Back To Jena

Reed Walters, the Jena, Louisiana DA, explains his prosecutorial process in the NY Times.

Jeralyn Merritt and Patterico (1, 2) have thoughts and background on the Jena Six.

Comments

[Cecil Turner]

Walters:

The “hate crime” the protesters wish me to prosecute does not exist as a stand-alone offense in Louisiana law.

For which, we can all thank God.

Jeralyn Merritt:

I think the only reason the kids were charged with such serious felonies was to get Mychal Bell, then a juvenile, into adult court.

Yep, I think that's fair. Walters says:

I considered adult status appropriate because of his role as the instigator of the attack, the seriousness of the charge and his prior criminal record.

Which also seems fair. However, under Louisiana law, the only relevant charges that allow charging as an adult are things like attempted murder, rape, etc. The most pertinent on the list to this case is: "A second or subsequent aggravated battery." Since aggravated battery requires use of a "dangerous weapon," it's not a very good fit. The charge Bell was eventually convicted of, second degree battery, requires stuff like knocking someone unconscious . . . which fairly obviously fits the facts as reported. Seems to me a second offense of the same type would arguably fill the requirement, but still be a bit of a stretch. One incident fairly obviously doesn't. Part of Walters's argument is that the adult court retains jurisdiction over the case, even if the charge is reduced:

“The court exercising criminal jurisdiction shall retain jurisdiction over the child’s case, even though he pleads guilty to or is convicted of a lesser included offense. A plea to or conviction of a lesser included offense shall not revest jurisdiction in the court exercising juvenile jurisdiction over such a child.”

That would be compelling if the "attempted murder" charge were legitimate, and leveled in good faith. However, viewing the entire situation, it's fairly obvious that the charge wasn't, but merely a ploy to get the case into adult court in the first place. And while I think the kid needs to go to jail (or the juvie equivalent) for a while, under Louisiana law he needs to be tried in juvenile court. Walters has an understandable desire to keep the lid on a dangerous situation (and pull the punk card of a kid with multiple offenses on probation), but he overreached on this one and ought to admit it.

[boris]

overreached on this one

More in the Fitzpatrick sense than Nifong.

[Rick Ballard]

"a "dangerous weapon,"

Cecil,

Depends on the footwear. Even an open toe sandal with a hard sole projecting far enough beyond the toes can make a serious dent. I'd say its a judgement call that has to be balanced against the thugs prior behavior. Dear Mycahl has used up his passes within the justice system. Getting him into a cage is a legitimate prosecutorial aim.

I remain curious as to why the Times granted Walters space. Especially with the race pimps going to the Hill today for a good handwringing. Odd.

[Gmax]

I dont see how you ever get to a halo, for any of these defendants. They punched and kicked a person merely because of his race. If we free the Jena six, I suggest all six be relocated to the same neighborhood that Rev Jesse J hangs out. Kinda like a "you broke it, you bought it" rule.

[Cecil Turner]

More in the Fitzpatrick sense than Nifong.

Concur, but in both of those cases the prosecutor was trying to make something of nothing (I don't believe any of the defendants was guilty, and in both cases the accusers could legitimately have been charged). Here there is clearly a crime, and one that justifies jail time, IMHO. He just got a bit carried away on the proper procedure.

Depends on the footwear. Even an open toe sandal with a hard sole projecting far enough beyond the toes can make a serious dent.

These were reportedly tennis shoes, so I'd maintain it's a stretch (though admittedly arguable, and I think I'd support that anyway, considering the rest of the story . . . especially the probation angle). In any event, the statute says you'd need two of those to try him as an adult, and there's only the one. So I don't think it's a close call on the overreach judgment.

[cathyf]

Also, there is the angle that Bell was a star football player (who blew a college scholarship in all this, too.) I simply don't believe that the simplistic black-white dichotomy that Jesse & The Race Baiters are hawking is applicable here. Real high schools have multiple levels in their caste systems, and "black football star" is pretty high-caste. Way higher caste than a lot of the whites in the school.

