261:'s office received numerous open record requests for the videotape. David McDade inquired of the Prosecuting Attorneys' Council of Georgia whether the videotape had to be released under the Open Records Act. The Council concluded that "if no one has filed for a protection order ... claiming that disclosure of the video tape would invade individual privacy, we can find no reason why disclosure of the video tape is not required under ... the Open Records Act." Ignoring the fact that it was the Legislature that wrote the Open Records Law (and which caused the initial controversy by refusing to apply the "Romeo and Juliet" clause retroactively), Georgia State Sen. Emanuel Jones said he would introduce legislation to block district attorneys from handing over photographic images in sex cases. "'I'm going to call it the David McDade Act,' Jones said. 'Sometimes we have to protect our kids from district attorneys.'" As the participants shown having sex in the video were under 18, the videotape constitutes
373:
the legislature's view of the gravity of oral sex between two willing teenage participants" and "reflect a decision by the people of this State that the severe felony punishment and sex offender registration imposed on Wilson make no measurable contribution to acceptable goals of punishment. ... Although society has a significant interest in protecting children from premature sexual activity, we must acknowledge that Wilson's crime does not rise to the level of culpability of adults who prey on children and that, for the law to punish Wilson as it would an adult, with the extraordinarily harsh punishment of ten years in prison without the possibility of probation or parole, appears to be grossly disproportionate to his crime."
233:. Wilson had been offered a plea bargain for a five-year sentence with the possibility of parole before the trial but rejected the offer. After the jury had returned the guilty verdict, the prosecutor offered the same 5-year plea bargain again, and Wilson refused again. Another young man involved in the case had accepted a similar 5-year plea bargain and was paroled after two years.
1297:, Monday April 30, 2007 "Every day that young Genarlow Wilson remains in prison for consensual sexual activity is a further indictment against the prosecutors, lawmakers and judges of the Georgia legal system. Lawyers for Mr. Wilson have applied for a writ of habeas corpus to challenge his cruel and unusual 10-year sentence. The Superior Court should grant it."
462:(who, like Wilson, is African-American) in which he questioned whether Wilson's race had played a role in his treatment. He wrote: "The racial dimension of the case is likewise hard to ignore and perhaps unfortunately has had an impact on the final outcome of the case," pointing out that white defendants have received lesser punishments for similar conduct.
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receiving a reduced sentence, possibly leading to his release based upon time already served. Wilson's lawyer, B.J. Bernstein, would not accept the proposed deal because it would require her client to plead guilty to a felony with a fifteen-year sentence, forcing him to register as a sexual offender for up to fifteen years.
493:, also marched on Douglas County, Georgia, for the injustice done. There were many participants there, including the girl's mother who stated that she forgave Genarlow and was in favor of his release. The speakers targeted Douglas County judicial system and particularly David McDade for his unfair treatment.
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published an editorial condemning the
Georgia Supreme Court's original refusal to hear Wilson's appeal, noting that Wilson was not a sexual predator, and that his behavior would have only been a misdemeanor if he had actually had sex with the girl, instead of having had oral sex (due to a loophole in
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A bipartisan group of legislators introduced a bill in the 2007 Georgia legislative session that would allow Wilson's sentence to be reduced by the courts. This session was adjourned in April, before the bill could be considered. Several legislators have subsequently called for a rare special session
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until the appeal could be heard. Whitney Tilson, a New York City investment manager, and others offered to finance a million dollar bond on Wilson's behalf, but
District Attorney McDade noted that Wilson's crime, aggravated child molestation, prevented him from being released on bond. Douglas County
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in
Georgia must register themselves and are subject to penalty laws for life, and that the law was not intended to penalize teenage partners. As the law stands, Wilson would not even be able to return to his own family after an early release, as he has an 8-year-old sister Jiaya Bennett with whom he
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Additionally, Wilson engaged in sex with a 17-year-old girl, who woke up the next morning naked and disoriented and claimed to have been raped, which triggered an investigation. Police found condoms and evidence of drinking, as well as a video camera with footage of Wilson engaging in the sex acts,
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have criticized Baker's appeal of the Monroe County ruling. Meanwhile, Rev. Markel
Hutchins, a civil rights activist in Atlanta, has criticized them for not having all the facts and failing to stand up for the victims in the case. He also questioned the motivations of Wilson's attorney, Bernstein,
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published another editorial noting that
Georgia's legislature had closed the loophole in the law and that if Wilson were tried today he would now be facing only misdemeanor charges for the same act. However, the State Senate adjourned for the year without taking up a bill allowing judges to review
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ruled 4–3 that Wilson's sentence was cruel and unusual, and ordered him released. He was released from prison in the late afternoon that day. The majority opinion said that the changes in the law (which made oral sex between minors a misdemeanor instead of a felony) "represent a seismic shift in
