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Legal View with Ashleigh Banfield

Outrage over Stanford Rape Case; Petition to Get Judge Recalled. Aired 12-12:30p ET

Aired June 07, 2016 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[12:00:00] BILL BURTON, FORMER OBAMA DEPUTY PRESS SECRETARY: So I think a lot of folks are hoping that Bernie Sanders comes on board sooner rather than later.

JOHN BERMAN, CNN ANCHOR: Bill Burton, great to have you with us. Thanks so much.

KATE BOLDUAN, CNN ANCHOR: Thanks so much, Bill.

BURTON: Good to see you both.

BOLDUAN: And thank you all so much for joining us AT THIS HOUR.

BERMAN: LEGAL VIEW with Ashleigh Banfield starts now.

ASHLEIGH BANFIELD, CNN ANCHOR: Hello, everyone. I'm Ashleigh Banfield. And welcome to LEGAL VIEW.

Today, for the first time in American history, a woman is a majority party nominee for the president of the United States. And whatever your politics are, we need to mark this moment in American history.

And also today, millions of people are voting right now in several states across the country and we here at CNN are going to spend all day talking about the election. But, for much of this hour on LEGAL VIEW, I'm going to talk again about the other very big story of the day, the outrage surrounding the rape of a woman on the campus of Stanford University and the six month sentence that was handed down to her rapist.

We dedicate the majority of our show yesterday to an extraordinarily powerful impact statement from the survivor of that brutal rape. Why? Because this story is extraordinarily important. The young woman's words started a national dialogue and we think that dialogue should continue and your response has been overwhelming. So thank you.

If you're new to this story, Brock Turner, a former Stanford University swimmer, was convicted of intent to commit rape of an intoxicated, unconscious person, penetration of an intoxicated person, and penetration of an unconscious person. Early on January 18, 2015, two Stanford graduate students biking across the campus spotted a freshman thrusting himself on an unconscious, half-naked woman behind a dumpster at a party. That was almost 17 months ago. And Turner's mug shot was released only

yesterday. This was the first mug shot when he was initially arrested. His hair, much longer. His eyes are red. But then there's a second one, and here it is. His hair is much shorter here. His look is different. This one was taken the day after - or the day of his sentencing and that was just on Thursday of last week.

His sentence, six months in jail, three years' probation. A much lighter sentence than the six years that the prosecutors were asking for. And much, much lighter than the maximum, which could have been 14. And yet we're learning Turner is planning on appealing the sentence that he got.

And, by the way, just to remind you, with good behavior, Brock Turner is expected to serve only half of that sentence, which would equate to about three months total behind bars.

And that brings me to my first guest. Alaleh Kianerci is the prosecutor in the case. Deputy district attorney for Santa Clara County, California.

Thank you so much for taking the time to join me.

I first need to get your reaction to the outpouring of support for not only the survivor, but also the outpouring of anger at this sentence.

ALALEH KIANERCI, PROSECUTOR IN STANFORD RAPE CASE: Thank you, Ashleigh, for having me.

I first want to thank you for taking the time to read the victim's letter on air. That was so important. I know the victim was personally pleased and joyous when she heard that.

The victim, when she wrote those words, she was pouring her heart out to the judge. In doing so, she inadvertently poured her heart out to the world. I know that when I read that letter and my elected district attorney read that letter, we knew we had to share it with the world, but we were surprised how viral it's gone.

But I think, when you read the letter and you see her words, her description of the pain of going through the trial, going through the trauma of being victimized, she has given a voice to so many victims of sexual assault who have been silent. So I'm pleased that out of something so awful, this very light sentence, we've created - a fire has been ignited and we've created a new dialogue where victims are being supported. And I know that she is happy that people are responding well to her.

BANFIELD: Alaleh, if I can as you, the survivor in this case has chosen to remain unanimous and many are applauding her for allow everyone's face to become hers. She is every woman, in her words. But she has communicated through you via text message her feelings since this has become so viral and since it started such a big national dialogue. Can you share that with us?

