Convicted child rapist, Kevin Jonas Rojano-Nieto
The toddler wandered into Mr. Rojano-Nieto's garage while he was playing a video game. Mr. Rojano-Nieto, who is also a relative of the little girl, abandoned his game, sodomized this child, forced her to touch his penis, and, according to court transcripts, when he heard her mother calling for her, covered her mouth with his hand so she could not cry out.
In California, the mandatory minimum sentence for sexually assaulting a child under the age of ten is 25 years to life. This past week, Orange County Superior Court Judge M. Marc Kelly sentenced this pervert to just ten years.
what eye thynk: This sort of news literally makes me nauseous; and
Judge Kelly's outrageous explanation for handing down a lenient sentence does nothing to alleviate my disgust.
In his ruling, Judge Kelly wrote, "...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." The Judge continued, (Mr. Rojano) "almost immediately" stopped and "realized the wrongfulness of his act. Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child. There was no violence or callous disregard for (the victim's) well-being."
An innocent, three-year-old baby is sodomized and this sad excuse for a judge decrees that there was "No violence or callous disregard for (her) well-being?!!" How far would a child rapist have had to go to reach Marc Kelly's definition of violence or callous disregard?
Judge Kelly decreed that 20 year-old Rojano-Neito "did not intend to harm" the tiny girl and that a longer sentence would be "cruel and unusual punishment."
God forbid a child rapist should suffer any cruel or unusual punishment, especially--as Mr. Kelly sees it--he didn't really "intend to harm" her.
Reading between the lines, it seems that Judge Kelly believes that Rojano-Nieto could not be expected to control himself in the presence of such an obvious female temptress. She wandered into his garage and the sight of her tiny body pushed him beyond the limits of male self-control. This is the same stupid, blame-the-victim logic espoused by conservative Islam. A woman must wear a burqa in public lest a man be unable to control his lust. This is such utter bullshit! And, when the victim is a child, it is bullshit squared. If a man can't control his own sexual urges, then maybe HE should be the one constrained. Let's start here, and constrain Mr. Rohano-Neito for the full sentence as mandated by California law.
Rape--ANY rape--is an act of violence, no matter what the misogynist, misinformed and callous Judge Kelly espouses.
Todd Spitzer, Lisa Bartlett and Shawn Nelson, three of the five Orange County supervisors have announced they will seek a recall election of Mr. Kelly. A fourth supervisor, Michelle Steel, called for Mr. Kelly to step down immediately.
A petition begun by Change.org calling for Mr. Kelly's
immediate resignation has already garnered over 70,000 names. You can add yours here.
You can also join your voice with 17,000 others who support Mr. Kelly's removal from the bench at this Facebook page.
California Superior Court Judge M. Marc Kelly
Judge M. Marc Kelly. Hmnnnn 'judge'. Still thinking here. His title is 'Judge', a title he will retain for life.
ReplyDelete1st definition ~ Judge; a public officer authorized to hear and decide cases in a court of law; a magistrate charged with the administration of justice
2nd definition ~ Judge. To make a decision or reach a conclusion after examining all the factual evidence presented. To form an opinion after evaluating the facts.
"After evaluating ALL the facts[of the case]' Let's try to understand this better.
In this case the permanent damage to a 3 year female child caused when Senor Kevin Jonas Rojano-Nieto inadvertently pushed his erect penis into her anus. I have a penis. I've never inadvertently pushed it into anyone one, ever.
Judge Kelly has a penis. Gotta make you wonder if HE has. Pushed it into some one inadvertently I mean.
If there's any good news here it's this: prison inmates don't like child rapists. But they do like anal sex. And they will hurt Senor Kevin Jonas Rojano-Nieto. You can count on it.
There is a difference between judgement and justice. Justice will prevail for Senor Rojano-Nieto. And, hopefully, a grass roots uproar that will unseat a stupid ass judge. One who is sympathetic to a child rapist.