Convicted rapist Brock Turner has filed a lawsuit to overturn his rape conviction and receive a new trial according to the New York Daily News. Turner was previously convicted of sexually assaulting an unconscious woman. The primary motivation for Turner's lawsuit is to be removed from the sex offender registry.
In the lawsuit, Turner accuses trial Judge Aaron Persky of failing to correctly instruct the jurors in his case. Turner claims that Persky failed to tell jurors that they could have convicted him on a lesser charge(s).
Persky received public strong condemnation after giving Turner a lax sentence for his rape conviction. Persky sentenced Turner to 6-months in prison. Turner only served 90-days. Persky sentenced Turner to lifetime registration on the sexual offenders list, however.
Turner also accuses the prosecution of tainting the jury by describing the scene where the rape occurred as being behind a 'dumpster'. Turner claims the prosecution should have used more sterile, less prejudicial terms when describing the rape scene.
Lawyers for Brock Turner in a 172-page brief filed Friday described his initial trial as a “detailed and lengthy set of lies,” and requested a new trial. They hope returning to court a second time will help overturn his mandatory lifetime requirement to register as a sex offender.
Turner's attorneys claim he may have been exonerated if his character witnesses had been able to testify. Turner also claims that that Persky failed to instruct jurors that they could have convicted Turner on lesser charges.
Turner’s legal team also took aim at Santa Clara County Superior Court Judge Aaron Persky, claiming he neglected to tell jurors to consider lesser criminal charges and that he excluded testimony from character witnesses they believe would have helped exonerate their client.
Turner believed the prosecution unfairly described the scene of the rape as occurring behind a dumpster instead of, "an open area near a three-sided trash enclosure and a basketball court."
His call for a second trial in part hinges on the claim that Deputy District Attorney Alaleh Kianerci tainted the jury by repeatedly saying the assault occurred behind a dumpster. The victim, however, was found in an open area near a three-sided trash enclosure and a basketball court.