Docket | April 2009

ACLU Joins “Justice for Jason” Defense

African-American student at UMass Amherst faces more serious charges than his white assailants

Intoxicated intruders at UMass Amherst smashed a dormitory window, shouted racial slurs at occupant Jason Vassell, and broke Vassell’s nose when they found him inside his building—yet Vassell, who is African-American, must now defend himself in court against far more serious charges than his white assailants. ACLU of Massachusetts lawyers John Reinstein and Bill Newman have joined with Vassell’s defense attorneys, David P. Hoose and Luke Ryan, in seeking dismissal of all charges against Vassell on the grounds that this is a discriminatory prosecution.

According to Vassell’s defense, two intoxicated men—John Bowes and Jonathan Bosse—peered into his first-floor dormitory window early in the morning of February 3, 2008, while Vassell visited with friends. When Vassell told them to leave, they shouted racial slurs and demanded a fight.

When Vassell refused, the men smashed his window and gained entrance to the dormitory lobby, where Vassell had gone to meet a friend he called for help. Vassell warned the intruders to leave, but the larger of the two men punched Vassell in the face, breaking his nose. During the ensuing fight, Vassell used a pocketknife to defend himself, stabbing both the men before escaping behind a locked door while the intruders shouted obscenities and tried to get through it until police arrived.

In spite of overwhelming evidence that this was an unprovoked and racially motivated attack on a black student by two white non-students, the investigation focused almost immediately on Vassell, with one police officer assuming that it was a drug deal. Vassell was arrested and held on high bail, and now faces two counts of aggravated assault and battery with a deadly weapon. If convicted, Vassell could serve 30 years in prison. Bowes faces only misdemeanor charges with a maximum 18-month sentence, while Bosse has not been charged. Both Bosse and Bowes appear in police reports alleging involvement in other violent incidents.

“This case raises serious questions about racial bias,” said Carol Rose, executive director of the ACLU of Massachusetts. “It’s bad enough that Jason Vassell had to endure racial slurs and a violent attack from intruders in his dormitory, and it’s very hard to understand why he now faces far more serious charges than the two white assailants he defended himself against.”

This story appeared in the April 2009 issue of the ACLU of Massachusetts newsletter, The Docket.

Download issue (PDF, 1.4 MB)