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Former Stanford swimmer Brock Turner information enchantment in intercourse assault case
04 December 2017, 01:27 | Ross Houston
Brock Turner is appealing his conviction after getting a six-month prison sentence for three felonies
Brock Turner is appealing his rape conviction after being sentenced to six months behind bars for sexually assaulting an unconscious woman outside a fraternity party.
In a 172-page brief filed Friday in the Sixth District Court of Appeal, Brock Turner also takes aim at embattled Santa Clara County Superior Court Judge Aaron Persky for not instructing jurors to consider lesser criminal charges in their deliberations and excluding testimony from character witnesses that might have otherwise convinced them Turner was actually telling the truth when he claimed the sexual contact was consensual.
An vast amount of public scrutiny was being applied at the time of Turner's trial, especially by virtue of the words of his anonymous victim.
Camera IconStanford rapist Brock Turner has been banned from swimming for life.
Turner was convicted of three felony counts of sexual assault.
Turner's request for a new trial, first reported in the San Jose Mercury, hangs on a statement that a prosecutor tainted the jury by repeatedly saying the assault occurred "behind the dumpster".
Turner's lawyers are arguing that the assault did not happen "behind the dumpster", but near one.
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The appeal said the use of the term dumpster "implied moral depravity, callousness and culpability on the appellant's part because of the inherent connotations of filth, garbage, detritus and criminal activity frequently generally associated with dumpsters".
Camera IconBrock Turner's mugshot from night of initial arrest.
"What we are saying is that what happened is not a crime", John Tompkins, Turner's legal adviser, told KNTV about the appeal. They further state that they do not believe what happened was a crime.
As previously reported, two graduate students witnessed Turner raping the unnamed woman - who was referred to as Emily Doe during the trial - in January 2015 and chased him before holding him down until police arrived.
The six-month sentence also prompted global outcry as too lenient.
He served three months in prison for the assault before being released late previous year.
They hope a new trial will also help overturn his mandatory lifetime requirement to register as a sex offender. However, in June 2016, Persky sentenced Turner to just six months in prison, sparking outrage across the nation.
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