Which One Belongs In Jail?
By Keith Boykin, in sexuality
Thursday, July 12 2007, 12:38PM
The man on the right is is a convicted criminal in prison. The man on the left is a prosecutor still at large. But is the right man in jail?
For all the right-wing noise about the Duke lacrosse players who were wrongly accused by an overzealous prosecutor, there hasn't been nearly as much attention devoted to another athlete who was targeted by a southern state prosecutor who crossed the line. The athlete's name is Genarlow Wilson, who was arrested, convicted and sent to prison for 10 years with no chance of parole simply for having consensual oral sex with a high school classmate. Wilson was 17 and his female partner was 15, but because she was a minor at the time, the act was considered aggravated child molestation, even though the interaction was consensual and the couple never had intercourse.
Despite appeals for Wilson's release and a state court decision that challenged the sentence, Douglas County District Attorney David McDade has refused to budge. In fact, he has thumbed his nose at his critics and crossed the line of legal conduct. According to the U.S. Attorney in Atlanta yesterday, McDade violated federal law when he distributed a videotape from the case to legislators and journalists. Rather than win his case in a court of law, McDade apparently decided to spin the facts in the court of public opinion.
U.S. Attorney David Nahmias said in a statement that federal law prohibits the distribution of the Genarlow Wilson videotape because it depicts minors engaged in sexually explicit conduct. He warned that people who had distributed it would be in violation of federal child pornography laws. "These laws are intended to protect the children depicted in such images from the ongoing victimization of having their sexual activity viewed by others, potentially for years to come, particularly if the images are placed on the Internet or otherwise broadly enter the public domain," Nahmias was quoted in the Atlanta Journal-Constitution.
McDade told the Associated Press that he was required to release the tape under the state's Open Records Act because it was introduced as evidence at the trial. Nahmias, though, said federal law trumps any contrary requirement of the open records law.
State Sen. Emanuel Jones (D-Decatur) has called for an investigation to determine whether McDade violated federal law in distributing the videotape in response to requests under the open records law. Jones described the videotape as child pornography and called it "an absolute, utter disgrace" that the tape that led to the conviction of Wilson on aggravated child molestation charges had been given to reporters and legislators.
A Monroe County judge has since reduced Wilson's felony conviction to a misdemeanor and called Wilson's 10-year sentence "cruel and unusual." But Attorney General Thurbert Baker is appealing the judge's ruling and the Georgia Supreme Court is scheduled to hear arguments on the case next week.
The news of the prosecutor's illegal conduct comes not long after Veda Cannon, the mother of the girl Genarlow Wilson had oral sex with, says she didn't want to have Genarlow Wilson prosecuted in the first place. But she was told that she could face legal troubles for neglect of her child if she did not cooperate with prosecutors.
Just a few days ago, the Atlanta Journal-Constitution charged that McDade and his staff "are still trampling boundaries" in the case.
After McDade learned that the mother of the 15-year-old girl told the newspaper that she felt pressured, the prosecutor sent over Assistant District Attorney Eddie Barker and an investigator to Cannon's front door with a tape recorder. Barker told the mother that her comments to the reporter "bothered" him and threatened to call back the mother to court to "clarify some of those comments."
The Journal-Constitution reported that McDade sent the two officials to the woman's home "to interrogate her and to instruct her to lie later about their visit," and the paper called it "unethical conduct" and "an abuse of McDade's power as prosecutor and a misuse of tax dollars." Said the Journal-Constitution, "The trip to Cannon's home had nothing to do with protecting the citizens of Douglas County, only McDade's reputation."
Ironically, the Atlanta Journal-Constitution requested a copy of the audiotape under the state open records law, but McDade declined to release it. Later, however, McDade repurtedly turned around and handed it to the Fulton County Daily Report, which now has it available on its Web site.
In the tape, the girl's mother stands her ground, again maintaining that the reason she cooperated is because she felt she might face neglect charges over her daughter's presence at the party. "I don't know your exact words. ... If I didn't cooperate ... I could be charged," she told Barker.
This is exactly the type of prosecutorial misconduct that right-wing TV pundits complained about in the Duke lacrosse case. It would be refreshing and intellectually honest if they expressed similar concern about the misconduct in the Genarlow Wilson case. But don't count on it. Genarlow Wilson, after all, is black.
Comments conceal
Tony
July 12 2007, 1:00PM
Don't forget that the law in Georgia for this exact offense has since been reduce. It is no longer a felony and doesn't carry the same prison sentence either. The law was changed weeks later and the prosecutors/courts are standing firm on Wilson serving the rest of his original sentence. I think that is a crock!
Derrick from PHilly
July 12 2007, 1:23PM
Also, I'm told the girl in this case is white. The prosecutor is obviously a racist, red-neck Georgia cracka' who wants to come as close to lynching this boy
(well, now, this young man)--come as close as possible to lynching him. I hope he's released and the KKK prosecutor is prosecuted.
