Prosecutor appeals sentence for man who sodomized 3-year-old

[alp227]

Source: AP

SANTA ANA, Calif. (AP) —The Orange County district attorney has appealed a judge's decision to give less than half the mandatory sentence to a man who sodomized a 3-year-old girl.

Tony Rackauckas announced the appeal Thursday. The district attorney has said he believes the April 3 ruling by Superior Court Judge M. Marc Kelly was illegal.

Kelly gave Kevin Rojano-Nieto 10 years instead 25 years to life, ruling the mandatory sentence was unconstitutional cruel and unusual punishment.

Kelly said a court-ordered examination concluded Rojano-Nieto wasn't a sexual predator and acted on impulse when he attacked a relative. He also said the girl's parents had asked for leniency.

Read more: http://bigstory.ap.org/article/0a454b48d899497f8aae4eb3b5a25719/prosecutor-appeals-sentence-man-who-sodomized-3-year-old

[Quackers]

1. K&R

We can't let this slip through the cracks.

[Arugula Latte]

2. Links: a petition to get the sicko judge to step down and a Facebook page:

https://www.change.org/p/judge-says-child-rapist-didn-t-mean-to-hurt-the-3-year-old-toddler-he-sodomized

https://www.facebook.com/removejudgekellyfromthebench

[840high]

10. Thanks.

[JimDandy]

3. Mandatory sentencing needs to be challenged

Don't know if this is a good case to take it on, though. Emotions run high on sexual assaults/rapes of kids and in this case, although the perpetrator is a low functioning young man, the judge added to the 'no-sympathy' problem by badly wording his reasons for not following the mandatory sentencing laws.

Crimes committed by mentally disabled/low functioning individuals, like this perpetrator, are one of the reasons why we need flexibility in sentencing.

[Jack Rabbit]

13. Where was this prosecutor when a man was given 25 to life for stealing a slice of pizza?

I agree that mandatory sentencing needs to be challenged, but not over a case like this. Twenty-five to life almost seems lenient for a man who would sodomize a three-year-old.

The case of which I speak was from the early days of the three strikes legislation, a piece of crap from the demagogue Pete Wilson. Naturally the man on the short end of the justice systm was a black male. Wilson probably would have been happier if the man was Hispanic.

[customerserviceguy]

15. Gee, imagine that

"Emotions run high on sexual assaults/rapes of kids..." Wonder why???

That's as far as I'm going to go on this thread, I got myself locked out of a previous thread on this topic when I expressed my true feelings about what should happen to the perp.

[Evergreen Emerald]

22. One of the reasons for mandatory sentencing...

One of the reasons for mandatory sentencing was the disparate treatment given to some (mostly minorities) when the judges had more discretion. The mandatory sentencing constructs may need some work, but I do not believe in giving judges authority without some parameters.

[irisblue]

4. good

[YOHABLO]

5. A 3 year old. Really? This man should be in intensive therapy. Not in jail.

[Chan790]

9. Do you think the fact that the victim was 3 years old makes the perpetrator less of a pedophile...

or less of a criminal? Being a pedophile (someone attracted to children) isn't a crime but being a rapist or child-molester is.

No, he does not belong in intensive therapy. Intensive therapy for pedophiles and ephebophiles is for people who recognize their feelings are problematic and want help to act on them...not for criminals who are seeking leniency after the fact.

[840high]

11. Most certainly don't agree.

[snooper2]

19. no, he is a rabid human and should be put down

[prayin4rain]

21. What? ? Raping toddlers doesn't deserve prison time?

Wtf? YOU need therapy.

[NickB79]

23. He should be in both

He should receive intensive therapy while IN PRISON for the inevitable day he's released.

[Yo_Mama]

24. That's the strategy that worked so WELL for pedophile priests!! Gee, what a great idea!

Oh, wait a minute. ...

Reality check. MAJOR FAIL.

[cstanleytech]

6. Was the sentence reduced to just 10 years or is it 10 to life where he needs a parole board to sign

off on any release?

[Chan790]

7. 10 years. Not 10 to life. n/t

[cstanleytech]

12. *whistle* I might understand a 10 to life because it would still take a parole board to grant him

parole but just 10 years doesnt make sense imo.

[Yo_Mama]

25. Ten years and he'll be out in 5 or 6 years.

I'd call it one hell of a bad idea.

[Geronimoe]

8. WTF?

The Judge thinks sodomy of a three year isn't sexual predatory. Well then what is it?

Sounds like the Judge is off his rocker or has some serious mental issues.

[Grins]

18. "(The judge) said the girl's parents had asked for leniency."

&quot The judge) said the girl's parents had asked for leniency."

Explain that one.

[LisaL]

20. The perp is half brother to the girl.

So his mother and the girl's mother is one and the same person.
Which is presumably why she asked for leniency for her son who sodomized her daughter.

[Yo_Mama]

26. He only sodomized his sister so it doesn't count.

According to the judge, he didn't mean to harm her.

That's why people think the judge has more than one screw loose.

[Jackpine Radical]

28. "Sexual predator" is in this instance a legal term,

and essentially relates to actuarial predictions of his likelihood of recidivism. Within the definition used by the court, although the offense might certainly be described as sexual predation, the perpetrator may well not meet the legal criteria for being a "sexually violent person."

While most people may not believe this, the sex-offense recidivism rate for this type of offender is about 5%.

[proverbialwisdom]

14. Googled the defendant's name and these popped up.

http://blogs.ocweekly.com/navelgazing/2015/04/tony_rackauckas.php
http://blogs.ocweekly.com/navelgazing/2015/03/scott_dekraai_seal_beach_salon_murder_tony_rackauckas_district_attorney.php

[billhicks76]

16. Bribed Judge?

[Nihil]

17. Maybe he gets to keep the pictures "for private study & contemplation"?

[pansypoo53219]

27. WTF is wrong w/ those parents?