Bell Travesty

[JenaSix Defense]

The several concerns related to the Mychal Bell plea deal.  

The first thing is:  Mychal Bell is reportedly perplexed and betwist and between his eventual acceptance of the plea deal.  It is reported that Mychal is at one moment, thoughtful that he made the right decision & at the next moment concerned that it was absolutely the wrong decision.

The questions at hand are basicly:

      1.) -Why wasn't the double jeopardy motions filed in the 3rd Circuit Court of        Appeals.  After the November 6th hearings, it was thought by Mychal & Marcus Jones that a double jeopardy question would be answered in the appeals court.

      2.) -A civil rights suit was never filed.  Mychal's civil rights were violated in several instances, within the attorneys knowledge and such a suit was discussed, yet no such suit was filed.  A civil rights suit for the perpertrating of "unequal justice" as it is still ongoing at the present moment.

     3.) -Why wasn't a civil damages suit filed also; with seven lawyers, each one could have taken a different area, and filed different motions.

    4.) -Why weren't the other legal resources, such as Howard University, National Black Caucus, Louisiana Legislative Black Caucus, National Bar Association, Harvard Law School, NAACP LDF, Law Schools in Southern California and various other legal groups and entities.

    5.) -To what purpose was it to allow these resources to remain dormant after all of the support from young americans & all the Civil Rights Leaders, locally, in  the state, nationally & internationally.  (In the July 31st march of 300 participants, Africans, Asians and other foreign nationals were there. The Sept. 20th march included Palestinian activist.)

  6.) -When the 3rd Circuit Court of Appeals, threw out the Adult Conviction, saying the prosecutor and the judge illegally locked Mychal up, illegally prosecuted Mychal and illegally attempted to sentence him, why didn't the defense file and immediate suit for these illegal activities.

  7.) -The ALLEDGED PLEA deal.  In the plea deal the lawyers could not appeal any thing.  Mychal was "forced" to take the deal.  

[He was constantly "advised", harangued and pressured in to taking the deal, particularly on that Dec. 3rd date.  Bob Noel and Peggy Sullivan were constantly, verbally imploring Mychal to take the plea deal. All the while the lead attorney Louis G. Scott, agreeing nodding and verbally.]

The Sunday prior to the Dec 3rd court date, in the midst of all this going on; Mychal was said to have been approached by the lawyers Scott & Lexing as to their representing him in legal contracts, involving movie deals & books.  (Mychal is said to be appalled and answered definitively no.)

   8.) -In the plea deal Mychal would have to testify for the state; to the truth.  This in effect made the other boys, their parents & families think that Mychal was to testify against the other six - an absolute caucasian trick.

  9..) -In the plea deal, the parents had to pay the cost of court.

  10.) -In the plea deal the parents had to pay their portion of the of the medical expenses.

  

  11.) -In the plea deal the parents had to continue paying child support to the state for Mychal to be housed in the facility of his incarceration until 18 years of age..

   This was something unknown & not heard of before by many officials of the 

    juvenile system.

  12.) And unltimately the ATTORNEYS had to withdraw all motions on the table at that present moment, and forego any future litigations in civil court or otherwise.

This plea deal compromised, the court proceedings for all the other defendants, in that after Mychal pled guilty, an alledged, suit for damages stamped November 29th 11:56am was filed in the Clerks office.  It would appear that the, constant pushing and prodding was to satisfy this  DEADLINE..  

Now, the other defendants according to Daryl Hickman, on Tony Browns show, would be reluctant to admit guilt with a suit looming, after the fact of the first pleading.  It would appear, that all attorneys would have to be on board for a plea, and in some instances without their clients knowledge.   

At the least in the Bell scenario the client(s) were misled into thinking a double jeopardy motion would be filed, all the way up to the last moment.

WHO KNEW WHAT, WHEN?  That is the questions

  12.) 

 

   8.) -

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[Rhonda Browning]

I have seen this kind of manipulation before and it is not so much racism as its ugly cousin, classism.  Some rich folks, white and black were in a position to get money and publicity by taking on the case so they manipulated a poor country boy who was not sophisticated and did not fully understand the implications of what he was doing.  This happens all the time both with poor urban people who are encouraged to plead guilty and rural people. America has the advantaged and the disadvantaged and there is a large black middle class whose parents held three jobs to make sure their kids got a college education so they could have more than the parents did.  And then these same kids turn around and put Mama in a nursing home when she gets Alzheimers and treat kids who are still in the projects as somehow less than they are.  They join the white people who might be 2nd or 3rd generation middle class and look down on the poor just lilke middle class white folks often do.   
 
