SAN JOSE (BCN) — Elected leaders and community members rallied to recall a Santa Clara County Superior Court judge who sentenced a man released Friday after serving only three months in jail for sexually assaulting a woman during a party at Stanford University last year.
Dozens of people gathered across from the Main Jail in San Jose where they heard from federal, state and local officials who believe Judge Aaron Persky was biased in serving a light six-month sentence for 21-year-old Brock Turner in a case that has received international attention.
Turner was convicted of three felony counts of sexual assault of an unconscious woman during an on-campus fraternity party on Jan. 18, 2015.
He was able to serve only half of his sentence for good behavior and was released from custody at 6:09 a.m.
State Sen. Kevin de Leon, D-Los Angeles, said he was “perplexed” by the judge’s sentence, especially as a father whose daughter is a recent college graduate.
The sentence showed Persky lacked a moral compass and placed the interests of convicted abusers before victims, de Leon said.
“He’s unworthy of the robes he wears and the bench that he sits on,” de Leon said.
The senator also talked about how sex crimes are often characterized as a women’s issue, but it’s also important for men, who often commit the acts, to help stand up with them.
Rep. Eric Swalwell, D-Dublin, said there was no justice in Turner’s sentence and it was time for Persky’s “early release.”
Swalwell, a seven-year prosecutor in Oakland, described the promise he made to victims, as they had to repeatedly tell their story along with the anxiety they faced while in trial and awaiting a verdict.
“Recalling a judge is not easy, it’s an extreme measure, but this judge deserves a recall and the community needs one if we’re going to be more protected,” Swalwell said.
Stanford law professor Michele Dauber, chairwoman of the campaign to recall Persky, said the judge “bent over backwards” to not give Turner a prison sentence.
Persky also gave “lenient treatment” to other defendants accused of inflicting violence against women that showed he had a pattern of bias, Dauber said.
In one case, he allowed Foothill College football player Ikaika Gunderson, who was convicted of beating and choking his ex-girlfriend, to move to Hawaii without probation or supervision, according to Dauber.
The law professor called on the state Attorney General’s Office to investigate whether sending Gunderson out of state violated federal regulations on adult offender supervision and the state penal code and if
such an action was done in other cases.
Gunderson was later arrested on suspicion of domestic violence in Washington state, according to Dauber.
“A biased judge is a threat to the entire legal system,” she said.
Last week, Santa Clara County Superior Court officials announced the judge would move to the civil division at the Old Courthouse in downtown San Jose. He began serving there on Tuesday.
Persky’s decision is only a temporary change and he can choose to move back to hearing criminal cases at his discretion, Dauber said.
The crowd often cheered when the speakers at Friday morning’s news conference talked about removing Persky and booed at mentions of Turner’s short sentence.
Many held signs that said, “Don’t legalize rape,” “Protect Women Recall Persky,” and “Stop Court Crimes.”
Some women walked around topless with messages scrawled across their bodies such as, “Will I Be Brock Turner’s Next Victim?”
Graduates from other prestigious colleges also discussed their experiences of being sexually assaulted on campus and struggles they faced in reporting their cases to authorities. The victims talked about how the
perpetrators received mild punishments and continued to pursue higher education.
“If more judges bother to educate themselves on the realities of gendered violence there would be fewer Brock Turners,” Harvard Law School graduate Kamilah Willingham said.
“The survivor in this case had so much evidence both witness and forensics and she was denied justice,” University of California at Berkeley graduate Sofie Karasek said.
Stephanie Pham, a political science major at Stanford and co-founder of the school’s Association of Students for Sexual Assault Prevention, said she was frustrated with Turner’s sentence because he was privileged as a Stanford student, athlete and white man.
“Instead of listening to those who need to be heard the most, Judge Persky has chosen to silence survivors discouraging them from ever coming forward,” Pham said.
Other speakers at the rally included Rep. Jerry McNerney, D-Pleasanton, Rep. Loretta Sanchez, D-Orange County, state Sen. Jim Beall, D-San Jose, Assemblywoman Nora Campos, D-San Jose, Palo Alto Mayor Pat Burt, congressional candidate Ro Khanna, former Milpitas Mayor Bob Livengood and California National Organization for Women President Jerilyn Stapleton.
At least one man held a lonely protest on behalf of Persky and Turner Friday. Steve White stood nearby with a whiteboard that in part read, “No one knows Turner lied. No one knows when she passed out.”
White said he believes Persky should be retained and if the judge is recalled, it will send fear to others on the bench.
He also questioned the victim’s impact statement read in court and claimed she was “offended by the idea that she consented.” Santa Clara County Sheriff Laurie Smith made brief remarks to reporters outside the jail Friday morning before and after Turner was released from custody.
“He should be in prison right now, but he’s not in our custody,” Smith said.
The case has led to proposed statewide legislation that would change the required minimum sentence for convicted rapists of unconscious victims to three years in prison.
In a Wednesday letter addressed to California Gov. Jerry Brown, Smith urged the governor to sign the bill and make it clear that probation is not a fair sentence for anyone convicted of a sexual felony perpetrated
against an intoxicated and unconscious victim.
“As the sheriff of Santa Clara County and a mother, I believe that the interests of justice are best served by ensuring that sexual predators are sent to prison as punishment for their crime,” she said in the letter.
“Victims of these types of sexual assaults struggle for years to cope with the damage done to their lives, and knowing that there is more just punishment to those that perpetrated these assaults my provide some solace to these victims,” Smith wrote.
Santa Clara County District Attorney Jeff Rosen reiterated his disappointment with the sentence in a statement released Friday.
“If we had our way, Brock Turner would be in state prison serving a six year sentence, not going home,” Rosen said.
“However, our focus today is on a bill that will require a state prison sentence, not probation, for anyone convicted of sexually assaulting an unconscious person. With the Governor’s signature, the next Brock Turner will go to prison,” Rosen said.
Nita Chaudhary, co-founder of women’s rights group UltraViolet, said in a statement that she thinks Persky did not take Turner’s crime seriously.
“While Brock Turner is free because of Judge Persky, the epidemic of rape and sexual violence against women is a national problem where too often our so-called justice system excuses rapists and normalizes sexual violence against women,” Chaudhary said. “This is unacceptable and needs to change.”