No Bond For Ga. Teen In Sex Case

(AP)  A man who had consensual sex with a 15-year-old girl when he was 17 is not eligible for bail while appealing his 10-year prison sentence, a judge ruled Wednesday.

The ruling is likely to mean that 21-year-old Genarlow Wilson will remain behind bars for several more months at least.

In Wednesday's ruling, Douglas County Superior Court Judge David Emerson said Wilson's conviction for one of the so-called seven deadly sins, under Georgia law, makes him ineligible for bail. He canceled a hearing that had been scheduled for July 5.

The Georgia Supreme Court is not set to hear his appeal of his term for aggravated child molestation until October. The justices, without explanation, denied a motion by state Attorney General Thurbert Baker to expedite the appeal.

Wilson has served more than 28 months of his 10-year mandatory sentence for receiving oral sex at a 2003 New Year's Eve Party. The law has since been changed by Georgia lawmakers, but the state's top court said the new law could not be applied retroactively.

A Monroe County judge earlier this month called Wilson's sentence "a grave miscarriage of justice" and ordered his release, but Baker's office appealed, saying that judge overstepped his authority. Baker argued that the ruling could result in the release of some 1,300 child molesters from Georgia's jails.

Wilson's lawyer, B.J. Bernstein, did not immediately return a call seeking comment Wednesday. Neither did Douglas County District Attorney David McDade, whose office convicted Wilson.

Earlier this week, prominent New York City investment manager Whitney Tilson and 10 others volunteered to provide $1 million bail money for Wilson.

[sandzz-2009]

How can I say it has nothing to do with race? Simple. There is nothing to suggest discrimination or racism is behind this outside the antiquated belief that Georgia is redneckville. Racism to some extent does exist but I highly doubt, as you seem to have admitted by referencing the 'white terror', it is the 1960's type.

You start with the assumption that it is racism absent evidence to the contrary. My starting point is that it is not racism absent evidence to the contrary. It is better to suspend judgment until the goods are on the table because if you don't in my mind you are just as guilty as the lynch mob. You have already made up your mind that they are guilty relying only on stereotypes without looking at any hard evidence. And there is no hard evidence in this case. The only thing people are citing in support of this thesis is that this happened in the past or the 'LoL, that's GA for you, stupid hillbillies'. This is not exactly evidence to begin with, let alone is it enough to form a reasonable belief that race and nothing else influenced this case.

[whatithink-2009]

Sandzz,

How can you say this is not a race issue? What proof do you have? Since slave times blacks have been pitted against blacks by higher racist powers to be. Just because the DA is black does not mean that this is not a race issue. It has been a strategy of racists to put a black face up front in order to avoid the label of racism. Get wise!!

Another poster said something about the Duke case. However, what he said confirms that it is a race issue (and probably clase issue) istead of not confirming it. Our society does not allow even the slightest hint of injustice when the defendant is white or with money. Plenty of black men have been lynched in America under the FALSE assumption of rape. If the Duke men had been inner city men and all other things being equal, they'd be in jail right now and nobody would have blinked an eye. The DA would have probably been promoted and working as a commentator on Fox News or something.

This is the world that we live in! Sorry, you can pretend that racism doesn't exist in our justice system. You might be blind to it. But, some of us are not!!

[sandzz-2009]

Kailu,
I am struggling to flush out your point. Is it that the system is imperfect? Sure. Is it that sometimes certain individuals have better or worse than others? Sure. Is it that the legal profession argues over the meaning of practically every word? Sure. What do you mean by system being enforced impartially? But what alternative is there? What is the underlying cause?

My point is that the media is attempting to portray this as a race issue where it is not. The defendant in the case is not a jury sympathetic defendant. The case has very bad facts for them such as six or seven other guys being in on the deal where the girl appears to be either heavily intoxicated or drugged. It is not a far stretch to say that the act was not even consensual in the laymen sense due to the girl's condition.

As far as the voter turn out. What I meant, and did a poor job of expressing initially, is that the percentage is higher in minorities. So even though the overall number of minorities might not be higher than the white male, the percentage of that segment is.

[kailumego1]

sandzz, you're talking about Southern blacks, and I don't mean to be rude, but a majority, especially those that have but a high-school education know very little about the law and political system.

A majority of them barely have a high-school education, and voting is more cultural than based on a particular political agenda.

Most Southern blacks are still "brainwashed" and "propagandized" by the post-slavery-Jim Crow-segregation defacto discourse, in which older blacks still cling to the "superstitious" fear of "white terror".

I'm not going to state otherwise that the black voter turnout is far greater than whites, because according to statistics blacks still lag behind their white counterparts, and as you brought up statistics, voters are more likely to come to the poles in record numbers during a presidential election than state or local elections. As for blacks, from all the statistics I've read this holds especially true for them, furthermore, educated blacks/African Americas are more likely to research a candidate, than uneducated ones. So, I'm just wondering when you are talking about voter turnout and voting based on the issues, which class are you referencing

[kailumego1]

And yes that was a national study, and most Southern states adhere to the same ideological belief, with that being said, you've proved my point, without trying too.

