A Death in Destrehan

By Bob Herbert, Op-Ed Columnist / New York Times
Destrehan, Louisiana, February 1, 2007 

On the afternoon of Oct. 7, 1974, a mob of 200 enraged whites, many of them students, closed in on a bus filled with black students that was trying to pull away from the local high school. The people in the mob were in a high-pitched frenzy. They screamed racial epithets and bombarded the bus with rocks and bottles. The students on the bus were terrified.

When a shot was heard, the kids on the bus dived for cover. But it was a 13-year-old white boy standing near the bus, not far from his mother, who toppled to the ground with a bullet wound in his head. The boy, a freshman named Timothy Weber, died a few hours later.

That single shot in this rural town about 25 miles up the Mississippi River from New Orleans set in motion a tale of appalling injustice that has lasted to the present day.

Destrehan was in turmoil in 1974 over school integration. The Supreme Court’s historic desegregation ruling was already 20 years old — time enough, the courts said, for Destrehan and the surrounding area to comply. But the Ku Klux Klan was still welcome in Destrehan in those days, and David Duke, its one-time imperial wizard, was an admired figure. White families in the region wanted no part of integration.

When black students were admitted to Destrehan High, they were greeted with taunts, various forms of humiliation and violence. Some of the black students fought back, and in the period leading up to the shooting there had been racial fights at a football game and inside the school.

While the Weber boy was being taken to a hospital, authorities ordered the black students off the bus and searched each one. The bus was also thoroughly searched. No weapon was found, and there was no evidence to indicate that the shot had come from the bus. The bus driver insisted it had not come from the bus, but from someone firing at the bus.

One of the black youngsters, a 16-year-old named Gary Tyler, was arrested for disturbing the peace after he talked back to a sheriff’s deputy — one of the few deputies in St. Charles Parish who was black. It may have been young Tyler’s impudence that doomed him. He was branded on the spot as the designated killer.

(Later, at a trial, the deputy, Nelson Coleman, was asked whose peace had been disturbed by Mr. Tyler’s comments. “Mine,” he replied.)

Matters moved amazingly fast after the shooting. Racial tension gave way to racial hysteria. A white boy had been killed and some black had to pay. Mr. Tyler, as good a black as any, was taken to a sheriff’s substation where he was beaten unmercifully amid shouted commands that he confess. He would not.

It didn’t matter. In just a little over a year he would be tried, convicted by an all-white jury and sentenced to death by electrocution.

The efficiency of the process was chilling. Evidence began to miraculously appear. Investigators “found” a .45-caliber pistol. Never mind that there were no fingerprints on it and it turned out to have been stolen from a firing range used by the sheriff’s deputies. (Or that it subsequently disappeared as conveniently as it was found.) The authorities said they found the gun on the bus, despite the fact that the initial search had turned up nothing.

The authorities found witnesses who said that Mr. Tyler had been the gunman. Never mind that the main witness, a former girlfriend of Mr. Tyler’s, was a troubled youngster who had been under the care of a psychiatrist and had a history of reporting phony crimes to the police, including a false report of a kidnapping. She and every other witness who fingered Mr. Tyler would later recant, charging that they had been terrorized into testifying falsely by the police.

A sworn affidavit from Larry Dabney, who was seated by Mr. Tyler on the bus, was typical. He said his treatment by the police was the “scariest thing” he’d ever experienced. “They didn’t even ask me what I saw,” he said. “They told me flat out that I was going to be their key witness. … They told me I was going to testify that I saw Gary with a gun right after I heard the shot and that a few minutes later I had seen him hide it in a slit in the seat. That was not true. I didn’t see Gary or anybody else in that bus with a gun.”

Mr. Tyler was spared electrocution when the Supreme Court declared Louisiana’s death penalty unconstitutional. But in many ways he has in fact paid with his life. He’ll turn 50 this year in the state penitentiary at Angola, where he is serving out his sentence of life without parole for the murder of Timothy Weber.

Gary Tyler Walks Free from Angola After 41 Years Imprisoned

Democracy Now!
May 2, 2016

In Louisiana, Gary Tyler has walked free from the Angola prison after serving 41 years for a murder many believe he did not commit. Tyler, an African American, has been jailed since he was 16 years old after an all-white jury convicted him based entirely on the statements of four witnesses who later recanted their testimony. His case has been called one of the greatest miscarriages of justice in the modern history of the United States.

