JENA RACIAL ISSUES SPILL OVER
FROM SCHOOLS TO CRIMINAL COURT
Lack of Public Defender Resources?
The Criminal Justice Community is discussing recent unfortunate events in Jena, LA, located in LaSalle Parish, resulting in the arrest of at least six African American high school students on charges ranging from aggravated robbery to attempted second degree murder. Some say the circumstances surrounding these arrests paint a disturbing picture of a community mired in racial tension and a criminal justicesystem that appears to be pursuing charges only against blacks involved in the controversial issues. A recent posting on the La Association of Criminal Defense Lawyers website by Jason Williamson and Barry Gerharz of New Orleans (504) 522-5437 (office) raises questions about bias in law enforcement and the availability of defense lawyers:
"Information included below was gathered through a review of local print media, as well as discussions with staff members at a local radio station that is covering the story and the parents of three of the youth involved. "
"On the morning of Friday, September 1, 2006, the students at Jena High School arrived at school to find two hangmans nooses dangling from a tree on campus. The nooses were hung in response to an exchange that had taken place the day before during a school-wide assembly. According to news reports, a Black student stood up during the assembly and asked the school principal, Mr. Scott Windham, whether he and the other Black students could get permission to sit beneath a particular tree during lunch, along with the white students who sat there on a daily basis.
Mr. Windham informed the students that they could sit wherever they wanted during lunch. Apparently, this did not sit well with some of the white students. After investigating the incident, three white students were identified as having been involved in hanging the nooses from the tree following the assembly. The students were then suspended for three days and sent to an alternative school pending their expulsion hearings. The principal, Mr. Windham, subsequently recommended that the three white students be expelled from the school. However, his recommendation was overridden by LaSalle Parish Schools Superintendent Roy Breithaupt."
"The basis of Mr. Breithaupts decision is not entirely clear, but the three youth were allowed to return to school the following week. It does not appear that the school informed the police of the incident, nor that any criminal charges were filed against these youth. As one might imagine, many community members were outraged by the incident and unsatisfied by the disciplinary action taken by the >> school. Since that time, racial tensions have continued to run high at the school, as well as in the larger community."
"In addition to being, by most accounts, a racially segregated community, Jena was also the site of a juvenile prison that JJPL helped to close down in May 2000, due in large part to brutality and racism that infested the facility. In fact, the Jena Juvenile Correctional Center for Youth was forced to close its doors less than two years after it opened in December 1998."
Recent Incidents
School Building Fire
"On Thursday, November 30, 2006, the main school building at Jena High School was destroyed by a massive fire. Local authorities are treating the incident as a case of arson and are currently conducting an investigation into the incident. Although there appeared to be nothing to suggest that the fire was related to the racial conflicts at the school, the events that followed indicate that there may be some connection.
Off-Campus Altercation
"On Friday, December 1, 2006, three 17 year old African American youth arrived at a party held at a local banquet hall in Jena. According to the mother of one of the youth, the three young men had been invited to the party by one of their white female classmates. Upon their arrival, one of the youth was approached by a young white man who asked the youth his name. When he responded, the man allegedly punched him in the mouth, setting off a larger fight involving the three Black youth and the young white men/boys attending the party. The police arrived soon thereafter.
However, no one was immediately arrested as a result of the incident, though the man was later arrested for simple battery. According to a parent of one of the African American youth, police then told the blacks to "get their Black asses out of this part of town." The three young men left the scene without further incident."
Convenience Store Altercation
The following day, Saturday, December 2, 2006, the same three African American youth arrived at a local convenience store called Gotta Go. The youth report that one of the young white men who was involved in the altercation the night before saw them in the store and approached them. According to them, this individual began making comments toward them and brandishing a shotgun he had with him. Another altercation ensued and the three youth were able to take possession of the shotgun. They then left the scene with the gun, but did not use the weapon at all. They were stopped by the police later that day, arrested, and eventually charged with aggravated second degree robbery and conspiracy to commit second degree robbery for taking the shotgun."
On-Campus Altercation
"The final incident occurred the following Monday, December 4, 2006. According to parents and community members, one white student at Jena High School used a number of racial epithets, including referring to the African American students as 'niggers.' In response, five African American students allegedly jumped the white student on campus grounds.
Parents, as well as local news reports, indicate that the white student was taken to the hospital after the fight, treated for minor injuries, and released. In fact, one parent stated that he saw the white student at the junior class ring ceremony held later that same evening. The five African American youth were arrested and initially charged with aggravated battery. However, upon arriving in court for their initial appearance, the district attorney (Mr. Reed Walters) upgraded the charges to attempted second degree murder and conspiracy to commit second degree murder."
"It should be noted that two of the three youth involved in the convenience store altercation were also part of the group of five that is now facing attempted murder charges. In all, there were six African American youth charged in connection with the above incidents. As of December 15, four of the six youth are being held at the LaSalle Parish Jail."
"As of right now, none of the youth have retained an attorney and none have been appointed. They have not yet been given dates for arraignment. A private attorney based in Alexandria, visited Jena and met with the parents, according to parents who attended the meeting, she indicated that she was interested in helping, but that her fee would be roughly $10,000.
"Parents and community members are obviously distraught about what has transpired and are looking for help from whoever may be willing. The first priority is to identify any attorneys that would be willing to represent these youth on their criminal charges, preferably for free or at a reduced rate. It seems particularly important to find representation for these youth as soon as possible, given that (according to one parent) the police are now trying to pressure the youth into providing information about the alleged arson that occurred at the school last week. We are asking that members of the Louisiana defense and social justice community get involved. If you have any questions or want to help, please contact Jason Williamson at the number or email listed below."
Jason Williamson
New Orleans, LA 70113
(504) 522-5437 (office)
jwilliamson@