CommentsJUDGING THE JUDGES-Santa Clara County Superior Court Judge Aaron Persky has been blocked by prosecutors from hearing an upcoming sex crimes case. The judge has been taking heat for sentencing former Stanford student Brock Turner to six months in jail for three felony counts of sexual assault. The removal from the case is “a rare and carefully considered step,” according to a statement made by prosecutors. The district attorney had removed the judge after he had dismissed a non-sex crimes case prior to the jury’s deliberation.
District Attorney Jeff Rosen said, “We are disappointed and puzzled at Judge Persky’s unusual decision to unilaterally dismiss a case before the jury could even deliberate. After this and the recent turn of events, we lack confidence that Judge Persky can fairly participate in this upcoming hearing in which a male nurse (allegedly) sexually assaulted an anesthetized female patient. 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 in order to protect public safety and pursue justice.”
Per California court procedure, prosecutors and defense attorneys may file a motion in order to remove a judge from a case for reassignment. Prosecutors in the new case brought a motion to remove the judge after several jurors refused to serve in his courtroom following the outcome of the Turner case. One of the jurors in the Turner case had written a letter to the judge, stating that he was “absolutely shocked and appalled” at the sentence.
Judge Persky’s sentencing in the case has led to efforts to recall the judge with several political groups promising to raise money for the campaign to recall the judge. To date, almost a million people have signed online petitions, calling upon the California Commission for Judicial Performance to remove Persky, who was appointed by Gov. Gray Davis in 2003 and faces reelection in November.
Prosecutors had asked the judge to sentence Turner to a six-year prison term for three felony counts of assault with the intent to commit rape of an unconscious person, sexual penetration of an unconscious person, and sexual penetration of an intoxicated person, which carry a maximum sentence of 14 years. However, the judge seemed to have sentenced Turner according to the recommendations of Turner’s chief probation officer Monica Lessettre who recommended the six months sentence in county jail, along with three years of proba tion and sex offender treatment.
Recalls of judges are rare in California and there is support in Santa Clara County for the judge from those who say the sentencing is within his rights, as legal experts say the sentence falls within the law but is lighter than for most similar cases.
Recalling judges may be a slippery slope, compelling judges to rule to accommodate the greater public. However, as prosecutors may continue to motion for the judge’s dismissal from cases, his role will be diminished. To date, no one has submitted paperwork to challenge Persky in November or for a recall.
(Beth Cone Kramer is a successful Los Angeles writer and a columnist for CityWatch.)Prepped for CityWatch by Linda Abrams.
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