10-Year Sentence Thrown Out in Sex Case (the "other" justice system)

[Breeze54]

10-Year Sentence Thrown Out in Sex Case

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/06/12/national/a015353D37.DTL

By SHANNON McCAFFREY (Associated Press Writer)
From Associated Press
June 12, 2007 5:32 AM EDT

ATLANTA -

Genarlow Wilson's joy was short-lived. The Georgia man, who has become a symbol for extreme cases
of getting tough on sex offenders, was ordered released from prison by a judge who called his
10-year sentence for having consensual oral sex as a teen "a grave miscarriage of justice."

The verdict brought cheers from his legal team. His mother, Juannessa Bennett, wiped away tears
as she called it "a miracle."

But the mood dampened some 90 minutes later when the state's attorney general announced he
would appeal, which will keep the former honors student and football star behind bars for now.

Wilson's case has gained national attention, with critics saying his sentence was far too harsh.
Supporters like former President Jimmy Carter have said it raises questions about race and the
criminal justice system.

"As far as I'm concerned, this case is a throwback to Southern justice," said state Sen. Vincent
Fort, an Atlanta Democrat.

Wilson, 21, and five other male partygoers charged in the cases were black, as were the two teenage girls involved.

Wilson is serving a 10-year mandatory sentence for having consensual oral sex with a 15-year-old
girl in 2003, when he was 17. If his conviction is upheld, he will also be placed on Georgia's
sex offender registry.

At the time of his crime, Wilson would have faced just one year in prison if he had sexual
intercourse with the girl. The "Romeo and Juliet" exception in Georgia law also would have allowed
him to avoid the sex offender registry.

Lawmakers last year voted to close that loophole. But the state's top court said the new law could
not be applied retroactively to Wilson's case.

Opponents of Wilson's release said it could lead to similar legal challenges. Georgia prisons
currently hold 189 inmates who were sentenced for aggravated child molestation when they were
21 or younger.

snip--->

"The fact that Genarlow Wilson has spent two years in prison for what is now classified as
a misdemeanor, and without assistance from this Court, will spend eight more years in prison,
is a grave miscarriage of justice," wrote Judge Thomas H. Wilson, no relation to Genarlow Wilson.

"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," the judge wrote.

Wilson's mother was jubilant at the prospect of her son's freedom and looked stricken when she
learned of the appeal.

"It's heartbreaking," Bennett said.


More at link.........

Ten years in prison, at the age of 17 because he had oral sex with a 15 yr. old girl.

Outrageous!!

[China_cat]

1. And being labeled a sex offender for the rest of his life.

[Breeze54]

5. Unbelievable!

Glad to see Jimmy Carter weighed in on this!

[China_cat]

9. Cases like this are why I am so conflicted about the

sex offenders registry. Yes, I want children protected from abusive adults. Yes, I want to know if there's a violent rapist living next door.

BUT

The registries don't tell you if that's the case or if it was a kid having sex with his girlfriend who was a year too young for the law. (or in one case that's been publicized, the case of a man having sex with his wife because she was only 14 and he was 19...the marriage didn't mean diddly to the state) It doesn't tell you if this was a guy who got drunk, pissed against a tree and was seen by some kids. Or any other number of things that get you labeled 'sex offender' and therefore associated with 'violent predator' in the minds of the majority of the public.

[Breeze54]

10. I can't even really look at my state's registry

without going through my local police chief!!

But what they do have online did give the degree's of the offense and what happened.

But the really hard core (I think) were not listed at all. Not sure now.

I may have that backwards but I still think it's a good idea for the general public to know.

Cases like the above are a travesty and abuse by GA court system.

[aquamarina]

2. I heard about this yesterday.

This is sick and for the life of me I can't understand why the Governor just doesn't step in and pardon this kid - This is a perfect example of a justice system run amok.

[Warpy]

3. They went after him because he was a black kid with

an athletic scholarship. I notice they didn't care much about the other 5 guys at that party who were serviced by the white girl.

This whole case is sickening on so many levels.

I wouldn't want to face that DA's karma.

[ThomCat]

4. You're right. The prosecutor seems to have ignored all of them

except this one kid who just happens to be black. But I'm sure he'd insist that he's not a racist. x(

[Catherine Vincent]

6. I called my cousin in the Atlanta area to find out if she knew more info on this.

She said they are trying to work out through the system so that when he is released, he doesn't have to register as a sex offender.

[Breeze54]

7. Good! He shouldn't have to do that, imho!

[Bitwit1234]

8. If this DA has a son

wonder what would happen if some young girl came forward and said she and he had sex....same thing???? Don't bet on it.

[MindPilot]

11. Is Mark Foley in jail yet?

Oh that's right, he's white, republican and rich.