ATLANTA – Genarlow Wilson's joy was short-lived.
The Georgia man, who has become a symbol for extreme cases of getting tough on sex offenders, was ordered released from prison by a judge who called his 10-year sentence for having consensual oral sex as a teen “a grave miscarriage of justice.”
The verdict brought cheers from his legal team. His mother, Juannessa Bennett, wiped away tears as she called it “a miracle.”
But the mood dampened some 90 minutes later when the state's attorney general announced he would appeal, which will keep the former honors student and football star behind bars for now.
Wilson's case has gained national attention, with critics saying his sentence was far too harsh. Supporters like former President Jimmy Carter have said it raises questions about race and the criminal justice system.
“As far as I'm concerned, this case is a throwback to Southern justice,” said state Sen. Vincent Fort, an Atlanta Democrat.
Wilson, 21, and five other male partygoers charged in the cases were black, as were the two teenage girls involved.
Wilson is serving a 10-year mandatory sentence for having consensual oral sex with a 15-year-old girl in 2003, when he was 17. If his conviction is upheld, he will also be placed on Georgia's sex offender registry.
At the time of his crime, Wilson would have faced just one year in prison if he had sexual intercourse with the girl. The “Romeo and Juliet” exception in Georgia law also would have allowed him to avoid the sex offender registry.
Lawmakers last year voted to close that loophole. But the state's top court said the new law could not be applied retroactively to Wilson's case.
Opponents of Wilson's release said it could lead to similar legal challenges. Georgia prisons currently hold 189 inmates who were sentenced for aggravated child molestation when they were 21 or younger.
In his notice of appeal, Attorney General Thurbert Baker argued that Georgia law does not give a judge authority to reduce or modify the sentence imposed by the trial court.
He said he would seek an expedited ruling from the Georgia Supreme Court. And he noted that a plea deal is on the table that would spring Wilson in a maximum of five years and also remove him from the sex offender registry.
Not good enough, said Wilson's lawyer, B.J. Bernstein.
“It is really ridiculous when you consider that we had a judge that just said it is a misdemeanor that carries no sex offender registration,” she said. “It is extremely, extremely disturbing that the attorney general would take this action now.”
Bernstein said her office was seeking bond for Wilson that would allow him to leave prison while his appeal was pending. He has been behind bars for more than 28 months.
The judge's ruling Monday threw out Wilson's 10-year sentence and amended it to misdemeanor aggravated child molestation with a 12-month term, plus credit for time served. He would not be required to register as a sex offender.
“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,” wrote Judge Thomas H. Wilson, no relation to Genarlow Wilson.
“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,” the judge wrote.
Wilson's mother was jubilant at the prospect of her son's freedom and looked stricken when she learned of the appeal.
“It's heartbreaking,” Bennett said.
A jury in 2005 found Wilson guilty 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 another 17-year-old girl, but was acquitted. The party was captured on a videotape that was played for the jury.
The five other male partygoers took plea deals in the case. One has been released from prison and is now in college.
from The San Diego Union-Tribune
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