Judge in Brock Turner rape case ruling removed from new sexual assault case

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

Prosecutors had asked that Brock Turner be sentenced to six years in prison for the January 2015 assault.

(CNN) — A California judge who sentenced Stanford University ex-student Brock Turner to six months in jail for sexual assault has been removed from presiding over an unrelated sex case.

Judge Aaron Persky of Santa Clara Superior Court sparked national outrage this month over his sentence for Turner, who sexually assaulted an unconscious woman.

Since his ruling, a petition to remove him from the bench has attracted more than 1 million supporters.

The fallout continued Tuesday after the district attorney’s office stopped him from presiding over a new sexual assault case.

” After … 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,” said Jeff Rosen, the Santa Clara district attorney.

No more information was immediately available on the latest case.

A prosecutor and the defense can opt to request another judge if they see fit. In such instances, a case is reassigned to a different judge if either the defense or the prosecution requests it.

Unusual step

Rosen said his office took the unusual measure to remove the judge from the case to ensure justice is served.

“This is a rare and carefully considered step for our office,” he said in a statement. “In the future, we will evaluate each case on its own merits and decide if we should use our legal right to ask for another judge.”

Turner was convicted in March of assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person and penetration of an unconscious person.

He was sentenced June 2.

The assault

Just after 1 a.m. on January 18, last year, law enforcement officers responded to a report of an unconscious female near a fraternity house, according to a sentencing memo.

They found the victim on the ground, in a fetal position, behind a trash can. She was breathing but unresponsive.

About 25 yards away, two passersby had pinned down and restrained Turner.

“We found him on top of the girl!” one of the men said. Turner smelled of alcohol as he was handcuffed.

One of the men later told authorities that Turner been on top of the motionless woman.

The letters

Letters written by both the victim and the attacker added to the fury.

In a 12-page victim impact statement written by the woman and addressed to Turner, she gave a harrowing description of her ordeal. The letter was widely shared online.

Before the sentencing, Dan Turner, had pleaded with the judge for leniency, saying his son should not have to go to prison for “20 minutes of action.”

His sentence

Since Turner was sentenced to less than a year, he is being held in the Santa Clara County Jail in San Jose.

He is in protective custody with 1,100 other inmates. Inmates with sexual assault convictions are typically held in protective custody because they are believed to be potential targets for attacks from other inmates due to the nature of their crimes.