1 00:00:08,360 --> 00:00:11,880 Speaker 1: Welcome back to playing Dirty sports Scandals. I'm your host 2 00:00:11,920 --> 00:00:16,360 Speaker 1: in scandal swiller Jay Harris. Last week's Brew was incredibly 3 00:00:16,440 --> 00:00:19,599 Speaker 1: dark as we started the story of Brock Turner, a 4 00:00:19,640 --> 00:00:22,840 Speaker 1: promising All American swimmer at Stanford whose life took a 5 00:00:22,960 --> 00:00:27,800 Speaker 1: dark turn after a sexual assault allegation. Tragically, his decision 6 00:00:27,880 --> 00:00:32,080 Speaker 1: the fateful night of January seventeenth, twenty fifteen didn't just 7 00:00:32,200 --> 00:00:36,479 Speaker 1: unravel his own life, it shattered his victim, Chanelle Miller's world. 8 00:00:37,159 --> 00:00:40,840 Speaker 1: Chanelle and lead prosecutor Alilai kean air Set were determined 9 00:00:40,920 --> 00:00:44,320 Speaker 1: for Brock to pay the price for her broken life, and, 10 00:00:44,640 --> 00:00:47,760 Speaker 1: as she would later pen Chanelle believed it when they 11 00:00:47,880 --> 00:00:52,040 Speaker 1: told you that if you're assaulted, there's a kingdom, a courthouse, 12 00:00:52,479 --> 00:00:55,400 Speaker 1: high up on a mountain where justice can be found. 13 00:00:56,200 --> 00:01:12,800 Speaker 1: But would Chanell find justice then? On February second, twenty fifteen, 14 00:01:12,920 --> 00:01:16,080 Speaker 1: Brock Turner was arraigned at the Santa Clara County Courthouse, 15 00:01:16,560 --> 00:01:19,800 Speaker 1: where he pled not guilty to all the charges against him, 16 00:01:20,080 --> 00:01:23,800 Speaker 1: two charges of felony sexual assault and one charge of 17 00:01:23,840 --> 00:01:28,160 Speaker 1: attempted rape. Judge Aaron Persky, who had graduated Phi Beta 18 00:01:28,200 --> 00:01:31,600 Speaker 1: Kappa from Stanford University and had been captain of the 19 00:01:31,640 --> 00:01:35,720 Speaker 1: Stanford men's lacrosse team, was presiding. The courtroom itself was 20 00:01:35,800 --> 00:01:40,679 Speaker 1: packed with spectators, journalists, and supporters both for Chanel and Brock. 21 00:01:41,600 --> 00:01:45,440 Speaker 1: The prosecution had a solid case against Brock Turner, with 22 00:01:45,520 --> 00:01:50,920 Speaker 1: substantial evidence pointing to his guilt. Key testimonies from the eyewitnesses, 23 00:01:51,080 --> 00:01:55,520 Speaker 1: Swedish graduate students Carl Frederick Arendt and Peter Johnson, and 24 00:01:55,640 --> 00:01:59,240 Speaker 1: forensic experts were all brought before the jury to make 25 00:01:59,320 --> 00:02:04,480 Speaker 1: clear brock wrongdoing. Carl, Frederick and Peter recounted stopping their bikes, 26 00:02:04,840 --> 00:02:08,920 Speaker 1: confronting Brock, and ultimately tackling him to the ground while 27 00:02:08,960 --> 00:02:15,200 Speaker 1: trying unsuccessfully to rouse an unconscious Chanel. Christine Sedederland, the 28 00:02:15,360 --> 00:02:19,480 Speaker 1: veteran Sexual Assault Response Team START nurse who had conducted 29 00:02:19,520 --> 00:02:23,880 Speaker 1: Chanell's physical at Valley Medical Center the morning of January eighteenth, 30 00:02:23,880 --> 00:02:28,200 Speaker 1: twenty fifteen, testified to the abrasions and arithema, which is 31 00:02:28,320 --> 00:02:31,359 Speaker 1: redness on the skin, that had been on various parts 32 00:02:31,400 --> 00:02:36,320 Speaker 1: of Chanel's body. Christine said these injuries indicated significant trauma, 33 00:02:36,440 --> 00:02:41,200 Speaker 1: including penetrating trauma, and explained that the arithema could be 34 00:02:41,240 --> 00:02:44,520 Speaker 1: compared to the redness that would appear after a person 35 00:02:44,680 --> 00:02:48,760 Speaker 1: is slapped. When defense attorney Mike Armstrong tried to discredit 36 00:02:48,840 --> 00:02:52,480 Speaker 1: Christine Sedederland, suggesting that the information provided to her by 37 00:02:52,520 --> 00:02:56,120 Speaker 1: the police prior to the exam might have influenced her observations, 38 00:02:56,720 --> 00:03:00,400 Speaker 1: she shot him down, stating, we don't only go with 39 00:03:00,440 --> 00:03:03,560 Speaker 1: what the victim says or what the police say. When 40 00:03:03,600 --> 00:03:07,480 Speaker 1: Attorney Armstrong pressed her further, pointedly asking if the injuries 41 00:03:07,919 --> 00:03:12,960 Speaker 1: spoke for themselves, Christine settled and calmly responded, yes, they did. 42 00:03:16,400 --> 00:03:20,119 Speaker 1: But even with the strength of the prosecution's third party testimony, 43 00:03:20,520 --> 00:03:25,040 Speaker 1: it was undoubtedly Chanell Miller's own voice that resonated most 44 00:03:25,080 --> 00:03:29,080 Speaker 1: powerfully in brock Turner's trial, Although she went by Emily 45 00:03:29,240 --> 00:03:33,240 Speaker 1: Doe to protect her identity during the proceedings, Chanell's testimony 46 00:03:33,240 --> 00:03:36,600 Speaker 1: of going out the chaperone her sister Tiffany, drinking too 47 00:03:36,680 --> 00:03:40,640 Speaker 1: much too quickly and losing consciousness, only to wake up 48 00:03:40,640 --> 00:03:43,960 Speaker 1: in a confusing hell at the hospital, covered in pine needles, 49 00:03:44,120 --> 00:03:48,960 Speaker 1: wounded and without any underwear struck a nerve with women nationwide. 