But you know, I still can't understand the mind of heterosexual men (and straight boys who think they're men): you videotape you and your boys having sex with white girls, then the tape gets into the wrong hands (the parents of the white girls). Oh, boy...and we faggots are supposed to be so stupid. Straight guys are so much more intelligent than us, aint they?
Luther
July 12 2007, 1:23PM
The one thing about those poor "victims" of the lacrosse rape thing that turns me off, other than their smug condescending tone, is the fact that they used some pretty vile racial slurs to those women, does not make her false allegations right, but, they are hardly the saints that the press has made them out to be. And, oddly they left out or in some cases glossed over the gay bashing of one of those guys too. White is always right, and always wins in this countries system of, cough, cough, "justice."
All this said, black folks still have to tow the line and are held to a higher standard than any group in this country. I wonder how many other kids were having sex at the time he was convicted and arrested? The juvenile system would have been overflowing and shut down the state had they been as zealous. I don't know all the ins and outs of this case in particular, but, assume it must have been a white girl, hence this over top sentence.
Ronnie
July 12 2007, 2:40PM
I thought Genarlow was ordered out of jail. If he's still in jail, or had charges filed against him, that's ridiculous. These 18 and 19 year old boys just really got out of high school, so when they're messing with girls under 18 years old, it's a consensual high school relationship. But, these young men should be aware that messing with someone who is under 18 is no good. They're young. They can find someone else.
I think it's wierd how that Duke case went down. Is it normal for a black woman to lie about a group of white men raping her? I think that sista was raped, but something must have happened with her credibility. I still find it strange as to how a black woman could lie about being raped by white men. It's not improbable, but something just doesn't feel right.
Derrick from Philly
July 12 2007, 4:07PM
I'm sorry. I got a little too carried away about the racial aspect of this case--I mean, my comments about young straight men. It's just that I remember seeing the photographs of Emmit Till in Jet magazine when I was about 10 years old (my aunt used to keep them for years). I guess interracial sex is something that carries an extra thrill to it for hetero men because of the past taboo. But it still carries an extra danger to it also. (I know, homos do it too, but nobody cares to lynch homos for interracial sex). THose boys should've learned from Kobe's stupidit...oh, here I go again. The important thing about this story is the injustice of throwing teenagers in jail because of consensual sexual activity involving other teenagers--no adults involved. Also, y'all remember the state attorney general who is appealing the decision to let Genarlow out of jail is a Negro...a la Clarence Thomas type. Fast food is destroying black people's minds, and destroying their buns too.
Solo
July 12 2007, 4:11PM
Wow I can't believe Keith actually wrote about this, not exactly a gay issue! Only a nigga could get 10 yrs 4 getting a blowjob. Hmmm! The average axe murderer only gets about 10 yrs in this country. Hell there was this white woman in Kentucky who shot her preacher husband in the back while he was sleeping and only got 60 days! Ain't the just us system grand! LOL!
Dchristo
July 12 2007, 4:19PM
DerrickfromPhilly - It's my understanding that all parties involved are black (victim, Genarlow and attorney gen. Baker). It was my 1st assumption that she was white too. There is also a video involved - hip hop music playing, etc. From what I've followed this Genarlow has been stereotyped and victimized by an overzealous attorney gen. as well.
Dchristo
July 12 2007, 4:19PM
DerrickfromPhilly - It's my understanding that all parties involved are black (victim, Genarlow and attorney gen. Baker). It was my 1st assumption that she was white too. There is also a video involved - hip hop music playing, etc. From what I've followed this Genarlow has been stereotyped and victimized by an overzealous attorney gen. as well.
Plwatcher
July 12 2007, 4:20PM
I am a college student currently at Furman in Greenville, SC but grew up in Atlanta and have seen this Generalow Wilson case blow out of proportion. Its really warming to see you Keith providing such invaluable insights into a complex problem.
jas
July 12 2007, 5:14PM
wow that's insane. the prosecutor's the one who should be thrown in jail and the key thrown away along with anyone who supports that sentence.
Derrick from Philly
July 12 2007, 5:27PM
Dchristo:
Thank you. When I saw a segment of the infamous video, it showed the backs of the girls coming into the hotel room. They had straight hair, so in my 1960's mind I assumed they were white girls (Duh!..how could that not have not been a major part of this story, if they were white?) After looking at that picture of Queen Latifa in Keith's Featured Picks column, I should know better. Anyway, I got so carried away in my rant, I missed the major issues in this situation, which involve injustice, statewide hypocrisy in law-making, and yes, racism.
So, now, after my tirade on the dangers of interracial sex, all I can say is what Emily Latella used to say on Saturday Night Live, "well, nevermind."
