Judge Aaron Persky sentenced Stanford student Brock Turner to just 6 months in jail for sexually assaulting an unconscious woman, sparking outrage around the world.
The victim penned a powerful letter eloquently describing the impact of Turner’s crime on her life. It’s been read millions of times and was even read in its entirety on CNN.
But Judge Persky, in handing down a light sentence, was more compelled by the arguments of Turner and his lawyers, who relied on a favorable report by a state probation officer.
But just what were those arguments? The Superior Court of California released a trove of documents Thursday night that provide more insight. Key among them are: a memo from the defense arguing for an unusually light sentence, a report from a state probation officer arguing for the same, and numerous letters from friends and family of Turner.
Here’s a review of some of the arguments presented in these documents:
The Defense Memo
No one knows when the victim lost consciousness.
In order to convict Turner, the jury needed to decide — beyond a reasonable doubt — that the victim did not consent. Turner’s lawyers, however, still consider this an open question since the jury’s finding was based on “circumstantial evidence.”
The prosecutor is responsible for the defendant’s emotional trauma.
Turner’s lawyer argue that the prosecutor asked “offensive questions” during the trial and showed too many photos of the victim unconscious.
People aren’t really adults until they are 23.
Turner was 19 at the time the crime was committed.
Turner is a “fundamentally a good young man” who made bad choices for “20 minutes.”
This mirrors the argument made by Turner’s dad to the court.
The Probation Report
Brock never used illicit drugs and never used alcohol prior to attending Stanford.
Evidence released by the prosecution suggests all of this was false.
Turner expressed “sincere remorse.”
This is questionable since Brock also claims that the victim was conscious and consented to all sexual activity that evening. He expressed remorse for drinking.
The case is “less serious” than other sexual assaults because Turner was drunk.
Brock “already surrendered a hard earned swimming scholarship.”
The Letters
Turner admits his “mistake” of drinking too much.
He seems to miss the distinction between sexual assault and sexual promiscuity.
Family friend: Brock’s “personality did not appear to reflect the charges brought against him.”
This letter was singled out in the defense memo as particularly relevant because the writer is a doctor.
Brock’s employer: “In many ways, Brock has already paid for what happened.”
This fits a theme that the justice system didn’t need to impose actual punishment since it had already taken so much away from him.
Grandparents: Brock is being punished for “the actions of other responsible adults.”
The community has been less persuaded by these arguments. There is an organized recall petition against Judge Persky and scores of potential jurors are refusing to serve in his courtroom.