Editor’s note: The Louisiana Supreme Court on Sept. 25 voted 5-2 to uphold the Third Circuit’s ruling.
ALEXANDRIA, La. — A state appeals court has reversed a ruling that would have allowed the public to see transcripts of all hearings in the case of the only Jena Six defendant to be tried so far.
A three-judge panel of the Third Circuit Court of Appeal unanimously ruled that because Mychal Bell’s case is in juvenile court, all records are private — even those of hearings that should have been open to the public.
He had been convicted in 2007 as an adult on a charge of second-degree battery in the December 2006 attack on another student at Jena High, but the Third Circuit overturned that verdict, saying he should have been tried as a juvenile.
Juvenile proceedings for felonies or violent crimes must be open to the public under Louisiana law, the Third Circuit ruled April 23. Both sides in the case agree that Bell’s case was a violent felony, it said, and Judge J.P. Mauffray Jr. should have opened the hearings.
However, the judges ruled, there is no requirement for a juvenile’s record or transcripts to be open.
It overturned 9th Judicial District Judge Thomas Yeager’s ruling that the transcripts should be public because the hearings should have been.
The Associated Press was among 25 news organizations that asked to attend hearings in Bell’s case, and to review transcripts of previous hearings and other court records.
Bell pleaded guilty in December to a juvenile charge of second-degree battery against another student, in return for an 18-month sentence with credit for the 10 months he already has served
“While I am pleased with the ruling, my main focus is on bringing the remaining five cases to resolution and bringing about justice for the victim in this case,” District Attorney Reed Walters said.
Mary Ellen Roy, the attorney representing the news-media agencies, said she was disappointed the files would remain closed, but said the ruling did set some precedent for the news media and public when it comes to intervening in juvenile hearings.
“What this means is that it will be a lot more difficult for the public to know what happened in this case in the juvenile court,” she said.
She and other attorneys are still considering an appeal of last week’s ruling.
There has been no recent word of talks earlier this year about possible plea agreements in the five remaining criminal cases. There also is a civil suit pending in connection with the case.