Judge who was lenient in Stanford sex assault cleared

Sentencing was within parameters, panel concludes.

LOS ANGELES — The Commission on Judicial Performance concluded Monday that a Santa Clara County judge did not engage in judicial misconduct when he gave a lenient sentence to former Stanford swimmer Brock Turner following his conviction for sexual assault. Turner is a former Ohio swimming standout and a graduate of Oakwood High School.

Judge Aaron Persky’s sentencing was within “parame- ters set by law and was therefore within the judge’s discretion,” the commission wrote in its ruling. The commission, an independent state agenc y, announced that it was closing its investigation on Persky.

“The commission has concluded that there is not clear and convincing evidence of bias, abuse of authority, or other basis to conclude that Judge Persky engaged in judicial misconduct warranting discipline,” the panel said.

The decision comes after Persky faced widespread criticism and a recall campaign following his sentencing of Turner in June. Persky was moved to a civil court in San Jose.

Persky had sentenced the then-20-year-old Turner to six months in count y jail and three years’ probation for sexually assaulting an unconscious woman behind a d u mpste r o n c a mpus. Because of California’s felony sentencing realignment, Turner served only half the sentence.

At the time of the sentencing, Persky said a harsher penalty would have a “severe impact” on Turner.

Critics said the sentence was too lenient and set an ominous precedent for sexual assaults on campuses.

Turner’s victim, known as Emily Doe, said the judge’s sentencing “mutes the word ‘justice.’ ”