Race in America

Rich with symbolism and iconic images, the case of the Jena Six certainly makes for a compelling parable of racial injustice in America. And as more and more people identify with the story, its meaning becomes more and more personal. Given the number of Americans who feel they have a stake in this case, it's no wonder that presidential hopefuls Barack Obama and Hillary Clinton have issued statements expressing their concern.

The story, rehearsed by now in newspapers around the globe, begins at an assembly last fall, when a black freshman asked if he was allowed to sit under a large tree on school grounds that he had heard was "whites-only." He was given permission, but the next day three nooses were found swinging from its branches. The principal tracked down the offenders, three boys from the rodeo team, and recommended expulsion. But superintendent Roy Breithaupt opted for a three-day in-school suspension. "Adolescents play pranks," he told the Chicago Tribune. "I don't think it was a threat against anybody."

Racial tensions continued to escalate throughout the fall. A group of black students organized a sit-in under the tree to protest the white students' light punishment. Fights broke out in school and at parties; a white man waved his gun in a confrontation with black students at a convenience store; and on November 30 one of the school buildings was suspiciously set ablaze. Then, on December 4, Bell slugged Justin Barker, a white student who had been taunting him with racial slurs and defending the noose-hangers, and the other members of the Jena Six joined in. During the skirmish, Barker smacked his head on the pavement and suffered a concussion. He was treated at the local hospital and released a few hours later, and was in good enough shape to head out and socialize that evening.

District Attorney Walters, who had earlier that fall threatened black students at school that he could "take away your lives with a stroke of my pen," pushed for maximum charges. The Jena Six were expelled, arrested and charged with attempted second-degree murder and conspiracy--their shoes were described as potentially lethal weapons. Bell, the first to face trial, saw his murder charges reduced to aggravated second-degree battery. No attempt was made by his public defender to contest the racial makeup of the jury pool, nor did he call any witnesses during the trial. Bell was convicted by an all-white jury in June.

"There are several issues in this case," says Bob Noel, one of five attorneys who signed on as Bell's new counsel after the trial. "One of the biggest is disproportionate treatment. People may think of a similarly situated kid, maybe middle-class, maybe white, and they think, Oh, let's give him another chance. When he's poor and black, it's not necessarily the case. Another is funding for indigent defense: If there's no money to adequately pay lawyers, to have support staff for them and resources they can use, they're always at a major disadvantage. And the other is the issue of race in America."

--Mark Sorkin