OC Judge causes public outcry after reducing sentence of child rapist

O.C. judge's reduced sentence in child sex assault case sparks a public outcry, calls for him to step down

Courtesy http://www.ocregister.com/articles/judge-657101-kelly-sentence.html

SANTA ANA – An Orange County Superior Court judge’s reduced sentence for a man who was convicted of sexually assaulting a 3-year-old girl has sparked public outrage, a petition and calls for the judge to step down.

Kevin Jonas Rojano-Nieto, 20, was convicted in December of sodomizing a 3-year-old relative and faced a mandatory minimum sentence of 25 years-to-life in prison. But in court on Friday, Judge M. Marc Kelly determined that the punishment in this case was unconstitutional and reduced the sentence to 10 years in prison.

Rojano-Nieto sexually assaulted the girl last year after she wandered into a Santa Ana garage where he was playing video games, prosecutors said. The assault came to light when the girl later complained of pain and her mother noticed that she was injured.

While the crime was “serious and despicable,” it does not compare to a situation where a pedophile preys on an innocent child, the judge said at the sentencing.

The defendant “did not seek out or stalk” the victim, the judge said.

“He was playing video games and she wandered into the garage. He inexplicably became sexually aroused but did not appear to consciously intend to harm (the victim) when he sexually assaulted her. As noted by defense, in an instant, he reacted to a sexual urge and stopped almost immediately,” Kelly said.

“There was no violence or callous disregard for (the victim’s) well-being,” Kelly said.

The judge noted that Rojano-Nieto was raised in a dysfunctional family environment and has shown “extreme remorse” for his actions.

While Kelly agreed that in most circumstances a sentence of 25 years to life would be appropriate, in this case, he said, it would amount to “cruel and unusual punishment.”

The outcry has been swift.

Chicago resident Sara Flores launched an online petition at change.org calling for an apology from Kelly and asking officials to appeal the case. The petition had more than 4,400 signatures as of Tuesday night.

“Judge Kelly’s statements are nothing short of reprehensible,” Flores wrote. “It is clear that Judge Kelly’s empathy towards the perpetrator of this horrific crime has clouded his judgment.”

And multiple Facebook pages have been created, including one called “Remove Judge M. Marc Kelly from the Bench” that generated more than 2,200 “likes” in less than a day.

Rojano-Nieto’s attorney, Erfan Puthawala, could not immediately be reached for comment on Tuesday. In court documents, Puthawala said the mandatory sentence would be “grossly disproportionate” given the facts of the case and Rojano-Nieto’s psychological state.

“It would be an action so far afield from the bounds of justice that to do so would shock the conscience,” Puthawala said. “Society will not be served if Kevin is incarcerated for the next 25 years.”

But an unidentified Facebook commentator said: “Apparently, by walking into the garage, the little girl was asking for it. This needs to stop. Victim blaming a toddler is insanity.”

The District Attorney’s Office said it disagrees with the sentence and is exploring its legal options.

Kelly was appointed by Gov. Gray Davis in 2000. He could not be reached for comment Tuesday.

City News Service

contributed to this report.

Contact the writer: kpuente@ocregister.com