Thousands of new signatures to recall Judge Persky after Brock Turner appeals decision

STANFORD, Calif. (KGO) -- Brock Turner, the former Stanford University swimmer found guilty of sexually assaulting a woman on campus in March of 2016, is appealing his conviction.

Turner's attorney filed the appeal brief Friday, writing that his client was deprived due process at trial.

In March of 2016, a jury found Turner guilty of sexually assaulting an unconscious woman on campus the previous year. Two Stanford graduate students came across the assault and chased and held Turner until police arrived.
"It's just outrageous," said Stanford law professor Michele Dauber. "The only thing unfair about this case was that the judge was unfair to the victim."

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Dauber is leading the effort to recall Judge Aaron Persky, who sentenced Turner to six months and three years probation. Turner served three months and was released in September of 2016.

"We have 76,000 signatures, and we are going to collect 90,000," said Daubner. "We have more than enough to qualify and will be on the ballot in 2018."

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It's been more than a year since former Stanford swimmer Brock Turner was convicted of sexually assaulting a woman after a campus party.

According to Turner's attorney, the then 19-year-old was deprived due process at trial because the prosecution didn't have sufficient evidence to prove beyond a reasonable doubt that he knew Ms. Doe had passed the point of general intoxication at the time sexual activity occurred. The trial court failed to instruct the jury on lesser included offenses, his attorney also wrote, and that could have resulted in a different outcome.
In an emailed statement, Santa Clara County's District Attorney writes, "Brock Turner received a fair trial and was justly convicted. His conviction will be upheld. Nothing can ever roll back Emily Doe's legacy of raising the world's awareness about sexual assault."

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"Now, we have 172 pages of victim-blaming garbage that is out there re-victimizing Emily Doe," said Dauber referring to the appeal filed.

Dauber also said, since the appeal was filed, she's collected thousands of new signatures to get the recall Judge Persky measure on the ballot.

She also said she believes the jury's verdict will stand.

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