Genarlow Wilson get 10 year for BJ

[TheFaithfulStone]

Actually, if they convert his conviction to a misdemeanor, he shouldn't have to register.

 

We'll see.

 

Bet he wishes he were a white female. Near the bottom.

 

Two things I've learned from this.

 

1) Groups of people are incapable of behaving ethically or with compassion. if you have more than two or three people in a group they act like bastards. Witness the whole "out of my hands" attitude that every single person who could end this has.

 

2) People who interpret the law by it's letter and not by it's spirit want to abuse it. Period.

 

One thing I got reinforced for me REAL GOOD.

 

1) It sucks to be black in the south. If you think that there isn't a racial component to this - I'm flabbergasted. You must live somewhere BESIDES Georgia, Arkansas, Mississippi, Alabama, etc.

 

What pisses me me off most about this is that I'm not surprised. Bureaucrats are sniveling excuse makers, politicians are self-serving liars, teenagers are stupid, people are cruel to everyone who's not like them, and nobody anywhere does anything.

 

Gah. I'm as disappointed in myself for not acting more strongly as I am in the rest of the world.

 

TFS

[Cedars]

You and others have gone around and around regarding the age issue.

You mention a number of examples where the law states a person is a minor or an adult and appear to support the idea of absolutes (i.e. at 21 you can legally drink, under that you cant).

Yet, the issue of a minor being tried as an adult is fluid and decided on a case by case issue. And while you SAY it is based on the type of crime, it is not. Two juveniles may both commit murder yet one will be tried as an adult while the other tried as a minor. This can vary on the judgement of the particular judge assigned to the case.

So you appear to be ok with both a fluid definition of minor when it comes to crimes, yet a hard set definition for everything else?

Could you elaborate more (if you revisit the thread:))?

 

My responses were all to answer other posts which brought up the issue of age. The issues brought up regarding crimes were for minor offenses, not major ones such as rape, or murder. As far as this case, 6 people were charged and all were offered the same deal. 5 of them took the deal and G. Wilson did not. From that point it went before a judge to determine whether G. Wilson's alleged crimes were serious enough to merit trial as an adult.

 

With only one person deciding to exercise his right to go to trial, one cannot determine if there would have been the same exercise of Judification as an Adult (I think thats the correct term) for all of the defendants, should they have all insisted on going to trial.

 

It was determined by a judge that the case's merit compelled him to grant the request of the prosecution to try this case as an adult. Keep in mind that G. Wilsons defense had the opportunity to present compelling evidence that this case did not merit trial as an adult.

 

There have been two full legislative sessions that have come and gone without the Georgia legislature taking action to reverse this situation. While there are plenty of pro-G. Wilson reports out there to view, one has to wonder why the pressure has not resulted in a reversal of this condition. Could it be that quietly, many people from the state of Georgia are writing their officials and saying that they do not support the release of this individual, regardless of what the people of New York, California, Minnesota, or any other individuals outside of the state of Georgia have to say?

[CraigD]

There have been two full legislative sessions that have come and gone without the Georgia legislature taking action to reverse this situation.

I don’t believe this statement is entirely accurate.

 

Although the legislature has not specifically addressed Wilson’s case, nor ammended current law to apply retroactively to his case, as noted in post #67 and subsequent posts in this thread, as of 2006, 2 years after the acts for which Wilson was convicted of felony aggravated child molestation, the laws under which he was charged no longer exist. If tried today, Wilson could be charged only with a misdemeanor, for which if convicted, he would be unlikely to receive a lengthy prison sentence.

 

So if “the situation” to which Cedars refers is Wilson’s incarceration, the statement appears correct. If it refers to the criminality of the act of which he has convicted, the statement appears incorrect.

[Zythryn]

So Cedars, were your statements specific to this case only in regards to age and responisbility?

If that is the case, I agree with you, all were treated equally.

If it is a more general issue, then I think the treatment of minors as adults for crimes committed leaves a lot to be desired as it is arbitrary to a very large extent.

Bill, I agree, criminal cases are much more significant and the issue should be taken on a case by case basis. In a perfect world with unlimited time and resources, I would propose we do the same with all the other issues (drinking, driving, voting, etc).

[TheFaithfulStone]

Could it be that quietly, many people from the state of Georgia are writing their officials and saying that they do not support the release of this individual, regardless of what the people of New York, California, Minnesota, or any other individuals outside of the state of Georgia have to say?

 

The great silent majority?

 

Maybe it's just a bunch of people who are doing what they're told rather than doing what's right... I think thats the more likely cause, rather than a vast left wing conspiracy.

 

TFS

[CraigD]

Could it be that quietly, many people from the state of Georgia are writing their officials and saying that they do not support the release of this individual, regardless of what the people of New York, California, Minnesota, or any other individuals outside of the state of Georgia have to say?

