Judge’s decision to sentence Kevin Jonas Rojano-Nieto to only ten years, not twenty-five, for sexual assault charge is overturned.
A decision made in the District Court of Appeal in California last week overturned an order imposed by Orange County Superior Court Judge M. Marc Kelly to sentence a convicted predator to prison for ten years on sexual assault charges. The judge had ignored the mandatory minimum of 25 years, under Jessica’s Law of 2006. The decision made in the appeals court will allow the case to be retried for a considerably longer sentence.
Judge Kelly had ruled in April 2015 that imposing a 25 year sentence on defendant Kevin Jonas Rojano-Nieto would be cruel and unusual punishment, unconstitutional, and therefore, chose to pursue a lesser sentence of 10 years for sexual assault. The judge also stated that 19 year old Rojano-Neito did not in fact intend to harm the 3 year old girl who he sodomized. His actions were involuntary and he stopped sodomizing her as soon as he realized what he was doing was wrong. Kelly noted the offense was “serious and despicable” but dissimilar to a classic pedophile who understands what he’s doing is wrong and continues anyway. He went on to say that there was “no violence or callous disregard” for Rojano-Neito’s victim and the girl did not suffer any “serious violent injuries”.
After the incident, the girl returned home to tell mother what had happened. She had evidently wandered into Rojano-Neito’s garage, where the teenager was playing video games. When Rojano-Neito noticed her, he began to sodomize the girl until something inside of him “just clicked”, he realized it was wrong and stopped. The girl’s mother, in turn, took her daughter to the hospital for a sexual assault evaluation, which determined she had indeed been sodomized.
Rojano-Neito, who was arrested later that day, confessed, saying the act hadn’t lasted longer than five seconds. Although, this certainly cannot be proven. It’s his word against a three year old’s. Rojano-Neito’s attorney applauded Judge Kelly’s decision to sentence his client to only ten years for sexual assault, commending him for carefully considering what he claims are the facts of the case.
Okay, what is wrong with this picture? In what world can Rojano-Neito’s actions be seen as unintentional or excusable? The Judge’s decision rightfully led to a national outcry. A grassroots movement to repeal the decision, which was led by the victim’s advocates, ensued.
Orange County Deputy District Attorney Matt Lockhart argued the case before the appeals court in San Diego last month. The court, led by a panel of three judges, completely disagreed with Kelly’s assessment, stating, “Put simply, a sex offense against a small child is a grave offense because of the vulnerable nature of the victim and the risk of psychological harm to the child, regardless of any associated physical injury.” The panel continued, “Therefore Jane Doe’s limited physical injuries and the absence of a violent physical attack are not significant to our assessment of the serious nature of Rojano’s offense.” What’s more, the court found the 25 year minimum to be constitutionally permissible, and went on to declare that Rojano-Neito in fact committed “a grave and serious offense.” Lockhart was pleased with the court’s decision.
Sources:
Resentencing ordered in controversial child sodomy case that led to efforts to recall judge
Orange County judge’s sentence for sex assault of 3-year-old too lenient, appeals court says
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