[12:05:00] KIANERCI: Sure. I have been receiving e-mails from people all over the world. People in the U.K., Australia, Canada, survivors out there. Some members of the community who read her words and were moved and touched and they wanted me to pass on the message to her, thank you. Thank you for your courage. Thank you for being brave. Thank you for giving a voice to this very real and important issue. I've been passing on all the e-mails that I've received to her and she's just overwhelmed. She did not expect people to respond this way. But it is the most heartwarming and really it's the most positive thing that can come of such a tragedy.

BANFIELD: And I don't know if you - if you have her statement with you, but perhaps -

KIANERCI: I do.

BANFIELD: Can you - would you mind? I don't want to be intrusive, but if it's OK, I would love for our audience to hear from her directly.

KIANERCI: It's OK. So I've been getting a lot of requests for people to meet with her and interview her. And while she is happy that her story is continuing and people are shedding light to this very important issue, she does want to remain anonymous. And here is what she said to my reaching out to her wondering if she would like to go on camera. "I remain anonymous. Yes, to protect my identity, but it is also a statement that all of these people are fighting for someone that they don't know. That's the beauty of it. I don't need labels, categories to prove I am worthy of respect, to prove that I should be listened to. I'm coming out to you simply as a woman wanting to be heard. Yes, there's plenty more that I'd like to tell you about me. For now, I'm every woman."

BANFIELD: It's - I think those are very poignant words and she's still brave to speak out amidst this.

I want to hear, also, if you'll permit me to play something that your boss, the district attorney, had to say after that six month sentence was handed down, which I'll remind our viewers with good behavior he could get out after three. This is what Jeff Rosen had to say about that light sentence. Have a listen.

(BEGIN VIDEO CLIP)

JEFFREY ROSEN, DISTRICT ATTORNEY, SANTA CLARA CO., CA: The punishment does not fit the crime. This predatory offender failed to take responsibility, failed to show remorse, and failed to tell the truth. Ultimately, the fact that the defendant preyed upon an intoxicated stranger on a college campus should not be viewed less serious than if he assaulted an intoxicated stranger in downtown Palo Alto.

(END VIDEO CLIP)

BANFIELD: And, Alaleh, he wasn't the only one to speak. The defense attorney in the case, Mike Armstrong, also had this to say afterwards. Let me play that for our audience too.

(BEGIN VIDEO CLIP) MIKE ARMSTRONG, BROCK TURNER'S ATTORNEY: If my daughter was the victim of this, I'd be livid. I'd be furious. I'd be asking for, you know, a very serious punishment.

(END VIDEO CLIP)

BANFIELD: And I understand the job of a defense attorney. I understand that it is their job to do the best they can for their client no matter what. What I do want to ask you is that since it has become apparent that Brock Turner is planning to appeal this sentence, typically that would frustrate a prosecutor. But in your circumstance, I can only imagine that you would welcome this because your hands are tied to double jeopardy. You can't appeal this sentence. You can't appeal this verdict. But if he does, you have a second shot at this case. Am I wrong?

KIANERCI: No, you're right. It's if - he has filed an intention to appeal. That's a very long process. And if he is successful, the remedy is a new trial. Now, that would mean we'd have to put the victim through testifying again. So, as prosecutors, that's kind of our last thing that we want is to back a victim back into court. But, yes, if he does win his appeal, which I don't know what it would be based on right now, but if he wins it, the remedy is a new trial and we get a second bite at the apple.

BANFIELD: And I think a lot of people would be fascinated by that.

Alaleh, if I can ask you to stand by for a moment. I - I do have a lot more questions for you. Specifically I'm going to ask you after the break about this recall effort that is now being mounted and is going viral as well and the reality behind how judges get into position and how they can be taken out. It is not as simple as just clicking yes on the Internet. In a moment, once again, Alaleh Kianerci is going to continue to speak with us, the prosecutor in the case of the Stanford rapist. We are back in just a moment.

