Papering Persky

Judge Aaron Persky now has to deal with the fact that prosecutors don’t trust him.

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,” Dist. Atty. 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.”

They can do that.

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.

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.

Persky could not be reached for comment.

An effort to recall Persky is gaining steam, with several political groups vowing to raise money for the campaign.

One of the jurors who voted to convict Turner of sexual assault wrote a letter to Persky saying he was “absolutely shocked and appalled” at the six-month sentence.

Some legislators are saying the laws on rape need updating.

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