I can’t emphasize how far from over this is. Mychal Bell remains in jail, and the other five members of The Jena Six are still awaiting trial, with two still facing conspiracy and attempted second degree murder charges. Yesterday, a three judge panel ruled it was “premature” to consider releasing Bell, and refused to set a date to consider the motion.

A three-judge panel ruled Tuesday, however, that it would not consider a motion to free Bell from prison.

“The motion for release from custody, filed by the defendant in this court, is premature,” the panel ruled without setting a date for considering the motion.

The future of Bell’s case is up to the district attorney, who must decide whether to refile the charges in juvenile court, Bell’s attorney Bob Noel said last week.

Walters has at least two weeks to appeal, which means he will be taking his time. But even if he does file more charges, Bell must be charged as a juvenile, which makes the fact that he remains in an adult prison a complete travesty.

Bell has been in jail for over a year now for charges that no longer exist. He was the only one of the Jena Six whose family did not have the financial means to post bail, so he is not a flight risk. He is 17, and he remains in a grown man’s prison because what passes for the law in Louisiana thinks, despite the time already served for charges that have now been dismissed, he deserves to remain in jail.

Of the remaining two charged with conspiracy and attempted murder, one is a juvenile.

Charges against four of the teens — Bell, Carwin Jones, Theodore Shaw and Robert Bailey — have been reduced to battery and conspiracy. Shaw and Jones have not gone to trial. Bailey has pleaded not guilty to the charges and his trial is scheduled for November 26.

Bryant Purvis and an unidentified juvenile remain charged with attempted murder and conspiracy to commit murder.

So today we wear black. We wear black because The Jena Six are not an aberration, they are a symptom of a criminal justice system that is sick with racism, and that refuses to see the nature of its own arbitrary justice. We wear black because any one of us could be The Jena Six.

Today we wear black because this is far from over.

There are rallies all over the country today. Look for an event near you here.

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