A three-judge panel of the 6th District Court of appeal issued its unanimous ruling on Wednesday, announcing that Turner had indeed received a fair trial. To say nothing of his famously lenient sentence, a mere six months in jail, handed down by Judge Aaron Persky. In June, Persky became the first judge whom California voted to recall in 86 years.
In July, Turner’s lawyer, Eric Multhaup, attempted the perverse argument before an appellate court that his client’s conviction should be reversed on the grounds that Turner was seeking “outercourse” with his victim. Turner was convicted on two counts of digital penetration of an intoxicated and unconscious person, so this rhetorical tactic was a disgrace.
Judge Franklin Elia, writing on behalf of the panel, stated that there was “substantial evidence” to support Turner’s conviction. Stanford law professor Michelle Dauber, who led the campaign to recall Persky, commented on the court’s decision saying that “everyone, including Brock Turner, would be better served by accepting the jury’s verdict and moving on.”
