April 09--Three Orange County supervisors asked a Superior Court judge to resign Thursday for sentencing a convicted child molester to less time in prison than the recommended minimum sentence.
Orange County Superior Court Judge M. Marc Kelly sentenced Kevin Jonas Rojano-Nieto to 10 years in prison rather than the recommended minimum sentence of 25 years for sodomizing a child.
Rojano-Nieto, 20, was convicted of sexually abusing a 3-year-old girl. In his ruling, the judge indicated that the recommended minimum sentence would have been cruel and unusual punishment and said the defendant seemed remorseful for what he had done.
Kelly was unavailable for comment, his court clerk said Thursday.
Last Friday's sentencing sparked a quick and furious backlash.
Bryan Scott, who described himself as a concerned citizen, organized a grassroots effort on Facebook and created the "Remove Judge M. Marc Kelly from the Bench" page.
On Thursday, he was joined by a victims' rights advocate and supervisors Todd Spitzer, Lisa Bartlett and Shawn Nelson at the Civic Center Plaza in Santa Ana to call on Kelly to resign.
Scott's efforts have inspired a larger movement.
A Chicago woman created a petition on Change.org asking for Kelly's resignation. The petition has been signed by more than 34,000 people. A variety of conservative radio and television personalities have also urged the judge to step aside.
Orange County District Attorney Tony Rackauckas has said he plans to appeal the sentencing.
Rojano-Nieto was convicted in December of one felony count of sexual intercourse or sodomy on a child and a single felony count of a lewd act on a child.
In his statement to the judge last Friday, Rojano-Nieto apologized for his actions, according to court transcripts.
"Despite my actions and what people might say about me that is not what is in my heart...If my family despises me? I have no right to try to change their mind," he said.
In his ruling, Kelly said he believed Rojano-Nieto was "extremely remorseful" and that a 25-years-to life sentence would have been "grossly disproportionate to his individual culpability."
Kelly said that after analyzing the case, it appeared the crime was "not typical of a predatory violent brutal sodomy of a child case."
Rojano-Nieto, he said, "did not seek out or stalk" the victim, who wandered into the garage where the 20-year-old was playing video games.
The judge said Rojano-Nieto "inexplicably became sexually aroused" but did not appear to consciously intend to harm the girl.
Still, the judge called the crime "despicable" and expressed hope that the crime would have no lasting effect on the child.
"By all indication she appears to be a happy healthy child," he said.
"So it's hard to gauge how this crime may affect her mental state in the future. It certainly may, but I hope it does not. It doesn't appear she suffered any serious violent physical injuries, and by all accounts she appears headed for a normal life."
UPDATED
1:57 p.m.: This article has been updated with details from the sentencing court records and a press conference held by three Orange County supervisors.