I'm going to step back and agree with you, the indictment in this case wasn't based on racial bias, O.K. then prove it to me, give me an example of a precedence that substantiate or validates your argument, of which the law has not been enforced impartially, because I'm quite sure these defendant[s] aren't the only ones to have engaged in underage se# and were caught.

The truth is in the actions, and not simply in the word itself, I'm quite sure you are aware of the Supreme Court ruling on the use of desegregation in schools to promote racial diversity and the conservative justices voted against using race as a method of creating racial diversity in public schools, however, I forgot the one justice's name, he was the "swing" vote and in his argument he left the door wide open where the law becomes vague and unclear.

[sandzz-2009]

Final note, what evidence outside the prejudicial stereotype that all Georgians are crazy rednecks do you have to support that race and only race was at play here? And no, it is not obvious otherwise there would be no real disagreement amongst us all. The only parties that would be in disagreement are the unreasonable fanatics that no amount of evidence can convince like the good old Moon Landing Conspiracy nuts. If it is not evident from my writing, I am not an unreasonable nut.

[sandzz-2009]

Kailumego,
Just because GA's lawmakers or DAs discriminated earlier does not mean they did in this case. As someone well versed in law you should know how discrimination charges and suits end up absent the charged party admitting or confessing. We are dealing with the present case and there is not a shred of evidence to suggest that what happened in the past is happening here.

Beside, some studies that you cite to were carried out on a NATIONAL level, meaning GA is not that different from the rest. That is the point I have been trying to drill for a bit.

And again, Georgia has a significant African-American voter population. Studies also suggest that minority voter turn out is actually higher than your white male turn out. Thus, I don't see why if the African-American community were outraged and convinced that race and only race was at play here they did not vote out the state legislature.

Moreover, what alternative judicial system would you suggest? It is difficult to see what other alternative system could be developed that would produce consistent and predictable results with the least amount of prejudice. After all, if the trier has absolute discretion then this is where minorities would be lynched. Barring that, you would end up with some variation of the current system. Keep in mind that no system is perfect and if you have one that is please do share.

[toolmangler-2009]

"Baker argued that the ruling could result in the release of some 1,300 child molesters from Georgia's jails."

If there are 1300 (teenaged) child molesters in Georgia's jails then shame on Georgia.
If Georgia issues a blanket release for these (offenders) shame on Georgia. Each case should be individualy re_assessed. Georgia is beginning to look like a good place to be 'from'!!!!

[toolmangler-2009]

If this had been a group of white boys out for some fun, and an under-aged black girl that gave them all a %u201CBJ%u201D, it would have never gone to trial.
Posted by kailumego1 at 02:03 PM : Jun 28, 2007


Quit playing the race card! Look what happened to the Duke/Lacrosse case when black activists and a white DA tried that ploy. If the authorities (police) had been left alone those boys (white) would be in jail now, instead there is a disgraced DA, a disgraced (party girl), no boys (white or black) in jail and two wannabe activists with egg allover their faces. All this because three posturing political posers played the race card when it did not apply. I agree that this teen should never have been dragged through the system like this but play this straight. A adult (by the law) entered into a se x act with a minor (by the law) and was put into the prevailing (poorly designed) system. If the system is bad, "FIX IT" get the right law applied to the 'crime?' and do justice. stop this other BS.

[kailumego1]

You don%u2019t have to FYI me, because I%u2019m well aware of the legal system and that it has to go before a Grand Jury, which could range from 1 individual (Judge) or a panel as large as 24, that%u2019s not the point, it is the prosecutor who decides to issue the %u201Ccharging papers%u201D.

And yes you are correct the case must go before a Grand Jury before it goes to trial, but, since you are knowledgeable about the law, you know more often than not the Grand Jury sides with the prosecuting attorney, unless the evidence is so circumstantial that any prudent person know he/she couldn%u2019t possibly get an indictment, then it simply becomes a waste of the taxpayers money.

Prosecutors, for the most part err on the side of caution, because time [caseload], money [taxpayers], and overcrowding prisons are all factors he/she considers before deciding to go to trial, more often, prosecutors will try at every step to plea-bargain to minimize expense and time.

Keeping with that in mind, I%u2019m not surprise the Grand Jury came back with an indictment, because considering the racial overtones and sentiment of most Southerners, I%u2019m surprise a white mob didn%u2019t drag these black youths from their home and had a good old fashion %u201Clynching party%u201D.

This is where the ambiguity, capriciousness, and arbitrariness came into play in this case and a lot others, when laws are not enforced impartially, but with indifference.