Update on Jena 6

I just read at the NY Times blog the following statement from DA Walter Reed:

truly wish I could have prosecuted. I searched the Louisiana statutes for an offense that fit that act, but it is simply not there.







It has been suggested that I charge the perpetrators of that noose hanging with a "hate crime." But in Louisiana law, a "hate crime" exists primarily as a sentencing enhancement to other crimes that have been proven. ... Similarly, the U.S. attorney searched the federal statutes for a crime with which to charge these people, but he, too, had to accept the fact as I did that there was none that could be proved.

This is a clear example of white supremacy in the United States. Back in the 1930's, Zoot Suits were banned by the Federal Government because it deemed the suits to use "extravagant of fabric." There were riots where US soldiers went about beating on Mexicans. Similarly we have cities that have gone out of their way to ban baggy pants and the like. Yet it never seemed to cross the minds of the legislators of LA that Hanging a noose ought to be a crime?

OK I can see how a blanket banning of noose hangings could cause problems. So it makes some sense that the noose hanging itself is not a crime. However; since, as OJ has found out, extortion an individual <i> is </i> a crime then why not charge those individuals with extortion to deny the civil rights of black students?

Here's a definition of Extortion:

Virtually all extortion statutes require that a threat must be made to the person or property of the victim. Threats to harm the victim's friends or relatives may also be included. It is not necessary for a threat to involve physical injury. It may be sufficient to threaten to accuse another person of a crime or to expose a secret that would result in public embarrassment or ridicule. The threat does not have to relate to an unlawful act. Extortion may be carried out by a threat to tell the victim's spouse that the victim is having an illicit sexual affair with another.







Other types of threats sufficient to constitute extortion include those to harm the victim's business and those to either testify against the victim or withhold testimony necessary to his or her defense or claim in an administrative proceeding or a lawsuit. Many statutes also provide that any threat to harm another person in his or her career or reputation is extortion.

Now follow me here. It is illegal to segregate public spaces or to prevent a person from enjoying a public space based on race. The act of reserving the "tree" was discriminatory. Furthermore once the nooses were hung that was a threat to deny the rightful use of the tree by the black students. So that is extortion. Furthermore, since at least 3 students acted in concert to threaten the black students with violence (that's hanging the noose) in order to segregate public property (illegal), then it is possible that they acted as a corrupt organization. Therefore it is also possible to bring RICO charges against all involved.

Would it stick? Can't say, but as we've seen with the OJ arrest, apparently we can simply arrest people, charge them later and extract a rather large amount of money out of them to go "free". Limit their movement and contact with the offended parties and have them pay for lawyers to defend themselves against the charges. All of this would have sent a nice signal to the community that hanging nooses is simply not worth the trouble.

But no, white students don't rank for that kind of treatment. They are sent home to "think about their actions". Black folk on the other hand are to tolerate the bull shit and have the book thrown at them when they decide not to. And since the prosecutor has discretion in charges to file, he could have easily decided to charge the boys with simple assault and told the parents that they ought to be grateful that any charges are being filed since they clearly fucked up raising there children to the extent that they thought noose hanging was OK.

But as usual, prosecutors can get all creative when it comes to charging black folk with crimes but draw blanks for Klan activity. Been that way since we've been here too.