As of late yesterday afternoon, the fate of 21-year-old Genarlow Wilson was again thrown into a sad and infuriating legal limbo.
The Atlanta Journal-Constitution writes:
“Genarlow Wilson’s attorney bought him an outfit from Ralph Lauren to wear the day Wilson walks out of prison. But for now, that outfit will stay in a box.
“As will Wilson. On Monday, a Monroe County judge ordered Wilson’s release, ruling that a mandatory 10-year prison sentence was a cruel and unusual punishment for consensual oral sex between teenagers. The announcement was greeted by tears and joy from Wilson’s mother and attorney, and from thousands of supporters around the country outraged by such a clear case of injustice.
But that jubilation proved short-lived. Within an hour of the judge’s decision, word came that Georgia Attorney General Thurbert Baker would appeal the judge’s ruling to the state Supreme Court. It’s unclear now whether Wilson will be freed during the appeal process…..”
Over at one of my favorite law blogs, Doug Bashman’s Sentencing, Law and Policy, commenters speculated that the Georgia AG Baker was appealing because the judge’s use of the 8th Amendment (cruel and unusual) was weak grounds on which to hang the sentencing reversal.
But, this is a lint-picking, short-sighted form of logic. As another of Bashman’s commenter’s noted, there is no binding precedent here, folks. So any excuse of that nature that Attorney General Baker might trot out can be tossed in the dumpster right now. Yesterday morning’s judicial order to free Genarlow Wilson was a clear-cut case of a judge having the guts to appropriately correct an injustice within the bounds of the law. Nothing more or less.
Or as Judge Thomas H. Wilson wrote when he delivered the order: “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 this court or any court cannot recognize the injustice of what has occurred here, then our court system has lost sight of the goal our judicial system has always strived to accomplish justice being served in a fair and equal manner…”
Presumably it’s somewhere in the Georgia AG’s job description that he too is supposed to pursue justice in a “fair and equal manner”—not just win at all costs. (By the way, Attorney General Baker is a black guy, thus spiking most of the it’s-all-about-race speculations.)
The LA Times reports that even the Attorney General’s church pastor declared himself “flabbergasted” at the AG’s decision to continue to hammer away at the Wilson case.
The Atlanta Journal-Constitution pointed out that there’s a Martin Luther King quote that sums up the situation quite well: “An unjust law is a code that is out of harmony with the moral law.”
Now there’s a bumper sticker worth having.
The State not wanting to lose and to win at all costs is like Fitzgerald going after Libby after Fitzgerald already knew who identified Plame and that no law was broken–but, he had to have a “win” to save face, no matter how unjust. Can we wrap these cases together into one argument?
Shorter Woody:
Blah! Blah! Blah!
Give it a rest buddy until you’ve read the pleadings. Otherwise don’t waste our time!
rlc, well, it’s nice to know that you’re not one to jump to conclusions or predict judgements until after all the facts are in. Did that change today? So that there is no chance of me wasting your time, let me advise you to ignore me as I have recommended to reg.
Another thought occurred to me, which I will cover since rlc has stopped reading at this pont and it may be a while before all of the cards are on the table. The State of Georgia is probably not against releasing this kid, but they may want to do it under different reasons than ruled by this judge so that it does not leave Douglas County or the State potentially liable for a claim by Wilson of unconstitutional incarceration.
Well my, my, we’ve got to worry about the effects down the road! Really? Guess Dickens was right. The Law is an Ass! Of course this “Problem” could be easily resolved if the Governor gave Wilson a “Full and Complete Pardon” but guess that’s asking too much from a guy who became the state’s chief executive by defending the Confederate Flag.
Where’s Sherman when you need him!
rlc, your own prejudices get in the way of rality. The current governor did not defend the Confederate “Battle” flag, and the flag of Georgia does not contain the battle flag symbol because of this Republican governor Right now, the ball is in the court of Georgia’s black Attorney General. If you are honestly outraged at military attacks on civilians, you would never defend Sherman.
Touchy, aren’t we?
Not touchy. It’s just that you are prone to accept what you read in liberal blogs without checking the facts. It’s one of my duties in life to help liberals see the truth.
The outcome of this case will surely be decided within a week or two at the latest. But, beyond the minimum sentence issue, at hand, a larger question exists: what will Genarlow Wilson do to benefit others from his experience? Certainly, his sentence and incarceration has caused a law to be changed. One could say that is good. But beyond that, Genarlow is an example of a simple, yet profound, principle: Every choice has a consequence.
As former inmate from Federal prison, today I share with business executives and young people that simple message: Every choice has a consequence. http://www.chuckgallagher.com And, while I am extraordinarily sympathetic to Mr. Wilson’s plight, his example 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.
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