Saturday, April 11, 2015
Orange County, California Judge M. Marc Kelly Has Entered Judicial Purgatory.
Judge M. Mark Kelly was appointed to the Orange County Superior Court by Governor Gray Davis in 2000, after serving 12 years as an Assistant district Attorney in Orange County. Judge Kelly’s judgeship ended on April 3, 2015. He just doesn’t realize it yet. He sentenced a child rapist on April 3 to ten years in prison, 15 years below the statutory of 25 years to life, and then issued his opinion which has inflamed public opinion. The victim was three years old when she walked into 20 year-old Kevin Rojano-Nieto’s garage. The judge’s opinion said Kevin “inexplicably became sexually aroused, but did not appear to consciously intend to harm [her] when he sexually assaulted her.” Her mother was calling for her so Kevin put his hand over her mouth to silent her screams as he sodomized her. However, the Judge explained “There was no violence or disregard for the victim’s well-being.” The defendant sodomized the three year old girl. Isn’t that violence enough? Judge Kelly ruled that 25 years was cruel and unusual punishment under the circumstances. He explained that the defendant was a first-time offender rather than a long-time predator. While the crime was “serious and despicable,” the judge continued “it does not compare to a situation where a pedophile prays on an innocent child …. Because he did not seek out or stalk the victim.” Judge Kelly also relied on the testimony of a psychologist who said the defendant had a low risk of repetition. Outrage over the judge’s decision erupted on the internet. A petition asking the judge to step down from the bench has over 72,000 signatures. A Facebook page seeking his removal has over 17,000 “likes.” KFI’s Ken and John are burning the airwaves in promoting a recall campaign against Judge Kelly. The local newspapers and TV stations have aired the uproar over the Judge. A press conference was held last Thursday. Three of Orange County’s Supervisors appeared advocating his removal and extending their support for a recall. A formal recall drive will commence when the papers are issued. About 90,000 valid signatures within 160 days are needed to place the recall on the ballot. John and Ken will publicize the formal recall when it commences. Judge Kelly has not generally been regarded as a bad judge, but he is now. Did you know that April is National Child Abuse Prevention Month? Apparently neither did Judge Kelly.