Posted on 12/03/2017 3:46:21 PM PST by nickcarraway
Former Stanford swimmer claims due process violations, including prosecutorial misconduct
A former Stanford swimmer whose light sentence for sexually assaulting an unconscious woman outside an on-campus fraternity party drew widespread criticism is appealing his conviction on grounds that include prosecutorial misconduct.
n a 172-page brief filed Friday in the Sixth District Court of Appeal, Brock Turner also takes aim at embattled Santa Clara County Superior Court Judge Aaron Persky for not instructing jurors to consider lesser criminal charges in their deliberations and excluding testimony from character witnesses that might have otherwise convinced them Turner was telling the truth when he claimed the sexual contact was consensual.
Persky’s decision to sentence Turner to just six months in county jail — at the recommendation of a probation officer — and the victim’s impassioned 12-page statement about her ordeal drew national outrage. Persky is now the target of a recall effort.
Turner was found guilty in March 2016 of assault with intent to commit rape of an intoxicated woman, sexually penetrating an intoxicated person with a foreign object, and sexually penetrating an unconscious person with a foreign object. The basis of the conviction was a Jan. 18, 2015 encounter where he was seen thrusting his hips atop an unconscious, partially clothed woman outside the Kappa Alpha fraternity. Two Stanford graduate students who were bicycling by called police and chased down Turner, who as a result of his conviction has to register as a sex offender for the rest of his life.
“Brock Turner received a fair trial and was justly convicted,” Santa Clara County District Attorney Jeff Rosen said late Friday. “His conviction will be upheld. Nothing can ever roll back Emily Doe’s legacy of raising the world’s awareness about sexual assault.”
(Excerpt) Read more at mercurynews.com ...
Yeah, good luck with that.
He should be happy with what he got.
He should probably keep his yapper shut, lest he get retried and get some REAL SERIOUS time.
Aw, poor widdle baby. He should have thought of that before raping the woman. Wonder if how many others never reported him.
a foreign object
**
?
Fingers.
Okay, thanks.
Not fingers. It was the presence of foreign material from the ground in her vagina that triggered this charge, dirt and pine needles as I recall.
How do you know he’s guilty? Women do lie about rape (e.g. the Duke Lacrosse case, Mattress Girl, The UVA frat case, and many, many others...just like there are many phony “hate crimes”), and getting a fair trial in N California is not likely. I know; I lived there.
highly intoxicated or unconscious person can’t give consent...
http://codes.findlaw.com/ca/penal-code/pen-sect-261.html
Your welcome.
You might recollect that they overcharged him.
They did not drop the two ‘rape’ charges until the last moment.
The other three charges are all from the same ‘assault’. So there should have only been one charge, not three.
On January 28, 2015, Turner was indicted on five charges
1.rape of an intoxicated person
2.rape of an unconscious person
3.sexual penetration (by a foreign object) of an unconscious woman
4.sexual penetration (by a foreign object) of an intoxicated woman
5.assault with intent to commit rape
From Wikipedia.
https://en.wikipedia.org/wiki/People_v._Turner#Indictment_and_charges
These were summarized as
“two counts of rape,
two counts of penetration
and one count of assault with intent to rape”.
The two formal charges of rape under California state law were dropped at a preliminary hearing on October 7, 2015,after DNA testing revealed no genetic evidence of genital-to-genital contact.
So should ‘highly intoxicated’ women be locked up for the safety of others?
If I recall correctly, it wasn’t the victim’s testimony. Someone riding a bicycle in the alley saw him. The victim was unconscious.
I do not believe that is correct.
I believe that claim (”the presence of foreign material from the ground in her vagina that triggered this charge, dirt and pine needles as I recall.” was widely made before trial.
However, I recollect that once the police reports were produced at trial, this claim was found to be false. I believe the report stated that there were these objects (dirt and pine needles) on her clothes.
I don’t think the Mattress Girl was proved to be lying, like the other two you mentioned.
There was plenty of evidence to show she was. Her subsequent behavior showed her to be a complete head-case, including the porn video she made. The matter never went to trial...wonder why? Because a conviction was impossible. Nevertheless, her victim was smeared and had to leave Columbia while she remained to display her psychotic feminism.
Two graduate students were cycling by, and saw Turner on top of an unconscious woman and confronted him and he ran off. These two witnesses did not know Turner or the victim, and seemingly have no reason to lie.
The whole case turns on intent, consent, consciousness,evidence allowed, etc. None of these things could be determined by people cycling by at night at a distance. I’m sure both were drinking, but there is no evidence of a date-rape drug. Even the Mercury News, a leftist rag, points out that the defendant is in danger of an unfair, highly politicized trial if he gets a retrial. Wonder why he’s taking that risk? The important issue is that the presumption of innocence and proof beyond a reasonable doubt are being discarded when women make sexual allegations. Women are raped and assaulted, but women also lie for lots of reasons. At my sons’ college one of their friends was accused of sexual assault. Unfortunately for the lying bitch, there was a closed circuit camera in the area, which showed nothing of the sort happened. Do you think that bitch is in prison? Dream on.
Ran or staggered?
Brock was over 2x the limit when tested - and that was 4-6 hours later.
The victim remembered nothing. Complete alcohol blackout. One of many.
There were also no witnesses from the frat party that they left.
Two very drunk young adults (one a student, one mad at her boyfriend) met up at a frat party. They apparently left together to go back to his place, but only made it to a secluded spot near the party.
Yes, the two bicyclists - also going to a party - rode by and decided to intervene because the woman appeared to be unconscious.
The time line between when they left and when they were found was not able to be clarified.
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