50 00:03:49,040 --> 00:03:52,680 Speaker 1: Chanell Miller did not remember meeting brock Turner, let alone 51 00:03:52,800 --> 00:03:55,600 Speaker 1: leaving the party with him. She did not remember the 52 00:03:55,760 --> 00:03:59,200 Speaker 1: thirty minute ambulance ride to the hospital after the assault, 53 00:04:00,160 --> 00:04:03,240 Speaker 1: Prosecutor Kean Airsi held up a series of photographs taken 54 00:04:03,240 --> 00:04:07,040 Speaker 1: of Chanelle arriving at the hospital strapped onto a backboard 55 00:04:07,080 --> 00:04:10,800 Speaker 1: with pine needles strewn throughout her hair. Chanell testified that 56 00:04:10,840 --> 00:04:14,320 Speaker 1: she was unaware the photographs had even been taken. Chanelle 57 00:04:14,320 --> 00:04:18,560 Speaker 1: had clearly, by her own account and confirmed by medical professionals, 58 00:04:19,040 --> 00:04:23,839 Speaker 1: been unconscious and therefore physically unable to give consent for 59 00:04:23,960 --> 00:04:29,200 Speaker 1: sexual activity. Realizing that a gamble was necessary to counter 60 00:04:29,320 --> 00:04:34,279 Speaker 1: the prosecution's extremely strong case, attorney Mike Armstrong decided that 61 00:04:34,480 --> 00:04:39,240 Speaker 1: rock Turner himself should take the stand. Now, having a 62 00:04:39,279 --> 00:04:42,479 Speaker 1: defendant take the stand is like flipping a coin for 63 00:04:42,560 --> 00:04:46,559 Speaker 1: an attorney. According to Jeffrey Bellen, a William and Mary 64 00:04:46,640 --> 00:04:51,320 Speaker 1: Law School professor and jury researcher, only about fifty percent 65 00:04:51,400 --> 00:04:55,200 Speaker 1: of defendants testify at their own criminal trial because the 66 00:04:55,360 --> 00:04:58,520 Speaker 1: risk of a good prosecutor ripping a defendant to pieces 67 00:04:58,600 --> 00:05:08,520 Speaker 1: during cross examination is high. However, brock Turner's benign appearance 68 00:05:08,600 --> 00:05:11,760 Speaker 1: and white collar background made it a chance worth taking. 69 00:05:12,440 --> 00:05:15,400 Speaker 1: He appealed to the jury, painting himself as a victim 70 00:05:15,600 --> 00:05:19,800 Speaker 1: rather than a perpetrator. The contracost Oft Times reported that 71 00:05:19,839 --> 00:05:22,240 Speaker 1: Brock Turner told the jury of four women and eight 72 00:05:22,279 --> 00:05:26,279 Speaker 1: men that he didn't understand carled, Frederick's and Peter's concern 73 00:05:26,360 --> 00:05:28,919 Speaker 1: when they first approached him, But when one of the 74 00:05:28,920 --> 00:05:31,400 Speaker 1: graduate students tried to put him in a headlock to 75 00:05:31,440 --> 00:05:35,279 Speaker 1: subdue him, Brock said, that made me really scared. I 76 00:05:35,400 --> 00:05:38,920 Speaker 1: decided to run. Then when Peter tackled him, Brock told 77 00:05:38,920 --> 00:05:42,680 Speaker 1: the jury, I started screaming for help. Brock recounted how 78 00:05:42,680 --> 00:05:45,200 Speaker 1: he heard Peter asking him, do you think this is okay, 79 00:05:45,760 --> 00:05:47,760 Speaker 1: but said that he had no idea what he was 80 00:05:47,800 --> 00:05:51,080 Speaker 1: talking about. It just seemed like he hated me or something. 81 00:05:51,800 --> 00:05:55,279 Speaker 1: Brock insisted that Chanell had been awake and conscious the 82 00:05:55,320 --> 00:05:58,359 Speaker 1: whole time, and when his lawyer asked him if he 83 00:05:58,440 --> 00:06:04,360 Speaker 1: intended to raper, Rock firmly replied absolutely not. Throughout his testimony, 84 00:06:04,400 --> 00:06:07,280 Speaker 1: he Brock maintained that he didn't realize Chanelle Miller had 85 00:06:07,279 --> 00:06:10,640 Speaker 1: been unconscious and insisted that he would never have taken 86 00:06:10,680 --> 00:06:14,400 Speaker 1: advantage of someone in such a state the entire time 87 00:06:14,480 --> 00:06:18,159 Speaker 1: I was with her. If she was ever unconscious, I 88 00:06:18,200 --> 00:06:23,040 Speaker 1: would have gone for help. Brock insisted further Brock claimed 89 00:06:23,080 --> 00:06:26,400 Speaker 1: he was someone unaccustomed to the party lifestyle who would 90 00:06:26,680 --> 00:06:31,440 Speaker 1: naturally be unused to hooking up in an intoxicated state. Responsibly, 91 00:06:32,040 --> 00:06:34,599 Speaker 1: he described how he came from a small town in 92 00:06:34,640 --> 00:06:38,039 Speaker 1: Ohio where he didn't drink much and hardly ever partied. 93 00:06:38,920 --> 00:06:41,680 Speaker 1: Brock said his behavior on the night of January seventeenth, 94 00:06:41,760 --> 00:06:44,800 Speaker 1: twenty fifteen, was due to the drinking and party culture 95 00:06:44,800 --> 00:06:48,159 Speaker 1: at Stanford. Quote. Before this happened, I never had any 96 00:06:48,200 --> 00:06:51,240 Speaker 1: trouble with law enforcement, and I plan on maintaining that, 97 00:06:51,320 --> 00:06:54,400 Speaker 1: Brock said, I've been shattered by the party culture and 98 00:06:54,520 --> 00:06:57,800 Speaker 1: risk taking behavior that I briefly experienced in my four 99 00:06:57,839 --> 00:07:01,520 Speaker 1: months at school. It was Here's a bold statement from 100 00:07:01,520 --> 00:07:04,880 Speaker 1: the fallen swimmer, and one which was readily countered by 101 00:07:04,960 --> 00:07:08,920 Speaker 1: the prosecution, which presented text messages from Brock's phone during 102 00:07:09,000 --> 00:07:13,560 Speaker 1: high school painting a very different story. This evidence demonstrated 103 00:07:13,640 --> 00:07:18,440 Speaker 1: unequivocally that Brock Turner had engaged in partying, drinking, and 