Convicted Child Molester Who Sodomized 3-Year Old Has Time Shaved Off Mandatory Sentence Because Judge Felt “There Was No Violence Or Callous Disregard For (The Victim’s) Well-Being”
[guest post by Dana]
This is just unspeakably horrible:
Kevin Jonas Rojano was convicted Dec. 3 of sodomizing a child younger than 10 and lewd or lascivious acts with a minor.
The female he sodomized was a 3-year old toddler.
Rojano was playing video games in the garage of his home where he lived in Santa Ana June 4 of last year when a 3-year-old girl who he is related to wandered in to hang around, said Deputy District Attorney Whitney Bokosky. Rojano, who became sexually aroused by the child, pulled her pants down and assaulted her, Bokosky said.
The girl’s mother, meanwhile, tried to get into the garage as she looked for the child but realizing it was locked started looking elsewhere at a neighbor’s home, Bokosky said. This prompted the defendant, who had put his hands over the girl’s mouth to keep her from yelling for her mother, to have the child masturbate him, Bokosky said.
The defendant then unlocked the garage door and when the mother returned she took the girl, who appeared unharmed, into the home, Bokosky said. The crime came to light moments later in the kitchen when the girl complained of pain in her anus and the mother noticed it was torn, Bokosky said.
Rojano faced a mandated 25-year-to-life sentence for his crime, but because Orange County Superior Court Judge M. Marc Kelly did not believe him to be a typical run-of-the-mill child molester, he sentenced Rojano to only 10 years in prison:
“However, 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 defendant “almost immediately” stopped and “realized the wrongfulness of his act,” Kelly said.
“Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child,” Kelly said. “There was no violence or callous disregard for (the victim’s) well-being.”
The judge also noted the defendant “has shown extreme remorse for his actions and has been willing to accept the consequences,” Kelly said.
Judge Kelly was also sympathetic to a doctor’s report on Rojano’s childhood:
Pointing to a doctor’s report, the judge said that while growing up the defendant suffered “a great deal of family disruption and abuse, making him an insecure, socially withdrawn, timid, and extremely immature young man with limited self-esteem.”
A 3-year old’s anus is torn because of the brutal rape by a grown man. Her little body is horribly attacked, violated and damaged and yet according to Judge Kelly, such vile actions do not demonstrate a violent or callous disregard for her well-being. Surely all of heaven weeps.
There is a campaign underway to remove Judge Kelly from the bench, as well as a petition to sign. As of today, the Secretary of State’s office reports that there is not (yet) any formal recall effort underway.
This is not the first time there this judge has gone easy on a predator.
–Dana
Hello.
Dana (86e864) — 4/7/2015 @ 7:14 pmNothing evidences the complete lack of any violence or callous disregard as putting one’s hands over the mouth of the victim so the victim can’t scream.
Steve57 (cd6f9a) — 4/7/2015 @ 7:26 pmcabrón
Colonel Haiku (2601c0) — 4/7/2015 @ 7:30 pmSteve57,
From the first link:
As such, the prosecution is looking at an appeal.
Dana (86e864) — 4/7/2015 @ 7:32 pmHow does California handle removing judged from the bench when, as here, they clearly are mentally incompetent?.
kishnevi (91d5c6) — 4/7/2015 @ 7:34 pm*judges*
kishnevi (91d5c6) — 4/7/2015 @ 7:35 pmSo are we going to see the College Campus Rape group attacking/doxing this Judge Kelly
seeRpea (7c70fd) — 4/7/2015 @ 7:38 pmor is this kind of thing okay by them, like the Pakistani (muslims?) in Rotherham?
This guy had the right idea.
http://www.nydailynews.com/news/crime/florida-teen-beaten-molesting-man-son-25-years-article-1.2172281
“He’s going to learn in the next 25 years why I let him live,” the father told the newspaper following the sentencing.
Gazzer (eae5fa) — 4/7/2015 @ 7:48 pm“Member to say hi to jeebus when you get there.
The worst part about this sentence is that prisons segregate prisoners primarily by length of sentence. So this guy is going to be in with less dangerous prisoners, who have hope to be released in a relatively reasonable time, and are therefore less likely to shank him or drown him in a toilet.
nk (dbc370) — 4/7/2015 @ 7:53 pmKishnevi,
Here: The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.
