From Unlearned Lessons to the “Jena 6"

In 1989, six Black and Latino boys were indicted for raping Patricia Meili, a white woman, in Central Park. There were no eyewitnesses and no DNA evidence connecting any defendant to the crime. The boys made self-serving statements. This hearsay evidence, however, was sufficient to send five boys to prison for rape.
All of these convictions were reviewed on appeal. The intermediate appellate court found that they had been supported by legally-sufficient evidence and that there were no constitutional infirmities which warranted any reversal on appeal. Stated succinctly, “No Negro has any rights that whites are bound to respect.” See Dred Scott.
Although Commonwealth v. Mumia Abu-Jamal arose before the Central Park jogger case, a post-conviction hearing was held in 1995 for Mumia. A central question was whether Mumia Abu-Jamal had been accorded his Sixth Amendment right to the effective assistance of counsel. This issue was intertwined with prosecutorial misconduct and the intentional suppression of exculpatory evidence.
Hurricane Katrina hit New Orleans two years ago and a racial hurricane hit Jena, LA a year later. Both hurricanes have had a substantial impact on their respective communities. There is one common thread. Blacks have enjoyed no federal protection in the aftermath of either disaster. Louisiana also has a Democratic governor.
Blacks still must know their place on virtually every inch of soil in the United States even on school grounds despite Brown v. Board of Education. The Supreme Court curiously ruled in 1954 that white supremacy was a boost to Black academic performance.
After a Black student, on August 31, 2006, requested permission for Blacks to sit under a tree in a school yard, the following day, three hangman’s nooses, with school colors, were found hanging from the trees. The Black student had already sat under the tree. White students should have been suspended from school.
By December 4, 2006, Justin Barker, a white student, had taunted Roger Bailey, a Black student, for being beaten up at a white party on December 1. Someone apparently hit Barker in the back of the head. He apparently received stitches. Later, that same day, he went to a school function.
Six Black youths were arrested and one has already been convicted by a white judge, white prosecutor, white witnesses and an all-white jury for the Barker attack. Even the jury pool was all-white. Weeks before the assault occurred, the white prosecutor had threatened the Blacks on school grounds. Mychal Bell was convicted of aggravated second degree assault and conspiracy.
Sentencing for Bell is scheduled for September 20. A motion to set aside the verdict was returnable on September 4. Five other young men are awaiting trial. All of the remaining defendants are now awaiting trial outside prison walls. The last of the five other young men was released from pre-trial detention in July. This matter could have been resolved administratively.
History continues to repeat itself. The pivotal person between a judge and a prosecutor is a competent and zealous attorney. This has to be a person who is fearless. Since the right to legal representation belongs to the people, the people have to put their lives on the line. Any omission in the attorney’s duty could be fatal.
On the other hand, the three Black attorneys in the Central Park jogger case were subsequently disbarred. They complied with the Code of Professional Responsibility. No one stood up for them. The attorneys who ran for the tall grass are now being saluted. Only one attorney sought to cross-examine Meili. A Black lawyer must know his or her place.
Although there are over five million Blacks ensnared in the criminal justice system, there has not been a peep from any Black selected official. Where is the Congressional Black Caucus, the Black and Puerto Rican Legislative Caucus or BIC? The prisons are overflowing with Blacks. They are doing time because of their melanin.
Everyone should send a letter or, at the very least, a post card to Judge J.P. Mauffray, Jr., concerning the sentencing of Mychal Bell, on September 20 for having been convicted of the crimes of aggravated second degree battery and conspiracy to commit second-degree aggravated battery. The complaining witness was a white student, Justin Barker. The letters and postcards should be sent to the judge at 28th Judicial District Court, Courthouse, Jena, LA 71342.
A postcard should stress a slogan or a theme. A sentencing letter should stress Bell’s youth and the obligation to give him a second chance. It should also stress that he has no prior felony conviction and that had he been prosecuted in family court for a minor offense, like what he is accused of here, he would have been facing a relatively light probationary sentence at worst. For the harm he caused, time-served would have been more than an appropriate sentence.
In the long run, we must find ways of keeping our children out of harm’s way. One approach, for UAM, has been the Freedom Retreat for Boys and Girls with an emphasis on teaching survival skills and African history and culture to our children.
Another approach has been the Tawana Brawley struggle. The right of Black women to enjoy competent, legal representation is highlighted. An appeal on this issue is currently before the United States Court of Appeals for the Second Circuit. No white man has ever gone to prison for raping a Black woman and no male has ever been able to defend a Black woman without fear of retaliation.