Judge M. Marc Kelly
Can you believe it? Orange County Superior Court Judge M. Marc Kelly had the opportunity to give a 25-year-to-life sentence to Kevin Jonas Rojano-Nieto, 20, who was convicted by a jury on December 3, 2014, of sodomizing a 3-year-old girl. But Judge Kelly decided instead to sentence Rojano-Nieto to 10 years in prison.
Rojano was playing video games in the garage of his Santa Ana home on June 4, 2014, when a 3-year-old girl, to whom he is related, wandered in to hang around, said Deputy District Attorney Whitney Bokosky. Rojano, who became sexually aroused by the child, pulled her pants down and assaulted her, Bokosky said, according to the O.C. Register.
The girl’s mother, meanwhile, tried to get into the garage as she looked for the child but realizing it was locked started looking elsewhere at a neighbor’s home, Bokosky said. This prompted the defendant, who had put his hands over the girl’s mouth to keep her from yelling for her mother, to have the child masturbate him. The defendant then unlocked the garage door and when the mother returned she took the girl, who appeared unharmed, into the home, Bokosky said. The crime came to light moments later in the kitchen when the girl complained of pain in her anus and the mother noticed it was torn, according to the Patch.
The judge felt that under the circumstances the minimum 25 year sentence would be too harsh. “In looking at the facts of Mr. Rojano’s case, the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case. Mr. Rojano did not seek out or stalk (the victim). 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,” according to KTLA.
Kelly was appointed to the bench by recalled Governor Gray Davis, a Democrat, in 2000, according to the Daily Pilot. He was reelected in 2012, when he faced no opposition, according to Smart Voter. He was previously a prosecutor known for having played basketball at Notre Dame.
Editor’s Note – Judge Kelly sentenced a retired CHP Lieutenant to probation after the bad cop was nabbed in a child molestor sting, according to the OC Weekly.
An online petition has been launched calling for an apology from Kelly and asking officials to appeal the case.
This judge needs to be investigated. What is the upside for him? He must have some reason. 25 years is too brief, not excessive. Anyone who does this should expect life in prison. Why is the judge in Rojano’s corner and not the victims- a 3-year old victim?
Is this even real? How could a judge have such poor judgment. “not a typical case,” wow, the fact that we have to have typical predatory cases to set the standards. What about this 3 year old whom, regardless of her assailants motives, will now be permanently scarred.
Here’s a link to an online petition about this case: https://www.change.org/p/judge-says-child-rapist-didn-t-mean-to-hurt-the-3-year-old-toddler-he-sodomized
That judge needs to be recalled.
We agree!
The sad part is that he used to be an OCDA prosecutor and had work gang homicides for a while. What happened to this guy???
The judge is corrupt and needs to be recalled. However, the the judicial system is corrupt as well. NO ONE – not even this POS judge – would give this guy such a lenient sentence without some reason, some incentive.
I say, look at who the defense attorney is in this case. Is the judge attempting to bolster this person’s career as a defense attorney? I don’t know who the attorney is or if this is even true. I am just saying .. there HAS to be something in it for the judge to have let this guy off so easily.
He’s sided with child rapists before:http://capistranoinsider.typepad.com/the_sheriffs_blogger/2010/03/judge-marc-kelly-ignores-prosecutors-and-probation-department-and-sentences-retired-chp-lieutenant-n.html
This idiot judge needs to be removed ASAP. He is a total disgrace. Judge Marc Kelly is a former basketball player from Notre Dame University and was a past president of the Monogram Club.
He is a disgrace to any group or organization he may have been associated with. He should resign and save himself the humiliation of being removed.