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mwynn05
06-11-2007, 01:32 PM
Former recruit's 10-year prison sentence voided
Thompson

By Wright Thompson
ESPN.com
(Archive)

Updated: June 11, 2007, 2:09 PM ET

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The 10-year prison sentence of former Atlanta-area high school athlete and honor student Genarlow Wilson, who was the subject of an ESPN.com E-Ticket in January, was voided on Monday by a Georgia judge. Wilson's attorney, B.J. Bernstein, told ESPN.com that she is attempting to have him released as soon as possible, which would put an end to a long legal battle.

"Everyone had told us this is impossible," Bernstein said, "but Genarlow never believed that. Justice is never impossible."

The state appealed Monday's ruling, and it is possible that Wilson, 21, could remain behind bars pending the result of that appeal. He has already served 27 months of a 10-year felony sentence for receiving oral sex from a 15-year-old girl when he was 17. Because of an archaic Georgia law on the books at the time of his trial, he could have been charged only with a misdemeanor if he and the girl had engaged in sexual intercourse. Subsequently, that law was changed; but Wilson remained in jail, which led to editorials in The New York Times and a letter from former president Jimmy Carter protesting the injustice of Wilson's original sentence.

Genarlow Wilson

Tracy Smith for ESPN.com

Genarlow Wilson's time as a prisoner at the Burruss Correctional Training Center might finally be coming to an end.
Wilson's legal troubles began when he and a group of friends were charged with aggravated child molestation and rape following an alcohol- and marijuana-fueled New Year's Eve party. The jury, which repeatedly was shown a videotape the boys had made of the party, determined that no rape had occurred. But since Wilson admitted to receiving oral sex from someone under the age of 16, the charge was aggravated child molestation. The jury, under the existing law, was forced to convict him.

He went to jail in February 2005 and started his attempt to regain his freedom almost immediately.

His lawyers succeeded in having the law that put him in jail changed, but the Georgia state legislature declined to make that law retroactive. So the legal team tried again, working to have a new law passed, an effort that ultimately failed. That left Wilson's lawyers with a final Hail Mary: They filed a writ of habeas corpus and asked a judge to void the sentence. On Monday, that happened.

The Superior Court of Monroe County in the State of Georgia reduced the charge to misdemeanor aggravated child molestation and ordered that Wilson's name not be placed on the sex-offender registry. Wilson was resentenced to 12 months and given credit for time served.

The finding of fact and conclusions of law in the order stated that "the fact that Genarlow Wilson has spent two years in prison for what is now classified as a misdemeanor, and without assistance from this Court, will spend eight more years in prison, is a grave miscarriage of justice. If any case fits into the definitive limits of a miscarriage of justice, surely this case does."

Wright Thompson is a senior writer for ESPN.com and ESPN The Magazine. He can be reached at wrightespn@gmail.com.

http://sports.espn.go.com/espn/news/story?id=2900569

pirate4state
06-11-2007, 01:36 PM
When will he be released?

mwynn05
06-11-2007, 01:38 PM
Originally posted by pirate4state
When will he be released? Should bee soon since he as 27 months served on a 12 month sentence with time served awarded

pirate4state
06-11-2007, 01:41 PM
I hate that once things like this get reversed it can't be an immediate release! :confused: I mean, let the man out of prison already and get his paperwork/red tape crap straightened out on your own time. Right?

Txbroadcaster
06-11-2007, 01:41 PM
The DA is appealing which could get him in jail longer

pirate4state
06-11-2007, 01:45 PM
Originally posted by Txbroadcaster
The DA is appealing which could get him in jail longer WTH!!!!!!!!! :foul: :foul: I mean, really - WTH??? Was it ever determined whether or not this girl was a willing participant?? UGH!

mwynn05
06-11-2007, 03:27 PM
Originally posted by pirate4state
WTH!!!!!!!!! :foul: :foul: I mean, really - WTH??? Was it ever determined whether or not this girl was a willing participant?? UGH! consent isnt an issue....he would have bene better off actually having sex with her by this law

Rabbit'93
06-11-2007, 03:33 PM
This whole case should be an embarrassment to the Georgia legal system. Let this kid go already.

Keith7
06-11-2007, 03:34 PM
here are links to the story of Genarlow Wilson by ESPN


Part 1 (http://www.youtube.com/watch?v=G1gnDzEy29M)
Part 2 (http://www.youtube.com/watch?v=UsWB-KMrK5s)

pirate4state
06-11-2007, 03:58 PM
Originally posted by mwynn05
consent isnt an issue....he would have bene better off actually having sex with her by this law that is just messed up wow

luvhoops34
06-11-2007, 04:13 PM
That's totally messed up:eek: :eek: :eek:

pirate4state
06-11-2007, 04:22 PM
Originally posted by luvhoops34
That's totally messed up:eek: :eek: :eek: so was your summation :eek: good grief! :doh:

Pmoney
06-11-2007, 05:47 PM
finally....let him go!