Gary Tyler finally released!

St Charles Herald Guide
By Anna Thibodeauz
April 29, 2016

After serving 41 years in prison for the 1974 shooting death of Timothy Weber, Gary Tyler of St. Rose pleaded guilty to manslaughter as part of a plea agreement in the decades old case and walked out of court today (April 29) a free man.

Until today’s hearing before Judge Lauren Lemmon, Tyler had maintained his innocence but told Lemmon he wanted to accept responsibility for his role in the shooting of the 13-year-old Norco resident.

“I have been incarcerated since I was 16 years old. I am now 57 years old,” Tyler said in a statement to Lemmon. “While in prison, I tried my best to live a purposeful life and to become a responsible and caring adult. I am committed to living a meaningful and purposeful life outside of prison. I hope that I will be able to help others to find the way to peaceful resolution of conflict and to show compassion for each other, for the benefit of our community, our families and the world in which we live.”

St. Charles Parish District Attorney Joel Chaisson II said Weber’s parents did not want to attend the hearing, but concurred with his plea deal.

Chaisson said the plea agreement was based on the following factors: Tyler’s willingness for the first time in more than 41 years to admit responsibility for Weber’s death; federal court finding the jury’s original guilty determination was “fundamentally unfair;” the Louisiana Parole Board voting three times to reform Tyler’s sentence from a life sentence to a term of years so he could be released from prison; Tyler’s positive accomplishments while incarcerated and Weber’s parents’ acceptance and understanding in the case that this was a reasonable resolution in the case.

At a time when the parish was embroiled in racial tension, Weber was shot on Oct. 7, 1974 on the grounds of Destrehan High School. Tyler, who was arrested and charged as an adult, was convicted of the homicide in 1975, and was sentenced to death. He spent two years on death row at the Louisiana State Penitentiary at Angola.

Tyler’s death sentence was later overturned and a life sentence imposed.

In June 2013, Tyler filed a motion based on the 2012 Miller vs. Alabama decision that held mandatory life sentences without the possibility of parole for juvenile offenders violated the U.S. Constitution. The 2016 Montgomery vs. Louisiana decision held that its holding Miller must be applied retroactively that required all juveniles with this life sentence to either be re-sentenced or considered for parole.

The plea agreement resolved the issues that were raised by the holdings in these two cases without requiring appellate reviews and/or pardon board hearings, which according to Chaisson, the Weber family sought to avoid.

Lemmon asked Tyler, “How do you plea?”

“Guilty,” he replied.

Lemmon accepted his plea and sentenced him to the maximum 21-year sentence for manslaughter.

“You should be released today with credit for time served,” she said. “There are no winners in this case – none,” Lemmon said. “I hope this brings some closure. The best of luck to you.”

Having served 41 years (two of them on death row), Tyler left court on Friday a free man.

Tyler expressed to the Weber family that he was “truly sorry for their loss and pain. I accept responsibility for my role in this.” He also asked for prayers for the Weber family, “and for healing in the days and weeks to come.

Chaisson praised Weber’s parents “for their determination to seek justice for their son, for their endurance in the face of years of protracted legal battles in this case, and for their acceptance and understanding that a resolution wherein this matter is finally resolved with a guilty plea is in society’s best interest.”

After more than 4 decades in prison, Gary Tyler finally free

KATC ABC TV
By CHEVEL JOHNSON
Associated Press

NEW ORLEANS (AP) – After almost 42 years at Louisiana’s maximum security prison, Gary Tyler is a free man.

Tyler had been jailed at the Louisiana State Penitentiary at Angola since he was 16, convicted of first-degree murder for the 1974 slaying of a fellow Destrehan High School student amid rising racial tensions surrounding school integration. Now 57, he was released Friday.

Norris Henderson, a counselor helping ease Tyler’s re-entry into society, says Tyler’s first reaction after walking out of Angola was relief.

