A Judge Just Dramatically Reduced the Sentence of a Man Convicted of Raping a Toddler

[niyad]

(there are words, but I would probably get arrested)

"he didn't intend to HARM the child he was raping"!!!!!!!!!!!!!


A Judge Just Dramatically Reduced the Sentence of a Man Convicted of Raping a Toddler


this is the defendent


this is the judge


On Friday, Superior Judge M. Marc Kelly of Orange County, California, reduced the mandatory minimum 25-to-life sentence of Kevin Jonas Rojano-Nieto by 15 years. Nieto, who was convicted last December of one felony count of sexual intercourse with a child and one felony count of lewd act upon a child for sodomizing a 3-year-old toddler, will now only spend 10 years behind bars.
Over objections by the Prosecution, Judge Kelly lessened Rojano-Nieto’s sentence to 10 years in state prison, citing that the mandatory minimum sentencing of 25 years to life was “cruel and unusual punishment,” as Rojano-Nieto did not “intend” to harm the toddler while raping her.

Rojano-Nieto was playing video games in his garage last summer when the 3-year-old victim wandered away from her home and into his garage. Rojano then sexually assaulted her, at one point covering her mouth to hide the child’s cries from her mother, who was looking for her. When her mother finally found her, she was unaware that anything had happened until the child complained of pain, at which point her mother found injuries consistent with sexual assault and called the police.

Deputy District Attorney Whitney Bokosky told the City News Service that Judge Kelly considered the full 25 years unconstitutional because Rojano-Nieto did not intend to harm the 3 year old when he sodomized her. “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,” said Kelly. “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.”

. . . .



This is not the first time Judge Kelly has shown sympathy for a convicted sex offender. Last fall, Judge Kelly overturned a conviction against former Highway Patrol lieutenant Stephen Deck, 54, for an attempted lewd act upon a child. Deck was arrested after being involved in a sting operation when he drove to the house of someone posing online as a 13-year-old girl, with the intent of having sex with her.

A petition to get Judge Kelly removed from the bench is in circulation, with at least 13,000 signatures so far.

http://feminist.org/blog/index.php/2015/04/08/a-judge-just-dramatically-reduced-the-sentence-of-a-man-convicted-of-raping-a-toddler/

[arikara]

1. Somebody like that who is so sympathetic to sex assault perpetrators

it makes me think they have more than a passing interest the perpetrator thing.

[freshwest]

16. Yeah, I think he's probably left a trail of victims 'he didn't mean to harm' either. The kind of

bullshit this guy is spewing, and his leniency for child rapists didn't come from nowhere.

[guillaumeb]

2. There are no words for judge or the predator

When I read:
He inexplicably became sexually aroused but did not appear to consciously intend to harm (the victim) when he sexually assaulted her.”

Inexplicably? No. It is easily explained. He is a pedophile. THAT is the explanation.

So one can sexually assault someone without intent to harm? I cannot fathom what the judge reasoned to arrive at that conclusion. And what if the 3 year old had been the judges' granddaughter? Would he have felt the same?

Pedophiles do not stop. Sounds like the judge is as good as a pedophile in his justification.

[niyad]

4. you have that absolutely correct.

and to think that this pedophile lover has been re-elected to his position.

[KitSileya]

13. I advocate for using analogies that involve the cretins themselves,

instead of (imaginary) family members. Howsabout if Rojano-Nieto was inexplicably sexually aroused by the judge and sodomized him while Kelly was unconscious? Would he have felt the same?

I sincerely think that only someone who harbors the same way of thinking as a pedophile could say the things Kelly does. Whether he has acted on it is anyone's guess (mine is that he has - any granddaughter he might have is definitely at great risk.)

[guillaumeb]

29. If the judge had been sodomized by Rojano-Nieto,

could R/J have used the same defense of inexplicable arousal" to justify the sodomy?

And would the other judges assume that Kelly was somehow asking for it?

Maybe Nieto is aroused by men wearing robes?

[freshwest]

17. Not only that, she was CRYING so she was hurting. Another pedo judge looking out for his own kind!

[Arugula Latte]

3. Please see this thread:

http://www.democraticunderground.com/10026471002

[niyad]

7. that judge is clearly a sick and twisted pos.

[Arugula Latte]

9. Definitely!

I can't even say what I'm thinking about him.

I will say that I hope this publicity makes his life a living hell.

