SAN JOSE (KPIX 5) -- The attorney for Brock Turner employed a long shot legal strategy Tuesday during an appeal in the former Stanford student's sexual assault case.
The lawyer for Turner argued that, because Turner kept his clothes on, his conviction should be tossed out.
Turner's lawyer walked out of court Tuesday after trying to convince a three-judge appeals panel to overturn the former Stanford swimmer's rape conviction.
While Turner was not in the courtroom for Tuesday's appeal, his lawyer used some graphic terms to describe what he says happened...
"I don't have any comment about the proceedings," said Turners attorney Eric Multhaup after the hearing.
In the courtroom, he argued that "The record lacks sufficient evidence to support the three convictions in this case."
Multhaup said Turner had no intent to rape the woman the court calls "Emily Doe" outside a Stanford frat party, citing witness accounts that he was found to be "violently thrusting but fully clothed" when two exchange students broke up the encounter.
Multhaup said Turner was engaging in what he called "sexual outercourse," calling it was a version of "safe sex".
He said the jury made "unreasonable inferences" which led to Turner's convictions.
Multhaup also said Emily Doe was "ambulatory" when she and Turner left the party together and that "The jury had to speculate that she [Emily Doe] was incapacitated" at the time of the assault about a half hour later.
UC Hasting Law Professor Hadar Aviram told KPIX 5 that questioning the jury's actions is a risky tactic.
"We have a jury system and the jury will seldom give reasons why they decide to convict or acquit," explained Aviram.
Deputy Attorney General Alisha Carlile argued to uphold the conviction
Saying "The circumstances made it abundantly clear what he (meaning Turner) intended."
Carlile also rebutted the defense's argument's regarding Emily Doe's condition by citing a recording of a cell phone call made by Doe at the party which was played for the jury, saying, "There was ample evidence that she [Emily Doe] was intoxicated to the point of being unconscious."
"Because of the very high burden of proof on appeal -- because the person is no longer presumed innocent, they've already been found guilty -- it's very, very difficult to convince a court of appeal that a jury decision has been unreasonable," commented Aviram.
The court now has 90 days to rule on the appeal.
The case received national attention and spurred a recall effort that led to Santa Clara County Judge Aaron Persky being removed from the bench by voters in last June's primary election
Brock Turner served three months in jail and was released in September of 2016. He has been living with his family in Dayton, Ohio, since he was released.
Turner is now 22 years old.
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