I know this sounds ugly or impossible, but I saw it a lot in the public schools where the teachers would get a new group of kindergarteners every year and talk about how each group was worse than the last.   I have also seen school administrators who were first generation middle class---grew up in the same projects their students--- did and both talk about the children and make school difficult for them and also, on the other side be prejudiced against white people.  It is like they are ashamed of their roots instead of learning from them.
 
This is the second face of racism.  It is called classism.  Other cultures reach down and pull up its members who have not made it yet but Americans don't want to do that.  AFter Katrina the people who were not affected looked down on those of us who were, though we were somehow less, that Katrina was our fault.  Another teacher told me, once I finally got a job,  "You're an educated woman.  You should have been able to get over it right away".  Yes, I was an educated woman, alot more educated than she is, to tell the truth.   But I lost my job, my work clothes, all my stuff and was isolated out in the country.   Then the trailer made me sick.  The jobs were not available and what were were at wages that were totally unacceptable.  I was told I could substitute teach for $44 a day---a certified teacher with a Masters degree and 24 years of experience!  I made more on unemployment!  Does terrible things to the self esteem. 
 
The Bible says to love and care for one another.  Jesus did not look down on anyone.  That was the fight between Peter and Paul over who could be a Christian.  But all these people who go to church every Sunday, look down on people who are just as saved as they are and decide there is something wrong with them because they are poor. 
 
But that is what happened with Mychal.  With the quotes in the email, I figured that was what it was.  That child should be finishing school and applying for athletic scholarships.  People forget about his being a good student and a star athlete.  He should not be sitting in jail. Somebody needs to find him a scholarship so he can go on with his life when he comes out.   

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Date: Sun, 9 Dec 2007 21:34:45 -0800
From: jenasix.def...@yahoo.com
Subject: [JenaSixActionPlanning] Bell Travesty
To: ro...@phelps.com
CC: jenasixact...@googlegroups.com; john.c...@mail.house.gov

[Maxine Crump]

Rhonda,   Thanks for this authentic passionate message.  I agree with what you said here and I do hope we are able to help Mychal complete his education.  He needs as much help as possible to be restored as a confident citizen of America.  We need him to be whole, healthy and a viable citizen it makes all of us better when anyone is lifted up.   Maxine   -------Original Message-------

No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.17.9/1197 - Release Date: 12/25/2007 8:04 PM

[Irvin Peckham]

Sigh.

It’s not as if the drama weren’t obvious.  Mr. Bell should not be in jail.  Jail is not a good training ground for this young man.  Race, even submerged, is a part of this drama.  These young men should not be in jail.  Duh.

=========================================

Irvin Peckham

Director of the University Writing Program

Louisiana State University

ipe...@lsu.edu

http://www.english.lsu.edu/dept/programs/ugrad/firstyear

225-578-3040

==========================================

[Rhonda Browning]

Beyond this, the news seems to be trying to twist things around.  Last night they interviewed students who went to the march asking if they would have gone if they knew the burning was not racial.  There was no indication that any of the Jena 6 were involved in the burning.  However, the burning is apparently what lead up to the open animosity, the burning, the Superintendent threatening the black kids, the nooses and then the fight.
 
  Reportedly, black children were being taunted with the white children saying that they were the ones who burned the school.  It had started the animosity in the first place. 
 
The news, Channel 2, said that the students who burned the school were poor students who wanted to destroy school records. Looked like 2 black, 3 white and one debatable, plus they did not picture 3 who are still juveniles. (It will be interesting to see if there is sentencing disparity.) 
 
Jena 6 were all reportedly good students.  The noose hangers were poor students.  One was kicked out.  One dropped out. One graduated, but he was the son of a special ed. teacher and we are notorious for making kids finish school, so it probably was not his choice. (I once paid a boy $100 to bring me his diploma!)  The one they beat up also was kicked out, although they would not say why.  Now he has a lawsuit against the Jena 6  (an obvious ploy to get a piece of any money they are awarded from books, donations, appearances on talk shows, etc.)   
 
