If you demand that Judge Persky be removed from office than you need to demand that Judge Joanne McCracken and DA Jeff Rosen be removed from office for setting the precedent for Judge Persky to follow.
If Brock Turner were a Palo Alto Police Officer and sexually assaulted 5 women Judge McCracken would sentence him to a year in jail.
If Brock Turner were a De Anza baseball player instead of a Stanford swimmer and participated in the gang rape of an underage female DA Jeff Rosen would not have even prosecuted him.
Judicial recall efforts
There are two online petitions and an official recall effort spearheaded by Stanford Law Professor Michelle Dauber whose objective is to remove Judge Aaron Persky from the Santa Clara County Superior Court Bench because he handed down a 6 month jail sentence to Brock Turner who had been convicted of sexually assaulting an unconsciousness woman on campus.
Turner could have been sentenced up to 14 years in prison and the state minimum is 2 years, the prosecutor sought a sentence of 6 years. We agree with Mrs. Dauber, however if Persky should be removed from office then so should Judge McCracken and DA Rosen based upon similar injustices.
In 2001 then Santa Clara County prosecutor Joanne McCracken, struck a plea deal with former Palo Alto Police Officer Luis Verbera who had sexually assaulted several women while on duty, in uniform and one of whom was hand cuffed in his patrol car, (a total of 4 felonies and 1 misdemeanor), that sent him to county jail for 1 year. He was looking at up to 7 years.
Unlike Turner, Verbera did not have the excuse of being drunk which impacted Judge Persky’s decision to give Turner a light sentence. Unlike Verbera, Turner only had one incident whereas Verbera committed at least 5 separate assaults on 5 different women.
Different standards of Justice
Question, why didn’t the Santa Clara DA’s office offer Turner the same kind of deal that it offered former Palo Alto Police Officer Luis Verbera?
Judge Persky simply followed the Santa Clara DA’s, prosecutor Joanne McCracken’s, recommendation for sentencing by using the Verbera sentence as a guideline.
Deputy District Attorney Joanne McCracken stands behind the plea agreement, saying that it was in the best interest of the women involved.
McCracken said the resolution was “appropriate,” given the severity of Verbera’s punishment and the court’s treatment of Verbera’s victims, who will now be spared the added trauma of testifying in court. “The victims generally feel very traumatized, but they feel a sense of relief that the case has been resolved before trial,” McCracken said
Victim conflict with prosecutor
McCracken is contradicted by at least one victim, Ronelle Meier. Ms. Meier sought out her day in court but was denied due to her failure to file a claim with the city within the 6 month statute of limitations.
Ms. Meier alleges that members of the Palo Alto Police and employees of the City of Palo Alto deceived her by not informing her of the deadline despite numerous complaints made to the PAPD about Ofc. Verbera. “…My allegations were [sic] covered up by the conduct and lies of the Officers of the Palo Alto Police Department and employees of the City of Palo Alto,” she said.
Judge Charles W. Hayden echoed McCracken’s sentiments when he stated:, “I’m glad we have been able to resolve this without putting the victims through the pain and agony of protracted litigation.”
Cut from the same judicial cloth as Judge Aaron Persky
On the surface it appears that both McCracken and Hayden were not so much concerned about the victims but what would have been revealed in a trial about how the Palo Alto Police attempted to sweep Ms. Meier’s and potentially other victims’ allegations under the rug.
Joanne McCracken is currently a judge for the Superior Court of Santa Clara County just like Judge Persky. If you believe that Judge Persky should be removed from the bench then surely you must feel that Judge McCracken should be removed from the bench for committing the same injustice toward women.
In 2007 there was an alleged gang rape of a teenage girl by several members of the De Anza baseball team; a girl whose blood-alcohol level was three times the legal limit while she lay motionless in a pool of vomit some of which was not her own.
Three sober, female soccer players witnessed the assault and were initially prevented from intervening by one individual keeping guard yet that was not sufficient evidence to prosecute as then DA Dolores Carr said, “one problem was that everyone had been drinking.”
DA Dolores Carr also stated, “prosecution was impossible, largely because the victim herself had no memory of what happened to her.”
Carr neglected the testimony of the women soccer players. Carr complained, “I can’t make up evidence,” yet she ordered the crime lab to stop analyzing evidence to ensure there was no incriminating evidence to be had.
Upon current DA Jeff Rosen taking office he reopened the case in order to assuage public criticism of the former DA’s handling of it and yet came to the same conclusion as DA Carr; that the suspects had sex with an intoxicated girl while other men watched and that one man tried to keep others from coming into the bedroom yet decided not to prosecute because he felt that he could not prove the case in court.
Rosen based his decision on the same rationales that Carr did and therefore all of the criticism directed at his predecessor can also be directed at him.
