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  1. #1
    BEB
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    Georgia judge voids 10-year sentence in teen consensual sex case

    About damn time, and yet, still not over. 27 months and counting for two teenagers doing the Slick Willy.

    Georgia judge voids 10-year sentence in teen consensual sex case
    http://www.ledger-enquirer.com/251/story/58057.html

    ATLANTA --
    A Georgia judge on Monday voided a 10-year sentence for a man accused of having consensual oral sex with a 15-year-old girl when he was 17. He instead gave Genarlow Wilson a 12-month misdemeanor sentence with credit for time already served, and ordered him released.

    The state is likely to appeal the ruling.

    Wilson's original sentence, for aggravated child molestation, was widely criticized on the grounds it was grossly disproportionate to the crime, and state lawmakers later passed a law to close the loophole that led to the 10-year sentence.

    Wilson, now 21, has already served more than 27 months. He could remain behind bars while the appeal proceeds.


    "We right now have an order of release and I beg the attorney general of the state of Georgia please do not file an appeal," said Wilson's lawyer, B.J. Bernstein.

    The attorney general's office did not immediately comment.

    Wilson's mother, Juannessa Bennett, said, "I just feel like a miracle happened."

    In the order, Judge Thomas H. Wilson said, "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."

    He also wrote, "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's order voided Wilson's previous sentence and amended it to misdemeanor aggravated child molestation. The judge also ruled that Wilson will not be required to register as a sex offender.

    A jury found the honor student guilty in 2005 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 was also charged with rape for being one of several male partygoers at the Douglas County hotel to have sex with a 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury. [No comment on this part, only the matter he was sentenced for]

    Several influential people, including former President Jimmy Carter, stepped forward to support Wilson.

    Wilson's lawyers could be heard applauding in their office after the order was released.

    Wilson has been held at the Al Burrus Correctional Training Center in Forsyth.

  2. #2
    pc830cop's Avatar
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    Damn...

    I ated a 15yo in high school, that could've been me


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  3. #3
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    Quote Originally Posted by pc830cop View Post
    Damn...

    I ated a 15yo in high school, that could've been me
    Wow you must of been hungry, do they not feed you at school in the US.
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  4. #4
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    I'm glad to hear this. I definitely think the punishment did not fit the crime.
    "If everyone is thinking alike, then someone isn't thinking." -Gen. George S. Patton

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    Even what he got was a little much. Those of us that didn't have sexual contact in high school, raise your hands...


    Just Beans and Virgin. Thought so.


    Wait a minute. Countybear??? Fag.
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    I had lots of sexual contact when I was in High School.

    My mom told to stop or I'd go blind.
    "If everyone is thinking alike, then someone isn't thinking." -Gen. George S. Patton

  7. #7
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    Quote Originally Posted by conalabu View Post
    Even what he got was a little much. Those of us that didn't have sexual contact in high school, raise your hands...
    **raises hand**


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  8. #8
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    So what's the plan now, go in and arrest half of the school for doing the nasty?

    I think the Governor needs to get involved and commute the sentance, or whatever they call it, to completely erase it from the books - The kid's gonna still have problems finding a job, etc, with a high misdemeanor on his record.

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  9. #9
    BEB
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    Spoke too soon.
    UPDATE

    Last minute appeal in teen sex case sparks outrage
    http://us.cnn.com/2007/US/06/11/teen...ase/index.html
    POSTED: 8:17 p.m. EDT, June 11, 2007

    ATLANTA, Georgia (CNN) -- Jubilation turned quickly to anger Monday after Georgia's top prosecutor vowed he would fight a judge's order that would have set free Genarlow Wilson, a Georgia man serving a 10-year prison sentence for a consensual sexual encounter he had as a teenager.

    Wilson's attorney, B.J. Bernstein, said her client would not accept a proposed plea bargain that would get him out of prison because it would require Wilson to plead guilty to a felony.

    A judge ruled Monday that his conduct should have been punished as a misdemeanor.

    "We're going to keep fighting," Bernstein told reporters at a news conference at the state Capitol.

    She was flanked by civil rights leaders and black lawmakers, who expressed anger at the decision by Georgia Attorney General Thurbert Baker to block Wilson's release by filing an appeal of the judge's ruling.

    Joseph Lowery, former president of the Southern Christian Leadership Conference, called Baker's decision "unnecessary, unjust and unfounded."

    "We don't understand the reasoning or rationale of the attorney general on this issue," Lowery said.

    Wilson is black, as is Baker.


    Law changed but Wilson not included


    Wilson, 21, was convicted of aggravated child molestation for having consensual oral sex with a 15-year-old girl when he was 17, during a 2003 New Year's Eve party in Douglas County, just west of Atlanta, Georgia.

