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Stanford Sex Assault Judge Removed From Presiding Over New Sex Assault Case

PALO ALTO (AP/CBS SF) -- A Northern California prosecutor has removed the judge targeted for recall because of his handling of a campus sexual assault case from a new sexual assault case.

Santa Clara County District Attorney Jeff Rosen used his authority Tuesday to remove Judge Aaron Persky from presiding over a hearing to determine if a former nurse should stand trial of charges of sexually abusing a sedated patient.

The prosecutor's move is the latest problems Persky's courtroom since he sentenced former Stanford University swimmer Brock Turner to six months in jail for sexually assaulting a young woman on campus after she passed out from too much to drink.

Late last week, several potential jurors were excused after telling Persky they couldn't serve on a jury in his courtroom because of the sentence.

Santa Clara County District Attorney Jeff Rosen said in a statement Tuesday:

"We are disappointed and puzzled at Judge Persky's unusual decision to unilaterally dismiss a case before the jury could deliberate. After this and the recent turn of events, we lack confidence that Judge Persky can fairly participate in this upcoming hearing in which a male nurse sexually assaulted an anesthetized female patient. This is a rare and carefully considered step for our Office. In the future, we will evaluate each case on its own merits and decide if we should use our legal right to ask for another judge in order to protect public safety and pursue justice."

The new sexual assault case was reassigned to Judge Cynthia A. Sevely and the preliminary hearing was held on Monday.

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