A federal prosecutor urged local authorities Wednesday not to release any more copies of an amateur sex video that got a man sentenced to 10 years in prison for having consensual sex with a girl when they were both teenagers.
Douglas County District Attorney David McDade has said he was required by the state’s open records law to release the tape because it was used as evidence in the trial against Genarlow Wilson, who was 17 when it was made.
U.S. Attorney David Nahmias said the tape “constitutes child pornography under federal law” and should not be distributed to the public.
“These laws are intended to protect the children depicted in such images from the ongoing victimization of having their sexual activity viewed by others,” he said. Nahmias urged people with the tape to destroy or return it.
The video shows a 2003 New Year’s Eve party at a hotel room. On it, Wilson can be seen receiving oral sex from a 15-year-old girl and having intercourse with a 17-year-old girl.
'Grave miscarriage of justice'
Although the sex act with the 15-year-old was consensual, it was a felony under Georgia law at the time and he was given a mandatory sentence on a charge of aggravated child molestation. Wilson was acquitted of raping the 17-year-old.
His story grabbed national headlines last month when a Monroe County judge declared Wilson’s sentence a “grave miscarriage of justice” and ordered him released. The state Supreme Court is set to hear a pair of appeals from Wilson next week.
McDade did not return telephone calls from The Associated Press seeking comment on Wednesday.
He has said his office gave copies of the tape to some 35 parties that requested it, including the AP, which received a copy last month after making an open records request. The AP’s legal counsel had not seen the U.S. attorney’s full statement and had not decided what would be done with the tape.
'Utter disgrace'
Portions of the videotape have been played on television news shows. And it surfaced at the state Capitol during the legislative session this year as the lawmakers considered a bill that would have helped Wilson.
On Tuesday, state lawmaker urged the Georgia attorney general to investigate the case. State Sen. Emanuel Jones, a Democrat, called it “an absolute and utter disgrace” that the tape was being distributed and asked Attorney General Thurbert Baker to investigate.
Nahmias would not confirm whether his office is investigating the matter.