Larger question re. sexual violence and Brock Turner - Printable Version
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Re: Larger question re. sexual violence and Brock Turner - fullmetal - 06-10-2016
The prosecution's most powerful testimony/evidence would be the voice of the victim, which iirc is the biggest reason why a victim's refusal to cooperate usually (but not always) dissuades prosecutors from pressing charges. A defense attorney could just point at the absence of the victim and claim that as proof of innocence.
Re: Larger question re. sexual violence and Brock Turner - fullmetal - 06-10-2016
This is interesting.
Quote:Defendants can solicit letters of support from family, friends and others for judges to consider before sentencing. In Turner's case, one of them came from Kelly Owens, a guidance counselor at Oakwood High School in Dayton, Ohio, which Turner attended.
She told the court that her former student was "absolutely undeserving of the outcome" of a jury trial that resulted in his conviction on three felony counts of sexual assault.
"I plead with you to consider the good things -- the positive contributions -- he can make to his community if given a chance to reclaim his life," Owens wrote.
Her school district said in a prepared statement Wednesday that she regrets writing a letter to the judge and acknowledged it was a mistake.
"Of course he should be held accountable," Oakwood City School District Superintendent Kyle Ramey quoted Owens as saying. "I am truly sorry for the additional pain my letter has caused."
I suppose Owens is lucky that she hasn't been let go from her job. Rasmussen's letter was mentioned as well. It's interesting how these letters sound tone deaf--I wonder if all the facts of the case were available when these supporters wrote their letters. I wonder if they knew Turner liked to rage, or drop acid, or smoke/absorb THC concentrate. But Persky also took into account a recommendation from the county probation department in addition to the 36+ letters of support. Being that Turner was convicted in Santa Clara county, he'll have to stay there (and pay Bay Area rent) instead of living at home under probation (right?). And a job right out of prison with this kind of public awareness is going to be hard to come by.
Did anyone see details of his three-year probation sentence? Will he be allowed to travel, and what are the consequences should he fail his check-in with a probation officer?
http://espn.go.com/college-sports/story/_/id/16086764/vice-president-joe-biden-writes-letter-supporting-woman-assaulted-brock-turner
Re: Larger question re. sexual violence and Brock Turner - oldalum - 06-10-2016
It is interesting that the judge has come under such scrutiny, but not the probation officer.
Re: Larger question re. sexual violence and Brock Turner - stupac2 - 06-10-2016
(06-10-2016, 02:49 PM)oldalum link Wrote:It is interesting that the judge has come under such scrutiny, but not the probation officer.
My guess is few of the people railing about this understand that the judge was following a recommendation rather than just throwing darts at a board.
Re: Larger question re. sexual violence and Brock Turner - TreesAndBirds - 06-10-2016
Santa Clara County Bar Association comes out against recall of Judge Persky. I cant find a link but here is the key paragraph.
In view of these principles, the SCCBA opposes the present attempts to remove Judge Persky from the bench based on his sentence in the Brock Turner case. The SCCBA has seen no credible assertions that in issuing the sentence, Judge Persky violated the law or his ethical obligations or acted in bad faith. Nor is the SCCBA aware of any other complaints or allegations of impropriety against Judge Persky during his 13 years on the bench. Seeking to punish a judge under these circumstances presents the very threat to judicial independence that the SCCBA has resolved to condemn.
Re: Larger question re. sexual violence and Brock Turner - fullmetal - 06-10-2016
Oh what.
Quote:Stanford rapist Brock Turner sent a photo of his victim's breasts to friends after the attack outside a frat house party.
Court documents seen by Daily Mail Online reveal that the disgraced athlete was sent a text via a group messaging app shortly after his arrest that read: 'Whos tit is that'.
The message, which arrived through the GroupMe app, was sent by Stanford swimmer Justin Buck, originally of Aberdeen, UK.
Detectives were unable to access the photo sent by Turner. Pictures sent on it can be deleted by third parties. It is unclear who deleted the photograph.
Buck, 21, was raised in Clearwater, Florida, and is currently working as an investment banking summer analyst' at Bank of America Merrill Lynch in San Francisco.
Quote:Blake Bolton, a witness who was visiting Stanford on the weekend of the sex attack, later told police that he had seen a man standing over the victim with a phone. In his statement to cops, Bolton said 'the male subject was standing over her with a cell phone. The cell phone had a bright light pointed in the direction of the female, using either a flashlight app in his phone or its built-in app.
