A year ago, Brock Turner was arguably the most despised young man in America. The former Stanford University student-athlete was convicted of sexually assaulting an unconscious woman. Turner was sentenced to 6 months in jail, sparking national outrage. To make things worse, he ended up serving only half of the sentence for good behavior. The story of Turner made national headlines at the time. Critics questioned whether Turner received preferential treatment. To many, he became the face of so-called “white privilege”. Fast forward a year later, Turner is back in the news after his attorney has filed an appeal to overturn his sentence as a registered sex offender.
Turner’s criminal defense attorneys are not only requesting an appeal, but they are also requesting a new trial. His legal team has submitted a 172-page document about the night of the attack. The report primarily focuses on how intoxicated the victim was during the assault. Turner was charged with sexual assault after two fellow Stanford students saw him commit the attack back in January 2015. A jury found Turner guilty of assault with the intent to commit rape of an intoxicated and unconscious person along with penetration of an unconscious and intoxicated person. The massive document filed by Turner’s attorneys places an emphasis on the victim’s blood alcohol level and Turner’s history and reputation of good moral character. Turner’s defense team also insist their client was denied due process during his trial.
There are some questions about the exact details of the trial that could go in Turner’s favor. Throughout the trial, the prosecution insisted the assault took place behind a dumpster. However, Turner’s criminal defense team alleges the assault actually took place near the dumpster rather than behind it. They contend the distinction is important because it alleges misconduct by the prosecution. By alleging the crime happened “behind the dumpster” the prosecution created an even more unfavorable impression of the incident.
Another important overlooked factor from the trial was the exclusion of character witnesses on Turner’s behalf. Turner’s attorneys contend by denying character witnesses, their client was denied a fair trial. The report also contends the prosecution failed to provide sufficient evidence to support all three counts of conviction. However, Santa Clara County district attorney Jeff Rosen disagrees and says Turner received a fair trial and was rightfully convicted. Rosen also believes the conviction will be upheld.
Not all criminal cases are equal. If you are a public figure, athlete or celebrity, there is a lot to lose. Just one conviction for sexual assault or rape can cost a person their career and ultimately their freedom. Over the years, the criminal defense attorneys at Okabe & Haushalter have utilized an aggressive and comprehensive approach to protect the rights of each client and to place them in the best position to succeed. It is part of their complete commitment to always lookout for the best interests of each client. Do not take chances with your legal representation. To learn more, contact their law offices in Los Angeles or Chicago and schedule a consultation to discuss your case.