Last year, Brock Turner brought to the forefront the many repressed shames of America.
After sexually assaulting an unconscious woman behind a dumpster and then having his lawyers berate her for her character during the trial, Turner was handed a shamefully brief sentence of six months.
The judge Aaron Persky believed the perpetrator was unlikely to be a danger to anyone. Turner was released after three months.
The woman, referred to as Emily Doe during the trial, read aloud to Brock a 12-page letter in court, detailing the time before the assault, and the minutes, days, and weeks afterwards. The letter was published by BuzzFeed and captured the nation's interest. It was read aloud by 18 members of the Congress.
Now, Turner has filed a brief in California’s 6th District Court of Appeals.
His lawyers allege that the trial was “a detailed and lengthy set of lies.” They believe that the Deputy District Attorney Alaleh Kianerci’s description of the crime as having taken place behind a dumpster shows Turner in a negative light since it “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.”
They argue the jury did not see sufficient evidence to represent their client's character, and was not permitted to consider a lower-level offense.
According to court documents, the lawyers are also arguing the assault did not occur "behind the dumpster," but in fact it took place in a “completely open setting," and that the jury received "extensive 'behind-the-dumpster' propaganda."
The brief seems to be aimed at reducing Turner’s obligation to register as a sex offender, and virtually remove any vestiges of association Turner may have with his actions. "What we are saying is that what happened is not a crime," John Tompkins, Turner's legal adviser, told NBC. "It happened, but it was not anywhere close to a crime."
They criticized Judge Aaron Persky for not instructing jurors to consider lesser charges and for excluding character witness testimony that might have been favorable to Turner, the San Jose Mercury News reported.
Earlier Michele Dauber, a Stanford law professor who chaired a campaign to recall Judge Persky from the bench, blasted the motion filed by Turner's attorneys Friday, and said the former student had received a fair trial.
Persky's lenient sentence for Turner infuriated many across the nation.
"The jury heard the evidence and decisively rejected Turner's efforts to blame the victim," she said in a statement to BuzzFeed News. "The problem with this case wasn't that Judge Persky was unfair to Brock Turner, it was that Judge Persky was unfair to the victim when he sentenced Turner to only a few months in county jail."
"The idea that this result was somehow unfair to Turner is ridiculous," Dauber said.
Thumbnail/Banner: Reuters,File Photo