This story just gets weirder and weirder. On Tuesday, Douglas County DA David McDade, the birdbrain who’s responsible for letting County Prosecutor Eddie Barker try Genarlow as a sex offender because he didn’t like Genarlow’s attitude and has been trying to cover his ass ever since, making things infinitely worse in the process, released the videotape someone made at the party of the girl in question going down on Wilson.
Now, before we go all boggly at the notion that a Georgia District Attorney would make public the tape of a sex act by two teenagers, let’s first note that the tape is evidence in an on-going case. The legality of doing such a thing a week before a scheduled hearing in front of the Georgia State Supreme Court on whether or not Judge Thomas Wilson’s order to free Genarlow is legally valid (State AG Thurlow Baker is trying to protect McDade and Barker by arguing that the judge had no right to make such a decision), is highly questionable if not downright illegal. The only possible motivation for it is as an attempt to prejudice public opinion and possibly the court’s judgment. Apparently McDade knows that in Georgia, judges on the Supreme Court can be swayed by porno.
In any reasonable state – any state driven by law rather than racism, puritanical sex-hysteria, and prosecutorial hissy fits, that is – McDade would right now be walking the streets without a job at the very least, or possibly in jail.
Not in Georgia.
In Georgia, this pathetic excuse for a lawyer is not only not behind bars, he’s still the DA. Not for long, though. Maybe. The State of Georgia may not be interested that one of its DA’s is trying to prejudice his own case, but Gonzo’s DOJ – which has switched its previous focus on things like civil rights to an emphasis on prosecuting sex, which, as we all know by now, fascinates and terrifies Republicans (probably because they have so little experience of it in the flesh, so to speak) – announced on Wednesday that McDade’s act was, legally, like, illegal.
Douglas County District Attorney David McDade violated federal law when he distributed a videotape from a rape and child molestation case to legislators and journalists, the U.S. Attorney in Atlanta said Wednesday.
U.S. Attorney David Nahmias said in a statement that federal law prohibits the distribution of the Genarlow Wilson videotape because it depicts minors engaged in sexually explicit conduct. He warned that people who had received it would be in violation of federal child pornography laws
Federal law prohibits the distribution, receipt and possession of child pornography in most circumstances, Nahmias said.
“These laws 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, particularly if the images are placed on the Internet or otherwise broadly enter the public domain,” Nahmias said.
“Accordingly, 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.”
McDade claims in response that – get this – he had to do it.
McDade told the Associated Press that he was required to release the tape under the state’s Open Records Act because it was introduced as evidence at the trial.
That’s a law I, for one, would want to see in writing. Let’s just pause here for a moment in wonderment as we consider the ramifications of McDade’s statement. If he’s right, then Georgia’s public records must be loaded with pornographic materials released after every single case involving sex. There must be tapes and pictures galore, enough to make Hustler look as tame as your church newsletter.
What? You mean there isn’t a treasure trove of child pornography, videotaped anal sex, blowjobs, and gay sex from the trials that have taken place since the “Open Records Act” was passed? Hmmmm….
But McDade, who is less a joke now than a disgusting pervert, hasn’t yet finished embarrassing his pitiful State. He sent copies of the tapes to newspapers and state legislators, who were none too happy about finding it in their inboxes. When one of them complained, McDade lied and said the legislator had requested it.
Nahmias said that his office issued the statement to end further distribution of the videotape and advised those who possessed it to destroy or return it. His office, under federal policy, would neither confirm nor deny whether it was investigating the distribution.
State Sen. Emanuel Jones (D-Decatur) has called for an investigation to determine whether McDade violated federal law in distributing the videotape in response to requests under the open records law.
On Tuesday, Jones characterized the videotape as child pornography and called it “an absolute, utter disgrace” that a videotape of the raunchy party in a Douglasville hotel room that led to the conviction of Wilson on aggravated child molestation charges has been given to reporters and legislators.
Wilson was 17 at the time and the tape showed him receiving consensual oral sex from a 15-year-old girl.
McDade told the Associated Press that Jones was one of the legislators who requested a copy of the tape. On Wednesday, Jones denied making any such request. “David never gave me a copy of the tape and I never requested a copy,” Jones said.
Attempts to reach McDade for comment were unsuccessful.
The release of the tape was a blatant attempt to influence the Supreme Court by ginning up public opinion against Genarlow, but it seems to have backfired badly. Instead, public opinion is running against him, the ruling perception being that an incompetent and hysterical DA is railroading a kid to cover his own ass, and the Gonzo DoJ – which may not be much when it comes to preventing the theft of elections and the voting rights of citizens who happen to be black but is a whirlwind of righteous indignation and quick response when it comes to sex – may indict him.
Clearly justice in Georgia has gone far beyond the joke stage, and it is going to be damn hard for the state legal system to convince the country it isn’t lost in some Neanderthal land of white supremacy and DA’s who think nothing of twisting the law past all recognition to get what they want. Between this and the Intelligent Design fiasco, Georgia isn’t just looking a little hickish and backward, it seems to be going hell-bent-for-leather in full reverse.