'He approached the subject and asked if everything was okay. The male subject did not say anything to Bolton.
'He told the male subject to roll her over onto her side to breathe. The male subject did not do this. Bolton then got on his knees and checked her pulse.
'When he got back up, the male subject was gone.'
The police report also notes that a silver iPhone was found close to the victim, with its blue cover lying discarded close by.
Turner's phone records have come under scrutiny in recent days, with copies of his text exchanges and photographs of him smoking a hash pipe stored on the device submitted to Judge Persky prior to sentencing.
The 20-year-old, of Dayton, Ohio, repeatedly claimed to be a stranger to drugs and alcohol prior to arriving at Stanford but his lies were exposed through a series of messages referencing marijuana, LSD and MDMA the powdered form of club drug ecstasy. They also revealed that Turner is fond of using the racial slur 'n****' repeatedly sending text messages containing the word to his high school friend, Brock Alderton.
Last week, Turner was sentenced to six months in Elmwood Jail, in Milpitas, California, where the majority of the 3500 inmates are housed in military barracks and tents. However, this website learned that the convicted rapist is being kept away from the general prison population and enjoys a cell to himself.
Quote:He has also applied to serve his three-year probation term in Ohio rather than California.
I'm not sure how Bolton's account fits into the whole timeline. The cellphone evidence is pretty incriminating and indicates all kinds of things about motivation and intent (read: guilty as sin; victim likely did not consent). And finally, I think probation in California would be quite appropriate.
http://www.dailymail.co.uk/news/article-3635654/Stanford-rapist-took-photograph-victim-s-breasts-attack-shared-swim-team-friends-deleted-arrest-police-believe.html
Re: Larger question re. sexual violence and Brock Turner - winflop - 06-10-2016
(06-10-2016, 02:49 PM)oldalum link Wrote:It is interesting that the judge has come under such scrutiny, but not the probation officer.
The probation officer didn't determine the sentence, only made a recommendation.
Re: Larger question re. sexual violence and Brock Turner - TreesAndBirds - 06-10-2016
The actions disclosed by the Daily Mail are just horrible.
Graduation is this weekend. I hope the university has really thought his through. I dont think it can be ignored.
Re: Larger question re. sexual violence and Brock Turner - Mick - 06-10-2016
(06-10-2016, 04:09 PM)fullmetal link Wrote:Last week, Turner was sentenced to six months in Elmwood Jail, in Milpitas, California, where the majority of the 3500 inmates are housed in military barracks and tents. However, this website learned that the convicted rapist is being kept away from the general prison population and enjoys a cell to himself.
"Enjoys." Gotta love media spin, and the pell-mell rush to indict the judge and the judicial system. Everyone is on board and the mob rules. One million signatures to remove a 13-year jurist with no prior complaints. How dare they put Turner out of reach of the anal perforation crew? We demand satisfaction. Turner must be in prison, and better off dead.
Close the city and,
Tell the people that,
Something's coming to call...
Re: Larger question re. sexual violence and Brock Turner - fullmetal - 06-10-2016
That's the nature of a media catering to its audience today.
But yeah, Brock Turner sent a GroupMe photo of the victim's breasts to some of his team plus perhaps others...make of that what you will.
Re: Larger question re. sexual violence and Brock Turner - dabigv13 - 06-10-2016
The Daily Mail is hardly reputable, and the way they jazz things up in this case is typical.
We don't know if that was the victim's breasts. It's not even clear that Brock Turner sent any photo of breasts. Maybe it was another girl from a party that night, or maybe it was another person in the group who sent a photo of a breast. We don't know that there was a "cover up". What's the point of giving out his teammate's personal information, as if he was involved? Is it really relevant that Turner used marijuana or MDMA in the past?
Re: Larger question re. sexual violence and Brock Turner - stupac2 - 06-10-2016
(06-10-2016, 07:40 PM)dabigv link Wrote:Is it really relevant that Turner used marijuana or MDMA in the past?
