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California

CA: Judge Aaron Persky recalled over Brock Turner sentencing

[abc7news.com – 6/6/18]

SAN JOSE, Calif. (KGO) —
Voters have recalled Judge Aaron Persky from office after he sentenced a former Stanford University swimmer convicted of sexual assault to a short jail sentence instead of prison.

Persky sentenced Brock Turner in June 2016 to six months in jail instead of prison after he was convicted of sexually assaulting a woman outside a fraternity house. The recall campaign launched shortly afterward.

The campaign gained national prominence after the victim’s powerful courtroom statement lamenting her treatment by the judicial system was circulated widely online.

Turner ultimately was released after 3 months, in September of 2016, because of good behavior.

The recall effort was spearheaded by Stanford law professor Michelle Dauber. Several rallies were held, and an estimated $1 million in campaign donations were raised.

The Recall Persky Campaign issued the following statement by Dauber.

“We are cautiously optimistic. Tonight’s results mirror what we heard while we were out talking to voters. We are thankful for our supporters and every person who donated their time – it truly made a difference.”

Judge Persky remained silent until a month ago when he spoke to reporters for the first time at a private residence in Palo Alto. He held a public rally on the plaza outside the County Government Center eight days before the election, surrounded by fellow judges from the Superior Court and District Attorney Jeff Rosen

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  1. Counting the days

    I sent an email to Ms.(?) Dauber expressing my viewpoint. I told her she has only weakened the justice system by removing a fair and impartial judge that hands out punishment based on the facts and not public opinion.

  2. Matt

    Okay, so the “Stanford Law Professor” just totally undermined the rule of law, and everything that our judicial system stands for. Great times! Remember friends; This slime bag is training the future “best of the best” lawyers. Now that Persky is gone, for following the suggestion of the Probation Department, how many judges do you think will let registrants off the hook in 2021? The great bait and switch of 2017 is complete. Show me one judge, anywhere in California-Stan, who will let any registrant off the list after this disgusting display of horrid nastiness. That said: There is only one thing to do. There is one group of judges who can’t be recalled. Everybody, and I do mean everybody, knows the registry is bogus. And it violates numerous sections of the US Constitution. It’s time to find the right case, and take it forward. The entire registry is un-american, and it violates our most important set of rules. No more tiers. No more ranking. The whole thing is a scam. And everybody knows it. (Including, and especially, those who promote it.) No more divide and conquer. The whole group, nationwide, needs to get in the fight. There are more homeless people in LA County than there are SO’s in all of California-Stan. This needs to be a nationwide fight, and it needs to go to the Supreme Court. They can’t be recalled folks! We need thr right case; because the consequences are stiff. But really; What do we have to lose?

    • Anonymous Nobody

      You are 99% right on, Matt. The 1% is the part where you say everyone. No, not everyone “knows the registry is bogus. And it violates numerous sections of the US Constitution. It’s time to find the right case, and take it forward. The entire registry is un-american, and it violates our most important set of rules. No more tiers. No more ranking. The whole thing is a scam.”

      THIS group does not know that, THIS group made a MAJOR cheerleading fight in FAVOR of that, THIS group pushed fake “tiers,” pushed a major building of the bureaucracy to do rankings and evaluations — and be our worst enemy, an army to fight any diminishing or elimination of registration ever, their jobs and the union are now dependent on it like the prison lobby — this group WANTED registration and tiers that were not even tiers, are simply renamed CORs with pretty much the same standard as a COR to meet. A tier would end your registration with no further investigation, or ranking, you did your time, its over. We did not push for that, we didn’t even present an alternative, we went crazy in love with the BS proposal you just criticized — and you correctly suggested the courts will not be letting everyone off who reaches their tier level, as was insisted here contrary to what that bill said. And at some point, politics will make it so hardly anyone gets let off, just likd with the CORs.

      And don’t be surprised if sometime after you get you the relief, they again adopt a retroactive law to make you start registering again, as they have done multiple times in the past — and which remains unaddressed by this fake tier law, there remain plenty of people who have not registered because they don’t know they were retroactive required to start that again, and their fake tier plan does nothing for them — their offense could 30, 40, 50 or more years ago, and this tier plan would subject them to at least 9 more years of registration to even be able to as for a COR, I meant a fake tier release. This could happen to everyone here even after this tier release — if they are lucky enough to get it. Without outlawing retroactivity, no relief can be counted on.