I did not like the attitude of the newscaster on Channel 2 implying that the burning had something to do with the protest. I don't think 9 even ran it except on the ribbon. (They seem to be getting a bit, "If it bleeds, it leads", lately.) I would bet half of them didn't know anything about the fire.  She seemed to be trying to put the Jena 6 in that.
 
There would be no political implications for Gov. Blanco pardoning all those boys--all the elections are over so she needs to go on and do it, rules or not. I sent her office an email about that. Those boys have suffered more than anyone should.  In Atlanta they would have gotten probation, time at the alternative school and community service!  (Judge Hatchett who is on TV now was the Juvenile Court judge for many years in Atlanta.)
 
This whole thing is so rotten to the core. Yes a travesty and also a waste. Mychal should be applying for scholarships not sitting in jail.  Our colleges need more smart young black men to be role models for the ones coming up and to reduce the stereotyping as much as for their own benefit. He was a top football player and a good student. I'll bet the judge did not even consider the value he was to his hometown as an LSU student and football star. (The one from Ascension Parish recently came back and the kids still in school were just worshipping him.) I hope he comes out an activist, but he is still most likely an innocent country boy at this point and will need to get some maturity---and probably some anger management skills. 
 
It's not over either.  That parish will be watched for years to come and people around the world will remember Jena 6.  It is as embarrassing as when David Duke ran for governor.  Embarrassed the whole southeast, that one did. We were definitely embarrassed in Atlanta. I think it was part of the impetus that got the confederate banner off the state flag.
 
 
Are any of the young activists who went to the march writing to Mychal and encouraging him? Mail means a lot to people in jail.  He also needs to know what is going on about the burning.


 

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Subject: [JenaSixActionPlanning] Re: Bell Travesty

Date: Fri, 28 Dec 2007 17:47:29 -0600
From: ipe...@lsu.edu
To: jenasixact...@googlegroups.com; ro...@phelps.com
CC: john.c...@mail.house.gov

[Impact Apostolic Ministries]

Praise Our God Christ Jesus the Lord God Almighty of whom I am His servant as well as yours!

 

This is Khalid:

 responding for Bishop, his acting assisting community liaison with One Louisiana Justice[1LaJustice], the special adjutant.

 

Greetings:

 

 You should know, Mychal Bell is not behind bars any longer, he is in the custody of the Office of Youth Development in Monroe, Louisiana.  Monroe is the Birthplace of Huey P. Newton; one of the original founders of the; government destroyed Black Panther Party from the 60's. 

 

KNOE-TV Weekend anchor Cynthia Milledge ran the story, last evening.  KNOE, through its news director is attempting to disenfranchise, Ms. Milledge.

 

There is more to the Bell story.  It involves a total "political fix", to get Mychal in this "foster home."

 

http://knoe.com/headlines/fullstory.php?id=181369

This is a link to the story.

Foster home!  The scenario that invented this, started when Jesse Jackson came to Jena & Bob Noel, mis-stated that a meeting was being held a Nolley Methodist Church in Jena, to discuss the, then; release of Mychal- the only thing was;  don't bring Jesse.

 

Mychal's father, insists; that on the day of the plea, it was Bob Noel & Peggy Sullivan; two of the attorneys, who were pushing the hardest for the plea acceptance. 

http://ap.google.com/article/ALeqM5g_B895UEtV38cUvZWav9zg08hh3QD8TD31BO0

---------------------------------------

http://www.washingtonpost.com/wp-dyn/content/article/2007/12/08/AR2007120801349.html

-----------------

 

NOW HERE THIS!!!!!!!!!!!!!!!!

There is a conspircay to subvert justice still on-going in Jena.  One of the juvenile, arrested for the fire is Justin Purvis;  not Bryant Purvis-one of the six- but his cousin JUSTIN PURVIS!

 

Justin Purvis is the boy who asked the quesition about sitting under the tree.  --The media, nor  the sheriff-ellect are saying this.

 

Still Khalid---

The political implications to Blanco is her intentions of being in national politics. The Democrats need Louisiana.  Right now the state's conservative sway -even in the klanish genre- will vote republican --Jindal---.  She said to John Denison of KNOE-TV the other day -- she would be involved in the national electoral process -- for 2008!