Tyler’s life sentence was recently declared unconstitutional. The St. Charles Parish district attorney’s office agreed to vacate Tyler’s conviction and Tyler agreed to enter a guilty plea to manslaughter and receive the maximum sentence of 21 years. Since he had served more than twice that, he was released about 4:45 p.m.

A long time for killing

MWC News
by Michael Parenti
September 22, 2015

Today, across the nation, we witness homicidal violence delivered against unarmed people by law enforcement officers. These beatings and killings are carried out with something close to impunity. The cops almost always get away with murder. Moreover, these crimes are nothing new; they are longstanding in practice.

A study of police brutality in three major cities—conducted just about half a century ago in 1967—found that all the victims had one thing in common: they were from low-income groups. Other studies however showed that it often was enough just to be Black, even if middle class.

Take the case of Carl Newland, an African-American, 48-year-old accountant who happened to be walking by a newsstand that had just been robbed one evening in 1975. He was roughed up by the police, then brought before the newsstand clerk, who emphatically denied that Newland was the stickup man. Nevertheless, because of his “belligerent attitude” he was taken to jail and severely beaten by the police, according to statements by several prisoners. He died in his cell that same night. Consider some other cases.

About a half century ago, a Black man was forced to lie face down in a Detroit motel and a policeman cold-bloodedly pumped a bullet into his head.

–At about that same time, a 10-year-old Black boy walking with his foster father in Queens, New York, was killed by a plainclothes policeman who leaped from his unmarked car, firing away without identifying himself, shouting “Hey niggers!”

–A White “hippie” (as counterculture people were called in the late 1960s and 1970s ), finding his home suddenly surrounded by unidentified, armed men in Humboldt County, California, fled in terror out the back door only to be shot dead by county police and narcotic agents surrounding his house, the wrong house. Raiding the wrong house and shooting its frightened inhabitants became a regular pastime decades ago. “Fighting crime” and “fighting the drug war” were the call of the day.

–A 12-year-old Chicano boy in Dallas, arrested as a burglary suspect, was shot through his head by a cop.

–A Black shell-shocked Vietnam veteran was killed by two police on a Houston street as he reached into his pocket to take out a Bible.

–In Champaign, Illinois, in 1970, a frightened African American bookstore employee attempted flight when police menacingly approached his car. He was shot in the back. The culpable officer was indicted for voluntary manslaughter, released on a $5,000 bond and soon found “not guilty” by an all-White, middle-American jury.

–In Cambridge, Massachusetts, an Italian-American, working-class youth was beaten to death by cops in a police van.

–A New York policeman shot a 22-year-old Black college student who was standing with his hands in the air. Then the cop planted a toy pistol next to the victim’s body.

–A Chicano youth in Houston was taken to a secluded spot by cops, beaten until unconscious, then thrown into a bayou to drown.

–A Black youth, who was attempting to retrieve a basketball in a schoolyard, was shot through the head by Chicago police. One could go on and on with stories from years past about how the courageous Thin Blue Line repeatedly saved us with their endless killings.

Today, sparked by body-cam videos and social media, people are giving more attention to eye-witness accounts of such frightful events. Our Boys in Blue are being challenged by groups such as Black Lives Matter. But let us not overlook the many who were victimized by police during the late 1960s and 1970s and who are still with us, not merely in memory but in actuality. That is to say, a substantial number of those unjustly convicted long-ago are still in prison today. We all can name some of them: Mumia Abu-Jamal, Leonard Peltier, Herman Bell, Janine Africa, Hugo Pinell, and others. Consider also the lesser known cases. One that I have in mind is Gary Tyler.

In 1974 in Louisiana, a bus carrying Black children was attacked by a mob of Whites, some of whom were armed. According to the bus driver, a gun was fired from the attacking crowd. The shot missed the bus but killed a White youth in the surrounding crowd. The police arrived and forced the Black students out of the bus and to their knees. One of them, Gary Tyler (16-years-old at the time) was arrested for “interfering with an officer.” What he actually did was voice his objection to the deputy sheriff’s putting a gun to the heads of kneeling Black students.

The police claimed they found a gun on the bus but it curiously turned out to be a police revolver with no fingerprints. Nevertheless Gary was charged with being the possessor of the gun and murderer of the White youth. He was convicted by an all-White jury and sentenced to die in the electric chair.

