ATLANTA, June 12, 2007
Ga. Teen Still Jailed, Despite Court Order
State's Appeal Means Man Who Had Consensual Oral Sex As A Teen Is Still In Prison
-
Play CBS Video Video Appeal Keeps Teen In Jail Genarlow Wilson seemed to be heading home after serving jail time for consensual teen sex. But Georgia's Attorney General has filed an appeal, keeping Wilson behind bars. Mark Strassmann reports.
-
-
Genarlow Wilson, 17 in this photo, has served more than 27 months in prison. His case has become something of a cause celebre, largely because of the legal loophole that ensnared him. (AP Photo/Wilson Family Photo)
-
B.J. Bernstein, left, lawyer for Genarlow Wilson, embraces Wilson's mother, Juannessa Bennett, inside Bernstein's office in Atlanta on June 11, 2007. Minutes earlier, Bernstein and Bennett learned that a state judge ordered Wilson released from prison. Prosecutors quickly appealed the decision, keeping Wilson behind bars for now. (AP Photo/Jason Bronis)
-
-
Interactive Crime Beat Statistics and specifics on crime in America.
One minute,a judge ordered him released from prison , saying the young man's 10-year sentence for consensual sex between teens was a "grave miscarriage of justice." Ninety minutes later, Georgia's attorney general said Wilson wasn't going anywhere — the state had appealed.
On Tuesday, Wilson's attorney was fighting to at least get him released on bond during the appeal process. He is now 21 and has been behind bars for more than 28 months.
"Yesterday, they did not consent to a bond," attorney B.J. Bernstein said Tuesday morning. "We are hopeful to hurry up and get in front of a judge — one, to get him out pending an appeal, but even more importantly, to get this madness over with."
"It’s not saying we endorse teenage sex," Bernstein told CBS News correspondent Mark Strassmann. "but teenage consensual sex that wrecks a teenager's life."
Bernstein told CNN she was seeking a hearing in Douglas County court, where Wilson was convicted, even though the district attorney there opposes his release.
Wilson became a symbol for extreme cases of getting tough on sex offenders when he was sentenced to the mandatory 10-year sentence for having consensual oral sex with a 15-year-old girl in 2003. Wilson was 17 at the time.
If he had instead had sexual intercourse with the teen, he would have fallen under Georgia's "Romeo and Juliet" exception. But under the law in 2003, oral sex for teens still constituted aggravated child molestation and carried a mandatory sentence, plus listing on 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.
"As far as I'm concerned, this case is a throwback to Southern justice," said state Sen. Vincent Fort, an Atlanta Democrat and one of several prominent supporters who have rallied to Wilson's cause.
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.
In his ruling Monday, Judge Thomas H. Wilson, no relation to Genarlow Wilson, amended that sentence to misdemeanor aggravated child molestation with a 12-month term, plus credit for time served. The habeas corpus hearing was held in his Monroe County court because Genarlow Wilson is imprisoned in Monroe County.
"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," the judge wrote. "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."
In his notice of appeal, Attorney General Thurbert Baker argued that Georgia law does not give a judge authority to reduce or modify the sentence imposed by the trial court.
He said he would seek an expedited ruling from the Georgia Supreme Court. And he noted that a plea deal is on the table that would spring Wilson in a maximum of five years and also remove him from the sex offender registry.
That isn't good enough, Bernstein says.
"It is really ridiculous when you consider that we had a judge that just said it is a misdemeanor that carries no sex offender registration," she said. "It is extremely, extremely disturbing that the attorney general would take this action now."
A jury in 2005 found Wilson guilty 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 also was charged with rape for being one of several male partygoers at the Douglas County hotel to have sex with another 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury. Five other male partygoers took plea deals in the case. One has been released from prison and is now in college.
"He always talks about how if he could turn back the hands of time, he would have never been in the vicinity," Wilson's mother told Strassmann.
"I think he's certainly going to be changed," Bernstein said of her client Tuesday. "But fortunately, Genarlow has been taking this time in prison and reading like crazy.
"He wants to speak out to young people about realizing that when you party and carry on, you've got consequences sometimes grater than you realize. I think because of his extraordinary personality, he'll be OK, but I don't want this to happen to any other kid. It's crazy."
© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Best-selling author Mitch Albom on his first nonfiction work since "Tuesdays with Morrie."
- 1
- 2
- 3
- next
See all 48 CommentsWithout a doubt. With his slim build and long eyelashes--we can guess what his life must be like now. Odds are, oral rape as well as others have been a horrible part of this young man's life--it is the fate of almost every male child thrown into Adult prisons.
Posted by mikealford3 at 03:23 PM : Jun 12, 2007
They probably videotaped for quality assurance purposes. That way, she and they could go over the tape and determine where she could improve her skills.
Seriously people, the rules of the 1950, 60, 70, 850 etc still apply now: If your daughters are promiscuous, they will be treated like ********* and if they do private things in public--they better know the story/pictures/video will get around and may even end up on the net. It is all about self respect, or the lack thereof. At 15, girls should not put anything in their mouths that they cannot chew and swallow.
Posted by gunnerv1 at 02:53 PM : Jun 12, 2007
If it was my daughter
I'd tell her to brush her teeth and rinse her mouth out--and if there were laws like GA has on the books, I'd tell her she is lucky if they don't put her in jail too.
Telephone: 404-656-3300
Fax: 404-657-8733
I faxed him my opinion this morning.....
Posted by last121868 at 02:55 PM : Jun 12, 2007
Called him, they have a special line set up for this--probably re-records over itself. LOL. Maybe we should contact the Senators of that state or perhaps this is a case for Gonzales. He seems to like to micromanage at the local prosecution and Attorney General level.
Show the DA your outrage for deciding to appeal this decision to release this young man.
Based on what? You Repiublican always make up some untrue BS to justifiy oppression.
Guess what? Your teenage daughters are having ***. Oh yes they are!
These prosecitorial types, just like the Duke attorney, are shameless, evil, unethical peeople and should be ostracized and shunned by the community and the media.
I cannot believe this story!!!
If this prosecutor wants to prosecute this one person for doing such a thing and have it stick - he will have to prosecute 98% of the 17 year old boys and girls in Georgia and put them all in jail for 10 years!!!
This is as ridiculous as anything I have ever heard - in particular - in this day and age...
I cannot believe that this has been allowed to go this far!!!
The south was supposed to have been reformed!!! What is going on here and who is going to be held accountable for this ridiculous discriminatory act???
The American Taliban must be stopped
What has this got too do with this Boy?
Nuke it sounds reasonable but a more targeted approach would leave more darkie sausages which could be used as whips in the lynching of Bush and his daughters.
Posted by gunnerv1
And yet I had to read it. If you're going to be as egregious as that in your troll-ish behavior, don't blame me simply because I pointed it out.
Parents teach your children responsibility and respect, let's get away from the male right of passage that fosters having numerous se@ual partners equates manhood.
This tragedy should have never happened, and yes both should have been punished instead of one, his 14th Amendment rights were clearly violated.
On that we can agree.
- 1
- 2
- 3
- next
See all 48 Comments