Judge accused of leniency in sex cases
Man who possessed 14,000 images, 50 videos of children engaging in sex acts was only given one year in county jail, rather than two years in state prison
Echoing the Brock Turner sentencing controversy, prosecutors are trying to remove a San Mateo judge from a child sex case, based on his record of imposing penalties they regard as too lenient.
The case — involving a former teacher at St. Matthew’s Episcopal Day School charged with photographing children as young as 5 in suggestive poses — pits prosecutors and parents against defense attorneys and some academics at a time of great public upheaval over sexual harassment and assault.
Until prosecutors moved to disqualify him, Judge Donald Ayoob was scheduled last week to hold the first pretrial conference for former teacher Anthony Satriano, who faces up to 20 years in state prison. The District Attorney’s Office also has filed two other peremptory challenges recently against the judge.
“Our concern is that Judge Ayoob will not deem this case (Satriano) as serious as we believe it is,’’ said Chief Deputy District Attorney Karen Guidotti. “Our concern formed from his sentencing in other matters.’’
Guidotti cited Ayoob’s record — including his decision last week to sentence a man who possessed 14,000 images and 50 videos of children as young as 9 engaging in sex acts to a full year in county jail — rather than the two years in state prison the prosecution wanted. Under California law, the
man also has to register as a sex offender for the rest of his life.
But Satriano’s lawyer Steven Chase called Ayoob an “outstanding jurist’’ and a “beacon of reason.’’ Chase said Satriano should serve time in county jail, not prison.
“Judge Ayoob is interested in rehabilitation, and believes that prison is for people who commit violent crimes,’’ Chase said. “I believe that the prosecution is motivated in seeking a prison sentence by the pressure of the parents and their constant phone calls.’’
The fate of the peremptory challenge in the Satriano case is unclear. Chase said prosecutors lost their chance to disqualify the judge without having to provide an explanation because they filed their peremptory challenge four days late. A judge is set to decide Friday whether the challenge was timely. Ayoob is not allowed to comment on pending matters.
Defense lawyers also file motions to disqualify judges they don’t like, often more frequently than prosecutors, including in San Mateo County, noted District Attorney Steve Wagstaffe. But such peremptory challenges don’t garner much public attention and therefore have a relatively limited effect on other judges. In contrast, sustained public pressure on judges in sex cases could have potential long-term negative effects, some defense attorneys say.
“Whipping up a mob mentality erodes the guarantee that everyone will be treated fairly and encourages judges to test the political winds before making decisions, rather than doing what they believe is just under the circumstances,’’ said Damon Silver, an assistant Santa Clara County public defender.
“For this reason, almost all rational voices in the legal community, ether conservative or liberal, have opposed targeting judges for unpopular rulings. Sadly, marginalized communities, such as communities of color, will suffer the most severe consequences of this misguided behavior.’’
The Ayoob case comes during heightened concern that victims of sexual assault have not been treated seriously — a sentiment widely shared after allegations surfaced in October about the movie mogul Harvey Weinstein, who was fired from his Hollywood company. Such allegations have led to terminations, resignations and denials by other high-profile figures, including actor Kevin Spacey, Rep. John Conyers and Alabama U.S. Senate candidate Roy Moore.
In Santa Clara County, Judge Aaron Persky sparked outrage 18 months ago by giving former Stanford swimmer Turner six months in jail for sexually assaulting an intoxicated, unconscious woman. He is currently the target of a well-financed recall campaign aimed at the June ballot and led by Stanford law professor Michele Dauber.
One St. Matthew’s parent said Ayoob needed to catch up with the times.
“Having a 1950s judge like Ayoob in San Mateo is crazy,’’ said the parent who asked not to be identified to protect her children’s anonymity. “There’s no place for judges like that today.’’
Satriano, 33, of South San Francisco, was arrested this spring and charged with 12 felony counts of using a minor to engage in an act for his sexual purposes, two counts of lewd and lascivious acts upon a child, one count of attempted lewd and lascivious acts upon a child and possession of child pornography, according Wagstaffe.
“These kids were like lambs to the slaughter, too young to defend themselves,’’ said a parent whose children attend St. Matthews, adding that Satriano should be sentenced to prison.
The judge has made other sentencing decisions recently that strayed from what the prosecution and probation department suggested. For instance, Gary Chow, a contract security supervisor at Sequoia Hospital in Redwood City who pretended to be a doctor and sexually assaulted two women, got one year in county jail. The District Attorney’s Office had sought three years in state prison.
In Ayoob’s case, the controversy may be relatively short-lived compared to the Persky matter. Ayoob’s one-year term as presiding judge of the criminal division will end this year, and he will serve next year as a general judge hearing a variety of cases. His successor may be more to the liking of victims: Judge Stephanie Garratt, a former prosecutor known to be tough on crime.
Contact Tracey Kaplan at 408-278-3482.