The prosecution’s case rested entirely on two witnesses, both of whom recanted their testimony. Both charged that police had coerced them into fingering Tyler. The police had threatened to take one witness’ child away from her and charge her as an accessory to the killing. In any case, the judge refused to grant a new trial. Gary ended up with a life sentence and no chance of parole.

This 16-year old student, Gary Tyler, had attempted to calm a snarling officer who was uttering threats while pointing his loaded weapon at the heads of Black school children. Gary could sense the rage emitting from the trigger-happy cops. Over the years many of us have confronted police in one or another such situation. Nowadays we get numerous same-day recordings of “cops gone wild” with pile-on beatings and shootings of unarmed civilians. On each occasion the local police department announces, “The incident is under investigation.” The killer cop usually is given “administrative leave with pay,” or what some of us would call “paid vacation.”

The police tell us that the victim was reaching for his waist ban or was holding a cellphone in his hand that looked like a gun—certainly enough like a gun to perforate him with a deluge of bullets. The public hears the cop’s familiar story. When attorneys and media ask for more information, what we get is what the police department decides they want us to see. Before too long, the accused cop is kindly stroked by a White, suburban Grand Jury and an obligingly soft-handed prosecutor who has his own eye on a more elevated juridical or political office, and who therefore does not want to offend his war-against-crime White constituency.

Gary Tyler is now 57 years old. He has been in prison since he was 16. He will likely remain incarcerated for the rest of his life unless the numerous pleas from around the country and from countries around the world should start having some impact.

There are scores of prisoners of political note, and hundreds of others like Gary who were just in the wrong place or just speaking up against the potentially lethal behavior of police. They continue to be victimized by a law enforcement system capable of the most venal acts both within the community and in the courtroom, taking away whole lifetimes of innocent people by use of street executions or judicial killings or perpetual incarcerations—an abuse of justice that is beyond measure.

Michael Parenti’s most recent books are Waiting for Yesterday: Pages from a Street Kid’s Life (an ethnic memoir); and Profit Pathology and Other Indecencies.

Free at last?

Alice Through the Macro Lens
June 27, 2012

He always had a feeling it would always come down to just one person. One governor to agree to sign the release. One judge to admit his mistake. One man to cleanse his soul and confess his sin.

On Monday 25th June 2012, the Supreme Court of the United States of America held that “The Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile homicide offenders.” He was a juvenile when he was sentenced for a homicide. The state mandated that he had to be sentenced to death or to life imprisonment without the possibility of parole. This ruling applies to him. Five Supreme Justices concurred; four dissented. One vote separated the ayes from the nays. One person decided that potentially he can finally be free. If one person who said aye had said nay, this too would have been a dead end. But they didn’t. Five to four. The ayes have it.

His juvenile years are long gone, as is much of his adult life. His once defiant dreadlocks  thinned and turned to grey many years ago and have since been shaved off. But devotion to maintaining a disciplined regime to keep body and soul healthy has kept the spirit alive. His eyes still hold that flame of defiance.

For 38 years he maintained his innocence, but since the youthful age of 16, Gary Tyler has been imprisoned. Contained. Caged.

“Just say you did it, and we’ll let you out,” they teased. He would have none of it.

Three separate pardon boards recommended release. The state of Louisiana would have none of it.

Stalemate. Standoff. Each party digging in their heels and refusing to budge. The man refusing to admit any guilt; the state refusing to accept they may have made a mistake.

Now the Supreme Court has offered both parties a compromise. A win-win situation. Louisiana can release Gary Tyler from his nearly four decade long nightmare on a technicality. Louisiana won’t have to admit they made a gross error in legal and moral judgement, and Gary Tyler won’t have to rollover to the establishment. The Supreme Court, the highest court in all the land, has decided that sentencing a child under the age of 18 to a sentence of life without parole is “cruel and unusual punishment.” Nobody can contest it, because there is no court higher to lodge an appeal. The Supreme Court has decided that the cases involving all those children that received life without parole as a result of their state’s mandatory sentencing rules should be revisited. Neither party has to admit their failings. Neither has to admit any guilt.

The standoff can end.

