Brock Turner Judge Removed From New Sexual Assault Case Due to Complaints
The judge in California who presided over the trial of a Stanford University student caught sexually assaulting an unconscious woman has been removed from hearing an unrelated sex case.
Rosen said that in future cases, his office “will evaluate each case on its own merits and decide if we should use our legal right to ask for another judge in order to protect public safety and pursue justice”. “Sometimes papering a judge sends a message to the judge”. (So you could go through a total of two judge removals if both sides motioned for it.) According to Santa Clara’s district attorney Jeff Rosen-the guy who motioned to remove Persky-this move is “rare and carefully considered”. But prosecutors have said they don’t think Persky’s decision can be appealed because it was “authorized by law and was made by applying the correct standards”. Going forward, Rosen says he will make a case-by-case decision on whether or not to ask for a different judge. In such extreme cases, a judge can end up being moved to another courthouse or another part of the court system, such as hearing civil cases, so they can function on the bench.
Turner was convicted of three sexual assault charges earlier this year, stemming from an incident in January of 2015 in which Turner, then a freshman at Stanford, was found on top of a woman’s body behind a dumpster.
Persky did not immediately respond to a request for comment Tuesday evening.
The sentence falls short of Californian guidelines on minimum sentencing and is an offensively small fraction of the maximum sentencing of four years. In March, Turner was convicted of three felony counts of sexual assault before Persky ruled that prison would have “a severe impact” on the 20-year-old.
Kelly Owens, Turner’s high school guidance counselor, also wrote an impassioned letter to the court.
Lydia Pocisk, who dated the former Stanford swimmer, described him as a “kind, loving, respectful, relaxed, silently hilarious and determined individual” in court documents from Turner’s trial, obtained by the Los Angeles Times. Historically, no judge has successfully been recalled in California.
The bar association said it “has seen no credible assertions that in issuing the sentence, Judge Persky violated the law or his ethical obligations or acted in bad faith”.
Booking records from the County of Santa Clara show Turner will likely get out on September 2 if he exhibits good behavior.
“This sentencing judge erred in my opinion because of an unconscious class bias and a failure to give adequate weight to the severity of the crime and the defendant’s great culpability in committing it in this manner”, Arenella said.