Deleted
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Oct 7, 2024 11:16:36 GMT
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Post by Deleted on Jun 9, 2016 23:07:02 GMT
I understand that there is an effort to recall the judge. I also know that the victim can choose to file a civil case.
However, can anything be done to challenge the sentence that has already been handed down on the existing criminal case? Can the prosecution appeal it? If the defense appeals, can the new judge impose a stricter sentence?
I know there are varying opinions on if any of this SHOULD take place, but my question is if it is even legally possible.
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Deleted
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Oct 7, 2024 11:16:36 GMT
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Post by Deleted on Jun 9, 2016 23:19:22 GMT
I'm not an attorney, but I believe there are two instances where it's possible: 1. if the sentence were determined to be illegal, but I think that really is only possible if there was a mandatory minimum sentence that this is violating, or 2. if he appeals verdict and is retried, he could receive a more severe sentence. He'd probably have to be a giant idiot to do this.
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Post by papercrafteradvocate on Jun 10, 2016 3:01:20 GMT
I'm not an attorney, but I believe there are two instances where it's possible: 1. if the sentence were determined to be illegal, but I think that really is only possible if there was a mandatory minimum sentence that this is violating, or 2. if he appeals verdict and is retried, he could receive a more severe sentence. He'd probably have to be a giant idiot to do this. I believe #2 is incorrect, if he appeals and loses or is denied, the sentence would not be worse than what it was (unfortunately) And I don't think this is a case where if he appeals, and was be successful, that he would be tried again (double jeopardy)
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Post by ntsf on Jun 10, 2016 3:31:59 GMT
the local news said..nothing can or probably will be done about his sentence..though some are saying 6 months in the county jail is worse than a year or 2 at san quentin. several correctional officers were just convicted of murdering an inmate..it is in chaos and not a good place to be. esp as a rapist.
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Post by mom on Jun 10, 2016 3:34:41 GMT
the local news said..nothing can or probably will be done about his sentence..though some are saying 6 months in the county jail is worse than a year or 2 at san quentin. several correctional officers were just convicted of murdering an inmate..it is in chaos and not a good place to be. esp as a rapist. I am completely thinking this dude will get killed in jail. So many hate him.
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Deleted
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Oct 7, 2024 11:16:36 GMT
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Post by Deleted on Jun 10, 2016 4:22:41 GMT
the local news said..nothing can or probably will be done about his sentence..though some are saying 6 months in the county jail is worse than a year or 2 at san quentin. several correctional officers were just convicted of murdering an inmate..it is in chaos and not a good place to be. esp as a rapist. I am completely thinking this dude will get killed in jail. So many hate him. I'm not sure too many in jail are really going to be against him. However, it's pretty likely they'll separate him from inmates for his own protection.
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Post by DinCA on Jun 10, 2016 4:28:48 GMT
I just read on Facebook that he will be released after three months. I'm so angry about this.
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Post by hollymolly on Jun 10, 2016 12:16:16 GMT
the local news said..nothing can or probably will be done about his sentence..though some are saying 6 months in the county jail is worse than a year or 2 at san quentin. several correctional officers were just convicted of murdering an inmate..it is in chaos and not a good place to be. esp as a rapist. I am completely thinking this dude will get killed in jail. So many hate him. I didn't want to like this post because I don't want him to be killed, but I have been thinking this same thing. If not in jail, then after. He will pay, someday he will pay. It will probably be worse than the jail time would have been.
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Post by mrssmith on Jun 10, 2016 12:32:55 GMT
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uksue
Pearl Clutcher
Posts: 2,531
Location: London
Jun 25, 2014 22:33:20 GMT
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Post by uksue on Jun 10, 2016 13:19:36 GMT
The judge followed the direction of the probation report, so apparently that protects him and the sentence .
I just watched an interesting discussion about this case on LipTv/Crimetime on YouTube .
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Post by Layce on Jun 10, 2016 13:33:39 GMT
I get the sense that if the victim was a young virgin simply in the wrong place at the wrong time, Turner would be facing much harsher sentencing. The judge's sentence seems to imply that they are *both* culpable because of the circumstances surrounding the sexual assault.