(COMMERCIAL BREAK)

[12:13:22] BANFIELD: Millions of people have been captivated by a young woman's letter to her rapist. And we read it to you live here yesterday, nearly in its entirety, but the prosecutor in this case, she was there to hear it for the first time as that rape survivor stood up and faced her attacker.

I'm back live now with Alaleh Kianerci, the prosecutor in this case, deputy district attorney for Santa Clara County, California.

Aleleh, thank you for staying with me.

I'd like for you to take me inside the courtroom at that moment when she stood up with, I assume, 12 single spaced, typed pages in her hands and somehow made it through a statement I couldn't even make it through. Can you give me some feel for the - that moment in the courtroom?

KIANERCI: Sure. I mean it was one of those moments, as a prosecutor, you never can imagine what will happen and you won't ever probably have anything like that.

She is so strong and so courageous. I stood next to her. I had my hand on her back. And I was with her as she poured through those words and her voice shook and she cried and she pointed at her perpetrator. She pointed at her attacker. Her voice got loud. And I could hear people's heartbeat because they were - the room was so quiet, they just wanted to hear her. And she really, truly got her day in court.

BANFIELD: Did she ever. And - and beyond because this, again, has become a viral story and people all over the world are reacting to this.

My next question involves reading some other material. Some other letters that were presented to the court from - from Brock's father and his mother and then from a friend of his. I understand the character references that often come into play upon sentencing, the request for leniency for those who believed in him, who knew him a long time. And I understand that. And I am sympathetic to family members who love their sons and want the best for them.

[12:15: It is difficult to hear some of this, though. Dan Turner is Brock Turner's father. He made the infamous comment now in court that this is a steep price to pay for 20 minutes of action out of 20 plus years of life. Carleen Turner, again, in a horrible situation, it's her son. Obviously she doesn't want her son in a penitentiary. She said, "I beg you, please don't send him to jail or prison. Look at him. He won't survive it. He will be damaged forever, and I fear he would be a major target. Stanford boy, college kid, college athlete, all the publicity, this would be a death sentence for him."

And I think maybe the one that stood out maybe the most, other than the father's letter, was Leslie Rasmussen, a friend of Brock Turner's, who wrote this to the judge. "I don't think it's fair to base the fate of the next 10 plus years of his life on the decision of a girl who doesn't remember anything about the amount she drank to press charges against him. I'm not blaming her directly for this because that isn't right. But where do we draw the line and stop worrying about being politically correct every second of the day and see that rape on campuses isn't always because people are rapists."

I think that one sort of shattered my faith in the process of trying to stand up for one's character. But it did make me harken back, Alaleh, to a day when people stood up for people who were drunk drivers who hurt and killed people in court and said they had good character, they never meant to hurt anyone, they just had too many cocktails after the party and they made a foolish decision. Today we sentence them anyway. We do not care if they are judges, if they are doctors. We do not care if they are scout leaders. If they hurt someone or they killed someone, that's all we care about. But it does not seem this is translating right now when it comes to hurting and impeding lives of sex assault survivors. Is this survivor in this case helping to turn the page to a new era where this would be considered the same as drinking and driving?

KIANERCI: Right. I think, Ashleigh, that's an excellent analogy. Drinking and driving, as you mentioned, it took a while for the community to appreciate that good people commit horrible offensive crimes that hurt people. And, in fact, the MADD, Mothers Against Drunk Driving, movement helped to spearhead the change in the dialogue in the community to accept drunk driving cases as very serious cases. And I think the victim's letter is so powerful, it can serve that same purpose.

If I had any power, I would make the victim's letter required reading for college freshmen. I think her letter has the ability to deter sexual assaults. If her letter can't, Ashleigh, I don't know what will.

BANFIELD: Alaleh Kianerci, I appreciate you taking the time and your dedication to this case and to this cause. Thank you so much.

KIANERCI: Thank you.