104 00:07:18,600 --> 00:07:23,080 Speaker 1: even drug use during high school, totally undermining his claim 105 00:07:23,120 --> 00:07:27,560 Speaker 1: of inexperience. Prosecutor Kean Aircy showed the jury that the 106 00:07:27,600 --> 00:07:31,720 Speaker 1: text messages on Brock's phone referenced doing acid or tried 107 00:07:31,760 --> 00:07:34,840 Speaker 1: to find a hookup to purchase acid, both in high 108 00:07:34,840 --> 00:07:39,280 Speaker 1: school and while at Stanford. Even more damning was a 109 00:07:39,320 --> 00:07:43,480 Speaker 1: December twenty fourteen video allegedly showing Brock smoking from a 110 00:07:43,520 --> 00:07:46,560 Speaker 1: bong and drinking out of a liquor bottle, as well 111 00:07:46,600 --> 00:07:51,080 Speaker 1: as numerous references in his text messages to smoking, buying, 112 00:07:51,120 --> 00:07:54,200 Speaker 1: and sharing marijuana from the time he was nineteen at least, 113 00:07:54,560 --> 00:07:59,080 Speaker 1: and certainly before he ever attended Stanford. One text exchange 114 00:07:59,120 --> 00:08:02,520 Speaker 1: with his sister Caroline in June twenty fourteen stood out 115 00:08:02,560 --> 00:08:07,320 Speaker 1: for its explicitness. In it, Caroline asked, did you rage 116 00:08:07,400 --> 00:08:10,880 Speaker 1: last night? And Brock responded, yeah, kind of. It was 117 00:08:10,960 --> 00:08:12,840 Speaker 1: hard to find a place to drink, but when we 118 00:08:12,920 --> 00:08:15,200 Speaker 1: finally did, we could only drink for like an hour 119 00:08:15,240 --> 00:08:22,360 Speaker 1: and a half. It wasn't just Brock's insistence of innocence 120 00:08:22,400 --> 00:08:26,360 Speaker 1: regarding alcohol and drug use that prosecutor alile Kian Ers 121 00:08:26,520 --> 00:08:30,400 Speaker 1: tore apart. She also presented clear evidence that the defense's 122 00:08:30,440 --> 00:08:34,080 Speaker 1: main argument was false, that Chanelle Miller had provided consent. 123 00:08:34,840 --> 00:08:38,120 Speaker 1: The jury was presented with photographs of Chanelle curled up 124 00:08:38,120 --> 00:08:42,040 Speaker 1: in a fetal position on the ground, surrounded by firefighters 125 00:08:42,080 --> 00:08:44,920 Speaker 1: and medics. Treating her on the night of January fifteenth, 126 00:08:45,000 --> 00:08:49,240 Speaker 1: twenty fifteen. Alice King, the supervisor of the Santa Clara 127 00:08:49,320 --> 00:08:53,800 Speaker 1: County Crime Labs Toxicology Unit, testified about the mental and 128 00:08:53,840 --> 00:08:57,920 Speaker 1: physical impairments. Someone at Chanel's level of intoxication would exhibit, 129 00:08:58,679 --> 00:09:03,040 Speaker 1: reinforcing that she Dannell had almost certainly been incapable of 130 00:09:03,080 --> 00:09:08,800 Speaker 1: providing consent. And then there was an incomprehensible voicemail. Chanelle 131 00:09:08,800 --> 00:09:12,880 Speaker 1: Miller left her boyfriend in Philadelphia at twelve fifteen am 132 00:09:12,960 --> 00:09:16,000 Speaker 1: on the night of the assault, driving home her total 133 00:09:16,120 --> 00:09:21,679 Speaker 1: lack of functionality under the influence. The jury also heard 134 00:09:21,679 --> 00:09:25,680 Speaker 1: from Carl Frederick Arndt and Peter Johnson, whose intervention and 135 00:09:25,800 --> 00:09:29,480 Speaker 1: brock Turner's attempt to flee the scene painted a starkly 136 00:09:29,640 --> 00:09:33,480 Speaker 1: different picture to the one the defense had painted. Had Brock, 137 00:09:33,760 --> 00:09:38,160 Speaker 1: an athlete, really been terrified of two Swedish graduate students 138 00:09:38,240 --> 00:09:42,160 Speaker 1: checking on a young woman's well being, It seemed far fetched, 139 00:09:42,360 --> 00:09:45,600 Speaker 1: and seasoned prosecutors view a defendant fleeing as a real 140 00:09:45,800 --> 00:09:51,400 Speaker 1: consciousness of guilt moment. This isn't just interpretation. Consciousness of 141 00:09:51,440 --> 00:09:55,679 Speaker 1: guilt is a type of admissible, circumstantial evidence that juries 142 00:09:55,720 --> 00:09:59,520 Speaker 1: may consider when determining whether it defended is guilty. There's 143 00:09:59,600 --> 00:10:03,319 Speaker 1: actually passage in the Bible, Proverbs twenty eight to one 144 00:10:03,440 --> 00:10:08,640 Speaker 1: that encapsulates this concept. Guilty men flee where no one pursues, 145 00:10:08,800 --> 00:10:12,960 Speaker 1: while the righteous stands bold as the lion. While brock 146 00:10:13,000 --> 00:10:16,199 Speaker 1: Turner certainly wasn't a lion. On the night of January seventeenth, 147 00:10:16,240 --> 00:10:19,680 Speaker 1: twenty fifteen, the prosecution had made a compelling case for 148 00:10:19,800 --> 00:10:29,800 Speaker 1: him being a predator. The jury was left to deliberate. Now, 149 00:10:30,360 --> 00:10:32,760 Speaker 1: before we head back to court, I recommend you sip up. 150 00:10:33,400 --> 00:10:36,800 Speaker 1: This case has an aftertaste, and for most it's a 151 00:10:36,800 --> 00:10:44,720 Speaker 1: bitter one. Enjoy your juice while you can't. Okay. Fast 152 00:10:44,800 --> 00:10:48,439 Speaker 1: forward to March thirtieth, twenty sixteen, when the jury reconvened 153 00:10:48,480 --> 00:10:51,520 Speaker 1: to declare that they'd found brock Turner guilty on three 154 00:10:51,559 --> 00:10:57,760 Speaker 1: counts of felony sexual assault. Justice had prevailed or not, 155 00:10:59,120 --> 00:11:02,960 Speaker 1: you see, it turned out not to be so straightforward. 