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  1. #1
    conalabu is offline Grasshopper
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    A little interesting case...

    Kind of interesting. Never seen this one actually be charged before in modern times. Wonder even now why it was.


    Not fair: Ten years for consensual oral sex
    Filan: Prosecutors have obligation to protect clients from unfair sentences

    LEGAL ANALYSIS
    By Susan Filan
    Senior legal analyst
    MSNBC
    Updated: 9:41 a.m. ET Jan 29, 2007


    Susan Filan
    Senior legal analyst



    Ten years in prison for receiving oral sex. That is Genarlow Wilsonís sentence.

    When he was 17 years old and a high school senior, he received consensual oral sex from a 15-year-old, 10th-grade girl.Everyone agreed, including the prosecutor and the girl herself, that she initiated the act.

    It was all captured on video ó the evidence used to convict him at trial. On the tape, police saw a 15-year-old perform oral sex on one partygoer, and after finishing with him, she turned and did the same to Wilson. Under Georgia law at the time, this was considered aggravated child molestation, a felony for teens less than three years apart to have oral sex. It carried with it a 10-year sentence, even though it was only a misdemeanor for those same teens to have sexual intercourse.

    The D.A. offered Wilson ó a football standout who was being recruited by some of nationís top colleges, including Columbia and Brown ó a plea deal: five years in prison and register as a sex offender. He turned it down.

    The other students at the party took that deal and some of them are out of prison by now. Because Wilson thought he would be acquitted and did not want to be branded a child molester, he went to trial. The prosecutor blames Wilson for his sentence because none of the other defendants insisted on a trial; all the others ďtook their medicine.Ē

    When I first heard about the case, I wasnít too concerned. Wilson knew the risks, rolled the dice by going to trial and lost. But the more I think about his case and the more I read about his case, the more I think prosecutors have a duty to make sure they donít take cases to trial that they can win, when the punishment doesnít fit the crime. Prosecutors have discretion, and they have to use it fairly and wisely. So why do I write about this case now, two years into his sentence? For two reasons: for one, the Duke case has heightened my awareness that there can be injustice in the system, and as a prosecutor, I have an equal obligation to seek convictions as I do to make sure the convictions are fair and just and not wrongful. I must speak out against injustice in the same way I speak out against crime and in favor of law enforcement. The second reason I write about this now is because the Georgia legislature may be very close to righting this wrong with new legislation. To the extent they are, I applaud their efforts. To the extent they are not, I encourage their efforts.
    After Wilsonís conviction and sentence, the legislature changed the statute realizing it was unfair. It now makes consensual oral sex between teens a misdemeanor. Too little, too late for Wilson, as the law does not apply retroactively. The legislature could change the law again, and there is presently a bipartisan bill that has been introduced to do just that.

    Wilsonís attorney, B.J. Bernstein, a former prosecutor herself, is anxiously working with legislators to change the law to apply to Wilson.

    The only other hope for Wilson, now 20, is for the prosecutor to set aside the sentence, and while the prosecutor didnít return my phone calls, he told ESPN , that ďlegally, itís still possible for us to set aside his sentence and give him a new sentence to a lesser charge. But itís up to us. He has no control over it.Ē The reason they havenít, according to ESPN, is they believe Wilson is guilty under the law and there is no room for mercy.

    Is the prosecutor punishing Wilson for exercising his right to a trial?

    He says he offered Wilson the same five-year plea deal after the jury convicted him but before he was sentenced and Wilson again turned it down. Wilson says he turned it down because the jury acquitted him of the rape charge and only convicted him of the aggravated child molestation. Why take the same five-year deal after being acquitted of rape?

    I spoke with Wilsonís attorney, whoís working around the clock for free to right an injustice. She is frustrated because no one believes Wilson should be in prison for 10 years ó not the prosecutors, Supreme Court, legislature, 15-year-old schoolmate, jury forewoman, or even the prison officials ó but no one has done anything to get him out.

    Her hope now lies with Senate Bill 37, which has been introduced and referred to the Judiciary Committee. Bernstein wants to see Wilson get out of jail soon, without the sex offender label, and go to college.

