared between black and white students and fights ensued.  When all was said and done, six black high school students (the “Jena Six”) were arrested and charged with attempted murder and conspiracy to commit murder for their role in the fights.  Some of the charges were later reduced—to aggravated battery and conspiracy to commit aggravated battery—but one student still faces an attempted murder charge and up to 50 years in prison.

And the white students involved in the fights?  Only one white student was charged—a minor charge of battery, resulting in probation.

So far, only one member of the Jena Six has been tried and convicted.  That’s 17-year-old Mychal Bell, an honor student and star running back.  Mychal was initially convicted of aggravated battery in July by an all-white jury and faced a 15-year prison sentence.  However, just this month, a state appeals court threw out his conviction, ruling that Mychal should not have been tried as an adult.  But the judge has refused to order Mychal’s release.

Concerned about larger racial justice problems in Jena and elsewhere in Louisiana, the ACLU of Louisiana has filed an “open records request” seeking arrest and incident reports, broken down by race, for LaSalle Parish, which includes the town of Jena.  The request also seeks Jena High School records to assess the frequency of law enforcement visits to the school and charges brought against its students. 

The District Attorney stonewalled the ACLU’s request for months and, then, took the extraordinary step of suing the ACLU so he would not have to provide the requested documents.  Only recently has he released some information.

The ACLU has also called on the Louisiana Attorney General to seek justice for the Jena Six, including conducting a thorough examination of the actions of the District Attorney to determine whether prosecutorial misconduct has taken place.

Scores of outraged Americans have come forward to protest the injustice in Jena, including thousands of individuals from across the country who descended on Jena last week to demand equal justice under the law for these young men.

Make your voice heard.  Demand justice in Jena.

For more information on the Jena Six, visit www.jenasix.org.