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Appeals court rejects Brock Turner’s bid for new trial in Stanford sexual assault case

Brock Turner
(Associated Press)

A California appeals court has rejected a new trial for Brock Turner, a former Stanford swimmer, and upheld his sexual assault and attempted rape convictions.

A three-judge panel of the 6th District Court of Appeal ruled unanimously Wednesday that Turner received a fair trial.

For the record:

8:35 PM, Aug. 09, 2018An earlier version of this Associated Press story incorrectly stated that Brock Turner was convicted of rape. He was convicted of sexual assault and attempted rape.

A San Jose jury in 2016 convicted Turner of sexually assaulting a young, intoxicated woman outside an on-campus fraternity party.

Judge Aaron Persky rejected a prosecutor’s call for a lengthy prison term and instead sentenced him to six months in jail.

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Persky’s sentence sparked nationwide outrage by those who felt it too lenient. It also led to debate over the criminal justice system’s handling of sexual assault cases. Voters recalled Persky in June.

In December 2017, Turner appealed the conviction, arguing he didn’t receive a fair trial.

Judge Franklin Elia writing for the unanimous panel said there was “substantial evidence” to support the conviction, including “substantial evidence” to show Turner knew his victim was unconscious when he assaulted her.

Persky’s sentence was not part of the appeal, and the judges didn’t address it.

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Turner could petition the California Supreme Court to consider his appeal. Turner’s attorney Eric Multhaup didn’t return a phone call Wednesday.

Stanford law professor Michelle Dauber, who led the judge’s recall campaign, called on Turner to drop any further appeals.

“The appellate court has now rejected that idea and I think everyone, including Brock Turner, would be better served by accepting the jury’s verdict and moving on,” she said.

Turner lives outside Dayton, Ohio, with his parents. He is required to register as a sex offender for life.

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