OC Leaders Back Off Effort to Oust Judge for Toddler Rapist Leniency

In the face of protests from prominent local defense attorneys, Orange County supervisors unanimously agreed today to postpone a vote on a resolution calling for the resignation of a judge who lowered a state- mandated sentence for a man convicted of sodomizing a 3-year-old girl.

The supervisors want to work more on the language of the proposed resolution condemning Orange County Superior Court Judge M. Marc Kelly’s April 3 decision to reduce the 25-year-to-life sentence to 10 years for Kevin Jonas Rojano-Nieto, who was convicted of sexually assaulting his 3-year-old relative.

Paul Meyer of the Orange County Criminal Defense Bar Association’s Founding Board provided legal analysis to the supervisors before today’s meeting.

One of the most recent drafts of the resolution sought to “rebuke and formally censure” Kelly for a ruling that “illegally fails to comply with the mandate of (state legislation),” which could, “in the very near future, expose the children of Orange County to the defendant’s sexual, pedophilic appetite.”

The resolution also declared that the supervisors have “no confidence in the judgment of Judge Kelly or his ability henceforth to faithfully, fairly, wisely or competently administer the laws of the State of California,” and that they “demand the immediate resignation” of the jurist.

The resolution also would “endorse the decision of the District Attorney to pursue any and all appellate remedies to obtain a reversal of the illegal and unjust sentence imposed by Judge Kelly.”

Supervisor Lisa Bartlett -- who last week joined Board Chairman Todd Spitzer and Supervisor Shawn Nelson in publicly calling on Kelly to resign as they announced a recall effort -- pushed for a postponement of a vote on the resolution until next Tuesday’s meeting. In the meantime, the language of the resolution will be further tweaked.

Kelly ruled it would be cruel and unusual punishment and, therefore, unconstitutional to sentence Rojano-Nieto to a life sentence.

Kelly noted it was the same punishment for first-degree murder and longer than the terms behind bars those convicted of manslaughter or second- degree murder receive.

Kelly also cited reports from psychological experts that downplayed the possibility the defendant would sexually assault anyone else when released from prison. He also relied on appeals from family members who requested a lesser sentence.

City News Service

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