Court overturns Mychal Bell's conviction

[Earlybird7]

Just saw this.

http://www.thetowntalk.com/apps/pbcs...EWS01/70914035

[Athena]

Thanks Earlybird. They actually reported it on CNN also.

From your link:

Third Circuit vacates Mychal Bell's conviction

The 3rd Circuit of Court of Appeal has vacated Mychal Bell’s conviction of aggravated second-degree battery, one of his attorneys said this afternoon.

“We are ecstatic,” Bob Noel said.

This decision doesn’t mean Bell, now 17, will be automatically released. The ball, Noel said, is now in LaSalle Parish District Attorney Reed Walters’ court. Noel said Walters can appeal the decision; he can accept the decision and charge Bell as an adult with attempted murder; or Bell can be charged with aggravated second-degree battery as a juvenile.

On Sept. 4, 28th Judicial District Court Judge J.P. Mauffray Jr. said the adult court system should never have had jurisdiction for the charge of conspiracy to commit aggravated second-degree battery but said he thought he retained jurisdiction of the battery charge. That charge was vacated and returned to juvenile court. The appellate court didn’t agree, and ruled in favor of Bell’s attorneys.

“We’re extremely happy,” Noel said. “Now we see where to go from here.”

The phone at Walters’ office was busy this afternoon.

Noel said Bell can’t be released until granted bond.

[Athena]

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.

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. 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 following racial altercations involving Jena High.

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.

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://www.wral.com/news/national_wo...story/1817219/

[William Anthony]

I am pleased to see that the right decision was made, imho. It would appear that the DA's and the court's powers do not go unchecked.

[Athena]

Originally Posted by William Anthony

I am pleased to see that the right decision was made, imho. It would appear that the DA's and the court's powers do not go unchecked.

Yes the DA in this case should be "Nifonged". JMO

[Athena]

From Jena's local news:

District Attorney Reed Walters said in a statement delivered to the weekly Jena Times that he would appeal to the state Supreme Court “after I review the decision thoroughly,”

He must appeal within two weeks. Bell, whose bond was set at $90,000, cannot be released from the LaSalle Parish jail unless Walters lets that period lapse without an appeal or the Supreme Court rules in Bell's favor, Sheriff Carl Smith said.

http://cbs11tv.com/education/local_story_258101305.html

[accordn2me]

Originally Posted by William Anthony

I am pleased to see that the right decision was made, imho. It would appear that the DA's and the court's powers do not go unchecked.

I am amused.

The way I it, the DA charged Bell as an adult w/ attempted second degree murder. He then reduced the charge. I wonder if the DA knew the reduced charge would not allow Bell to be tried as an adult?

My interpretation is that the appeals court found an error with the reduced charge being tried in adult court. The DA still has all the power he had before they found the error. And now that he has this knowledge, I doubt he'll make the same mistake twice.

[Athena]

You find it amusing? Says alot about the kind of person you are and it is clear you do not understand what is going on here. JMO

The white teenager who was beaten, Justin Barker, 17, was knocked out but walked out of a hospital after two hours of treatment for a concussion and an eye that was swollen shut. He attended a ring ceremony later that night.

District Attorney Reed Walters said in December that his decision to prosecute the black teenagers to the full extent of the law had nothing to do with race. He would not comment further on the case while it is pending. But black residents in Jena said issues of race permeate their town, 230 miles northwest of New Orleans.

Civil rights advocates say the issues are much larger than Jena. Zealous prosecutions of black youngsters are multiplying across the nation, they say. They cite three highly visible cases in which white prosecutors won prison sentences of up to 10 years against black teenagers, only to have those sentences voided on appeal.

In Douglas County, Ga., Genarlow Wilson was convicted of molestation and sentenced to 10 years for engaging in [color="Red"]consensual sex with a 15-year-old girl when he was 17. [b]He served more than two years before a judge voided the sentence, but Wilson, now 21, remains in prison while the state appeals.

