This morning, Glenn Reynolds sent me an email asking my thoughts on the Jena 6 case. I sent back a long reply with my understanding of what happened, and a bit of analysis–though both with the caveats that I’m far from an expert on the case. He published my reply verbatim.

Turns out, I was wrong on one point. I said that all of the Jena 6 had no prior record. Mychal Bell does in fact have prior convictions. All were as a juvenile, but his record had been sealed until a bond hearing last month. So his prior record wasn’t known to anyone before the end of last August, and wasn’t included in any media write-ups of the controversy. So I stand corrected. My apologies for the error.

As far as I know, none of the other Jena defendants has a prior criminal record. But certainly factor Bell’s record into your interpretation of the Jena controversy. I still think the case stinks. But it does make the charges against Ball seem less outrageous.

Also, to clarify my own position, I don’t think the Jena 6 should have been let off. I just think the disparity in the respective charges against white versus black aggressors in this case is unfortunate, particularly in a case already so emotionally and racially charged. Misdemeanor assault charges would have been appropriate, given the circumstances. Attempted murder was just absurd.

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