Courts Crime and Punishment

Judge Orders Genarlow Wilson Freed – UPDATED

IN SOME TRULY HEARTENING NEWS that (hopefully) ends a maddening and tragic two-year legal farce, today a Georgia judge voided Genarlow Wilson’s 10-year sentence, and converted the felony conviction to a misdemeanor conviction of “aggravated child molestation,” with a 12-month sentence. Since Wilson has already served over two years, that means he’s out. In addition, under the new ruling, he will not be required to register as a sex offender.

Genarlow’s mother and his attorney, B.J. Bernstein were standing by the law firm’s fax machine this morning waiting for the judge’s decision. The order from Judge Wilson came through around 11:45 am. Bernstein literally hopped up and down in happiness (and she’s not a tiny, lithe woman), while Genarlow’s mother, Juanessa Bennett, appeared first to be in shock, then came the tears, and finally an expression that was all joy, no bitterness.

“Why did I care so much about this case?” Bernstein said when she was asked about her extravagant reaction. “Because he’s all of our kids. If we prosecuted our kids for making these kinds of mistakes, our prisons would be full of them.”

Genarlow Wilson is likely to be released today within 48 hours.

Amazingly, the prosecutors are expected to appeal the decision. Let’s hope they aren’t that stupid.

UPDATE: They were that stupid. Georgia Attorney General Thurbert Baker’s office filed a notice to appeal the judge’s order this afternoon, saying that Monroe County Superior Court Judge Thomas Wilson has “absolutely no authority to change the judgment of the trial court, in this case the Superior Court of Douglas County.” The AJC has more.

[CLICK HERE FOR THE GENARLOW WILSON BACK STORY ]

And here are a few additional facts PLUS THE LIVE FEED OF THE MOM AND THE LAWYER GETTING THE ORDER OF RELEASE from CNN:

The Georgia Legislature has since altered the law to make such an act a misdemeanor punishable only by up to one year in prison, with no sex offender registration. But the change was not retroactive, which meant Wilson remained in jail.

The judge ruled Wilson could serve one year, less than he has already served, and that he would not be listed as a sex offender.

[defense attorney, B. J.] Bernstein, speaking to reporters, pleaded with prosecutors to give up their fight to keep the sentence against the young man and allow him to be freed immediately.

“This has been a really long 28 months,” Bernstein said tearfully. “It’s a very long fight. And right now we have an order of release. And I beg the attorney general of the state of Georgia: please, enough. Do not file an appeal, please. Because we have an order of release right now for a young man that I think most everybody in the community believes should not be in prison.”

She added, “Please, please, enough.”

Prosecutors had no immediate response.

The LA Times has also put up a good rundown on the back story

And here’s a good read on the original case from Atlanta Magazine.

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