156 00:11:03,760 --> 00:11:07,400 Speaker 1: After the jury announced its guilty determination, it was time 157 00:11:07,480 --> 00:11:10,760 Speaker 1: for Judge Aaron Persky to preside over Brock's sentencing hearing. 158 00:11:11,400 --> 00:11:16,400 Speaker 1: The prosecution naturally argued for a substantial prison sentence, emphasizing 159 00:11:16,640 --> 00:11:19,520 Speaker 1: the severity of the crime and the lasting impact it 160 00:11:19,600 --> 00:11:22,400 Speaker 1: had had and would continue to have on Chanelle Miller. 161 00:11:23,679 --> 00:11:27,280 Speaker 1: Prosecutor alile Kianairci recommended a sentence of six years in 162 00:11:27,280 --> 00:11:30,400 Speaker 1: state prison, aiming to set a precedent that would deter 163 00:11:30,679 --> 00:11:35,520 Speaker 1: future sexual assaults, but the defense had other plans. While 164 00:11:35,520 --> 00:11:38,400 Speaker 1: attorney Mike Johnson had already done his best to position 165 00:11:38,480 --> 00:11:41,280 Speaker 1: Brock as a contrite young man with a promising future, 166 00:11:41,920 --> 00:11:45,000 Speaker 1: Brock now had an opportunity to address the court directly 167 00:11:45,040 --> 00:11:49,920 Speaker 1: before his sentencing was concluded. His eleven page statement reiterated 168 00:11:49,960 --> 00:11:53,520 Speaker 1: that he had made an alcohol fueled mistake rather than 169 00:11:53,520 --> 00:11:58,400 Speaker 1: perpetrated an intentional sexual assault, and he emphasized that time 170 00:11:58,440 --> 00:12:03,040 Speaker 1: behind bars was unnecessary. Brock said, I am completely consumed 171 00:12:03,120 --> 00:12:06,400 Speaker 1: by my poor judgment and ill thought actions. There isn't 172 00:12:06,400 --> 00:12:08,880 Speaker 1: a second that has gone by where I haven't regretted 173 00:12:08,880 --> 00:12:12,000 Speaker 1: the course of events I took on January seventeenth and eighteenth. 174 00:12:12,640 --> 00:12:14,840 Speaker 1: My shell and core of who I am as a 175 00:12:14,840 --> 00:12:18,400 Speaker 1: person is forever broken from this. I am a changed 176 00:12:18,480 --> 00:12:21,360 Speaker 1: person at this point in my life. I never want 177 00:12:21,400 --> 00:12:24,120 Speaker 1: to have a drop of alcohol again. I never want 178 00:12:24,160 --> 00:12:27,760 Speaker 1: to attend a social gathering that involves alcohol. Or any 179 00:12:27,800 --> 00:12:31,320 Speaker 1: situation where people make decisions based on the substances they 180 00:12:31,360 --> 00:12:34,560 Speaker 1: have consumed. I never want to experience being in a 181 00:12:34,600 --> 00:12:37,040 Speaker 1: position where it will have a negative impact on my 182 00:12:37,120 --> 00:12:42,000 Speaker 1: life or someone else's. Ever again, I've lost two jobs 183 00:12:42,040 --> 00:12:45,480 Speaker 1: solely based on the reporting of my case. I wish 184 00:12:45,679 --> 00:12:48,720 Speaker 1: I never was good at swimming or had the opportunity 185 00:12:48,760 --> 00:12:52,079 Speaker 1: to attend Stanford, so maybe the newspapers wouldn't want to 186 00:12:52,120 --> 00:12:54,640 Speaker 1: write stories about me. All I can do from these 187 00:12:54,679 --> 00:12:57,720 Speaker 1: events moving forward is by proving to everyone who I 188 00:12:57,800 --> 00:13:00,320 Speaker 1: really am as a person. I know that that if 189 00:13:00,320 --> 00:13:02,720 Speaker 1: I were to be placed on probation, I would be 190 00:13:02,760 --> 00:13:05,240 Speaker 1: able to be a benefit to society for the rest 191 00:13:05,280 --> 00:13:10,880 Speaker 1: of my life. Brock Turner's statement did little to sway 192 00:13:10,960 --> 00:13:14,320 Speaker 1: public opinion. His words were viewed by most as an 193 00:13:14,320 --> 00:13:19,520 Speaker 1: attempt to minimize his responsibility and deflect blame onto external factors, 194 00:13:19,880 --> 00:13:23,960 Speaker 1: rather than taking full accountability for his actions. After all, 195 00:13:24,280 --> 00:13:27,880 Speaker 1: the prosecution had already dismantled his narrative of being a 196 00:13:28,000 --> 00:13:33,680 Speaker 1: naive and inexperienced young man, presenting copious evidence of partying, drinking, 197 00:13:33,760 --> 00:13:36,600 Speaker 1: and drug use long before the night of the attack 198 00:13:36,679 --> 00:13:40,520 Speaker 1: on Chanelle Miller. A statement from Brock's father, Dan Turner, 199 00:13:40,640 --> 00:13:45,440 Speaker 1: ignited additional public disgust. In his letter to Judge Persky, 200 00:13:45,880 --> 00:13:49,839 Speaker 1: Dan argued for leniency, saying quote, Brock's life has been 201 00:13:49,920 --> 00:13:54,040 Speaker 1: deeply altered forever by the events of January seventeenth and eighteenth. 202 00:13:54,480 --> 00:13:59,080 Speaker 1: His every waking minute is consumed with worry, anxiety, fear, 203 00:13:59,200 --> 00:14:02,360 Speaker 1: and depression. You can see this in his face, the 204 00:14:02,400 --> 00:14:05,880 Speaker 1: way he walks, his weakened voice, his lack of appetite. 