Judge Aaron Persky, who presided over the Brock Turner sexual assault trial, was removed from a case on Tuesday, after prosecutors complained, Reuters reported. Santa Clara County District Attorney Jeff Rosen said he did not trust Persky’s ability to fairly hear the case, mentioning the six-month jail sentence Persky gave Turner after a jury convicted him of three felony sexual offenses.

“We lack confidence that Judge Persky can fairly participate in this upcoming hearing,” Rosen said. The new case involves a male nurse who is accused of sexually assaulting a female patient who had been anesthetized prior to surgery. A new judge has already been assigned.

Many feel Turner’s sentence was too light, considering that prosecutors recommended six years in prison. Turner sexually assault an unconscious woman behind a dumpster. Judge Persky cannot comment on the case at this time, as Turner is appealing the decision.