Skip to content
Search AI Powered

Latest Stories

No More Criminal Trials for Judge in Stanford Swimmer Rape Case?

No More Criminal Trials for Judge in Stanford Swimmer Rape Case?

[DIGEST: ABC, Buzzfeed]

Santa Clara County Superior Court Judge Aaron Persky, who sentenced Stanford University swimmer Brock Allen Turner to six months in jail for the rape of an unconscious woman, has asked to no longer preside over criminal cases. Judge Persky’s ruling garnered him international notoriety and ignited a global conversation on privilege bias and the gross inequalities within the justice system.


Presiding Judge Ris Jones Pichon confirmed the move in a statement. “While I firmly believe in Judge Persky's ability to serve in his current assignment, he has requested to be assigned to the civil division, in which he previously served. Judge Persky believes the change will aid the public and the court by reducing the distractions that threaten to interfere with his ability to effectively discharge the duties of his current criminal assignment. A reassignment is possible due to the request of another judge to relocate to Palo Alto.”

Credit: Source.

Judge Persky became the subject of a recall campaign after his verdict in the Turner case. A petition on Change.org orchestrated by Miami-area nurse Maria Ruiz calls for Judge Persky’s removal and has currently amassed more than 1 million signatures. According to Michele Dauber, a law professor at Stanford who leads the recall effort via RecallAaronPersky.com, the change would only be temporary because judges in Santa Clara County rotate assignments annually. Dauber intends to bring Judge Persky’s recall to the ballot in November 2017. “He can still transfer back to hearing criminal cases any time he chooses,” she said. "The issue of his judicial bias in favor of privileged defendants in sex crimes and domestic violence still needs to be addressed by the voters of Santa Clara County.”

Dauber pointed to a verdict Judge Persky handed down in a 2011 civil case to support her claims of bias. In that case, the judge allowed the defendants––De Anza College baseball players involved in an alleged gang rape––to claim that a photo of the woman wearing a revealing outfit at a party a year after the alleged assault proved that she did not suffer from post-traumatic stress. None of the defendants were found liable, and the survivor of the assault, who had sought $7.5 million in damages for emotional distress, received no damages after a nine-week trial and more than three days of deliberations.

The news of Judge Persky’s reassignment comes as Brock Turner prepares to leave jail next week.

The facts behind his conviction are not disputed. In January of 2015, two male graduate students came upon Turner while he was raping an unconscious woman behind a dumpster. According to trial testimony, one of them yelled out “What are you doing?” before

Turner fled the scene. The two gave chase and pinned Turner to the ground until authorities arrived.

The 23-year old victim later described waking up in the hospital the morning after the assault with no memory of what had transpired. She submitted to an invasive examination to collect evidence: pine needles were removed from her vagina; photographs and swabs were taken and blood was drawn. Both the victim and Turner had attended a fraternity party before the assault.

A jury convicted Turner on three felony charges, including sexually penetrating an unconscious person with a foreign object. During pre-probation sentencing, however, the assailant’s father Dan Turner, said in a statement that “20 minutes of action” had “deeply altered” his son’s life forever. Imprisonment, he continued, would be an “inappropriate punishment” for his son, who should instead have the opportunity to educate students on college campuses about “how society can begin to break the cycle of binge drinking and its unfortunate results.”

Credit: Source.

Prosecutors had requested Judge Aaron Persky sentence Turner to six years, even though the maximum penalty for these charges was 14 years in state prison. But Judge Persky, a Stanford alumnus, agreed with Turner’s father that prison time would have a “severe impact” on Turner. Persky thereafter handed down a six-month sentence in county jail, stating, “I do think he will not be a danger to others.” Persky said positive character references influenced his decision. Turner’s age, lack of a criminal history and the role alcohol played in the assault were also taken into account. The sentence was recently shortened to three months due to applied “credits” which assessed Turner would not misbehave while in custody.

Jeff Rosen, the Santa Clara county district attorney, called the sentence “unjust,” adding that “the fact that the defendant preyed upon an intoxicated stranger on a college campus should not be viewed as less serious than if he assaulted an intoxicated stranger in downtown Palo Alto… Campus rape is no different than off-campus rape. Rape is rape. We will prosecute it the same.”

The case amassed global attention after the survivor of the assault, identified as “Emily Doe” in court documents to protect her privacy, delivered a victim impact statement, which Prosecutor Rosen praised as “the most eloquent, powerful and compelling piece of victim advocacy that I’ve seen in my 20 years as a prosecutor.” Since its publication on Buzzfeed, the statement has amassed millions of views. In it, she recounted her first brush with the media coverage: “And then, at the bottom of the article, after I learned about the graphic details of my own sexual assault, the article listed his swimming times. She was found breathing, unresponsive with her underwear six inches away from her bare stomach curled in fetal position. By the way, he’s really good at swimming.”