The Wrong Place at the Wrong Time

Maine Coast Now
By Lawrence Reichard
February 14, 2007

Two days ago I opened the New York Times and there it was, the first new article on Gary Tyler in years. Never mind Katrina, this man has been living his own personal hell in Louisiana for 33 years, two thirds of his life, and there is no end in sight. Gary Tyler has been buried alive by the state of Louisiana, and it’s all legal. Gary’s crime? Being in the wrong place at the wrong time. And being black.

In 1974, at the age of 16, Gary was convicted of killing a 13-year- old white boy during a race riot at Destrehan High School in Destrehan, La., 25 miles upriver from New Orleans. In 2003, I visited Gary in Louisiana’s infamous Angola State Penitentiary, Gary’s home for the last 32 years. At one point courts took over the administration of Angola because the prison’s personnel couldn’t seem to stop torturing their charges. Those days are over, but Gary Tyler’s nightmare lives on.

Years ago Gary’s case attracted considerable attention. Amnesty International expressed concern about it. Gary inspired songs by Gil Scott Heron and Aaron Neville. He had an active defense committee. But now, well into his fourth decade in prison, Gary has been all but forgotten. When I visited Gary, gone was the young, wiry, defiant kid depicted in a photo taken the day Timothy Weber died. Gone was the young radical militant with dreadlocks I had seen in other photos. I spent two days with a quiet, soft-spoken man approaching middle age who could stand to lose a few pounds and seemed to be well liked by fellow inmates and captors alike.

Gary wasn’t even at Destrehan High School when the riot broke out. He was hitchhiking with a friend when a police detective stopped them. Not believing Gary’s story that he had been suspended from school, the detective searched Gary, put him in his cruiser and drove him to Destrehan High, depositing him in the middle of a full-blown riot. The scene was ugly. Armed whites were descending on the school, which had been closed for the day because of the riot. Black students were scrambling to get on any bus they could just to get away. Gary rounded up some of his relatives and they boarded bus 91. As bus 91 pulled out, a white mob lined the bus’ path, yelled epithets and hurled stones at the bus. A shot rang out and Timothy Weber, standing outside the bus, was shot and killed.

Police stopped the bus and forced off all its students. They asked Gary’s cousin about a bullet necklace he was wearing and when Gary mouthed off about this he was arrested for disturbing the peace. Police searched the bus twice, looking for the gun that killed Timothy Weber. They even removed the seat cushions, but they found nothing. At trial, the driver of bus 91, a combat veteran, testified there was ‘no way’ a gun had been fired on bus 91.

They took Gary to a police substation, and that’s where things began to go seriously downhill for Gary Tyler.

According to Gary, his mother and several of his fellow students, all of whom were at the police substation, the police did a real number on Gary that day, beating him so badly they had to cover him with a jacket when they transferred him the next day amidst intense media coverage.

In the words of Bob Dylan, Gary’s trial was a pig circus ‘ he never had a chance. The state’s star witness was a young woman who had been jilted by Gary, was mentally ill and had a history of fabrications ‘ she had once fabricated her own kidnapping. Natalie Blanks later recanted her testimony, saying the police had threatened to send her to prison if she didn’t ‘cooperate.’ Two other witnesses against Tyler later recanted their testimony, alleging similar police threats. The alleged murder weapon, miraculously found after two unsuccessful searches, was later revealed to have been missing from a police firing range ‘ and then the gun disappeared, again. The state alleged that a trace substance found on Tyler’s gloves ‘was consistent with’ gunpowder, but the technician who claimed this later lost his job for lying in another case.

Tyler’s lawyer had never tried a capital case. According to Tyler, Jack Williams met with his client only 2-3 times, for a total of 2-3 hours, before trial, and Williams’ recollection is scarcely more flattering. Williams interviewed only two witnesses prior to trial and he failed to object to the judge’s faulty and extremely prejudicial jury instructions. Williams failed to request a change of venue, despite repeated requests by Tyler and his mother. With a busload of students to draw from, the defense called only six witnesses. Williams later went on to become an assistant D.A., a curious promotion for a man of questionable competence.

In a state that is one-third black, Tyler’s jury of 12 peers was all white. Gary was originally sentenced to death and became the youngest death row inmate in the country. But when the Supreme Court temporarily tossed out the death penalty, Tyler’s sentence was changed to life at hard labor.

