GUILTY CA - Kevin Rojan-Nieto for raping 3yo girl, Santa Ana, 4 June 2014

[JanetElaine]

Makes you wonder why?? Like maybe judge is one too

Or he's a bleeding heart who wants to give everyone a second chance... how about giving the victim a chance at a normal life instead.... the more support victims get - and support can mean just believing them - the 'better' this kind of experience ends for them, in general. Boo Hoo on the perp having been abused... I know plenty of people unfortunately who have been abused, and none of them would ever rape a toddler.

Ugh I know, preaching to the choir here, but this judge is infuriating!

 

[newone]

this is particularly troublesome to me ((bolded))

''On June 4, 2014, Rojano-Nieto was playing video games in the garage of his home when a 3-year-old girl he is related to wandered into the area.''

http://abc7.com/news/orange-county-...entence-for-man-who-sodomized-toddler/638845/

I can't help but sense there is a '''battle''' royale going on within family members over this one JMO


some very heavy duty ''victim blaming'' and/or ''mother blaming'' and/or perp praise

 

[JeannaT]

There are several issues of concern here, one being that the judge is treating this way you treat animal attacks - that is, I'm sorry, it's in the nature of the animal to attack and the victim animal was not restrained and was in the territory of the attacking animal. As in, I'm sorry about your cat, but it did wander into the dog's fenced back yard. It's to be expected, and the dog is not liable for the damage. He after all, did not go out in your property looking to victimize your cat. Unfortunate.

The second concern is the judge seems to be almost certainly a pedophile himself.

I'm reminded of that divorcing mother who fled to Austin with her two daughters after a judge in California gave her recently convicted sex offender husband (convicted for rape of a small girl) unsupervised visitation with their two daughters, aged around 6 and 7. At first glance it seems there must be more to the story, but there wasn't. Thank God the mother had the courage to flee and throw herself on the mercy of another court system. The judge, in his own defense said, he knew the man was a child rapist but come on, these are his daughters. Nobody rapes their own DAUGHTERS.

Sometimes you wonder how judges get in the position they are in.

 

[JeannaT]

this is particularly troublesome to me ((bolded))

''On June 4, 2014, Rojano-Nieto was playing video games in the garage of his home when a 3-year-old girl he is related to wandered into the area.''

http://abc7.com/news/orange-county-...entence-for-man-who-sodomized-toddler/638845/

I can't help but sense there is a '''battle''' royale going on within family members over this one JMO


some very heavy duty ''victim blaming'' and/or ''mother blaming'' and/or perp praise

I'm not sure there is a "battle" but rather, searing pain. I'm just guessing here, but here's my guess: the young man is the half brother of the girl, sharing the same mother but the 3 year old girl is the daughter of a new partner/husband. OR, I guess alternatively the young man is the son of the father of the 3 year old, but I don't sense that just in reading this at first blush. The fact that the young man returned the child to the mother - I'm seeing the first household dynamic. And that's why you don't have any hew and cry from the family - they're just in raw horrible pain over this whole awful thing.

 

[LinasK]

This is getting some national traction. There is enough outrage. I've posted the article on my Facebook page. I suggest others should do the same. Maybe with enough outcry, this judge can be removed from the bench. This is far worse than anything Judge Stephens did in the Jodi Arias case and people hate her and have called for her removal.

 

[LinasK]

Posted: Apr 09, 2015 10:35 AM PST Updated: Apr 09, 2015 10:37 AM PST
(FOX 11 / CNS) Three Orange County supervisors are expected today to call for the resignation of Superior Court Judge M. Marc Kelly for giving a man who sexually assaulted a 3-year-old girl a sentence less than half the legal minimum.

The judge found that the defendant sodomized the toddler but that it could have been worse.

The mandatory minimum sentence under state law for the sexual assault would have been 25 years to life. However, Kelly ruled it would be cruel and unusual punishment and, therefore, unconstitutional to sentence Kevin Jonas Rojano-Nieto to a life sentence.

Bryan Scott, organizer of an effort to recall Kelly, is scheduled to be joined at an afternoon news conference where Supervisors Todd Spitzer, Shawn Nelson and Lisa Bartlett will call for Kelly's resignation.

Orange County District Attorney Tony Rackauckas told City News Service his office intends to appeal the sentence. more at link: http://wn.ktvu.com/story/28762869/s...f-oc-judge-for-reduced-sex-assault-sentencing

 

[newone]

That was an excellent article but highlighted, by omission, the lack of participation by the parents of the child victim!!

It was indicated that there was support for the defendant by his parents, grandmother etc but there was NO mention at all of the parent(s) of the little girl.

''The defendant's parents requested probation in the case, but Kelly said it was necessary that Rojkano-Nieto be "punished severely for his conduct."

http://wn.ktvu.com/story/28762869/s...f-oc-judge-for-reduced-sex-assault-sentencing

 

[JanetElaine]

That was an excellent article but highlighted, by omission, the lack of participation by the parents of the child victim!!

It was indicated that there was support for the defendant by his parents, grandmother etc but there was NO mention at all of the parent(s) of the little girl.

''The defendant's parents requested probation in the case, but Kelly said it was necessary that Rojkano-Nieto be "punished severely for his conduct."

http://wn.ktvu.com/story/28762869/s...f-oc-judge-for-reduced-sex-assault-sentencing

There's so much I want to say but I'll keep my mouth shut. I don't want a time-out. I'm outraged by this 'judge'.

 

[newone]

There's so much I want to say but I'll keep my mouth shut. I don't want a time-out. I'm outraged by this 'judge'.

I hear you!!

I am just gobsmacked that there was no ''victim's statement''' offered -- defendant's parents want probation but what about the victim's parents!!

No mention of that at all!

