Posted on 07/21/2007 10:36:21 AM PDT by grundle
ATLANTA, July 20 — Only a few observers usually show up for arguments before the Georgia Supreme Court. But the gallery was packed on Friday as the seven justices heard two expedited appeals on behalf of a young man serving a mandatory 10-year sentence for having had consensual oral sex with a 15-year-old girl at a New Year’s Eve party in 2003.
The man, Genarlow Wilson, now 21, was convicted of aggravated child molestation, which was a felony in Georgia in 2003. The state legislature has since made the crime a misdemeanor.
Mr. Wilson, who was 17 at the time of the party, has served two years of the mandatory minimum sentence, which was so harsh it shocked even the jury members who convicted him. State law also requires that Mr. Wilson be listed as a sex offender for the rest of his life. The two appeals the court heard Friday dealt with whether Mr. Wilson’s sentence was constitutional and whether he is eligible for bond as his appeal moves through the legal system.
But Mr. Wilson’s lawyer, B. J. Bernstein, argued that Mr. Wilson’s case was unique and therefore demanded unique remedies. Even the state legislature realized the mistake made in Mr. Wilson’s case and fixed the law, Ms. Bernstein said, though it did not apply the remedy retroactively to her client.
“Over the years, it is highly extraordinary for our legislature to change a felony with lengthy mandatory minimum prison sentences from a felony to a misdemeanor,” Ms. Bernstein said, adding that she could not find another example as precedent.
(Excerpt) Read more at nytimes.com ...
I apologize (I’ll begrudgingly accept the AJC as correct, but am always wary of Wikipedia), as it appears you are correct. The younger girl may be bi-racial or have a white stepmother, because the lady standing on the Capital steps identified as her mother during a recent demonstration certainly looked white. It’s also interesting how many people I’ve heard say the only reason he got this penalty is that the girl was white.
Of course, the DA is white, so we still have one villain anyhow.
Because he already has met yours?
Johnson: The untold truth about Genarlow Wilson
Genarlow Wilson was charged with rape, contributing to the delinquency of a minor, aggravated sodomy and aggravated child molestation. He and five buddies videotaped their "party" on New Year's Eve with two young girls - one of whom was 17 and "semi-conscious" (according to the Georgia Court of Appeals) and another who was 15 and a minor.
This was not two star-crossed lovers on a date. Wilson engaged in intercourse with the 17-year-old after she was passed out drunk and high on drugs and encouraged the others to join him. She accused the young men of rape and has never recanted. Sex with a semi-conscious female who cannot grant consent is rape - even if she earlier granted it consensually. She also was locked in the bathroom in between the sex acts and this resulted in a "false imprisonment" conviction for one of the men. Later, all but one of them received oral sex from the minor. This is against the law in Georgia because a minor is not deemed capable of consenting to such an act.
Also see posts 26 and 31.
Because the plea bargain is what would still leave him a registered sex offender.
Opinions are what we are entitled to, and if you disagree with mine, then so be it. As to mine being “bone headed”, I think he got what he deserved, especially after being offered the plea bargain he and his Mother refused. Maybe you should take a course or two in being tolerant of others’ opinions before you start to castigate them just because you might disagree.I’d rather be “bone headed” than be stupid.
Judge orders Genarlow Wilson freed The Atlanta Journal-Constitution | 06/11/07
The attorney general's office disclosed that as recently as this past weekend Douglas County offered Wilson's attorneys a plea deal that would have allowed Wilson to avoid a criminal record and inclusion on the sex offender registry once his sentence had been completed. The plea deal would have also allowed Wilson to serve a "substantially shorter" prison sentence, possibly leading to his "release based upon time already served."
Wilson, through his attorneys, refused those offers.
>>Was there a gang-rape with drugs and alcohol first? See post 23.<<
that what what initially made me slow to take a position. Sometimes consensual sex charges are used to put someone in jail who the cops are convinced did actually do something nonconsensual.
After reading extensively including interviews with the girl, the girl’s mother and the legislator who wrote the now disgraced law I became convinced this continued prosecution is purely political and that there was non nonconsensual activity - its Georgia’s Nifong moment.
No. It's not. 2 girls, one semi-conscious (according to the Georgia Court of Appeals), one jailbait, as party favors is not "kids just having fun".
You seem to also forget: The 17 yr old was locked in the bathroom in between the sex acts and this resulted in a "false imprisonment" conviction for one of the men.
You can trivialize this all you like but it ILLEGAL and IMMORAL.
As well he might because, according to the very article you cite, the county insists on forcing Wilson to serve his sentence. Douglas County is APPEALING the judge's decision to free Wilson. A tinpot Javert's idea of 'zero tolerance' is bringing down major embrrassment upon Georgia.
The attorney general's office disclosed that as recently as this past weekend Douglas County offered Wilson's attorneys a plea deal that would have allowed Wilson to avoid a criminal record and inclusion on the sex offender registry once his sentence had been completed. The plea deal would have also allowed Wilson to serve a "substantially shorter" prison sentence, possibly leading to his "release based upon time already served."
The arrogance of the Taliban is unbounded. My point is that Douglas County had no business pursuing appeals after Georgia passed its "Romeo and Juliet exception". Passing the exception rendered the original charge void. You folks need to recall McDade and all his supporters, then try to forget they ever existed.
No. It didn't. They chose NOT to make it retroactive. And this was NOT a case of Romeo and Juliette. It was 6 guys using 2 girls as party favours. One was jailbait and one semiconscious, according to the Georgia Court of Appeals, and you think the drug and alcohol orgy was not punishable. The law states differently. Even the new one.
You folks need to recall McDade and all his supporters, then try to forget they ever existed.
I have no idea what this is in reference to.
The FACT is that Wilson could be free now, have no criminal record and would NOT be on the registry if he'd admit guilt and take the plea bargain. He wants a court to declare him innocent when a JURY found him guilty.
The ability to comprehend only what backs your point of view is a talent?
Btw, you overlook that even under the new law, Wilson would be guilty.
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