RECALL JUDGE KELLY!
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[UPDATE 08/20/15 – OFFICIAL SIGNATURE GATHERING EVENT TO REMOVE JUDGE KELLY IS TODAY!!! PLEASE JOIN US! Sign an official petition at the Ayres Hotel Orange, located at 200 N. The City Drive, Orange, CA 92868 on Thursday, August 20, 2015 from 3pm-7pm.]
[UPDATE 05/01/15 - AN OFFICIAL RECALL EFFORT IS FORMALLY UNDERWAY! VISIT: HTTP://WWW.RECALLJUDGEMARCKELLY.COM]
A convicted child rapist didn't mean to hurt the toddler he sodomized. The rapist didn't commit an act of violence. The child rapist didn't callously disregard the three year old he anally raped. At least, that's what Judge M. Marc Kelly of Orange County Superior Court in California would have you believe.
On Friday, April 3rd, 2015, Judge Kelly used his judicial discretion to sentence convicted rapist Kevin Jonas Rojano to 10 years in prison for sodomizing a 3 year old female child. That is 15 years *less* than the mandatory minimum sentence for such a crime. He stated that imposing the mandatory sentence would amount to "cruel and unusual punishment" for Rojano.
Judge Kelly felt that this particular child rapist deserved less of a sentence than other child rapists get. He is quoted as saying this: "Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child." He further stated, "there was no violence or callous disregard for (the victim's) well-being."
Judge Kelly continued, "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."
Judge Kelly further showed empathy with the rapist in this case by stating, "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." He added that the rapist "almost immediately" stopped his actions and "realized the wrongfulness of his act."
Judge Kelly made these remarks knowing the 3 year old girl suffered tissue injuries to her anus as a result of the sodomy she endured. He also made these comments knowing Rojano covered the little girl's mouth to remain undetected while her mother frantically looked for her.
... Something must be done ...
Despite Judge Kelly's statements, *any* rape is violent, and imposing such a light sentence on the perpetrator of this violent act is itself a callous disregard for the victim.
Despite Judge Kelly's statements, the sodomy of a 3 year old girl is predatory, brutal, and violent in its very nature, and any circumstances surrounding the action do not change this fact.
Despite Judge Kelly's statements, "almost immediately" stopping is little too late for the helpless victim, who was raped the moment she was penetrated by Rojano.
Judge Kelly's statements are nothing short of reprehensible. It is clear that Judge Kelly's empathy towards the perpetrator of this horrific crime has clouded his judgment.
Mandatory minimum sentences are created for crimes deemed so heinous that any sentence less than the mandatory would be unjust. Judge Kelly has taken it upon himself to impose a sentence that is just that: unjust.
I call on Judge Kelly to do the right thing and step down from his official position OR FACE A RECALL.
I call on the State of California Commission on Judicial Performance to open an official inquiry into Judge Kelly's actions to determine what discipline may be necessary in light of his words and in light of the unjust sentence he imposed in this case.
What Judge Kelly has done has severely and permanently damaged any public trust in him. It calls into question whether he can impose any future judgments fairly, and it calls into question his past judgments.
[Update] Some Change.org readers have noted that this isn't the first time Judge Kelly has handed down a lenient sentence for a sex offense. In the prior instance, a California Highway Patrol officer was handed probation. (See http://www.ocweekly.com/2010-03-25/news/moxley-confidential-chp-stephen-deck/)
[Update] The US District Attorney's Office in Santa Ana, California has officially appealed the case!
[Update] An official recall effort is underway in Orange County, California. Go to http://www.recalljudgemarckelly.com. There you can sign up to get a petition if you are an Orange County resident. You can also download a copy of Judge Kelly's sentencing analysis. You can also donate money towards the recall effort. This is unfortunately an expensive process and funding is critical.
I call on YOU, Change.org readers, to let Judge Kelly and those responsible for his oversight know what you feel about his decision and his remarks.
Letters may be sent to:
Judge Michael Marc Kelly, Orange County Superior Court, Central Justice Center, 10th Floor, Dept. C39,700 Civic Center Drive West, Santa Ana, CA 92701 (Phone: 657-622-5239)
Presiding Judge, 4050 Main Street, Riverside, CA 92501
The Commission on Judicial Performance, 455 Golden Gate Ave., Suite 14400, San Francisco, CA 94102-3660, (Phone: 415-557-1200)
Kamala Harris, Attorney General, California Department of Justice, P.O. Box 944255, Sacramento, CA 94244-2550
A Facebook page has also been setup in support of removing Judge M. Marc Kelly from the bench: https://www.facebook.com/removejudgekellyfromthebench
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