She also challenged portions of Brock Turner’s own statement, including his words, “I want to show people that one night of drinking can ruin a life.” She responded: “A life, one life, yours, you forgot about mine. Let me rephrase for you, I want to show people that one night of drinking can ruin two lives. You and me. You are the cause, I am the effect… Your damage was concrete; stripped of titles, degrees, enrollment. My damage was internal, unseen, I carry it with me. You took away my worth, my privacy, my energy, my time, my safety, my intimacy, my confidence, my own voice, until today.”

“See one thing we have in common,” she continued, “is that we were both unable to get up in the morning. I am no stranger to suffering. You made me a victim. In newspapers my name was ‘unconscious intoxicated woman,’ ten syllables, and nothing more than that. For a while, I believed that that was all I was. I had to force myself to relearn my real name, my identity. To relearn that this is not all that I am. That I am not just a drunk victim at a frat party found behind a dumpster, while you are the All­ American swimmer at a top university, innocent until proven guilty, with so much at stake.”

More from News

Screenshot of Nancy Pelosi; Donald Trump
@allenanalysis/X; Chip Somodevilla/Getty Images

Nancy Pelosi Offers Hilariously Brutal Response After She's Asked Why Trump Posted AI Jesus Image

Speaker Emerita Nancy Pelosi offered a blunt response after a reporter asked for her thoughts about President Donald Trump's decision to post an AI-generated image of himself as Jesus Christ.

Last week, Pope Leo XIV criticized Trump's war in Iran and called on the world "to reject war, especially a war which many people have said is an unjust war, which is continuing to escalate and is not resolving anything."

Keep ReadingShow less
Craig Lamar Traylor (right) returns as Stevie Kenarban (left), whose updated storyline in Malcolm in the Middle revival has sparked both backlash and praise.
Courtesy of Fox; Theo Wargo/Getty Images

MAGA Has 'Woke' Meltdown After 'Malcolm In The Middle' Revival Makes Malcolm's Friend Stevie Queer

In Hulu and Disney+’s continuation of Malcolm in the Middle, fans catch up with Malcolm’s longtime friend Stevie Kenarban, who is now revealed to be in a relationship with a man, with whom he has adopted a son.

Played by Craig Lamar Traylor, Stevie’s return has drawn praise from viewers embracing the show’s expanded LGBTQ+ and disability representation, though some longtime fans argue the revival strays too far from its original tone.

Keep ReadingShow less
Oklahoma Principal stops armed former student
KOCO 5 News/YouTube

New Video Shows Heroic Oklahoma Principal Tackling Armed Former Student Before Getting Shot

We use the word "hero" to describe people who perform incredibly brave acts, but just like the words "iconic," "shook," "narcissist," and "gaslighting," it might be losing its meaning with overuse on social media.

But Kirk Moore, the Principal at Pauls Valley HIgh School in Pauls Valley, Oklahoma, is the true definition of a hero.

Keep ReadingShow less
Screenshot of Mehmet Oz; Donald Trump Jr. drinking a Diet Coke
Triggered with Donald Trump Jr.; Chandan Khanna/AFP via Getty Images

Dr. Oz Just Revealed That Trump Thinks Diet Soda Kills Cancer Cells For Truly Bonkers Reason

Dr. Mehmet Oz, President Donald Trump's administrator of the Centers for Medicare & Medicaid Services, had people facepalming after he revealed that Trump loves drinking diet soda because he believes it kills cancer cells.

Oz appeared this week on Triggered, the podcast hosted by Trump's eldest son, Donald Trump Jr., and spoke about his department's ban on all new durable medical equipment suppliers. He has been known to peddle pseudoscience and conspiracy theories and did so for years before he ever entered public office.

Keep ReadingShow less
Donald Trump
Brendan Smialowski/AFP via Getty Images

C-SPAN Clip Goes Viral For Showing Just How Bizarre Things Have Gotten During Trump's 2nd Term

A C-SPAN clip has gone viral for showing just how bizarre things have gotten during President Donald Trump's second term, describing just a few of his latest moves that have made people facepalm.

C-SPAN coverage is pretty straightforward and matter-of-fact... but things are so weird right now that even the standard monotone narration one expects can't help but underscore this weirdness.

Keep ReadingShow less