On the June 5 ballot, Santa Clara County voters will be asked whether or not to recall Judge Aaron Persky, the judge who sentenced former Stanford student Brock Turner for sexual assault. I urge all voters to vote NO to the recall and here is why.
Let me be clear, rape, sexual assault, domestic violence and similar offenses are wrong, illegal, and those who commit these offenses should be held accountable. The issue is whether Judge Persky acted in a way that deserves a recall.
While many believe the sentence in the Turner case was too lenient, the sentence was lawful and followed the recommendation of the probation officer.
The recall campaign claims that Judge Persky is an “outlier” in his sentencing and that his cases show a “pattern of bias” toward white, privileged athletes. These assertions are false.
Jeff Rosen, the Santa Clara County District Attorney and Molly O’Neal, Santa Clara County Public Defender, both oppose the recall. They each confirm they never received one report, phone call or email complaining about the conduct of Judge Persky or heard any suggestion that Judge Persky ever acted with bias in any case. Had they received such a complaint, they would have taken action.
The California Commission on Judicial Performance thoroughly investigated Judge Persky’s prior sentences and found no bias or misconduct.
While Judge Persky presided over more than 2,000 cases, the recall campaign identified five cases they felt support a pattern of bias; that’s .25 percent or one-quarter of one percent of Judge Persky’s cases.That is not a pattern!
Four out of five of those cases were the result of a plea bargain between the DA and the defense. In only one case was the defendant an athlete (and he was African-American), and in only one case was the defendant white (and he was not an athlete).
Finally, this recall threatens judicial Independence. Judges take an oath to follow the law and not to follow popular opinion. We do not want to politicize our judges. They are not politicians and should not give in to popular sentiment.
This case has created a lot of emotion, but also a lot of misleading and inaccurate information. Get the facts at norecall2018.org and vote no on June 5.
Swanee Edwards
Morgan Hill
