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'Shame on you:' Juror writes letter to judge after Stanford sexual assault trial

By Cox Media Group National Content Desk
June 15, 2016

In the wake of a sexual assault trial against former Stanford swimmer Brock Turner, 20, a juror who served during the case wrote a letter to Judge Aaron Persky with his reaction to the sentence in the case.

Persky, 54, sentenced Turner to six months at Elmwood Jail in Milpitas, California, and three years of probation -- a sentence the juror described as a "ridiculously lenient."

Some have speculated the short sentence may be due in part to Persky's ties to Stanford. He graduated the university with a Bachelor's Degree in International Relations and a Master's Degree in International Policy Studies. He was also a student-athlete, serving as captain of the lacrosse team at Stanford, according to a 2002 article in the Stanford Daily.

At the sentencing, Persky said he considered Turner's character, lack of criminal history and remorse when deciding the sentence.

"A prison sentence would have a severe impact on him," he said. "I think he will not be a danger to others."
Prosecutors had called for six years in state prison for Turner's crime of sexually assaulting an intoxicated woman on Stanford's campus. He was convicted of assault with intent to commit rape, penetration of an intoxicated and unconscious person on March 30.

"The question that I have to ask myself is, 'Is state prison for this defendant an antidote to that poison?'" Perksy said at the sentencing. "Is incarceration in prison the right answer for the poisoning of (the woman’s) life?"

"It seems to me that you really did not accept the jury's findings," the 30-year-old male juror wrote to Persky in a letter that was published on Palo Alto Online. "We were unanimous in our finding of the defendant's guilt and our verdicts were marginalized based on your own personal opinion."

Booking records from the County of Santa Clara show Turner will likely get out on September 2 if he exhibits good behavior. Turner, who was booked on June 2, would serve just three months in jail.

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"Shame on you," the juror wrote. "Justice has not been served in this case. The jury's verdict of guilt on all three felony counts of sexual assault was completely disregarded in an effort to spare the perpetrator a 'hardship.'"

The juror, who said he was "shocked and appalled," said the sentencing made "a mockery of the whole trial and the ability of the justice system to protect victims of assault and rape."

"This punishment does not fit the crime," he said.
"Clearly there are few to no consequences for a rapist even if they are caught in the act of assaulting a defenseless, unconscious person," he said, noting he had hoped that the case would be "a very strong deterrent to on-campus assaults."
"Women like (the victim) suffer daily from similar crimes, and I fear your sentence will make these victims less willing to report their attacks," he wrote.
>> Read the full letter on Palo Alto Online or scroll below.

Persky was later removed from hearing an unrelated sexual assault case in which a former male Kaiser Permanente surgical nurse will be tried for the alleged sexual assault of a sedated patient.

"After this and the recent turn of events, we lack confidence that Judge Persky can fairly participate in this upcoming hearing," Santa Clara County  District Attorney Jeffrey Rosen said in a statement Tuesday.

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"To Judge Aaron Persky:

"I was a juror in the Brock Turner trial. I have to be honest and say that I was not happy that I was selected for the jury given my work responsibilities, but once I was in the box, I took my civic responsibility very seriously.

"Personally I have absolutely no doubt that Mr. Turner is guilty as charged and as convicted on all three counts. The predominantly male jury reached consensus of guilt on all three counts within two days of deliberation. In light of that quick and decisive finding, I was absolutely shocked and appalled when I heard on June 2 about the minimal sentence you announced that Mr. Turner would serve for this crime. After the guilty verdict I expected that this case would serve as a very strong deterrent to on-campus assaults but with the ridiculously lenient sentence that Brock Turner received, I am afraid that it makes a mockery of the whole trial and the ability of the justice system to protect victims of assault and rape. Clearly there are few to no consequences for a rapist even if they are caught in the act of assaulting a defenseless, unconscious person.

"I recently became an American citizen after being in the country for over 30 years. This was my first experience as a juror and frankly I am disappointed.

"Although I wasn't in the court for the sentencing, you were reported as having said:

"'A prison sentence would have a severe impact on him ... I think he will not be a danger to others.'

"Isn't that the point ... a sentence should have a severe impact on Mr. Turner just as the event for which he has never expressed sorrow or regret has had on Ms. Doe. Also, given Mr. Turner's complete lack of credibility, I certainly would not assume that he will not be of danger to others. Witnesses describe his predatory behavior both the evening of the assault and on at least one other previous occasion, which is evidence of a pattern of dangerous behavior.

"It was also reported that you acknowledged the difficulty of trying to balance the jury's guilty verdict with your belief in the events as Mr. Turner described them. A jury of 12 people found Mr. Turner guilty of three charges, but you, despite the information that came to light during the trial and the subsequent sentencing memos filed by both sides, chose to disregard the jury's findings and other evidence and believe the defendant's self-serving version of events. And you disregarded the findings that he had lied about prior alcohol and drug use in high school. You chose to find the defendant credible on the basis of irrelevant character witness testimony; I find that impossible to understand.

"During the sentencing, you said, "The trial is a search for the truth. It's an imperfect process. But after the trial all sides should accept the jury's findings." It seems to me that you really did not accept the jury's findings. We were unanimous in our finding of the defendant's guilt and our verdicts were marginalized based on your own personal opinion.

"You had to justify that there were "unusual circumstances" to give Mr. Turner less than the two year minimum sentence for his crime. But the unfortunate fact is, these circumstances are not unusual. Women like Ms. Doe suffer daily from similar crimes and I fear your sentence will make these victims less willing to report their attacks.

"This punishment does not fit the crime. Mr. Turner, convicted of 3 felony counts of sexual assault, will serve 3 months in county jail since he is scheduled to be released on September 2. And Mr. Turner is going to appeal the verdict, which not only is a complete waste of tax payers' money but could mean, if he gets off, that he will not even have to register as a sex offender. How unjust would that outcome be, the slate wiped clean for a 3-count convicted sex offender?!

"Justice has not been served in this case. The jury's verdict of guilt on all three felony counts of sexual assault was completely disregarded in an effort to spare the perpetrator a 'hardship'. What message does this send to Emily Doe, and indeed all victims of sexual assault and rape, especially those on college campuses? Your concern was for the impact on the assailant. I vehemently disagree, our concern should be for the victim.

"Shame on you.

"A Concerned Juror"

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