The victim should definitely file a civil suit as well.
I hope she continues with counseling, and eventually she herself could go on the campus circuit to advise young students of the dangers of frat parties, binge drinking, and the risky behavior that led up to this horrific crime.
That's all.
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Post by ktdoesntscrap on Jun 10, 2016 14:21:11 GMT
the local news said..nothing can or probably will be done about his sentence..though some are saying 6 months in the county jail is worse than a year or 2 at san quentin. several correctional officers were just convicted of murdering an inmate..it is in chaos and not a good place to be. esp as a rapist. I am completely thinking this dude will get killed in jail. So many hate him. He is in special custody... so he is protected from the regular population of the jail. Irony.
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uksue
Pearl Clutcher
Posts: 2,531
Location: London
Jun 25, 2014 22:33:20 GMT
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Post by uksue on Jun 10, 2016 14:35:53 GMT
I get the sense that if the victim was a young virgin simply in the wrong place at the wrong time, Turner would be facing much harsher sentencing. The judge's sentence seems to imply that they are *both* culpable because of the circumstances surrounding the sexual assault. The victim should definitely file a civil suit as well. I hope she continues with counseling, and eventually she herself could go on the campus circuit to advise young students of the dangers of frat parties, binge drinking, and the risky behavior that led up to this horrific crime. That's all. It doesn't always have to be about risky behaviour though, when a predator is about . I have posted before about my daughter . She was in the second year of Uni and was playing host at a freshers party for the new intake . She is tiny and probably looked younger than most of the youngsters she was chaperoning ! She was working with another girl who went outside literally for 5 minutes for a cigarette : when she came back she couldn't find my daughter . In that short time my daughter was drugged and abducted by three men who should never have been at the party ( men in their mid to late 20's who were not atthat university , immigrants with a short vusitors visa ) My daughter was raped in the car on the way to a house belonging to the uncle of one of the men and again when she got there . She saw men lining up outside the room when she managed to get out of the room and run, escaping through the bathroom window and over the 8 ft garden fence . I have often thought how lucky she was that the men didn't drag her back and kill her- I honestly think the Lord was with her that night, as awful as the situation was. None of the security cameras showed how she had been subdued or removed from the building, but she is a sensible girl who wouldn't accept a drink off a stranger . As an aside the guys got away with it- the useless police there prevaricated over charging the men ( who were actually found by my ex, not the police) and they left the country going back to Guyana. A few weeks later the body of a young girl the same age was found in a nearby field. She had been raped multiple times and strangled . I've never been able to find out her story.
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Post by DinCA on Jun 10, 2016 14:41:24 GMT
I don't think this is over yet. It turns out that the minimum sentence for his convictions is two years and the judge disregarded it. There is so much outrage about the sentence, there is a move to have the judge removed from the bench, even garnering the attention of Joe Biden who has written an open letter to the victim.
I am holding out hope that there is cause for judicial misconduct.
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Post by annabella on Jun 10, 2016 14:57:36 GMT
uksue wow I'm so sorry, what a horrible thing to go through.
"The judge followed the direction of the probation report" - This made me wonder if more rapes get small amounts of time but we just don't hear about them and don't know that's the norm?
"The judge's sentence seems to imply that they are *both* culpable because of the circumstances surrounding the sexual assault." Just like there's different degrees with murder, I wonder if rape is seen differently depending on the circumstances. For instance a woman grabbed in the words and assaulted verses being drunk and having no memory of an assault. It seems that one is less violent so maybe that is what plays into the lesser sentence?
"saying 6 months in the county jail is worse than a year or 2 at san Quentin" I saw a commercial recently for a reality show of non-criminals going undercover in county jail and what a nightmare it was. Muhammad Ali's daughter was one of the people. Nothing at all like Orange is the New Black.
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Montannie
Pearl Clutcher
Posts: 3,486
Location: Big Sky Country
Jun 25, 2014 20:32:35 GMT
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Post by Montannie on Jun 10, 2016 15:01:34 GMT
Sue, your daughter's story is horrifying! I hope she is okay and coping. What horrible memories she must have. So sorry for you all.
