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.
Judge Aaron Persky of Santa Clara Superior Court sparked national outrage this month over his sentence for Turner, who sexually assaulted an unconscious woman.
The fallout continued Tuesday when the district attorney removed him from a different sexual assault case.
“After … 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,” said Jeff Rosen, the Santa Clara district attorney.
No more information was immediately available on the latest case.
A prosecutor and the defense can opt to request another judge if they see fit. In such instances, a case is reassigned to a different judge.
Persky’s critics are not limited to the courtroom.
Since his ruling, a petition to remove him from the bench has attracted more than 1 million supporters.
Unusual step
Rosen said his office took the unusual measure to remove the judge from the case to ensure justice is served.
“This is a rare and carefully considered step for our office,” he said in a statement. “In the future, we will evaluate each case on its own merits and decide if we should use our legal right to ask for another judge.”
Turner was convicted in March of assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person and penetration of an unconscious person.
He was sentenced June 2.
The assault
On January 18 last year, law enforcement officers responded to a report of an unconscious female near a fraternity house, according to a sentencing memo.
They found the victim on the ground in a fetal position about 1 a.m. She was breathing but unresponsive, and was behind a trash can.
About 25 yards away, two passersby had pinned down and restrained Turner.
“We found him on top of the girl!” one of the men said. Turner smelled of alcohol as he was handcuffed.
The letters
Letters written by the victim and the attacker’s father added to the fury.
In a 12-page victim impact statement addressed to Turner, the woman gave a harrowing description of her ordeal. The letter was widely shared online.
Before the sentencing, the attacker’s father, Dan Turner, had pleaded with the judge for leniency, saying his son should not have to go to prison for “20 minutes of action.”
His sentence
Since Turner was sentenced to less than a year, he is being held in the Santa Clara County Jail in San Jose.
He is in protective custody with 1,100 others. Inmates convicted of sexual assault are held in protective custody to avoid attacks by other detainees.