      You are right, Matt. Unfortunately, most others here were swayed by the powers that be here into undermining any hope going forward. I could not believe after the measure for fake tiers was passed hearing here virtual surprise that the state people told us we could not have even any tweak between now and 2021 when the law kicks in. Of course not, like I said for a long, long time here, we would get one shot only, and we better get it right. We instead cheerleaded, and extremely so, the worst proposal that could have been dreamed up, not merely the wrong proposal, the worst.

      Its over now. We can run around the edges and exert a lot of resources for little things here and there, and that’s about it.

      Re a major suit to attack registration, too late now at SCOTUS level, Kennedy will announce his retirement later this month or next month, and Trump will make the appointment that makes SCOTUS a lock at a guaranteed majority of foaming at their mouths, off the deep end, extreme, fanatic right wingers in control of all at the court, a lock on five votes of that no mater the case or evidence or arguments, instead of the now four votes and occasional break with them of Kennedy. And Ginsburg can’t last much longer, Trump will probably get to replace her too, making a super lock of six votes. SCOTUS is lost for the rest of our lives — our chance is gone, was wasted.

      And the CA judiciary just was reminded of the Bird court recall with the Pensky recall — they are not going to be overturning the registration laws anytime in the next couple decades at least. No way. A judiciary root to that is lost for the long term.

      We blew our one chance — one chance as I said so many times, but this group would not listen.

      You are 99% right, Matt, but unfortunately too late.

  3. mike r

    Yep that is CA as()*& backwards proposition policies. They can sure recall a judge for doing his job but they cannot even recognize what the solicitor general did in the McKlune v Lile case. This is messed up to say the least.

    • kind of living

      @ mike r you right that was some dirty court action in the MC Klune v Liles case , and has gone on to affect the nation , Justus Stevens was the only one looking at the constitution at the time of that case , the judges acted like the state could not or would not at a later date charge him for new crimes , and what if there was no new info of his past to give ? what you suppose to just make shit up for brownie points just to end up convicted , a person is to trust the prison system ? give us a break , thank you for sharing

      • The Static-99R Is A Scam

        Justice Stevens was joined by Ruth Bader Ginsberg, as well as Breyer and Souter, in McKune v. Lile’s dissent. Somewhat similar composition in Smith v. Doe, except Ginsburg wrote the main dissent — which was joined by Breyer. Stevens wrote a separate dissent, concurring and dissenting in part, that said registration should only apply to those after Megan’s Law’s enactment. Strangely, in Smith, Souter decided to join the “conservatives.”

  4. Agamemnon

    CA politicians have been revoking judicial power for decades under “mandatory sentencing” laws, effectively making judges a formality.

    And one time a judge shows leeway with the powers bestowed upon him, he’s ousted. How long before zealous politicians do away with judges in the courtroom altogether?

    One thing that is overlooked in all these news stories covering the honorable Judge Persky is that he freely admitted one factor he took into account when doling out his sentence was the effect the registry was going to have on the rest of the defendant’s life.

    • concerned

      Perhaps honorable Judge Persky could join with the ACLU and help lead the fight in these unjust laws since he is now a collateral victim of them now as well!

      • TS

        If the Honorable Judge Persky would like to assist with the effort to rid the world of the registry, I think that would be a worthwhile endeavor and a feather in the cap getting rid of it.

  5. Ca

    Remember my fellow registered citizens, the majority of people, are ignorant and under educated, yet have voting powers!
    The sentence was appropriate, remember only a registered citizen knows what it is like to be a registered citizen!

  6. The Unforgiven

    I still can not figure out all the disgust of this situation. Turner’s life is over as he is now one of us. Why don’t all these hateful people find comfort in that? Another 6 months or a year in jail means nothing.

    • Tim Moore

      They don’t know what it is like and therefore care even less. They all think all we care about is getting off on illegal sex any and all ways. They think we are living in a pleasant land of legal loopholes and stashing hundreds of children in a secret cave or somewhere in a hole in the wall, maybe getting caught now and again and going to jail for a few months and then getting out. They don’t know, unless one speaks up and tells them. Then it is like fishing, maybe one will bite the truth, but most swim by in their merry oblivion. But the media has been using big drag nets, and we got to be persistant, a lot of poles in the water.

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