[News] Apart from the noose, this is an everyday story

[Anti-Imperialist News]

Apart from the noose, this is an everyday story of modern America

http://www.guardian.co.uk/Columnists/Column/0,,2170644,00.html


The racial tensions which flared in a small southern town have laid 
bare the bias infecting the nation's justice system

Gary Younge in Jena
Monday September 17, 2007
<http://www.guardian.co.uk>The Guardian

The four-hour drive from New Orleans to Jena takes you over long 
bridges, across still bayoux and deep into the remote backwoods of 
Louisiana. It's a journey that starts in the city that has become a 
byword for racial division and infrastructural neglect, following 
Hurricane Katrina. It then heads north-west through Opelousas where, 
as in so much of the south, people are literally segregated to death. 
There are two Catholic churches in the centre of town - Holy Ghost, 
for African Americans, and St Landry, for whites. In between is the 
cemetery where, by law and then by custom, blacks and whites have 
been buried according to their race - separate and finally equal, if 
only in the afterlife. And finally, it lands in the small town of 
Jena, surrounded by forests of pine where, it seems, even the flora 
can be racialised.

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It was here that Kenneth Purvis asked the headmaster at Jena high 
school if he could sit under the "white tree" - the tree in the 
school courtyard where the white children used to hang out during 
break. The principal said he could sit where he liked. Purvis took 
him at his word. The next day he went with his cousin Bryant and 
stood under the tree. The day after that white students hung three 
nooses there.

If the symbolic threat of a schoolyard lynching makes this sound like 
a tale from a bygone era, then what happened next belongs very much 
to the present. It is a story of institutional indifference and 
judicial impunity that today condemns black American men: not to end 
their lives hanging from a tree, but to spend it rotting in jail. It 
illustrates to those who would like to draw a line under the civil 
rights era that they must first contend with its legacy before 
claiming to have conquered history. It serves as a salient example 
that legal barriers to integration may have been removed - itself no 
mean feat - but the ultimate goal of equality remains elusive. And it 
shows that just because you are allowed to do something - even 
something as basic as sitting under a tree - it doesn't mean that you 
are able to.

Back in Jena, the local, overwhelmingly white school board, 
considered the nooses a youthful prank and handed down brief 
suspensions. This made black parents and students angry and sparked 
months of racial tension. Police were called to the school several 
times because of fights between black and white students.

The principal called an assembly where the local district attorney, 
Reed Walters, told them "See this pen? I can end your lives with the 
stroke of a pen." The black students say when he said it he was 
looking at them; Walters denies it.

In an unsolved arson case a wing of the school was burned down. A few 
days later, Justin Sloan, a white man, attacked black students who 
tried to go to a white party in town. Sloan was charged with battery 
and put on probation. A few days after that another white boy pulled 
a gun on three black students in a convenience store. The black 
student wrestled the gun from him and took it home. The black student 
was charged with theft of a firearm, second-degree robbery and 
disturbing the peace. The white student who produced the gun was not charged.

On December 4 a group of black students attacked a white student, 
Justin Barker, after they heard him bragging about a racial assault 
his friend had made. Barker, 17, had concussion and his eye was 
swollen shut. He spent a few hours in hospital and, on his release, 
went to a party where friends described him as "his usual smiling self".

The six black students were then arrested and charged with attempted 
second-degree murder. Such a charge requires use of a deadly weapon. 
Walters argued that the trainers used to kick Barker were indeed 
deadly weapons. Mychal Bell, 17, became the first of what are now 
known as the Jena Six to be convicted on reduced charges by an 
all-white jury and faced up to 22 years in jail.

On Friday Bell's conviction was overturned by an appeals court, which 
ruled that he should not have been tried as an adult. A new bail 
hearing is set for later today.

These incidents have transformed Jena from a sleepy town of 3,000 
into a national symbol of racial injustice. Its new-found notoriety 
suggests that if a political gaffe is when a politician inadvertently 
tells an awkward truth, then a racial scandal in America is simply 
when the scandal of its racism is laid bare. The true outrage is not 
that this happened in Jena, but that similar things happen 
everywhere, every day in America, and almost nobody takes any notice.

"If the media wasn't watching what was going on then every last one 
of those kids would be in jail right now," says Tina Jones, whose 
son, Bryant Purvis, has also been charged.

Once again race and class collide. The poor, who are unable to afford 
a decent lawyer, stand at the mercy of a judicial system that simply 
wants them to disappear. They are given inadequate counsel, 
encouraged to plea-bargain their lives away or face stiffer penalties 
on trial. This is not a problem for P Diddy or OJ (Lil' Kim was not 
so lucky). But Bell could never have afforded Johnnie Cochran, even 
if he were alive.

Add racism to poverty and the magnifier effect is stunning. African 
Americans fall foul not just of the law of the land, but the law of 
probabilities.

According to the US justice department, black people are almost three 
times as likely as whites to have their cars searched when they are 
pulled over and more than twice as likely to be arrested. They are 
over five times more likely than whites to be to be sent to jail, and 
are given 20% longer sentences. On any given day, one in eight black 
men in America in their 20s is in prison.

"Jena is America," says Alan Bean, the executive director of Friends 
of Justice, who has been working with the Jena Six. "The new Jim Crow 
is the criminal justice system and its impact on poor people in 
general and people of colour in particular. We don't always get the 
exotic trimmings like the nooses."

At the high school's homecoming rally on Friday there were plenty of 
cheers for the black and gold of the Jena Giants, the school football 
team, but no talk of festering bitterness between black and white. 
White people here don't want to talk about it. They resent being 
portrayed as rednecks. They have a point.

According to the census, the top five segregated cities - Detroit, 
Milwaukee, New York, Chicago and Newark - are all in the north. 
According to the Sentencing project, a pressure group for penal 
reform, the 10 states with the highest discrepancy between black and 
white incarceration include Vermont, Connecticut, Rhode Island and 
New York - which all consider themselves liberal - but there are none 
from the south. Jena's problem is not that it has proved itself more 
racist than the rest of the country, but that it has manifested its 
racism with insufficient subtlety.

As the homecoming parade passed through town, the class of 2007 was 
carried by a truck with a Confederate flag on its licence plate. At 
the high school they chopped down the "white tree". But they couldn't 
uproot it.

<mailto:g.younge at guardian.co.uk>g.younge at guardian.co.uk




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