Georgia AG appeals to keep Genarlow Wilson locked up
This new CNN article disappointingly reports that the Attorney General of Georgia “quickly filed a notice of appeal, keeping Genarlow Wilson in prison for the time being” in the wake of the state court ruling earlier today reducing his crime and sentence (basics here and here). Here are more details:
The prosecutor’s move brought an abrupt halt to the jubilation Wilson’s mother, Juannessa Bennett, and his attorney, B.J. Bernstein, were feeling, and the plans they were making for Bennett to be reunited with her son. “It is extremely, extremely disturbing that the attorney general would take this action now,” Bernstein said, adding that she did not know what message “he’s trying to send” or “who he’s representing.”
In a written statement, Georgia Attorney General Thurbert Baker said he filed the appeal to resolve “clearly erroneous legal issues,” saying that while the judge did have the authority to grant habeas relief, he did not have the authority “to reduce or modify the judgment of the trial court.” Separately, Baker noted that Douglas County recently had offered a plea deal “that would have allowed Genarlow Wilson to plead to First Offender Treatment, which would mean that he would not have a criminal record nor would he be subject to registering on the sex offender registry once his sentence had been completed.”
I would be interested to hear reactions from current and former prosecutors about the Georgia AG’s decision to so swiftly seek an appeal. I also wonder, if Baker is comfortable with a plea deal that gets close to the same result as the court ruling, why the rush to appeal?