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Instead of merely crumpling and resigning like so many others lately, he has shown some real backbone and refused to abandon our justice system for mob rule.
The Northern California judge says he would handle the sexual assault case of former Stanford University swimmer Brock Turner the same way today as he did almost two years ago, though it's the reason he is the target of a June 5 recall election and has become the self-described "most hated man on the internet."
In an interview, the 56-year-old Persky argued that the Santa Clara County recall effort was "fundamentally unfair" because it reduces a complicated criminal case to a litany of inflammatory Twitter hashtags. He even got a little teary-eyed as he protested being turned into a one-dimensional caricature of the judge who condones rape.
The group hosting the Q&A with Persky, led by his former colleague, retired judge LaDoris Cordell, opposes the recall. Their concern is that recalling a judge because of an unpopular decision sets a bad precedent. and makes judges less independent, and more easily influenced by popular opinion and politics. Cordell introduced Persky calling him a "fair, honest and respected judge."
Cordell and her allies point out that Persky followed the sentencing guidelines in this case and followed the probation recommendations and couldn't legally go beyond that scope as a judge. They argue that if people thought the sentence was too lenient, the way to correct that is by changing the law, not punishing the judge.
The case of Brock Turner illustrates illustrates the strong tendency to absolve women of all responsibility for their own behavior, and instead blame the man and jump to conclusions regardless of the facts of the case. Here are some important facts not generally reported:
* The woman came from off campus and drank heavily of her own accord at a Stanford frat party.
* She voluntarily kissed Brock repeatedly and went off with him voluntarily to the location of the incident. At no point did he chase her or use force.
* Brock did not ever expose his penis, much less insert it into the woman at any point.
* Brock is accused of fingering her vagina while she was passed out or during a time she simply cannot remember. This may be sexual assault, but it is most definitely not rape.
* Judge Persky follow the sentencing guidelines set down by law, and sentenced Brock to six months for the fingering of a passed out drunk woman who was enthusiastically being sexual with him beforehand.
https://www.stanforddaily.com/2015/01/29/police-report-turner-admits-sexual-contact-denies-alleged-rape/
Brock himself was drunk, so if the woman is absolved from responsibility for her own behavior because of impaired judgement, why is Brock not absolved from his behavior for the same reason? Six months in jail and lifetime registration as a sex offender seems unduly harsh given the facts, not too lenient. In any case, Persky followed the law and there is no reason to recall him.
We should all stand up and affirm the right of judges to fairly enforce our laws even when the mob is calling for blood and everyone else is too intimidated by the terrorists of political correctness to take a more considered view. Reject the recall.
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