205 00:14:06,480 --> 00:14:09,439 Speaker 1: Brock always enjoyed certain types of food and is a 206 00:14:09,559 --> 00:14:12,800 Speaker 1: very good cook himself. I was always excited to buy 207 00:14:12,920 --> 00:14:15,600 Speaker 1: him a big Ribbi steak to grill, or to get 208 00:14:15,600 --> 00:14:18,160 Speaker 1: his favorite snack for him. I had to make sure 209 00:14:18,200 --> 00:14:21,200 Speaker 1: to hide some of my favorite pretzels or chips because 210 00:14:21,240 --> 00:14:24,040 Speaker 1: I knew they wouldn't be around long after Brock walked 211 00:14:24,040 --> 00:14:27,520 Speaker 1: in from a long swim practice. Now he barely consumes 212 00:14:27,600 --> 00:14:31,200 Speaker 1: any food and eats only to exist. These verdicts have 213 00:14:31,360 --> 00:14:34,600 Speaker 1: broken and shattered him in our family in so many ways. 214 00:14:35,160 --> 00:14:37,480 Speaker 1: His life will never be the one that he dreamed 215 00:14:37,480 --> 00:14:40,320 Speaker 1: about and work so hard to achieve. That is a 216 00:14:40,360 --> 00:14:43,080 Speaker 1: steep price to pay for twenty minutes of action out 217 00:14:43,080 --> 00:14:48,040 Speaker 1: of his twenty plus years of life. Hmmm. Worrying about 218 00:14:48,080 --> 00:14:51,120 Speaker 1: Brock for losing his appetite for steak and pretzels after 219 00:14:51,200 --> 00:14:57,520 Speaker 1: committing an unconscionable sexual assault seemed entirely dismissive of Chanelle 220 00:14:57,520 --> 00:15:03,280 Speaker 1: Miller's deep suffering. Dan Turner's statement instantly became a symbol 221 00:15:03,360 --> 00:15:07,680 Speaker 1: of the privilege and entitlement many people feel that characterized 222 00:15:07,760 --> 00:15:13,120 Speaker 1: Brock's defense. Notably, John Pavlovitz, a pastor, blogger and father 223 00:15:13,200 --> 00:15:16,480 Speaker 1: in wake Forest, North Carolina, wrote Dan Turner a note 224 00:15:16,480 --> 00:15:20,520 Speaker 1: of his own entitled to Brock, Turner's father from another father. 225 00:15:21,280 --> 00:15:23,920 Speaker 1: In it, John told Dan quote, I need you to 226 00:15:24,040 --> 00:15:27,200 Speaker 1: understand something, and I say this as a father who 227 00:15:27,280 --> 00:15:30,960 Speaker 1: dearly loves my son as much as you must love yours. 228 00:15:31,720 --> 00:15:35,480 Speaker 1: Brock is not the victim here. His victim is the victim. 229 00:15:35,840 --> 00:15:39,920 Speaker 1: She is the wounded one. He is the damager. She 230 00:15:40,080 --> 00:15:43,200 Speaker 1: will endure the unthinkable trauma of his twenty minutes of 231 00:15:43,240 --> 00:15:46,440 Speaker 1: action for the duration of her lifetime. And the fact 232 00:15:46,480 --> 00:15:49,600 Speaker 1: that you seem unaware of this fact is exactly why 233 00:15:49,640 --> 00:15:55,320 Speaker 1: we have a problem. It's a problem that Chanell Miller 234 00:15:55,360 --> 00:15:59,280 Speaker 1: addressed personally in her victim impact statement, addressing Brock with 235 00:15:59,320 --> 00:16:02,800 Speaker 1: the words. You don't know me, but you've been inside me, 236 00:16:03,160 --> 00:16:06,400 Speaker 1: and that's why we're here today. That's how I begin 237 00:16:06,520 --> 00:16:09,440 Speaker 1: every day of my life, wondering where you are and 238 00:16:09,480 --> 00:16:13,160 Speaker 1: what you'll do next, if you'll hurt someone else, what 239 00:16:13,320 --> 00:16:17,000 Speaker 1: else you'll take away. I'm the victim of a sex crime. 240 00:16:17,600 --> 00:16:20,480 Speaker 1: So instead of feeling guilty that you'll go to jail, 241 00:16:20,880 --> 00:16:25,200 Speaker 1: I feel grateful, Grateful that the system worked, Grateful that 242 00:16:25,280 --> 00:16:28,520 Speaker 1: my voice was heard, Grateful that you will learn from 243 00:16:28,600 --> 00:16:31,560 Speaker 1: this and that it might deter others from committing the 244 00:16:31,600 --> 00:16:36,280 Speaker 1: same crime. Chanelle's statement went viral, striking a chord with 245 00:16:36,440 --> 00:16:39,920 Speaker 1: millions of women and drawing widespread attention to her case. 246 00:16:40,640 --> 00:16:44,840 Speaker 1: Advocacy groups and celebrities praised her courage. Even then Vice 247 00:16:44,840 --> 00:16:47,760 Speaker 1: President Joe Biden penned an open letter to Chanelle in 248 00:16:47,800 --> 00:16:51,680 Speaker 1: which he wrote, you will save lives. You will change lives. 249 00:16:52,080 --> 00:16:56,000 Speaker 1: You have already done so. But would Judge Aaron Persky 250 00:16:56,120 --> 00:16:59,480 Speaker 1: take up the cause of sexual assault survivors? Would you 251 00:16:59,520 --> 00:17:01,320 Speaker 1: throw the book look at brock Turner with up to 252 00:17:01,360 --> 00:17:05,120 Speaker 1: a fourteen year prison sentence, or grant him leniency as 253 00:17:05,160 --> 00:17:10,600 Speaker 1: requested by the defense. In June twenty sixteen, almost a 254 00:17:10,680 --> 00:17:13,639 Speaker 1: year and a half after Chanelle Miller was brutally assaulted. 