Kevin Rojano of California received a 25-year-to-life sentence for sodomizing a child younger than 10 and lewd or lascivious acts with a minor. Last week, a judge cut Rojano’s sentence by 15 years, saying that the convicted man didn’t intend any harm.
What can only be described as odd and disturbing, Orange County Superior Court Judge M. Marc Kelly said such an initial sentence of life is cruel and unusual punishment because Rojano, who is 20-years-old, didn’t possess “callous disregard for (the victim’s) well-being.”
“In looking at the facts of Mr. Rojano’s case, the manner in which this offense was committed is not typical of a predatory, violent brutal sodomy of a child case,” said Judge Kelly. “Rojano 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.”
This instance is odd, to say the least. And it’s infuriating to say the most.
Prosecutors rightfully disagreed with the judge’s decision to lighten Rojano’s sentence and said they will appeal the sentence.
The decision also created a public uproar calling for Judge Kelly’s resignation from the bench. Multiple Facebook pages and online petitions have been created to push Kelly to apologize.
“Judge Kelly’s statements are nothing short of reprehensible,” said Sara Flores of Chicago. “It is clear that Judge Kelly’s empathy towards the perpetrator of this horrific crime has clouded his judgement.”
