Georgia DA McDade Should Be Prosecuted for Distribution of Child Pornography
David McDade is the overzealous DA of Douglas County, Georgia, who pursued a felony conviction and 10 year sentence against Genarlow Wilson for doing what about half of America has done - having sex as a minor with another minor.
A subsequent ruling by a sensible court, presumably on a State Habeas petition, held that the sentence is unconstitutionally excessive. Oddly, this sensible ruling has driven wild-eyed McDade bat shit insane. In his continuing campaign to justify the unjustifiable 10 year sentence, McDade has taken it upon himself to release the video of the 17 year old Wilson having sex with the minor girls.
Unlike Wilson, McDade did not have the consent of the minor girls or Wilson who was also a minor at the time of the video.
Does distribution of this material violate federal child pornography laws? You bet. McDade is betting that the Righty US Attorney in Georgia will simply ignore his crime. Hell, its only black people he's victimizing. Think of the furor if the video was of a white minor, say Elizabeth Smart.
More disingenuously, McDade claims the release was mandated by Georgia's Open Records Act; something virtually every state has.
Does that law mandate the violation of federal child pornography laws? Of course not. Every Open Court and Records law is subject to common sense exceptions - whether created specifically by the statute, federal law or even Judge-made common law. McDade certainly knew such a video would easily be protected by a request for a protective order. Instead of requesting one from the Court, placing the issue where it should have been, he took it on himself, without prior notice to all interested parties, to victimize the minors in the video in an attempt to show Wilson having - eww, yuckey - sex.
If the girls are victims as McDade claims, his act in releasing the video without their consents has victimized them worse than anything Wilson did. McDade deserves a prison sentence in excess of anything Wilson received.
A subsequent ruling by a sensible court, presumably on a State Habeas petition, held that the sentence is unconstitutionally excessive. Oddly, this sensible ruling has driven wild-eyed McDade bat shit insane. In his continuing campaign to justify the unjustifiable 10 year sentence, McDade has taken it upon himself to release the video of the 17 year old Wilson having sex with the minor girls.
Unlike Wilson, McDade did not have the consent of the minor girls or Wilson who was also a minor at the time of the video.
Does distribution of this material violate federal child pornography laws? You bet. McDade is betting that the Righty US Attorney in Georgia will simply ignore his crime. Hell, its only black people he's victimizing. Think of the furor if the video was of a white minor, say Elizabeth Smart.
More disingenuously, McDade claims the release was mandated by Georgia's Open Records Act; something virtually every state has.
Does that law mandate the violation of federal child pornography laws? Of course not. Every Open Court and Records law is subject to common sense exceptions - whether created specifically by the statute, federal law or even Judge-made common law. McDade certainly knew such a video would easily be protected by a request for a protective order. Instead of requesting one from the Court, placing the issue where it should have been, he took it on himself, without prior notice to all interested parties, to victimize the minors in the video in an attempt to show Wilson having - eww, yuckey - sex.
If the girls are victims as McDade claims, his act in releasing the video without their consents has victimized them worse than anything Wilson did. McDade deserves a prison sentence in excess of anything Wilson received.
posted by Macswain at
10:33 PM
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