Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

EQUAL TIME: It's Wilson's fault he's in jail
Atlanta Journal-Constitution ^ | 06/15/07 | Ken Wynne

Posted on 06/15/2007 10:04:12 AM PDT by madprof98

AG, DA have no choice but to uphold law

Genarlow Wilson holds the keys to his jail cell door. He is the one responsible for his present incarceration, but because of regular press appearances by his attorney, two good men have been vilified for Wilson's current predicament. Attorney General Thurbert Baker and Douglas County District Attorney David McDade are simply honoring their oaths of office and upholding the law; yet the perception is that they are somehow responsible for Wilson's confinement in prison. The truth is Wilson alone is responsible for his incarceration.

Wilson and five other teenagers rented a motel room to have a party. The next morning, one of the party participants, a 17-year-old female, informed her mother that she had been raped. Police were notified and searched the hotel room, finding a videotape and video camera. The tape showed Wilson having sex with that girl in addition to receiving oral sex from a 15-year-old girl. Because the girl was under the age of 16, the videotaped evidence leaves no doubt that Wilson committed aggravated child molestation. According to Georgia law at that time, this offense was punishable by a mandatory minimum of 10 years in prison with no parole.

Wilson's five co-defendants entered guilty pleas for participating in the videotaped, profanity-laced, drunken orgy involving the 15-year-old girl. Despite being older than the girl, despite the law that protects kids from their own poor judgment, these men all played a role in having sex with a minor. Because these five accepted responsibility, they were allowed to enter guilty pleas to reduced charges, and the case was submitted to the trial judge for sentencing.

After reviewing the videotape of the defendants' acts and taking all the evidence into account, the judge sentenced them to five years in prison with the possibility of parole followed by 10 years on probation. Wilson was offered the same treatment from the very beginning, and he refused. Wilson refused to accept responsibility for his part in this crime.

Knowing the high stakes if convicted of the offense charged (a minimum of 10 years in prison with no parole), Wilson decided to test the evidence in front of a jury of his peers. Wilson was convicted of aggravated child molestation. His conviction was affirmed by the Georgia Court of Appeals. The Georgia Supreme Court refused to review the case.

Wilson rolled the dice and lost, and somehow, in the eyes of some, that's the fault of the attorney general and the district attorney.

Even now, with a conviction in hand, the district attorney has offered Wilson the opportunity to plead guilty to reduced charges and receive the same sentence all five of his co-defendants accepted —- no more, no less. For some reason, Wilson has refused. Why? Only Wilson and his advisers know.

In the hysteria surrounding this case, important facts and principles are buried or overlooked by the media. Like it or not, Wilson committed aggravated child molestation. That fact is downplayed in the media because there seems to be some notion that "all kids do it." Well, not all kids do it; and to assassinate the character of an entire generation is just wrong.

We now live in a society in which individual accountability is no longer valued, and blame is shifted to anyone but the person responsible for the offense. Whether individuals agree with the law or not, it is the law.

While some might argue that the law under which Wilson was convicted has since been changed, the law changed after Wilson committed the offense and was convicted. It is the law in effect at the time the crime is committed that governs.

Others have emphasized that this was a "consensual" act by the victim. As a society, however, we have determined by law that children under 16 years of age lack the maturity to legally consent to sexual acts.

The law protects children from the harm that can result from permanent life decisions they might make without the benefit of wisdom gained through life experiences —- decisions they will later regret.

Under the law, the judge in Monroe County had no authority to impose a lesser conviction and sentence in this case. Though I am sure he meant well, he overstepped his bounds.

Attorney General Baker and District Attorney McDade are right to uphold the law when others are not willing to do so, but they are paying a price. Their ethics and sense of justice have not only been questioned by the media and others not informed of all the facts, but their reputations have been attacked.

The fact is Baker's sworn duty requires him to appeal the court's ruling. The day that the attorney general or any district attorney of this state fails to do his or her duty because of public opinion should be the day he or she resigns. The attorney general should be commended, not maligned, for doing his duty.

