SPOTLIGHT ON GEORGIA

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Spotlight On Georgia: In The Eye Of The Storm

 UPDATE: UPDATED: 2:18 p.m. October 26, 2007
Genarlow Wilson expected to be released today
Georgia Supreme Court rules his sentence was cruel and unusual

By SCOTT THURSTON, BILL RANKIN
The Atlanta Journal-Constitution
Published on: 10/26/07

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.

W.A. BRIDGES JR. / AJC
Genarlow Wilson stands outside the Burrus Correctional Training Center earlier this year.
 
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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. More: http://www.ajc.com/metro/content/metro/stories/2007/10/26/genarlow_1026.html?cxntlid=homepage_tab_newstab

Former United States President Jimmy Carter and current presidential hopeful Barrack Obama have joined a growing crowd of over 2,000 angry citizens that have taken to the streets of Georgia demanding justice, once and for all for Genarlow Wilson.
Genarlow Wilson is the young black man currently serving a 10 year prison sentence for consensual oral sex when he was 17 years old with a 15 year old girl in 2003. Mr. Wilson was convicted of child molestation in that case and will be forced to register as a sex offender when released. 
The people have spoken and continue to speak on Genarlow’s behalf believing that we are still living in a democracy. In a true democracy, lawmakers are obligated to serve as representatives of the people, not representatives of their own personal agendas or that of corporate entities. 
I refer often to Genarlow Wilson’s case, not because Genarlow is “special” or “unique” but because he serves as a representative example of a much larger pattern of wrongdoing that is repeated and perpetrated all across this country. Genarlow Wilson stands for a fast growing group of victims of outrageous legislative conduct and a broken system that has spiraled out of control. Genarlow Wilson is the poster child for young men and women that have been and are being repeatedly victimized by political corruption.
Criminalizing consensual sex is wrong and mandating lengthy prison terms, such as in Genarlow Wilson’s case simply defies all logic. Filling the rolls of sex offender registries for this type of conduct is simply outrageous and is a complete and total abuse of the registry itself. Add to that the plethora of “retroactively” applied laws to this group of people and the lumping of them in with violent rapists and true child molesters is beyond unconscionable and serves absolutely no legitimate public safety purpose whatsoever. Period. 


Perhaps Thurbert Baker, the Georgia Attorney General that is so hell bent on destroying this young man’s life summed it up best (albeit unwittingly) when he stated “To apply legislative changes retroactively would invite chaos, it potentially affects countless others who may be in the prison system or on probation or who have completed their sentences.”Legislators and courts across the country have repeatedly allowed retroactive laws to be applied under the guise of manifesting justice, but have thus far limited the scope of retroactivity to additional punishments and regulatory schemes. If we are to take them at their word that manifesting justice IS their goal, then why can they not also apply retroactive laws to manifest TOTAL justice and correct injustices as well? The scheme of applying retroactive laws is lopsided and it is not in the people’s favor.

What clearer proof does the United States Supreme Court need that retroactive laws are not only unjust but blatantly unconstitutional? By allowing retroactivity under Doe v. Alaska, the U.S. Supreme Court gravely erred and now the proverbial lid has been blown off a very nasty can of worms. Make no mistake, our lawmakers have created and continue to perpetuate this kind of chaos. Our forefathers knew well the inherent dangers of retroactive laws and devoted an entire amendment prohibiting them. They explicitly forbade retroactive laws of any kind. However, the U.S. Supreme Court justices obviously felt they knew better than our forefathers when they made their ruling. They were wrong- dead wrong and it is time they stepped up to the plate. There are well over half a million people in this country who now know first hand just how much chaos blanket sex offender laws and retroactive legislation have created. They live it every day, and so do their families. Their lives are a testimony to it.

Lest anyone out there think or try to argue that Mr.Thurbert Baker and his entourage really give a damn about victims or justice, know this: The prosecuting attorney from Mr. Baker’s office, District attorney David McDade wanted Genarlow Wilson to serve his sentence so badly, that he made 36 copies of the videotape showing the “victim” performing oral sex on Genarlow Wilson and passed it around to news stations, attorney’s and various other media outlets. Effectively manufacturing, possessing, and distributing child pornography in the words of U.S. Attorney David Nahmias. Not to mention publicly disgracing the minor depicted. 

This begs the question, and one that we should all be asking ourselves: Who is the bigger pervert here: The teenager getting oral sex from his peer or the prosecutor claiming to protect children?

 

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