    My hope is that the law applies to Wilson in the same way it applies to other consenting teens. If the legislature changed the law to spare other teens a harsh injustice, it should apply retroactively to Wilson.

    © 2007 MSNBC Interactive
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  2. #2
    BEB
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    ESPN featured the kid for awhile. Ridiculous case, IMNTBHO. Reminds me to obey, or a least avoid being video taped violating, ridiculous laws.

  3. #3
    Illiy is offline Corporal
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    **stares blankly**

    They can't be serious...

  4. #4
    Bob Loblaw's Avatar
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    Quote Originally Posted by BEB View Post
    IMNTBHO.
    huh? maybe "In My Non-Terrorist Butt Humping Opinion"
    Quote Originally Posted by Jenna
    he (Obama) doesn't have a birth certificate because he wasn't born, he was created in a Muslim witch's cauldron!
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    Quote Originally Posted by Gecko45 "The Mall Ninja"
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    Reca is the best thing since sliced bread!

  5. #5
    TXCharlie's Avatar
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    Rediculous case - I don't think that would be a crime in Texas (since their age is only 2 years apart, and she's older than 14) - And even if it was a crime in that state, the charge should have never been made. The DA has descretion.

    Who filed the complaint???
    Last edited by TXCharlie; 05-31-07 at 01:40 AM.

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  6. #6
    BEB
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    In My Never To Be Humble Opinion

    Just for that now I have to challenge you to a wager on a college sports game.

    Sooner or Cowboy?

  7. #7
    countybear's Avatar
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    Anyone else find humor in the fact that this kid has an attorney named "B.J."??

    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
    - Alexis de Tocqueville, Democracy in America

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    To war and arms I fly.
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  8. #8
    Illiy is offline Corporal
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    Quote Originally Posted by countybear View Post
    Anyone else find humor in the fact that this kid has an attorney named "B.J."??
    Missed that one...

  9. #9
    BEB
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    Quote Originally Posted by countybear View Post
    Anyone else find humor in the fact that this kid has an attorney named "B.J."??
    B.J. and the Bear. That post had it all.

  10. #10
    Ducky's Avatar
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    Quote Originally Posted by BEB View Post
    B.J. and the Bear. That post had it all.
    I didn't see any mention of McKay. And hon, we just put a big old DATE on our foreheads.
    \\
    ` ` ` ` < ` )___/\
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  11. #11
    Bob Loblaw's Avatar
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    Quote Originally Posted by BEB View Post
    Sooner or Cowboy?
    in that matchup? the meteor. I'M A LONGHORN, BABY!!!!
    Quote Originally Posted by Jenna
    he (Obama) doesn't have a birth certificate because he wasn't born, he was created in a Muslim witch's cauldron!
    Quote Originally Posted by Buttercup View Post
    I must admit, there have been few pieces of meat I've ever jammed into my mouth that have been as satisfying as Bob's.
    Quote Originally Posted by Gecko45 "The Mall Ninja"
    Vietnam still shudders when it hears the name of a an assasin so skillful and deadly, he is remembered decades later
    Reca is the best thing since sliced bread!

  12. #12
    BEB
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    You mean you're a...

    (this is a joke, right?)

    (he can't be serious)

    (can it be true?)

    ...




  13. #13
    Resident Smart Ass's Avatar
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    Quote Originally Posted by countybear View Post
    Anyone else find humor in the fact that this kid has an attorney named "B.J."??
    of course you'd be the one to point that out
    Don't you just hate it when someone's balls are hidden so well, they can't seem to find it themselves ~ RSA

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  14. #14
    countybear's Avatar
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    Quote Originally Posted by Resident Smart Ass View Post
    of course you'd be the one to point that out
    Hey, its called 'paying attention to details'...

    "The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money."
    - Alexis de Tocqueville, Democracy in America

    Tell me not, Sweet, I am unkind,
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    To war and arms I fly.
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  15. #15
    jmur5074's Avatar
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    I just wish I knew girls like that when I was in high school.
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

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