Nearly all of the precincts are counted, and it seems that California voters have ordered the recall of Superior Court Judge Aaron Persky, 60% to 40%.
Persky earned the recall effort after sentencing Stanford student, Brock Turner, to just six months in prison after Turner was convicted of sexually assaulting an unconscious woman. Persky told Turner he’d earned the lenient sentence because he was such a strong athlete, and because Turner’s actions “may be considered less serious due to (his) level of intoxication.”
Prosecutors had requested a six year prison sentence for Turner. The California probation department suggested the six-month jail term because there were, indeed, some mitigating factors. No witnesses observed Turner assaulting the unconscious woman — two men appeared on the scene only to see Turner fumbling with his limp victim behind a dumpster. Turner and the victim both had only sketchy memories of the night; both were heavily intoxicated according to testimony given at trial.
But critics of the decision said Persky gave Turner a lenient sentence because Perksy identified with Turner, having also been a Stanford athlete. They were further moved by a public letter from the victim, read to Turner during his sentencing.
Persky spoke out against the recall effort earlier this week, telling media that, while he accepts criticism, recalling a judge over a single ruling threatens judicial independence.
“I think generally judges should accept criticism,” Persky said. “They should accept responsibility for rulings. But when it gets to the step of a recall — actually recalling a judge primarily based on one decision — that, for me, is a step too far.
“That’s why I’ve chosen to speak out because I think it threatens the independence of judges in California and perhaps even the nation,” he continued.
Voters thought differently.