Aug 9, 2018, 5:03 PM ET

Stanford swimmer Brock Turner has appeal and request for new trial denied

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The Stanford swimmer whose light sentence after a sexual assault conviction had both his appeal and request for a new trial denied.

The latest legal step in the controversial case of Brock Turner came Wednesday when his appeal to have his convictions overturned was rejected by a California appeallate court on Wednesday.

In an earlier hearing about the appeal, Turner's attorney argued that since his client was clothed during the assault, Turner participated in "outercourse" rather than intercourse.

The latest decision rejecting the appeal, which was written by a panel of three judges, affirms the decision to convict Turner on three counts: sexual penetration of an unconscious person, sexual penetration of an intoxicated person, and assault with intent to commit rape. The decision details Turner's arguments against each conviction, along with the rebuttals from the appellate judges.

PHOTO: Brock Turner, 21, is released from jail in Santa Clara County, California, Sept. 2, 2016.Dan Honda/Bay Area News Group via AP
Brock Turner, 21, is released from jail in Santa Clara County, California, Sept. 2, 2016.

On the count of assault with intent to commit rape, the judges note that two graduate students saw the assault happening and helped secure Turner as he allegedly tried to flee the scene.

"While it is true that defendant did not expose himself, he was interrupted. Jurors reasonably could have inferred from the evidence described above that, if the graduate students had not stopped defendant, he would have exposed himself and raped Jane 1," the decision states.

According to the appellate decision, Turner and his attorneys argued that his convictions are "supported by insufficient evidence," but the appellate court found "that argument lacks merit."

The case stems from a sexual assault that happened after a fraternity party in January 2015, when Turner was a 19-year-old freshman at the prestigious university and the victim, identified only as Jane Doe, was a 22-year-old recent college graduate who went to the party with friends.

Turner was convicted in 2016 of sexually assaulting the woman, who shared her story in court, detailing how she was unconscious and had no memory of much of the night.

PHOTO: Brock Turner, right, makes his way into the Santa Clara Superior Courthouse in Palo Alto, Calif. on June 2, 2016. Dan Honda/Bay Area News Group via AP
Brock Turner, right, makes his way into the Santa Clara Superior Courthouse in Palo Alto, Calif. on June 2, 2016.

Turner was sentenced to six months in jail, prompting outrage over what was widely-seen as a far lighter sentence than the multi-year term he could have faced for such a conviction.

The judge in the original trial, Judge Aaron Persky was recalled by voters in June, with much of the support for his removal stemming from his decision in the Turner case.

Turner ended up serving three months in jail and was released in September 2016.

News - Stanford swimmer Brock Turner has appeal and request for new trial denied

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  • Paige

    ABC "News"? You are part of this problem. Your unbelievably ignorant opening line is precisely why the sentencing and the subsequent outrage in this case was so loud.

    "Stanford swimmer Brock Turner????  NO you unbelievably dense high school yearbook team of journalists.

    Try accuracy and morality
    "Convicted rapist and registered sex offender Brock Turner ".

    Idiots. Did you not read the victim's letter?  Jesus.

  • Bryan Spears

    "Convicted rapist, Brock Turner, has appeal and request for new trial denied"

    Fixed the article's title for you. You're welcome.

  • KM

    "Stanford swimmer?" I think you misspelled that. The correct spelling is "Stanford rapist."

  • john

    I speculate that Turnip would like to jump in the fray with a pardon, since Bone Spur man openly stated I can do anything to women ', BUT alas. . not in his federal purview.

  • Doug Blasco

    And for the rest of his life he will be required to register himself as a Sexual Predator anywhere he lives. Say Goodbye to any career he thought he was going to have.

  • DK1

    I kind of wish he won the appeal, got a new trial, was found guilty again...and then sentenced PROPERLY with extended jail time instead of the ridiculously light slap on the wrist that he got.

  • YellowParrott

    Good. and gets exactly what he deserves!

  • SpankyHamm

    As someone pointed out on Twitter, he is not "Stanford Swimmer Brock Turner". He is "Convicted Rapist Brock Turner" and that's how he should be referred to in any article.

  • Mic123

    Good, Its about time men are held accountable for violence.

    More should go to jail.

  • Tams

    I'm so confused.. He originally had 6 months from one judge and then only 3 months with the next judge???

  • The Outlier

    How did this BS make its way to court and why did the judge not tear Turner's attorney a new one for such a ridiculous attempt at appeal? "Judge, I did not intend to rape that woman, only to use her unconscious body for my own sexual gratification." Only rich people get away with nonsense like this, and I hope Turner's BS lawyer billed him into bankruptcy. This snotty little prince-ling should be in jail for 20 years on his unrepentant attitude alone.

  • Bud Simpson

    This pig isn't pleased with the light sentence he got?

    I hope that lousy judge recognizes that his light sentence absolutely had no effect with this entitled worm.

    I say give him a new trial. Maybe the new judge will get it right, because the last one embarrassed the entire judiciary system.

  • Quantez Williams

    Why is the alleged victim testifying? She has no memory of the night.

  • Quantez Williams

    The problem is that he has no standards. If any woman approaches Brock, he won't Turner down.

  • Wyndham

    Give the punk maximum jail time and let “prison justice” run its course. He’ll get what he deserves.

  • MS

    why will a vulnerable girl/woman go to a party and get drunk. there are always idiots who are looking for weakness.

  • Kevin from Wa.

    I don't get into this generally...But i hope he has to register as a sex offender...

  • Judy

    good bye Brock

  • Colinalcarz

    The conviction was for sexual assault, the prosecution doesn’t need to prove penile penetration to get a conviction. The perpetrator does not need to have climaxed before he has committed an assault. Neither the swimmer nor the first judge seem to have grasped this idea.

  • Tom

    Good.

  • Dicazi

    I hope any woman around him stays away from him.

  • tyson

    *Rapist Brock Turner

  • Robin

    Entitled brat go away. We're sick of your face in the news.

  • Impetus

    He's probably lucky he didn't get a new trial. He likely would have been convicted again, and with a more appropriate sentence.