
NOTE: CNN will air an hourlong interview with Genarlow Wilson Monday, Oct. 29, at 8 pm eastern time. Click here for more information.
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Genarlow Wilson will soon be a free man.
Wilson is the young man, now 21, who has spent more than two years in prison for a 10-year-sentence for “aggravated child molestation” committed when he was 17. In this case, “aggravated child molestation” meant receiving oral sex from a 15-year-old girl. The key evidence in the case, a video tape of the incident, indicated that the girl was a willing participant, and no other evidence has surfaced to suggest she was anything else.
This morning, the George Supreme Court – on a 4-3 vote – labeled Wilson’s sentence “cruel and unusual punishment” that was “grossly disproportionate” to the crime, and ordered his release. Even though the Georgia legislature changed the law under which Wilson was convicted early in 2006, it did not apply retroactively to his case. Wilson had repeatedly turned down plea-bargains because all would label him a child molester even after his release, a label that carries such consequences as not allowing him to live in the same home as his underage sister. In June, 2006, a judge voided Wilson’s sentence and reduced his conviction to a misdemeanor (the same as we would have received if he had been sentenced under the new law), but the Georgia Attorney General, Thurbert Baker, appealed the decision. So Genarlow Wilson stayed in prison.
By most accounts, Genarlow Wilson was (indeed, is) a decent kid, a star football player who had a 3.2 GPA and was being recruited by several top-flight colleges when he was arrested. He was Homecoming King at Douglas County High. He was planning to take the SATs the same day he was arrested. He did not have a police record. Then he went to a New Year’s Eve party with some friends at a motel, a party full of sex and booze, and the trouble began. The following morning, a girl at the party said she had been raped; several boys were arrested. Everyone except Wilson accepted a plea bargain. Wilson stood trial for the rape, but nothing on the videotape or in the victim’s testimony convinced the jury that any rape had taken place, and he was acquitted. But the jury did convict him of the child molestation charge, because under the letter of the law the act shown on the tape was considered a felony because the girl was under the age of consent.
Despite widespread media attention – the story aired on such shows as PrimeTime Live, Good Morning America, on sports entrepreneur Mark Cuban’s cable network; The New York Times editorialized that the state should “Free Genarlow Wilson Now” — Wilson stayed behind bars. Until today.
So what does the Genarlow Wilson case have to do with the levees? Let’s put it this way: one of the unsettling questions raised by the aftermath of Katrina was whether or not there are still two Americas, “two societies, one Black, one White – separate an unequal,” in the words of the 1968 Kerner Commission. (Check out the lesson called “Are There Two Americas?” in the Teaching the Levees curriculum book, pp. 58-61). Katrina begs us to consider whether the government’s hopelessly inadequate response to the floods in New Orleans were shaped by the fact that so many of its victims were black and poor. The incident in which victims fleeing the floodwaters in the aftermath of Katrina were stopped at gunpoint from crossing the Gretna Bridge forces us to consider whether or not there are still physical spaces in this country that are off limits to people of color. In a nutshell, Katrina demands that we examine the possibility that even in today’s America one set of rules applies to whites and another to blacks.
Similarly, it is impossible to separate race from the Genarlow Wilson case. When a Georgia jury sends a 17-year-old black man to jail for 10 years for doing what millions of American teenagers do every day, you can’t help wonder if all those old sexual stereotypes about African-American men are still simmering just below the surface. Prosecutors have discretion in the cases they bring. Charging Wilson with “child molestation” for getting oral sex from a 10th-grade-girl is at best irrational. At worst, it smacks of a society and legal system that is all too ready and willing to believe that a young black man is a sexual predator. Critics of racial profiling by police in many jurisdictions argue that when African-Americans are stopped more frequently than whites for routine traffic violations they are really guilty of “driving while black.” Likewise, you have to wonder if Genarlow Wilson wasn’t simply guilty of “having oral sex while black.”
At a press conference last week, Jesse Jackson demanded the government stop its “over-prosecution of young black men,” according to today’s story in the Atlanta Journal-Constitution. “Genarlow is a symbol of a system that’s out of control.”
(This is, of course, the same set of issues raised by the Jena 6 case, which will be addressing in this blog in the near future.)
“The image of a bright future dimming with each passing day is what infuriates so many people,” writes Wright Thompson in a piece about Wilson called “Outrageous Justice” on EPSN.com. “Wilson should be held up as an example of a kid who was making it. His life should be protected by society, not destroyed. He was a good student, with a 3.2 grade point average. He was popular, the school’s homecoming king, liked by students and teachers. He never got into any trouble with the law. He was a track and football star.”
Interestingly enough, Wilson seems to be the first person to admit that he is no candidate for sainthood. In numerous interviews, he has admitted that going to the New Year’s Eve party was a mistake, and he hopes one day to have the chance to convince other kids to take responsibility for their behavior.
Congressman John Lewis (D-Atlanta) recently visited Wilson in prison, and told reporters that “his head was on straight. He’s smart. He realized he had made mistakes. He said, ‘Congressman, I’m a good person. I want to get out and make a contribution.’”
In the ESPN story, Thompson describes a young man sitting in prison taking stock of the life he led before he landed behind bars:
“It’s embarrassing to me,” he says. “You see yourself….’Man, I acted like that?’”
Wilson’s lawyer, B.J. Bernstein, says her client is committed to encouraging teenagers to behave responsibly. “Genarlow is going to be committed to talking and working with young people to spread the message that he made a mistake that night and doesn’t want it to happen to anyone else,” she was quoted as saying this morning in the Journal-Constitution.
Funny, I don’t recall hearing that kind of admission from other athletes who have unfairly found themselves in serious legal trouble after attending similar parties.
Genarlow Wilson now has the opportunity to do a lot of public good. According to a poll in this morning’s Journal-Constitution, more than 95% of respondents agree with his release (interestingly, a much higher percentage than that of the Georgia Supreme Court). Maybe, at long last, justice in this case has been served.
UPDATE:
Genarlow Wilson was released from prison about 5:30 pm Friday afternoon. Click here to see a video of the release.