California Superior Court Judge M. Marc Kelly reduced a child rapist´s mandatory 25-year sentence down to a mere 10 because he ‘did not intend to harm’ the the little girl that he raped.
The judge stated that sentencing 20-year-old Kevin Jonas Rojano-Nieto to anything longer than 10 years would be ‘cruel and unusual punishement’ and stated that although he was sure that Rojano-Nieto sodomized the girl, even covering her mouth so she couldn’t scream, ‘there was no violence or callous disregard for the victim’s well-being’.
Now there is a growing movement to remove this judge from the bench. You can find the Facebook page HERE
A jury found Kevin Jonas Rojano-Nieto, 20, guilty on Dec. 3 of having sexual intercourse with a child 10 years or younger and committing a lewd act with a minor under 14, according to a news release from the Orange County District Attorney’s Office.
Rojano-Nieto sodomized the girl, who was a toddler at the time, and forced her to touch his penis, according to the DA’s office.
The minimum sentence in the case is 25 years to life in prison, with a maximum sentence of 33 years to life in prison, the DA’s office stated.
However, saying that 25 years to life was cruel and unusual punishment under the U.S. Constitution, the court — despite the prosecutor’s objection — sentenced Rojano-Nieto to 10 years in prison.
“Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child,” Superior Court Judge M. Marc Kelly said, according to a City News Service article posted by the Orange County Register. “There was no violence or callous disregard for (the victim’s) well-being.”
The assault took place on June 4, 2014, when the 3-year-old girl wandered into a garage where Rojano-Nieto was playing video games, Deputy District Attorney Whitney Bokosky said in the new service’s article.
Rojano-Nieto became sexually aroused and assaulted the girl, according to Bokosky.
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,” Kelly said.
“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 wire service reported Kelly saying.
The prosecutor’s office was expected to discuss an appeal of the judge’s sentence, according to City News Service.

Bull s…t this judge should be fried striped from the bar and sent to jail as a accopless to the crime. any dam fool who thinks raping a 3 year old isn’t harmful is a total idiot and a pervert. himself.
Judge is a complete moron. Needs to meet a nice prisoner who could do the same for him while he spends 10 years in prison!
There is no reason this rapist or the piece of carrion called a judge should ever see daylight again.
Written by Mike Gallagher .
President Obama : This is why you didn’t go to France.
It was you who on ABC News referenced – “My Muslim faith.”
It was you who gave $100 million in U.S. taxpayer funds to re-build foreign mosques .
It was you who wrote that in the event of a conflict – “I will stand with the Muslims.”
It was you who $#%&!@*ured the Egyptian Foreign Minister that – “I am a Muslim.”
It was you who bowed in submission before the Saudi King.
It was you who sat for 20 years in a Liberation Theology Church condemning Christianity and professing Marxism .
It was you who exempted Muslims from penalties under ObamaCare that the rest of us have to pay.
It was you who purposefully omitted – “endowed by our Creator” – from your recitation of The Declaration Of Independence.
It was you who mocked the Bible and Jesus Christ’s Sermon On The Mount while repeatedly referring to the ‘HOLY’ Quran .
It was you who traveled the Islamic world denigrating the United States Of America.
It was you who instantly threw the support of your administration behind the building of the Ground Zero Victory mosque overlooking the hallowed crater of the World Trade Center .
It was you who refused to attend the National Prayer Breakfast, but hastened to host an Islamic prayer breakfast at the WH.
It was you who ordered both Georgetown Univ . and Notre Dame to shroud all vestiges of Jesus Christ BEFORE you would agree to go there to speak, but in contrast, you have NEVER requested that the mosques you have visited adjust their decor .
It was you who appointed anti-Christian fanatics to your Czar Corps.
It was you who appointed rabid Islamists to Homeland Security.
It was you who said that NASA’ s “foremost mission” was an outreach to Muslim communities.
It was you who as an Illinois Senator were the ONLY individual who would speak in favor of infanticide .
It was you who were the first President not to give a Christmas Greeting from the WH, and went so far as to hang photos of Chairman Mao on the WH tree.
It was you who curtailed the military tribunals of all Islamic terrorists.
It was you who refused to condemn the Ft . Hood killer as an Islamic terrorist.
It is you who has refused to speak-out concerning the horrific executions of women throughout the Muslim culture, but yet, have submitted Arizona to the UN for investigation of hypothetical human-rights abuses.
It was you who when queried in India refused to acknowledge the true extent of radical global Jihadists , and instead profusely praised Islam in a country that is 82% Hindu and the victim of numerous Islamic terrorists $#%&!@*aults.
It was you who funneled $900 Million in U.S. taxpayer dollars to Hamas .
It was you who ordered the USPS to honor the MUSLIM holiday with a new commemorative stamp.
It was you who directed our UK Emb$#%&!@*y to conduct outreach to help “empower” the British Muslim community.
It was you who embraced the fanatical Muslim Brotherhood in your quest to overthrow the Egyptian President, Hosni Mubarak .
It was you who funded mandatory Arabic language and culture studies in Grammar schools across our country.
It is you who follows the Muslim custom of not wearing any form of jewelry during Ramadan .
It is you who departs for Hawaii over the Christmas season so as to avoid past criticism for NOT participating in seasonal WH religious events—while keeping all those who have to travel and protect you from spending the season with their families.
It was you who was un -characteristically quick to join the chorus of the Muslim Brotherhood to depose Egypt’ s Hosni Mubarak , formerly America’ s strongest ally in North Africa; but, remain muted in your non-response to the Brotherhood led slaughter of Egyptian Christians.
It was you who appointed as your chief adviser, Valerie Jarrett , who is a member of the Muslim Sisterhood , an off-shoot of the Muslim Brotherhood
Remember, Distribute far and wide.
DO WHAT ????????? STUPID IS AS STUPID DOES, MUST HAVE GOT PAID OFF”
what????????????????
Hang the bastard, he is no better than rapist.
Is He a member of isis??
One of the bought and paid for judges of The Far Left COMMUNIST PARTY.
Corruption at its finest.
He is a member of ISIS. You Judge are as crazy as they come. He will do it again again.