On April 27th, I posted a blog about a Superior Court Judge, M. Marc Kelley, who decided to circumvent California State sentencing guidelines in a case involving the rape and sodomy of a 3-year old girl. The mandatory sentence for the rape of any child under 10 years old in California is 25 years. The judge reduced the sentence to 10 years.

I joined ranks with Bryan Scott, Founder & Chairman of the Remove Judge M. Marc Kelly campaign, who is leading this grassroots movement. The public outrage was loud and clear and it was heard not just from politicians but from community leaders, crime victim advocates, and individual citizens.

As Co-Chair of the Committee, I accompanied Scott in serving the Judge on May 1st and rather than meet us personally, he had one of his subordinates meet us instead. We were directed to the General Counsel in the executive offices. We did exactly that and the judge responded the following week.

The judge’s response I feel is arrogant. He stated that our efforts are a waste of $2.3 million in tax-payer money. He said it was an attack on judicial independence. But as Chairman Supervisor Todd Spitzer said, judges should not be legislating from the bench. The truth is that judges don’t live and operate in a vacuum. They too have parameters and the law to abide to. As the judge himself said in his response,   “I was elected by the voters.” Yes, he was elected – to carry out the mandates of the people of the State of California.

Not everyone agrees with our actions.

A longtime supporter of CSI and someone I respect came up to me and said, “Patricia, I don’t agree with what you’re doing.” I replied, “Ok, so we can agree to disagree.” I went on to say that if we as an organization did not take this action against this judge then we might as well close up shop and find a new line of work. This goes to the core of what we do. And who is going to stick up for the 3-year old girl?

For a Superior Court Judge to say that the rape was not a violent act is a contradiction in terms and quite frankly, insulting to our intelligence. It’s a slap in the face to all rape victims and it’s a slap in the face to Marsy’s law. The judge is not being completely honest with himself nor has he demonstrated sound judgement. He also failed to carry out California Constitutional law.

Now it’s up to the voters to make their voices heard and sign the petition asking for Superior Court Judge M. Marc Kelley to step down from the bench. Please help us with your signature.

With Faith, there is Hope…

P.W.
Patricia Wenskunas

Misguided Justice
 http://passionforhope.com/blog/misguided-justice/

Remove Judge M. Marc Kelly from the Bench

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