In a statement submitted to the Santa Clara County Registrar and that appeared on the ballot, Persky defended himself by saying, “As a prosecutor, I fought vigorously for victims. As a judge, my role is to consider both sides. California law requires every judge to consider rehabilitation and probation for first-time offenders. 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.”<doc-sep>Persky, 56, is now likely to be replaced by Cindy Hendrickson, who led in votes to finish out his term’s final four years and supported the recall measure, the Chronicle reported.<doc-sep>Click here for the latest 2018 California Primary election results in the Bay Area and statewide. The judge whose controversial sentence in a sexual assault case sparked national outrage was booted out of office Tuesday, the first sitting judge to be removed from office in California in nearly a century. Judge Aaron Persky became the target of a well-financed recall campaign aimed at convincing Santa Clara County voters to unseat him after he sentenced former Stanford swimmer Brock Turner to six months in jail for the sexual assault of an intoxicated, unconscious woman outside a campus frat party. VIDEO: Leader of the recall Judge Persky campaign reads emotional response. CLICK HERE if you are having trouble viewing the video or photo gallery on your mobile device. Stanford law professor Michele Dauber, who led the recall campaign, hailed the outcome. “The vote today — if the numbers hold — is a vote against impunity for high-status offenders of domestic violence and sexual violence,” Dauber said, adding in reference to the victim that, “This victory is not just for Emily Doe, but for girls and women everywhere.” Recall opponent LaDoris Cordell told KPIX that it was unlikely Persky could catch up. “This is a sad day for the California judiciary,” said Cordell, a former Santa Clara County judge who was active in the campaign against the recall. Start your day with the news you need from the Bay Area and beyond. Sign up for our new Morning Report weekday newsletter. Persky’s decision in the Turner case two years ago sparked widespread fury, fueled by the victim’s powerful impact statement that rapidly spread worldwide on social media and was read aloud in Congress and on national television. In rejecting prosecutors’ request for a six-year prison sentence, the judge said he took into consideration factors such as Turner’s age and lack of a criminal record, the victim’s trauma and the fact that both were drinking. His supporters say it was a lawful sentence, recommended by the probation department, whose advice he often follows. But recall proponents say Turner’s punishment was far too light for the crime and contend the judge has a history of being lenient on men who sexually molest or batter women. Turner wound up serving three months under a policy aimed at reducing jail overcrowding. He’s also required by state law to register as a sex offender for the rest of his life. Persky is only the fifth judge in California history to be booted out of office before his term is up — and the first in 86 years. Only four judges have been recalled in California since 1911 when recalls became legal in the state. One was in San Francisco in 1913 and three were on the same ballot in Los Angeles in 1932. In 1986, three state Supreme Court justices were removed from office, including Chief Justice Rose Bird, but it was during a general election, not a recall. She was removed in the November 4, 1986 election by a margin of 67% to 33% after a high-profile campaign that cited her categorical opposition to the death penalty. Two candidates ran on the same ballot to succeed Persky: civil attorney Angela Storey and prosecutor Cindy Hendrickson, who supported the recall and appears to have won. The recall — and the broader social questions it raises about violence against women, the justice system’s treatment of sexual assault victims and the latitude judges have to punish defendants — played out just as the #MeToo movement against sexual assault and harassment is sweeping the country. A host of men accused of harassment already have lost their jobs, including TV news anchor Matt Lauer, New York State attorney general Eric Schneiderman and Santa Clara City Councilman Dominic Caserta. “I felt Judge Persky was sadly mistaken,” said Campbell resident Leslie Dunscomb, a graphic designer who voted to recall the judge. “Brock Turner got an easy ride because of his stature as a Stanford student and his family connections. I believe he should have been in prison. If it had been my husband he’d be in jail because he wouldn’t have had the money to hire a high- powered attorney.” Recall supporters said Persky should be held accountable for failing to punish Turner more severely. They believed the recall, endorsed by state senator and candidate for governor Kevin de Leon, New York Sen. Kirsten Gillibrand and the California Nurses Association, among others, was necessary to send a message that the community needs judges who take violence against women seriously. Recall opponents, including