Genarlow Wilson Freed From Prison

After two years of being imprisoned for having consensual oral sex with another teenager, Genarlow Wilson was released late Friday afternoon.The Supreme Court of Georgia on Friday ordered that Wilson, 21, who was sent to prison for 10 years for a consensual sex act committed when he was a teenager, be released from prison. A throng of family members -- including his mother, Juannessa Bennett -- were waiting outside Al Burruss Correctional Training Center when Wilson emerged from the prison.Wilson told a news conference outside the prison, "I'm finally happy to see we've got justice now."He said that among his immediate goals was to get into college.His attorney, B.J. Bernstein, said, "His mother is just thrilled. We're all in a little bit of shock.""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 his mother, Juannessa Bennett.Wilson offered advice to other teens: "They should be very hesitant before they join certain crowds and make certain decisions."Wilson, a former honor student and homecoming king, was convicted in 2005 of aggravated child molestation for oral sex with a 15-year-old girl when he was 17. The act, which was videotaped, took place during a 2003 New Year's Eve party at a Douglas County hotel. Wilson was acquitted of raping another 17-year-old girl at the same party.The 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.Wilson's lawyer, B.J. Bernstein, spoke with Wilson's mother early in the day about the release."She's just thrilled. I think we're both in shock a little bit because we've just been waiting and praying every day and it just shows everybody's had a lot to say and but we've always looked to the courts to fix this and the Georgia Supreme Court has and it's wonderful," Bernstein told 11Alive News.In a split 4-to-3 decision, the state's highest court upheld a Monroe County judge's finding that Wilson's 10-year-prison sentence constitutes "cruel and unusual punishment" under the Georgia and U.S. Constitutions. In its 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."Without the high court's ruling, Wilson would have had no chance of parole and would have to register as a sex offender after serving his prison sentence. The law that gave him the decade-long sentence was later changed by the Georgia Legislature to make such conduct between consenting teens a misdemeanor punishable by no more than a year in prison and no sex offender registration. However, the law was not made retroactive so it did not apply to Wilson. In a 48-page opinion, Chief Justice Leah Ward Sears wrote for the majority, noting that the changes in the law "represent a seismic shift in the legislature's view of the gravity of oral sex between two willing teenage participants" and "reflect a decision by the people of this State that the severe felony punishment and sex offender registration imposed on Wilson make no measurable contribution to acceptable goals of punishment."Dissenting justices wrote that the state Legislature expressly stated that the 2006 change in the law was not intended to affect any crime prior to that date.In a written response faxed to 11Alive News Friday afternoon, Douglas Judicial Circuit District Attorney David McDade said "While I respectfully may disagree with the court's decision, I also must respect their authority as the final arbiter in this case."McDade went on to say that he would "continue to support the efforts of Attorney General Thurbert Baker in striving to make certain that all laws are applied consistently to all parties."State Attorney General Thurbert Baker said he accepted the high court's ruling, adding that he hopes it will "put an end to this issue as a matter of contention in the hearts and minds of concerned Georgians and others across the country who have taken such a strong interest in this case." (Read Baker's complete statement).Wilson's supporters were jubilant."It's been a long time coming," said U.S. Rep. John Lewis, an Atlanta Democrat. "Each day that this young man spent in prison was a day too long."Civil rights activist Jesse Jackson, who is visiting Georgia this week, in talking about the Wilson case, called for an end to mandatory minimum prison sentences. 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."State lawmakers announced they had raised $4,000 toward a scholarship fund for Wilson, and Jackson promised another $5,000 from the Rainbow/PUSH organization.The Georgia Legislative Black Caucus has established a college fund for Genarlow Wilson. Anyone who wants to contribute to the fund may do so. Contact Daneca Key with the Georgia Legislative Black Caucus at (404) 651-5569.