Anonymous wrote:
Anonymous wrote:My question is: what mother drives her daughters (who have been doing shots of whiskey) to a frat party?!!!
The kind of mother whose husband cooked dinner at home that evening for his family. The kind of mother married to a Clinical Psychologist whose PhD Dissertation concerns the effects of alcohol consumption on human behavior and whose practice specializes in treating alcohol and other chemical dependencies.
So called victim was deemed to be unconscious because she was unresponsive, specifically meaning she did not answer questions.
So called victim was deemed to be too intoxicated to give consent to sexual relations with Brock Turner because she was deemed to be unconscious.
Before going any further, it behooves those considering this case to know that the drunk driving limit in California and most states used to be .15% but then MADD lobbied heavily to have it lowered to the present .08%. Even when the drunk driving limit was .15% in California, the limit for a nineteen year old like Brock Turner was .01% as it still is today.
Brock Turner's BAC was estimated to have been .16%.
Jane Doe's BAC was estimated to have been .22%.
It is highly unusual to be passed out to the point of not being able to be awakened for over three hours at a BAC of .22% and declining at a rate of .015% per hour.
A person can have good reasons to not answer questions and appear to be passed out.
Had she not been unresponsive for over three hours and had she answered questions and admitted to consent, she likely would have been cited for:
1) Public Drunkenness
2) Lewd Conduct
3) Indecent Exposure(In California carries lifetime registration on Sex Offender's List)
There would have been no anonymity; her name would not have been redacted from publicly available police and court records. It would have been very bad for her professional reputation.
The so called victim's father is a Clinical Psychologist whose specialty is treating Alcohol and other Chemical Dependencies. His PhD Dissertation concerned the effects of alcohol consumption on human behavior. Public knowledge that his daughter, a 22 year old University graduate, was involved in this drunken, lewd affair with a nineteen year old Stanford freshman outside a fraternity party would have been very bad for his professional reputation.
Not answering questions for over three hours, not acknowledging having given consent to sexual relations with Brock Turner, and being deemed unconscious allowed sexual assault victim status and anonymity.
Yes there were witnesses, the Swedes, Jonsson and Arndt. They were interviewed the night of the incident by Deputy Braden Shaw. The interview does not appear to have been taped. His Police Report of what Jonsson and Arndt purportedly stated in their interviews became their narrative. All Jonsson and Arndt witnessed is a fully clothed Brock Turner dry humping the so called victim, simple battery, if she did not give consent, not any of the sexual offenses with which he was charged and convicted. Brock Turner had freely admitted to dry humping in his recorded Police Interview with Detective Mike Kim.
The part of Jonsson and Arndt's narrative, the one originally written by Deputy Braden Shaw, that was instrumental in Brock Turner being found guilty, according to the lone juror who has so far granted an interview, was that Brock Turner ran rapidly away, and Jonsson chased him down and apprehended him which was seen as a sign of guilt. Of course Deputy Shaw knew that this part of their narrative, Brock Turner's running away rapidly, would be seen as a sign of guilt when he wrote it.
So far there is no Trial Transcript available so we have to rely on the narratives of the Police report written by Deputy Braden Shaw, the post trial People's Sentencing Memorandum produced by the DA and an interview granted by Arndt that aired around June 8, 2016, On the Record with Greta Van Sustern. There are variations in each narrative but in none are the position where Jonsson and Arndt had Turner pinned down, 75 feet North of where so called victim was lying, consistent with the narrative of Turner rapidly running away and being chased down and tripped by Jonsson.
Jonsson stated that he and Arndt were cycling southbound past Jerry House on their way to a party at Kappa Alpha; as they approached a dumpster, they noted what appeared to be a man over a woman having sex. At first they didn't think it was anything to be concerned with but then they noticed the woman did not appear to be moving so they decided to investigate. (Note, this is in an area described by DA Rosen as dimly lit.)
They dismounted their bikes about 30 feet away from Turner and so called victim. On approaching Turner and so called victim, Jonsson yelled something like "hey" to get Turner's attention at which point Turner looked and saw him, slowly rose and then began to run rapidly away from the area. He was running north easterly across the basketball court and along the path to the rear of the Jerry House.
Jonsson and Arndt checked on the girl and noted she appeared to be unconscious and did not respond to them asking if she was OK. First Jonsson and then Arndt began to run after Turner. Jonsson caught up to Turner after about 35 yards and then told him to stop many times. Turner continued to run and did not look like he was going to stop, so Jonsson tripped him. It looked like Turner was trying to get up and run away again so Jonsson tackled him to the ground.
Kappa Alpha is at the bottom of the screen. Jerry House is at the top of the screen. The dumpster is located between them.
