aTypical Joe: a gay New Yorker living in the rural South

Sunday, April 29, 2007

NYTimes on Georgia’s Shame: The Genarlow Wilson case

The New York Times tells it like it is. Monday’s editorial:

Every day that young Genarlow Wilson remains in prison for consensual sexual activity is a further indictment against the prosecutors, lawmakers and judges of the Georgia legal system. Lawyers for Mr. Wilson have applied for a writ of habeas corpus to challenge his cruel and unusual 10-year sentence. The Superior Court should grant it. [...]

The behavior of the district attorney, David McDade, requires particular scrutiny. He charged Mr. Wilson with raping a different girl at the same party, and a jury acquitted him in 2005. Mr. McDade has distributed a graphic videotape of the events in that case to legislators as part of a lobbying effort at the State Senate against Mr. Wilson’s release. And Mr. McDade went on television last month and said, referring to Mr. Wilson and others involved, “Six young men basically gang-raped a 17-year-old.”

At best, this is irresponsible considering that Mr. Wilson was acquitted of the charge. It demonstrates poor judgment not by a minor, but by an adult who should know better.

A selection of posts for more info: This isn’t the first time the Times noted David McDade’s behavior. For the record, a Wilson juror says, “We immediately saw the tape for what it was. We went back in and saw it again. Then everybody immediately said not guilty.”

I’d also single out for particular scrutiny Georgia State Senate President pro tem Eric Johnson, R-Savannah, who has continued to claim Genarlow is guilty of rape with full knowledge that he was acquitted of that charge. Matt Towery who wrote and introduced the bill used to charge and prosecute Genarlow has said again and again that it was not intended to imprison our kids. If you think the Times is over the top for using the term “cruel and unusual,” think again:

The Eighth Amendment to the US Constitution:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

...How can it be that, in the judges own words, a “promising young man with good grades and no criminal history [is sentenced] to ten years in prison without parole and a lifetime registration as a sexual offender because he engaged in consensual oral sex with a 15 year old victim only two years his junior” and THAT IS NOT CONSIDERED CRUEL AND UNUSUAL???

I wrote and asked Mark Cuban, on the eve of Crossover Day, to speak out again. I guess he was busy. His comments got attention, I hoped he’d speak out again.

I am as distressed about this case and what it says about the state in which I now reside as any citizen could possibly be. With all of my heart I believe that if this is Georgia justice, there is no justice in Georgia. Georgia’s shame indeed! We need, Genarlow needs, help from outside. Make noise. Please, do something.