While the reason for Mychal Bell's return to incarceration is still unknown, some are questioning the motive.
The Rev. Al Sharpton said it is "revenge by (28th Judicial District Judge J.P. Mauffray Jr.) for the Jena Six movement."
But Pete Adams, the director of the Louisiana District Attorneys
Association, said Bell's is a routine case, and "that's all it is."
"It's not being handled any differently than any other case in
which there was an offender that was charged and put on probation and
then committed another crime," Adams said. "His probation was revoked,
and his pending crimes were considered. Under those circumstances, any
other case would be handled just like that."Gov. Kathleen Blanco agreed with Adams in a statement released Friday by her office.
The
Office of Youth Development is "following its customary procedures with
Bell, as it would with any youth committed to its custody by a court,"
she said in the statement.
"OYD will approach the court with its
recommendations for placement and service next week. ... As with all
cases, this recommendation will be based on a standard risk assessment
tool that looks at a youth's history, including behavior, school
record, family history, any previous offenses and what type, and
whether the youth presents a risk to the public," Blanco said.
But
Sharpton said nothing about this case has been typical since Day One,
his spokeswoman, Rachel Noerdlinger, said Friday afternoon.
Bell,
17, is the first of six black Jena High School students to be tried in
connection with the Dec. 4, 2006, attack on white student Justin Barker
at the school.
Following a nearly seven-hour-long juvenile
hearing Thursday at the LaSalle Parish Courthouse, Bell was taken back
into custody after two weeks of freedom.
He had been held in an
adult detention facility for about 10 months awaiting trial and then
sentencing after being convicted in June of felony aggravated
second-degree battery and conspiracy to commit that crime.
There
have been reports of Bell's current location being the Renaissance Home
for Youth in Alexandria, but no details about his case are being
released by Bell's family or attorneys after a gag order was issued
earlier this month by Mauffray.
Sharpton said in a news release Thursday that Bell has been sentenced to 18 months' detention for two prior pending cases.
During
a bond hearing in August in open court, four previous juvenile
adjudications were discussed -- two charges of battery and two of
criminal damage to property. Bell, according to testimony, was to have
been on probation until his 18th birthday -- Jan. 18, 2008 -- for a
Dec. 25, 2005, battery adjudication.
Adams said that just because
Bell's case has garnered so much attention -- he has been at the
forefront of the movement that brought tens of thousands of people to
the tiny community of Jena for a Sept. 20 rally -- Bell "doesn't get a
pass."
"And he's not getting an unfair shake either," Adams said.
"The wheels of justice grind slowly sometimes, but they grind very
fine."
While Sharpton is convinced that this is a clear-cut case
of injustice, Adams said justice has been done. Injustice, he said,
would be to let people go when they commit crimes.
"The court followed the procedures that they have in this case, like they do in other cases," Adams said.
But Sharpton said he's "extremely disturbed" by Thursday's decision.
"He's
pushing full-speed ahead with testifying in Washington, D.C., on
Tuesday," Noerdlinger said. "He knew the only way out of this was
federal intervention and/or state intervention, which happened on the
first round. He is not only reaching out to Blanco again, but also on
Tuesday on Capital Hill."
Sharpton, along with Bell's parents,
Marcus Jones and Melissa Bell, will be testifying Tuesday at 9:30 a.m.
before the U.S. House Judiciary Committee, Noerdlinger said.
In
her statement Friday, the governor further insisted that she will work
to ensure justice is carried out in Bell's case and others --
regardless of race or stature.
"Let me say once again that as
governor, as a mother and as a citizen, I condemn racism in any form,
and the people of Louisiana join me in respecting and promoting the
rights of all our citizens," Blanco said.
Case details
According to court testimony and documents, Bell hit Barker, knocking
him unconscious. And then Bell and a group of students repeatedly
kicked and stomped on Barker until intervention by other students and
faculty, according to testimony. Barker was treated for close to three
hours at a local emergency room and then released.Bell,
Robert Bailey Jr., Jesse Ray Beard, Carwin Jones, Bryant Purvis and
Theo Shaw were all originally charged with attempted murder. Charges
against Bailey, Jones and Shaw have been reduced to aggravated
second-degree battery and conspiracy to commit the same.
Details
about Beard's case are unknown, as he was 14 when arrested, and his
case is being handled in the juvenile court system. Purvis has yet to
be arraigned.
Bell was convicted in June of the reduced charges, but his new attorneys appealed the two convictions.
Mauffray
agreed with the attorneys and said jurisdiction for the conspiracy
charge should never have been in adult court. He vacated the charge,
sending it to juvenile court.
But he contended that the adult
justice system retained jurisdiction for the battery charge. The 3rd
Circuit Court of Appeal disagreed and ruled in favor of Bell's
attorneys, saying the charge should be vacated and handled in the
juvenile system as well.
After LaSalle Parish District Attorney
Reed Walters decided not to appeal that decision, Mauffray granted Bell
$45,000 bond, and Bell was released on bail on Sept. 27. He was placed
on house arrest with electronic ankle monitoring.
Bishop J.L.
George said Thursday that Bell is due in court to face the charges in
connection with the December incident at Jena High School on Dec. 6.
Bailey is scheduled for an adult jury trial on Nov. 26, although his attorney has said he has requested a continuance.