Top O.C. Defender Backs Judge in Burning

Orange County’s public defender wrote the state’s top jurist Thursday to say he believes a judge has been unfairly criticized for reducing charges against a father who burned his son’s hand in a gas flame.

Ronald M. George, chief justice of California, called for a review of Judge James O. Perez after the judge was criticized for reducing the case against an Anaheim father to a misdemeanor. The father admitted burning his son for stealing a pack of gum.

Public Defender Carl Holmes, whose office represented the father, said the judge took several factors into consideration. The father, Wellington Soto, realized his actions were wrong and had attended counseling to improve his parenting skills, Holmes said.

“Judge Perez has served with distinction on the bench for over 30 years, and he does not deserve the characterization made of him in the newspapers,” Holmes wrote.

At a hearing last month, Perez said the injured 5-year-old boy “learned a lesson” when his father held his hand over the kitchen stove and turned on the flame. He also said “customs and habits” played a role in his decision. Soto said a parent had burned his hand as a child in Guatemala.

After reducing the case to a misdemeanor--over the objections of a prosecutor--Perez fined the father $100 and placed him on probation. Holmes said it is unfair to criticize the judge for the sentence, which was negotiated by the prosecution and defense.

Perez, 76, the first Spanish-speaking judge in Orange County, retired from the bench in 1987. He is one of hundreds of retired judges the chief justice hires part time to help with the state court caseload.

The presiding judge in Orange County is preparing a review of Perez for the chief justice to review.