[Kalidurga]

12. I hope so too

Some contact information. I will be writing an ill advised letter tomorrow, a letter to the Commission on Judicial Performance, and to Kamala Harris.

https://www.facebook.com/removejudgekellyfromthebench

the petition to remove him from the bench.

https://www.change.org/p/judge-says-child-rapist-didn-t-mean-to-hurt-the-3-year-old-toddler-he-sodomized

Judge Michael Marc Kelly, Orange County Superior Court, Central Justice Center, 10th Floor, Dept. C39,700 Civic Center Drive West, Santa Ana, CA 92701 ... Phone: [phone]

Presiding Judge, 4050 Main Street, Riverside, CA 92501

The Commission on Judicial Performance, 455 Golden Gate Ave., Suite 14400, San Francisco, CA 94102-3660, (Phone: [phone])

Kamala Harris, Attorney General, California Department of Justice, P.O. Box 944255, Sacramento, CA 94244-2550

[freshwest]

18. Thank you for all the information! n//t

[dsc]

5. Hopefully he won't be retained in the next retention election

His judgement, which is kind of the point of being a judge, is clearly horrible.

[AuntPatsy]

8. The judge needs serious counseling

[niyad]

10. and another line of work, preferably one where he will never come in contact with children,

or others.

[AuntPatsy]

11. A-men to that....

[freshwest]

19. And an investigation into his life. This BS doesn't come in the water. n/t

[niyad]

23. I am reasonably certain there are some pretty dark skeletons in HIS closet.

[burrowowl]

14. You have got to be kidding, A-Hole Judge!

An adult size penis in any orifice of a toddler is going to cause injury. The judge needs to be raped by an elephant!

[freshwest]

20. She was crying, so he put his hand over her mouth so her mother couldn't find her while searching.

And this sick judge said she wasn't harmed! How would he know such a thing?

[pinboy3niner]

15. PRESS CONFERENCE Thursday at 1pm local to call for judge's resignation

Bryan Scott, who created the recall campaign, and three Orange County Supervisors will speak at a presser at the Santa Ana Courthouse to demand that the judge step down.

More info:

http://paracom.paramountcommunication.com/hostedemail/email.htm?CID=25927389914&ch=52962CD25A865479142243879193E792&h=11be9e42dc3aa0885cb58819eb12b7fa&ei=snc7zT1PN

[niyad]

24. thank you. and I hope you can keep us informed about it.

[pinboy3niner]

30. UPDATE: Bryan Scott declared that they are starting the official recall movement today

Scott is the local man who started the Facebook page for recall. And the three County Supervisors also have said the judge should be recalled if he does not resign.

The press conference wasn't aired live, but the only local newscast during the hour (KTLA-5) had a reporter doing a live standup at 1:30 with the press conference in the background and aired a very brief clip of Scott saying the official recall begins today. The judge's office again declined to comment because of judicial rules.

This happened right outside the Santa Ana Courthouse where Judge Kelly's courtroom is located.

Other local news stations will air reports in their newscasts later today.

I saw one RW blog that expects the effort to qualify for a recall to be successful because of the local furor over this, though it noted that it will require signatures of about 90,000 local Orange County residents.

[niyad]

31. thank you for the update. I know you, and others, will be keeping a very close eye on

this.

[Sparhawk60]

21. A Toddler..

how can you NOT harm a toddler by raping her, and how can the judge look in the mirror in the morning. This story is just unbelievable. I hope the judge does get fired.

[niyad]

25. how can ANY rape not be considered "harm"?? this judge needs to be removed from

the society of civilized people immediately.

[seabeyond]

27. he is one of the men telling the joke.... rape inevitable? lay back and enjoy. that really mean it.

that is why we silly ole women say, .... it is not so much a joke. call it out.

[niyad]

28. pity dueling is illegal.

[RealityAdvocate]

22. I think this is terrible.

Where are all the people advocating for Tsarnev in the other threads? Shouldn't they be in this one, supporting the judge in his decision not to levy "cruel and unusual punishment."

It never ceases to amaze me how sheltered some folks are. They don't realize how evil humans can be, and the measures our society takes to protect the idealistic from the predators.

[niyad]

26. welcome to du.

[Stellar]

32. I hope they kill his behind in jail, and

I hope that judge comes up missing.

[niyad]

33. at the very least, he needs to resign immediately, but I doubt that will happen.

[Stellar]

34. Gawd, help me find that kind of sympathy

for that bastard!

[niyad]

35. no sympathy here, believe me. I just don't want anybody going to jail because of him.

[LisaL]

36. Of course the perp didn't seek out the victim.

Victim is his half sister.
I guess it makes it all better.

[niyad]

37. see the link in post 3--the judge is all but blaming the child for the rape.