Las Vegas Sun

April 30, 2024

County leaders call for judge to quit over sodomy sentence

Patricia Wenskunas

AP Photo/The Orange County Register, Cindy Yamanaka

Patricia Wenskunas, Crime Survivors founder, was one of several victims of abuse who gather at Plaza of Flags in the Civic Center Plaza, Santa Ana, Calif. on Thursday, April 9, 2015, demanding the resignation of Judge M. Marc Kelly who reduced 15 years off a minimum sentence for Kevin Jonas Rojano-Nieto convicted of sodomizing a 3-year-old girl.

SANTA ANA, Calif. — Three of five Orange County supervisors are calling on a judge to resign after he gave a shorter-than-standard sentence to a man who sodomized a 3-year-old girl.

The trio also said Thursday that they will back a recall campaign for Superior Court Judge M. Marc Kelly unless he steps down.

In his ruling last week, Kelly drew a distinction between a sexual predator and Kevin Rojano-Nieto, saying the Santa Ana man acted on impulse when he attacked a relative, had no prior criminal history and was remorseful.

He said the girl's parents had asked for leniency.

Kelly gave Rojano-Nieto 10 years, ruling that the mandatory minimum sentence of 25 years to life would be cruel and unusual punishment.

The district attorney says Kelly's decision was illegal, and he'll appeal it.

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