...those girls couldn't had much sense, though--letting themselves be video taped. I don't ever want to go back to Georgia...my family will have to come up here to visit.
cmoney
July 12 2007, 8:01PM
Thanks for providing more details on this case. It is even more disgusting than I thought it was. It was bad enough that this young man was even prosecuted for this event and then sentenced for so long, but to read of this blatant prosecutorial misconduct just makes me want to spit!! Threatening witnesses, releasing a video tape of a sex act between teenagers!! WTF!! What happened to the privacy of the young girl? Not only does this disrespect the defendant, it totally trashes what shred of dignity the female "victim" that the state was allegedly trying to protect had. Unbelievable! This man needs to be brought before the State Bar, if not prosecuted. And I don't even want to get started on that Uncle Tom Attorney General...
Mitch
July 13 2007, 12:09AM
When did age 17 beome an adult?
Mikey
July 13 2007, 1:40AM
Exactly I don't understand how this guy was prosecuted when the action took place when he was 17 years old. Since when was being 17 considered an adult? I thought this was the United States of America and the legal adult age was 18. I just think this is another instance where they just want to throw the book at another black youth. He has no reason whatsoever to be in prison where there are those that are murdering people and shit like that, all he did was give his girl some female head, there wasn't even penetration and he's basically went to jail and is listed as a sex offender for nothing. I keep telling my friends that the Christian "right" is exactly what's wrong with America yesterday, today, and tomorrow.
elg
July 13 2007, 5:58AM
My understanding is that the age of consent in Georgia at the time Genarlow Wilson and the girl had oral sex was 16. Genarlow Wilson was 17 (over the age of consent) and the girl was 15 (not yet at the age of consent).
Genarlow committed a crime (a felony at the time) because he, although still a minor, had sex with a girl who was not of age to "consent". She, therefore, could not legally consent to having sex with him.
And, of course, the sex act was videotaped in that so called bible belt state. A big no-no.
I'm wondering if the so-called civil rights establishment would be so up in arms about this case if the 15 year old girl was a 15 year old boy.
George
July 13 2007, 8:09AM
President Bush should commute Genarlow Wilson's sentence. It would be more just than Libby's.
MidwestGuy
July 13 2007, 9:27AM
ELG: You are partially correct. Wilson was convicted to 10 years for aggravated child molestation. It was the act of the minor performing oral sex on him. GA law considers it nonprocreative sex.
Had he and the young girl have sex involving penetration, he would have been charged with a misdemeanor. So, the age consent is not as important as the degree of sex he was convicted under.
There have been numerous child molestation cases where men have been convicted for having sex with minors so I'm not sure if your doubtful thoughts of the so-called civil rights establishment would be warranted here. That is of course if I understand your point correctly. Either way, as we hear too often in the gay community, this is not a civil rights issue, it's a human rights issue that every American should be outraged by.
Cocoa Rican![[TypeKey Profile Page]](http://www.keithboykin.com/blog2/nav-commenters.gif)
July 13 2007, 9:50AM
It's unfortunate, but legal at the time of the case.
The youngster was tried for a crime he DID commit AND the laws at the time allowed for the conviction based on his crime. Additionally, it appears that the punishment for his crime had the allowable limits of sentencing him to the prison time he was given.
Yes, he's black, but he's also guilty. I'm sure this is a case of racism, but I liken this to dousing your home with gasoline and being very angry that someone had the audacity to throw a match.
Cadence
July 13 2007, 9:55AM
Derrick, the girl isn't White, neither is the seventeen year old girl, who appears in the video, who Wilson and his friends rain a train on, while she was partially unconscious.
Midwestguy
July 13 2007, 10:34AM
CocoRican, laws are a legal means of prosecution and establishing precedent. They are not always neither fair nor just. There was a criminal statute applied to Wilson's case. Although the D.A. admitted that he thought the 10-year sentence was not justified in this particular case, he chose to prosecute with the sentencing anyway.
As with many cases involving defendants, prosecutors have lots of leeway regarding how convictions are applied. What was telling is that the D.A. said that Wilson could have taken the plea deal but he chose to be a martyr.
There have always been laws. Our concern should be how they are applied. This is a classic case of the systemic problems with the criminal justice system, especially when it involves young, black males with no criminal history. Jail, for obvious reasons, is ALWAYS the answer.
cmoney
July 13 2007, 11:23AM
Just because a law is on the books does not mean the book has to be thrown at the defendant everytime a violation occurs. That is why we expect judges, juries and prosecutors to use discretion and commonsense--both of which are lacking in this case. There are all sorts of crazy laws on the books, e.g., anti-sodomy laws. Most of these are never enforced because they are stupid, out of date, are obvviously unfair or discriminatory and would cause more harm than good if enforced, such as destroying a productive citizen's livelihood, leaving his family destitute, cost to incarcerate, etc. Most of us violate numerous laws everyday (had sex lately?) but do not expect to be sentenced to 10 years in prison for getting a damn blowjob from a person old enough to be your classmate. This is case is racism, ignorance, and a pigheaded prosecutor run amuck! Midwestguy--please note that this is one time that I agree with you!
