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« on: July 15, 2007, 03:32:07 am »
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http://www.cnn.com/2007/US/07/13/teen.sex/index.htmlATLANTA, Georgia (CNN) -- A federal prosecutor wants a Georgia district attorney to stop giving out copies of a videotape used as evidence in a teenage sex case that has drawn national attention.
Genarlow Wilson, now 21, was 17 when he was convicted of a felony for a sex act with a 15-year-old.
The tape was used in the prosecution of Genarlow Wilson, a Georgia man serving a 10-year prison sentence for a consensual sexual encounter he had as a teenager.
Wilson, now 21, was convicted of aggravated child molestation for having consensual oral sex with a 15-year-old girl when he was 17 during a New Year's Eve party in Douglas County, Georgia, just west of Atlanta.
The sex act was videotaped by another partygoer -- and that tape shows the faces of several underage girls.
Douglas County District Attorney David McDade has estimated he has given the tape to about three dozen people -- including reporters, lawmakers and members of the public -- after receiving open records requests, according to The Associated Press. He told the AP Georgia's open records law requires him to do so.
That stance is supported by the Prosecuting Attorneys' Council of Georgia, which in response to a query from McDade issued a July 5 memo concluding, "If no one has filed for a protection order ... claiming that disclosure of the video tape would invade individual privacy, we can find no reason why disclosure of the video tape is not required under ... the Open Records Act."
The council said in the memo, which it provided to CNN, that Georgia's open records law contains no exemption for material considered child pornography.
However, David Nahmias, U.S. attorney for the Northern District of Georgia, said earlier this week: "We have advised that the videotape at issue constitutes child pornography under federal law and should not be knowingly distributed, received or possessed outside of law enforcement and judicial proceedings."
Nahmias said Tuesday that federal laws prohibiting the distribution or possession of child pornography "are intended to protect the children depicted in such images from the ongoing victimization of having their sexual activity viewed by others, potentially for years to come. ... These federal laws trump any contrary requirement of the state's open records act that may exist."
Nahmias' office encouraged those in possession of the tapes to return or destroy them.
A spokeswoman in McDade's office, asked by CNN whether the office has stopped providing the tape, referred questions to him Friday but said he was unavailable for comment. lol, free CP courtesy of the state of Georgia. Basically this kid's life is more or less ruined because he banged some chick in the same age group. Nice freedom we have here locking up teenagers for being teenagers. Here's the funniest part: CNN has requested the tape under the open records act but has not received a copy.
CNN spent so much time talking about how the tape was child pornography, and then to hit us with that line... oh, CNN, what will you think of next?
« Last Edit: July 15, 2007, 02:02:01 pm by Swiftu »
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