Palo Vol. XXXIX, Number 32 Q May 11, 2018 Alto Palo Alto Unified picks new superintendent Page 10 www.PaloAltoOnline.comwww.PaloAltoOnline.com ELECTION SHOWDOWNS Recall of judge, challenge of incumbent sheriff on June 5 ballot Page 5, 7 Summer Class Guide 33 Pulse 19 Transitions 21 Spectrum 22 Eating Out 29 Movies 32 QArts Improv with an Indian flavor Page 25 QHome How to grow successful succulents Page 38 QSports Teams dive into CCS swimming meet Page 57 saturday may 19 9 am – 2 pm Health Matters is a free community event where you can hear from Stanford Medicine’s world-renowned physicians and health-care experts on the latest medical innovations and get tips on healthy living. Topics include: heart health, immunotherapy, stroke prevention, palliative care, chronic disease, and more. Join us Saturday, May 19, at the corner of Campus Drive and Roth Way on the Stanford University School of Medicine Campus. Register online today at healthmatters.stanford.edu. 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Page 4 • May 11, 2018 • Palo Alto Weekly • www.PaloAltoOnline.com UpfrontLocal news, information and analysis As recall vote nears, judge defends his record Aaron Persky speaks out about judicial independence, sentencing first-time offenders by Elena Kadvany t was almost three years ago through legal means to block the that Judge Aaron Persky recall; his third attempt was de- I handed down his highest- nied by the California Supreme profile sentence in a windowless Court last week.) Palo Alto courtroom. But now, with less than a month The six months in jail that he left until election day, he is ven- gave to former Stanford Univer- turing back into the public eye sity student Brock Turner, who to make his case to voters. He’s had been convicted of sexually granted media interviews and assaulting an unconscious and held a press conference in Palo intoxicated young woman on Alto on Tuesday. campus the year prior, set off a In an interview with the Palo firestorm of public outrage so Alto Weekly on May 4, Persky strong that he is now facing a re- argued that the recall would set a call election on June 5. His oppo- dangerous precedent for judges, nents argue he has demonstrated who pledge to make decisions in- a pattern of bias against women dependent of public opinion. in sexual and physical violence “I trust that my colleagues on cases. His supporters say Persky the bench will keep their promise, followed the letter of the law in their oath,” he said. “But ... will those cases and contend that the Jane Q Public, looking at what’s recall, if successful, will do ir- happened to Judge Persky, think, reparable damage to judicial in- ‘OK, (in) the next tough sexual- dependence as well as remove a assault sentencing, is this judge Pardee Adam thoughtful, respected judge. going to be able to step into that Aaron Persky, a Santa Clara County Superior Court judge, addresses the media on May 8 about the As a sitting judge, Persky is case and completely tune out effort to recall him, which is on the June ballot. barred from publicly commenting what’s going on around her?’ on open cases he presided over. “We’re required under the code Persky said that while he has rendered are inappropriate. making, I think that is a step too After launching his official retain of judicial ethics to promote pub- doesn’t dispute the right to re- “Substantively I think that re- far,” Persky said. “It really runs campaign in 2016, he released a lic confidence in the judiciary,” call a judge — a relatively rare calls are appropriate where judg- the risk of putting judges out short statement but has otherwise he continued. “I think the recall provision in existence in just es are either incompetent or com- there in the political arena and declined to speak publicly. (Be- will shake that confidence, and nine states — he believes recalls mit misconduct, but when recalls hind the scenes, Persky has tried that’s why I’m against it.” based on the sentences a judge are based on judges’ decision (continued on page 12) A case of child alcoholism, marijuana use and Analysis: the ‘pattern’ cases pornography being molested himself as a obert Chain was arrested child. In June, Persky sentenced by Elena Kadvany in Sunnyvale in May 2014 Chain to four days in county Rfor possession of child jail (two days of which he had ix criminal cases are at athletes in cases involving vio- her own accord, he said. pornography following an inves- already served, plus two days the heart of the campaign lence against women. The role of the probation de- tigation conducted by the Silicon he earned through credit), three Sto unseat Santa Clara The anti-recall campaign partment also differed across Valley Internet Crimes Against years of probation and lifetime County Superior Court Judge argues Persky’s decisions in the cases. Some but not all of Children Task Force. Chain, who sex-offender registration. Con- Aaron Persky. each case were lawful and il- the cases had full probation is Caucasian, was then 48 years ditions of his sentence included The first is the most well- lustrate the record of a judge reports, meaning the proba- old, living in San Jose and em- participation in a sex-offender known: Brock Turner, the who leaned correctly toward tion department interviewed ployed as a plumber. He had a program, individual therapy and former Stanford University rehabilitation for first-time or the defendant and possibly the prior criminal record for driving Alcoholics Anonymous, among student-athlete convicted of low-risk offenders. The cam- victim, conducted a risk as- under the influence. other instructions. sexually assaulting an uncon- paign also argues that the men sessment, reviewed the police Police found about 200 im- Persky recused himself from scious, intoxicated young wom- do not fall into the pattern of report and made a formal sen- ages and one video on his com- the case in August 2016, follow- an outside a fraternity party in being white (only two are), ath- tencing recommendation to the puter, according to court records. ing the Turner sentence, citing 2015. It is Persky’s sentencing letes (two are) and privileged judge. Chain was charged in June 2014 exposure to publicity that might of Turner — six months in (one is). In two cases, Persky waived with one count of possessing/ “reasonably entertain a doubt county jail, three years of pro- The five cases differ from the referral to probation, mean- controlling matter depicting a that the judge would be able to bation and lifetime sex-offend- the Turner case in that none ing the report the department person under age 18 engaging be impartial.” er registration — that sparked went to a jury trial. All of the produced was limited. in or simulating sexual conduct. The recall campaign argues the recall the judge now faces. sentences except one were ne- The key facts of each case The crime carries a maximum Persky’s sentence was lenient The other five, which Persky gotiated through plea bargains, have been in public dispute three-year penalty and no mini- compared to other Santa Clara presided over during his time meaning the district attorney’s throughout the campaign. To mum. Chain was not suspected County judges’ for similar cases. hearing criminal cases in the office and defense agreed to help inform voters, who will of sexual abuse of a child nor of The anti-recall campaign argues Palo Alto courthouse in 2015 certain charges and punish- decide Persky’s fate on June 5, making the pornography. that Persky properly followed the and 2016, have been brought ments. In an interview with the Palo Alto Weekly reviewed In March 2015, Chain pleaded recommendations of the district forward by the recall campaign the Weekly, Persky described a court records and interviewed guilty to the charge, court re- attorney’s office, defense attor- as evidence of an alleged pat- judge’s role in plea bargains as those involved with the cases to cords show.
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