DA Blocks Brock Turner Judge From Hearing New Sex Assault Case

Santa Clara County prosecutors have taken what they call "a rare and carefully considered step" to block the judge at the center of the Brock Turner sexual assault case from participating in a new case involving alleged sexual violence.

Santa Clara County District Attorney Jeff Rosen used a prosecutor's peremptory challenge to keep Superior Court Judge Aaron Persky from presiding over the new case. Rosen's move was related to Persky's decision to dismiss a theft case on Monday and is also the latest chapter in the intensifying fallout from the Turner case.

On June 2, Persky sentenced Turner, 20, a former Stanford swimmer, to six months in county jail and three years probation for sexually assaulting a young woman passed out after drinking heavily at a fraternity party.

Turner had faced a maximum of 14 years in state prison for his three felony convictions, and prosecutors had sought a sentence of six years. In following a probation officer's recommendation for leniency, Persky expressed concern about the impact a longer sentence would have on Turner.

A firestorm followed: First, publication of the victim's statement, which questioned whether Turner had really taken responsibility for his acts. Next, an online petition to remove Persky from the bench, which, though it has no legal force, has gotten more than 1.2 million signatures to date.

Over the weekend, one of the jurors in the Turner case released a letter to the judge saying he was "shocked and appalled" by the sentence. Sunday on the Stanford campus, some graduating students participated in a protest against Persky and the sentence.

Last week, at least 10 prospective jurors refused to serve in an unrelated misdemeanor theft case Persky was hearing.

And it was that theft case that led to District Attorney Rosen's unusual move Tuesday to stop Persky from presiding over a preliminary hearing involving a male San Jose nurse who faces charges he sexually assaulted a patient while she was sedated. The hearing would determine whether prosecutors have presented enough evidence to bring the suspect to trial.

The district attorney exercised his challenge the day after Persky tossed out a misdemeanor theft trial before it reached the jury.

"We are disappointed and puzzled at Judge Persky's unusual decision to unilaterally dismiss a case before the jury could deliberate," the district attorney said in a prepared statement. "After this and the recent turn of events, we lack confidence that Judge Persky can fairly participate in this upcoming hearing in which a male nurse sexually assaulted an anesthetized female patient."

Rosen said he hasn't decided whether he will disqualify Persky from all new sexual assault cases that may get assigned to him in the future.

"In the future, we will evaluate each case on its own merits," Rosen said, "and decide if we should use our legal right to ask for another judge in order to protect public safety and pursue justice."

Neither Persky nor other Superior Court officials commented publicly on Rosen's move.

This post contains reporting from the Associated Press.