Open Thread

8 Comments

1. 

   BooMan on December 18, 2006 at 8:27 pm

   SUPREME COURT OF GEORGIA
   Case No. S06C1689
   Atlanta December 15, 2006
   The Honorable Supreme Court met pursuant to adjournment.
   The following order was passed:
   GENARLOW WILSON v. THE STATE
   Upon consideration of the Motion for Reconsideration filed in this case, it is
   ordered that it be hereby denied.
   All the Justices concur, except Sears, C. J., who dissents.
   **
   S06C1689. GENARLOW WILSON v. THE STATE.
   HUNSTEIN, Presiding Justice, concurring.
   Wilson was convicted of aggravated child molestation based upon an act of oral
   sodomy performed on him by victim T.C., which was documented on videotape and
   seems to show that the victim’s participation in the act was voluntary. Wilson was 17
   years old at the time of the act; the victim was 15 years old. Pursuant to the version of
   the aggravated child molestation statute then in effect, Wilson was sentenced to ten
   years imprisonment without possibility of parole. See former OCGA § 16-6-4 (d) (1).
   In 2006, the Legislature amended OCGA § 16-6-4 to provide, inter alia, that aggravated
   2
   child molestation involving an act of sodomy is only a misdemeanor when the victim
   is between 13 and 16 years of age and the convicted person is 18 years of age or younger
   and is no more than four years older than the victim. OCGA § 16-6-4 (d) (2). Although
   the situation in this case would fall within the ambit of the current statute, which became
   effective July 1, 2006, while Wilson’s appeal from the affirmance of his conviction by
   the Court of Appeals was pending before this Court, see Ga. L. 2006, p. 379, § 11/HB
   1059, the Legislature expressly chose not to allow the provisions of the new
   amendments to affect persons convicted under the previous version of the statute. See
   id. at § 30 (c). Accordingly, while I am very sympathetic to Wilson’s argument
   regarding the injustice of sentencing this promising young man with good grades and
   no criminal history to ten years in prison without parole and a lifetime registration as a
   sexual offender because he engaged in consensual oral sex with a 15-year-old victim
   only two years his junior, this Court is bound by the Legislature’s determination that
   young persons in Wilson’s situation are not entitled to the misdemeanor treatment now
   accorded to identical behavior under OCGA § 16-6-4 (d) (2).

2. 

   KNUCKLEHEAD on December 18, 2006 at 8:49 pm

   I actually had to go back & reread who had sentenced this young man to 10yrs. without. When I saw that it was the Georgia Supreme Court, I was freaked. In the meanwhile, this guy has no recourse but a pardon, right? Watch most of the political criminals get pardoned for crimes against humanity, while this guy rots for what I call a hell of a good time.
   BTW at what year in your twenties did you graduate high school? Haha

3. 

   Miss Devore on December 18, 2006 at 8:53 pm

   I mean was it  “caught on videotape” or did the participants videotape?

   Since I am currently not a teenager, I perhaps am unaware that videotaping of sex acts is the digital version of the hickey.

   If it is the latter, case do the participants think of it as some sort of bonding ritual, which in the event they split, can be used as blackmail?

   Sorry I am not speaking to the spirit of your comment regarding the injustice of imprisonment. But, yes, I believe it was last Christmas when I was at the home of my brother’s sister-in-law that she was passing around, what I assumed to be, naked pics of her bf recorded on her cell phone. And I thought it was rather odd and mebbe I was too old to understand these conversation pieces.

4. 

   Cali Scribe on December 18, 2006 at 9:18 pm

   Will he have to register as a “sex offender” upon release from prison?

   If so, his life is basically screwed…

   • 

     BooMan on December 18, 2006 at 9:49 pm

     I think so.  It’s in the article.

5. 

   soj on December 19, 2006 at 4:53 am

   Wait a second, you were giving 15 year old boys blowjobs when you were 17 Boo?

   Or did I read what you said wrong? 😉

   Pax

   • 

     soj on December 19, 2006 at 5:02 am

     Oops.. I see the family has their own website.

     I’m mighty curious as to why they charged him with the agg. child molestation.  Now I see why.  This case is a hell of a lot different than two teens innocently having some oral sex and the older one getting 10 years in the slammer.

     First of all, the defendant is black (as are the two victims).  He’s also the high school football star.  Second of all this was in the middle of a party where drugs and/or alcohol were being used.  Third, at least 5 young men admitted to having sex with a second woman at the party.  Fourth, the video tape showing the 15 year old girl (the second young woman) was a continuation of her blowing 4 other guys.

     This was one sick clusterf*ck from the get-go.  I’m not defending the 10 year sentence but quite clearly Genarlow had a chance to give it up and didnt and the videotape was a slam dunk.  I’d look at the composition of that jury in Douglasville if I were you.

     And last but not least, do we have to turn this place into Fox News lite?  Are we gonna discuss the missing rich white mountain climbers too?

     Pax

     • 

       soj on December 19, 2006 at 5:03 am

       BTW the full story is here.  Jesus what fodder…

       Pax