Skip to content

Black Shards Press

Forgetting Past Mistakes is to Repeat Them

Menu
  • Home
  • Novels
    • Liberty First Novels – The Recognition Saga
      • Recognition Free Chapters
  • Short Stories
  • Op-Ed Blog
  • About
Menu

Genarlow Wilson to be Freed

Posted on October 26, 2007October 26, 2007 by marc

art_g_wilson_filer

As the Atlanta Journal-Constitution reports, a uniquely stupid chapter in the story of the American legal system is drawing nearer to a close.

The Georgia Supreme Court on Friday ordered the release of Genarlow Wilson, the Douglas County man who has been serving a controversial 10-year sentence for having consensual oral sex with a 15-year-old girl when he was 17.

The court’s 4-3 decision upholds a Monroe County judge’s ruling that the sentence constituted cruel and unusual punishment under both the Georgia and U.S. constitutions.

The majority opinion said the sentence appeared to be "grossly disproportionate" to the crime and noted that it was out of step with current law.

Wilson was expected to be released Friday afternoon from Al Burruss Correctional Training Facility in Monroe County, according to his lawyer.

This decision is long overdue, considering the facts of the "crime" of which Wilson was convicted. 

More:

"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 …" wrote Supreme Court Justice Leah Ward Sears in the majority opinion.

She said that "for the law to punish Wilson as it would an adult, with the extraordinarily harsh punishment of 10 years in prison without the possibility of probation or parole, appears to be grossly disproportionate to his crime."

Also true.  But are there other facts to consider about Wilson’s case?

Actually, yes.  What most major media and blogs no longer discuss is that Wilson videotaped himself having sex with another, older girl that night, a girl who was probably under the influence of drugs and woke up claiming that Wilson had raped her.

Wilson was acquitted of this charge but given a severe sentence with regard to the underage girl.  Legally this was based on Georgia’s "aggravated" child molestation law, aggravated in this case meaning oral sex.  Why Wilson was charged with this harsh, felony violation rather than a more appropriate misdemeanor is a mystery.  Many have conjectured that it was because Wilson is black, although I think it likely that prosecutors considered the other girl’s case, the video tape, and the drugs/alcohol involved when making their decision.

Wilson was convicted, sentenced to 10 years without possibility of parole, and locked up.  The irony, which most of us know well, is that if Wilson had had intercourse with the girl he’d have been sentenced to no more than 1 year. 

That’s retarted, of course.

Last year Wilson won an appeal that should have freed him but Attorney General Thurbert Baker elected to appeal that ruling, setting the stage for the state Supreme Court to act today.

Baker said:

he will "respectfully acknowledge" the state Supreme Court’s decision.

"I hope the court’s decision will also put an end to this issue as a matter of contention in the hearts and minds of concerned Georgians and others across the country who have taken such a strong interest in the case."

That’s one way of putting it.

Another is that the decisions made by prosecutors in the case were highly questionable at best.  By electing to go after Wilson the state made a joke of itself and the American legal system, something that’s not easy to do these days, and by failing to back off of the case when Wilson’s release became all but inevitable just made the problem that much worse.

The irony is that Wilson is anything a poster child for African-American males’ problems with the legal system, despite how he’s consistently portrayed.  Yes, he was punished too harshly.  No, he was not innocent.  Hardly that, considering the contents of the infamous video tape.

Seems like everything except justice was served in this case.

One last question remains:  Given that the state Supreme Court was restricting its examination to the child molestation conviction, why did 3 justices vote to uphold Wilson’s conviction?

Categories

  • Abortion
  • Afghanistan
  • Africa
  • Age Issues
  • Agriculture
  • Book Reviews
  • Business
  • Celebrities
  • Child Care
  • Christianity
  • Cinema
  • Communism
  • Conservatism
  • Crime
  • Death Penalty
  • Democracy
  • Denmark
  • Discrimination
  • Drugs
  • Education
  • Energy
  • England
  • Environment
  • Evolution
  • Family Values
  • Finance
  • France
  • Free Speech
  • Gay Rights
  • General News
  • Gun Control
  • Health
  • Holocaust
  • Humor
  • Immigration
  • India
  • Iran
  • Iraq
  • Islam
  • Israel
  • Justice
  • Korea
  • Law
  • Liberalism
  • Libertarianism
  • Literature
  • Media
  • Medicine
  • Men's Rights
  • Mexico
  • Middle East
  • Military
  • Music
  • My Tweets
  • National Security
  • Pakistan
  • Parenting
  • Personal
  • Philosophy
  • Political Correctness
  • Politics
  • Privacy
  • Race
  • Religion
  • Right to Die
  • Russia
  • Saudi Arabia
  • Science
  • Site News
  • Society
  • Space
  • Sports
  • Stupidity
  • Taxation
  • Technology
  • Term Limits
  • Terrorism
  • Texas
  • Transportation
  • Turkey
  • Unions
  • Venezuela
  • Welfare
  • Women's Rights
  • World
  • Youth

Archives

  • February 2025
  • March 2022
  • January 2022
  • December 2021
  • October 2021
  • January 2021
  • November 2020
  • March 2020
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • May 2016
  • April 2016
  • March 2016
  • March 2015
  • December 2014
  • October 2014
  • September 2014
  • January 2013
  • December 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • November 2006
  • October 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006
  • April 2006
  • February 2006
  • January 2006
  • July 2005
  • June 2005
  • May 2005
  • June 2004
  • December 2003
  • November 2003
  • October 2003
  • September 2003
  • August 2003
  • July 2003
  • June 2003
  • May 2003
  • April 2003
  • March 2003
  • December 2002
  • November 2002
  • October 2002
  • September 2002
  • August 2002
  • July 2002
© 2026 Black Shards Press | Powered by Minimalist Blog WordPress Theme