Doug Gottlieb (19:29)
Brock Turner's statement did little to sway public opinion. His words were viewed by most as an attempt to minimize his responsibility and deflect blame onto external factors rather than taking full accountability for his actions. After all, the prosecution had already dismantled his narrative of being a naive and inexperienced young man, presenting copious evidence of partying, drinking and drug use. Long before the night of the attack on Chanel Miller, a statement from Brock's father, Dan Turner, ignited additional public disgust. In his letter to Judge Persky, Dan argued for leniency, saying, Brock's life has been deeply altered forever by the events of January 17th and 18th. His every waking minute is consumed with worry, anxiety, fear and depression. You can see this in his face, the way he walks, his weakened voice, his lack of appetite. Brock always enjoyed certain types of food and is a very good cook himself. I was always excited to buy him a big Rib eye steak to grill or to get his favorite snack for him, I had to make sure to hide some of my favorite pretzels or chips because I knew they wouldn't be around long after Brock walked in from a long swim practice. Now he barely consumes any food and eats only to exist. These verdicts have broken and shattered him in our family. In so many ways, his life will never be the one that he dreamed about and worked so hard to achieve. That is a steep price to pay for 20 minutes of action out of his 20 plus years of life. Hmm. Worrying about Brock for losing his appetite for steak and pretzels after committing an unconscionable sexual assault seemed entirely dismissive of Chanel Miller's deep suffering. Dan Turner's statement instantly became a symbol of the privilege and entitlement many people feel had characterized Brock's defense. Notably, John Pavlovitz, a pastor, blogger, and father in Wake Forest, North Carolina. Wrote Dan Turner a note of his own entitled to Brock Turner's father from another father. In it, John told Dan, quote, I need you to understand something. And I say this as a father who dearly loves my son as much as you must love yours. Brock is not the victim here. His victim is the victim. She is the wounded one. He is the damager. She will endure the unthinkable trauma of his 20 minutes of action for the duration of her lifetime. And the fact that you seem unaware of this fact is exactly why we have a problem foreign It's a problem that Chanel Miller addressed personally in her victim impact statement, addressing Brock with the words, you don't know me, but you've been inside me. And that's why we're here today. That's how I begin every day of my life, wondering where you are and what you'll do next. If you'll hurt someone else, what else you'll take away? I'm the victim of a sex crime. So instead of feeling guilty that you'll go to jail, I feel grateful. Grateful that the system worked, grateful that my voice was heard, grateful that you will learn from this and that it might deter others from committing the same crime. Chanel's statement went viral, striking a chord with millions of women and drawing widespread attention to her case. Advocacy groups and celebrities praised her courage. Even then, Vice President Joe Biden penned an open letter to Chanel in which he wrote, you will save lives. You will change lives. You have already done so. But would Judge Aaron Persky take up the cause of sexual assault survivors? Would he throw the book At Brock Turner with up to a 14 year prison sentence or grant him leniency as requested by the defense. In June 2016, almost a year and a half after Chanel Miller was brought brutally assaulted, Judge Persky sentenced Brock Turner to just six months in county jail and three years of probation, citing Brock's age, lack of criminal history, and the potential impact a longer sentence would have on his life. A prison sentence would have a severe impact on him. I think he will not be a danger to others, Judge Persky stated during the sentencing. Shockingly, the judge also said that, quote, there is less moral culpability attached to the defendant who was legally intoxicated. In other words, Judge Persky rationalized that if someone is drunk and commits a crime, they shouldn't be held fully responsible for their actions under the law. His nonchalant determination shook the foundation of the judicial system, and ripples of outrage were swift and and relentless. First, the jury raged, with one male juror writing to Judge Persky that, quote, after the guilty verdict, I expected that this case would serve as a very strong deterrent to on campus assaults. But with the ridiculously lenient sentence that Brock Turner received, I am afraid that it makes a mockery of the whole trial and the ability of the justice system to protect victims of assault and rape. Clearly, there are few to no consequences for a rapist, even if they are caught in the act of assaulting a defenseless, unconscious person. It seems to me that you really did not accept the jury's findings. We were unanimous in our finding of the defendant's guilt, and our verdicts were marginalized based on your own personal opinion. This punishment you've set does not fit the crime. Mr. Turner, convicted of three felony counts of sexual assault, will serve three months in county jail after serving the customary time of his six month sentence. Justice has not been served in this case. The jury's verdict of guilt on all three felony counts of sexual assault was completely disregarded in an effort to spare the perpetrator a hardship. What message does this send to the victim and indeed all victims of sexual assault and rape, especially those on college campuses? Your concern was for the impact on the assailant. I vehemently disagree. Our concern should be for the victim. Shame on you, Judge Persky. For Judge Aaron Persky, being shamed by the jurors was just the beginning. The Atlantic reported that the personal fallout was swift for Persky, whose office began receiving threatening phone calls. There was also an immediate online petition to recall Judge persky, which collected 1.2 million signatures in an instant the Santa Clara District Attorney's office filed a successful motion to stop Judge Persky from presiding over another sexual assault case within a week of Brock Turner's sentencing. And by 2018, Judge Aaron Persky was simply Aaron Persky. He became the first judge in California to be recalled from the bench since 1932, when he finally gained new employment in September 2019 as a junior varsity girls tennis coach at Lynbrook High School in San Jose. His employment was terminated after just four days amidst community outcry. Society was sending a strong message. While