28June2007 4:28pm CSTLouisiana Teen Convicted in Jena, Louisiana?!
Bell convicted
JENA -- Mychal Bell, one of the "Jena Six" on trial in LaSalle Parish, was convicted this afternoon on charges of aggravated second-degree battery and conspiracy to commit aggravated second-degree battery.
Bell faces 30 years in prison at sentencing.
The trial had resumed this morning at 9:30 in the courtroom of 28th Judicial District Court Judge J.P. Mauffray Jr. Following closing statements, which lasted an hour and a half, the jury -- five women and one man -- was charged and retreated to weigh the evidence.
The jurors were told that in addition to the charges Bell faced, they also may consider the lesser and included charges of aggravated battery, second-degree battery, simple battery, or acquittal.
At 11:21 a.m., the jurors notified the judge that they wanted a written definition of the lesser charges, but the judge informed them that the attorneys were not in unanimous agreement on that accord. Instead, he brought them back into the courtroom and again told them the definitions of the charges.
Bell is the first member of the "Jena Six" -- the name given to the six boys charged in connection with the fight -- to go on trial. On Monday, District Attorney Reed Walters reduced Bell's charges from attempted second-degree murder and conspiracy to commit the same -- charges the other boys still face.
If convicted on the original charges, Bell could be sentenced to as many as 30 years in prison.
If convicted of aggravated battery and conspiracy to commit the same, he faces as many as 20 years; second-degree battery, 10 years; and simple battery, a misdemeanor, 1 year.
During the day, [27Jun2008] potential witnesses, members of the media and family and friends milled about. A planned lunchtime demonstration by members of the American Civil Liberties Union and other supporters of the Jena Six was canceled after a ruling from Mauffray stated that they were not to protest anywhere he would be able see them.
All white jury selected for first 'Jena Six' trial; no minorities report for jury duty
By Abbey Brown
abrown@thetowntalk.com
(318) 487-6387
JENA -- Some cried foul Tuesday afternoon after an all-white jury was selected in the first trial of one of the "Jena Six" -- the name given to the six black students charged in a Dec. 4 fight at Jena High School that, according to court records, left Justin Barker, a white student, unconscious.
Mychal Bell, 17, is charged with aggravated second-degree battery and conspiracy to do the same after LaSalle Parish District Attorney Reed Walters reduced his charges Monday from attempted second-degree murder.
"There should have been at least one black if not more on the jury," Bell's grandmother Rosie Simmons said after court was dismissed Tuesday. "I know they are going by procedure, but I just think more blacks should have been called to serve."
The court summoned 150 people for the jury pool, but only 50 showed up, court officials said. All of the 50 who reported for jury duty were white. Some of the 100 who didn't show up -- excused or unexcused -- were black, said Bell's attorney, Blane Williams.
"I'm always disappointed when minorities don't show up," he said. "There were minorities on that list that just didn't show up."
Williams said he doesn't blame parish officials at all, that they are following all procedures. This is the first time, though, that Williams hasn't seen at least one minority in the jury pool, he said.
"Jury duty is one of the best things anyone can do," Williams said. "I encourage everyone to do their duty. It is the only way for us to safeguard the judicial system."
LaSalle Parish Clerk Steve Crooks said the jury pool for every potential jury is selected randomly by a computer system that doesn't know the race of the potential juror, keeping it random and free from prejudice. The system pulls names two different ways -- from voter registrations and the motor vehicle office.
"The venire is color blind," Crooks said of the list of 150. "The idea is for the list to truly reflect the racial makeup of the community, but the system does not take race into factor."
After the venire is generated, it is published in the Jena Times newspaper. Summonses are sent out to each of the 150 people. Those potential jurors are expected to appear at the courthouse on the noted date unless they call the clerk's office ahead of time and get an excuse approved by 28th Judicial District Court Judge J.P. Mauffray Jr.
Once the trial is called, names from the venire are randomly drawn by a court official. One by one, they are questioned by Mauffray to ensure their qualifications to serve and then questioned by the prosecuting attorney -- Walters in this situation -- and defense attorney -- Williams for this trial. The attorneys have a predetermined number of strikes that can be used to not accept a juror.
