Mychal Bell, the first to be tried and convicted of the six black high school students known as the Jena Six, is seeking legal aid from a group of Monroe defense lawyers for post-conviction court appearances.
Bell’s original sentencing was Tuesday, but the court date was moved to September upon request of Bell’s new legal team: attorneys Louis Scott, Bob Noel, Peggy Sullivan and Lee Perkins, who feel the trial was riddled with procedural errors.
“There were some procedural things that appear to me to have been unfair,” Scott said. “A lot of people don’t realize that usually if you have an unjust result, it relates to some unjust process that has occurred.”
According to Scott, moving the date of sentencing was necessary to allow for time to file the appropriate motions.
“There are a number of things that need to be looked into before sentencing – things that would tend to lessen the sentence,” Scott said. “For instance, [we’re going] to investigate whether or not I should file for a new trial. Because all those things have to be done before sentencing, the judge granted the motion [and changed the date].”
An all-white, six-person jury found Bell guilty of second-degree aggravated battery and conspiracy to commit second-degree aggravated battery June 28 for an attack on a white classmate, Justin Barker, this past December. Barker was taken to an emergency room where he received treatment after the attack. Barker testified during trial that he did not see who hit him first. Bell, and five other black students, are charged in the beating of Barker.
Bell – who was 16 at he time of the incident – was originally charged with attempted second-degree murder and conspiracy to commit attempted second-degree murder, but the charges were reduced at the start of the trial. The remaining five defendants still face serious charges, and it is unsure if their charges will also be reduced.
Scott said their goal is to overturn Bell’s conviction.
“The question is, considering the fact that [Bell] has been convicted, is what procedural route to take to overturn that Noel said the new legal team is qualified to handle the case and decided to get involved not only because Bell came to them, but also because it was the right thing to do.
“The interest of justice cried out [for us] to get involved,” Noel said. “We have an excellent chance at winning the case – he did not get a fair trial. I think we can handle ourselves, and we’ve got the experience to deal with this case. We fully intend to have this conviction overturned.”
Noel said while race may have played a role in Bell’s conviction, he said he thinks emotions had more of an effect on the trial.
“When emotion plays a part in a trial, it’s very hard to get a jury that can look at things [objectively],” Noel said.
Scott said problems with the trial would prevent a fair sentencing.
“I feel it’s pretty much impossible for the sentencing to be just,” Scott said. “If a person is wrongfully convicted, it’s impossible for them to have a fair sentencing.”
Scott said the first problem with the trial was the decision to have Bell tried as an adult. If Bell had originally been charged with battery – what his murder charges were reduced to – the case would have remained within the juvenile system.
“The worst thing that happened from a procedural standpoint [is] normally a person under similar circumstances would be in juvenile court,” Scott said. “But in this particular case, [Bell] was tried in adult court. We have already filed a motion relating to that issue.”
Noel said another problem was the trial took place in La Salle Parish, where Jena is located, and the trial should have been moved.
“Certainly the case should not be tried in La Salle parish,” Noel said. “That’s one of the issues we’re raising and feel very comfortable with. It’s obvious that there isn’t anybody in the parish that doesn’t have opinions of the case one way or the other. That certainly will effect anyone’s ability to get a fair trial.”
Katlin Crooks, geography junior and a 2005 Jena High School graduate, said at the start of the trial that although she has witnessed some racism firsthand, most people in the community wanted the trial to come to a close.
“I think there has always been a little tension between whites and blacks – especially in the community area,” Crooks said. “A lot of people [here] see both sides of the story. And there [are] a lot of people who want to see this thing come to rest.”
Bell’s trial and the charges facing the other five black students have drawn media attention from across the nation.
Many outraged by the case feel the attack on Barker was a culmination of racial tension that began during the start of the 2006 school year and climaxed with the attack on Barker.
According to the Associated Press, at the start of the school year, a black student stood under a tree where white students generally congregate. The next day black students arrived to campus to find three nooses hanging from the same tree. Later in the year a black student was beaten for attending an all-white party held off campus. These events, compounded by other pre-existing racial tensions, exploded when the six black students allegedly attacked Barker.
Noel encouraged students to follow the case and to consider the implications of the case on Louisiana.
“Students should be thinking – everywhere, not just at LSU – that basically we all have an obligation to each other,” Noel said. “That we have an obligation to stand up for justice to ensure that the process works fairly for everyone. When you have something of this nature [happen] it affects the entire state. The perception of us is a very poor one right now. Everybody has an interest in how the justice system works, so everybody should be committed to that.”
—Contact Nicholas Persac at [email protected]
Legal team wants to overturn Jena verdict
August 15, 2007