This could be occurring. It is Cedar’s speculation. However, unless someone can present evidence that this is actually occuring – for example, a statement by a legislator that his office has received a significant amount of such communication from his constituency – unsupported speculation is all that it is.

 

Wilson’s character, as depicted by both his prosecutors and defenders, is basically what one would call “good” – an honors (3.2 GPA) student without a juvenile criminal record. Most recent polls (Eg: CNN.com - Lou Dobbs Tonight) indicate that, nationally, more than 90% of interested internet users believe that Wilson should be released from prison (sample size > 6400). I would be surprised if this result did not represent the opinions of Georgia or Douglasville, GA, residents (that they are at least a 67% pro-Wilson) – while public opinion trends differ from place to place in the US, such extreme variance in a population as large as a state is unusual and statistically unlikely, despite the poorly controlled sampling methods of internet polls.

 

Attempting to find poll results from a more “right wing” news source, I searched the polls section of Fox News, and was surprised to find no recent poll related to the Wilson case. The first-listed article in a search of the Fox News website was, in my judgement, pro Wilson.

[Cedars]

 

So if “the situation” to which Cedars refers is Wilson’s incarceration, the statement appears correct. If it refers to the criminality of the act of which he has convicted, the statement appears incorrect.

 

The situation referred to is the current incarceration and the Georgia legislature choosing not to reverse this condition.

[Cedars]

So Cedars, were your statements specific to this case only in regards to age and responisbility?

If that is the case, I agree with you, all were treated equally.

If it is a more general issue, then I think the treatment of minors as adults for crimes committed leaves a lot to be desired as it is arbitrary to a very large extent.

Bill, I agree, criminal cases are much more significant and the issue should be taken on a case by case basis. In a perfect world with unlimited time and resources, I would propose we do the same with all the other issues (drinking, driving, voting, etc).

 

Z, without having other examples to compare too, I cant say I would/would not say the same thing. I dont have a problem with a state setting a boundry on what kids can and cant do with their peers and younger aged persons. Following the rules, taking responsiblity for your actions, etc are a fundamental part of growing up.

 

Personally, being the parent of a girl child, I cant help but support the idea that 17 year old boys shouldnt be getting blow jobs from my 15 year old. Keep your hands, or any other body parts off my kid..... :friday:

[Cedars]

This could be occurring. It is Cedar’s speculation. However, unless someone can present evidence that this is actually occuring – for example, a statement by a legislator that his office has received a significant amount of such communication from his constituency – unsupported speculation is all that it is.

 

 

I posed it as a question. I made no claim of it being fact.

[Cedars]

The great silent majority?

 

Maybe it's just a bunch of people who are doing what they're told rather than doing what's right... I think thats the more likely cause, rather than a vast left wing conspiracy.

 

TFS

 

Doesnt have to be a majority. Doesnt even have to be a left/right ring conspiracy. Just enough parents/grandparents of girl children to swing an election.

[CraigD]

Doesnt have to be a majority. Doesnt even have to be a left/right ring conspiracy. Just enough parents/grandparents of girl children to swing an election.

On the other hand, it stands to reason that the parents/grandparents of boy children will favor laws – and legislators – who do not sentence their minor boys to lengthy prison terms for sex acts with minor girls.

 

There have been two full legislative sessions that have come and gone without the Georgia legislature taking action to reverse this situation.

Although it appears that the Georgia legislature had taken no action that would result in the release of Wilson when this thread was created, according to this 1/24/2007 ESPN magazine website article:

The legislature still could pass a new law that would secure Wilson's freedom, so [Genarlow Wilson’s attorney B.J.] Bernstein is pushing hard for that. One such bipartisan bill was introduced this week, pushed by state Sens. Emanuel Jones, Dan Weber and Kasim Reed. This is Wilson's best shot.

In addition to the widespread public sympathy for Wilson indicated by the roughly 90% favorable polls mentioned upthread, he appears to have growing support among Georgia legislators and jurists.

 

Given the circumstances of this case, one wonders why Wilson, Bernstein, and other supporter have not pursued executive clemency (a pardon by governor Sonny Perdue), as permitted by Georgia law. If 90% of voter approve of it, would not a politician such as Perdue be inclined to pardon Wilson?

[freeztar]

I think it's sad.

Sad that we have to think about this stuff, and sad that so many rape/violent crimes go virtually unnoticed with much less severe penalties.

 

This trial was/is about precedence.

Religion, predjudice, and empathy factor heavily into it all...

 

The scale tilts back and forth while Justice watches blindly.

[freeztar]

Given the circumstances of this case, one wonders why Wilson, Bernstein, and other supporter have not pursued executive clemency (a pardon by governor Sonny Perdue), as permitted by Georgia law. If 90% of voter approve of it, would not a politician such as Perdue be inclined to pardon Wilson?

 

:friday:

Pardon me, what did you say?

