2018: LETTER to Santa Clara County DA Regarding Potential Framing of Brock Turner

Excerpts from an open letter to Santa Clara County District Attorney

Mr. Rosen,

You are responsible for the misguided measure to recall Judge Persky. You seem more committed to ‘sending a message’ than facts and evidence of many cases…You recently, in a Guest Op-Ed, called Turner a “rapist” while his case is still on Appeal; yet, DNA evidence did not support your rape claim. There was reasonable doubt in this case… The hashtag campaign against Turner started on Feb. 2, 2015. You are largely to blame for this. And don’t be surprised if it turns out to be a civil rights violation. This case was never anything more than misdemeanor disorderly conduct, with alcohol counseling as a condition of probation.

…Our case review team consists of an Army Criminal Investigator (Corporal) and Criminology Major; a retired Santa Clara County Probation Officer (retired)with over 30 years of experience; an Emergency Room nurse; and Paralegal Admin. We have extensively studied and evaluated the Turner case in its entirety based on case documents released June 10, 2016. By all appearances, you brought this case for political reasons with insufficient evidence…

…Had YOU INSISTED DNA processing be made a priority in this case and public, negative DNA results would have been available before the case was filed, silencing any false claims of rape. Sexual assault may still have been on the table, perhaps not. It would have been he said/she said. Your failure to wait for DNA evidence before filing resulted in the Persky Recall. Your Deputy took eight months to drop the first two unfounded rape charges, providing the Dauber Machine ample time to publicly disseminate their false claims of “rape.” In the process, you destroyed a 19-year-old kid with no priors, no malice. This is cruelty. YOU TOTALLY MISHANDLED THIS case for your own political ends. You should be disbarred. Does the name Mike Nifong ring a bell?

All decent people strongly disapprove of and are rightly outraged by rape. Actual rape. This case was not actual evidenced rape, and you know it. This case could very well have been a drunken campus hookup gone wrong. You could have obtained DNA results almost immediately. It would not be until eight months later that your deputy dropped the first two charges. This is fundamental malpractice and again a potential civil rights violation. During those eight months the false and racist idea that Brock Turner was a “privileged white male” became a racist meme promoted by Dauber. Emily Doe told sheriffs that she had a history of blackout drunkenness, making Turner’s claim that she consented possible, a 50/50 chance. Probable Cause, yet sufficient Reasonable doubt…

Read the full letter: Open Letter to Jeff Rosen

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