A Superior Court judge in Orange County, California has cut the life sentence of a convicted child rapist because he said the man did not mean to hurt the child.
Judge M. Marc Kelly, in what has to be one of the most mystifying turns ever by a judge, cut the time from the sentence of?Kevin Rojano, and he did so, he said, because to sentence Rojano to the maximum called for under the law would amount to cruel and unusual punishment. The judge also ruled that Rojano lacked:
?(C)allous disregard for (the victim?s) well-being.”
Rojano was accused of sexually assaulting a 3-year-old relative who wandered into the garage of his home while he was playing video games. Police investigators said Rojano became sexually aroused by the child and sodomized her while covering the girl’s mouth so she couldn’t yell for help. Rojano was convicted of sodomizing a child younger than 10 and lascivious acts with a minor. He was initially sentenced to 25 years to life in prison.
Further compounding the horrible nature of Rojano’s crime was the fact that the child’s mother, who was looking for the little girl, could not find her because Rojano had locked the garage door. The mother had no idea the assault had taken place until the 3-year-old began to complain of pain.
But Judge Kelly, in his ruling, saw the crime much differently than the facts would suggest. Kelly said:
?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. Mr. 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.?
Kelly also had the audacity to declare in his ruling:
?Although serious and despicable, this does not compare to a situation where a pedophilic child predator preys on an innocent child. There was no violence or callous disregard for (the victim?s) well-being.?
Orange County prosecutors say they will very likely appeal Judge Kelly’s controversial ruling.
