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<h1><font size=4><b>Apart from the noose, this is an everyday story of
modern
America</b></font></h1><font size=3>
<a href="http://www.guardian.co.uk/Columnists/Column/0,,2170644,00.html" eudora="autourl">
http://www.guardian.co.uk/Columnists/Column/0,,2170644,00.html<br><br>
<br>
</a></font><font face="arial" size=3>The racial tensions which flared in
a small southern town have laid bare the bias infecting the nation's
justice system</font> <br><br>
<font size=2><b>Gary Younge in Jena <br>
Monday September 17, 2007<br>
<a href="http://www.guardian.co.uk">The Guardian</a></b> <br><br>
</font><font size=3>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. <br><br>
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<a name="article_continue"></a>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. <br>
<br>
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. <br><br>
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. <br><br>
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. <br><br>
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. <br><br>
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". <br><br>
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. <br><br>
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. <br><br>
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. <br><br>
"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. <br><br>
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.
<br><br>
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. <br><br>
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. <br><br>
"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." <br><br>
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. <br><br>
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. <br><br>
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. <br><br>
<a href="mailto:g.younge@guardian.co.uk">g.younge@guardian.co.uk</a><br>
<br>
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