Brock Turner, a former Stanford University student, sparked nationwide outrage past year when he received a jail sentence of just six months after being convicted for sexually assaulting an unconscious, intoxicated woman beside a dumpster.
In their filing, Turner's attorneys said their client was denied due process at a trial they described as a "detailed and lengthy set of lies". However, in June 2016, Persky sentenced Turner to just six months in prison, sparking outrage across the nation.
The former Stanford University swimmer was arrested in 2015, aged 19, after he was seen on top of an unconscious woman outside a fraternity house during party.
Turner was convicted of sexual assault of an unconscious person, sexual assault of an intoxicated person and sexual assault with intent to commit rape.
According to Santa Clara County District Attorney Jeff Rosen, however, Turner's effort to appeal his conviction in favor of a new trial is futile.
Among the claims in the documents is the notion that the jury in the trial was "tainted" because prosecutors repeatedly stated the assault was committed behind a dumpster.More news: When Miss World 2017 Manushi Chhillar met Sushmita Sen
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Turner's victim, known only as "Emily Doe", had submitted a 12-page account of the sexual assault for sentencing purposes.
"His conviction will be upheld", he said. "Nothing can ever roll back (the victim's) legacy of raising the world's awareness about sexual assault".
Turner's hope is that a new trial will establish innocence so that he's ultimately not forced to register as a sex offender-which is required for the rest of his life as an aspect of his sentence.
In the appeal, Turner's legal team claims they were at a disadvantage on three fronts: The jury did not get a lot of evidence that represented Turner's character; The jury was not allowed to consider a lesser offense; The jury was subjected to "extensive "behind-the-dumpster" propaganda". Jerry Brown a year ago that added mandatory-minimum prison sentences for sexual assaults and expanded the definition of rape to include digital penetration would not apply because they were not in effect when the crime occurred.
"The problem with this case wasn't that Judge Persky was unfair to Brock Turner, it was that he was unfair to the victim when he sentenced Turner to only a few months in county jail", she said. Turner is seeking a new trial through California's Sixth District of Appeals.