After the right number of jurors have been approved by both the prosecution and defense, the entire jury is sworn in and the case can proceed.
Bell's case calls for a jury of six that all must agree on the verdict. His jury is made up of five women and one man. The alternate is a woman.
Questions asked of the jurors by Mauffray included their address, occupation, previous experience with the judicial system, acquaintance with Bell or one of the more than 40 called to testify, if they'd ever been a victim of a crime and their understanding of their responsibility as a juror and the law.
Walters' questions to the jury focused on the difference between "reasonable doubt" and "shadow of a doubt," their understanding of the definition of the crimes Bell has been charged with and their ability to vote for a guilty verdict if the evidence merits it.
During Williams' questioning, he focused on the potential jurors' opinions about what a dangerous weapon could and couldn't be, their definition of serious bodily injury, the degree of exposure they had to the facts of the case and what they thought about fighting.
Bell's parents, Melissa Bell and Marcus Jones, weren't allowed to talk with the media, as they had been selected as potential witnesses. But they did express their unhappiness about being ordered to leave the courtroom when told to do so Tuesday morning along with the other potential witnesses, as is required by law. But Barker, who is also a potential witness, was allowed to stay in the courtroom because state law says victims are allowed to view all court proceedings.
Barker spent most of the day sitting in the back of the courtroom while his parents, David and Kelli Barker, sat a few rows in front of him.
During the day, potential witnesses, members of the media and family and friends milled about. A planned lunchtime demonstration by members of the American Civil Liberties Union and other supporters of the Jena Six was canceled after a ruling from Mauffray stated that they were not to protest anywhere he would be able see them.
The trial is scheduled to begin at 9 a.m. today with instructions for the jury and opening statements.
______________________
JENA, La. -- An all-white jury was seated Tuesday, to hear the case against the first of the "Jena Six" _ a group of black youths accused of beating a white fellow student amid racial discord at a central Louisiana high school.
Five women and a man will hear opening arguments Wednesday morning at the courthouse in LaSalle Parish, where the black population is only about 12 percent.
Justin Barker The approaching trial had led to allegations of racism from parents of the accused, who said the original charges _ attempted second-degree murder and conspiracy to commit second-degree murder _ were out of proportion to the crime. The charges carry a combined sentence of 80 years.
However, prosecutors on Monday reduced the charges for Mychale Bell, the first of the teens to go on trial, to aggravated second-degree battery, which carries a sentence of up to 15 years, and conspiracy to commit aggravated second-degree battery, which carries a maximum sentence of 7 1/2 years.
It is unclear when or whether prosecutors intend to change charges for the other defendants _ four still facing attempted murder and conspiracy charges, and a juvenile whose name and charges have not been made public. LaSalle Parish District Attorney Reed Walters has refused to publicly discuss the case.
Aggravated second-degree battery involves use of a dangerous weapon, according to state statutes.
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Jury selection begins in Bell trial
Town Talk staff
JENA -- Jury selection began this morning in the trial of Mychal Bell, one of the six Jena High School students charged in the Dec. 4 fight at the school that, according to court records, left the victim unconscious and in a hospital emergency room.
As jury selection began, authorities forced the handful of protesters holding signs to stand across the street and not on the courthouse lawn so as not to interfere with witnesses reporting to the trial in the courtroom of 28th Judicial District Court Judge J.P. Mauffray Jr.
More than 35 witnesses were expected to be called in the trial of Bell, 16, who on Monday had his charges reduced from attempted second-degree murder and conspiracy to commit the same to aggravated second-degree battery and conspiracy to commit the same.
Among the trial witnesses are Bell's parents, Melissa Bell and Marcus Jones, who said they were upset that because they could be called to testify, they could not be in the courtroom with their son. They said they also were upset that another potential witness, victim Justin Barker, was allowed in the courtroom.
State law, though, does allow crime victims to attend the trials of their accused. Inside the courtroom, all of the seats were filled as 50 to 60 potential jurors were questioned.
Outside, bystanders and media -- including a truck and crew from CNN Live -- milled about. Jury selection was expected to continue through the early afternoon, and witnesses were told to report back to the courthouse at 3 p.m. If convicted on all charges, Bell could be sentenced to as many as 30 years in prison.
