A house divided — on Genarlow Wilson
October 26, 2007 at 3:24 pm by John F. Sugg in NewsWithin heartbeats of the Georgia Supreme Court’s 4-3 decision releasing Genarlow Wilson, the statements from officials began hitting the in-boxes.
Thurbert Baker, the state’s lackluster attorney general, quickly whipped out this CYA missive: “I have received and reviewed the decision by the Georgia Supreme Court in this matter, and I respectfully acknowledge the Court’s authority to grant the relief that they have crafted in this case. As the Supreme Court found, the habeas court’s order resentencing Mr. Wilson, however well-meaning, was unauthorized under Georgia law. It was for this reason that I appealed, in order to insure a fair and consistent application of the law not just to Mr. Wilson, but to others similarly situated. I hope the Court’s decision will also put an end to this issue as a matter of contention in the hearts and minds of concerned Georgians and others across the country who have taken such a strong interest in this case.”
Interpreted, that’s a big “Oh, shit!” The first bit of obfuscation basically says the Supreme Court has the authority to be the Supreme Court.
After a judge had ruled that Wilson’s 10-year sentence — recall that while undoubtedly behaving badly, this was a case of teen consensual sex — was cruel and unusual punishment. That ruling was self-evident, but Baker, a black Democrat who does little to protect Georgians but will do anything to appease the neo-Confederate Republicans, quickly appealed the ruling. Wilson spent more time in jail.
The next news release came from Senate President Pro Tempore Eric Johnson, one of those aforementioned Republican neo-Confederates who long for the days of white sheets and all-white juries.
Johnson wrote: “The Supreme Court has opened the door for the release of hundreds of sexual predators. But equally disturbing is the fact that this activist court is once again clearly defying legislative intent.”
The Supreme Court did not do that, of course. Johnson is just pulling your leg, or as some would call it, fibbing. The author of the law under which Wilson was convicted, former state Rep. Matt Towery, three months ago said the intent of the law would have made the youth’s offense a misdemeanor punishable by no more than a year in jail. Wilson has already served almost three years. The issue involves two teens having sex, when one is younger than 16 and the other is less than two years older than the younger teen. The Legislature a year after the original law was passed changed it — making acts such as Wilson’s a misdemeanor.
Clearly, Johnson is blowing smoke when he talks about “defying legislative intent.” He’s the one running afoul of what his colleagues intended and then underscored their intent by tweaking the law. But this is all about winning votes from unreconstructed Georgians. Moreover, the court’s ruling does nothing to change the law as enacted and subsequently modified by the Legislature.
Finally, we got a release from one of Wilson’s ardent defenders, Democratic Sen. Emmanuel Jones. Aside from some predictable hyperbole invoking MLK’s blessing, Jones summed up what really happened. He wrote: “Genarlow Wilson’s sentence was harsh and unfair. When the Child Protection Act was passed in 1995, it was to protect children from sexual predators. While I don’t condone what Genarlow and his friends did on that New Year’s Eve night, the law was not aimed at consensual sex acts between teenaged kids.
He has spent nearly three years sitting in a jail cell, when he should have spent them sitting in a classroom getting a good education.”
October 27th, 2007 at 9:27 am
John, I wish that rather than calling names and making outrageous leaps from anti-judicial activism to racism, you would simply acknowledge that there is another side – and it has NOTHING to do with Genarlow Wilson. 3 Justices agreed with me, including an African-American.
I am probably the only legislator who has had a cross burned in their yard. You don’t have a clue. You are not a journalist. Making wild and unsubstantiated charges is not journalism. I am proud of my work. Are you?
October 27th, 2007 at 9:43 am
Here are the facts: There were two girls involved. One charged the guys with rape. (Yes, they were acquitted.) Several plead guilty, including “false imprisonment” of the 17 year old. The minor girl appeared to provide oral sex consensually, but is 6 upperclassmen in a room with 1 young girl intimidating? Did she feel like she had a choice?
Genarlow Wilson is free. I am glad. But he remains a convicted felon for aggravated child molestation. His life has changed. So has the lives of the two girls. It is a sad, sad story.
Last year, the legislature decided that a mandatory 10 year sentence was too harsh and changed it. I voted for it. But we specifically declined to make it retroactive.
The Georgia Supreme Court – by a 1 vote margin – overturned clear legislative intent. They cited shifting community standards. Is the death penalty next to go? This is not their job. And, while you clearly agree with their decision, it is a dangerous precendent. You would be screaming bloody murder if a “conservative” court overturned a “liberal” law because they put their personal preference above those who write the laws.
