Tuesday, October 2, 2007

Proof the Jena 6 Saga is Bogus

A black reporter from Kansas City blows the lid off the widespread deception and fabrications concerning the Jena 6 thugs. It's about time the mainstream media figured out what some of us knew from the start- it was hogwash.

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Jena 6 case caught up in whirlwind of distortion, opportunism
By JASON WHITLOCK

Source: Kansas City Star

JENA, La. | Jesse Jackson, Al Sharpton and talk-show hosts certainly feasted on the racial unrest in this tiny central Louisiana town.

But it would be unfair to claim they threw the match that ignited the Jena Six case into a global blaze of hostility and misinformation.

That distinction belongs to Alan Bean, a 54-year-old white, self-proclaimed Baptist minister from Tulia, Texas.

“Do I know him?” was LaSalle Parish District Attorney Reed Walters’ sarcastic and dismissive response when I asked about Bean during a 45-minute interview.

“People are reluctant to say it,” said Craig Franklin, editor of the Jena Times, “but there is no doubt that Alan Bean created all of this.”

This is different things to different people. To some, this is a long overdue civil-rights reawakening, which points out pervasive racism in the South and in our justice system. To others, this is a horrific public-relations crime against the white people of Jena and irreparable damage to race relations in the poor oil town. And to some dispassionate observers, this is an unfortunate situation being exploited by white and black racial extremists.

On Sept. 20, when Jackson, Sharpton and Jena Six family members led competing rallies in support of six black youths accused of brutally attacking a white classmate, this — more than 20,000 marchers — was something no one in Jena could ever imagine.

But Alan Bean could.

Bean — the creator of Friends of Justice, an organization primarily dedicated to helping poor minorities victimized by our justice system — had warned prominent members of the Jena community as early as January that the town would be painted as racist by the national media if Walters didn’t back down.

“I told them I was going to bring media attention to this situation, and it was likely the same thing would happen to them that happened to my little hometown,” Bean said by phone on Friday. “Tulia got a bad rap, a rap it probably didn’t deserve. But the media doesn’t do its job. It’s in the entertainment business.”

“Tulia” refers to the case that made Bean and Friends of Justice a player in the world of American criminal justice. In the late 1990s, Bean exposed a corrupt cop in his hometown. More than a dozen drug convictions against minorities were overturned because of Bean’s work. Tulia was labeled as racist, and Bean became the person to call if you thought the police and/or a prosecutor were exploiting you.

A lawyer in New Orleans put Bean and parents of the Jena Six in contact with each other in December. Within three months, Bean had researched Jena and the events surrounding the assault, and published a 5,400-word narrative titled “The Making of a Myth in Jena, Louisiana” and a 2,400-word, media-friendly narrative titled “Responding to the Crisis in Jena, Louisiana.”

These two pro-defense narratives form the outline for most of the world’s understanding of the case. Bean connected the December assault on Justin Barker to the September noose hangings, to Reed Walters’ infamous “I can ruin your life with the stroke of a pen” statement at a hastily called school assembly, and to separate off-campus confrontations between Robert Bailey and white men on the Friday and Saturday before the attack on Barker.

Walters said Wednesday he’d never heard that the attack on Barker had anything to do with the noose hangings until the defense filed motions in the spring to recuse him from the case.

Bean said he first spoon-fed his narratives to Tom Mangold of the BBC because Mangold had worked with Bean on the Tulia drug cases. The BBC filmed a documentary on the Jena Six titled “Race Hate in Louisiana.” Bean said he then gave the Jena Six story to newspaper reporter Howard Witt of the Chicago Tribune, which published a similar story on May 20.

“I put it in the hands of people I knew would do a good job with the story,” Bean said.

Bean also gave his story to a blogger, Jordan Flaherty, and a law professor, Bill Quigley. From all of these sources the story mushroomed and became fact.

The Jena Six beat up Justin Barker because they were still angry about the lack of sufficient punishment given to white kids who hung nooses on a whites-only shade tree, and the six were railroaded by an overzealous district attorney who failed to properly prosecute white men who viciously assaulted Robert Bailey and later pulled a shotgun on Bailey and two others at a convenience store.

Walters, police investigators, school officials and some Jena residents say Bean’s story is hogwash. There is at least some legitimacy to those claims. Bean’s story and subsequent posts on his Web site contain factual errors.

The three kids responsible for hanging the nooses were given more punishment than just a “few days of in-school suspension.” They went to an alternative school for nine days and received two weeks of in-school suspension, LaSalle Parish school superintendent Roy Breithaupt said.

But more than the factual errors, Bean’s story is framed — by his own admission — as an indictment of the criminal justice system and the people in power in Jena and, therefore, the story is unfairly biased. Bean never examined the other forces at work that contributed to the Jena Six assault and Walters’ heavy-handed approach to justice as it relates to the alleged perpetrators.

“I didn’t know,” Bean said when asked whether he knew of defendant Mychal Bell’s violent juvenile history when he was crafting his narratives. “I never talked to Mychal’s family, and I never talked to Mychal. He was in jail. I knew he had a history for getting into trouble. I knew he was a kid at a crossroads.”

