Appeal blocks release in teen sex case

[RamboLiberal]

Source: CNN

A judge on Monday threw out the 10-year sentence against a 21-year-old for a consensual sex encounter he had as a teenager. But the state attorney general quickly filed a notice of appeal, keeping Genarlow Wilson in prison for the time being.

The prosecutor's move brought an abrupt halt to the jubilation Wilson's mother, Juannessa Bennett, and his attorney, B.J. Bernstein, were feeling, and the plans they were making for Bennett to be reunited with her son.

"It is extremely, extremely disturbing that the attorney general would take this action now," Bernstein said, adding that she did not know what message "he's trying to send" or "who he's representing."

In a written statement, Georgia Attorney General Thurbert Baker said he filed the appeal to resolve "clearly erroneous legal issues," saying that while the judge did have the authority to grant habeas relief, he did not have the authority "to reduce or modify the judgment of the trial court."

Separately, Baker noted that Douglas County recently had offered a plea deal "that would have allowed Genarlow Wilson to plead to First Offender Treatment, which would mean that he would not have a criminal record nor would he be subject to registering on the sex offender registry once his sentence had been completed."



Read more: http://www.cnn.com/2007/US/06/11/teen.sex.case/index.html

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I'd love to have someone delve in to the teen sexual history of the Attorney General and the prosecutors. Were they all as pure as snow?

[MADem]

1. Was this the case of the Dusky Lad and the Snow White Lass, perchance?

Georgia really needs to put one of those "Romeo and Juliet" laws on the books....

[RamboLiberal]

7. Yep - here's thread from earlier today when judge ordered

him released. http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2876848

[LisaL]

13. Acually no.

He was accused of rape by a 17 year old female.
He was found not guilty of rape but was convicted for oral sex with a 15 year old.
I am pretty sure both females were also black.

[MADem]

15. I seem to remember a case where two high school kids were fooling around in a classroom

and the lad got a harsh sentence...guess this IS a different situation.

I'm old, and I surely don't recall anything even remotely like that happening when I went to high school (which was well before the era of video, in any event). These kids seem to want to grow up awfully fast, it seems...

[LisaL]

17. No, this was at the party.

The 17 year old female alleged she was raped. Police showed up and found videotape of Wilson and other men having sex with a 17 year old and oral sex with 15 year old. The other men accepted plea deals, Wilson refused and went on trial.
He was found not guilty for the rape of the 17 year old but guilty of oral sex with a 15 year old.

[tammywammy]

19. She said she was raped?

From reading various news reports today and in the past, I only remember them saying it was consensual sex.

Do you have a link to a story that says she said it was rape?


Thanks.

[LisaL]

20. You are confused. There were two females at the party, one

17 year old, and the other 15 year old. The 17 year old made rape allegations, the 15 year old did not. But he went on trial for the rape of the 17 year old and the oral sex with 15 year old. He was found not guilty of rape with 17 year old, but guilty of oral sex with the 15 year old.
15 year old did not claim rape, but she was below the age of consent in GA, which I think is 16.

[tammywammy]

21. Thanks for helping me out

:)

[LisaL]

22. You are welcome. It is a rather confusing story.

[BrklynLiberal]

27. I just knew as soon as I read the first thread, that the guy was going to be Black.

This is thoroughly disgusting.

[DKRC]

30. Yes, and horror of horrors there's video of it.

:sarcasm:

Which is probably another reason he's being made an example of by the AG. Got to teach everyone to mind their "place" so this doesn't happen again.

[LisaL]

31. There is a video of it, but females are black, not white.

[DKRC]

32. You're right. I got the case mixed up. Found the best article on this one while I was reviewing.

Here's the link:

Atlanta Magazine

Very thorough and well written.

[Crazy Dave]

2. I think I heard about this

Never in any trouble all his life, good grades, good kid, scholarship potential, etc. If it's the same case the girl was white, he's black and it was the girl's parents who pressured the prosecutor into pressing charges.

Could be a different case but it was in Georgia.

[Sen. Walter Sobchak]

9. I also remember that he was the only one charged,

Apprently the girl was really getting busy that night with multiple guys, but only he was charged.

[LisaL]

12. Not true. He was the only one to go on trial, because the rest

all have accepted plea deals, and he did not.

