Last year, a California jury found Brock Turner guilty of three counts of sexual assault – assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person and penetration of an unconscious person.
Despite facing a maximum of 14 years in prison, he was sentenced to six months, and was subsequently released after three months for good behaviour.
He was arrested in January 2015 after he was caught assaulting an intoxicated 22-year-old woman. The two Swedish men who stumbled across the incident were so disturbed by what they saw that they cried when police arrived.
Turner attempted to run away when he was caught, which makes the already lenient six month sentence even more shocking. He was 19 at the time.
Prosecutors had asked that Turner get a six year sentence and under normal sentencing guidelines he should have been given at least two years. The judge said he feared a longer sentence would have a “severe impact” on Turner. It was continually referenced he was a champion swimmer during the trial.
Turner’s victim wrote an incredibly powerful letter about the impact the assault had on her life which made stirs around the globe, garnering reactions from Hollywood stars and senior politicians.
She was praised for raising the world’s awareness about sexual assault.
Turner is now looking to overturn his conviction, his lawyers requesting a new trial with truly shocking justification.
The 172-page appeal document disappointingly focuses on how drunk the victim was on the night of the attack.
Shockingly, it also argues the trial was “fundamentally unfair”.
Because during the trial, it was stated the assault occurred “behind the dumpster”.
Turner’s lawyers are arguing that the assault did not happen “behind the dumpster”, but NEAR one.
His lawyers argue this inaccuracy amounted to prosecutorial misconduct.
“What we are saying is that what happened is not a crime,” John Tompkins, Turner’s legal adviser, told KNTV. “It happened, but it was not anywhere close to a crime.”
More as we get it.