| Mychal Bell's violent history
as a juvenile was exposed Friday morning at a bond reduction hearing in 28th
Judicial District Court, as Judge J.P. Mauffray, Jr. denied a motion to let
the seventeen-year-old be freed on bond pending his sentencing date September
20. Bell was present in court with his pro-bono Monroe attorneys asking the court to reduce the bond and allow him to go free until his sentencing date and possible future appeals. The former Jena High School student was convicted in June of aggravated second-degree battery and conspiracy to commit aggravated second-degree battery, chargs resulting from an attack at the school December 4, 2006. He is one of several students who are accused in the crime that left fellow student Justin Barker unconscious after being struck from behind and repeatedly kicked and stomped while he lay unconscious on the ground. The bond reduction hearing Friday, August 24, was scheduled to begin at 9:30 a.m., however, a pre-hearing conference among all attorneys and the judge did not allow the proceedings to start until some two hours later. LaSalle Parish District Atytorney Reed Walters began and ushered to the witness stand Justin Simons, a juvenile probation officer with the LA Office of Youth Development. Simons testified Bell had been on probation since April 13, 2006 at the age of 16, and was scheduled to remain on probation until his 18th birthday, which will be January 18, 2008. Because of pre-hearing agreements among the attorneys, details of his probation or any violations during that time were not discussed by the officer. However, when LaSalle Parish Deputy Clerk of Court Cynthia Bradford took the stand, DA Walters left little doubt as to the violent past of Bell. Walters had Bradford read several juvenile court minutes relating to Bell's past experiences, including a former charge of second-degree battery. According to testimony, Bell was originally arrested on Christmas Day 2005, for second-degree battery. That charge was lated reduced to simple battery and it was for this conviction that he ended up on probation. While on probation, Bell was arrested on July25, 2006 for simple criminal damage to property, on September 2, 2006 for simple battery and on September 3, 2006, for simple criminal damage to property. He was still on probation when the December 4, 2006 attack occurred, where he was charged with attempted second-degree murder and conspiracy to commit second-degree murder charges that would be amended at the on-set of his trial to the battery charges. Those were the only two witnesses Walters called for the bond reduction hearing, but requested the judge take into consideration the transcripts from Bell's felony trial in june. Mauffray said that he would consider the transcripts and because he was the presiding judge in the trial, he had avivid recollection of the testimony presented. Bell's lead attorney, Lewis Scott, was next to present his case on why he felt the judge should allow his client to be free on bail. He first called Bell's father, Marcus jones, to the stand, who assured the Court that he would provide constant supervision of his son if he was allowed to be released. Jones said that he'd moved back to Jena from Texas when his son began to get into trouble last year. He also said that he had an interview with Menard High School in Alexandria set for Monday, August 27, to see if they would admit Bell into their school. Scott said that should the Menard deal fall through, another plan is to have Bell attend school in Ouachita Parish. Jones promised the Court that he would monitor his son and make sure he attends all of his court appearances should the judge allow him to go free. He also said that they would move to either Pineville or Monroe upon his release, depending upon which school he is allowed to attend. Next, Scott paraded several local ministers before the Court all signifying they would all see that Bell is closely monitored if released and promised to make sure he attended all court proceedings. Rev. Charles Gaden of Jena said that a meeting was held recently among several local black ministers, all agreeing to take part in the monitoring of Bell. Rev. Jimmy Young, the new pastor of L&A Baptist Church, also noted that would work together to insure Bell does not get into any trouble and make his court appearances. He also told the Court that he would be available for counseling of Bell and his parents. Young said that Bell's story is very personal to him, for as a young man living in Shreveport many years ago he began running with gangs and got into trouble. "But the judge found a friend in Good Pine and he released me to live here," Young said, noting the chance the judge gave him changed his life forever. Antioch Baptist Church Pastor B.L. Moran was also prepared to testify on behalf of the ministers, but his testimony was stipulated as the same