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"Sex Offender" to be released from GA Prison

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A judge on Monday voided a 10-year sentence for a man accused of having consensual oral sex with a 15-year-old girl when he was 17. He instead gave Genarlow Wilson a 12-month misdemeanor sentence with credit for time already served.

The state is likely to appeal the ruling.

Wilson's original sentence, for aggravated child molestation, was widely criticized on the grounds it was grossly disproportionate to the crime, and state lawmakers later passed a law to close the loophole that led to the 10-year sentence.

Wilson, now 21, has already served more than 27 months. He could remain behind bars while the appeal proceeds.

A jury found the honor student guilty in 2005 of aggravated child molestation for having oral sex with a 15-year-old girl during a 2003 New Year's Eve party involving alcohol and marijuana. Although the sex act was consensual it was illegal under Georgia law.

Wilson was also charged with rape for being one of several male partygoers at the Douglas County hotel to have sex with a 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury.

Several influential people, including former President Jimmy Carter, stepped forward to support Wilson.

Wilson's lawyers could be heard applauding in their office after the order was released.

This is a breaking news update. Check back soon for further information. AP's earlier story is below.

ATLANTA (AP) ? A judge on Monday voided a 10-year sentence for a man accused of having consensual oral sex with a 15-year-old girl when he was 17. Genarlow Wilson was instead given a 12-month misdemeanor sentence with credit for time already served.

The state is likely to appeal the ruling.

Wilson's original sentence, for aggravated child molestation, was widely criticized on the grounds it was grossly disproportionate to the crime. State lawmakers later passed a law to close the loophole that led to the 10-year sentence.

Wilson, now 21, has already served more than 27 months. He is expected to remain behind bars while the appeal proceeds.

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I am very pleased with the ruling today. I have been following this case for over a year now. Honor student, homecoming queen, sentenced to 10 years due to archaic laws trying to enforce morality among teens. Glad to see a win today for reason.
 
Originally posted by: Shivetya
remove it from his record.

it is the only true solution.

oh, get him a scholarship to any georgia school he wants (he had offers before)

Agreed. I'd like to see him pardoned.
 
I can't find the link, but this is kinda/sorta similar to another case in Mississippi or Missouri or someplace a couple years back. In that case a 19 yr old male had sex with a 15 yr old male, and they sentenced the 19 yr old to like 20 years. Meanwhile, if the 15yr old had been a girl, the max sentence would have been 2 years or something, likely a probation resulting.

In the GA case as I understand it, he got 10 years b/c it was oral sex and not intercourse. If it had been "only" intercourse he would have qualified for some "romeo and juliet" provision under the state law resulting in a slap on the wrist. But oral sex? Lock em up!
 
:music: "don't leave in the hands of a backwoods southern lawyer, that's the night they hung an innocent man" :music:

It's not just the lawyers, it's anyone in "official or authorative" capacity in Georgia.
 
Originally posted by: StepUp
Update: Attorney General will appeal the Judge's decision... oh boy

UGH, I can't believe this :roll:

http://www.cnn.com/2007/US/06/...en.sex.case/index.html

Quote from mom:

"This has been a really long 28 months," Bernstein said tearfully. "It's a very long fight. And right now we have an order of release. And I beg the attorney general of the state of Georgia: please, enough. Do not file an appeal, please. Because we have an order of release right now for a young man that I think most everybody in the community believes should not be in prison."

The only criminal here is the AG. What can possibly be his intent here??
 
Originally posted by: dmcowen674
:music: "don't leave in the hands of a backwoods southern lawyer, that's the night they hung an innocent man" :music:

It's not just the lawyers, it's anyone in "official or authorative" capacity in Georgia.

Don't hold Georgia in such a negative light, the eveel Republicans are busy trying to fix 100+ years of Damage done by the Democrats.



I figure they want to play catch-up 🙂


Though this is a good start, getting rid of some really stupid laws on the books.
 
