Controversial convicted rapist Brock Turner who basically got a slap on the wrist with a six month sentencing and which will require him to sign up as a life-long registered sex offender is seeking to again appeal his case.
According to a report, Turner’s legal team filed a 172- page brief in California’s 6th District Court of Appeal, in which they described his trial as one “detailed and lengthy set of lies,” and they are looking to have his sex offender registration overturned.
They further claimed that his trial was one where the jury was “tainted” as prosecutors repeatedly stated that the assault occurred behind a dumpster.
“[The jury] received extensive ‘behind-the-dumpster’ propaganda,” his team argued in the documents, adding that the assault was done rather in a ‘completely open setting’ near a basketball court, according to a report on Buzzfeed.
Sooo, wait? Does the location negate the crime or make it deserving of an even lighter slap on the wrist? Because as far as we’re concerned, it doesn’t matter where it happened, but the fact remains it did happen.
Turner sexually assaulted an unconscious, intoxicated woman outside of a college party they were attending back in 2015, and in March 2016 was convicted of three counts of sexual assault: assault with intent to commit rape of an intoxicated woman, sexually penetrating a woman with a foreign object, and sexually penetrating an unconscious woman with a foreign object.
Despite facing 14 years in state prison, California Superior Court Judge Aaron Persky sentenced him to just six months in jail, citing concerns that harsher punishment would have a “severe impact” on Turner, who was a budding competitive swimmer at Stanford University at the time.
Turner later served just three months of his half-year sentencing and was released in September 2016.
Persky is currently fighting a recall effort being led by activists outraged by the six-month sentence.
Michele Dauber, a Stanford law professor who chaired a campaign to recall Persky from the bench, blasted the motion filed by Turner’s attorneys Friday, and said the former student had received a fair trial.
“The jury heard the evidence and decisively rejected Turner’s efforts to blame the victim,” she said in a statement to BuzzFeed News.
“The problem with this case wasn’t that Judge Persky was unfair to Brock Turner, it was that Judge Persky was unfair to the victim when he sentenced Turner to only a few months in county jail.”
“The idea that this result was somehow unfair to Turner is ridiculous,” Dauber said.
Turner’s victim also read a powerful letter to her attacker, where she detailed that in the course of the investigation and trial, Turner had “failed to exhibit sincere remorse or responsibility for his conduct.”
However, Persky said he believed Turner had shown a “genuine feeling of remorse,” and that deciding whether adequate remorse was shown was “one of the most conflicted and difficult issues in this case.”
In the wake of the Turner case, Persky was removed from a sexual assault case after the Santa Clara County district attorney questioned his ability to handle the case the fairly. Buzzfeed reported that he was later found to have gone easy with the sentencing arrangement for another student-athlete, who had been convicted of domestic abuse.