Here is a list of types of misconduct that can be addressed in complaints:
Abuse of contempt/sanctions
Dana (86e864) — 4/7/2015 @ 7:54 pm• Administrative malfeasance/improper comments/treatment of colleagues and staff
• Alcohol or drug related criminal conduct
• Bias/appearance of bias toward a particular class
• Bias/appearance of bias not directed toward a particular class
• Comment on a pending case
• Decisional delay/false salary affidavits
• Demeanor/decorum
• Disqualification/disclosure/post-disqualification conduct
• Ex parte communications
• Failure to cooperate/lack of candor with regulatory authorities
• Failure to ensure rights
• Gifts/loans/favors/ticket-fixing
• Improper business, financial or fiduciary activities
• Improper political activities
• Inability to perform judicial duties/incapacity
• Miscellaneous off-bench conduct
• Misuse of court resources
• Non-performance of judicial functions/attendance/sleeping
• Non-substance abuse criminal conduct
• Off-bench abuse of office/misuse of court information
• On-bench abuse of authority in performance of judicial duties
• Pre-bench misconduct
• Sexual harassment/inappropriate workplace gender comments
• Substance abuse
Nk,
I thought that prisons segregated child molesters from General population.
Dana (86e864) — 4/7/2015 @ 7:55 pmThat list looks like just another day on the set for Charlie Sheen.
Gazzer (eae5fa) — 4/7/2015 @ 7:56 pmDana @4, I didn’t follow the links. It just leaped out at me.
Steve57 (cd6f9a) — 4/7/2015 @ 8:02 pmAny prisoner can request segregation if he can make a case for his personal safety. I honestly don’t know whether there is a blanket rule. I had a police officer who just relied on other prisoners not knowing he was one, for example. Segregation is not pleasant and once in they never get out — they’re labeled and they’ll never be safe in the yard again.
nk (dbc370) — 4/7/2015 @ 8:04 pmInteresting tidbit: M. Marc Kelly played basketball for Notre Dame and was president of the school’s monogram (letterman’s) club. He received his law degree from the University of San Diego and is a former prosecutor who worked on gang cases. I wonder if all that Catholic higher education made him overly-susceptible to ideas of forgiveness and redemption.
JVW (a1146f) — 4/7/2015 @ 8:16 pmJVW, no Catholic teaching on forgiveness and redemption would create this judge. Which isn’t to say Notre Dame didn’t create him. Since nothing it teaches has anything to do with Catholocism.
Steve57 (cd6f9a) — 4/7/2015 @ 8:23 pmre #12: Ha! 😀
seeRpea (7c70fd) — 4/7/2015 @ 8:25 pm“Let’s skip that whole ‘repentance’ part.”
– Notre Dame, since forever.
Steve57 (cd6f9a) — 4/7/2015 @ 8:25 pmI have much darker suspicions. Perverts network and support each other. I’d like the FBI to check all his computers’ hard drives for a start. But I’ll repeat that they’re only suspicions.
nk (dbc370) — 4/7/2015 @ 8:26 pm“this does not compare to a situation where a pedophilic child predator preys on an innocent child”
Icy (d962d5) — 4/7/2015 @ 8:37 pm— So, because “he is related to” her (which accounts for their physical proximity), and she “wandered in to hang around” (which indicates no stalking or pursuit on his part), he therefore did not ‘prey’ on her? What part of HE TOOK ADVANTAGE OF HER SPECIFICALLY DUE TO THE FACT THAT SHE WAS ALREADY THERE AND FELT COMFORTABLE & UNAFRAID IN HIS PRESENCE is this piece of sh*t ‘judge’ stuck on?
Also, maybe he just hasn’t been caught before. Doesn’t mean he hasn’t done it in the past.
Gazzer (eae5fa) — 4/7/2015 @ 8:40 pmIcy, yes, that appears the case.
Also, the little teaser was not “an innocent child.”
Something to keep in mind, per this judge.
Steve57 (cd6f9a) — 4/7/2015 @ 8:40 pmPointing to a doctor’s report, the judge said that while growing up the defendant suffered “a great deal of family disruption and abuse, making him an insecure, socially withdrawn, timid, and extremely immature young man with limited self-esteem.”
Icy (d962d5) — 4/7/2015 @ 8:53 pm— The above description applies, of course, to 99% of all pedophiles that have existed throughout all of human history. Perhaps the judge should look into ‘pointing’ himself towards reality.
