By JANET McCONNAUGHEY, Associated Press Writer
Fri Sep 14, 6:52 PM ET
NEW ORLEANS - A state appeals court on Friday threw out the only remaining conviction against one of the black teenagers accused in the beating of a white schoolmate in the racially tense north Louisiana town of Jena.
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Mychal Bell, 17, should not have been tried as an adult, the state 3rd Circuit Court of Appeal said in tossing his conviction on aggravated battery, for which he was to have been sentenced Thursday. He could have gotten 15 years in prison.
His conspiracy conviction in the December beating of student Justin Barker was already thrown out by another court.
Bell, who was 16 at the time of the beating, and four others were originally charged with attempted second-degree murder. Those charges brought widespread criticism that blacks were being treated more harshly than whites after racial confrontations and fights at Jena High School.
Bell's attorney Louis Scott said he didn't know whether his client, whose bond was set at $90,000, would get out of jail immediately.
"We don't know what approach the prosecution is going to take — whether they will re-charge him, where he would have to be subjected to bail all over again or not," Scott said.
Civil rights leaders, including the Revs. Jesse Jackson and Al Sharpton, had been planning a rally in support of the teens for the day Bell was to have been sentenced.
"Although there will not be a court hearing, we still intend to have a major rally for the Jena Six and now hopefully Mychal Bell will join us," Sharpton said in an e-mailed statement.
Said Jackson: "The pressure must continue until all six boys are set free and sent to school, not to jail."
Jena is a mostly white town where racial animosity flared about a year ago when a black student sat under a tree that was a traditional gathering place for whites. A day later, three nooses were found hanging from the tree. There followed reports of racial fights at the school, culminating in the December attack on Barker.
The reversal of Bell's conviction will not affect four other teenagers also charged as adults, because they were 17 years old at the time of the fight and no longer considered juveniles, said attorney George Tucker of Hammond.
Prosecutors have the option of appealing to the state Supreme Court. District Attorney Reed Walters did not return a call Friday.
Judge J.P. Mauffray had thrown out Bell's conspiracy conviction, saying it was not a charge on which a juvenile may be tried as an adult. But he had let the battery conviction stand, saying Bell could be tried in adult court because the charge was among lesser charges included in the original attempted murder charge.
Teenagers can be tried as adults in Louisiana for some violent crimes, including attempted murder, but aggravated battery is not one of those crimes, the court said.
Defense lawyers had argued that the aggravated battery case should not have been tried in adult court once the attempted murder charge was reduced.
The case "remains exclusively in juvenile court," the Third Circuit ruled.
http://news.yahoo.com/s/ap/20070914/...s/school_fight
Um....................they tried to kill somebodySaid Jackson: "The pressure must continue until all six boys are set free and sent to school, not to jail."
They tried to kill somebody or it was a fight?
6 on 1 aint much of a fight.
I agree it was a pussy dishonorable thing to do, but people get jumped all the time without murder charges. There should have to be some evidence that they were really attempting to murder someone not just jump them.
yeah they were planning a teaparty...but people get jumped all the time without murder charges. There should have to be some evidence that they were really attempting to murder someone not just jump them
So you're saying that every time there is a fight the intention is murder?
I know i've been in a few fights but my intention was never to kill
Damn i'm glad all I had to do was run in athletics when I got in a fight as a kid
I really got away with murder!
My point is whatever crime they committed, they should still go to jail. Not school
I thought the battery charge still stuck?
They should still be hit with an assault charge, but not aggravated assault or attempted murder. They should do some time in juvi, not 16 years in the pen.
Eh, who am I kidding. They're already showing a propensity for violence and a gang mentality at a young age. All this means is that they'll just have to be tried again when they actually do murder someone. No big deal.
While I see the other side of the argument "Oh they were in a fight...they tried to kill someone..." Check this out and follow the link. While it's just facebook it may give you all a sense of the support for the boys.
Last September, at a high school in Jena, Louisiana, a black student asked if he could be allowed to sit underneath the big leafy tree in the school's hot courtyard. Previously, only white students were allowed to sit there. The next day, three nooses hung from the tree. All the black students were outraged and sat under the tree together. Soon, the local police and district attorney showed up. "I could end your lives with the stroke of a pen" said the district attorney to the mass of students.
In Jena, 85% of the population is white. The blacks were scared. Tensions continued to rise for the next few months. A black student was beaten up at a white party. Two black students were threatened with a sawed-off shotgun in a convenience store.
Finally, on December 4, 2006, the tensions rose to a boiling point. A fight broke out at school and a white boy was injured and taken to the hospital. He was released later that day and was smiling with his friends before the sun set. Six black students who participated in the fight were charged... with attempted murder. No one came even close to dying that day.
At one time, these six young boys and futures, hope, now they face up to 100 years in prison. One boy has already been tried, by an all-white jury. He was convicted of aggravated assault. In Louisiana, for aggravated assault to occur, a deadly weapon must have been used. In this case? The weapon was a pair of tennis shoes. The boy faces sentencing on July 31, he could serve up to 22 years in prison. The other five boys still face second-degree murder charges and 100 year sentences.
http://tlu.facebook.com/group.php?gid=2870190990&ref=mf
Another day, another opportunity for Jackson and Sharpton to get some camera time.Civil rights leaders, including the Revs. Jesse Jackson and Al Sharpton, had been planning a rally in support of the teens for the day Bell was to have been sentenced.
"Although there will not be a court hearing, we still intend to have a major rally for the Jena Six and now hopefully Mychal Bell will join us," Sharpton said in an e-mailed statement.
Said Jackson: "The pressure must continue until all six boys are set free and sent to school, not to jail."
CNN Tonight 8 ET/7 CT Judgment in Jena.
and throughout the day their marching and stuff.
Show your support by wearing black or green.
it's pretty sickening.
the kid was treated & released on the same day and went to a party that very night. i seriously doubt they tried to kill him.
I know you have a pretty strong opinion about the topic, which is in the political forum. I just saw the picture of Justin Barker (the kid the was beaten). It was pretty darn bad. I mean, obviously not "attempted murder" bad, but then take a look at where you are. And that's the root of the issue. It's a sad thing.
race card always works
I think it's way past the "race card."
That's why I carry a gun.
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