Most states have moved to life sentences of determinate length, but not Louisiana. Under Louisiana’s draconian and outdated system, life sentences are of indefinite length ‘ at no point is the state required to grant a parole hearing. Tyler has twice been recommended for pardons but in both cases governors declined to follow the recommendations of their own pardon boards. And so Gary Tyler sits and waits for a miracle, much as he has for the last 33 years. It is high time for Louisiana Governor Kathleen Babineaux Blanco to provide that miracle by commuting Gary Tyler’s sentence to time served. Blanco’s address is: P.O. Box 94004; Baton Rouge, LA 70804.

“They Beat Gary So Bad”

By Bob Herbert, Op-Ed Columnist / New York Times 
St. Rose, Louisiana, February 8, 2007 

Juanita Tyler lives in a neat one-story house that sits behind a glistening magnolia tree that dominates the small front lawn.

She is 74 now and unfailingly gracious, but she admits to being tired from a lifetime of hard work and trouble. I went to see her to talk about her son, Gary.

The Tylers are black. In 1974, when Gary was 16, he was accused of murdering a 13-year-old white boy outside the high school that they attended in nearby Destrehan. The boy was shot to death in the midst of turmoil over school integration, which the local whites were resisting violently.

The case against young Tyler – who was on a bus with other black students that was attacked by about 200 whites – was built on bogus evidence and coerced testimony. But that was enough to get him convicted by an all-white jury and sentenced to die in the electric chair. His life was spared when the Louisiana death penalty was ruled unconstitutional, but he is serving out a life sentence with no chance of parole in the state penitentiary at Angola.

Ms. Tyler’s sharpest memory of the day Gary was arrested was of sitting in a room at a sheriff’s station, listening to deputies in the next room savagely beating her son.

“They beat Gary so bad,” she said. “My poor child. I couldn’t do nothing. They wouldn’t let me in there. I saw who went in there. They were like older men. They didn’t care that I was there. They didn’t care who was there. They beat Gary something awful, and I could hear him hollering and moaning. All I could say was, “Oh Jesus, have mercy.”

“One of the deputies had a strap and they whipped him with that. It was terrible. Finally, when they let me go in there, Gary was just trembling. He was frightened to death. He was trembling and rocking back and forth. They had kicked him all in his privates. He said, “Mama, they kicked me. One kicked me in the front and one kicked in the back.” He said that over and over.

“I couldn’t believe what they had done to my baby.”

The deputies had tried to get Gary to confess, but he wouldn’t. Ms. Tyler (like so many people who have looked closely at this case) was scornful of the evidence the authorities came up with.

“It was ridiculous,” she said. “Where was he gonna get that big ol’ police gun they said he used? It was a great big ol’ gun. And he had on those tight-fitting clothes and nobody saw it?”

The gun that investigators produced as the murder weapon was indeed a large, heavy weapon – a government-issued Colt .45 that had been stolen from a firing range used by the sheriff’s department. Deputies who saw Gary before the shooting and those who searched him (and the rest of the black students on the bus) immediately afterward did not see any gun.

“I don’t know where the police got that gun from,” said Ms. Tyler. “But they didn’t get it from my son, that’s for sure.”

Ms. Tyler worked for many years as a domestic while raising 11 children. Her husband, Uylos, a maintenance worker who often held three jobs at a time, died in 1989. “He had a bad heart,” Ms. Tyler said.

She shifted in her chair in the living room of the small house, and was quiet for several minutes. Then she asked, “Do you know what it’s like to lose a child?”

I shook my head.

“I always felt sorry for that woman whose son was killed,” she said. “That was a terrible time. I remember it clear, like it was yesterday. But what happened was wrong. The white people, they didn’t want no black children in that school. So there was a lot of tension. And my son has paid a terrible price for that.

“They didn’t have no kind of proof against him, but they beat him bad anyway, and then they sentenced him to the electric chair.”

Ms. Tyler visits Gary at Angola regularly, the last time a few weeks ago. “He’s doing well,” she said. “And I’m glad that he’s able to cope. He tries to help the young ones out when they come in there. He always tells me, “My dear, you have to stay strong so I can stay strong.” So then I just try to hold my head up and keep on going.”