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- - - - - - - - - Mychal Bell's attorney Blane Williams enters the LaSalle Parish Courthouse in Jena, La., Tuesday, June 26, 2007. Prosecutors reduced charges against a black high school student a day before he was to go on trial Tuesday in the beating of a white student amid escalating racial tensions. Mychale Bell and four other black students faced up to 80 years if convicted of attempted murder and conspiracy to commit murder in the December beating.
JENA, La. -- Caseptla Bailey describes this north Louisiana town as quiet _ but with an inescapable undercurrent.
"This is a good town to live in for things like no crime, it being peaceful," Bailey said on Sunday. "But it's very racist and they don't even try to hide it. It's like, stay in your place or else.
Bailey's son is one of five black students facing attempted second-degree murder charges for beating a white student in December, the climax of weeks of racial tension that included nooses hanging from a tree in a school courtyard. Two of the black students were to go on trial Tuesday on the charges, which supporters say are way out of line. "The detective investigating told me it would be simple battery," Bailey said. "My son has never been in trouble before. He's never done anything wrong, now he's facing this. How can that be?"
The five students, plus a juvenile whose name and charges have not been made public because of his age, have been dubbed the "Jena Six."
The two facing trial this week are Theodore Shaw and Mychale Bell.
Robert Bailey Jr., Bryant Purvis and Carwin Jones face trial on the same charges, but no date has been set. Shaw and Bell, have been jailed since their arrests, unable to make $90,000 bond.
Jena is a town of 2,900, with about 350 black residents. Last August, a black student at Jena High School, Kenneth Purvis, was told by the school principal that he could sit in the school courtyard under a tree traditionally used by white students.
The following morning, three nooses were hanging in the tree when students arrived at school. Whites in the little town may have dismissed it as a tasteless prank, but in the black community it had far more gravity. "It meant a lynching," Bailey said. "Everyone knew what it meant." Jena High School's principal recommended expulsion of the three students who hung the nooses. But they ended up serving a suspension instead. "That just set all the black kids off," said John Jenkins, father of Carwin Jones. "Wasn't that a hate crime? If anyone was going to be charged, shouldn't they have been?"
The racial tension led to a series of fights between white and black students, Bailey and Jenkins said. On Dec. 4, Justin Barker, who is white, was attacked at school by a small group of black students. District attorney Walter Reed and school officials did not return calls for comment. "I don't know what's going on," said Bryant Purvis, father of Billy Purvis.
"I know the election is coming up. Looks like they are playing politics with our kids lives." Jones, who played football, basketball and track, had enough credits to graduate, Jenkins said.
He was not allowed to participate in the graduation ceremony, however. Jones is working now, Jenkins said. He had several offers of athletic scholarships for college, Jenkins said. But those disappeared when the charges were filed. Copyright 2007 The Associated Press. All rights reserved.
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Charges reduced against Bell
Town Talk staff - 25 June 2007
JENA -- LaSalle Parish District Attorney Reed Walters this afternoon reduced the charges faced by Mychal Bell -- one of the six Jena High School students charged in a Dec. 4 fight at the school -- to second-degree aggravated battery and conspiracy to commit second-degree aggravated battery. He, along with five other students charged in the fight -- together called the Jena Six -- had faced charges of attempted second-degree murder and conspiracy to commit second-degree murder.
Earlier this morning, a plea agreement for a lesser charge was turned down by another member of the Jena Six, Theodore Shaw, who is on trial this week in the courtroom of 28th Judicial District Court Judge J.P. Mauffray Jr.
Shaw's attorney, Tim Shumate, tried to persuade him to plead guilty to aggravated assault, a felony, against the wishes of Shaw's father, Theodore McCoy. "We are confident to go to trial," McCoy said.
"They are trying to avoid trial because they don't have a case."
Standing, from left, John Jenkins, Melissa Bell, Tina Jones and Marcus Jones talk before entering the LaSalle Parish Courthouse in Jena, La., Monday, June 25, 2007. Jenkins' son, Carwin Jones, is one of five black students facing attempted second-degree murder charges for beating a white student in December.Louisiana Teen Convicted
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