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  • Judge orders man in Ga. sex case freed

    This just sickens me!!! Half the US has had sex in highschool! why wasn't the 15 y/o convicted for performing oral sex on a minor!!
    What has the system come too?




    ATLANTA — A judge on Monday ordered the release of a Georgia man who is serving 10 years in prison for a consensual sex act with a 15-year-old girl when he was 17.
    Despite the ruling, Genarlow Wilson's freedom wasn't assured.


    VIDEO: Judge void's Wilson's sentence

    Georgia Attorney General Thurbert Baker appealed, saying the judge had no authority to modify the trial court's judgment.

    It was unclear when Wilson might be released, said his lawyer, B.J. Bernstein. He has been in prison for two years.

    FIND MORE STORIES IN: Ga | New Year's Eve party
    "Why they want to keep Genarlow Wilson in prison is beyond me," Bernstein said. "It was teenage consensual sex. He is not a violent sexual predator."

    Wilson, 21, is a former homecoming king and athlete with a 3.2 grade point average at Douglas County High School in Douglasville, Ga.

    His conviction stemmed from a New Year's Eve party in a motel room in 2003. Wilson and other male partygoers were videotaped having intercourse with a 17-year-old girl and receiving oral sex from a 15-year-old girl. He was acquitted of raping the older girl and found guilty of aggravated child molestation of the younger girl, which at that time was how state law categorized oral sex when the male was 17 and the female was younger than 16. At those ages, intercourse would have been a misdemeanor.

    Wilson's felony conviction came with a mandatory minimum sentence of 10 years and the requirement to register as a sex offender. That registration would restrict where he could live and work.

    His mother, Juannessa Bennett, said he would not be permitted to live with her because she has a daughter, 8.

    Last year, Georgia modified its law. Oral sex at those ages now is a misdemeanor, with no requirement for sex-offender registration. The change was not retroactive.

    Bernstein argued in court last week that Wilson's punishment was excessive and violated the U.S. Constitution's ban on "cruel and unusual" punishment.

    In his ruling Monday, Monroe County Judge Thomas Wilson, no relation to Genarlow Wilson, called his sentence "a grave miscarriage of justice."

    "If this court, or any court, cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish … justice being served in a fair and equal manner," he wrote.

    The judge threw out Wilson's sentence, amended his conviction to a misdemeanor and sentenced him to 12 months, with credit for time served. Under the ruling, Wilson would not be required to register as a sex offender.

    Bernstein said she has requested a hearing to have Wilson released on bond pending the attorney general's appeal.

    Baker said in a written statement that he has requested an expedited ruling from the Georgia Supreme Court.

    "This law was meant to go after adult pedophiles," Bernstein said. "It was not ever meant to be used against teenagers."

    Given the ruling, the cases of other sex offenders should be reviewed, said Sara Totonchi of the Southern Center for Human Rights, a non-profit law firm that represents prisoners.

    Georgia has 156 prisoners who may be in similar circumstances because they were convicted of aggravated child molestation when they were 21 or younger, said Mallie McCord, spokeswoman for the Department of Corrections.


    Contributing: The Associated Press
    *Don't argue with idiots someone watching may get confused.

    *We're all here because we ain't all there

  • #2
    Originally posted by troopertobe View Post
    This just sickens me!!! Half the US has had sex in highschool! why wasn't the 15 y/o convicted for performing oral sex on a minor!!:What has the system come too?

    Hate to be playing the race card, but I think we all know why.

    Comment


    • #3
      Originally posted by bigislander72 View Post
      Hate to be playing the race card, but I think we all know why.
      Black kid in Georgia facing 10 years like he was a sexual predator or something. One is forced to wonder.
      -I don't feel you honor someone by creating a physical gesture (the salute). You honor them by holding them in memory and, in law enforcement, proceeding in vigilant, ethical police work. You honor this country or deceased soldiers or whatever you're honoring when you salute a flag by thinking, feeling, and continuing a life of freedom.

      --ArkansasRed24

      Comment


      • #4
        Originally posted by troopertobe View Post
        This just sickens me!!! Half the US has had sex in highschool! why wasn't the 15 y/o convicted for performing oral sex on a minor!!
        What has the system come too?



        ATLANTA — A judge on Monday ordered the release of a Georgia man who is serving 10 years in prison for a consensual sex act with a 15-year-old girl when he was 17.
        Despite the ruling, Genarlow Wilson's freedom wasn't assured.


        VIDEO: Judge void's Wilson's sentence

        Georgia Attorney General Thurbert Baker appealed, saying the judge had no authority to modify the trial court's judgment.

        It was unclear when Wilson might be released, said his lawyer, B.J. Bernstein. He has been in prison for two years.

        FIND MORE STORIES IN: Ga | New Year's Eve party
        "Why they want to keep Genarlow Wilson in prison is beyond me," Bernstein said. "It was teenage consensual sex. He is not a violent sexual predator."

        Wilson, 21, is a former homecoming king and athlete with a 3.2 grade point average at Douglas County High School in Douglasville, Ga.

        His conviction stemmed from a New Year's Eve party in a motel room in 2003. Wilson and other male partygoers were videotaped having intercourse with a 17-year-old girl and receiving oral sex from a 15-year-old girl. He was acquitted of raping the older girl and found guilty of aggravated child molestation of the younger girl, which at that time was how state law categorized oral sex when the male was 17 and the female was younger than 16. At those ages, intercourse would have been a misdemeanor.

