Stanford swimmer loses in effort to get retrial
SAN FRANCISCO — An appeals court on Wednesday rejected a former Stanford University swimmer’s bid for a new trial and upheld his sexual assault and attempted rape convictions. The three-judge panel of the 6th District Court of Appeal in San Jose ruled Wednesday that there was “substantial evidence” that Brock Turner received a fair trial.
In 2016, a jury convicted Turner of sexually assaulting an intoxicated and unconscious woman outside an on-campus fraternity party. The case got national attention after the victim’s powerful statement, which she read in court before Turner was sentenced, was shared widely online.
She recounted the assault, her treatment by investigators and the ordeal of facing questions about her sexual activity and drinking habits.
Judge Aaron Persky rejected a prosecutor’s demand for a lengthy prison term and instead sentenced Turner to six months in jail. He was released from jail in September 2016 after serving three months. Persky’s sentence sparked nationwide outrage among those who felt it too lenient, and voters recalled Persky in June.
The sentence was not part of the appeal and the judges didn’t address it.
Turner filed an appeal in December seeking a new trial, arguing that the evidence presented at his trial didn’t support his convictions. The jury convicted him of sexually assaulting an intoxicated victim, sexually assaulting an unconscious victim and attempting to rape her.