224:, stating his adamant belief that "It's all about doing what's right And what's right is right, and what's wrong is wrong. And I'm just standing up for what I believe in." His decision to reject the plea agreement, as well as his continued fight to overturn his conviction, takes into account that
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prohibits prosecutors from allowing defendants in criminal proceedings to possess a copy of any evidence that constitutes child pornography, even if the purpose is to mount a defense against the charge. Under this law, Wilson and his defense team are prohibited from having a copy of the videotape
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filed by Wilson's attorneys, the
Superior Court of Monroe County in the State of Georgia reduced Wilson's charge to misdemeanor aggravated child molestation, ordered that his name not be placed on the sex-offender registry, and resentenced him to 12 months and with credit for time served. Stated
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set a hearing for
Genarlow Wilson's appeal for July 20, 2007, more than two months earlier than previously scheduled. The first motion was an appeal by the State Attorney General Baker of the Monroe County Superior Court judge's decision to reduce Wilson's felony conviction to a misdemeanor and
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Oral sex has long had a special criminal status in
Georgia law; until 1998, oral sex even between husband and wife was punishable with up to 20 years in prison. The United States Supreme Court, in 1986, originally upheld Georgia's anti-sodomy law (which covered both oral sex and anal sex) as
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According to Baker, the plea deal could allow Wilson to be eligible for 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. It could also result in Wilson
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During a private New Year's Eve party that Wilson attended in a hotel room in 2003, when Wilson was 17 years old, multiple sex acts took place. Wilson engaged in oral sex with a 15-year-old girl, and the girl stated consistently that the act was consensual.
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Judge Thomas Wilson (no relation), "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."
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power in Georgia, but the prosecutor has the power to set aside the verdict. The prosecutor Eddie Barker, apparently waiting for an admission of guilt, has said "the one person who can change things at this point is Genarlow. The ball's in his court."
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At the time of his conviction, provisions for similarity in age that allowed underage consent to be taken into account were only applicable to vaginal sex. As the case involved oral sex, the consent of the girl was not at that time legally relevant.
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On October 26, 2007, the Georgia State Supreme Court, while not overturning the conviction itself, ruled that Wilson's sentence was disproportionate. He was released later that day, after serving over 4 years of his 10-year prison sentence in the
420:). Twelve years later, Georgia's Supreme Court would, however, find that the same law upheld by the U.S. Supreme Court was unconstitutional on state constitutional grounds, at least as applied to oral sex with persons over the age of consent (
286:; the court twice refused to hear the case, with the presiding judge delivering an opinion that said she was "very sympathetic to Wilson's argument" but that she was bound by the Legislature's decision to make the law not apply retroactively.
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with a maximum sentence of one year in prison, and no sex offender registration. While Wilson's attorneys argued that such a change in the law should reverse his conviction, the Legislature specifically prohibited the bill from being applied
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in Georgia is 16, they voted to convict him of aggravated child molestation for the oral sex incident. Some jury members later complained they had not understood the verdict would result in a 10-year minimum sentence, plus one year on
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expressed concern that other convicted child molesters might attempt similar legal tactics to get out of prison. While Baker called the Wilson sentence "harsh", he also noted that he had taken an oath to uphold state law.
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lambasted prosecuting district attorney David McDade for continuing to publicly charge that Wilson participated in gang-raping a different 17-year-old girl, even though he was acquitted of charges in that case.
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would be forbidden contact. The other young males involved (including one charged for the same oral sex acts as Wilson) accepted plea bargains with the possibility of parole; they are required to
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and, therefore, should not be applied to Wilson. The majority opinion claimed, however, that it did not apply the law retroactively but instead that the punishment was unconstitutionally
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The then 15-year-old girl has repeatedly stated that the act of oral sex was consensual, though she legally could not consent. The jury acquitted Wilson of the rape charge, but as the
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release him. The second motion was brought by Wilson's attorneys to have him released on bond while the appeals are heard which the Douglas County Superior Court judge denied.
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has appealed Judge Wilson's decision, staying Genarlow Wilson's release. Baker maintains the judge did not have the authority to overturn the conviction and says there is a
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In part because of the publicity surrounding this case, the law under which Wilson was convicted was changed after his conviction; the act would now be treated as a
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in the motel room used for the party. In the video, the 17-year-old girl appeared sleepy or intoxicated during the sex act but did not ask Wilson to stop.
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Superior Court Judge David Emerson agreed with McDade and canceled a scheduled bond hearing. Bernstein announced that she would file an appeal.