[DKRC]

33. Dixon case out of Rome, GA. See the link in my post #32. I had them confused, too. nt

[Jim__]

3. A 17 year-old has consensual sex with a 15 year old and he gets 10 years.

That's fucking disgusting.

[rodeodance]

4. I recall this case. Terrible ruining of his life!

[rodeodance]

5. he would not be listed as a sex offender (but AG has stepped in)

The state legislature later changed the law, partly in response to Wilson's case. But the change was not made retroactive, leaving Wilson in jail. He has already served more than two years.

Superior Court Judge Thomas H. Wilson of Monroe County, Georgia, voided the sentence Monday, agreeing with Bernstein that the punishment was cruel and unusual, and therefore unconstitutional, Bernstein said.

The judge ruled Wilson should serve one year, less than he has already served, and that he would not be listed as a sex offender.

[rodeodance]

6. he would not be listed as a sex offender (but AG has stepped in)

The state legislature later changed the law, partly in response to Wilson's case. But the change was not made retroactive, leaving Wilson in jail. He has already served more than two years.

Superior Court Judge Thomas H. Wilson of Monroe County, Georgia, voided the sentence Monday, agreeing with Bernstein that the punishment was cruel and unusual, and therefore unconstitutional, Bernstein said.

The judge ruled Wilson should serve one year, less than he has already served, and that he would not be listed as a sex offender.

[conspirator]

8. I dated a 17 year old. Although we only got to the point when she was 18. nt

[gr8dane_daddy]

10. I seem to recall from some sports talk show...

that this kid was a great football recruit for some big name school (I think Va Tech) when this all went down. I believe it was Bob Costas' show on HBO. Smart kid too...ruined life. He had a scholarship lined up, good education and better future before this all went down. Damn shame....damn, damn shame.

[Karenina]

11. Keep 'em in their place.

Make an example of him.

[Mz Pip]

14. For what possible reason

should the prosecutor want this kid to serve out his sentence? What a waste of tax dollars. People spend less time in jail for murder.

THe prosecutor must have better things to do than pursue this. Then again, maybe there just isn't any crime in his county. :eyes:

Mz Pip
:dem:

[LisaL]

16. It's the AG for the state who filed the appeal, not even the original

DA.

[Mz Pip]

23. That's even more nuts

Why such a high ranking official getting involved in something that just needs to be over. Let the kid go so he can get on with his life.

Mz Pip
:dem:

[LisaL]

24. Legal issues. OP article says all about his reason for filing an

appeal. He claims Wilson was offered a plea deal and is refusing it.

[lolly]

25. Bad plea deal

Plea deal would involve agreeing to be listed as a "sex offender"--which is pretty much a life sentence of being chased out of neighborhoods, unable to attend your kids' birthday parties, etc. etc.

All for an act this isn't even considered a serious sex offense any more.

[LisaL]

26. Read the OP. AG claims he was offered a plea deal

and won't have to register as a sex offender. He refused.

[lolly]

29. Other sources have different stories

According to the NYTimes, he would have to register as a sex offender:

Under a “Romeo and Juliet” provision in the law, Mr. Wilson would have been guilty of only a misdemeanor had the act been intercourse. But no one had thought to include oral sex in that exception when the law was enacted, and after the trial, jurors said they had been unaware of the 10-year minimum for the felony.

Largely because of Mr. Wilson’s case, the Georgia General Assembly, the state’s legislature, closed the loophole in 2006 to define most offenses involving consensual sex acts between teenagers as nothing more than misdemeanors.

But like the legislature, the courts have denied several bids by Mr. Wilson to have the new legal standard applied to his case. And he has refused to take a standing plea deal, offered by the district attorney who prosecuted him, that would reduce his sentence but require him to register as a sex offender.

[anotherdrew]

18. this is not my country anymore, I've got to get the hell out of this insane asylum n/t

[chelsea0011]

28. Everytime I read about this story I think of the 18 year old Mitt Romney

dating a 15 year old girl who would someday become his wife. I guess since his name is Romney we all can accept as fact he never had underage sex with her.:sarcasm:

[SayWhatYo]

34. What the hell is wrong with these DAs that push this crap?

I mean, what the hell is their reasoning behind it. As in, what reason do they try to give, as opposed to their actual reason which is the fact that they are assholes who only want some advanced their careers by sending 17year olds to prison for getting blow jobs from girls only two years younger than them....