MidwestGuy
July 13 2007, 12:53PM
CMoney, I'm dark as hell but I do believe that I just blushed.
2 often we get caught up in ourselves and refuse to c opposite p.o.v. but will criticize others 4 doing the same. It too often happens in cases when we don't agree with the msngr or have decided that he/she is not worth listening 2. I am NOT a fan of Bill O'reilly but a number of the things he says ring true. For a lot of people, they have 2 agree with everything you say in order 2 respect u or even bother listening.
All that to say, sometimes in order to broaden our minds, we have to listen to views/opinions which may vastly differ from our own. Bush has surrounded himself with people who think like him. Over 3000 deaths later has shown that ain't good. My wish is that we will start to see ourselves (regardless of how others may view us) as members of this whole society as opposed to this small community that always view things through the gay prism. Black gays, straights and in-between should fight for each other, not just for themselves
elg
July 13 2007, 1:59PM
Midwestguy, I was wondering (in my previous post) what if it had been a 15 year old male performing oral sex on Genarlow (in other words, what if Genarlow had been having homosexual oral sex), would the civil rights establishment go to bat for him. I think not.
Midwestguy writes, "Black gays, straights and in between should fight for each other, not just for themselves". This would be true if we lived in a perfect (or maybe just better) world but we do not. For example, straight blacks are not concerned about how HIV/AIDS impacts black gay men. When straight blacks concern themselves with HIV/AIDS issues at all, it is only in terms of how it impacts black women. I cannot care about or fight for people who don't care about or fight for me and mine. And straight blacks (as a group) have made it clear that they do not care about what happens to black gay men.
MidwestGuy
July 13 2007, 4:34PM
ELG I'm not sure on that scenario because I don't know if that sort of case would have ever made it to trial in the first place.
We don't live in a perfect world. Yet, we can not expect mass gain without the help of heterosexuals just as blacks could not have without the help of whites. That is the power structure and we have 2 learn how 2 work w/in it and sometimes make unfortunate sacrifices.
Although uncomfortable 2 admit, in the grand scheme of things, we need heterosexuals--they don't need us.
-Yes, straight blacks seem unconcerned with the HIV crisis beyond how it affects black women. But can you honestly say that we are concerned about issues beyond how it affects gays? We have to become more visible with issues outside our comfort zone.
-Keith was bashed for talking about Isaiah w/a consensus that he should focus on other important issues affecting our community. I would argue that this as well as the presidential series is one but his critics have very little to say. Go Figure!
S.I.L.
July 13 2007, 8:23PM
THERE'S A PETITION..SIGN IT!!
http://www.wilsonappeal.com/petition.php
Nathan James
July 14 2007, 1:27PM
The lawyer folk would remind us that criminal justice often isn't about right or wrong, but, rather, "what the law provides". Genarlow is unfortunately a victim of such a legal interpretation. However, the hysteria over all things sexual can be taken too far. Even the trial judge in this case agreed that the sentence was grossly harsh, as it no longer fulfills its legal mandate to serve as a deterrent, or even fits the "crime".
Laws in mamy states are being changed to recognize sex between late-teen people in their own age group. Mind you, here in NYC, where 15 and 16 year-olds have babies every week, the prisons would be overstuffed if they gave out 10-year sentences to all the guilty parties...
Derrick from Philly
July 16 2007, 9:43AM
Cadence:
Thank you also for correcting my comments about the race of the girls. All misinformed fools should be corrected before they make even bigger fools of themselves. But it was the second part of your posting which has stayed on my mind. How can anyone consent to have a "train" pulled on them if she/he is too intoxicated to know what they're doing; the "pulling a train" may amount to conducting a gang rape. I'm ashamed that I have overlooked a very important part of this incident, one just as important as the injustice done to Mr Wilson, and that is the injustice done to those girls in that motel room. I guess misogyny and sexism are hard to recognize when racism is so overwelmingly present. And I call myself a feminist...please.
Reality
July 16 2007, 11:27AM
I heard that the girl in this case is BLACK. Also, Genarlow's lawyer is named BJ (isn't that a mess?)
The District Attorney's Office in Douglas County,Georgia is giving away copies of the video show Genarlow getting brain from the 15 year old girl and smashing a 17 year girl. They say this sex video is hotter than R. Kelly's child porn tape.
JuliusMay
August 27 2007, 6:11AM
Hey if you do the crime you pay the time
juliusSenileMay
juliu67040@aol.com
I should know i am a gay black senile anal retetive male living in the hoood of phil poor and writing worthless grabage on my pc that i stole from circuit city with fake credit card
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