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Post by twinks on Jun 10, 2016 15:07:28 GMT
Since it is obvious that he lied, can Brock be tried for perjury?
btw - I think he would be a fool to appeal.
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Post by crazy4scraps on Jun 10, 2016 15:08:43 GMT
uksue that is horrible. I'm glad she got away.
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uksue
Pearl Clutcher
Posts: 2,531
Location: London
Jun 25, 2014 22:33:20 GMT
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Post by uksue on Jun 10, 2016 15:16:31 GMT
Thanks for the good wishes, it's 7 years in September and my daughter has really proven herself to be a strong resourceful girl. She had to have anti-HIV meds for a few months, which caused horrible side effects and had an awful time with the police. But she never missed a day at Uni, still went on her years study in Spain the following year, got a great degree and is in a lovely long-term relationship now. I am so proud of her.
DinCa, from what I have read there is a hope-in-hells chance of the Judge being recalled or the sentence increased. I have to say that,had he been taking responsibility and remorseful, I would have more acceptance of the sentence. The only remorse he's shown has been to to the probation service compiling their report- pretty self serving . I think when you see his father's letter to court, you have an idea of why the kid is not taking responsibility though . The victim's letter by contrast, is so beautifully written and really makes you empathise with what she has gone and is going through.
This kid ran away and tried to evade arrest. He may have been intoxicated, but not so much that he didn't know he had done wrong! If he was my son,I would be so ashamed of him, not talking about his swimming prowess, eating steak etc! He would be on his knees, begging the victim's forgiveness.
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Deleted
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Oct 7, 2024 11:16:36 GMT
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Post by Deleted on Jun 10, 2016 16:02:50 GMT
I get the sense that if the victim was a young virgin simply in the wrong place at the wrong time, Turner would be facing much harsher sentencing. The judge's sentence seems to imply that they are *both* culpable because of the circumstances surrounding the sexual assault. The victim should definitely file a civil suit as well. I hope she continues with counseling, and eventually she herself could go on the campus circuit to advise young students of the dangers of frat parties, binge drinking, and the risky behavior that led up to this horrific crime. That's all. It doesn't always have to be about risky behaviour though, when a predator is about . I have posted before about my daughter . She was in the second year of Uni and was playing host at a freshers party for the new intake . She is tiny and probably looked younger than most of the youngsters she was chaperoning ! She was working with another girl who went outside literally for 5 minutes for a cigarette : when she came back she couldn't find my daughter . In that short time my daughter was drugged and abducted by three men who should never have been at the party ( men in their mid to late 20's who were not atthat university , immigrants with a short vusitors visa ) My daughter was raped in the car on the way to a house belonging to the uncle of one of the men and again when she got there . She saw men lining up outside the room when she managed to get out of the room and run, escaping through the bathroom window and over the 8 ft garden fence . I have often thought how lucky she was that the men didn't drag her back and kill her- I honestly think the Lord was with her that night, as awful as the situation was. None of the security cameras showed how she had been subdued or removed from the building, but she is a sensible girl who wouldn't accept a drink off a stranger . As an aside the guys got away with it- the useless police there prevaricated over charging the men ( who were actually found by my ex, not the police) and they left the country going back to Guyana. A few weeks later the body of a young girl the same age was found in a nearby field. She had been raped multiple times and strangled . I've never been able to find out her story. This brought tears to my eyes. I am so sorry for your daughter. I am glad she was able to get away....it is horrible.......
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Post by ilikepink on Jun 10, 2016 16:57:23 GMT
Sue-I am so sorry that happened to your daughter. My heart breaks for both of you - glad to hear she has proven herself to be a strong woman. My respect to both of you for getting her to where she is now.
IME, the judge is an idiot and missed the mark with this one. He is no longer effective, and needs to be removed from his job. Like now.
