New child pornography charges are being pursued
Back in March, two illegal alien teens were charged with raping and sodomizing a 14-year-old girl in a high school bathroom. After conducting an investigation into the case, prosecutors have dropped rape charges against the illegals; they are still facing child porn charges, however.
The Baltimore Sun reported at the time:
The two teenagers accused of raping a ninth-grader at Rockville High School last week were among tens of thousands of young people who crossed the U.S.-Mexico border illegally in 2016.
. . . . But after time in federal custody, each was allowed to join relatives in Maryland, two more individuals in a backlogged, secretive immigration system who would put down roots in this country long before their first day in court.
Last Thursday, Montano, 17, and Sanchez Milian, 18, allegedly took turns raping a 14-year-old girl in a high school bathroom.
The two illegal aliens were enrolled in the public school and were not considered a high priority for deportation because they had neither criminal records nor gang affiliations.
The Baltimore Sun continued:
The teens enrolled in public schools, which are required by federal law to admit them. School officials said they were in a special program for students who don’t speak English. They were not in classes with the alleged victim.
. . . . Border agents had given the teens notices to appear in immigration court. But Immigration and Customs Enforcement, which initiates deportation proceedings in immigration courts, never filed charges against Sanchez Milian, a court spokeswoman said. ICE officials said Wednesday that the teen was not a priority for deportation because he had no criminal record and “no known gang affiliations.”
ICE officials would not comment on Montano’s deportation case because he is a minor. He has been charged as an adult in the rape case.
Sanchez Milian and Montano are being held without bail bond. Each is charged with one count of first-degree rape and two counts of first-degree sex offense. Prosecutors say the girl was forced into a boys’ bathroom and raped as she cried out in pain and told them repeatedly to stop.
The initial details of the attack as reported in the probable cause document are heart-wrenching.
The probable cause document described the assault in extremely graphic detail, recounting how the alleged victim grabbed onto a sink to avoid being forced into a stall, but the two suspects shoved her inside.
Once in the stall, the document stated that Montano allegedly opened the girl’s top and ