Swimmer sex-case judge details ruling

SANTA CLARA, Calif. — A judge who is facing a recall effort over the sexual-assault sentence he gave a former Stanford University swimmer is publicly defending himself for the first time, saying it’s his job to consider lighter sentences for first offenders and that he cannot allow public opinion to factor in his decisions.

“California law requires every judge to consider rehabilitation and probation for first-time offenders,” Superior Court Judge Aaron Persky wrote in the statement filed with the Santa Clara County Registrar of Voters.

The statement makes no direct reference to Brock Turner. The six-month sentence Persky gave Turner last year spurred anger and brought on the recall effort.

It cites a review of Persky’s rulings that found that he followed the recommendations of the parole board in every similar case, suggesting that Turner did not receive special treatment for his status as a white collegiate athlete, as many critics have suggested.

“As a judge, my role is to consider both sides,” Persky says in the statement. “It’s not always popular, but it’s the law and I took an oath to follow it without regard to public opinion or my opinions as a former prosecutor.”

Persky added that he “fought vigorously for victims” when he was a prosecutor.

If approved by the county, Persky’s statement will appear on the petitions for his recall, along with a statement filed by his opponents.

Those opponents, a group led by Stanford University law professor Michele Dauber, filed paperwork Monday with the registrar in the first formal step toward removing Persky.