She looked for a moment as if she was going to cry, but she didn’t.

“It’s just sad,” she said. “I wonder if he’ll ever be able to come out. I wonder will I live long enough to see him out.”

Gary Tyler’s Lost Decades

By Bob Herbert, Op-Ed Columnist / New York Times
Destrehan, Louisiana, February 5, 2007 

The term time warp could have been coined for this rural town of 11,000 residents that sits beside, and just a little below, the Mississippi River. A remnant of the sugar-plantation era, the region’s racially troubled past is always here, seldom spoken about but inescapable, like the murk in the air of a perpetually stalled weather front.

The Harry Hurst Middle School is on the site of the old Destrehan High School, which was the scene of violent protests during the integration period of the 1970s. Local residents have tried to blot out the murder case that made Destrehan High notorious three decades ago, but there’s a big problem with that collective effort to forget. The black teenager who was railroaded into prison (and almost into the electric chair) for the murder of a white student in 1974 is still in prison all these many years later. He’s middle-aged now, still suffering through a life sentence without any chance for parole in the notorious state penitentiary at Angola.

There is no longer any doubt that the case against the teenager, Gary Tyler, was a travesty. A federal appeals court ruled unequivocally that he did not receive a fair trial. The Louisiana Board of Pardons issued rulings on three occasions that would have allowed Mr. Tyler to be freed.

But this is the South and Mr. Tyler was a black person convicted of killing a white. It didn’t matter that the case was built on bogus evidence and coerced witnesses, or that the trial was, in the words of the U.S. Court of Appeals for the Fifth Circuit, “fundamentally unfair.” Mr. Tyler was never given a new trial and the pardon board recommendations were rejected by two governors.

(Lurking in the background as the case unfolded was David Duke, a former grand wizard of the Ku Klux Klan who was very active politically in Louisiana and always ready to inject his poison into the public issues of the day. If you drive around Destrehan and nearby communities today you will still see some of the old blue-and-white campaign signs for Duke.)

Mr. Tyler, a sophomore at Destrehan High, was on a bus filled with black students that was attacked on Oct. 7, 1974, by a white mob enraged over school integration. A shot was fired and a 13-year-old white boy standing outside the bus collapsed, mortally wounded. Mr. Tyler was arrested on a charge of disturbing the peace after he talked back to a sheriff’s deputy.

Although the bus and its passengers were searched and no weapon was found, Mr. Tyler was taken into custody, savagely beaten and accused of committing the murder. A gun was found during a subsequent search of the bus and witnesses were rounded up to testify against Mr. Tyler. It turned out that the gun (which has since disappeared) had been stolen from a firing range used by officers of the sheriff’s department. All of the witnesses who fingered Mr. Tyler would eventually recant, saying they had been terrorized into testifying falsely by the authorities.

Mr. Tyler was represented at trial by a white sole practitioner who had never handled a murder case, much less a death penalty case. He kept his meetings with his client to a minimum and would later complain about the money he was paid.

The outcome was predictable. Mr. Tyler was convicted and sentenced to die in the electric chair by an all-white jury. At 17, he was the youngest prisoner on death row in the country. He almost certainly would have been executed if the U.S. Supreme Court had not ruled the Louisiana death penalty unconstitutional.

The Fifth Circuit ruling in 1981 said that an improper charge to the jury had denied Mr. Tyler the presumption of innocence at his trial. It is folly, the court said, to argue that the erroneous charge did not affect the central determination of guilt or innocence.

What was folly was any expectation that Mr. Tyler would be treated fairly at any point. Despite the appeals court ruling, he was denied a new trial on a technicality.

Now consider this, because it will tell you all you need to know about racial justice in the South. A 19-year-old black man named Richard Dunn was shotgunned to death as he was heading home from a benefit dance in support of Mr. Tyler at Southern University in New Orleans in 1976. A white man, Anthony Mart, was arrested and convicted of shooting Mr. Dunn from a passing car.

Gary Tyler’s current attorney, Mary Howell, ruefully explained what happened to Mr. Mart for the cold-blooded killing of a black stranger: He was sent to prison for life but was pardoned and freed after serving about 10 years.