255 00:17:14,240 --> 00:17:17,760 Speaker 1: Judge Persky's sentence brock Turner to just six months in 256 00:17:17,840 --> 00:17:22,200 Speaker 1: county jail and three years of probation, citing Brock's age, 257 00:17:22,560 --> 00:17:26,040 Speaker 1: lack of criminal history, and the potential impact the longest 258 00:17:26,080 --> 00:17:29,880 Speaker 1: sentence would have on his life. A prison sentence would 259 00:17:29,920 --> 00:17:32,880 Speaker 1: have a severe impact on him. I think he will 260 00:17:32,920 --> 00:17:35,720 Speaker 1: not be a danger to others, Judge Persky stated during 261 00:17:35,720 --> 00:17:40,720 Speaker 1: the sentencing. Shockingly, the judge also said that quote there 262 00:17:40,800 --> 00:17:44,520 Speaker 1: is less moral culpability attached to the defendant who was 263 00:17:44,640 --> 00:17:51,280 Speaker 1: legally intoxicated. In other words, Judge Persky rationalized that if 264 00:17:51,280 --> 00:17:55,359 Speaker 1: someone is drunk and commits a crime, they shouldn't be 265 00:17:55,440 --> 00:17:59,080 Speaker 1: held fully responsible for their actions under the law. His 266 00:17:59,400 --> 00:18:03,720 Speaker 1: nonchalant determination shook the foundation of the judicial system, and 267 00:18:03,880 --> 00:18:10,520 Speaker 1: ripples of outrage were swift and relentless. First, the jury raged, 268 00:18:10,600 --> 00:18:14,600 Speaker 1: with one male juror writing to Judge Perskey that quote, 269 00:18:14,680 --> 00:18:17,560 Speaker 1: after the guilty verdict, I expected that this case would 270 00:18:17,560 --> 00:18:20,840 Speaker 1: serve as a very strong deterrent to on campus assault, 271 00:18:21,440 --> 00:18:25,360 Speaker 1: But with the ridiculously lenient sentence that brock Turner received, 272 00:18:25,960 --> 00:18:27,800 Speaker 1: I am afraid that it makes a mockery of the 273 00:18:27,840 --> 00:18:30,840 Speaker 1: whole trial and the ability of the justice system to 274 00:18:30,920 --> 00:18:35,080 Speaker 1: protect victims of assault and rape. Clearly, there are few 275 00:18:35,160 --> 00:18:38,240 Speaker 1: to no consequences for a rapist, even if they are 276 00:18:38,320 --> 00:18:41,879 Speaker 1: caught in the act of assaulting a defenseless, unconscious person. 277 00:18:42,720 --> 00:18:45,120 Speaker 1: It seems to me that you really did not accept 278 00:18:45,119 --> 00:18:48,639 Speaker 1: the jury's findings. We were unanimous in our finding of 279 00:18:48,680 --> 00:18:52,480 Speaker 1: the defendant's guilt, and our verdicts were marginalized based on 280 00:18:52,560 --> 00:18:56,600 Speaker 1: your own personal opinion. This punishment you've set does not 281 00:18:56,720 --> 00:19:00,640 Speaker 1: fit the crime. Mister Turner, convicted of three fell accounts 282 00:19:00,640 --> 00:19:03,879 Speaker 1: of sexual assault, will serve three months in county jail 283 00:19:03,960 --> 00:19:06,920 Speaker 1: after serving the customary time of his six month sentence. 284 00:19:07,760 --> 00:19:10,960 Speaker 1: Justice has not been served in this case. The jury's 285 00:19:11,040 --> 00:19:13,960 Speaker 1: verdict of guilt on all three felony accounts of sexual 286 00:19:14,000 --> 00:19:17,720 Speaker 1: assault was completely disregarded in an effort to spare the 287 00:19:17,760 --> 00:19:22,040 Speaker 1: perpetrator a hardship. What message does this send to the 288 00:19:22,119 --> 00:19:25,080 Speaker 1: victim and indeed all victims of sexual assault and rape, 289 00:19:25,320 --> 00:19:29,679 Speaker 1: especially those on college campuses. Your concern was for the 290 00:19:29,720 --> 00:19:34,840 Speaker 1: impact on the assailant. I vehemently disagree. Our concern should 291 00:19:34,840 --> 00:19:41,760 Speaker 1: be for the victim. Shame on you. Judge Perski. For 292 00:19:41,880 --> 00:19:45,840 Speaker 1: Judge Aaron Perski being shamed by the jurors was just 293 00:19:45,880 --> 00:19:50,080 Speaker 1: the beginning. The Atlantic reported that the personal fallout was 294 00:19:50,280 --> 00:19:54,919 Speaker 1: swift for Perski, whose office began receiving threatening phone calls. 295 00:19:55,480 --> 00:19:59,800 Speaker 1: There was also an immediate online petition to recall Judge Perski, 296 00:20:00,160 --> 00:20:04,160 Speaker 1: which collected one point two million signatures in an instant. 297 00:20:05,160 --> 00:20:08,800 Speaker 1: The Santa Clara District Attorney's office filed a successful motion 298 00:20:08,960 --> 00:20:12,919 Speaker 1: to stop Judge Persky from presiding over another sexual assault 299 00:20:13,000 --> 00:20:16,320 Speaker 1: case within a week of brock Turner's sentencing, and by 300 00:20:16,320 --> 00:20:20,479 Speaker 1: twenty eighteen, Judge Aaron Persky was simply Aaron Persky. He 301 00:20:20,520 --> 00:20:23,640 Speaker 1: became the first judge in California to be recalled from 302 00:20:23,680 --> 00:20:27,840 Speaker 1: the bench since nineteen thirty two. When he finally gained 303 00:20:27,920 --> 00:20:31,920 Speaker 1: new employment in September twenty nineteen as a junior varsity 304 00:20:32,000 --> 00:20:35,480 Speaker 1: girls tennis coach at Lynbrook High School in San Jose, 305 00:20:36,320 --> 00:20:40,720 Speaker 1: his employment was terminated after just four days amidst community outcry. 306 00:20:41,600 --> 00:20:45,520 Speaker 1: Society was sending a strong message. While Aaron Persky might 307 00:20:45,600 --> 00:20:49,320 Speaker 1: tolerate sexual abuse and classism in the justice system, an 308 00:20:49,359 --> 00:20:52,639 Speaker 1: overwhelming percentage of Americans were sick to death of it. 309 00:20:53,680 --> 00:20:57,119 Speaker 1: So should Aaron Persky's recall from the bench be celebrated 310 00:20:57,160 --> 00:21:00,840 Speaker 1: as a victory for justice. On the one hand, Stanford 311 00:21:00,880 --> 00:21:05,160 Speaker 1: law professor Michelle Dauber argues yes, writing in The Washington Post, 312 00:21:05,200 --> 00:21:08,680 Speaker 1: that it is the very fact that judges like Persky 313 00:21:08,800 --> 00:21:13,159 Speaker 1: often exercised discretion in favor of defendants like brock Turner 314 00:21:13,200 --> 00:21:16,800 Speaker 1: that preserves