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Politics : Formerly About Advanced Micro Devices

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To: J_F_Shepard who wrote (848570)	4/8/2015 6:29:10 PM
From: joseffy	3 Recommendations Read Replies (1) of 1576346

Minimum sentence for California rapist too 'cruel,' rules judge ................................................................. NY Daily News ^ \| 4/8/15 \| DOYLE MURPHY Orange County Superior Court Judge M. Marc Kelly claimed it would be cruel and unusual punishment to sentence a child rapist to the California state minimum of 25 years in prison. A California judge is under fire for handling a child rapist with kid gloves. Orange County Superior Court Judge M. Marc Kelly sentenced Kevin Jonas Rojano-Nieto to just 10 years in prison — less than half the 25-year minimum — for sodomizing a 3-year-old relative. The 20-year-old creep locked the little girl inside the family’s garage with him, and then covered her mouth when he heard her mother coming, City News Service reported. Despite the horrific crime, Kelly sided with Rojano-Nieto on Friday when it came time to dole out prison time. The judge argued it would be “cruel and unusual punishment under the U.S. Constitution” to send the sex criminal away for the state minimum, according to prosecutors. Kelly claimed Rojano-Nieto was different than other perverts who deserve harsh sentences. “However, 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,” Kelly said, according to City News Service. “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.” The judge called the crime “serious and despicable” but somehow concluded it wasn’t like pedophiles who prey on innocent kids. “There was no violence or callous disregard for (the victim’s) well-being,” Kelly said, according to City News Service. (Excerpt) Read more at nydailynews.com ...

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