In our constitutional republic, we elect representatives to speak for us in our legislative assemblies. We all enjoy the right to question the wisdom of any law, and we should do so. When we disagree with the law, we work through the legislative process to change it.

To allow a single judge to rewrite that law just because he doesn't like the result, however, is an unconstitutional shifting of legislative power from the citizens of Georgia to one person. I don't believe that was the judge's intention in this case, and I'm sure his motives were pure. The end result, however, is the same.

John Adams said the government of the United States is "a government of laws, not of men." That means we have all agreed to conduct ourselves according to the law as it is written, not according to how we think it should be written. We are all bound by the law —- judges, prosecutors, defense lawyers, the president, every member of society.

The day we begin to make exceptions for one person is the day we become a nation of men, not of laws. Thanks to an agenda-driven media frenzy, that day may not be far off.

> Ken Wynne, district attorney of the Alcovy Judicial Circuit (Newton and Walton counties) is president-elect of the District Attorneys Association of Georgia.


TOPICS: Crime/Corruption; US: Georgia
KEYWORDS:
Navigation: use the links below to view more comments.
first 1-2021-4041-50 next last
Last night, the local civil-rights establishment held a rally at the Georgia Capitol to demand Genarlow Wilson's release from prison. They are putting intense pressure on everyone in the case, including the mother of one of the girls involved in the original incident. The Georgia AG says that if Wilson is freed, hundreds of others in prison for sex offenses involving minors may also demand release. I think that outcome would be just fine with the newspapers and the rabble-rousers, and I suppose the public will just grin and bear it again.
1 posted on 06/15/2007 10:04:15 AM PDT by madprof98
[ Post Reply | Private Reply | View Replies]

To: madprof98

Nonsense, the law that incarcerated this kid has been changed-a Romeo and Juliet clause has been added. The conviction was for consensual sex involving teen-agers. If Wilson committed the crime today, it would be a misdemenor-this is a complete travesty. The kid should not be in jail. If there are any others in there for the same thing, they should be released as well (teenagers having consensual sex).


2 posted on 06/15/2007 10:09:43 AM PDT by nyconse
[ Post Reply | Private Reply | To 1 | View Replies]

To: madprof98

There are many here that will go picket right along with them too. They somehow think that this entire case was about his BJ, but it was much more than that.


3 posted on 06/15/2007 10:10:39 AM PDT by Abathar (Proudly catching hell for posting without reading the article since 2004)
[ Post Reply | Private Reply | To 1 | View Replies]

To: madprof98

As stated, Genarlow Wilson threw the dice and lost. C’est la vie.


4 posted on 06/15/2007 10:13:34 AM PDT by thegreatbeast (The evil which you fear becomes a certainty by what you do.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nyconse

Don’t do the girl^H^H^H^Hcrime, if you can’t do the time.

}:-)4


5 posted on 06/15/2007 10:16:22 AM PDT by Moose4 (Effing the ineffable since 1966.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: nyconse

Since the age of consent in Georgia is 16, a 15 year old cannot legally consent. It’s that simple.

Whether the little skank says she wanted to have sex or not, it doesn’t matter. Ergo, Wilson and his friends are scumbags who deserve everything they got.


6 posted on 06/15/2007 10:17:44 AM PDT by Lance Romance
[ Post Reply | Private Reply | To 2 | View Replies]

To: madprof98

‘Wilson rolled the dice and lost, and somehow, in the eyes of some, that’s the fault of the attorney general and the district attorney. ‘

No worries Mr Wilson, as Charlie Manson famously remarked ‘there’s sex in prison’....

See you in five years, maybe.


7 posted on 06/15/2007 10:20:07 AM PDT by Badeye (You know its a kook site when they ban the word 'kook')
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lance Romance

Oh please, I am telling you that the law has been changed. The girl initiated sex. It is too stupid for words to put this kid in jail for consensual sex. It makes Georgia (I am a Georgian) look both racist and stupid.


8 posted on 06/15/2007 10:26:11 AM PDT by nyconse
[ Post Reply | Private Reply | To 6 | View Replies]

To: Badeye

He’s going to get out one way or the other-Baker is under siege. The sentence was unjust...and should be overturned.