a system in which poor and minority defendants 315 00:21:16,880 --> 00:21:22,359 Speaker 1: receive long sentences. Yet others disagreed with Professor Dauber, explaining 316 00:21:22,400 --> 00:21:26,760 Speaker 1: that though Judge Persky's recall may field empowering, in practice, 317 00:21:27,320 --> 00:21:32,680 Speaker 1: it's harmful. Retired judge Ldoris Cordell, a pioneering feminist and 318 00:21:32,720 --> 00:21:36,119 Speaker 1: the first black woman judge in northern California, argued that 319 00:21:36,240 --> 00:21:40,800 Speaker 1: recalling a judge for being lenient could have unintended consequences, 320 00:21:40,840 --> 00:21:45,720 Speaker 1: such as undermining judicial independence and leading to more punitive sentencing, 321 00:21:46,119 --> 00:21:50,240 Speaker 1: potentially harming black and Latino defendants. On the heels of 322 00:21:50,320 --> 00:21:54,480 Speaker 1: Judge Cordell's warning, two political scientists from NYU and the 323 00:21:54,560 --> 00:21:58,560 Speaker 1: University of Chicago actually conducted a study on the impact 324 00:21:58,640 --> 00:22:02,840 Speaker 1: of the Aaron Persky recall campaign on criminal sentencing. Their 325 00:22:02,880 --> 00:22:07,320 Speaker 1: research published in October twenty twenty revealed that judges began 326 00:22:07,359 --> 00:22:11,360 Speaker 1: imposing sentences that were roughly thirty percent longer on average 327 00:22:11,480 --> 00:22:15,600 Speaker 1: immediately after the recall campaign became public, and that much 328 00:22:15,640 --> 00:22:19,720 Speaker 1: as Judge Cordell had feared, these increased sentences maintained pre 329 00:22:19,880 --> 00:22:25,560 Speaker 1: existing racial disparities, disproportionately affecting black and Hispanic defendants. The 330 00:22:25,600 --> 00:22:29,960 Speaker 1: study also found that the longer sentences were primarily imposed 331 00:22:30,000 --> 00:22:34,440 Speaker 1: for non sexual and non violent crimes, raising questions about 332 00:22:34,480 --> 00:22:41,320 Speaker 1: the impact of Aaron Persky's recall. As Aaron Persky came 333 00:22:41,359 --> 00:22:44,760 Speaker 1: to grips with a new diminished reality following the Brock 334 00:22:44,800 --> 00:22:49,000 Speaker 1: Turner trial, Brock himself prepared for a future without swimming. 335 00:22:49,840 --> 00:22:53,760 Speaker 1: Right after his sentencing, USA Swimming, the national governing body 336 00:22:53,800 --> 00:22:57,200 Speaker 1: for competitive swimming in the United States, issued a statement 337 00:22:57,240 --> 00:23:00,720 Speaker 1: that he was ineligible for membership under their zero erotolerance 338 00:23:00,760 --> 00:23:04,600 Speaker 1: policy for sexual misconduct. This meant Brock would never be 339 00:23:04,640 --> 00:23:08,920 Speaker 1: allowed to compete in any USA Swimming sanctioned events, including 340 00:23:09,000 --> 00:23:13,280 Speaker 1: the Olympic Trials, and so upon his release from jail 341 00:23:13,320 --> 00:23:17,400 Speaker 1: on September second, twenty sixteen, Brock returned to his family's 342 00:23:17,440 --> 00:23:21,600 Speaker 1: home in Dayton, Ohio. Reporters camped outside his house, and 343 00:23:21,720 --> 00:23:26,160 Speaker 1: news outlets eagerly followed any updates about his post jail life. 344 00:23:26,640 --> 00:23:29,800 Speaker 1: The intense public and media scrutiny made it difficult for 345 00:23:29,840 --> 00:23:34,600 Speaker 1: Brock to reintegrate into society and resume any semblance of normalcy. 346 00:23:35,359 --> 00:23:38,520 Speaker 1: In twenty eighteen, Brock tried to overturn his conviction through 347 00:23:38,520 --> 00:23:41,840 Speaker 1: the appeals process, with his legal team arguing that the 348 00:23:41,920 --> 00:23:45,959 Speaker 1: initial trial was unfair due to misleading statements made by 349 00:23:45,960 --> 00:23:51,640 Speaker 1: the prosecution and incorrect jury instructions. However, the prosecution defended 350 00:23:51,680 --> 00:23:55,400 Speaker 1: the original conviction without issue, and in August twenty eighteen, 351 00:23:55,880 --> 00:24:00,520 Speaker 1: the appellate court rejected Brock Turner's appeal. He remains registered 352 00:24:00,520 --> 00:24:03,800 Speaker 1: as a sex offender and is subject to ongoing monitoring 353 00:24:03,840 --> 00:24:08,080 Speaker 1: by law enforcement for the rest of his life. As 354 00:24:08,119 --> 00:24:11,320 Speaker 1: of twenty nineteen, The Daily Mail reported that Brock was 355 00:24:11,480 --> 00:24:15,480 Speaker 1: working an entry level job at Tark Incorporated, a firm 356 00:24:15,520 --> 00:24:20,159 Speaker 1: that manufactures cooling technology for medical appliances, earning twelve dollars 357 00:24:20,160 --> 00:24:23,399 Speaker 1: an hour. A source at the company said he's really 358 00:24:23,520 --> 00:24:26,520 Speaker 1: quiet and polite. He doesn't say much and he's not 359 00:24:26,680 --> 00:24:29,560 Speaker 1: really chatty with anyone. He just keeps his head down 360 00:24:29,640 --> 00:24:33,280 Speaker 1: and does his job. No problems. By twenty twenty two, 361 00:24:33,880 --> 00:24:36,800 Speaker 1: Brockett moved into a house three minutes away from the 362 00:24:36,920 --> 00:24:40,600 Speaker 1: University of Dayton. To the great ire of locals, there 363 00:24:40,640 --> 00:24:43,800 Speaker 1: is actually a network of women who use Brock's status 364 00:24:43,800 --> 00:24:46,919 Speaker 1: as a registered sex offender to keep one another safe. 365 00:24:47,600 --> 00:24:50,719 Speaker 1: One post from this group, dubbed the Whisper Network reads, 366 00:24:51,200 --> 00:24:54,439 Speaker 1: brock Turner is frequenting bars in the area. Do not 367 00:24:54,560 --> 00:24:58,399 Speaker 1: let him leave with an intoxicated woman. Inform the women 368 00:24:58,440 --> 00:25:02,080 Speaker 1: of who he is. In Form the bartender, the bouncers. 