County leaders call for judge to quit over sodomy sentence

AP News
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Posted: Apr 09, 2015 8:49 PM

SANTA ANA, Calif. (AP) — Three of five Orange County supervisors are calling on a judge to resign after he gave a shorter-than-standard sentence to a man who sodomized a 3-year-old girl.

The trio also said Thursday that they will back a recall campaign for Superior Court Judge M. Marc Kelly unless he steps down.

In his ruling last week, Kelly drew a distinction between a sexual predator and Kevin Rojano-Nieto, saying the Santa Ana man acted on impulse when he attacked a relative, had no prior criminal history and was remorseful.

He said the girl's parents had asked for leniency.

Kelly gave Rojano-Nieto 10 years, ruling that the mandatory minimum sentence of 25 years to life would be cruel and unusual punishment.

The district attorney says Kelly's decision was illegal, and he'll appeal it.