Bean also didn’t know that in fall 2006, Bell, who 16 at the time, was living with his then-18-year-old best friend John McPherson and McPherson’s then-16-year-old wife, Ashley, in a three-bedroom trailer. The McPhersons are white. Bell is the godfather to their 18-month-old daughter.

Bean has a very idealistic view of the Jena defendants.

“These are fun-loving, impetuous, athletically gifted black males that don’t drink and don’t smoke, and they go to church as well,” he told me.

The church-going contention flies in the face of what Rev. Jimmy Ray Young, pastor at L&A Baptist Church, said Wednesday.

“None of these boys have been in church except when Al Sharpton was in town,” Young complained. “I’ve told the ministers we need to get these boys back in church.”

Walters claims that Bean and the media have distorted other key elements in the case.

Bean reported that Walters directed his “stroke of the pen” remark at black students when the school called an assembly to quell protests of the noose hangings. Some pro-Jena Six chain e-mails create the impression that Walters met privately with black students and threatened them. Not true, Walters and police say.

Paul Smith, Jena’s chief of police, says he and sheriff’s investigator Jimmy Arbogast called Walters to the school after a student took a swing at Smith when he was breaking up a fight between students.

“Tensions were high. Everybody was upset,” Arbogast said. “We wanted Reed to explain to them that, ‘Hey, look, you have to think for a minute. Look what age you are. Y’all are in high school.’ ”

Flanked by Arbogast and Smith, Walters addressed the entire student body. He said he began by telling the students about an aggravated rape case (possible death penalty) that he was considering.

Walters recalls saying: “ ‘I can be your best friend or your worst enemy. With the stroke of a pen I can make life miserable on you or ruin your life. So I want you to call me before you do something stupid.’ That last part doesn’t get reported. It doesn’t make good press.”

Bean also wrote that three days before the Jena Six assault a white man, Matt Windham, pulled a shotgun on Bailey and two others. He wrote that they wrestled the gun away from the man and ran off, and that Walters charged them with a crime rather than the white man.

The police contend that Windham — not the boys — called the police, claimed the boys threatened him, chased him back to his vehicle and wrestled his gun away. The police also say that two uninvolved female witnesses backed Windham, and that’s why the boys were charged.

Bean also mischaracterized the simple battery that Bailey suffered at the Fair Barn party four days before the attack on Barker, according to Walters, police, several witnesses and Bailey’s statements to police.

“Robert Bailey Jr. was attacked by a savage white mob at a local dance,” Bean wrote. “True, he wasn’t knocked unconscious — but that is just a matter of aim and good fortune. He was punched, he was kicked, and he was smacked over the head with a beer bottle (and he’s got the scars to prove it).”

Walters, who prosecuted Bailey’s lone attacker (Justin Sloan), said there was no mob attack. It was simply a dispute at the door of a mixed-race, invitation-only party that Bailey was denied access to.

“It wasn’t a fight,” Walters said. “Robert Bailey didn’t swing. He didn’t do anything. The kid hit him, knocked him down. No beer bottle, no anything. There was no statement of the victim at that time indicating any weapon was used. … The defendant (Sloan) was arrested on a simple battery. He was prosecuted on a simple battery. He pled guilty to a simple battery.

“It was only after the fact that I learned that a beer bottle was involved, that stitches were involved,” Walters continued. “And I checked after the fact with my local hospital: Did this happen? The information (about a beer bottle) came up in a motion to recuse me from the current charges. That’s the first time I’d heard about that.”

Ironically, Bean is now growing frustrated with the way the case has turned, particularly since Jackson and Sharpton got involved. He said they wouldn’t return his calls. He indicated there was a riff between the Bailey (Bean camp) and Bell (Sharpton camp) families.

People in Jena say the feud is over money. The families are handling the donations to the Jena Six defense fund. Robert Bailey recently posted and took down MySpace photos of himself and another Jena Six defendant with wads of $100 bills stuffed in their mouths and splashed across their bodies.

“I can tell you there is no misappropriation of the funds,” said Bean, adding he was not being paid for his services. “I’ve been there and seen them handling the checks. Where Robert got his hands on that money, I don’t know. He’s a kid. It was a stupid thing to do.”

As for Bean’s thoughts on Jackson and Sharpton?

“I’m not at all comfortable with the way this has been handled by the Jackson and Sharpton folks,” Bean said. “What’s wrong is that Jesse and Al have tried to turn this into an old civil-rights story in which Mychal Bell emerges like Rosa Parks, and that’s not right. These guys (Jackson and Sharpton) have lost their gravitas, lost their credibility. People are really tired of the same old 1960s shtick.”

Based on the crowds in Jena on Sept. 20, I’m not so sure.

1 comment:

Anonymous said...

