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The Atlanta Journal-Constitution
Georgia Court Frees
Man in Teen Sex Case
By DANIEL YEE, AP
from ajc.com on the Web, October 27, 2007
FORSYTH, Ga. — During more
than two years in state prison, Genarlow Wilson was confident that he would find
justice and be set free. On Friday, the hopes of the young man who had
been sentenced to 10 years in prison for having consensual oral sex with another
teenager finally became reality: The state's highest court ruled that his
sentence amounted to cruel and unusual punishment.
"I'd seen it coming," Wilson said of his release. "But I didn't exactly
know when.
Wilson, with his hands in his pockets, wore dark blue dress pants as he left
prison. His attorney, B.J. Bernstein, said she had carried them around in
the trunk of her SUV for months hoping for his release.
He shared big smiles with his mother, Juannessa Bennett, his 9-year-old sister
Jaiya and Bernstein.
Wilson said he first heard about the court's decision from another inmate who
said he'd heard it on the radio. But Wilson said he didn't want to believe
it until he heard the decision himself.
His case led to widespread protests of heavy handed justice. His
supporters said race was one reason he received such a severe sentence, noting
that he and the girl — both black — were only two years apart.
He said he also wants to help other teens, offering this initial advice:
"They should be very hesitant before they join certain crowds and make certain
decisions."
In its 4-3 decision, the Georgia Supreme Court noted that state lawmakers later
scrapped the law that required a minimum 10-year prison term.
That change, the court said, represented "a seismic shift in the legislature's
view of the gravity of oral sex between two willing teenage participants."
The justices also said Wilson's sentence made "no measurable contribution to
acceptable goals of punishment," and his crime did not rise to the "level of
adults who prey on children."
After he was imprisoned, Wilson became the subject of prominent editorials and
national news broadcasts. His sentence was denounced even by members of
the jury that convicted him and the author of the 1995 law that put him in
prison.
Supporters including former President Jimmy Carter said the case raised
troubling questions about race and the justice system. Wilson and the girl
are both black.
Wilson was convicted of aggravated child molestation following a 2003 New Year's
Eve party in a hotel room where he was videotaped having oral sex with a
15-year-old girl.
Wilson, who was 17 at the time, was acquitted of raping another 17-year-old girl
at the party. The man who prosecuted Wilson, Douglas County District
Attorney David McDade, said he disagreed with the decision, but he respects the
court "as the final arbiter."
Wilson's supporters were jubilant.
"I never gave up hope in our judicial system, and I never gave up hope in all
the prayers people sent out for us," said Wilson's mother, Juannessa Bennett.
Rep. John Lewis, an Atlanta Democrat, said: "Each day that this young man
spent in prison was a day too long."
The 1995 law Wilson violated was changed in 2006 to make oral sex between teens
close in age a misdemeanor, similar to the law regarding teen sexual
intercourse. But the state Supreme Court later upheld a lower-court ruling
that said the 2006 law could not be applied retroactively.
The high court had turned down Wilson's appeal of his conviction and sentence,
but the justices agreed to hear the state's appeal of a judge's decision to
reduce Wilson's sentence to 12 months and free him. That judge had called
the 10-year sentence a "grave miscarriage of justice."
Wilson said he plans to return to school and sports and possibly study
sociology. For now, he was looking forward to spending time with
relatives.
"I feel I've been away from them long enough," he said. "At times, we've
dealt with adversity. Now my family, we finally get to deal with
happiness."
Associated Press writers Dorie Turner in Atlanta and Ben Evans
in Washington contributed to this story.
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