The California judge who gave a lenient sentence to a convicted rapist has removed himself from another sex crimes case.
Judge Aaron Persky, who is facing a recall threat after he sentenced former Stanford University swimmer Brock Turner to six months in jail, disqualified himself from hearing a case involving a plumber convicted on child pornography charges, reported The Mercury News.
Persky, a Santa Clara County judge, filed a statement with the court saying he and his family had suffered a "personal family situation" related to publicity over the new case while vacationing last week.
The judge had been expected to decide this week whether to reduce Robert Chain's felony conviction for possession of child pornography to a misdemeanor.
Persky indicated that he might reduce the charges -- which isn't unusual -- when he sentenced Chain last year to four days in county jail.
Most judges impose six-month sentences for similar convictions, and Persky's critics have cited the case as an example of his leniency toward sex offenders.
He decided to recuse himself from the ruling, which would have come a year earlier than Chain's probation officer had recommended, because he realized his impartiality had been called into question.
Reducing the conviction from a felony to a misdemeanor would have removed his name and photograph from online sex offender registries, although he would still be required to register for the rest of his life as a sex offender.
Chain was found guilty of possessing 188 pornographic images of girls between ages 5 and 12 years old, and at least one of an infant.
Court records show Persky had been impressed by Chain, who is an alcoholic, for staying sober for more than a year and maintaining his job as a plumber.
He also attended regular therapy sessions and completed a yearlong sex offender management program.
Turner, the former Stanford student, has blamed alcohol and the "party culture" for his sex assault of an unconscious woman outside a fraternity party.
Judge Kenneth Barnum will now hear Chain's case on Oct. 6 in Palo Alto.
