Monday, June 11, 2007

Genarlow Wilson Released

CNN just reported the judge in Monroe County has ordered Genarlow Wilson released. Details to come.

UPDATE: Live press conference. Everyone is very emotional at the press conference. Wilson's attorney is begging Attorney General Baker to not file an appeal. If an appeal is filed Wilson stays in jail.

Apparently the judge's ruling is based partly on what happened with Marcus Dixon. There are two state legislators at the press conference. One is Emanuel Jones. I don't recognize the other one.

Wilson's mother: "I feel like a miracle happened"

From the ruling, "the petitioner's previous sentence is void." It also states he is sentenced to time served. This is a habeas petition so this is just about getting him out, the conviction will still stand so it appears he will continue to be on the sex offenders list.

More from the ruling, it seems the judge may have ruled the sentence should have been approached as a misdemeanor. Under misdemeanor law, Wilson would not have had to register. So it's still unclear if he will remain registered.

UPDATE II: The AJC now reports the judge did amend the conviction to a misdemeanor. This means Wilson will not have to remain registered as a sex offender.

UPDATE III: Defense press conference ongoing. Georgia Attorney General is filing an appeal. This probably means Wilson will remain incarcerated. But they are going to ask for bond. Wilson attorney B.J. Bernstein: "It's extremely, extremely disturbing that the Attorney General would take this action now".

UPDATE IV: Attorney General Baker responds here. He may have a point. Earlier I wondered if a judge in a habeas petition had the power to reduce a sentence. It appears Baker is arguing he does not. Also, Channel 5 earlier reported the new plea deal Baker mentions. If all the factors are true with the plea deal, maybe it's time to consider that route.
Previous entries on Genarlow Wilson:

Senator Johnson Steps In The Poo-Poo
Genarlow Wilson: The Spin Continues
Sen. Johnson On Boortz
Be Very Careful Sen. Johnson
Genarlow Wilson Amendment
The Lifeline Of Hope