 

Bottom Line: The lawyers, the  politicians and all are pimping poor Mychal.  He's held hostage in the system.  Baisden's on vacation, Sharpton's under indictment and Southern Poverty Law Center & Jim Boren has the parents in disarray.   Another thing!!!

 

They pressed Mychal to take the plea, a day before the anniversary of the Barker knock-out.  The next day Barker et al sued.   Mauffray, resealed the Bell Records, Appeal the Louisiana Supreme Court appointed ad hoc judge's decision - opening the records; and now Scott Franklin the newly elected [interim CEO] sheriff has said the fire, was not related to the Jena Six.

 

Then, why did they scare the living tar, out of a 9 year old boy; until he mentioned Justin Purvis name- a juvenile- The Travesty continues.

Plea bargain reached in Jena Six case

Mychal Bell sentenced to 18 months in juvenile custody.

December 4, 2007

Related articles:

• One year later, Jena, says it's a better place

 

By Abbey Brown
abr...@thetowntalk.com

JENA — Mychal Bell was sentenced Monday to 18 months in juvenile custody after agreeing to a plea bargain and admitting his role in the attack on a fellow student at Jena High School one year ago today.

Bell, the most well-known of the teens known as the Jena Six, admitted in court that he hit Justin Barker, knocking him unconscious. As part of his plea agreement, Bell will have to "truthfully testify" in any of the cases involving the other members of the Jena Six.

Bell pleaded guilty to second-degree battery as a juvenile and was sentenced to 18 months in the custody of the Office of Youth Development. That sentence will be served concurrently with the previous sentence of 18 months that Bell had received for three previous crimes, according to discussion in court Monday.

As part of the plea agreement, LaSalle Parish District Attorney Reed Walters dropped the conspiracy to commit battery charge against Bell.

Bell's admission of guilt was in connection with the attack on Barker exactly one year ago. Barker was hit by Bell, knocked unconscious and then repeatedly kicked and stomped on by a group of students, according to court document and Bell's testimony in court Monday.

Bell has been ordered to pay more than $930 in restitution and court costs, according to the agreement. Medical bills from Barker's emergency room visit alone were more than $5,000. He was released after being treated for about three hours.

Bell's attorneys said his plea agreement is only an admission that Bell struck Barker, not a discussion about what happened leading up to the incident. Louis Scott said there is "a lot more involved in all this that no one is discussing."

He talked about others involved in the Dec. 4, 2006, incident beyond Barker and the accused defendants.

"There are lots of unresolved issues," Scott said, but he declined to elaborate.

Barker and his family were in the courtroom when the plea agreement was announced, but they showed no reaction. They left the courthouse without speaking to the media.

Walters said he and the Barkers are satisfied with the outcome.

He said he was pleased the Barkers would finally begin to receive restitution.

The Barkers have until today — one year after the incident — to file a civil lawsuit against any of the students accused of attacking Justin Barker or against the school system. The LaSalle Parish Clerk of Court's Office had no record of any such suit as of Monday afternoon.

Bob Noel, another attorney representing Bell, said Bell's admission of guilt could have an effect on a civil suit, but said Bell's family wouldn't have any money to pay even if they were sued.

Counseling, treatment

Noel said the length and location of Bell's confinement are in the hands of the Office of Youth Development. An initial assessment of Bell recommended nonsecured custody, and Noel and Scott said they assume a second will determine the same.

That means Bell would probably undergo counseling and treatment with the goal of reintegration into the school system, society and eventually his family's home, the attorneys said.

Bell may even back on the football field by next season, Noel said of the once all-star football player.

But how long that process will take would only be a guess. His confinement though, Noel said, will probably be in a group home setting.

"The goal is to get him in a treatment program, rehabilitated and reintegrated," Noel said. "We want to get him back on track so we won't have another incident like this one again."

Although Scott said it is a disappointment to not have Bell walk out of the courthouse a free man Monday, he said it is comforting to know that the possible sentence went from as many as 75 years in an adult prison to a sentence of only 18 months in a juvenile facility.

Bell and the other students were initially charged with attempted murder. In June, Bell was convicted as an adult of aggravated second-degree battery, but the conviction was overturned in September by a state appeals court, which ruled Bell's case should be handled in juvenile court.

Bell's conviction and the charges against the Jena Six led to one of the largest civil rights marches in recent history, with more than 20,000 demonstrators gathering in Jena on Sept. 20.

