Stanford case judge removed from new sex case – USA TODAY
An effort is underway to recall the judge who sentenced a former Stanford University student convicted of rape to six months in jail. The case has sparked outrage on campus and around the nation. (June 10)
A California judge who has faced withering criticism for giving a lenient sentence to formerÂ Stanford UniversityÂ swimmer Brock Turner in a sex assault caseÂ has beenÂ removed from anotherÂ sexÂ case.
Santa Clara County District Attorney Jeff Rosen blocked the transfer of the new sexual assault case to Judge Aaron Persky, who is the subject of a recall petition, several media outlets reported Tuesday.
Persky was briefly transferred a caseÂ to decide whether a former San Jose nurse should stand trial on charges he sexually assaulted a patient while she was sedated.
In criminal cases, each sideÂ is allowed one motionÂ to remove a judge from a case and have it assigned to another judge.
The moveÂ comes days after several potential jurors told the judge they couldnât serve on a jury in his courtroom because of the Turner sentence. Persky was bumped from theÂ new sexual assault case aÂ day after he tossed out an unrelated misdemeanor theft trial before it went toÂ aÂ jury, rulingÂ prosecutors hadn’t proved their case.
“We are disappointed and puzzled at Judge Persky’s unusual decision to unilaterally dismiss a case before the jury could deliberate,” the district attorney said in a prepared statement. “After this and the recent turn of events, we lack confidence that Judge Persky can fairly participate in this upcoming hearing in which a male nurse sexually assaulted an anesthetized female patient.”
Turner was aÂ three-time all-American high school swimmer and 2014 graduate of anÂ OhioÂ high school who came to the prestigious Stanford with Olympic aspirations. HeÂ wasÂ found guilty in March of three counts of sexual assault for anÂ attackÂ on an unconsciousÂ womanÂ in January 2015 outside a fraternity party at the Palo AltoÂ school. He was arrested after two graduate students on bicycles rode up as the assault was taking place near a dumpster, tackled Turner when he tried to flee and held him until police arrived.
Prosecutors sought six years for Turner, while the defense sought a four-month sentence. Probation officials suggested six months.Â PerskyÂ cited Turner’s age, the fact that he was intoxicatedÂ and intense media scrutiny of the caseÂ for hisÂ decision to impose a lighter sentence of six months in a county jail and three years of probation.
On Monday,Â the Palo Alto Weekly published a letter from aÂ juror who helped convictÂ TurnerÂ in theÂ sex assault case. In the letter,Â which the juror sent to Persky over the weekend, the manÂ said he was “absolutely shocked and appalled” by the former swimmer’s sentence.Â TheÂ juror, who requested anonymityÂ to protect his privacy,Â said he didn’t believeÂ Turner’s contention the woman consented to the encounter. And he gave a stinging rebuke to Persky:
“After the guilty verdict I expected that this case would serve as a very strong deterrent to on-campus assaults, but with the ridiculously lenient sentence that Brock Turner received, I am afraid that it makes a mockery of the whole trial and the ability of the justice system to protect victims of assault and rape,” the juror wrote. “Clearly there are few to no consequences for a rapist even if they are caught in the act of assaulting a defenseless, unconscious person.”
The case has been in a global spotlight since last week when a riveting, 12-page impact statement fromÂ Turner’s 23-year-old victim was made public. “You donât know me, but youâve been inside me, and thatâs why weâre here today,â the woman told Turner in court as she read portions of her statement.
AÂ letter fromÂ Turner’s fatherÂ in which he appealed for leniency for his son was also made public last week and triggered outrage.Â Jail time wasÂ âa steep price to pay for 20 minutes of action out of his 20 plus years of life,â Dan Turner wrote in asking for probation for his son.
A recall petition against Persky atÂ Change.orgÂ Â had 1.2 million signatures Tuesday.
Follow Susan Miller on Twitter: @susmiller