A 19-year old man rapes and sodomizes a 3-year old girl and covers her mouth from behind so that her mom can’t hear her screams. The little girl later complains to her mom of pain in her rectum. This unspeakable sexual and physical assault was done in the girl’s own home – in the garage – and she is the assailant’s half-sister.
The mandatory sentence for this criminal act is 25 years to life, but the father wrote a letter to the judge asking for leniency in his sentencing. He explained about the boy’s troubled youth and how he has now turned to God.The judge stated that he was moved by the father’s letter saying it was the most compassionate letter he’s read in a long time.The judge instead sentenced the man to 10 years in prison. Instead of following State of California mandated sentencing guidelines, Superior Court Judge, M. Marc Kelly, cited constitutional grounds, specifically the 8th amendment, that outlaws ‘cruel and unusual punishment’ in the U.S.
When I first heard this story, it set off a series of triggers and flashbacks. I was angry and outraged at the callous disregard both for the law and the victim. True, the mother of the defendant is also the mother of the victim and this adds a new layer of complexity; I understand that. I also understand that it puts the mother in a tough moral dilemma.
And that’s one of the problems as I see it. All too often when a child is molested and/or sexually abused by an uncle or half-brother or other family member, the mother of the child (usually a girl) turns a blind eye rather than confront the perpetrator head on.
So who speaks for the child? Who speaks for the victim in this case? The judge in his ruling said, “There was no violence or callous disregard for her wellbeing.” Really? The rape and sodomy of anyone is a lewd and violent act in and of itself; and California has special statutes for the rape of anyone under 10, and she was 3. She even complained of pain afterwards to her mother. What about the psychological and emotional pain suffered? The judge said, “She seemed like a happy, healthy little girl.”
Also disturbing are the judge’s comments about the assailant; “(He’s) unlikely to be a threat in the future.” Really? This is a troubled man who cannot control his sexual impulses. This is a man who sexually raped and violated a 3-year old girl while his mother was in the main house.
There is a vigorous recall movement to remove the judge from the bench if he does not resign. All five Orange County Supervisors have asked the judge to resign including Chairman-Supervisor; Todd Spitzer along with crime victim advocates and other community leaders. A total of 90,000 plus signatures are needed to have the judge recalled.
Chairman-Supervisor Todd Spitzer said, “Judges are not supposed to legislate from the bench which is what happened here.” In my opinion, this judge had a serious lapse in judgement and a callous disregard for the victim – a 3-year old girl.
PW
Patricia Wenskunas
Remove Judge M. Marc Kelly from the Bench
Use this link to go to the new web page.
www.recalljudgemarckelly.com
There you can read the Judge’s Sentencing Analysis for yourself.
Also, please…donate, donate to help us remove this judge. This recall is going to cost well over $250,000 (non-administrative costs associated with signature collection, advertising, and material costs). PLEASE DONATE…$5, $10, or even $100, it all goes a LONG way to helping us achieve this goal.
This man has made over $155K per year for years, he can outspend us! Help us force this man off the bench.
LET ALL JUDGES KNOW, THERE IS NO LENIENCY FOR CHILD RAPISTS!
