Release of Sex Video Criticized

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

ATLANTA — David McDade has handed out some 35 copies of a video of teenagers having sex at a party.

Mr. McDade is no porno kingpin, but a district attorney. And he 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.

Mr. McDade’s actions have opened him up to accusations that he is vindictively misusing his authority to keep Mr. Wilson behind bars — and worse, distributing child pornography.

“This has been a ferocious, vindictive prosecution of Genarlow Wilson,” state Senator Vincent Fort, an Atlanta Democrat, said. “What is going on is a vendetta.”

Mr. McDade, who is district attorney in Douglas County, in suburban Atlanta, did not immediately return calls Thursday.

He has said that while the law required him to release the video, he also believes the footage helps his case — by showing that Wilson is not the squeaky-clean football star and honor student portrayed by his supporters.

“Most of those who do not want people to see the tape know that it’s damning to their position,” Mr. McDade said.

He released the video after receiving an open records request from the AP, and said he has given it to about three dozen people, including reporters, lawmakers and several members of the public who requested it.

It shows Mr. 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 Mr. McDade’s office to stop releasing copies.

“These laws are intended to protect the children depicted in such images from the ongoing victimization of having their sexual activity viewed by others,” Mr. Nahmias said.

Mr. Nahmias’ office refused to say whether he would bring criminal charges against the D.A.

Critics say that at the very least, Mr. McDade should have obscured the faces of the underage girls to conceal their identity, or sought a protective order to keep the material under seal.

Such steps are common in sex abuses cases, especially those involving underage victims, a legal director for the Pennsylvania-based National Sexual Violence Research Center, Diane Moyer, said.

“The bottom line is we need to have respect for the victims in these kinds of cases,” Ms. Moyer said. “To release this kind of thing, to me it’s prurient and it takes the open records law too far.”

Several Wilson supporters likened Mr. McDade to disgraced Duke lacrosse prosecutor Mike Nifong and called on Georgia’s attorney general to investigate.

“Mike Nifong lost his license, and if he lost his license, then certainly a district attorney that distributes child pornography ought to be investigated,” a pastor of Ebenezer Baptist Church in Atlanta, Reverend Raphael Warnock, said Thursday.

State Senator Emanuel Jones said he would introduce legislation to block district attorneys from handing over photographic images in sex cases.

“I’m going to call it the David McDade Act,” Mr. Jones said. “Sometimes we have to protect our kids from district attorneys.”

Wilson was convicted of aggravated child molestation for having oral sex with the 15-year-old girl. He has served more than two years of a mandatory 10-year sentence.

The law Wilson was convicted of breaking made consensual oral sex between teenagers a felony. It has since been changed by the Georgia Legislature. But the state’s courts have held that the new law cannot be applied retroactively.

A judge last month called Wilson’s sentence “a grave miscarriage of justice” and ordered him set free. But prosecutors are trying to block his release. The Georgia Supreme Court is set to hear the case next week.

Mr. McDade fought a bill in the Legislature earlier this year that would have helped Wilson. Some lawmakers who were on the fence changed their mind after seeing the tape.


The New York Sun

© 2024 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  create a free account

By continuing you agree to our Privacy Policy and Terms of Use