A California judge who sentenced former Stanford University swimmer Brock Turner to six months in jail for sexual assault has been booted off an unrelated sexual assault case.
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In light of recent events, Santa Clara County District Attorney Jeff Rosen utilized “a prosecutor’s authority to disqualify a judge to block transfer of the new sexual assault case”.
A recently released transcript is offering a window into the mindset of a California judge who sentenced former Stanford University swimmer Brock Turner to jail for sexually assaulting an unconscious woman. In the robbery case Persky was to hear Wednesday, court officials called the two defense attorneys and the prosecutor about 9 p.m. Tuesday evening, saying the preliminary hearing had been reassigned from the Palo Alto courthouse to a courthouse in downtown San Jose. The sentence has drawn widespread criticism, with over 1.2 million people signing a Change.org recall petition that may not be binding but is indicative of the nerve this case has touched. Along with the six months in jail, Persky sentenced the 20-year-old to three years probation – a sentence far shorter than the six years in jail prosecutors had asked for.
Persky also addressed the victim’s feelings, that she doesn’t see Turner having genuine remorse because Turner never clearly stated he sexually assaulted her that night in January 2015. Turner was convicted of intent to commit rape of an intoxicated person, sexually penetrating an intoxicated person with a foreign object and sexually penetrating an unconscious person with a foreign object. Vice President Joe Biden wrote an open letter to the victim last week.
While the victim provided a “clear illustration of the hurt and devastation caused by” Turner and the ordeal of the trial, Lassettre said she was struck by the victim’s ability to objectively digest the gravity and ramifications of Turner’s behavior while focusing on “treatment, rather than incarceration” for him.
Persky was given a new six-year judicial term earlier this month. In following a probation officer’s recommendation for leniency, Persky expressed concern about the impact a longer sentence would have on Turner.
The judge’s sentencing decision also cited Turner’s lack of prior criminal record and numerous character letters.
In a statement, the DA’s office said they filed a motion to remove Persky because they “lack confidence that Judge Persky can fairly participate” in the hearing.
Persky didn’t respond to requests for comment.
And at no time did Stanford University receive a complaint from a member of the women’s swim team about Brock Turner’s conduct.
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Michael Lee Simpson, 32 and white, faced life in prison for raping a stranger when he pleaded guilty in exchange for a almost 31-year sentence. It’s been hard for Judge Persky to keep jurors in his other cases as, once potential jurors see who their judge might be, several have removed themselves from consideration in protest.