BANFIELD: The outcry over Brock Turner's six-month jail term quickly turned into outrage. And much of it has been aimed at the judge. When we come back, the backlash that could get Judge Aaron Persky booted off the bench.

(COMMERCIAL BREAK)

[12:23:21] (BEGIN VIDEO CLIP)

BANFIELD: It is a rape victim's letter to her attacker.

UNIDENTIFIED FEMALE: It is, honestly, one of the most powerful, eloquent, articulate and just graceful things I've ever read.

BANFIELD: All that I was told was that I had been found behind a dumpster, potentially penetrated by a stranger. My mom had to hold me because I could no longer stand up. He was sentenced on Thursday to just six months in the county jail and three years' probation.

UNIDENTIFIED FEMALE: The sentence does not reflect the seriousness of this case.

UNIDENTIFIED FEMALE: The message that he sent to women on Stanford is, you are on your own.

(END VIDEO CLIP)

BANFIELD: Much of the outrage surrounding the Stanford rape case is directed pointedly at the judge. Superior Court Judge Aaron Persky imposed that six month sentence on Brock Turner. He's been on the bench since 2003 and he is up for reelection this year. But critics want him out right now. More than 310,000 people have signed an online petition to have Judge Persky recalled.

CNN's Sara Sidner is following that story from Los Angeles.

It is not as simple as going on the Internet and signing a petition. Sara, lay out for me this story from where you are.

SARA SIDNER, CNN CORRESPONDENT: That's right. I mean, look, he's up for reelection. You have to be a voter in his area and he has to be on the ballot and you have to decide at that point. And when he's running unopposed, it - this is a very different process. It can't just be an online petition. There has to be more. You have to be a voter in that area.

I do want to talk to you, Ashleigh, a little bit about this judge and kind of his past history. He graduated law school from UC Berkeley, but he did go to undergrad at Stanford. And there is a professor at Stanford who is saying, you know, I think his biases are showing because he was also an athlete at Stanford himself and, obviously, the perpetrator in this case, Brock Turner, was also an athlete at Stanford, and the six month sentence a lot of people are, of course, questioning, not those - just those online, but one of his colleagues as well.

[12:25:30] But it's interesting to note what he ran on back in 2002 because he was himself a prosecutor for some time. And I want to read you what he said and what is listed in the women's league of voters where they put out every single candidate and they put out what their stance is. And here's what he said back in 2002 that he was running on. He said, you know, as his role as a Santa Clara deputy district attorney, he said, quote, "I became a criminal prosecutor for the Santa Clara County District Attorney's Office where I now prosecute sex crimes and hate crimes. I focus on the prosecution of sexually violent predators, working to keep the most dangerous sex offenders in custody in mental hospitals."

So he ran on this idea that as a deputy district attorney, he was tough on those who committed sexually violent crimes. Fast forward to 2016, and all of a sudden you have this case that the entire world is looking at for such a very, very light sentence in many people's eyes. Did he do anything that was not lawful? No, you're not hearing the prosecutor say that he broke the law in this sentence, but it's certainly a heck of a lot shorter than the six years the prosecutors were asking for.

Ashleigh.

BANFIELD: And he had to go a long way into the law to find special circumstances in order to obviate the need for any part of the minimum sentencing requirements. So there is a lot of criticism there as well. Sara Sidner, thank you for that reporting, from L.A.

Also just want to mention that today is voting day for that judge, but it takes 600 signatures from his constituents to get another name written on to the ballot. He's unopposed right now. Fast forward to November, it takes more like 81,000 signatures to actually begin the process of a recall election. But it isn't a change.org issue. That just gets the word out further, maybe to those constituents.

This letter that you've heard so much about has resonated with so many other survivors and it gets to the bigger issue of rape culture. Yes, rape culture. At one point, the young woman in this case writing, "in newspapers, my name was 'unconscious, intoxicated woman'. Ten syllables. Nothing more. Nothing more than that. For a while I believed that is all I was." The reaction to that from another woman who survived, next.

(COMMERCIAL BREAK)