Originally posted by: Syringer
Originally posted by: StepUp
Update: Attorney General will appeal the Judge's decision... oh boy

UGH, I can't believe this :roll:

http://www.cnn.com/2007/US/06/...en.sex.case/index.html

Quote from mom:

"This has been a really long 28 months," Bernstein said tearfully. "It's a very long fight. And right now we have an order of release. And I beg the attorney general of the state of Georgia: please, enough. Do not file an appeal, please. Because we have an order of release right now for a young man that I think most everybody in the community believes should not be in prison."

The only criminal here is the AG. What can possibly be his intent here??



OK, so there is ONE Democrat left who keeps winning his reelections down here, don't blame the people for not trying.

He is very very OLD school... a relic from a long time ago.

I do undestand Baker's position though, he is merely following the law which is HIS job requirement. He was right, the judge cannot vacate or modify the trial court's ruling.

I am still waiting on Sonny Perdue to do something, but from earlier comments he made he seems to be using this boy to change the system, basically by not stepping in the general assembly is forced to act. I do hope he pardons him soon though
 
That case is absolutely rediculous. I understand the AG trying to uphold the law, but shouldn't the effort be put into CHANGING the law instead of just bypassing it. This guy better write a book and make millions out of the ordeal.
 
Two comments:

1) About time. We have prisons for a reason. This is NOT one of them. When even the author of the law used to lock someone up says it wasnt the intention of the law to lock up people in this situation and no-one cares, our system fails.

2) Doesn't anyone else find the fact that Genarlow's lawer is named 'B.J. Bernstein' just hillarious?
 
Originally posted by: Shivetya
Originally posted by: dmcowen674
:music: "don't leave in the hands of a backwoods southern lawyer, that's the night they hung an innocent man" :music:

It's not just the lawyers, it's anyone in "official or authorative" capacity in Georgia.

Don't hold Georgia in such a negative light, the eveel Republicans are busy trying to fix 100+ years of Damage done by the Democrats.

I figure they want to play catch-up 🙂

Though this is a good start, getting rid of some really stupid laws on the books.

The AG is a Democrat. The same guy that had me locked up with murderers.
 
Originally posted by: TallBill
That case is absolutely rediculous. I understand the AG trying to uphold the law, but shouldn't the effort be put into CHANGING the law instead of just bypassing it. This guy better write a book and make millions out of the ordeal.

The law that put him there for 10 years has been changed to a 1 year misdemeanor, but it doesn't apply retroactively.

The AG should be ashamed ruining this kid's life over consentual oral sex.
 
Originally posted by: StepUp
Originally posted by: TallBill
That case is absolutely rediculous. I understand the AG trying to uphold the law, but shouldn't the effort be put into CHANGING the law instead of just bypassing it. This guy better write a book and make millions out of the ordeal.
The law that put him there for 10 years has been changed to a 1 year misdemeanor, but it doesn't apply retroactively.

The AG should be ashamed ruining this kid's life over consentual oral sex.
Ashamed of what? He got to wield power of choice over another. There may be more black folks in office these says, but the thought and behavior patterns have deep, strong, roots. The letter of the law is one more good excuse. We in GA seem to keep decent luck with governors, but other than that...yecch.
 
Dave, I read the article and thought of your ordeal. I wonder what it would take to remove the AG from office. It's not the first time the AG has made a travesty of justice.

Cheers ! 🙂
 
So inside of three days Paris goes back to jail and this kid gets out. :thumbsup:

Looks like the american justice system is trying to get its reputation back.
 
Originally posted by: linuxboy
Dave, I read the article and thought of your ordeal. I wonder what it would take to remove the AG from office. It's not the first time the AG has made a travesty of justice.

Cheers ! 🙂

This guy has and always will be a weasel.

He took the easy way out of a jam with my case and here he tried it again and I hope it backfires to the point of him not only losing his job but himself thrown in jail for malfeasance of authority.

Thurbert Baker's response 6-12-07

In the Wilson case, law governs

By THURBERT BAKER
Attorney General of Georgia

Published on: 06/12/07

As Attorney General, it is my responsibility to follow the laws of Georgia as they are written, not how some may wish they were written.