 

But really, Perdue has to keep his eggs intact so to speak (:evil:). This issue is national and every step they choose might reflect Georgia one way or the other in national opinion. I'm pretty certain he has a lot of pressure right now and a lot of moral tides. As far as a pardon early on, well, it's kinda silly to pardon before the court has run its course. <cough, cough, Libby>

[Zythryn]

Personally, being the parent of a girl child, I cant help but support the idea that 17 year old boys shouldnt be getting blow jobs from my 15 year old. Keep your hands, or any other body parts off my kid..... :friday:

 

Quite understandable:)

Turn it around. If your girl child were 17 and received oral sex from a 15 year old boy, who would you want incarcerated?

 

edit: if this strikes too close to home please feel free to not respond, just pm me and I will remove this question.

[Cedars]

On the other hand, it stands to reason that the parents/grandparents of boy children will favor laws – and legislators – who do not sentence their minor boys to lengthy prison terms for sex acts with minor girls.

I would disagree with this. I would guess most parents would be deeply ashamed regarding the behaviors that occured that night in that hotel room with these young people.

 

And there is a big difference between trying to protect your girl child from this kind of situation and trying to justify the behavior of this incident. Nothing like lowering the ethical bar to meet the expectations of the few who dont feel they should be bound by any rules at all.

 

Although it appears that the Georgia legislature had taken no action that would result in the release of Wilson when this thread was created, according to this 1/24/2007 ESPN magazine website article:In addition to the widespread public sympathy for Wilson indicated by the roughly 90% favorable polls mentioned upthread, he appears to have growing support among Georgia legislators and jurists.

Several Georgia lawmakers on both sides of the aisle have tried to change that. Sens. Emanuel Jones, a Democrat, and Dan Weber, a Republican, were among the sponsors of Senate Bill 37, which would give courts the power to amend sentences such as Wilson's.

 

On March 28, the Senate failed to vote on the bill that would allow a judge to change Wilson's sentence, essentially killing it for the legislative session and ensuring it wouldn't be heard until 2008.

 

I would describe this as doing nothing.

[blue69]

Cedars,

Nice to see you jump back in.

 

Seems like there has been some positive movement in this case since our last conversations.

 

The bottom-line in this case is that there was an overzealous prosecutor who was intent on putting these boys in jail. He believed (and still does) that they raped the 17 year old girl. That is why he wanted to make sure they did jail time. He knew that rape cases can be iffy, especially when the 17 year old's friends weren't supporting her. The other girl’s testimonies didn't help the case at all. The prosecutor (McDade) used this little known charge to pressure the boys to take plea deals. Genarlow refused believing himself to not be guilty.

 

The 15 year old girl in the case has never cooperated with the police. Her mother has also been involved and believes her daughter had much to do with this as the boys. They have both supported Genarlow's attempts to be freed. The victim here doesn't feel like a criminal victim. Hmmm.

 

People may not agree with the moral conduct of these young men and women. They (like A LOT) of teenagers have obviously made a poor decision.

 

So this prosecutor was proven wrong in court of a rape charge. But he uses his belief in this as to his stubbornness to deal with Genarlow on what should have never been more than a misdemeanor. It is interesting that although they (the prosecutors) acknowledge the sentence is too stiff they refuse to step in and correct it. The assistant DA (Barker) has been quoted "We didn't want him to get the 10 years." They offered Wilson a plea deal for 5 years and life time registration as sex offender. Barker thinks five years is fair for receiving oral sex from a schoolmate. Seriously? He thinks this? WOW! "We can set aside his sentence," Barker says. "Legally, it's still possible for us to set aside his sentence and give him a new sentence to a lesser charge. But it's up to us. He has no control over it."

 

These prosecutors are completely overzealous. They lost their case for rape but because they still believe in that charge or because of pride, they will use any other means to punish Genarlow. These men probably truly believe they are serving justice. That is what is scary.

 

Now the General Attorney (Ed Baker) has stepped in with another appeal. This time the prosecution is appealing. Unbelievable. The AG even stated that it's not his job to interpret laws only follow them as they are written. Prosecutorial Discretion? Hmmm. Only when it pleases them.

 

Even though he has spent 27 months in prison, a term they believe was to long, they are still going to make sure he serves that sentence. Of course they are now saying they are offering "Another" plea deal. And it will be Genarlow's fault if he doesn't accept that plea. WOW. These men are truly blind to justice.

 

Fortunately the Superior Court Judge in Genarlow Wilson's appeal put it best, “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.”

 

Here is hoping the judicial system will prevail!!!!!

 

Blue

[Zythryn]

Just to clarify my own position based on what I have heard of this case.

I believe the punishment doesn't fit the crime. I don't believe any of the individuals at that party are saints and I do think all of them should face punishment. And yes, I think the maturity of the accused and the victim should be taken into account when deciding who should have known better.

If a rape did occur, the offenders should be tried for that rape. Not some substitute crime which the prosecutors feel is easier to get a guilty decision on.