Judge to decide Monday on Genarlow Wilson's freedom; lawyers argue constitutionality of 10-year prison sentence

Lawyers for Genarlow Wilson argued in Monroe County Superior Court on Wednesday, that keeping their client in jail any longer amounts to cruel and unusual punishment.

Wilson has served more than two years of a mandatory ten-year sentence for receiving oral sex from a 15 year girl at a New Year's Eve party in 2003.

Since Wilson's conviction in 2004 for aggravated child molestation, the Georgia legislature passed a law that makes consensual sex between minors a misdemeanor.

But, attorneys for the state argued the so-called Romeo and Juliet law does not apply to Wilson's case since it was adopted after his conviction.

In opposing the state's argument, BJ Bernstein says her client deserves to be released because his case prompted the change in legislation.

"What our constitution says and requires, is no matter what a legislature says about something being retroactive or not, it has to be fair. And it's clearly unfair on one day and then a week later, the law changes. Opps! It's just a misdemeanor; it's what we truly meant."

Genarlow Wilson's mother says 'no' to sex offender status

Juanessa Bennett says her son doesn't deserve to be known as a convicted sex offender.

Speaking with reporters outside the Monroe County courthouse on Wednesday, Bennett remains optimistic her son will soon be free.

Wilson could have gotten out more than a year ago, if he had taken a deal offered by the state. However, part of the deal required that he register as a convicted sex offender.

Juanessa Bennett says accepting such a plea was never an option. "A sex offender registry is lifetime. So, what's the difference between being in and out, if you still have to suffer? He will have to suffer for the rest of his life."

A ruling in this case is expected by next Monday. In the meantime, Monroe County Superior Court Judge Thomas Wilson has asked both sides to submit briefs in support of their argument.