Brock Turner Is Trying To Appeal His Sexual Assault Conviction

04 December, 2017, 01:28 | Author: Becky Perry
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The appeal, which was filed Friday, claims that Turner was deprived of due process and alleges prosecutorial misconduct as reasons he should receive a new trial, The Mercury News reported.

A former Stanford swimmer convicted of sexually assaulting an unconscious woman outside a campus fraternity party is appealing.

Turner's lawyers point out that the victim - referred to as Emily Doe in the trial - was found instead in an open area near a basketball court.

As well as focusing on the victim's alcohol intake, the key to Turner's request for a new trial is the statement the prosecutor was said to have made repeatedly during the trial, saying the assault occurred "behind the dumpster".

Turner was convicted in June 2016 of three counts of sexual assault: assault with intent to commit rape of an intoxicated woman, sexually penetrating a woman with a foreign object, and sexually penetrating an unconscious woman with a foreign object.

The appeal said the use of the term dumpster "implied moral depravity, callousness and culpability on the appellant's part because of the inherent connotations of filth, garbage, detritus and criminal activity frequently generally associated with dumpsters".

Turner's appeal reportedly says that he was denied a fair trial because character witnesses were excluded by the court.

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They are requesting a new trial in hopes of overturning his convictions, which require him to become a permanently registered sex offender.

"His conviction will be upheld", he added.

The case garnered national attention, and sparked outrage, when Judge Aaron Persky sentenced the Turner to six months in county jail - after prosecutors asked for six years - holding that a lengthy sentence would have a "severe impact" on him.

Turner was released for good behavior after serving just half the sentence imposed.

Turner's case gained notoriety after the victim's letter to her attacker went viral, triggering global anger at Turner's relatively minor short sentence.

Stanford law professor Michele Dauber, who is on a committee to recall the judge who sentenced Turner, said it's common for people to appeal.

Turner's legal team filed appeal papers Friday at California's Sixth District of Appeals.



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