In December, Kelly reduced the sentence of Kevin Rojano-Nieto’s to 10 years in state prison. The 20-year-old was convicted of sodomizing a 3-year-old girl. Kelly called the mandatory minimum sentence of 25 to life “cruel and unusual.”
The Orange County, California Board of Supervisors has formally demanded the resignation of Superior Court Judge M. Marc Kelly after his decision to give less than half the mandatory sentence to a man who sexually assaulted a 3-year-old girl.
Rapist: Kevin Jonas Rojano-Nieto guilty of rapping a 3-year-old girl.
Judge Kelly said that he was sure that although Rojano-Nieto had sodomized the little girl and covered her mouth so she couldn’t scream out, but ‘there was no violence or callous disregard for the victim’s well-being.’
Judge Kelly went on to say that Rojano-Nieto, had ‘inexplicably became sexually aroused, but did not appear to consciously intend to harm the victim.’
ABC 7 reported that the board adopted a resolution Tuesday to “formally rebuke, censure and demand the resignation of Judge Kelly from the Orange County Superior Court.”
Superior Court Judge M. Marc Kelly