In 2005, Genarlow Wilson was convicted in Georgia for receiving oral sex from a minor. Wilson was 17 at the time; his partner/victim was 15. Upon being convicted, Wilson was sentenced to 10 years in jail, and deemed a sex offender subject to lifetime registration. His case has become mildly famous -- if only because both the criminal statute and the punishment are deemed a bit silly today. One might think that the crime refers to some ancient outdated law, but it is a 1997 law that provides a maximum punishment of 30 years. And, the law is broadly written -- obviously intended to cover circumstances far different than Wilson's case.
But, at some point, a prosecutor 1) decided that a teenager should be charged with this felony, and 2) that a harsh sentence should be imposed. (even though it has been reported that the victim's family never asked for prosecution, and did not agree with the sentence). The Georgia Supreme Court's opinion (available by clicking the title of this post) is 48 pages long -- detailing a raft of objections that the State's official prosecutors have to setting Wilson free. The objections range from procedural technicality (saying that even if Wilson should not have been punished for the "crime", he still must serve his 10 years because he missed a procedural step somewhere) to substantive arguments that 10 years + lifetime registration is a just penalty.
Now, there's not much in the opinion about Wilson's partner/victim - notably whether she was for or against conviction and punishment, nor is there much information about the crime at all. (It has been reported elsewhere that the incident occurred during a party at a hotel, and that Wilson was not the only one charged or convicted). But, I've yet to read a single comment by anyone that suggests that the punishment fits the crime here. All of which makes me wonder whether the people in Georgia are pleased with the vigorous and aggressive attitude of their prosecutors, whether they disclaim the prosecutor's actions in charging and trying Wilson or opposing his appeals, or whether they will even remember this case when elections come around. Just out of curiousity, I intend to keep up with this.
Judge who released Wilson: Judge Thomas Wilson - Monroe County Superior Court
Prosecutor who charged Wilson: Douglas County DA David McDade
State AG who opposed the release: Thurbert Baker (who noted after losing the case "I hope the court's decision will also 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") - fairly disingenuous if you take the time to read the Supreme Court opinion. Also, pretty different from his statement after the trial judge ordered Wilson's release. Baker said, at that time: "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."
Saturday, October 27, 2007
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2 comments:
I read that the circumstances involved at least 2 other "criminals" who were there and made a deal with the prosecutor, while Wilson refused to make a deal, feeling he did nothing wrong and was convicted (the plea also involved lifetime registration with the sex offenders list). The jury wasn't told that the minimum sentence for his crime was 10 years, and were a bit miffed when the sentence came out. The law says that nonprocreational sex is considered molestation or something, and carries a minimum sentence of 10 years. Well, not anymore, since a year after his sentence they changed it to a maximum of one year, which, unfortunately for Wilson, was not retroactive. But if he had simply had sex with the girl, that carried a maximum sentence of 1 year or maybe no sentence at all. Something like that, anyhow.
Furthermore, the girl involved in the incident admitted that she initiated the encounter and she and her family did not want to prosecute Williams. And since at the time of conviction there was a minimum sentence of 10 years, the judge was apparently unable to intervene with a lighter sentence. Seems as if Wilson was mostly a victim of an overzealous prosecutor and some others wanted him to go to trial in order to martyr himself to get rid of the law. Wilson, unlike the other two boys, was an honors student with no priors.
As an aside, around the same time, a 26-year-old schoolteacher got off with probation for seducing a 16-year-old student.
/facepalm
One more thing - in an ironic twist, Wilson's attorney goes by B.J.
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