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new conviction of "misdemeanor aggravated child molestation" substituted for original conviction of "aggravated child molestation"
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with a 15-year-old at a New Year's Eve party, an offense carrying a mandatory penalty of 10 years' imprisonment.
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Petition for a Writ of Certiorari, filed by Brenda Joy Bernstein in the Georgia Supreme Court
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Following the June ruling in Monroe County, both Attorney General Baker and Georgia Governor
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previous cases like Wilson's and Wilson continued to serve a mandatory 10-year sentence. The
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the applicable law's provision intended to prevent exactly this kind of dubious conviction).
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with the U.S. Supreme Court and it urged the Court to grant it. In the same editorial, the
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Georgia Attorney General Thurbert Baker's Open Letter regarding the Genarlow Wilson Case:
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the majority relied upon involved legislation with no prohibitions against retroactivity.
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and Baker's appeal, Bernstein urged prosecutors to allow her client to be set free on
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Wilson received the 10-year sentence following a refusal to enter into a proposed
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The dissenting opinion said that the legislators had explicitly made the law non-
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of Genarlow Wilson (born April 8, 1986, to Juanessa Bennett and Marlow Wilson).
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that prosecutor McDade has distributed to anyone else who has requested it.
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834:– Press release by State Senator Emanuel Jones, 10th District of Georgia
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1105:"Wilson released after two years behind bars for teen sex conviction"
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Teen’s 10-Year-Term for Consensual Sex Draws Attention to Georgia Law
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One year later, Genarlow Wilson focused on being asset to community
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Civil rights leader meets with DA, AG in Genarlow Wilson case
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also noted that Wilson's attorneys had applied for a writ of
1137:. Inside Advantage Georgia. October 26, 2007. Archived from
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Attorney General Baker said he would not appeal the ruling.
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Release of tape in teen sex case may violate child-porn law
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and urged her to attempt to find a resolution in the case.
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http://www.state.ga.us/ago/pdfs/TEB_Letter_for_Website.pdf
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279 Ga. App. 459 (appeal to Court of Appeals of Georgia);
1222:"SUPREME COURT RULES WILSON'S SENTENCE CRUEL AND UNUSUAL"
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1010:, by Shannon McCaffrey, Associated Press, June 27, 2006
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Judge says no bond for Genarlow Wilson, cancels hearing
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Outrage After Teen Gets 10 Years for Oral Sex With Girl
1022:"State Supreme Court moves up Genarlow Wilson hearing"
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by Tambria Peeples, CrossRoadsNews, October 23, 2008.
617:. Associated Press. October 26, 2007. Archived from
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in 2005, after, at the age of 17, he had engaged in
1375:(Genarlow Wilson's criminal defense lawyer's blog)
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1191:"Teen-sex sentence 'cruel and unusual' punishment"
983:Last minute appeal in teen sex case sparks outrage
871:, CNN, July 13, 2007, retrieved December 11, 2009
148:court case brought about to appeal the aggravated
1074:"Supreme Court Orders Genarlow Wilson's Release"
946:Judge Rules for Genarlow Wilson in Teen Sex Case
1161:"Supreme Court Orders Genarlow Wilson Released"
832:Genarlow Wilson: search for justice continues
8:
1259:"Georgia Court Orders Man Freed in Sex Case"
489:On Genarlow's behalf, the NAACP, led by Dr.
144:, 652 S.E. 2d 501, 282 Ga. 520 (2007) was a
1388:(ESPN article covering the case in detail)
643:"Georgia Man Fights Conviction as Molester"
638:
636:
528:"Genarlow Wilson rejoices over his release"
254:of the Legislature to reconsider the bill.
1062:(S07A1606), 282 Ga. 520 (October 26, 2007)
615:"Georgia Court Frees Man in Teen Sex Case"
271:Adam Walsh Child Protection and Safety Act
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1314:Judge to rule Monday in Ga. teen sex case
844:Law change sought in Genarlow Wilson case
458:wrote a letter to state attorney-general
1450:History of women in Georgia (U.S. state)
795:– from BlackAmericaWeb, January 10, 2006
585:"After teen sex ruling, he's a free man"
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176:Al Burruss Correctional Training Center
1430:Juvenile case law in the United States
888:Prosecutor Under Fire in Teen Sex Case
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1333:– by Jeremy Redmon and James Salzer,
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583:Fausset, Richard (October 27, 2007).
557:Christen, Tracey (October 27, 2007).
454:On May 24, 2007, former US president
428:S98A0755, 270 Ga. 327, 510 S.E. 2d 18
52:Genarlow Wilson v. State of Georgia
7:
1257:Goodman, Brenda (October 26, 2007).
