Citizens Demand Removal of Judge Who Reduced Sentence for Child Rapist The judge said the rapist didn’t “intend to harm” the toddler, a 3-year-old girl who was sodomized.

Photo: Orange County Superior Court Judge M. Marc Kelly. Credit: Remove Judge M. Marc Kelly from the Bench Facebook page.

Orange County residents furious over the leniency handed to a rapist who sodomized a 3-year-old girl, have begun multiple petition drives aimed at having the sentencing judge removed from the bench.

The furor began as soon as Orange County Superior Court Judge M. Marc Kelly decided that the “mandatory minimum” sentence of 25 years for Kevin Jonas Rojano, who was was convicted by a jury on Dec. 3, was too severe. The judge said 10 years would do.

“There was no violence or callous disregard for (the victim’s) well-being,” Kelly said during the sentencing, explaining that 25 years would be cruel and unusual punishment, making such punishment unconstitutional.

“... The manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case,” Kelly said. “Mr. Roiano 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.”

Kelly declined to comment on the recall effort via a court spokeswoman, citing the cannon of judicial ethics as prohibiting him from comment.

The rapist was arrested after the discovery that the 3-year-old’s anus had been torn from an attack. The child complained about pain in her bottom, and that’s when the mother noticed it was torn, said Deputy District Attorney Whitney Bokosky.

“The molestation of a child is a crime of opportunity,” Mary Ann Bird, a criminal defense attorney based in Stockton, said. “Clearly, when the 3-year-old child wandered into the garage, the opportunity presented itself and he took advantage of it.”

• READ DETAILS OF THE CASE HERE Judge Shaves 10-Years from Mandatory Sentence, Noting Rapist of 3-Year-Old Didn’t ‘Intend Harm’

Public outcry over the sentence has been fierce.

One Patch reader commented, “I suppose tearing her anus and covering her mouth to muffle her screams doesn’t count as violence or callousness?!? The man clearly knew what he was doing was wrong because he locked the door and tried to hide the crime while he was raping the 3 year old child. I do not care how you were raised, everyone should realize that having sex with a toddler is wrong.”

Another reader said, “This judge seems to have a soft place in his heart for men who rape little children.”

While another said, “I’m so disgusted! This judge needs to be removed from his seat immediately!”

“Mandatory minimum” sentences most often are not mandatory at all, leaving avenues for judges to use their own discretion to deviate from handing down the harshest penalties. 

That doesn’t mean that judges are immune from consequences.

Enough people agreed that multiple efforts have emerged to have Kelly removed from the bench.

The Secretary of State’s office reports that no formal recall efforts are currently underway. The procedure to launch an official recall is posted online, at Chapter III — Recall of Local Officers.

A Facebook page was created to mobilize efforts.

A Change.org petition was created on April 6 by a Chicago resident and is getting support from across the nation.

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)
• Judge Glenda Sanders, Presiding Judge, 700 Civic Center Drive West, Santa Ana, CA 92701 (Phone: 657-622-5201)
• 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

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