I'm with Jeralyn on this one -- there are way too many facts that are unknown or disputed here to figure out what we should make of things. And the statement that Walters made claiming that we know Bell was the instigator of the attack appears to be an out-and-out baldfaced lie. Different witnesses claimed different people as the instigator. And there is lots of doubt of the premeditated nature of the incident, which would make the conspiracy charges overreach as well.

[Cecil Turner]

And the statement that Walters made claiming that we know Bell was the instigator of the attack appears to be an out-and-out baldfaced lie.

I think that's a bit strong. The way I read the various stories, there were seven witnesses. Four witnesses claimed it was Bell. The only witness who named someone else (Coach Lewis) claimed he was attacked from the front, which contradicts the victim's testimony along with the other witnesses. The other two claimed the assailant wore a hood. The testimony (or as much as we can get from the admittedly shoddy reporting) seems to support Walters's version. And at least in the sense that he got a conviction, the "we know" formulation is defensible.

[anduril]

This is off topic, but interesting. I'm linking an article by
Andy McCarthy that accuses the NYTimes of misrepresenting the actions of Judge Mukasey (AG nominee) in the wake of 9-11. You have to do some reading, but eventually you get to the part where a Muslim male who was detained as a material witnessed is tried, but acquitted, for perjury.

For recovering Plamaniacs, if we ever do recover, this makes an interesting comparison with the facts surrounding the Libby prosecution.

[kim]

That's a fine last paragraph in McCarthy's piece. What a travesty of all the news that's fit to print.
==============================

[Jane]

I think I'm going to bow out of this one. A first glimpse of Keith Olbermann made me too sick to watch -

[Ann]

Steady Jane!

They all want to leave troops in Iraq?

[TexasToast]

I'm with Jeralyn on this one -- there are way too many facts that are unknown or disputed here to figure out what we should make of things.

And I'm with Cathy.

[MayBee]

I came to this thread for Jane's liveblog, and am sorely disappointed.

[Ann]

Went over to Ace to read comments on the debate and I have to share this one on the
candidates answers to a national ban on smoking:

It'll be a cold day in hell before they take my smokes and frying oil, so long as I have guns.

One of these days I'm gonna be holding a H&K UCP, smoking a marlboro with glazed donut stuffed in my mouth, firing on the ATF as they approach my compound for illegal possession of high fructose corn syrup.

It's inevitable. I see it coming but I can't escape it.

Posted by: Entropy at September 26, 2007 10:33 PM (HgAV0)

[Jodi]

Coach Lewis seems to have different observations from the others.
He says Bell was not the instigator, and the victim was attacked from the front rather than the blind side (sneak punch.)

Does he happen to coach Football, a sport where Bell was a football star with a chance for a college scholarship.

[clarice]

I read elsewhere that Russert asked whether she'd release the name of all those who donated to her and to her husband's library so people could fully track the donors..she fluffed it and there was a lot of laughter..I didn't hear it myself.

[Ralph L]

Surprised they didn't try a 'roid rage defense.

[Cecil Turner]

Ah, here we go. There's a document dump available from "the evangelical outpost" (found by google: not sure what connection these folks have to the case).

Most useful document is a combined witness transcript. Things I got wrong above: Coach Lewis was consistent (the facing bit was for Barker facing the coach, not the assailant--the other report had it wrong); the "green jacket" was cited only once, though two witnesses tell a similar story; and the witnesses identifying Bell aren't terribly consistent, either. Still, taken in total, I think they substantiate the DA's statement . . . though probably not to the level of confidence he exhibited.

Surprisingly, they are much more convincing on the conspiracy point, as there are several consistent eyewitness reports on that score (though they seem to be conspiracy to commit assault rather than anything more serious). In any case, the claims by the defendants (e.g., “I don’t know what happen") are completely unconvincing.