An NBA/NCAA Basketball court is 94' x 50'.
http://imgur.com/4dCfuZf.jpg
The incident occurred under the Redwood trees on the other side of the wooden fence surrounding the dumpsters.
http://imgur.com/0drjv7z.jpg
Looking South down the path Jonsson and Ardnt were bicycling. Kappa Alpha ahead on the left, dumpsters on the right. In this photo can see why Turner described the place so called victim led him as behind a wooden shed.
http://imgur.com/tSyVvPy.jpg
Turner lived at Lagunita Court(Eucalipto) at top Center. To get there from Kappa Alpha, have to circumnavigate Lake Lagunita:
http://imgur.com/MzzitRG
An average HS guy can run a 100 yard(300 feet) dash in around 12 seconds. Assume Turner runs at this pace 300 feet/12 seconds = 25 feet / second. Assume Jonsson has the speed of Usain Bolt. His best time in the 100 M (328 feet) dash is 9.58 seconds. So a rate of 34.24 feet/second
If Jonsson and Arndt took five seconds to walk over to the so called victim, check on her and ask if she was OK, while Turner ran rapidly away, he would already have been 125 feet away from where she was lying before Jonsson started to chase him.
Jonsson could not have caught up to Turner in 35 yards(105 feet.) By the time Jonsson traversed 105 feet, 3.07 seconds(105 feet x second/34.24 feet) Turner would have traversed 201.75 feet, 8.07 Seconds x 25 feet/second. Turner would have been more than an entire basketball court length North of the North end of the basketball court.
Let's do the Math...
Distance traveled Turner = 25 T
Distance traveled Jonsson= 34.24(T-5) = 34.24T - 171.2
34.24T -171.2 = 25T
9.24T = 171.2
T = 18.53 seconds
So, Turner ran for 18.53 seconds before Jonsson caught up to him assuming Turner had a 5 second head start and Turner was running at the speed of an average HS guy and Jonsson was running at the best speed ever posted by Usain Bolt in the 100 meter dash.
18.53 sec x 25 ft/sec = 463.25 feet
(18.53 sec x 34.24 ft/sec) - 171.2 feet = 463.27 feet
Jonsson would catch up to Turner after running 463.27 feet. Jonsson would then slow down to Turner's speed and tell him to stop many times(People's Sentencing Memorandum). Let's assume five times. Timing it with a watch; saying "Stop" five times takes 5 seconds. So, Turner and Jonsson travel another 125 feet (5 sec x 25 ft/sec) before Jonsson trips Turner. 463.27 feet is about four full basketball court lengths North of the North end of the basketball court.
According to Jonsson and Arndt's narrative first told to Deputy Braden Shaw during interviews, apparently not recorded, on the night of the incident, Jonsson and Arndt should have had Turner pinned 588.27 feet(463.27 ft. + 125 ft.) North of where so called victim was lying, given the assumptions that Turner's running showed no signs of his being drunk(Arndt, On the Record, June 9 2016), that Turner was running at the speed of an average HS guy in the 100 yard dash and that Jonsson was running at the best time ever turned in by Usain Bolt in the 100 meter dash. That is over five full basketball court lengths North of where Jonsson and Arndt had Turner pinned.
Of course, the reality is that Turner is probably a faster runner than Jonsson with greater stamina, in which case Jonsson would have never caught up to Turner. However, Turner was pinned a mere 75 feet North of where so called victim was lying. We can only conclude that either Jonsson and Arndt lied during their interviews or Deputy Braden Shaw was not a very good Algebra student and did not do a very good job of embellishing Jonsson and Armdt's narrative, essentially lying, to make it appear Turner was fleeing by running rapidly away, because the location where Turner was pinned, 75 feet North, does not fit the narrative at all.
Jonsson and Arndt are international students and probably less familiar with US law than an 8th grade Civics student. They have just assaulted Turner and held him against his will, kidnapping. If a narrative produced by Deputy Shaw did not exactly describe what had been stated in their interviews but referred to them as good Samaritans exonerating them from any wrongdoing, being international students, they are unlikely to rock the boat and call out the narrative as inaccurate, at the time probably not realizing the gravity of those inaccuracies. Having not objected to the inaccuracies in Deputy Shaw's written record of their interviews, it would be much easier to repeat Deputy Shaw's version of the Narrative in court than to dispute it, especially with the notoriety the case had achieved.
Deputy Braden Shaw and the Reviewing Supervisor Carrie DeVlugt had a prior history with Turner, wherein Turner ran rapidly away. On November 15, 2014, Deputy Braden Shaw was outrun in a footrace by Turner and some of his swim teammates who were drinking beer while walking to a football game. One teammate was cut off by DeVlugt and he identified Turner. Deputy Shaw called Turner on his cell phone and requested that Turner return to where he was, which Turner did and Deputy Shaw cited Turner as a Minor in Possession(of alcohol.)
There is so much more that can be stated about this case but this comment is already at a length which few will read in full. One last thought, so called victim's statement read in court, and which has since gone viral, read by millions, is being treated as a composition that only could have been written from the heart by one truly traumatized. It needs to be read with the awareness that so called victim was a literature major who took classes in, wrote and publicly performed Spoken Word(poetry) during her years at the University. Her victim statement is Spoken Word; her magnum opus in that genre.
With the prosecution having entered false, material, testimony, on appeal, this conviction should be reversed on grounds of a violation of due process having occurred and without the false, material testimony, insufficient evidence.
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FFS, get a grip people.