Yeah, I saw that, Steve57. Makes you wonder what this judge thinks about female innocence in general, hmm?
Icy (d962d5) — 4/7/2015 @ 8:57 pmThis is not the first time there this judge has gone easy on a predator.
Beyond that — or even more so along with that — I could tell fairly quickly exactly where Kelly is coming from, what his gut instincts are all about, if I could gauge his innate reactions to the following story. In general, if Marc Kelly finds his heart filling up with warmth and joy towards this type of report, I’d know in a second he’s the kind of person who in a theoretical scenario would be caught saying: “I hired Mr Rojano to babysit my daughter (or son) a few months ago, and, oh-my, things didn’t work out as expected! Oh, darn, what was I thinking? I hope I’ll have better luck next time!”
Mark (77395a) — 4/7/2015 @ 9:14 pmnk @ #19
I had the same thought when I read this one.
Bill M (906260) — 4/7/2015 @ 10:04 pmThe judge has probably done this himself or thought of doing it. Time to tar and feahter him and run him out of town on a rail.
Jim (84e66d) — 4/7/2015 @ 10:16 pmOur Windy City barrister, who is stuck with Rahm Emanuel for another four years, wrote:
Exactly what I thought.
The bigger problem is that this “judge” cannot be held personally liable if a thug to whom he gives a ridiculously lenient sentence reoffends and harms someone else after he gets out, when he should have remained locked up for life.
The thoroughly disgusted Dana (f6a568) — 4/8/2015 @ 3:26 amcastrate this sick _______.
mg (31009b) — 4/8/2015 @ 3:34 amCan not prosecutors appeal the sentence?
Michael Ejercito (d9a893) — 4/8/2015 @ 6:54 amNot an innocent child? A three year old, who has not reached the age of reason?
SarahW (6f3980) — 4/8/2015 @ 6:59 amSomething’s fishy here, a quick look around the net into Judge Kelly’s background reveals an impressive resume: twice captain of his HS basketball team, championship seasons at Notre Dame and professionally in the Irish League (averaged 28 ppg). UC San Diego law school, 12 years in the Orange County DA’s office prosecuting gang murder. Kelly is married and lives in Newport Beach with wife and 2 sons, coached son’s youth basketball team to ’09 state title, won ’08 men’s doubles Southern California Adoption Guild tennis title.
Kelly just doesn’t look like the kind of guy who’d go soft on a child rapist. There’s every reason to take a long and detailed look beneath the surface.
ropelight (c30b7f) — 4/8/2015 @ 8:25 amthe light at the end of his rope wrote:
Kelly just doesn’t look like the kind of guy who’d go soft on a child rapist. There’s every reason to take a long and detailed look beneath the surface.
The very thoroughly disgusted Dana (f6a568) — 4/8/2015 @ 8:47 amthe light at the end of his rope wrote:
I’m hoping that rope isn’t suggesting that there’s any particular reason to give the rapist a lighter sentence, and is simply suggesting that we look at what His Honor is doing behind closed doors. I don’t care what misfortunes may be in the rapist’s history, and I don’t care if he’s a past Medal of Honor winner; for what he did, he should never leave prison for anything except his own burial.
The very thoroughly disgusted Dana (f6a568) — 4/8/2015 @ 8:51 amNo, Dana, there’s no reason to abandon hope, quite the opposite, I see no apparent reason for a guy like Kelly to go wobbly on a child rapist. In my opinion it’s a no-brainer, Rojano should have gotten the maximum sentence allowable. (If it was up me, he’d already be dead.)
I find Kelly’s decision inconsistent with the law, reasonable expectation, common sense, and his duty to uphold the law, which is why an in-depth look into Kelly’s motivations is more than justified. There’s something rotten in Newport Beach.
ropelight (c30b7f) — 4/8/2015 @ 1:05 pmJudge Kelly hasn’t always decided for leniency:
Dana (86e864) — 4/8/2015 @ 4:14 pmhmm, looks like ropelight has a point.
seeRpea (bf1eb5) — 4/8/2015 @ 4:26 pmcan the DA office use the appeal process to find out what happened or would
an official investigation by the CA Court be required?
Not legally, anyway.
Fortunately, vigilantism exists.
Michael Ejercito (d9a893) — 4/9/2015 @ 1:34 pm