A legal look at the controversy

JENA, La. -- Hundreds of people dressed in black, from college students to veterans of the civil rights movements, boarded buses bound for Jena and a rally Thursday in support of six black teenagers who were initially charged with attempted murder in the beating of a white classmate.

The Rev. Al Sharpton said it could be the beginning of the 21^st century’s civil rights movement, one that would challenge disparities in the justice system.

“You cannot have justice meted out based on who you are rather than what you did,” Sharpton told CBS’s “The Early Show.”

TSU students and thousands of other activists have called the treatment of the six teens unfair and harsh.

"It was an academic problem, it was a school problem, let the school system handle it," Jena Six supporter Herman Shelton said. "If the kids had to get suspended, let them get suspended, expelled, whatever, but to have it go to the legal system, I don’t think that should have ever went that way."

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"Hopefully, they will, this will be some type of, let them know that we are with them, we are supporting them, because they need to know that," supporter Joan Baetie said.

The six were charged a few months after the local prosecutor declined to charge three white high school students who hung nooses in a tree on their high school grounds. Five were initially charged with attempted murder; the sixth was charged as a juvenile.

“Six black kids indicted as adults for attempted murder, and the weapons charged in the indictment is their sneakers, this is the most blatant example of disparity in the justice system that we’ve seen,” Sharpton said Thursday. “You can’t have two standards of justice. We didn’t bring race in it, those that hung the nooses brought the race into it.”

District Attorney Reed Walters, breaking a long public silence, denied Wednesday that racism was involved.

He said he didn’t prosecute the students accused of hanging the nooses because he could find no Louisiana law under which they could be charged. “I cannot overemphasize what a villainous act that was. The people that did it should be ashamed of what they unleashed on this town,” Walters said.

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Radio personality Michael Baisden (second from left), walks with Rev. Al Sharpton (third from left), and Melissa Bell, mother of Mychal Bell (r), during march in support of the "Jena Six" in Jena, Louisiana.

In the beating case, he said, four of the defendants were of adult age under Louisiana law and the only juvenile charged as an adult, Mychal Bell, had a prior criminal record.

“This case has been portrayed by the news media as being about race,” he said. “And the fact that it takes place in a small southern town lends itself to that portrayal. But it is not and never has been about race. It is about finding justice for an innocent victim and holding people accountable for their actions.”

The white teen who was beaten, Justin Barker, was knocked unconscious, his face badly swollen and bloodied, though he was able to attend a school function later that night.

Bell, 16 at the time of the attack, is the only one of the “Jena Six” to be tried so far. He was convicted on an aggravated second-degree battery count that could have sent him to prison for 15 years, but the conviction was overturned last week when a state appeals court said he should not have been tried as an adult.

Thursday’s protest had been planned to coincide with Bell’s sentencing, but organizers decided to press ahead even after the conviction was thrown out. Bell remains in jail while prosecutors prepare an appeal.

Thousands of people were expected at the rally, an event that was heavily promoted on black Web sites, blogs, radio and publications.

Students were coming from schools across the region, including historically black colleges like Morehouse College, Spelman College, Clark Atlanta University, Howard University, Hampton University and Southern University.

Tina Cheatham missed the civil rights marches at Selma, Montgomery and Little Rock, but she had no intention of missing another brush with history. The 24-year-old Georgia Southern University graduate drove all night to reach tiny Jena in central Louisiana.

“It was a good chance to be part of something historic since I wasn’t around for the civil rights movement. This is kind of the 21^st century version of it,” she said.

Others supported the effort but worried that it could erode race relations in Jena even further.

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The crowd in Jena, La.

“I don’t think it will cause any major confrontations,” said Odessa Hickman, 72, “but there is probably going to be some friendships lost.”

In Jena, with only 3,500 residents, some residents worried about safety. Hotels were booked from as far away as Natchez, Miss., to Alexandria, La.

Local officials said they would provide portable toilets, water and medical facilities to ensure the safety and comfort of those attending the rally. Sharpton, who helped organize the protest, met Bell at the courthouse Wednesday morning. He said Bell is heartened by the show of support and wants to make sure it stays peaceful.

“He doesn’t want anything done that would disparage his name — no violence, not even a negative word,” Sharpton said.

President Bush spoke out for the first time about the case in Jena.

He wouldn’t comment on legal specifics about the case has attracted nationwide attention.

“The events in Louisiana have saddened me,” the president said. “I understand the emotions.”

He said the FBI is monitoring the situation, adding: “All of us in America want there to be, you know, fairness when it comes to justice.”