The beating of Barker was preceded by several other incidents in the community and school like the arson fire that destroyed the high school's main building, three white students hanging nooses from a tree at the school and several off-campus fights.

'Best possible outcome'

There were obvious tension and confusion during Monday's admission hearing. When the plea agreement was first read by 28th Judicial District Court Judge J.P. Mauffray, Scott took issue with the points about sentencing. Mauffray ordered a recess so the attorneys could regroup.

When the attorneys started discussing the agreement about 30 minutes later in court, Bell's parents, Melissa Bell and Marcus Jones, looked at their son's attorneys with unease.

"I promise," Peggy Sullivan mouthed with concern to Melissa Bell as the terms were read.

Scott said some of Bell's family members were more in favor of the guilty plea than others. Some, he said, had expressed concern, and some didn't like the idea at all. But Scott said Bell made the final decision.

If the attorneys went through all their appeals — which were dismissed as part of the agreement — Bell would be detained much longer than he will be now, Scott said.

Noel described Monday's agreement as the "best possible outcome."

But it wasn't just Bell's parents who showed some reservations with the plea agreement. Some of the other parents of Jena Six defendants expressed shock.

Tina Jones, the mother of Bryant Purvis, said she had mixed emotions, but said she wants what is best for Bell.

"It kind of got me nervous," she said of the agreement. But later she conceded that she would consider a plea agreement for Purvis if it involved no jail time.

John Jenkins, the father of Jena Six defendant Carwin Jones, said he remembers initially the families were hopeful to get through all the cases with no plea agreements.

"I'm just going to trust our lawyers to do what's best for our kids," Jenkins said.

Noel said they couldn't comment on the specific facts of the case but said he doesn't think Bell's testimony would hurt or harm the others' cases.

David J. Utter, the attorney representing Jesse Ray Beard, said he's hopeful Monday's plea agreement is a good sign for his client, although he hasn't yet had a chance to talk to Walters about it.

"I'm interested in the best thing for my client, his family and the community in that order," Utter said, when asked of the possibility of a plea bargain for his client.

Beard, who was never expelled and just finished up his football season at Jena High, doesn't have any upcoming trial or hearing dates, Utter said.

[Vicki Ann Lancaster]

Today in much of Louisiana, the Democratic Party exists on paper more than in any tangible sense. There is staff and a building, but where the Party does exist, it is often an exclusive club.

 

We want to create

 

…a working network of Democratic activists who will view the Party itself as worth building.

 

… an association of Parish Executive Committees that will take responsibility for building Party operations within individual parishes.

 

… a movement within the Democratic State Central Committee that will initially pressure the Party leadership to focus on Party building, with the ultimate goal of becoming the Party leadership.

 

We want to bring the Louisiana Democratic Party to an agenda based on Social Justice, Healthcare for All, Economic Opportunity, a Commitment to Energy Transformation, and comprehensive Ethics Reform that includes campaign finance reform.

 

We invite Democrats who are committed to building an effective Democratic Party at the local and state level to join us in Lafayette on January 12, 2007 for "Rebuilding the Democratic Party"

hosted by Democrats for a New Louisiana

The location is: The Clifton Chenier Center Auditorium

220 West Willow Street, Lafayette, LA 70501

The time is: 10 a.m. to 3 p.m.

Topics will include:

• Revitalizing Parish Executive Committees;
• Developing Democratic Media;
• Who Are Democrats;
• Making the State Party Relevant.

We'll also launch a dialog to develop a set of core beliefs that will serve as the basis for recruiting other party activists.

Cost: $25, $10 for seniors, students and the poor.

Lunch and refreshments provided.

 

We encourage progressive organizations to set up tables to let others know of your

work in Louisiana.  If your organization would like to reserve a table, please email Vicki Lancaster at

vlanc...@cox.net.  

We'll have a website up by Monday.  But if you need more information before then contact:

Mike Stagg

153 Shady Oaks Drive

Lafayette, LA 70506

(cell) 337.962.1680

 

Vicki Ann Lancaster, Ph.D.
Neptune and Company, Inc.
724 Europe Street
Baton Rouge, LA  70802.6411
Voice:  225.383.1845
Fax:  866.498.1280
www.neptuneandco.com

 

"Our lives begin to end the day we become
       silent about things that matter."  MLK