9 posted on 06/15/2007 10:27:51 AM PDT by nyconse
[ Post Reply | Private Reply | To 7 | View Replies]

To: nyconse

Hmmm. Even with videotape?

Wow.


10 posted on 06/15/2007 10:32:50 AM PDT by Badeye (You know its a kook site when they ban the word 'kook')
[ Post Reply | Private Reply | To 9 | View Replies]

To: nyconse
“... (teenagers having consensual sex).”

The law in Georgia and most other states draws a bright line - called the age of consent - between “teenagers” who are under 16 years old and those who are 16 or older in regards to sexual activity. How young would the girl have to be for you to agree that her “consent” was questionable? 14? 12? 10?

When I was a teenager (OK; that was a few decades ago), we had one word for promiscuous 15 year old girls: jailbait.

11 posted on 06/15/2007 10:33:36 AM PDT by riverdawg
[ Post Reply | Private Reply | To 2 | View Replies]

To: madprof98
It's Wilson's fault he's in jail

Well having sex with a volleyball is kind of kinky come to think of it.

12 posted on 06/15/2007 10:35:27 AM PDT by dfwgator (The University of Florida - Still Championship U)
[ Post Reply | Private Reply | To 1 | View Replies]

To: riverdawg

The boy was 17. This law was never intended to send a 17 year old boy to jail for having consensual sex with a 15 year old girl. Also, why are there no consequences for this girl. I heard she is in the navy by the way. The law was changed because of this case-the legislator should have made it retroactive. My daughter is 15. She has not dated or had a real boyfriend (thank God). However, I have to tell you many of the kids that age are having sex...plenty of 15 year old girls are consenting to have sex with their boyfriends or sadly one night stand types. You will have to build more jails if you intend to jail teenager who have sex. This is a miscarriage of justice. This is not an adult having sex with a child. It’s two teens-one 15 and one 17. It’s wrong. This kid should not be in jail period.


13 posted on 06/15/2007 10:41:15 AM PDT by nyconse
[ Post Reply | Private Reply | To 11 | View Replies]

To: Badeye

You should see some of the videotapes on myspace. Kids are taping things that no sane person would.I check out this website and have installed a monitoring device on my computer so I know what my kids are up to. I don’t see what the videotape has to do with this-still two teens having sex with videotape. If my daughter did this, I would be disapointed, furious etc; however, it’s not rape.


14 posted on 06/15/2007 10:45:26 AM PDT by nyconse
[ Post Reply | Private Reply | To 10 | View Replies]

To: nyconse

Its things like this that cause me to be thankful my wife and I have three dogs.


15 posted on 06/15/2007 10:47:36 AM PDT by Badeye (You know its a kook site when they ban the word 'kook')
[ Post Reply | Private Reply | To 14 | View Replies]

To: madprof98

Would we be anywhere near this interested in these people if the crime didn’t involve sex?

What if they were all in there smoking tobacco or pot?


16 posted on 06/15/2007 10:47:36 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lance Romance

And if they raised or lowered the law tomorrow, would your reaction go up or down with the law?


17 posted on 06/15/2007 10:50:31 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Badeye

Tell me about it...dogs love you no matter what...Also, they listen most of the time! I have raised one teen and have two more at home. Also, I have a 10 year old.


18 posted on 06/15/2007 10:51:50 AM PDT by nyconse
[ Post Reply | Private Reply | To 15 | View Replies]

To: Badeye

Artificial insemination? (Ducking...)


19 posted on 06/15/2007 10:52:09 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: nyconse

They never ask for a cell phone, the car keys, money, or unrestricted internet access...and they never demand we stay out of any room in the house ‘just because’....(chuckle)

That said, I have a 14 week old yellow retriever thats still having trouble ‘listening’ but thats to be expected.


20 posted on 06/15/2007 10:53:29 AM PDT by Badeye (You know its a kook site when they ban the word 'kook')
[ Post Reply | Private Reply | To 18 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-50 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson