Aaron Persky, the California judge who drew national attention in 2016 when he sentenced a Stanford student to just six months in jail for sexually assaulting an unconscious woman, was recalled on Tuesday, according to The Associated Press. He is the first judge recalled in California in more than 80 years. With nearly all precincts reporting on Wednesday, just under 60 percent of voters were in favor of removing Judge Persky from the Santa Clara County Superior Court, where he had served since 2003. Cindy Hendrickson, a prosecutor, was elected to replace him. The recall stemmed from the case of Brock Turner, who sexually assaulted a woman near a dumpster in 2015 after she had blacked out from drinking. In March 2016, a jury found Mr. Turner, then 20, guilty on all three felony charges against him: sexual penetration with a foreign object of an intoxicated person, sexual penetration with a foreign object of an unconscious person, and intent to commit rape. The maximum sentence in Mr. Turner’s case was 14 years, and Judge Persky had sentenced him to six months. Mr. Turner served only three months before being released in September 2016. (He also received three years of probation and was required to register as a sex offender, and Stanford forced him to withdraw and barred him from campus.)<doc-sep>EMBED >More News Videos Aaron Persky, the judge at the center of a recall effort in Santa Clara County, broke his silence Tuesday. SAN JOSE, Calif. (KGO) -- Voters have recalled Judge Aaron Persky from office after he sentenced a former Stanford University swimmer convicted of sexual assault to a short jail sentence instead of prison.Persky sentenced Brock Turner in June 2016 to six months in jail instead of prison after he was convicted of sexually assaulting a woman outside a fraternity house. The recall campaign launched shortly afterward.The campaign gained national prominence after the victim's powerful courtroom statement lamenting her treatment by the judicial system was circulated widely online.Turner ultimately was released after 3 months, in September of 2016, because of good behavior.The recall effort was spearheaded by Stanford law professor Michelle Dauber. Several rallies were held, and an estimated $1 million in campaign donations were raised.The Recall Persky Campaign issued the following statement by Dauber. "We are cautiously optimistic. Tonight's results mirror what we heard while we were out talking to voters. We are thankful for our supporters and every person who donated their time - it truly made a difference. "Judge Persky remained silent until a month ago when he spoke to reporters for the first time at a private residence in Palo Alto. He held a public rally on the plaza outside the County Government Center eight days before the election, surrounded by fellow judges from the Superior Court and District Attorney Jeff Rosen.His side reportedly raised over $850,000, but part of that is in donated services. The pro-recall side included advocates for women, victims of sexual assault, and others demanding the judge be held accountable for his action. When asked why he remained silent for so long, Judge Persky told reporters that he considered it the job of judges to take criticism and to stand silent and independent.Prof. Dauber said Judge Persky has been criticized for a number of decisions. "He issued a series of biased rulings in favor of very privileged perpetrators of sex crimes and violence against women, one of which was the Brock Turner case, which generated more complaints than any other judge in probably the history of the state," said Dauber. Judge Persky said he was unaware of complaints. "When you step into a courtroom before a judge, you will expect, you will request, you will demand a judge who will follow the rule of law, who will tune out public opinion because they must," said Judge Persky.Neither campaign is holding public gatherings on election night. ABC7 News has requested access for comment as the results come in, but so far, no commitment has been made.Two names are on the ballot Election Day to succeed Judge Persky if the recall prevails. They are Cindy Hendrickson, an assistant district attorney in Santa Clara County, and Angela Storey, a civil attorney.Under the state Constitution, the replacement would have 10 days to be sworn in as judge after certification of election. The unseated judge would be removed at that point.<doc-sep>Nothing shows better how far the #MeToo pendulum has swung than the reckless recall of Judge Aaron Persky from the Santa Clara County Superior Court. In this era of “credible allegations” with no proof required, some of them anonymous, every instance of ﬁnger-pointing seems to end up under the rubric of sexual assault or harassment. Without any checks and balances and driven by outrage, these cases of sexual misconduct become as heinous as the emotional hysteria that they generate. And today, unfortunately, judgment and sentencing in a court of law is expected to emulate the court of public opinion. In this tainted atmosphere, there’s a campaign to disrobe Judge Persky because his sentencing did not quench #MeToo’s thirst for Draconian punishment. The murky happenings surrounding the Stanford campus assault involving a swimmer and an unidentified woman beg for some serious questioning. Why would the swimmer admit to having any sexual contact if he didn’t believe it was consensual? How is it that Emily Doe doesn’t remember anything? Was she conscious and agreeable at ﬁrst, after they walked together behind the dumpster and laid down? When did she pass out? Was the swimmer aware that she had passed out? This was a frat house party full of alcohol and raging hormones. Because of all these unﬁlled blanks, the case should have never gone to trial. In her statement about the incident that she says she has no recollection of, Emily Doe says, “You took away my worth, my privacy, my energy, my time, my safety, my intimacy, my confidence, my own voice.” Did the swimmer take her voice away, or was it the four whiskeys, the two vodkas, and the beer she drank? This is not about blaming the victim, but about asking if the victim bears any responsibility over her actions, and consequently the predicament that she found herself in. Monica Lassettre, the probation ofﬁcer who wrote recommendations for the swimmer’s sentence, advised leniency because of his high level of intoxication. When passing sentence, Judge Persky took into account that the reasoning and comprehension powers of both Emily Doe and the swimmer were highly impaired, that the actions described might not have occurred under normal circumstances, that there was no rape or violence involved, and the possibility that the interaction was consensual. However, in the most heavy-handed part of the sentence, the swimmer, who was charged over a nebulous sexual encounter and had no prior history of sexual crimes, had to register as a sex offender for life. The recall was opposed by the Santa Clara County Public Defender, who said she was “alarmed by the hysteria” that the swimmer’s sentence had generated. More Information The Chronicle's View: See the Feb. 11 editorial, "The case against the recall of Judge Persky," at https://bit.ly/2J2GnTj See More Collapse The Santa Clara County Bar Association stated: “If judges had to fear direct, personal repercussions as a result of their decisions in individual cases, the rule of law would suffer.” And Santa Clara District Attorney Jeff Rosen, who prosecuted the swimmer and will not appeal the sentence, said that “Judicial independence is a critical part of the U.S. justice system” and opposes the recall. The puritanical footprint that’s part of our idiosyncrasy has always viewed sex not as a function of the body but as some sinful desire of the mind. This perception obscures our judgment and raises the gravity of our sexual interactions. Rape, forceful unwanted sex, lewd unwanted behavior, and sexual harassment, are crimes that should be punished accordingly. However, the #MeToo inquisition fails in addressing that guilt might not always be one-sided. Judge Persky should not be recalled because he correctly applied the law within the parameters that the law gave him. Carlos Tahmazian is a resident of Pacifica.<doc-sep>(CNN) — Across San Jose, the yard signs are easy to find: “Vote yes to recall Judge Persky.” “I felt like that was just not a right response for it. This was such an egregious crime,” said Matthew Kells, a 41-year-old San Jose resident reflecting on Perksy’s six-month jail sentence for Turner, the former Stanford University swimmer convicted of sexually penetrating an unconscious woman. It happened behind a dumpster outside a Stanford fraternity party on January 18, 2015. The victim became known as Emily Doe and has desired to keep her identity private. “This was as bad as it gets. Having this guy in charge of these decisions just seems ludicrous.” Dan Simon/CNN Matthew Kells says the judge responded badly to an "egregious crime." It’s a sentiment that has Persky on the verge of becoming the first California judge recalled in 86 years. Behind by double digits in recent polls and recognizing the swell of opposition, Persky, soft-spoken by nature, is trying to make his voice heard in the final days before voters decide his fate on June 5. “Do you really want a system where a judge can lose his or her job because of one lawful, yet unpopular ruling?” Persky said in an interview. ’We must close the door on public opinion’ Perksy, 56, describes himself as the most hated man on the internet. “We must close the door on public opinion. We must do that to preserve the integrity of our criminal justice system.” Persky’s troubles began just days after his decision in June 2016. Prosecutors had asked for a six-year prison sentence, but Persky agreed with the recommendation from the county probation department, which noted that, “When compared to other crimes of similar nature” the Turner case “may be considered less serious due to (his) level of intoxication.” Still, the case could have faded from the spotlight had it not been for the emotionally searing letter the victim read to Turner at sentencing. Within days, it went viral on the internet. “You don’t know me, but you’ve been inside me, and that’s why we’re here today,” the letter began. “You made me a victim. In newspapers my name was ‘unconscious intoxicated woman,’$2 10 syllables, and nothing more than that. For a while, I believed that that was all I was.” Critics of Persky, who has been on the bench since 2003, find it ironic that his judicial background also included work as a sex crimes prosecutor. In other words, he helped incarcerate people like Turner, 22, who is now living near Dayton, Ohio, and required to register annually for life as a sex offender. “Someday you may be on the right side of the law, and the wrong side of public opinion, and when you step into a courtroom before a judge, you will expect, you will request, you will demand a judge who will follow the rule of law,” he said. Dan Simon/CNN Michelle Dauber, in blue, has led the recall effort. She's a family friend of the victim in the Turner case. Critics and an unlikely ally The recall campaign has been led by Stanford Law professor Michelle Dauber, a family friend of the victim. Relentless in attacking the judge and the sentence, her group has raised $1.2 million to fund the effort. “Voters are entitled to hold him [Persky] accountable for how he exercises his discretion,” she said in an interview.” Though her effort began long before #MeToo became a hashtag and a movement, Dauber views the case as an anchor point. She said the victim’s impact statement “really serves as a manifesto for the #MeToo movement.I think that it predates it. In some ways it helped to launch it. I think that’s because she put into words the feelings that many victims of sexual assault have had for so many generations.” Bolstering Dauber’s efforts, The Mercury News, the local newspaper here, endorsed the recall. “Voters need to stand up