Was there a family ''bullying'' involved or as Jeanna T pointed out are they one and the same as the defendant's parent(s)?

 

[MsFacetious]

I'm sorry little girl, your brother failed to protect you and not even your own mother will defend you. :twocents:

http://www.cnn.com/2015/04/09/us/california-judge-sentencing-child-sodomy-recall-effort/index.html

Three county supervisors in California announced Thursday a campaign to recall a judge who sentenced a man to 10 years in prison -- instead of the state mandatory minimum of 25 years -- for sodomizing a 3-year-old girl who is his half-sister.

At the center of the controversy is Orange County Judge M. Marc Kelly who, according to transcripts of a February court proceeding, was moved by the plea for leniency by the mother of the defendant and the victim.

 

[newone]

http://www.cnn.com/2015/04/09/us/cal...ort/index.html

Thanks Ms F for this link -- it answers all of my questions!!

 

[Sweetgrits]

Can child services remove this little girl from the home. This poor child doesn't have a chance if she stays there. I would be willing to be she's already got the speech "I told you not to go to the garage by yourself. Now she what you've done"

God is great, beer is good and people are bat ***** crazy!

 

[newone]

Can child services remove this little girl from the home. This poor child doesn't have a chance if she stays there. I would be willing to be she's already got the speech "I told you not to go to the garage by yourself. Now she what you've done"

God is great, beer is good and people are bat ***** crazy!

You have very accurately expressed my concerns too!! --- never ending guilt trip --- for the sister. She will feel the resentment even if it is ''unexpressed'' -- MOO

The brother was old enough to know better and needs to face up ''as an adult'' -- mother needs to cut the cord ((MOO))

yet another edit to this post ---

10 yr sentence he would be getting out when the victim is a young teen ((13 or 14))

25 yr sentence he would be getting out when victim is an adult and better equipped to deal with his release....

 

[MsFacetious]

Yes, I wish she could be removed from the home...
You can still be there for your son while not abandoning your daughter.
I have an Aunt and a friend who were in this exact situation and managed to support both children emotionally.
They did it without asking for a reduction for the offending sibling. :twocents:

 

[katydid23]

More like the perp couldn't control himself. So that makes it okay in this judge's eyes.

Well, it wasn't the perp's fault that the toddler walked into his garage. Why blame him when it was clearly the 3 yr old's fault?

 

[jjenny]

something in that link ((to me at least)) seems to lend the idea that there is a close 'familial' link ((extended family member?)) w/r/t the victim so am wondering if there was some family pressure KWIM? to alleviate the harsh -- family members/friends putting pressure on the victim's parents??? Just a thought there.

Child is his half sister.
http://www.cnn.com/2015/04/09/us/california-judge-sentencing-child-sodomy-recall-effort/index.html

 

[jjenny]

I'm not sure there is a "battle" but rather, searing pain. I'm just guessing here, but here's my guess: the young man is the half brother of the girl, sharing the same mother but the 3 year old girl is the daughter of a new partner/husband. OR, I guess alternatively the young man is the son of the father of the 3 year old, but I don't sense that just in reading this at first blush. The fact that the young man returned the child to the mother - I'm seeing the first household dynamic. And that's why you don't have any hew and cry from the family - they're just in raw horrible pain over this whole awful thing.

Per cnn, they have the same mother. There is no cry from the family because they (mother) were asking for leniency for the suspect.

"If it was a stranger, the mom would have thrown the book at the guy. The family cares about the perpetrator. It's a family member," Spitzer said. "The victim is related to the perpetrator, and that is what is so difficult here."

http://www.cnn.com/2015/04/09/us/california-judge-sentencing-child-sodomy-recall-effort/index.html

 

[JanetElaine]

You have very accurately expressed my concerns too!! --- never ending guilt trip --- for the sister. She will feel the resentment even if it is ''unexpressed'' -- MOO

The brother was old enough to know better and needs to face up ''as an adult'' -- mother needs to cut the cord ((MOO))

(snip)

It's despicable. She can still stand by her son without sweeping things under the rug (which she is more than likely doing) and without helping him dodge the consequences of what he's done. This little girl will always carry this with her. No, she won't forget because "she's only 3". This guy changed her for life. It's only he fair he'd get the same. It is after all the mandatory sentence.

ETA: and the mom trying to minimize what was done to the girl (because that is what she's doing by asking for leniency for the perp) is only going to make things worse for her. It is so incredibly damaging when someone, especially a child, is a victim, proven no less, and people act like it wasn't that bad, or like nothing happened at all, or even worse - blame the victim.

 

[Lyra500]

It says in one of the articles that she is related to him and wandered into his garage where he was playing videogames. He then shut and locked the garage. The girl's mom was frantically searching for her. When she tried the garage door, the perp stopped raping her and held his hand over the girl's mouth to keep her from screaming. Then when the mom moved on to look for her, he had the girl 'fondle' him.



Somebody needs to do something about this judge. This can't be legal.

Well this isn't the first time this judge has been very lenient with a paedophile and come up with all sorts of pathetic extenuating circumstances. Makes you wonder why the judge seems to be so kindly disposed towards these people. Disgusting.

 

[Hoosgirl]

Per cnn, they have the same mother. There is no cry from the family because they (mother) were asking for leniency for the suspect.

"If it was a stranger, the mom would have thrown the book at the guy. The family cares about the perpetrator. It's a family member," Spitzer said. "The victim is related to the perpetrator, and that is what is so difficult here."

http://www.cnn.com/2015/04/09/us/california-judge-sentencing-child-sodomy-recall-effort/index.html

It's not just the judge! According to the defense attorney in this article, an independently appointed psychologist said that the perpetrator is not a pedophile, sexual deviant or sexually violent predator. What??