Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

“The most dangerous man to any government is the man who is able to think things out... without regard to the prevailing superstitions and taboos. Almost inevitably he comes to the conclusion that the government he lives under is dishonest, insane, intolerable.”     H. L. Mencken

July 13, 2007

Genarlow Wilson Prosecutor Distributes Child Porn

by Stephen Littau

ATLANTA (AP) — District Attorney David McDade has handed out some 35 copies of a video of teenagers having sex at a party.

McDade says Georgia’s open-records law leaves him no choice but to release the footage because it was evidence in one of the state’s most turbulent cases — that of Genarlow Wilson, a young man serving 10 years in prison for having oral sex with a girl when they were teenagers.
McDade’s actions have opened him up to accusations that he is vindictively misusing his authority to keep Wilson behind bars — and worse, distributing child pornography.

[…]

It shows Wilson, then 17, receiving oral sex from a 15-year-old girl and having intercourse with another 17-year-old girl. It was shot at a 2003 New Year’s Eve Party at a hotel room by another partygoer.
Earlier this week, Georgia’s chief federal prosecutor, U.S. Attorney David Nahmias, said the video “constitutes child pornography under federal law,” and he called on McDade’s office to stop releasing copies.

I hope McDade gets the book thrown at him on this one. Whatever crime Wilson committed is minor compared with the DA distributing the video to others who do not need to see it. He has probably put everyone who received the video in danger of facing child pornography possession charges. And what’s to stop one of these copies from somehow making its way to the general public via the internet or other means? It’s a little curious to me why the DA believes he needs to make his point in the court of public opinion instead of a court of law. He knows that the public is not on his side but he may win in the court of law (unfortunately).

But like Michael Nifong, David McDade will probably avoid criminal prosecution. Meanwhile, Genarlow Wilson serves a 10 year prison sentence for receiving consensual oral sex from a young lady less than 2 years younger than him. Isn’t our criminal justice system just wonderful!

Related Posts:
More Mandatory Minimums Madness: The “Sexual Predator” Edition (Part I and Part II)

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5 Comments

  1. No one in this whole ridiculous mess belongs in jail.

    Comment by Joshua Holmes — July 14, 2007 @ 2:41 pm
  2. Do you not think the D.A. was out of line in this situation? If not jailed, at least disbarred?

    Comment by Aimee — July 14, 2007 @ 11:27 pm
  3. What an ironic turn of events. McDade has been on a vendetta ever since Wilson refused to take the same plea bargain offered to all five boys and instead wanted a trial by jury. McDade has chastised him by saying Wilson’s refused to take his “medicine” and calling him a “martyr”. Now we find out who the real culprit is. A DA who is out of control, using a homemade video tape of minors engaged in non-procreative sexual acts to justify his prosecution. Last month, it was also learned that McDade and his staff intimidated Veda Cannon, the 15 year old girl’s mother, into testifying for the prosecution at trial, telling her if she didn’t cooperate that she could be charged. Clearly, McDade is abusing his power and taxpayer dollars. Let’s see if his prosecutor, US Attorney David Nahmias, holds him to the letter of the law as he did with Wilson.

    Comment by E Fukushima — July 16, 2007 @ 12:11 pm
  4. E Fukushima, I was unaware of that part of the story. Do you happen to have a link to that story? I would like to look into this further.

    Comment by Stephen Littau — July 16, 2007 @ 1:01 pm
  5. The outcome of this case will surely be decided within a week or two at the latest. But, beyond the minimum sentence issue, at hand, a larger question exists: what will Genarlow Wilson do to benefit others from his experience? Certainly, his sentence and incarceration has caused a law to be changed. One could say that is good. But beyond that, Genarlow is an example of a simple, yet profound, principle: Every choice has a consequence.

    As former inmate from Federal prison, today I share with business executives and young people that simple message: Every choice has a consequence. http://www.chuckgallagher.com And, while I am extraordinarily sympathetic to Mr. Wilson’s plight, his example has helped other young people evaluate the power of their seemingly simple choices. As the founder of the Choices Foundation, perhaps Genarlow would consider stepping up and helping others understand the power of choice.

    Comment by Chuck Gallagher — July 22, 2007 @ 7:10 pm

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