Santa Clara County District Attorney Jeff Rosen and Public Defender Molly O’Neal, pointed out that the sentence already had led to meaningful change. The case inspired the Legislature to pass new state laws, including one that requires judges to send anyone convicted of sexually assaulting an unconscious or drunk person to prison for at least three years. Get breaking news, sports, entertainment and other free email newsletters. Check out the full list and sign up now. Retired engineering manager David Yick agreed with opponents and voted against the recall. “I think he did his job,” the Los Gatos resident said. “He followed the recommendations. It’s an emotional kind of issue and I understand that and they’ve made some changes legislatively, which is where they should. Not pick on the judge.” Related Articles Will the removal of Brock Turner judge prompt a new legal battle? Editorial: What next in the wake of the Persky recall? Persky recall: How did Brock Turner’s sentence lead to this? The judge’s supporters also said recalling Persky would exacerbate injustice by frightening other judges into imposing longer sentences. They argued that independence from popular opinion is what has allowed judges to rule on civil rights, integrated schools, free speech, access to birth control and marriage equality. Replacement candidate Storey, a rape victim herself who has discussed her ordeal during the campaign, called the recall a “dangerous precedent” and said voters should focus on changing laws when they disagree with outcomes rather than removing judges. Hendrickson has declined to comment on the Turner case.<doc-sep>
A campaign to recall Santa Clara County Judge Aaron Persky succeeded on Tuesday, two years after he issued a highly criticized sentencing in a sexual assault case that sparked a worldwide discussion about rape culture and the justice system. With nearly 50 percent of precincts reporting, 59 percent of the voters expressed support for the recall against 41 percent, according to the San Francisco Chronicle. Assistant District Attorney Cindy Hendrickson looked set to win a majority of votes to serve Persky's remaining term of four years. Persky became the fifth judge in California's history to be recalled since the practice became legal in 1911. A judge was recalled in 1913 in San Francisco and three judges were ousted in Los Angeles in 1932, according to The Mercury News. Stanford Law School Professor Michele Dauber, who launched and led the recall campaign in 2016, celebrated the result and remembered how few expected her efforts to succeed. "But nevertheless, we persisted," she wrote on Twitter, concluding the post with the #MeToo hashtag. The movement that forced a global reckoning about sexual violence has since proved its relevance at the ballots and in court. "The broader message of this victory is that violence against women is now a voting issue," Dauber told Associated Press. Persky declined to comment. The judge gained worldwide notoriety following his controversial ruling in the 2016 trial of Stanford student Brock Turner, who was found guilty of three felony charges—assault with intent to rape an intoxicated woman, sexually penetrating an intoxicated person with a foreign object and sexually penetrating an unconscious person with a foreign object. The trial had received worldwide attention following the publication of the victim's heartfelt statement eloquently describing the lasting impact of sexual assault trauma on survivors. Persky sentenced Turner to only six months in prison rather than the six years demanded by the prosecutors, or the 14 years' maximum sentence the charges allowed for. He cited Turner's clean record, intoxicated state and concerns over the "severe impact" of a prison sentence. The sentence was widely criticized as too lenient. Turner, who was also required to register as a sex offender for the rest of his life, spent only three months in prison before being released. His legal team filed a brief to request a new trial in December, hoping to overturn the registration requirement. Persky was subsequently removed from another sexual assault case. Dauber, a family friend of the sexual assault survivor, identified as Emily Doe in court documents, launched the Recall Judge Aaron Persky campaign shortly after the ruling to ensure Persky would be ousted from the bench before the end of his six-year term in 2022. Persky called a press conference in May in which he defended his ruling as following the rule of law rather than public opinion. He compared his decision to the unpopularity of the Brown v. Board of Education that ended school's racial segregation. Dauber found the comparison "absurd," as she wrote in a statement to Newsweek last month. "The Supreme Court bravely ruled with the powerless against the powerful. In Brock Turner's case, Persky did the exact opposite," Dauber said. "Persky has repeatedly abused his discretion on behalf of abusers. As a result, voters in this county have lost confidence in his ability to be fair," she added at the time, anticipating Tuesday's result.