Outrage Aimed at L.A. Area Judge for Cutting Child Sex Abuser’s Prison Time
LOS ANGELES, April 9 (UPI) — Thousands are speaking out on the Internet and in public forums to voice their outrage toward a Southern California judge, who acted last week to shorten the prison term of a man who sexually assaulted a 3-year-old girl.
Kevin Jonas Rojano-Nieto was convicted in December of sodomizing the toddler and faced a mandatory minimum sentence of 25 years to life in prison as he headed into his sentencing hearing on April 3. What he received, however, was a punishment of less than half that time — 10 years in prison.
Orange County Superior Court Judge M. Marc Kelly said he believed a minimum prison term of 25 years to life — although mandated by law — did not fit the crime.
“The facts don’t support there was any violence or callous disregard for the victim’s well-being,” Kelly wrote in defense of Nieto’s sentence, CBS Los Angelesreported.
Kelly, a superior court judge since 2000, also said he believed 25 years to life would have been “cruel and unusual” punishment.
Among other reasons justifying the shorter sentence, Kelly said, was the fact that Nieto, 20, didn’t seek out or stalk the girl, and that no violence was involved in the girl’s assault.
“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,” Kelly said during the sentencing. “As noted by defense, in an instant, he reacted to a sexual urge and stopped almost immediately.
“There was no violence or callous disregard for [the victim’s] well-being.”
Kelly also noted that Nieto has shown extreme remorse for the assault — and even went so far to say the young victim didn’t appear psychologically damaged or traumatized during her court appearance, at which she gave testimony on the witness stand.
“It doesn’t appear she suffered any serious violent physical injuries, and by all accounts she appears headed for a normal life,” Kelly wrote.
Reaction to his ruling and reasoning has been swift and firm — from outraged community members to the victim’s father — with many demanding that he be removed from the bench.
“For him to dismiss it — wasn’t a violent act? Of course it was. It was rape,” the victim’s father, Bryan Scott, told KCAL-TV. “Why is this person allowed to sit on this bench and make these rulings?”
Scott has created a Facebook page to gather support for Kelly’s removal, and thousands of supporters have joined his crusade. One supporter in Chicago created an online petition to remove the judge, as well.
“Apparently, by walking into the garage, the little girl was asking for it. This needs to stop,” one poster wrote. “Victim blaming a toddler is insanity.”
“We put him there, and if we put him there, someone has to step up and say he needs to be removed from the bench,” Scott said.
The Orange County district attorney has promised to appeal the judge’s decision. Nieto’s attorney, though, praised Kelly for being lenient.
“On the spectrum of sexually violent crimes, this is something that is barely benign,” defense attorney Erfan Puthawala told Los Angeles’ KABC-TV.
Puthawala also said Nieto deserved to be spared from a harsher sentence because Nieto himself is from a broken home and was abused as a child, as well.
Orange County DA Tony Rackauckas disagrees.
“He’s a grown man. He knowingly, reprehensibly committed this terrible crime and should pay the price,” he said.