At least acknowledge that somebody can disagree with this decision without being a racist. Please. Is Jim Wooten? Is Justice Harold Melton?
October 28th, 2007 at 7:29 pm
Well, Eric, a lot of what Wooten writes is tinged with the same neo-Confederate bias as you exhibit. The author of the bill, Matt Towery, A REPUBLICAN, said his intent was never to exact such a harsh penalty for teens. As has been reported in many publications, the fact that the bill that was passed containing such a penalty has been described as a “mistake” and an “oversight.” Only the most cruel legislature would have corrected that mistake and not made it retroactive. But this was just a black kid — and Republicans are never at a loss to crank up the old racist imagery of black men engaging in wanton sex. I’d bet you and Wooten would have been mute if this was a son of a prominent family from Buckhead.
The courts have always had the power and responsibility to set aside grossly unfair and unjust penalties. By your way of thinking, judges would have “activist” for overturning Jim Crow laws. And you’d have protested them, I’m sure.
Consider your rhetoric: “The Supreme Court has opened the door for the release of hundreds of sexual predators.” Oh, who else does this ruling impact? Can you cite the cases? As far as I can tell, it’s a universe of one. If other teens are in jail for such unjust periods of time, I haven’t read of them I don’t think they exist, but if they do, and if the circumstances are similar to Wilson’s (consensual), they too should be released. The appropriate penalty — what the legislature passed to correct its error — is on the books.
Throwing out statements like that, unless you can back it up, is irresponsible and nothing but demagoguery.
October 29th, 2007 at 6:29 am
I’ll name one – remember the “gang rape” of the mentally retarded girl in Cobb County a few years back. Several of those boys can now appeal since they fall into the 3 year window and the girl “consented”. And I believe the case that the Supremes upheld last year similar to GW involved a white boy. Go figure. Where was YOUR outrage? I’m outta here….
October 29th, 2007 at 10:36 am
(Assuming the above posts are actually from Senator Johnson…) I’d like to know something: When you were showing off that tape in support of the “legislative intent” you’ve mentioned, were you showing the full tape, parts of the tape, or an edited tape?
October 29th, 2007 at 12:48 pm
If the girl was retarded, she wouldn’t have the capacity to give consent. And I’m still waiting for any evidence that “hundreds” of sexual predators will be released by the Supreme Court’s ruling. That’s an inflammatory exaggeration, unworthy of anyone hold high office. But it’s also in character.
Oh, I forgot to mention that since you claim three justices on you side, I claim four. That’s a winning hand for me.
October 29th, 2007 at 1:01 pm
Neo-Confederate? Now were going to get all confused when someone is called a neo-con. Maybe Neo-Con for new Conservatives and Neo-Conf for new Confedrate. Perhaps, neo-Conifer for those who belive that pine trees are a good thing.
October 29th, 2007 at 1:03 pm
“That’s an inflammatory exaggeration” — Yeah, Johnson you amateur, leave that to the professional journalists and commentors on CreativeLoafing.com hahaha
Let me show you how a professional journalist does it…..
“a black Democrat who does little to protect Georgians but will do anything to appease the neo-Confederate Republicans” Anything, John? Really? Kill his own child? Licking Cartman’s balls? You said anything.
“Republican neo-Confederates who long for the days of white sheets and all-white juries” – because any Republican who doesn’t agree with Sugg and the CL staff has to be a closet racist wishing to put Blacks back in their “place” and there can’t be any Democrats who would wear the robe and hood (unless they are the Senior Democrat from West Virginia hahah).
October 29th, 2007 at 7:04 pm
Dale, there isn’t a whole lot of ‘closet’ about this one, although I think the most recent appeal was more about defending the plantation system than anything else.
October 30th, 2007 at 9:16 am
‘Closet’ would mean they cloak their true intentions in other language, the famous “code” language we hear.
I have no doubt there are bigots and racists in our government
November 3rd, 2007 at 10:31 am
No one is exempt from the law and the law does not discriminate based on age. Yet, young people are often misguided into believing that they can get by without getting caught. In fact, recent studies, concerning the ethical attitudes of youth, indicates that the majority of young people would make unethical choices if they felt they could “get ahead†as a result. Success at all costs seems to be a common theme.
As former inmate from Federal prison, today I share with business executives and young people that simple message: Every choice has a consequence.
I am pleased beyond belief that Genarlow is now getting the taste of freedom again. Genarlow’s plight, has helped other young people evaluate the power of their seemingly simple choices. As the founder of the Choices Foundation, perhaps Genarlow would consider stepping up and helping others understand the power of choice.
After all…Every Choice has a Consequence.