369 00:25:02,640 --> 00:25:06,960 Speaker 1: Brock Turner does not belong in public. The swimming sensation, 370 00:25:07,240 --> 00:25:10,920 Speaker 1: once destined for greatness, now lives forever in the shadow 371 00:25:10,960 --> 00:25:14,360 Speaker 1: of his actions the night of January seventeenth, twenty fifteen. 372 00:25:15,000 --> 00:25:17,720 Speaker 1: And while he goes by his middle name these days, 373 00:25:17,880 --> 00:25:21,080 Speaker 1: Alan Turner rather than brock Turner, the public has a 374 00:25:21,160 --> 00:25:26,240 Speaker 1: long and unforgiving memory where he is concerned. Meanwhile, Chanelle 375 00:25:26,280 --> 00:25:29,440 Speaker 1: Miller began her own incredible journey towards healing and reclaiming 376 00:25:29,440 --> 00:25:33,240 Speaker 1: her identity. While she did not publicly reveal her identity 377 00:25:33,280 --> 00:25:37,520 Speaker 1: throughout the trial, going only by Emily Doe, on November first, 378 00:25:37,680 --> 00:25:41,480 Speaker 1: twenty sixteen, she was anonymously recognized as a Woman of 379 00:25:41,520 --> 00:25:45,720 Speaker 1: the Year by Glamour magazine for changing the conversation about 380 00:25:45,760 --> 00:25:50,160 Speaker 1: sexual assault forever. Chanell's impact statement had been read over 381 00:25:50,240 --> 00:25:54,320 Speaker 1: eleven million times by then, highlighting the profound effect her 382 00:25:54,320 --> 00:25:58,159 Speaker 1: words had on the public discourse. In twenty nineteen, buoyed 383 00:25:58,200 --> 00:26:01,960 Speaker 1: by overwhelming public support, Chanell Miller decided to step forward 384 00:26:02,040 --> 00:26:04,520 Speaker 1: at last and reveal her identity to the world on 385 00:26:04,680 --> 00:26:09,040 Speaker 1: Sixty Minutes. The interview coincided with the publication of her memoir, 386 00:26:09,320 --> 00:26:12,719 Speaker 1: Know My Name, which provides an unflinching look at her 387 00:26:12,760 --> 00:26:16,560 Speaker 1: experience from the assault and trial to her path to recovery. 388 00:26:17,119 --> 00:26:22,000 Speaker 1: Chanell's memoir was met with widespread acclaim. Praised for its honesty, eloquent, 389 00:26:22,160 --> 00:26:26,480 Speaker 1: and powerful narrative, it became a bestseller, debuting at number 390 00:26:26,560 --> 00:26:29,760 Speaker 1: two on the New York Times Bestseller List for nonfiction, 391 00:26:30,240 --> 00:26:33,119 Speaker 1: and was lauded for shedding light on the realities of 392 00:26:33,240 --> 00:26:37,960 Speaker 1: sexual assault. The memoir won several awards, including the National 393 00:26:38,000 --> 00:26:42,439 Speaker 1: Book Critics Circle Award for Autobiography. In twenty nineteen, Oprah 394 00:26:42,440 --> 00:26:45,520 Speaker 1: Winfrey selected Know My Name for her book club, calling 395 00:26:45,560 --> 00:26:49,399 Speaker 1: it a searingly, beautifully written and courageous account of a 396 00:26:49,440 --> 00:26:55,440 Speaker 1: survivor reclaiming her narrative and speaking out against injustice. Today, 397 00:26:55,520 --> 00:26:59,000 Speaker 1: Chanelle Miller continues to be an advocate for justice and change. 398 00:26:59,400 --> 00:27:02,320 Speaker 1: Her journey for from victim to survivor and activist serves 399 00:27:02,359 --> 00:27:05,119 Speaker 1: as a powerful reminder of the strength of the human 400 00:27:05,160 --> 00:27:07,960 Speaker 1: spirit and the importance of fighting for what is right. 401 00:27:08,520 --> 00:27:11,199 Speaker 1: Keep up with her at chanel Dashmiller dot Com as 402 00:27:11,240 --> 00:27:15,520 Speaker 1: she continues to make a difference. There's no doubt about it. 403 00:27:15,880 --> 00:27:19,480 Speaker 1: The brock Turner scandal is a complex brew that continues 404 00:27:19,560 --> 00:27:23,560 Speaker 1: to serve up stark reminders of the complexities and challenges 405 00:27:23,600 --> 00:27:27,720 Speaker 1: in addressing sexual assault, with significant flaws in our justice 406 00:27:27,720 --> 00:27:30,959 Speaker 1: system laid bare. No other case in recent memory has 407 00:27:30,960 --> 00:27:34,840 Speaker 1: sparked such broad conversation about the treatment of survivors and 408 00:27:34,920 --> 00:27:39,840 Speaker 1: accountability of perpetrators. Join me your host in Brave Maurista 409 00:27:39,920 --> 00:27:43,080 Speaker 1: Jay Harris. Back here next week for another episode of 410 00:27:43,160 --> 00:27:58,399 Speaker 1: Playing Dirty Sports Scandals. Playing Dirty Sports Scandals is a 411 00:27:58,400 --> 00:28:02,240 Speaker 1: production of Dan Patrick, Predut Ductions, Never Ever Productions, and 412 00:28:02,359 --> 00:28:07,520 Speaker 1: Workhouse Media from executive producers Dan Patrick, Paul Anderson, Nick Panella, 413 00:28:07,840 --> 00:28:12,159 Speaker 1: Maya Glickman, and Jennifer Clary, Hosted by Jay Harris, Written 414 00:28:12,160 --> 00:28:15,960 Speaker 1: and produced by Jen Brown, Francie Haiks, Maya Glickman, and 415 00:28:16,080 --> 00:28:27,400 Speaker 1: Jennifer Clary