Los Angeles
But he’s also facing a different kind of threat from the local district attorney’s office.
Santa Clara County prosecutors on Tuesday blocked Superior Court Judge Aaron Persky from hearing another sex crime case, citing his decision in the Turner case.
“We are disappointed and puzzled at Judge Persky’s unusual decision to unilaterally dismiss a case before the jury could deliberate,” District Attorney Jeff Rosen said. “After this and the recent turn of events, we lack confidence that Judge Persky can fairly participate in this upcoming hearing in which a male nurse sexually assaulted an anesthetized female patient. In the future, we will evaluate each case on its own merits and decide if we should use our legal right to ask for another judge in order to protect public safety and pursue justice.”
California court procedures allow prosecutors or defense lawyers to file a motion to remove a judge from a case and have it reassigned to another jurist.
Legal experts described the move, known as papering, as unusual but hardly unheard of.
“You have a right to remove one judge one time in a case. You are saying you believe another judge will be fairer. It is rare. It is a strategic call, but it does happen,” said Dmitry Gorin, a defense attorney and a former sex crimes prosecutor in Los Angeles. “Sometimes papering a judge sends a message to the judge.”
It’s unclear whether Santa Clara prosecutors will challenge Persky on other cases.
Prosecutors sought to have Persky removed after several jurors refused to serve in the judge’s courtroom because of his actions in the Turner case.