    Wilson was also charged with raping a 17-year-old girl at the party -- who prosecutors maintained was too intoxicated to consent -- but jurors acquitted him on that charge.

    Under the state law in effect at the time, Wilson received a mandatory 10-year sentence and has already served more than two years.

    Partly as a result of Wilson's conviction, state legislators changed the law to make such consensual conduct between teenagers a misdemeanor, rather than a felony. But that change wasn't made retroactive, so it did not affect Wilson.

    Monday, acting on a petition filed by his attorneys, Monroe County Superior Court Judge Thomas Wilson ruled that Genarlow Wilson's punishment was cruel and unusual and voided it on constitutional grounds. The judge reduced the sentence to one year and said Wilson should not be put on Georgia's sex offender registry, as the old law required.

    Wilson's attorneys hoped to use the ruling to free him from state prison. But shortly after it was handed down, Baker announced he would appeal the decision, a move that keeps Wilson behind bars.

    In a statement announcing his decision, Baker said he filed the appeal to resolve "clearly erroneous legal issues," charging that the judge did not have the authority "to reduce or modify the judgment of the trial court."

    'The ultimate abuse of power'

    Baker also said prosecutors in Douglas County had offered a plea deal that would reduce Wilson's sentence, possibly to time already served, and place him in a program for first-time offenders.

    Once his sentence was complete, his conviction would be removed from his record, and he would be taken off the sex-offender registry, the attorney general said.

    But Bernstein said Wilson would not accept the proposed deal because it would still require him to plead guilty to a felony with a 15-year sentence, which would hang over him until the sentence had been served.

    "That's the ultimate abuse of power as a prosecutor," said Bernstein. "I want this child out. Enough already."

    Bernstein said Wilson's attorneys are now trying to get him released on bond while Baker's appeal makes its way through the courts; but, so far, they have not been successful.

    Wilson's plight has drawn national attention and pleas for his release, including from former President Jimmy Carter, a former Georgia governor, and even some of the jurors who convicted him.

    But late last year, the Georgia Supreme Court, on a 4-3 vote, turned down Wilson's appeal, and both Douglas County District Attorney David McDade and Baker have opposed moves by his attorneys to have him released.

    Legislation that would make the change in Georgia's child molestation law retroactive in order to free Wilson failed to win approval earlier this year.

  10. #10
    Rhino's Avatar
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    Wilson's plight has drawn national attention and pleas for his release, including from former President Jimmy Carter, a former Georgia governor, and even some of the jurors who convicted him.


    And there it is. 12 idiots who were not only too stupid to get out of jury duty, but never heard of jury nullification.
    "If everyone is thinking alike, then someone isn't thinking." -Gen. George S. Patton

  11. #11
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    Quote Originally Posted by conalabu View Post
    Even what he got was a little much. Those of us that didn't have sexual contact in high school, raise your hands...
    *raises hand along with PDawg*




  12. #12
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    Quote Originally Posted by conalabu View Post
    Even what he got was a little much. Those of us that didn't have sexual contact in high school, raise your hands...


    Just Beans and Virgin. Thought so.


    Wait a minute. Countybear??? Fag.
    It was actually Junior High for me... and your mother gave great head, too.


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  13. #13
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    Quote Originally Posted by conalabu View Post
    Even what he got was a little much. Those of us that didn't have sexual contact in high school, raise your hands...


    Just Beans and Virgin. Thought so.


    Wait a minute. Countybear??? Fag.
    Now now, even though I was no Casa Nova, I did get laid in HS. I had to work very hard to get it, but I did.
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  14. #14
    TXCharlie's Avatar
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    Quote Originally Posted by Rhino View Post

    Wilson's plight has drawn national attention and pleas for his release, including from former President Jimmy Carter, a former Georgia governor, and even some of the jurors who convicted him.


    And there it is. 12 idiots who were not only too stupid to get out of jury duty, but never heard of jury nullification.
    Juries are mostly composed of idiots who never watch the news, never have an opinion about anything, and/or lie about both - I've been on several juries, and I've seen some real idiots in the jury room, both for and against the defendant. Some of them I think will say anything to be on a jury, and the others are angry at being forced to be on the jury.

    It'd be my luck to get the "perfect storm" of idiots with no one with a backbone to stand up for what's right, instead of what the letter of the law says - Sometimes those are two different things.

    The juror is the most powerful element of the Criminal Justice system (with the exception of an armed victim at the instant a crime happens), and it's a shame that they're not given an apitude test in the law, their rights & duties, and common sense in order to be on a jury.

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