Judge in Stanford rape case often follows sentencing reports
Associated Press
By PAUL ELIAS
Jun. 17, 2016 4:17 PM EDT
http://bigstory.ap.org/article/a017...rd-rape-case-often-follows-sentencing-reports
The AP reviewed court records for 20 criminal cases in which Persky has issued sentences, including all seven trials he presided over, since January 2015.
The probation department issued sentencing recommendations after five jury verdicts of guilty. One defendant was convicted of misdemeanor drunken driving, and the probation department did not make a recommendation. A seventh trial ended in acquittal.
Cheryl Stevens, a lawyer in the Santa Clara county counsel's office, said the probation department is responsible for providing the court "with a neutral recommendation for sentencing of a defendant."
Echoing findings in Turner's probation report, Persky said on June 3 that Turner's youth, character references, lack of a criminal record and, to a lesser extent, the role alcohol played in the assault pointed toward a short jail sentence rather than a longer prison term. Turner also has to register as a sex offender for life.
The sentence, coupled with Turner's father's plea for leniency because his son had already paid "a steep price ... for 20 minutes of action," thrust the case into the national debate over campus sexual assault.
Until getting assigned the Turner case, Persky and his Palo Alto court attracted little outside attention. Compared to the chaotic Hall of Justice 20 miles south in San Jose, the Palo Alto courts quietly handle a steady stream of suburban Silicon Valley crimes that rarely make headlines. But the Turner case changed that. Even before Turner was sentenced, the case drew more attention than any other Persky has handled since arriving in Palo Alto.
Because of the poor state of Santa Clara County's technology, accessing Persky's cases is virtually impossible for the public. The Palo Alto court clerk's office isn't equipped with a computer for public use, and it maintains only Persky's current, daily calendar.
Comment: How is this even possible? The more I read specifically about this case, the more I feel there is something really small townish and insular and off about the Court system specifically in Palo Alto. It started for me, with Persky's very 'thin' resume. It's as though everyone has gotten really comfortable in their jobs and no one wants to rock the boat. For instance, Holly O'Neal has publically supported Persky in the Brock Turner case. She is head of the Santa Clara Public Defender's Office since 2012. She has been with the office since1990 (that would be 26 years). She is married to Judge Jaqueline Arroyo, a
judge for the Superior Court of Santa Clara County. Prior to becoming a judge, Arroyo was a Prosecutor in the Santa Clara DA's Office. It certainly makes it awkward when one is literally married to the system.
The article looks at some other recent Persky decisions and seems to, imo, focus on "whiteness" (which I don't think is the main problem) and concludes with:
Then there's the case of Rachel Garcia, a Latina charged with misdemeanor theft who insisted on a trial. During jury selection last week, several potential jurors told Persky they couldn't serve in his courtroom because of the Turner sentence.
Persky dismissed the critics, seated 14 jurors and alternates and started the trial on June 10. It was the first trial he has presided over since Turner's, and it ended abruptly Monday when Persky tossed out the case before giving it to the jury, ruling that the prosecutor had not proved Garcia guilty.
It's the kind of move supporters would characterize as a sign of Persky's strength rather than letting a weak case go to a jury he intervened.
The district attorney described it as puzzling.
Personally, I am puzzled by all of them.
