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Brock Turner, Former Stanford Swimmer Appeals Sexual Assault Conviction

Posted by Seth Chazin | Dec 08, 2017 | 0 Comments

Brock Turner
Brock Turner Image courtesy of Wikimedia Commons

Brock Turner was found guilty of sexual assault and seeks to appeal his conviction.

Turner was convicted on three counts of felony sexual assault - Penal Code 261 (a) 4 sexual penetration of an unconscious woman, Penal Code 289(E) sexual penetration of an intoxicated woman and Penal Code 220 assault with intent to commit rape. He was sentenced to six months in prison and released after three months for good behavior. Judge Aaron Persky said that a longer sentence would have been “damaging” to Turner's life.

Turner's lawyers have filed an appeal, hoping to overturn the requirement for him to be on the sex offender registry for life. They argue that there was a “detailed and lengthy set of lies” at his trial last year.

Turner's appeal also states that Persky should have instructed the jury to consider lesser charges such as Penal Code 243.4 (a) misdemeanor sexual battery, and that he should have allowed testimony from character witnesses on Turner's behalf. The appeal is requesting a new trial as they claim there was “prosecutorial misconduct” as prosecutor said the assault took place behind a dumpster, while the defense say it occurred beside a three sided bin.

Persky faces a recall effort for how he handled the case and his sentence, which many considered to be incredibly lenient. In a statement to fight the recall effort, he said that he saw how sexual assault can destroy victims' lives in his career as a prosecutor, however that as a judge his role had changed. He said “I am required to consider both sides. California law requires every judge to consider rehabilitation and probation for first-time offenders.”

Santa Clara County District Attorney, Jeff Rosen has said, “Brock Turner received a fair trial and was justly convicted.” He believes the conviction will be upheld.

John Tompkins, legal advisor for Turner, said that what happened was not a crime, and that the facts do not reflect the verdict.

The case has had a massive effect on California law, and on a national, and even worldwide stage. Last year, lawmakers passed legislation that broadens the state’s legal definition of rape. This change also mandates a prison sentence if the victim was unconscious.

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About the Author

Seth Chazin

Seth P. Chazin has aggressively defended clients in thousands of felony and misdemeanor cases for over 25 years. He has extensive experience representing criminal defendants in federal and state court, while handling both state and federal appeals as well.

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ABOLISH THE DEATH PENALTY

“The death penalty is a lie, a misguided mistake born of anger and frustration. Capital punishment has become a perverse monument to inequality, to how some lives matter and others do not. It is a violent example of how we protect and value the rich and abandon and devalue the poor. The death penalty is a grim, disturbing shadow formed by the legacy of racial apartheid and bias against the poor that condemns the disfavored among us, but corrupts us all. It’s the perverse symbol elected officials use to strengthen their ‘tough on crime’ reputations and distract us from confronting the causes of violence. It is finally the enemy of grace, redemption and all of us who recognize that each person is more than their worse act.”
- Bryan Stevenson

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