and make a statement on behalf of women and men about the seriousness of sexual assault,” it said in an editorial. “Persky’s sentence failed to do so to an extent that he never will again be able to serve as a respected, effective judge. He should be recalled.” To be sure, both sides have distinguished names and organizations backing them. Here’s who’s pushing the recall Perksy, however, has found an unlikely ally in Santa Clara County District Attorney Jeff Rosen – whose prosecutors pushed for a stronger sentence. “To recall a judge for one bad decision is something that would have dramatically negative effects throughout our criminal justice system, ” he said. Here’s who wants the judge to stay Persky also got a green light from the Commission on Judicial Performance, an independent state agency, which found no evidence of bias or misconduct in his rulings. But Dauber dismissed the report as “a one-sided, closed-door proceeding.” Dan Simon/CNN At least one friend of the judge is hesitant about placing a sign in his yard. The feelings on both sides of the recall are so strong that some are worried about the fallout of endorsing a particular side. “He didn’t want to wonder, ‘What will my neighbors think? What will people think about me? What conclusions will they draw about my character if I put this lawn sign on my lawn? Will they still like me?’ ” Persky said. Asked later whether the friend had eventually put up the sign, Perksy replied, “not yet.”<doc-sep>
Judge Aaron Persky says he has no regrets. The Northern California judge says he would handle the sexual assault case of former Stanford University swimmer Brock Turner the same way today as he did almost two years ago, though it’s the reason he is the target of a June 5 recall election and has become the self-described “most hated man on the internet.” In an interview, the 56-year-old Persky argued that the Santa Clara County recall effort was “fundamentally unfair” because it reduces a complicated criminal case to a litany of inflammatory Twitter hashtags. He even got a little teary-eyed as he protested being turned into a one-dimensional caricature of the judge who condones rape. “I expected some negative reaction,” Persky said. “But not this.” The recall effort comes amid the growing influence of the #MeToo movement, and observers say it will serve as a bellwether of the movement’s influence on national politics. Persky says he has resisted friends’ calls to quit and relieve the mounting pressure on his wife and two young sons because judicial independence is at stake. Recalling judges over unpopular rulings threatens the integrity of the judiciary, he said. “To get justice from a judge, they need someone who follows the rules. The basic rule is the rule of law,” he said. “The problem with this recall is it will pressure judges to follow the rule of public opinion as opposed to the rule of law.” On June 2, 2016, Persky followed the county probation department’s recommendation when he sentenced Turner to six months in jail for sexually assaulting an unconscious woman known in court records as Emily Doe. Turner is also required to register for life as a sex offender. In court, the victim read an emotional statement recounting the assault, her treatment by investigators and the ordeal of facing questions about her sexual activity and drinking habits. It quickly went viral. “Instead of taking time to heal, I was taking time to recall the night in excruciating detail, in order to prepare for the attorney’s questions that would be invasive, aggressive and designed to steer me off course, to contradict myself, my sister, phrased in ways to manipulate my answers,” she wrote. “This was a game of strategy, as if I could be tricked out of my own worth.” Persky declined to discuss Doe’s statement or other details of the case because it’s on appeal. Generally, he said, California law requires him to take into account the victim’s statement. Turner is appealing his jury conviction, arguing he didn’t get a fair trial because character witnesses were barred from testifying about his honesty, scholastic success and his swimming career. Oral arguments are scheduled for June 28 in San Jose. Persky also declined to elaborate on his reasoning for Turner’s sentence, which was widely criticized as too lenient. Stanford University law professor Michele Dauber is one of the leaders of the recall campaign. Dauber is a friend of the victim’s and was in the courtroom for Turner’s sentencing. She’s an outspoken on-campus activist who has helped push through more stringent sexual harassment and abuse reporting and investigation policies. Dauber also is an adept Democratic fundraiser who has organized a well-financed recall campaign with glossy mailers juxtaposing photos of Persky with President Trump and Turner’s booking mug shot. “We feel it’s important to respond strongly with a message of accountability for elected officials like Judge Persky who do not take sex crimes and violence against women seriously,” Dauber said. “Many eyes around the country are going to be on Santa Clara County as a model for how to respond to bias against women in the legal system.” Dauber said Persky’s position takes a “dim view of judicial integrity” and that she has faith judges will continue to exercise their independence regardless of the outcome. The recall campaign has drawn outsize attention and money for a local race: Proponents have raised about $1.2 million, and the judge about half that much. “Recall Persky” signs dot the immaculate lawns of multimillion-dollar homes in Persky’s Silicon Valley neighborhood, where the judge removed the numbers from the front of his house after a popular website published his address. Some former friends have told him they’re voting for his recall. Persky earned his law degree from UC Berkeley. In 1997, the Santa Clara County district attorney’s office hired him as a prosecutor, and Gov. Gray Davis appointed Persky to the bench a month before voters recalled Davis from office in October 2003.