The victim filed a civil suit against the nine men eventually dropping or settling with seven of them before the trial began. The jury did not find the remaining two guilty however some jurors stated the outcome would have been different if others had remained on the suit.
“It was exactly the wrong guys in my mind,” said juror Courtney Ridings, a schoolteacher. “We were very angry we were left with these two.”
Juror No. 3, a 47-year-old San Jose widow, agreed.
“If there had been other defendants left in the case — and it was a travesty there weren’t — this verdict would have looked a lot different,” she said.
Sheriff Laurie Smith and Sheriff’s Cmdr John Hirokawa who headed the investigation of the ball players believe that a crime occurred and were more than disappointed that the DA decided not to file charges.
Perhaps the fact the state AG got involved in the case at the request of the DA and granted immunity to three of the nine men involved in the incident had a lot to do with the inability to prosecute the culpable parties. Surely the one man who prevented the three soccer players from entering the room and who was positively identified by the soccer players could have been charged with false imprisonment.
Attorney general involvement
Chief Assistant Attorney General Dane Gillette wrote in a letter to Carr dated Friday. “Without such identifications, we cannot ethically pursue a prosecution,” he wrote. “It is certainly not proper to simply criminally charge everyone who may have been in the room.”
That’s interesting given the fact that the state had no problem going after 6 perpetrators of a gang rape in Richmond that had many similarities to the one involving the De Anza baseball players including an underage female, enormous amounts of alcohol and 20 bystanders. Several were convicted despite the murkiness of the night and the initial difficulty in identifying the perpetrators.
Two standards of justice, one for the white privileged kids of silicon valley and one for the poor colored kids of the east bay. Much like the victim in the Stanford case, the victim the De Anza case did not know whom she had sex with until she was shown photos of the men at the police department, how does a person consent to have sex with someone who she cannot identify?
Furthermore, the victim in the De Anza case was unconscious when the three soccer players drove her to the hospital minutes after they interrupted the sex acts being committed on her.
Even if the DA could not prove the more serious allegations in the De Anza case, the fact remains that the girl was 17 years old which constitutes statutory rape regardless if she consents to have sex or not and regardless if the perpetrators did not know if she was of legal age. It is their duty to make sure she is not under age just like it is their duty not to provide alcohol to minors even if they do not know they are minors.
Rosen’s failure for women everywhere
Jeff Rosen failed to uphold the Rule of Law and violated women everywhere as a result.
Regarding the Stanford rape, Michelle Dauber states that “Aaron Persky is telling these women don’t bother calling police. Even if you get through a trial and even if you manage to get a conviction, I will not impose a serious sanction.” “He has made women at Stanford and across California less safe,… and the message to women and students is ‘you’re on your own,’ and the message to potential perpetrators is, ‘I’ve got your back,” she said.
A letter sent to Judge Persky that was signed by 250 Stanford students stated in part “A light sentence, such as probation or a few months in jail, would send the incorrect message that this was not a serious crime. This would undermine the trust in the legal system at large, diminish reporting, and possibly make the Stanford community a more dangerous place for all.”
Previous decisions not to prosecute
Regarding the decision by the DA not to prosecute the baseball players in the De Anza case: Clark Williams, a San Jose resident who works with crime victims stated, “The decision sent a chilling message to rape victims in Santa Clara County” and “this is exactly why so many victims of crime don’t come forward.”
Mandy Benson, the President of California NOW (National Organization for Women), says that the message sent by the handling of this, [De Anza] case is that “If you send your daughter to school in Santa Clara County, she might be raped–and if she’s raped there will be no one to protect her.”
Rosen sent a message to Persky to take it easy on college rapists associated with kids partying. Katherine Redmond, founder and president of the National Coalition Against Violent Athletes, wondered why the eyewitnesses to the crime (who were sober at the party) were not called to the grand jury to give their testimony.
District attorney Jeff Rosen’s double standards of justice
When DA Carr and DA Rosen disregarded the testimony of the three soccer players and refused to conduct a proper analysis of the evidence they guaranteed that none of the perpetrators could be held accountable. What you just read is the anatomy of an institutionalized cover up. If evidence is required to prove a crime; don’t look for it and eliminate the evidence that is available so that you can tell the victims and the public that you don’t have enough evidence to prosecute.
Judge McCracken and DA Rosen set Judge Persky examples of how to administer justice to the privileged of society. If you feel strongly that Judge Persky should be removed from office than you need to be just as vocal in demanding that Judge McCracken and DA Rosen be removed from their offices for granting the same kind of injustice.
DA Jeff Rosen strongly denounced Judge Persky’s light sentence of Turner yet Rosen reveals his true colors by stating that Persky should not be removed from his position as a judge. No doubt Rosen’s public statements are more about self promotion than they are with upholding an objective and non-bias Rule of Law.
Woman’s groups should be even more outraged at DA Jeff Rosen now that Rosen has placed his double standard on full display.