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NPR News and Notes With Farai Chideya
14 Dec

Mychal Bell as Prosecution Star Witness? — Jena Six Update

I recognized the importance of justice for the Jena Six early on, and wrote about the case frequently. And later when we found out more about Mychal Bell’s past criminal record, I explained that his previous crimes did not negate his right to equal justice in the Jena beating case. After the crescendo of the march demanding equal justice in September, DA Reed Walters’ pathetic rant of a response, the backlash of nooses springing up around the country, and the re-incarceration of Mychal Bell; I like many writers, advocates and activists kind of took my eye off the ball of events down in Jena.

An email I received yesterday has refocused my attention. It turns out that Mychall Bell is positioned to be the prosecution’s star witness against the other 5 defendants in the beating case.

Think what you will of LaSalle Parish District Attorney Reed Walters, he has done a masterful job of pitting Jena 6 defendants against one another and the result will probably mean jail time for each Black teenager.

Of the six Black teens accused of beating Justin Barker, a White schoolmate last year in Jena, La., only Mychal Bell is known to have had a criminal record, which included two battery incidents and two charges of criminal damage to property. By first focusing on Bell, the D.A. has been able to portray Jena 6 as hardened criminals and, equally important, force Bell into a compromising position. Recently, Bell struck a deal with the D.A. that includes testifying against his five co-defendants, if needed. Op-Ed: A Split Among The Jena 6, George Curry - BlackPressUSA -Reclaim our Civil Rights

The guilty plea may make sense for Bell given his priors, but that is not a universal sentiment.

Marcus Jones, the father of lead defendant [Mychal Bell] in the controversial Jena 6 case couldn’t have been any clearer.

”They sold Mychal out,” Jones said of the legal team representing Mychal Bell. ”I just don’t understand it.” Jones was as stunned as [was] much of America and the world [by] the news that Mychal Bell, 17, had pleaded guilty in the racially charged case that has ignited claims of judicial bias and ignited Black activisim not seen since the days of the Civil Rights Movement. Bell pleaded guilty to second degree battery for punching Justin Barker, a White teenager.

The news that Bell had agreed to an 18-month sentence and to pay restitution to the White teenager he now admits beating has caused many now to focus on the remaining five defendants, who will be offered the same plea agreement as Bell. It has also caused some to question Bell’s legal team, which sought the agreement with the LaSalle County District Attorney’s office.

Bell’s attorney, Robert Nowell, said he advised Bell to accept the plea bargain because the district attorney’s office had ”overwhelming evidence to convict him.”

Louis Grandison Scott, Bell’s lead attorney, said he told Bell he was prepared to take the case ”all the way through,” however, he thought the judge would probably convict Bell and sentence him to more than 18 months. Even if they had won an appeal of the conviction, Scott said, Bell would have already served more than the 18 months in the plea bargain. Bell pleaded guilty to second degree battery for punching Justin Barker, a White teenager. What Now With Jena? All Eyes Turn to Other Defendants, Valencia Mohammad, Special to the NNPA from the Afro-American Newspapers

That Mychal Bell has agreed to testify against his co-defendants disturbs me on a number of levels, not the least of which is that one of the defendants has consistently maintained that he was not present during the beating and only arrived on scene as people were starting to flee. This new aspect of the prosecution’s case illustrates why the concept of “no snitching” has such a hold in the Black community.

Bell is presently serving an 18-month sentence for the previous juvenile charges. In exchange for his pleading guilty to second-degree battery in connection with the attack on Barker, the prosecutor dropped aggravated battery and conspiracy to commit battery charges against Bell. He was sentenced to an additional 18 months to run concurrently with the term he is already serving. That means, in effect, Bell will serve a single 18-month sentence that will be counted twice, for his old juvenile offenses and for his recent plea. He has already served 10 months.

If Bell serves all of his time, he could be released in June. However, those close to the case expect him to be transferred to a group home rather than spending his remaining time behind bars.

With Bell being placed in the position of serving as the star witness against the other teens, they are more likely to be convicted if they refuse to follow Bell’s example and cop a plea. This is the underbelly of an unfair judicial system. Upon entering his guilty plea, Bell admitted that he hit the White student, knocking him unconscious, and joining others in kicking him after he fell to the floor. Therefore, the D.A. will be using the most culpable of the six teens to obtain convictions against those who were less involved. That’s the way the judicial system works – or doesn’t work. Op-Ed: A Split Among The Jena 6, George Curry - BlackPressUSA -Reclaim our Civil Rights

I am ashamed that we dropped the ball on this one just when we should have been picking it up - again.

…on Nov. 7, when four others were scheduled to enter their plea in Jena, there were no national civil rights leaders present. Busloads of students from around the nation did not roll into town. And radio talk show hosts, present in abundance on Sept. 20, were nowhere to be found. Instead, they had moved on, focusing on yet another demonstration in Washington in a futile effort to get the Justice Department to be more sensitive to the selective prosecution of African-Americans.

It is disturbing that civil rights leaders gave more support to the person who has agreed to testify against his co-defendants than the teens who had less to do with the beating.

If Bell testifies against four others – Robert Bailey Jr., Carwin Jones, Bryant Purvis, Theo Shaw — they could be tried as adults because they were at least 17 years old at the time of the incident. The sixth defendant, like Bell, was a juvenile at the time. Although news organizations do not customarily identify juveniles by name, many – including Black publications – have published his name.

As I said in a previous column, it’s time to return to Jena because justice has not been served; it is even less likely to be served now that Mychal Bell has agreed to testify against the other five defendants.