as the other ministers and did not have to take the stand. Monroe minister Rev. Robbie Williams also testified that if Bell does not get into Menard High School if released, he has arranged for him to attend school in the Ouachita Parish School System and would assist with living arrangements if necessary. Scott's assistant, Angela Nichols, told the court that she has been in contact with the counseling center at the University of Louisiana at Monroe and they have agreed to provide all of the counseling necessary for Bell if the judge would release him. The Monroe attorney also called Bell's mother, Melissa Bell, as a witness, but withdrew haer as quickly as he called her. During closing arguments, Scott argued to the Court that all of the evidence presentd by the state was the "equivalent of misdemeanor probation." "There has been evidence presented that shows he (Bell) is not a flight risk and evidence presented that others will monitor him during his release," Scott said. "This matter could be going on for some time, including possible appeals, and during that time he(Bell) should be continuing his education." Scott argued that at the very least, the Judge should release Bell into the custody of his father and those that have commited to assist in his monitoring. "The court could place stipulations such as curfews, etc," Scott said, "but we definitely feel he should receive bail." But Walters said the state has proven that Bell cannot be trusted, even if he is being monitored by ministers. "Judge, as I've heard you say many time, probation means 'prove yourself'" Walters said. "All of the crimes you heard described in court today occured when Mr. Bell was on probation and was being monitored by a probation officer." The DA said Bell has proven that regardless of who is monitorin him, he will continue his path of violence and that is the main reason his bail should be denied. Drawing from the testimony of Rev. Young, Walters noted there were "stark differences" between Young's past and Bell's. "Rev. Young took advantage of the opportunity given him, " the DA said. "Mr. Bell was given that same opportunity but did not." Walters contended that being placed on probation in early 2006 was Bell's opportunity also afforded to Rev. Young early in his life, but unlike Young, Bell continued his cycle of violence. He went through Bell's history as a juvenile, from the charge of second-degree battery on Christmas Day 2005 up until the attack at Jena High School on December4, 2006. "All were crimes of violence or property," he said. "Including December 4, 2006 which began as attempted murder, and I think properly so, but ended as aggraved second-degree battery." "He (Bell) has taken advantage of this court and has proven he does not deserve bond," Walters concluded. In a rebuttal argument, Scott said that Bell is no longer a threat to the community and by having so many people come forward to say they are willing to monitor him, any potential danger has been eliminated. "He has matured a tremendous amount," Scott added. But Judge Mauffray did not buy into the argument. After reading several laws pertaining to the regulation of when a Judge can permit bail on a convicted felon, the judge concluded that "the way I read this article, I don't have an option." Mauffray said the three factors he had to consider in determining whether or not to allow Bell to be released on bail were: 1. Is it a serious offense. 2. The weight of the evidence. 3. The previous record. "it was a serious offense, aggravated second-degree battery is a serious offense. The weight of the evidence is that a jury found him guilty. His previous record, including all of those offenses committed from Christmas 2005 through December 2006, were committed while he was on probation," the Judge said. He also noted that the offenses Bell committed while on probation all fall into the category of crimes of violence. "You have four crimes of violence before December 4, 2006," Mauffray said. "It is reasonable for anybody to conclude past behavior is an indicator of future behavior." The judge said that on each of the crimes, there was in fact someone that was supposed to be monitoring Bell. "None of these people ahat are willing to help now were not around when your client needed help," Mauffray told Scott. "I do think that many people have excellent intentions to help your client, but I'm not convinced he would not be a danger." With that, the judge ordered the motion to reduce bond be denied and Bell was remanded back into the custody of the LaSalle Parish Sheriff's Department. Bell and his attorneys will be back in Mauffray's court september 4 on another series of motions asking the court to throw out the June conviction. His next court date will be September 20. On this date Mauffray will announce Bell's sentence for his part in the December 2006 attack at Jena High School. |