OTR Interviews

Professor leading charge to recall rape judge speaks out

Professor who's a longtime friend of woman raped while unconscious makes an 'On the Record' case for recalling Judge Aaron Persky for his lenient sentence for Brock Turner

 

This is a rush transcript from "On the Record," June 9, 2016. This copy may not be in its final form and may be updated.

 

KIMBERLY GUILFOYLE, FOX NEWS HOST: Stanford Law Professor Michele Dauber leading the recall effort to get Judge Persky off the bench. And Professor Dauber goes On The Record with us tonight. 

This is really appalling what has happened here, such a grotesque miscarriage of justice. I served that faithfully as a prosecutor in San Francisco and Los Angeles district attorney's office fighting cases on behalf, you know of victims of violent crimes, sexual assault. And to get a sentence like this, how in any way possible could this be justified? How could this judge justify it? Any reports to back this up?

MICHELE DAUBER, STANFORD LAW PROFESSOR: No. I think this sentence is clearly unjustified. In fact, I think that the judge bend over backwards in order to give this young man a very lenient sentence. And, you know, quite frankly, the minimum sentence prescribed by the legislature for, this as I'm sure you know, Kimberly, is two years. And, you know, that is not, frankly, a lengthy sentence. So he wasn't looking at 25 to life. He was looking at two years, possibly four, and/or six, and you know, two years is, you know, should have been a reasonable, at least minimally sentence for this crime.

GUILFOYLE: It's really outrageous, because his conduct and behavior would qualifies as sexually violent predator and studies show time and time again, individuals like this, there is a high rate of recidivism, there are individuals back out in the community that can pose a serious danger or threat or risk to re-offend and you know it's terrible. The message that it sends is just, you know to that values of life of this young woman didn't mean anything. I mean, six months for this. Tell me what kind of support you are getting now that this is getting so much national attention. And you see jurors now stating that they are not going to serve because they cannot be fair in front of this judge, because of what has happened.

DAUBER: You know, I think the jury thing is quite interesting. Because I think the reason for that is that Judge Persky really undermined the jury's verdict in this case when he sentenced this young man below the statutory guideline of two years. I'm sure the jurors left that courtroom after they convicted him for three serious sex felonies thinking that they had done a good job and that they -- that he would now be serving a sentence and when they learned that he had given him this very lenient sentence, basically sentenced him for a misdemeanor, he undid their work. He broke faith with the jury. So I don't blame individuals for not wanting to serve under him. They don't trust him.

GUILFOYLE: Well, and it's also their obligation, right, to tell the truth and be forth right. If they have a reason why they cannot serve and be fair and impartial. They are obligate to tell and inform the court, and that is what he gets. So, but I do want to focus here, you know on the victim, on this young woman. I understand that you know her. What can you tell us about her tonight?

DAUBER: Well, she is very gratified by all the support that she is getting. The letter from ViCe President Biden, the facts that represented Jacque Sphere, who I admire greatly, has organized a reading of her letter.

GUILFOYLE: Great friend of mine.

DAUBER: Yes. She is a remarkable fighter for women and champion for women's rights. And she is going to organize a reading on the house floor by representatives, you know, each taking a paragraph of the letter. I think that would be very moving. I mean, she is just blown away by how much it resonated. But let me just say that I think her words, you know have really reached out and touched so many people. Not just because it's well written but it is and a great piece of literature which it is but also because it gives voice to the feelings that millions of women and men who have been victims of sexual violence have never had the ability to express.

GUILFOYLE: It's so courageous and fearless. You know she is to be commended for that because it takes a lot. Especially having gone through so much to say, you know what, I want to give back and make sure that other people can feel safe and victims of violent crime and sexual assault can come forward and give voice to stop this level of violence against women, unbelievable. Well, we admire you too, professor, for doing. This I think it's really important. We certainly appreciate your time tonight.

DAUBER: Thank you very much. If you are interested in.

GUILFOYLE: Go ahead. If we are interested - go ahead.

DAUBER: If you are interested in joining the recall, you can visit www.recallaaronpersky.com and you can get information and sign up for updates and donate there.

GUILFOYLE: All right. Fantastic and our viewers have heard it and hopefully they will act on it.