        Wilson's felony conviction came with a mandatory minimum sentence of 10 years and the requirement to register as a sex offender. That registration would restrict where he could live and work.

        His mother, Juannessa Bennett, said he would not be permitted to live with her because she has a daughter, 8.

        Last year, Georgia modified its law. Oral sex at those ages now is a misdemeanor, with no requirement for sex-offender registration. The change was not retroactive.

        Bernstein argued in court last week that Wilson's punishment was excessive and violated the U.S. Constitution's ban on "cruel and unusual" punishment.

        In his ruling Monday, Monroe County Judge Thomas Wilson, no relation to Genarlow Wilson, called his sentence "a grave miscarriage of justice."

        "If this court, or any court, cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish … justice being served in a fair and equal manner," he wrote.

        The judge threw out Wilson's sentence, amended his conviction to a misdemeanor and sentenced him to 12 months, with credit for time served. Under the ruling, Wilson would not be required to register as a sex offender.

        Bernstein said she has requested a hearing to have Wilson released on bond pending the attorney general's appeal.

        Baker said in a written statement that he has requested an expedited ruling from the Georgia Supreme Court.

        "This law was meant to go after adult pedophiles," Bernstein said. "It was not ever meant to be used against teenagers."

        Given the ruling, the cases of other sex offenders should be reviewed, said Sara Totonchi of the Southern Center for Human Rights, a non-profit law firm that represents prisoners.

        Georgia has 156 prisoners who may be in similar circumstances because they were convicted of aggravated child molestation when they were 21 or younger, said Mallie McCord, spokeswoman for the Department of Corrections.


        Contributing: The Associated Press
        You beat me too it.

        There is LE then there is politics. Mike Nifong wannabe? Hmmmm

        Comment


        • #5
          Originally posted by iMarkVideo View Post
          Mike Nifong wannabe? Hmmmm
          The PA that is pressing this is black......along with the defendent.....

          It's a crock....and I am glad he will be free soon enough.....

          Comment


          • #6
            Somehow I though he would be.

            Either way; it just makes little sense. I agree though with you trooper. It's only right to charge both in this situation if they are going to be this draconian.
            -I don't feel you honor someone by creating a physical gesture (the salute). You honor them by holding them in memory and, in law enforcement, proceeding in vigilant, ethical police work. You honor this country or deceased soldiers or whatever you're honoring when you salute a flag by thinking, feeling, and continuing a life of freedom.

            --ArkansasRed24

            Comment


            • #7
              oops wrong thread
              Last edited by michiganDT; 06-12-2007, 01:51 AM.

              Comment


              • #8
                I have followed this case for a while. This was a case of the prosecutors and the judge being stuck with both charge and sentencing guidelines which had no wriggle room. I'm glad this got fixed.

                Believe it, or not, a conservative radio talk-show host, Michael Medved, made this story a topic a couple of times, putting the kid's attorney on the airwaves to make her case for a reversal. Medved was very much behind her efforts.
                "You're never fully dressed without a smile."

                Pain is inevitable, suffering is optional.

                Three things I know for sure: (1) No bad deed goes unrewarded, (2) No good deed goes unpunished, and (3) It is entirely possible to push the most devoted, loyal and caring person beyond the point where they no longer give a 5h!t.

                Comment


                • #9
                  Even if he gets out his life is still ruin.....because of a BJ he got while in highschool.
                  *Don't argue with idiots someone watching may get confused.

                  *We're all here because we ain't all there

                  Comment


                  • #10
                    I am of the opinion that if he kept it in his pants, he would have not been in the situation he's in now. He should have used his brains rather than think with what is between his legs.

                    But as pointed out, a portion of the U.S. high school student population has had some form sex, why not go after them?!

                    His life is practically over, I am quite sure once he is out, they'll make life for him quite difficult, in particular as a sex offender.

                    Is anyone of the opinion that he may, and I use that term loosely, may still have a possible career, at least a college one for starters?

                    Comment


                    • #11
                      Is anyone of the opinion that he may, and I use that term loosely, may still have a possible career, at least a college one for starters?[/QUOTE]

                      As u probably already know its hard enough for a person with a clean record to make a living. he is Now a sex offender, he will be lucky to get a job at a nursery
                      *Don't argue with idiots someone watching may get confused.

                      *We're all here because we ain't all there

                      Comment


                      • #12
                        Nm had read some of the replies wrong :P

                        Comment


                        • #13
                          Didn't the judges ruling state that his sentence would be 1 year less than what he is already served so he would essentially be free, AND his name would NOT be on the sexual offender list?

                          Comment


                          • #14
                            Originally posted by itnstalln View Post
                            Didn't the judges ruling state that his sentence would be 1 year less than what he is already served so he would essentially be free, AND his name would NOT be on the sexual offender list?
                            Yep, it was. Changed to a misdemeanor, credit given for time served, and he will not have to register. I don't know for sure, but seeing as how he was a juvenile at the time, there may be an arguement for getting the whole thing sealed... As much as such things ever are. At least now he's got a fighting chance.

                            Now, I'm not saying he didn't do something stupid, but ten years for that is just beyond the pale...
                            They're called 'learning opportunities'.

                            Comment


                            • #15
                              even as a conservative who thinks kids should not have sex or marry until the age of 23, I thought this was the most stupid thing I ever heard. I hope he has learned a lesson, but I also hope he is able to move on without any stigma.

                              Also, the Law was changed last year because of this case, and the actions are no longer illegal.
                              Though their numbers are many, as the grass upon the field, we will count them at the end of the day.

                              Comment

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