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He should have been freed a long time ago. I'm glad it finally happened. He's a good kid who did nothing wrong IMO.
Curious on how people on this board feel about this case
http://www.sportingnews.com/yourturn...c.php?t=295715
ATLANTA (AP) -- Georgia's Supreme Court on Friday ordered the release of a young man who has been imprisoned for more than two years for having consensual oral sex with another teenager.
The court ruled 4-3 that Genarlow Wilson's 10-year sentence was cruel and unusual punishment.
Wilson, 21, was convicted of aggravated child molestation following a 2003 New Year's Eve party at a Douglas County hotel room where he was videotaped having oral sex with a 15-year-old girl. He was 17 at the time.
Wilson was acquitted of raping another 17-year-old girl at the party.
The 1995 law Wilson violated was changed in 2006 to make oral sex between teens close in age a misdemeanor, similar to the law regarding teen sexual intercourse. But the state Supreme Court later upheld a lower court's ruling which said that the 2006 law could not be applied retroactively.
Chief Justice Leah Ward Sears wrote in the majority opinion that the changes in the law "represent a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants."
Sears wrote that the severe punishment makes "no measurable contribution to acceptable goals of punishment" and that Wilson's crime did not rise to the "level of adults who prey on children."
The state Supreme Court had turned down Wilson's appeal of his conviction and sentence, but the justices agreed to hear the state's appeal of a Monroe County judge's decision to reduce Wilson's sentence to 12 months and free him. That judge had called the 10-year sentence a "grave miscarriage of justice."
Dissenting justices wrote that the state Legislature expressly stated that the 2006 change in the law was not intended to affect any crime prior to that date.
They said Wilson's sentence could not be cruel and unusual because the state Legislature decided that Wilson could not benefit from subsequent laws reducing the severity of the crime from a felony to a misdemeanor.
They called the decision an "unprecedented disregard for the General Assembly's cons utional authority."
A spokeswoman for Wilson's lawyer said his legal team received no advance notice of the decision.
Wilson was being recruited by several colleges when he was sent away to prison. He was tasked with covering Calvin Johnson, the No. 2 pick in this year's NFL draft, during his high school career.
Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
He should have been freed a long time ago. I'm glad it finally happened. He's a good kid who did nothing wrong IMO.
The State of Georgia owes him a free ride for the rest of his life as far as I'm concerned.
Couldnt be happier for him and his family
Great news.
This is the one where the guy would have been ok if he had had sex with her but because it was oral sex he was in deep right?
Dumbest thing ever...
Glad to see he is finally out.
I'm thrilled to see that it is finally over and that justice was done over the law (I can't disagree with the dissenting opinions, but I firmly believe that what is truly right shouldn't be weighed down by other people's ups).
That kid should NEVER have been sentenced to anything but probation; even the jury members that convicted him were outraged by the sentence he received. This kid's opportunities and life have been seriously damaged by all of this. He lost out on a chance for a free college education, potentially an NFL spot, and 4 years of his life. Even now, he will be free, but he'll still have that conviction on his record.
Damn stupid for a foolish and outdated law. I hope that there are enough people willing to help him back on track in freedom, and he doesn't just got ed all over again.
17 and 15?
happens all the time. Plus hes not legal yet either.
What astupid ruling, props to him for getting out. Hope his life can be a decent one the rest of his life.
Yup...the sex with a minor charge was a misdemeanor I think, but oral sex with a minor was a felony.
And the jury, as stated, did not know that the punishment would be so severe, as they thought he would get probation. They did not know it was a felony charge. The majority of them regretted their decision afterwards.
Couldn't agree more
He should never been charged in the 1st place. I'm thrilled for him.
that is stupid IMO.
17 and 15?
I dont get whats so bad about that.
I'm 19 and I wouldn't mind ing a 15 year old:
But oral? I dont get why that is so bad.
That is one ed up case
First thing he should do is GTFO out Georgia. You know the people who prosecuted him are just itching for him to slip up.
The dissenting justices are full of . The only reason the law was changed in the first place was because of this specific case. The rider that it would not be applied retroactively was a political ploy to save the asses of the guys who prosecuted him.
i remember doing a paper on him a year or so ago... glad he got out. they change the law almost specifically for him and they still dont let him off with a lighter sentence.
If any of you have read state laws for different states, their are some pretty wierd and ed up laws they have. Like you can't leave your elephant parked outside a library or something like that.
He shouldn't have had to have been freed because he never should have been imprisoned in the first place.
I don't know how I missed this story before because I have been pulling for this young man since I first heard his story. This is exactly the thing I needed to hear after the week I had. Good for Genarlow! I hope he makes the most of his hard earned national attention and I hope the State of Georgia regrets ever hearing his name.
Good luck, man!
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