Yes and no. No, in an ideal world it wouldn't be relevant. Yes, in relation to the way the victim was questioned by his attorney about her past that has no bearing on the crime, it's relevant. And, more importantly here, it's important given the way that the media portrays different cases. When I found out about the drug use I linked it to some friends saying that he's "no angel", a direct reference to the NY Times description of Michael Brown. Other people have documented that Turner's mugshot was only recently released, most news stories used a yearbook photo, a courtesy not given to a lot of accused perpetrators from different backgrounds. It's not particularly relevant to the case, but it's quite relevant to the way our culture is currently questioning our biases.
Re: Larger question re. sexual violence and Brock Turner - ThePassionOfTheChryst - 06-10-2016
I find his drug use to be more relevant than his use of the n word in texts to his friends.
Re: Larger question re. sexual violence and Brock Turner - ThePassionOfTheChryst - 06-10-2016
(06-10-2016, 08:07 PM)stupac2 link Wrote:[quote author=dabigv link=topic=15166.msg164838#msg164838 date=1465612857]Is it really relevant that Turner used marijuana or MDMA in the past?
Yes and no. No, in an ideal world it wouldn't be relevant. Yes, in relation to the way the victim was questioned by his attorney about her past that has no bearing on the crime, it's relevant. And, more importantly here, it's important given the way that the media portrays different cases. When I found out about the drug use I linked it to some friends saying that he's "no angel", a direct reference to the NY Times description of Michael Brown. Other people have documented that Turner's mugshot was only recently released, most news stories used a yearbook photo, a courtesy not given to a lot of accused perpetrators from different backgrounds. It's not particularly relevant to the case, but it's quite relevant to the way our culture is currently questioning our biases.
[/quote]
Very crafty way to shoehorn your talking points into the discussion, I'll give you that.
Re: Larger question re. sexual violence and Brock Turner - DC 86 - 06-10-2016
The relevance of his high school drug use is that 1) he lied to the probation department in his interviews with them, 2) a foundation of his defense (both legal and public relations) has been that he was victimized by a "party culture" that he was unfamiliar with and that peer pressure to drink combined with his drinking inexperience contributed to his actions on the night in question.
Re: Larger question re. sexual violence and Brock Turner - dabigv13 - 06-10-2016
Perhaps, but the reason it's being brought up in articles like that isn't related to the legal sorts of points you bring up- it's to throw red meat to the mob. We need our villains to be villains, not people with any complexity.
Re: Larger question re. sexual violence and Brock Turner - jacketree - 06-10-2016
Two of the bases Persky gave for the lenient sentence were Turner's character and naivety with alcohol, so a recent history of drug and alcohol abuse seem relevant to me. And if the defense can go after Emily's proclivity to be pass out drunk, I assume the prosecution also used Turner's assholeness in their arguments.
I doubt I will ever read a transcript of this trial to become informed, but my uninformed opinion is that Persky blew this one albeit lawfully.
Do we think Persky ordered Elmwood to keep Turner in protective custody or is that the warden's perogative?
Re: Larger question re. sexual violence and Brock Turner - dabigv13 - 06-10-2016
Emily?
Re: Larger question re. sexual violence and Brock Turner - winflop - 06-10-2016
I got some very interesting insight into the issue of rape on college campuses today from my son who just finished his freshman year. He's interning at my company so we get an hour plus every day of quality father-son time. It's really amazing for both of us. Quality time in the car, and he gets to see his old man in a whole new light.
At least at his school, the frequency of intentionally fraudulent accusations is just as high as the frequency of rape. Luckily he recorded what happened between a friend and his ex when she told him she was going to accuse him of raping her for breaking up with him. He went back to her the next day and told her if she took any such action he would share the recording with the school and ensure she was brought up on charges both at school and with the local authorities.
His view is that no amount of training/education by colleges will have a material impact because by the time a kid is 18 it's too late to rewire them without Orwellian-type actions. The high rates of both rape and fraudulent accusations is primarily the result of BAD PARENTING. He says the answer is a stronger "broken window" approach in middle school & high school to drive home that even minor transgressions are met with swift and harsh punishment. Root cause is parent enablers of bad behavior that gets worse over time.
I'd say the Turner situation pretty clearly aligns with this theory.
Re: Larger question re. sexual violence and Brock Turner - TreesAndBirds - 06-10-2016
(06-10-2016, 09:46 PM)dabigv link Wrote:Emily?
I believe she was referred to as "Emily Doe" in court docs.