Prosecutors put justice on hold

The News Virginian / News Virginian
Published: September 23, 2007

Black activists tell us that the case of the so-called Jena Six is evidence of how far America still has to go in realizing Martin Luther King's dream, and maybe they are right. Prosecutors in the small Louisiana town charged five black teenagers with attempted murder in the beating of a white student. Juvenile charges against a sixth black teen were sealed.

The ugly mess stems from an August 2006 incident, when a black Jena High School student asked whether blacks could sit under a shade tree where whites frequently gathered. On the following day, nooses were hung from the tree, leading to the suspensions of three white students. No criminal charges were filed, the district attorney said, because he could not find a state law covering such an offense. Racial tensions erupted into fights between blacks and whites and the December beating that left Justin Barker unconscious with his face bloodied and swollen, but still able to attend a school function the same day.

Although charges have been reduced for four of the five teens accused of attempted murder, activists have descended on Jena protesting the charges as excessive and an example of a racist judicial system.

Never one to let a chance to jump in front of cameras pass him by, the Rev. Jesse Jackson has thrust himself into the center of the action, tossing out analogies to Selma and Montgomery. It's increasingly difficult to take Jackson seriously, particularly when he starts firing barbs at Sen. Barack Obama, accusing the Democratic presidential candidate of "acting white" because of a perceived failure to demonstrate proper outrage over the whole affair.

Far more disturbing, however, is the apparent tendency of prosecutors to abandon common sense and simple right and wrong in volatile cases such as these. Jackson, you will recall, appeared on TV screens for his usual finger-wagging when three white Duke lacrosse players were accused of raping a black woman. That case was tailor-made for media all too eager to accept the idea of rich white kids behaving as though they were above the law. When the case imploded, imprudent journalists and media pundits alike were left shamed along with Durham District Attorney Mike Nofong.

In the case of the Jena Six, some punishment for Barker's beating is in order despite the awful racism that led to the incident, but given what we have heard so far, attempted murder sounds excessive. Activists peacefully pleading their case against a judicial system they say treats blacks unfairly is a reasonable response. Further, it shines a spotlight on an issue the nation needs to investigate and correct if the assertions are shown correct on either a local or broader level.

In the meantime, America desperately needs prosecutors to cast aside the desire to fulfill professional ambition or any other ulterior motives in favor of sober consideration of courses of action that ensure fairness to all sides. We believe most prosecutors as well as law enforcement officers regard that responsibility as sacred. When they do not, we as a people, as well as those directly involved in the case at hand, suffer the consequences.