[Jane]

The post debate reviews were that Hill refused to answer 4 questions, and Edwards beat her. They were also talking about the nanny state proposal - smoking ban, no trans fats etc.

I'll try and make a come back for the next one. Sorry about that.

[kim]

That's fine, Jane. We need you rested. It's a long haul.
===================

[kim]

You want the skinny on Sistani see Hewitt's interview of John Burns, two days ago.
=====================

[Cecil Turner]

NPR, Glenn, and the Guardian all claim this was the takeaway:

The leading Democratic White House hopefuls conceded Wednesday night they cannot guarantee to pull all U.S. combat troops from Iraq by the end of the next presidential term in 2013.

Of course, if they really feel that way, it's hard to see why they keep making noises to the contrary (and in particular, if they don't think troops can be withdrawn by the end of the next term, why they pretend the current offficeholder should remove them in this one).

[kim]

Hillary wouldn't talk about the Israeli raid last night either. With luck, this is a tipping point for the Democrats. The nutroots have been utterly silent on the takeaway about 2013, which is startling.
==========================

[kim]

Perhaps Ahmadi-Nejad's visit has provided a flash point for this paradigm shift, underlaid by success on the ground and NoKo in Syria.
================================

[CAL]

Why do so many people say the DA overreached in charging attempted homicide?

I am guessing part of it is that the charge was later reduced and part of it is trying to appear reasonable when confronting the 'Free the Jena 6' mob and not simply saying, "You're completey wrong."

If the victim had died from the assault, what would the charge have been? I don't think it qualifies for manslaughter or negligent homicide. If he had died it would have been murder, so a charge of attempted murder in this case seems entirely reasonable to me.

Having said that, I do think the DA took as hard a line as he did both to bring the punk up to the adult system and to stop the escalating violence at the school. Ignoring the incident from three months prior, you have three altercations and an arson in a few days time. It needed to be shut down before someone was killed.

[boris]

ISTM that the assult by six varsity football athletes on a 14 yr old freshman is an actionable case based on those facts alone.

Were the situation that the 14 yr old freshman was female and the assault sexual there would be no discussion of mitigating factors. Not only because legally it would be a more serious crime, but also the result of a change in cultural treatment of those situations.

Clearly in this case there is a cultural trend to apply the opposite bias. That probably is the riskier long term path.

[Cecil Turner]

If anyone cares, Mychal Bell has been released on bond:

Mychal Bell's release on $45,000 bail came hours after a prosecutor confirmed he will no longer seek an adult trial for the 17-year-old. Bell, one of the teenagers known as the Jena Six, still faces trial as a juvenile in the December beating in this small central Louisiana town.

As a result, the maximum sentence is to Bell's 21st birthday. This seems to me the correct answer, based on LA law (heh), and probably the most appropriate way to handle the case. It also seems to me that if the DA had pursued that tack at the outset, Bell would probably be incarcerated right now, and all this legal maneuvering has just served to delay justice. Not to mention the fact that now there has to be a second trial, which might be interesting.

[Rick Ballard]

Jena Gentle On My Mind:

“We cannot build enough prisons to solve this problem. And the idea that we can keep incarcerating and keep incarcerating — pretty soon we’re not going to have a young African-American male population in America. They’re all going to be in prison or dead. One of the two.”

John Edwards had to have had some brainpower in order to have successfully caught so many ambulances. This level of pandering indicates that it is all used up. Well, this and "did you say 'second grade'?".

Maybe a wheel on the last ambulance rolled over his head and this is just a delayed reaction?

[clarice]

He's just auditioning for the host slot on "The Price is Right".

Now, compare this to O'Reilly's statement and tell me which one is actually racist.

[kim]

Jason Whitlock has another nice article on Jena. RCP lists it.
======================

[Rick Ballard]

Kim,

Thanks for the pointer to Whitlock article. He's getting a little heat from the Hegelian Narrative folks in comments. I guess Juan Williams needn't feel so lonely.

[Walter]

And so it goes.

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