Jena High School students,teachers and administrators say that students of both races congregated beneath the tree and that the tree was never officially or unofficially reserved for white students. According to the Jena Times, the black student who requested permission at an assembly posed the question in jest. The paragraph below is taken from the Jena Times chronology of events:

"August 30, 2006: During a Wednesday assembly of all males at Jena High School, many items were discussed concerning rules and policies of the school for the new school year. Such items included dress codes, etc. Near the end of the assembly, one black student jokingly asked Assistant Principal Gawen Brugess if black students were permitted to sit underneath
the tree in the center of the square located in the center of the campus. The question evoked laughter from everyone at the meeting, including the black students, with Burgess responding, "Don't even go there. You know you can sit anywhere you want." Burgess and the rest of the students knew the remark was made to gain laughter as a joke, not as a serous question. A couple more jokes were also made (not about the tree) before the lighthearted assembly was dismissed."

Jena High School administrators, teachers and students also say there was never a protest beneath the tree following the noose-hanging incident.

Following the beating incident, the Justice Department reopened its
investigation into the noose-hanging incident and determined there was no link between the nooses and the attack on Justin Barker at Jena High School. U.S. Attorney Donald Washington told CNN that, "A lot of things happened
between the noose hanging and the fight occurring, and we have arrived at the conclusion that the fight itself had no connection." He added that none of the black students involved in the beating made "any mention of nooses, of trees, of the 'N' word or any other word of racial hate."

According to CNN, federal official also examined the way the school handled the infractions and whether black students were being treated differently than white students. Washington told CNN that they discovered "it was not unusual
for the school superintendent to reinstate students after the principal recommends expelling them." Washington also told CNN that the 16-year-old defendant, Mychal Bell, has "several previous assault charges on his record."

The CNN story ("U.S. Attorney: Nooses, Beating at Jen High Not Related") is online at http://www.cnn.com/2007/US/law/09/19/jena.six.link/index.html

As Washington pointed out, none of the black students accused of assaulting Barker allege that Barker taunted them or used racial slurs. Witnesses to the beating said that Barker never spoke to the black students and was
unaware of their presence until he was attacked. Two of the Jena Six denied they were involved in the beating and the others said they were angry because they overheard Barker discussing the fight at the private party.

The fight at the private party did not involve white students or white kids, it involved some members of the Jena Six and white adults. Both blacks and whites were invited to the private party at the Jena Fair Barn. Trouble
started when a group of uninvited black youths, including Robert Bailey, attempted to crash the party. When one of the hosts, a white woman, asked them to leave, they refused. Rather than calling police to eject the party crashers, a 22-year-old white male named Justin Sloan confronted the party crashers and hit Robert Bailey. Sloan was charged with simplebattery. He pled guilty to the charge and was granted parole because it was his first offense.

The Jena Police Department and prosecutor's office have repeatedly refuted allegations Sloan hit Bailey with a beer bottle are false or that the fight
involved gangs of white kids are false. These allegations began appearing in blogs only after the Jena incidents drew national attention. In his police
statement, Bailey says merely that Sloan and Matt Windham, a 21-year-old male, hit him. He doens't mention being hit with a bottle. To date, Sloan is the only person convicted and sentenced in connection with the Jena Six incidents. It is unclear why Windham wasn't charged

The incident at the convenience store involved Windham, Robert Bailey and two other black students. The black students say that Windham approached them with a shotgun as they stood in front of the store and threaten to shoot them. They claim to have wrestled the shotgun away from him. Windham
says the black students recognized him as he was about to enter the store and that Bailey yelled out, "Hey, we got action!" Windham alleges that the three chased him to his truck in the parking lot, where he drew an unloaded shotgun from the back seat in an attempt to defend himself. He alleges the
black students wrestled the empty shotgun away from him, beat him up and left with the shotgun. Witnesses, including the store employees who called police and a customer who was filling her car with gasoline supported Windham's version of the altercation. Windham was treated for injuries at a local hospital and released. Police arrested the black students and charged them with aggravated robbery and theft of a firearm.

Three circumstances or a combination of those circumstances elevate charges of simple battery to aggravate battery: (1) a deadly weapon is used, (2) serious bodily injury is inflicted, and (3)the victim is vulnerable, defenseless or helpless. Sloan was charged with
simple battery rather than aggravated battery because he did not use a weapon, and no serious injures were inflicted (Bailey did not require medical attention). The Jena Six have been charged with aggravated battery because serious injuries were inflicted (Barker required medical treatment
and his medical expenses, according to his attorneys. are estimated at $14,000) and because the attack continued after Bailey lay helpless and unconscious on the ground.

(The police documents relevant to the Jena Six incidents, including police statements made by alleged victims, alleged assailants and witnesses to the events, are posted near the bottom of the page at http://www.evangelicaloutpost.com/http. The site includes the medical report on Barker's injuries.)

The local prosecutor said he didn't prosecute the students accused of hanging the nooses because he could find no applicable Louisiana law to
charge them under. This does not indicate unequal treatment. Walters also filed no hate crime charges against the Jena Six for the beating of Justin Barker. Louisiana has no applicable hate crime laws.