Genarlow Wilson freed; remains locked up pending appeal

A Georgia judge today freed Genarlow Wilson. But, the 20-year old remains in jail, awaiting appeal by Georgia's attorney general.

Wilson was seventeen in 2004, when he was convicted of aggravated child molestation after having consensual oral sex with a girl two years younger.

The Superior Court judge who ordered his release said keeping Genarlow Wilson locked up for a crime now considered a misdemeanor in the state of Georgia, amounts to cruel and unusual punishment. But, Georgia's Attorney General immediately appealed the ruling, saying the court overstepped its boundaries.

The appeal means Genarlow Wilson's case now goes before the state’s highest court. Wilson has served two years of a ten year mandatory sentence. Wilson decided to fight charges of aggravated child molestation because it came with lifetime registry as a convicted sex offender.

In the meantime, defense attorneys say they'll ask the court to release Wilson on bond pending the appeal.