Ex-Stanford swimmer Brock Turner loses appeal to overturn sexual assault conviction

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Brock Turner has lost an appeal to overturn his 2016 conviction for sexual assault. (KGO-TV)

An appeals court on Wednesday rejected a former Stanford University swimmer's bid for a new trial and upheld his sexual assault conviction.

The three-judge panel of the 6th District Court of Appeal in San Jose ruled Wednesday that there was "substantial evidence" that Brock Turner received a fair trial.

In 2016, a jury convicted Turner of sexually assaulting an intoxicated and unconscious woman outside an on-campus fraternity party.

The Associated Press doesn't generally identify sexual abuse victims.

Judge Aaron Persky rejected a prosecutor's demand for a lengthy prison term and instead sentenced Turner to six months in jail. He was released from jail in September 2016 after serving three months.

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 sparked nationwide outrage by those who felt it too lenient. Voters recalled Persky in June.

The sentence was not part of the appeal and the judges didn't address it.

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.
Related Topics:
Brock Turnersex crimesex crimessexual assaultlegalsanta clara countystanford universitycourt caseNorthern California
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