Also in Georgia, the state Supreme Court threw out the conviction of Marcus Dixon, 19, who was serving a 10-year prison sentence for having sex with an underage white girl in 2003.

In Paris, Tex., a special conservator ordered the release of Shaquanda Cotton, 16, who was serving up to seven years for shoving a white teacher's aide in 2005. Months earlier, the same white judge had given probation to a 14-year-old white girl who burned down her family's home.

"We are seeing two systems of justice: one system of justice for white folks and one system of justice for black folks," said Jordan Flaherty, an editor who is following the Louisiana case for Left Turn magazine, an liberal activist publication based in New York.

http://jena6.vesana.com/articles/pre...runs-deep.html

[accordn2me]

Originally Posted by Athena

You find it amusing? Says alot about the kind of person you are and it is clear you do not understand what is going on here. JMO

<snipped>

http://jena6.vesana.com/articles/pre...runs-deep.html

Athena, you stated in an earlier post you have no idea what my point has been about this whole issue. And not only you but at least one other, Tuscan Dreams has said the same. This is not surprising to me, I even stated an expectation that such would happen because of the focus on the racial inequality....or whatever the buzz word of the week is, is going to prevent the solution to "the real problem" ever being addressed.

The way you worded your reply to me says a lot about your lack of understanding of what fixing this problem will take.

I'm just curious: what do you think has me amused about what William Anthony posted?

[Athena]

Originally Posted by accordn2me

Athena, you stated in an earlier post you have no idea what my point has been about this whole issue. And not only you but at least one other, Tuscan Dreams has said the same. This is not surprising to me, I even stated an expectation that such would happen because of the focus on the racial inequality....or whatever the buzz word of the week is, is going to prevent the solution to "the real problem" ever being addressed.

The way you worded your reply to me says a lot about your lack of understanding of what fixing this problem will take.

I'm just curious: what do you think has me amused about what William Anthony posted?

I don't recall stating that in an ealier post; not saying I did not I honestly don't remember. Your comments IMO are ambiguous. If I mis-read your intent then I apologize. If you believe that the issue is about institutionalized racism then I agree.

[accordn2me]

Originally Posted by Athena

I don't recall stating that in an ealier post; not saying I did not I honestly don't remember. Your comments IMO are ambiguous. If I mis-read your intent then I apologize. If you believe that the issue is about institutionalized racism then I agree.

It appeared you take issue with my statement, "I am amused" - amused that William Anthony believes Reed Walters has had a power check. IMO, the appeals court found error with the DA trying Bell as an adult for the lesser charge. Had the DA left it charged as the original warrant stated, the appeals court seems to be saying it could have stayed in adult court. I would love to know if this is a mistake by the DA, or did he do it this way on purpose. My guess is, he made a mistake. Now we have to wait and see if he's a quick study (learns from his mistakes). Understand that he didn't lose a drop of power.

[Athena]

Originally Posted by accordn2me

It appeared you take issue with my statement, "I am amused" - amused that William Anthony believes Reed Walters has had a power check. IMO, the appeals court found error with the DA trying Bell as an adult for the lesser charge. Had the DA left it charged as the original warrant stated, the appeals court seems to be saying it could have stayed in adult court. I would love to know if this is a mistake by the DA, or did he do it this way on purpose. My guess is, he made a mistake. Now we have to wait and see if he's a quick study (learns from his mistakes). Understand that he didn't lose a drop of power.

Thank you for clarifying. In the video you linked to he clearly says he did not make a "mistake". I also suspect that he hasn't made up his mind on whether to appeal the higher court's decision because of the impending march today. I'm sure he already knows what he wants to do - and is searching the law books right now to justify his appeal. JMO

[Athena]

What is institutional racism?
"The collective failure of an organization to provide an appropriate and professional service to people because of their colour, culture or ethnic origin which can be seen or detected in processes; attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantages minority ethnic people."
~From the Macpherson Report

[Athena]

Court has refused to release Michael Bell nor change the original Judge that handled the case:

JENA, Louisiana (CNN) -- Mychal Bell, the sole defendant who remains behind bars from the group of teens known as the "Jena 6," will not be released Friday, a court decided.

