Father Leading Crusade To Have Judge Taken Off Bench After Lightened Sentence For Man Who Raped Girl, 3
SANTA ANA (CBSLA.com) — A local father is leading the crusade to have an Orange County judge removed from the bench.
Judge M. Marc Kelly sparked outrage when he reduced the sentence of a man convicted of raping a 3-year-old girl. In his ruling, Kelly said "the man has not meant to harm the little girl."
Bryan Scott was outraged and launched a Facebook campaign to have him removed.
"Why is this person allowed to sit on this bench and make these rulings?" Scott asked KCAL9's Stacey Butler.
"We put him there, and if we put him there, someone has to step up and say he needs to be removed from the bench," Scott said.
In 48 hours, the Facebook page has garnered 6,000 likes.
Butler said court documents reveal why Kelly, an Orange County Superior Court judge, decided to reduce Kevin Rojano's sentence to 10 years.
Rojano was charged with sodomizing a female family member last summer.
Orange County D.A. Tony Rackauckas said he will appeal the decision.
RELATED STORY: OC DA To Appeal Lightened Sentence For Man Judge Said Didn't Mean To Rape 3-Year-Old Girl
"The judge has handed down a sentence in this case that in my view is an illegal sentence. This crime carries a mandatory minimum sentence of 25 to life," Rackauckas said.
According to court documents obtained by KCAL9, the judge said he thought the maximum sentence was "cruel and unusual punishment."
"The facts don't support there was any violence or callous disregard for the victim's well being," he wrote.
"For him to dismiss it -- wasn't a violent act? Of course it was. It was rape," says Scott.
At the sentencing, Kelly said Rojano had showed remorse and the judge defended the reduced sentence suggesting Rojano did not mean to harm the toddler.
"In an instant, he reacted to a sexual urge and stopped almost immediately," Kelly wrote.
When the 3-year-old took the stand and testified, the judge said she appeared happy and healthy.
"It doesn't appear she suffered any serious violent physical injuries, and by all accounts, she appears headed for a normal life," the judge wrote.
Butler said she made several attempts to contact Kelly for a comment but her calls were not returned.