There is no doubt that the "culture" of parties/drinking in colleges needs to be improved - but that has been a problem for decades. To me, the problem is this #*(^ kid, along with many others, has never been taught respect or had to suffer the consequences of his actions. Lots of people at that party were (probably) drunk - yet only one committed rape. Athletes frequently are treated differently in school, and may not be punished the way the "regular" students are. I don't want to throw his parents under the bus (even though dad may belong there), but if he was raised as a "snowflake" and wasn't taught to respect other people or be punished for breaking rules/laws, then it's not a surprise he acted like this. But he is still responsible.
As much as I respect this young lady's privacy, I'd love the media attention (and mine) to turn away from his unforgivable actions, allow him to serve his punishment (such as it is), and focus on her beauty and strength. As have many other women, she has gone through a horrendous experience, and my thoughts and prayers and best wishes are with her.
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Post by kimpossible on Jun 10, 2016 17:34:26 GMT
Well, every news station has this story, it is all over the internet and his Dad has been called out for his letter. In the court of public opinion, the guy has been issued a much longer sentence.
USA Swim has banned him from life. Even if it is appealed, even if he is let out early - he has been crushed all over the world by this story.
I think he will get a pretty harsh sentence with trying to move on with his life after he serves his time. Job opportunities may be fewer than before and certainly his athletic career is now not a possibility.
Not saying I feel bad for the guy - but my gosh he has certainly been prosecuted away from court for sure. All of this publicity may end up making a very hard life for him. Good thing his Dad supports him - he will probably be living at home for quite awhile now.
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Post by mrssmith on Jun 10, 2016 18:05:15 GMT
All of this publicity may end up making a very hard life for him. Good thing his Dad supports him - he will probably be living at home for quite awhile now. Probably. Depending on where his parents live. Since he will have to register as a sex offender, his options for housing will be limited. I think if he'd gotten the sentence he deserved, there would not be this much publicity.
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Post by kimpossible on Jun 10, 2016 18:12:43 GMT
All of this publicity may end up making a very hard life for him. Good thing his Dad supports him - he will probably be living at home for quite awhile now. Probably. Depending on where his parents live. Since he will have to register as a sex offender, his options for housing will be limited. I think if he'd gotten the sentence he deserved, there would not be this much publicity. Agreed
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Post by Outspoken on Jun 10, 2016 18:40:27 GMT
Just out of curiosity, does anyone know if he could swim for a different country at the olympics? I assume his USA Swimming ban will prevent him from Olympic swimming for the US. He should learn to speak a foreign language and move because I believe his life in the US is in danger! Not that I feel sorry for him. Just sayin
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Post by refupea on Jun 10, 2016 18:47:04 GMT
I heard on the news this morning his father set up a gofundme (or a similar site) account to help with the legal fees.
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Post by shevy on Jun 10, 2016 18:59:52 GMT
And now jurors are refusing to sit for the judge! This is so interesting. They are appealing the sentence because they don't want him to have to register his whole life.
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Deleted
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Post by Deleted on Jun 10, 2016 19:04:32 GMT
Just out of curiosity, does anyone know if he could swim for a different country at the olympics? I assume his USA Swimming ban will prevent him from Olympic swimming for the US. He should learn to speak a foreign language and move because I believe his life in the US is in danger! Not that I feel sorry for him. Just sayin Yes, but you have to establish as a citizen of that country first. Unfortunately, it's fairly easy and common for athletes at that level, hopefully countries will reject him on their own accord.
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Post by Outspoken on Jun 10, 2016 20:02:48 GMT
Just out of curiosity, does anyone know if he could swim for a different country at the olympics? I assume his USA Swimming ban will prevent him from Olympic swimming for the US. He should learn to speak a foreign language and move because I believe his life in the US is in danger! Not that I feel sorry for him. Just sayin Yes, but you have to establish as a citizen of that country first. Unfortunately, it's fairly easy and common for athletes at that level, hopefully countries will reject him on their own accord. Thanks. I would hope he would be rejected!!!
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Post by anniefb on Jun 10, 2016 23:22:21 GMT
Can the prosecution appeal the sentence? In New Zealand at least if the prosecution is unhappy with the sentence imposed by the judge, they can appeal to a higher court (or in some cases at least seek leave to do that if there is no appeal as of right.
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