Monroe County Superior Court Judge Thomas Wilson's order struck Genarlow Wilson's original sentence, and then purportedly went on to sentence Wilson to a misdemeanor. The law in Georgia is clear that while a habeas court may grant habeas relief, there is absolutely no authority for a habeas court to reduce or modify the judgment of the trial court, in this case, the Superior Court of Douglas County.

I have attempted to bring the defense lawyers and Douglas County prosecuting attorneys together in hopes of reaching a resolution.

As recently as this past weekend, the Douglas County District Attorney's office offered Wilson's attorneys a plea deal that would have allowed Wilson to plead to first-offender treatment, which would mean he would not have a criminal record nor would be subject to registering on the sex offender registry once his sentence has been completed.

The plea deal could also result in him receiving a sentence substantially shorter than the 10-year mandatory minimum sentence for which he was originally sentenced, possibly leading to his release based upon time already served. Wilson, through his attorneys, rejected all of those offers.
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That's not a "resolution". That is a bribe to cover up his nefarious use of his position.

Why should anyone be forced to say they are guilty in front of a judge for something they are not guilty of?

Very strange idea of Justice Georgia still has.

"The lights went out on Georgia" and to this day have never come back on.
 
Originally posted by: Aimster
I was going to say this was racially motivated but the AG is black.

I have nothing as to what his motives are.

He's got something on someone in high position in this land beyond Georgia.
 
Originally posted by: Aimster
I was going to say this was racially motivated but the AG is black.

I have nothing as to what his motives are.
Racism is/was a common way to direct what he does. The same types of behavior associated can exist without racism, though, and do. My guess is that through something in his upbringing, he feels weak, and so likes to have power and exert it on others. I did not know until this thread that Dave had been involved in anything that went by this guy's desk; but I don't think that even that was a first time.

For the record, I think we in GA have a fine governor, and I mostly like my HoR guy (Marshall). I think most of the rest of our elected officials are only good compared to known cesspools like Louisiana, with exceptions for some local judges and such.
 
Originally posted by: Aimster
I was going to say this was racially motivated but the AG is black.

I have nothing as to what his motives are.

Quite a few people think the case only came about because the guy was black and the girl wasn't.


 
So, uhh, where's the Governor of Georgia in all of this, anyway? He makes a lot of high-falutin' claims, but where's the action when needed, anyway?

http://www.gov.state.ga.us/

He *could* pardon the guy, lead everybody else out of the morass, but I suppose that'd be too easy...
 
10-26-2007 Ga court: Release man jailed in sex case

ATLANTA - Georgia's Supreme Court on Friday ordered the release of a young man who has been imprisoned for more than two years for having consensual oral sex with another teenager.

Wilson, 21, was convicted of aggravated child molestation following a 2003 New Year's Eve party at a Douglas County hotel room where he was videotaped having oral sex with a 15-year-old girl. He was 17 at the time.

Chief Justice Leah Ward Sears wrote in the majority opinion that the changes in the law "represent a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants."

Sears wrote that the severe punishment makes "no measurable contribution to acceptable goals of punishment" and that Wilson's crime did not rise to the "level of adults who prey on children."

State Attorney General Thurbert Baker said he accepts Friday's ruling.

Baker said he hopes the ruling will "put an end to this issue as a matter of contention in the hearts and minds of concerned Georgians and others across the country who have taken such a strong interest in this case."

The state Supreme Court had turned down Wilson's appeal of his conviction and sentence, but the justices agreed to hear the state's appeal of a Monroe County judge's decision to reduce Wilson's sentence to 12 months and free him.

That judge had called the 10-year sentence a "grave miscarriage of justice."

A spokeswoman for Wilson's lawyer said his legal team received no advance notice of the decision.
=====================================================
Funny that his legal team had no idea a decision was coming.

I had a huge spike in web hits on my website yesterday from State of Georgia websites.
 
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