Last year, 20 year old Kevin Jonas Rojano-Nieto was in the garage of a family home playing video games when a 3 year old female relative entered the garage. Nieto reportedly became sexually aroused and pulled the girl’s pants down. He forcibly made the girl fondle his own genitals before sodomizing the young girl. When she began to scream in pain and for help, Nieto placed his hand over her mouth to silence her.
The young girl later complained to her mom that she was hurting and then proceeded to tell her mom what happened. The mom called the police and investigation was immediately launched. Upon examination, physical evidence of the sexual attack was clearly visible and Nieto was arrested.
In December, Nieto was found guilty of raping the 3 year old girl. According to California state law, the crime requires a mandatory 25 year sentence. However, Orange County Superior Court Judge M. Marc Kelly took it upon himself to reduce Nieto’s sentence to only 10 years.
Kelly stated that he felt the mandatory sentence was ‘cruel and unusual punishment.’ The judge also stated that Nieto ‘inexplicably became sexually aroused but did not appear to consciously intend to harm the victim,’ and ‘although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child.’
Judge Kelly’s actions have promoted a large public outcry with many calling for his immediate removal from the bench. Deputy District Attorney Whitney Bokosky completely disagrees with Judge Kelly’s reasons for reducing Nieto’s sentence and she has made it known that she is appealing Kelly’s decision.
If I was the judge in Nieto’s case I would probably also be removed from bench for ordering Nieto to be surgically altered to make it impossible for him to ever rape anyone again. Does the term ‘eunuch’ ring a bell? He destroyed this little girl’s life and she will live with this for the rest of her life. As long as his young victim is alive, Nieto should never set foot outside of prison.
As for Judge Kelly’s actions, it outrages me that judges in America today believe that they have the authority to change laws and not enforce others. They also believe that individually they have the right to overturn the votes of the majority of voters. But when you look at the example they have living in the White House, it shouldn’t be that much of a surprise.
Judge M. Marc Kelly should not only be removed from his seat on the bench, he should be disbarred and forbid from practicing law ever again.