1135:"Court Orders Genarlow Wilson Freed"
351:Georgia Supreme Court appeal hearing
85:2006 Ga. LEXIS 1036 (application to
1103:Mary Lynn Ryan (October 26, 2007).
926:Order of the Court, Wilson v. State
907:Genarlow Wilson Needs the Walsh Act
761:. December 21, 2006. Archived from
559:"Genarlow Wilson Freed From Prison"
231:register as convicted sex offenders
158:Wilson was convicted of aggravated
77:(trial in Douglas Superior Court);
1197:. October 26, 2007. Archived from
1167:. October 26, 2007. Archived from
1080:. October 26, 2007. Archived from
526:Joyner, Tammy (October 26, 2007).
25:
1220:Hansen, Jane (October 26, 2007).
890:, Associated Press, July 13, 2007
668:Why is Genarlow Wilson in Prison?
481:, the Rev. Jesse Jackson and the
384:. The dissenters argued that the
1335:The Atlanta Journal-Constitution
532:The Atlanta Journal-Constitution
1435:Sex crimes in the United States
1020:Redmon, Jeremy (July 9, 2007).
1415:2007 in United States case law
1:
1425:Georgia (U.S. state) case law
705:– ABC News, February 7, 2006
305:In response to a petition of
282:The case was appealed to the
1440:U.S. state criminal case law
1410:2007 in Georgia (U.S. state)
1026:Atlanta Journal-Constitution
849:Atlanta Journal-Constitution
651:, Tuesday December 19, 2006
1341:September 30, 2007, at the
1331:Baker defends Wilson appeal
894:September 18, 2008, at the
473:Black leaders such as Rev.
370:Georgia State Supreme Court
357:Georgia State Supreme Court
289:The governor does not have
257:After the trial ended, the
204:Initial trial and plea deal
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1379:February 11, 2011, at the
755:"Free Genarlow Wilson Now"
739:website, January 24, 2007
483:Congressional Black Caucus
790:February 2, 2007, at the
655:February 3, 2023, at the
368:On October 26, 2007, the
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1356:– by Shannon McCaffrey,
1229:Supreme Court of Georgia
1051:Supreme Court of Georgia
677:– by Chandra R. Thomas,
103:Supreme Court of Georgia
87:Supreme Court of Georgia
363:
338:Following the grant of
1445:Monroe County, Georgia
1301:June 22, 2013, at the
1006:June 29, 2007, at the
988:June 10, 2023, at the
951:June 14, 2007, at the
931:June 16, 2007, at the
912:March 3, 2016, at the
856:June 22, 2007, at the
673:June 15, 2007, at the
399:On December 21, 2006,
970:July 9, 2007, at the
819:July 5, 2007, at the
709:June 9, 2023, at the
355:On July 9, 2007, the
284:Georgia Supreme Court
1386:Outrageous Injustice
1269:on November 19, 2018
1238:on September 2, 2009
846:– by Carlos Campos,
765:on February 20, 2016
735:– Thompson, Wright,
732:Outrageous Injustice
326:offer on the table.
1171:on October 28, 2007
1141:on October 28, 2007
1084:on October 28, 2007
1060:Wilson v. The State
595:on January 27, 2013
538:on October 28, 2007
433:On April 30, 2007,
118:Judge Thomas Wilson
1294:The New York Times
1201:on August 11, 2022
1056:Humphrey v. Wilson
875:2022-08-12 at the
508:Child sexual abuse
435:The New York Times
413:Bowers v. Hardwick
402:The New York Times
237:Legislative action
1115:on March 25, 2023
589:Los Angeles Times
423:Powell v. Georgia
382:cruel and unusual
263:child pornography
259:District Attorney
160:child molestation
150:child molestation
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98:Subsequent action
16:(Redirected from
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364:Wilson's release
317:Attorney General
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110:Court membership
105:October 26, 2007
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1289:Georgia’s Shame
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378:retroactive
267:federal law
243:misdemeanor
1404:Categories
514:References
386:precedents
315:Georgia's
186:Background
153:conviction
91:certiorari
1373:My5th.org
769:March 29,
430:(1998)).
215:probation
1420:Fellatio
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497:See also
395:Reaction
301:petition
164:oral sex
1078:WGCL-TV
1036:July 9,
563:WXIA-TV
278:Appeals
269:. The
146:Georgia
93:denied)
58:Decided
1165:WSB-TV
477:, Dr.
340:habeas
299:Habeas
291:pardon
265:under
1236:(PDF)
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448:Times
440:Times
37:Court
1291:" –
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