No Bond for Genarlow Wilson

By Jeralyn, Section Crime in the News
Posted on Wed Jun 27, 2007 at 02:49:35 PM EST
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A Georgia judge has denied bond for Genarlow Wilson, opining that the state statute does not allow for appeal bonds on the crime of which he was convicted.

His lawyer disagrees, saying Genarlow's case is a habeas case and the Judge looked at the wrong statute.

On June 11, as TChris wrote, Genarlow was ordered released from his 10 year sentence for having consensual oral sex with a girl who was only two years younger.

While serving his sentence, Genarlow filed a Habeas Petition, arguing the sentence violated the 8th Amendment ban against cruel and unusual punishment. It was granted. It is the state that is now seeking appellate review of the habeas decision. So which statute should apply, the habeas or the appeal bond?

More....

Without reading the statutes, I'd say the habeas statute applies. The last legal ruling in the case was one ordering him freed and reducing his crime to a misdemeanor. He's not appealing his felony conviction, the state is appealing the granting of his habeas. Even if the appeal bond statute applies, shouldn't it be one applicable to misdemeanors, since that's all he stands convicted of as of now? Again, Georgia lawyers, feel free to weigh in here.

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No Bond for Genarlow Wilson | 13 comments (13 topical)

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And the judge is wrong on the bond issue. (5.00 / 1) (#8)
by atlanta lawyer on Wed Jun 27, 2007 at 03:30:13 PM EST

On direct appeal of a conviction, you can't get bond on agg. child molestation. OCGA 17-6-1(g).

If you are granted habeas relief, and the state appeals, the trial court has discretion to set bond unless the charge is one for which the Supreme Court of Ga has jurisdiction if it were on direct appeal, which, I believe, only includes murder, but if you appeal aggravated child molestation, the intermediate appellate court in GA, the GA Court of Appeals, has jurisdiction, so in this case, the trial court does have discretion to set bond.

If I were him, I don't know if I want it. IMHO, the odds are 99 to 1 that the state will win the appeal and he'll be returned to prison and won't get credit for the time out on bond. A legislative solution is the only one that will work.

don't get me started on the governor (3.00 / 2) (#4)
by atlanta lawyer on Wed Jun 27, 2007 at 03:17:19 PM EST

And the attorney general has taken a big hit too. He's African-American though the activists are essentially challenging his "blackness". Both of them told them media if they let this kid out, there 1300 child molestors in prison that might get out too, which is completely misleading and they know it. His case stands for the narrow proposition that if you got convicted for having consensual oral sex w/someone less that three years younger than you, it's a misdemeanor. If there are other young folk languishing in prison for that, AND, like this young man and his codefendants (who plead to a lesser included child molestion to avoid the mandatory min. of 10 to serve, no parole, but will also be required to register as sex-offenders) they should also be released.
Legally, there's nothing the governor could do except push for a change at the legislature. In Ga, there is a Pardon and Parole Commission that pardon's folk, but by law, they can't pardon people convicted of aggravated child molestation.

: Nicely said (none / 0) (#10)
by Jlvngstn on Wed Jun 27, 2007 at 03:38:32 PM EST

thank you.

Bond (none / 0) (#1)
by Jlvngstn on Wed Jun 27, 2007 at 02:58:33 PM EST

and the bond for a woman with Munchhauser syndrome who faked illness for her child is 10 million.

Bond for cop allegedly killing pregnant mom, 5 million

Bond for white dad who allegedly killed his ENTIRE family = 1 million.

If I were black, i might be a bit pissed at the CJ system.

I'm caucasian.... (5.00 / 2) (#2)
by kdog on Wed Jun 27, 2007 at 03:09:38 PM EST

and I'm always pissed at the CJ system:)

What's the next step to right this wrong...do we need to break out the torches and burn that freakin' prison down to the ground to free this kid? The State of Georgia is coming off as a sore loser, and taking it out on this kid who has suffered in a cage long enough.

I ask again...Is the governor too busy golfing or something?


And a woman (none / 0) (#3)
by Jlvngstn on Wed Jun 27, 2007 at 03:15:57 PM EST

for 10 million with no murder (i have no idear as to her race but I can assume which means nothing). Seriously, is there any reason other than the color of his skin that is keeping him in jail?


Race, in this case: (5.00 / 1) (#5)
by sarcastic unnamed one on Wed Jun 27, 2007 at 03:20:08 PM EST

All the defendants and victims in the case as well as state Attorney General Thurbert Baker, however, are black. And of the 1,322 men and women who are in prison for aggravated child molestation charges, 967 are white, 344 are black and the rest are of other races.

Really? (none / 0) (#7)
by Jlvngstn on Wed Jun 27, 2007 at 03:28:03 PM EST

I thought the girl was white. My bad.


How many politicians (none / 0) (#9)
by Jlvngstn on Wed Jun 27, 2007 at 03:36:49 PM EST

get oral on a daily basis with girls under 18? How many senator's sons? I would like to see Larry Flynt pay a million dollars to any girl who gave oral to a politicians son who had the same age difference and i would like to see how many get 10 years.


Pols get oral that much? From young babes? (5.00 / 1) (#11)
by sarcastic unnamed one on Wed Jun 27, 2007 at 03:39:00 PM EST

Senator's sons also?

I gotta change occupations - for my sake and my sons'. ;-)


I have no idear (none / 0) (#12)
by Jlvngstn on Wed Jun 27, 2007 at 03:41:35 PM EST

Just curious as to what the outcome would be as far as sentencing is concerned. Would make much better news time than anything Paris.....


: Forget the original sentence.... (5.00 / 2) (#13)
by kdog on Wed Jun 27, 2007 at 03:53:44 PM EST

for a second.
This kid was ordered released...the state is appealing that order, and keeping him a cage while they appeal.
The state gone lost its mind...trying to prove some kind of point I guess, with a kid's freedom in the balance. It's sick, sick, sick stuff.
Unless I'm missing something...quite possible.

Civil litigator here (none / 0) (#6)
by Big Tent Democrat on Wed Jun 27, 2007 at 03:23:59 PM EST

But your last graf seems patently obvious to me from the civil perspective.

Wilson wants nothing morte from the court. Why would an appeal bond have anything to do with him?