Bell's attorneys also had hoped to get the judge, J. P. Mauffray, removed from the case Friday.

But a judge from a neighboring parish ruled after hearing arguments that Mauffray would stay on the case.

http://www.cnn.com/2007/US/law/09/21...ing/index.html

[Zuras]

Awesome. The race card defeats justice once again.

[William Anthony]

Originally Posted by Athena

Thank you for clarifying. In the video you linked to he clearly says he did not make a "mistake". I also suspect that he hasn't made up his mind on whether to appeal the higher court's decision because of the impending march today. I'm sure he already knows what he wants to do - and is searching the law books right now to justify his appeal. JMO

I do not find anything amusing about an abuse of power, especially if that abuse is linked to racial inequality. You may not see this as a power check on Walters, but I see it as a power check not only on him but also on the court. The appellate court has ruled that the DA nor the lower court had the power to legally try Bell as an adult. I do not find such abuse of power amusing and I am thankful for courts that curtail such abuses. There are always searches for cases to support one postition, which does not mean that one will always find such a case that has not been overturned by later rulings. I think Walters is sheppardizing his position and may or may not file an appeal.

[WarmNCozy]

I am so happy that public outcry changed the situation in Jena! It never should have come this far!

[Athena]

Originally Posted by William Anthony

I do not find anything amusing about an abuse of power, especially if that abuse is linked to racial inequality. You may not see this as a power check on Walters, but I see it as a power check not only on him but also on the court. The appellate court has ruled that the DA nor the lower court had the power to legally try Bell as an adult. I do not find such abuse of power amusing and I am thankful for courts that curtail such abuses. There are always searches for cases to support one postition, which does not mean that one will always find such a case that has not been overturned by later rulings. I think Walters is sheppardizing his position and may or may not file an appeal.

ITA. After first hearing Gov. Blanco and then listening to his little speech today, IMO it was not his decision not to appeal. IMO I believe Blanco had some strong words for him bring this attention to her state. I truly believe he would have tried to appeal if nothing else but to keep Bell in prison as long as he could before knowing he had to "give in". This DA should be Nifonged.

In his little speech he also thanked LE for "averting disaster" in Jena yet there was not one, NOT ONE, incident. It is clear he did not expect the peaceful march or should I say did not believe Black people were even capable of being peaceful. Says alot about him and I have no doubt he is representative of institutionalized racism. I will not be surprised if Bell, although remanded to Juvenile Court, will not be put away until 21 which is the max for a juvenile and the hearing will be closed to the public so we won't know what really happens.

The next trial I believe is on Nov. 26th and hopefully the young man in that one will have effective counsel unlike Bell. I do not believe we've heard the whole truth in this case as Bell's trial was one-sided. JMHO

[dallasvic]

Hi Everyone ,

I am so glad this finally happened. The public out cry had alot to do with this I am sure .

[Wichita]

Now, where have I heard that before? Lets, see, appeals process....due process clause of the 14th amendment? Hmmm....seems like the system might be working.

[William Anthony]

Originally Posted by Wichita

Now, where have I heard that before? Lets, see, appeals process....due process clause of the 14th amendment? Hmmm....seems like the system might be working.

Yes, and I am sure those who seek judicial equality are glad the spolight was placed on the Jena Six so that the system was made to work.

[accordn2me]

http://www.cnn.com/2007/US/law/10/11...ail/index.html

[dallasvic]

Originally Posted by accordn2me

http://www.cnn.com/2007/US/law/10/11...ail/index.html

This angrier my sooooooooooo baddddddd. The 10 months he spent in jail should have been considered time severed in my opinion.