Those anointed as leaders in our community are good at putting on one-day events. And apparently that’s all Sept. 20 was. The question is whether they will show real leadership and lobby on behalf of the other five teens in Jena as hard as they worked for the release of Bell. If they can’t do that, I think I’ll skip such self-serving publicity stunts in the future. Op-Ed: A Split Among The Jena 6, George Curry - BlackPressUSA -Reclaim our Civil Rights

I have some major catching up to do: reading and writing. You will be seeing more posts about the goings on in Jena here at All About Race.

READ MORE - Jena One plus Five - Great post by Changeseeker.

READ MORE - Black Amazon speaks on it - “…The same boy

who couldn’t be trusted

Who had to be a liar

becomes credible and worthy

with years of prison over his head…”

READ MORE- M addresses the injustice of the justice system as it pertains to plea bargaining - Jena Six Developments (And the Institutional Racism Continues)

9 Responses to “Mychal Bell as Prosecution Star Witness? — Jena Six Update”

  1. Blair Says:

    Since the evidence against Robert Bailey Jr., Carwin Jones, Bryant Purvis, and Theo Shaw is as “overwhelming” as the evidence against Mychal Bell, they also will probably seek plea bargaining agreements similar to the one offered to Bell. Plea bargaining is the norm in criminal court; only a small percentage of cases actually go to trial.

    A common but false assertion made in connection with the Jena High School beating is that the Jena Six are being over-charged simply because they are black. However, in a 2005 case similar to the Jena Six beating, five white South Carolina teenagers who beat up a black teenager were charged an convicted of “second-degree lynching and assault and battery of a high and aggravated nature.” (There was no actual lynching involved. Second-degree lynching is defined by South Carolina law as any act of violence on another person by a mob when death does not occur. A mob is considered two or more people whose purpose and intent is committing an act of violence on another person.) Like the Jena Six, the white teenagers kicked the victim, 16-year-old Isaiah Clyburn, as he lay on the ground. The attack left the black youth “on the roadside bruised and bloodied from the attack.”

    The white teenagers received the following sentences: One, who prosecutors said was the person most responsible for the attack, was sentenced to 18 years suspended to six years and 400 hours of public service. Two were sentenced to 15 years suspended to three years and 300 hours of public service. And one was sentenced to 15 years suspended to 30 months and 300 hours of community service. A sixth co-defendant, Amy Woody, 17, was also charged with 2nd-degree lynching even though she did not take part in the beating.

  2. Carmen D. Says:

    Hello Blair. you write “…Since the evidence against Robert Bailey Jr., Carwin Jones, Bryant Purvis, and Theo Shaw is as “overwhelming” as the evidence against Mychal Bell, they also will probably seek plea bargaining agreements similar to the one offered to Bell…” Well, we will know shortly.

    Regarding the Jena 6 and the over-charging issue, it was the initial charge of attempted murder that was protested and eventually reversed. Why were the Jena 6 initially charged with attempted murder and not ‘lynching’ as you have defined it? Maybe because they were black??? The Clyburn case is interesting information and very sad as well.

  3. Changeseeker Says:

    Thanks for this comprehensive description of recent affairs in this case, Carmen. Due to recent circumstances, I was out of the loop and only just heard about it a couple of days ago. My reaction was yours. I had recognized the utter silence following the guilty plea as typical in the criminal “justice” world when something particularly creepy is about to come down, but I didn’t know what it would be. And now here it is. Sigh. I’ll be linking to this today. And again, thanks. It’s very important not to think the game is ever over.

  4. Carmen D. Says:

    Hi Changeseeker, it is the least I can do. I have read your excellent post as well and I will link it straightaway. Looks like we have a lot of work ahead of us. ::extends hand::

  5. Anita Says:

    First of all Thank You for re-picking up the ball on this case. I have been checking for updates since I first saw it on the news and seems like it was in the publics eyes only one day and the next day it was gone. It is so sad to see in reality how ruthless and unfair the justice system is,and how white america will do whatever it takes to get their point across that they are right and they will go to any means to say you don’t have a right to come up aginst me and think you are going to win. I am sorry to hear that Mychal was put in that position to cover himself because seems like all his support abandoned him. That’s bad and again that kockie DA did just what he said he was going to do. He made these young mens life a living hell! He stole their potiental to become someone great; especially those who were in their last year of high school and was set to go to college. WOW!!!!

  6. Jena Six! (Not Jena One…an’ em.) « Problem Chylde: Learning in Transition Says:

    [...] developments after I get my thoughts straight on it, but first read the updates from Carmen at All About Race and Changeseeker at Why Am I Not Surprised? to find out what the developments [...]

  7. Carmen D. Says:

    Hi Anita, welcome to the conversation. “…He made these young mens life a living hell! He stole their potiental to become someone great; especially those who were in their last year of high school and was set to go to college. WOW!!!” And there is the heartbreak of it. Of course there should have been some reasonable punishment, right away. Over and done. But by holding the boys on the now overturned 2nd degree murder charges in the beginning, their lives were completely derailed. It is so sad.

  8. Good news and bad news « my place Says:

    [...] Jena Six case just took an evil turn. Carmen of All About Race received an email that said D.A. Reed will make Mychal Bell the prosecution star witness. He will [...]

  9. Feministe » Good news and bad news Says:

    [...] Jena Six case just took an evil turn. Carmen of All About Race received an email that said D.A. Reed will make Mychal Bell the prosecution star witness. He will [...]

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