Aaron Persky might tolerate sexual abuse and classism in the justice system, an overwhelming percentage of Americans were sick to death of it. So should Aaron Persky's recall from the bench be celebrated as a victory for justice? On the one hand, Stanford law professor Michelle Dawber argues yes, writing in the Washington Post that it is the very fact that judges like Persky often exercise discretion in favor of defendants like Brock Turner that preserves a system in which poor and minority defendants receive long sentences. Yet others disagreed with Professor Dawber, explaining that though Judge Persky's recall may feel empowering in practice, it's harmful. Retired Judge Ladoris Cordell, a pioneering feminist and the first black woman judge in Northern California, argued that recalling a judge for being lenient could have unintended consequences such as undermining judicial independence and leading to more punitive sentencing, potentially harming black and Latino defendants. On the heels of Judge Cordell's warning, two political scientists from NYU and the University of Chicago actually conducted a study on the impact of the Aaron Persky recall campaign on criminal sentencing. Their research, published in October 2020, revealed that judges began imposing sentences that were roughly 30% longer on average, immediately after the recall campaign became public. And that much as Judge Cordell had feared, these increased sentences maintained pre existing racial disparities disproportionately affecting black and Hispanic defendants. The study also found that the longer sentences were primarily imposed for non sexual and non violent crimes, raising questions about the impact of Aaron Persky's recall. As Aaron Persky came to grips with a new, diminished reality following the Brock Turner trial, Brock himself prepared for a future without swimming. Right after his sentencing, USA Swimming, the national governing body for competitive swimming in the United States, issued a statement that he was ineligible for membership under their zero tolerance policy for sexual misconduct. This meant Brock would never be allowed to compete in any USA Swimming sanctioned events, including the Olympic trials. And so, upon his release from jail on September 2, 2016, Brock returned to his family's home in Dayton, Ohio. Reporters camped outside his house and news outlets eagerly followed any updates about his post Jail life the intense public and media scrutiny made it difficult for Brock to reintegrate into society and resume any semblance of normalcy. In 2018, Brock tried to overturn his conviction through the appeals process, with his legal team arguing that the initial trial was unfair due to misleading statements made by the prosecution and incorrect jury instructions. However, the prosecution defended the original conviction without issue, and in August 2018, the appellate court rejected Brock Turner's appeal. He remains registered as a sex offender and is subject to ongoing monitoring by law enforcement for the rest of his Life. As of 2019, the Daily Mail reported that Brock was working an entry level job at TARC Incorporated, a firm that manufactures cooling technology for medical appliances, earning $12 an hour, a source at the company said. He's really quiet and polite. He doesn't say much and he's not really chatty with anyone. He just keeps his head down and does his job. No problems. By 2022, Brock had moved into a house three minutes away from the University of Dayton. To the great ire of locals, there is actually a network of women who use Brock's status as a registered sex offender to keep one another safe. One post from this group, dubbed the Whisper Network, reads, Brock Turner is frequenting bars in the area. Do not let him leave with an intoxicated woman. Inform the women of who he is. Inform the bartender, the bouncers. Brock Turner does not belong in public. The swimming sensation, once destined for greatness, now lives forever in the shadow of his actions the night of January 17, 2015. And while he goes by his middle name these days, Alan Turner rather than Brock Turner, the public has a long and unforgiving memory where he is concerned. Meanwhile, Chanel Miller began her own incredible journey towards healing and reclaiming her identity. While she did not publicly reveal her identity throughout the trial, going only by Emily Doe on November 1, 2016, she was anonymously recognized as a Woman of the Year by Glamour magazine for changing the conversation about sexual assault forever. Chanel's impact statement had been read over 11 million times by then, highlighting the profound effect her words had on the public discourse. In 2019, buoyed by overwhelming public support, Chanel Miller decided to step forward at last and reveal her identity to the world on 60 Minutes. The interview coincided with the publication of her memoir, Know My Name, which provides an unflinching look at her experience from the assault and trial to her path to recovery. Chanel's memoir was met with widespread acclaim priority. Praised for its honesty, eloquence and powerful narrative, it became a bestseller, debuting at number two on the New York Times bestseller list for nonfiction, and was lauded for shedding light on the realities of sexual assault. The memoir won several awards, including the National Book Critics Circle Award for autobiography. In 2019, Oprah Winfrey selected Know My Name for her book club, calling it a searingly, beautifully written and courageous account of a survivor reclaiming her narrative and speaking out against injustice. Today, Chanel Miller continues to be an advocate for justice and change. Her journey from victim to survivor and activist serves as a powerful reminder of the strength of the human spirit and the importance of fighting for what is right. Keep up with her at chanel-miller.com as she continues to to make a Difference there's no doubt about it, the Brock Turner scandal is a complex brew that continues to serve up stark reminders of the complexities and challenges in addressing sexual assault. With significant flaws in our justice system laid bare, no other case in recent memory has sparked such broad conversation about the treatment of survivors and accountability of perpetrators. Join me, your host and brave barista J. Harris, back here next week for another episode of Playing Dirty Sports Scandals. Playing Dirty Sports Scandals is a production of Dan Patrick Productions, Never Ever Productions and Workhouse Media from executive producers Dan Patrick, Paul Anderson, Nick Panella, Maya Glickman and Jennifer Clary. Hosted by Jay Harris. Written and produced by Jen Brown, Francie Hakes, Maya Glickman and Jennifer Clary.
