Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Eric Risberg
California

Judge in Stanford rape case removed from new sex assault case

There have been calls for his removal after he sentenced a former Stanford swimmer to six months for sexually assaulting a young woman passed out from too much drink.

A NORTHERN CALIFORNIA judge at the center of a recall campaign after his handling of a Stanford University sexual assault case was removed from a new sexual assault case by the local district attorney today.

Santa Clara County District Attorney Jeff Rosen used a prosecutor’s authority to disqualify a judge to block transfer of the new sexual assault case to Judge Aaron Persky.

Persky has endured widespread criticism and calls for his removal earlier this month after he sentenced former Stanford swimmer Brock Turner, 20, to six months in jail for sexually assaulting a young woman passed out from too much drink at a fraternity party where they had met.

Persky was briefly transferred a case to decide whether a former San Jose nurse should stand trial on charges he sexually assaulted a patient while she was sedated. Each side in criminal cases is allowed one motion each to remove a judge from a case and have it assigned to another judge, but such a move is rare.

The prosecutor’s so-called “papering” of Persky comes days after several potential jurors told the judge they couldn’t serve on a jury in his courtroom because of the Turner sentence.

The prosecutor removed Persky from the new sexual assault case the day after he tossed out a misdemeanor theft trial before it reached the jury. On Monday Perky ruled that prosecutors had not proven their theft case during the two-day trial and dismissed the case and the jury before deliberations started.

In a prepared statement the district attorney said, ”We are disappointed and puzzled at Judge Persky’s unusual decision to unilaterally dismiss a case before the jury could 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 sexually assaulted an anesthetized female patient.

The district attorney said he hasn’t decided whether he will disqualify Persky from all new sexual assault cases that may get assigned to him in the future.

Persky didn’t respond to requests for comment.

Read: Judge under fire as Stanford University sex attack sparks outrage in US>

Read: “Rape is rape”: Stanford graduation overshadowed by protests over sex attack>

Author
Associated Foreign Press
Your Voice
Readers Comments
20
    Submit a report
    Please help us understand how this comment violates our community guidelines.
    Thank you for the feedback
    Your feedback has been sent to our team for review.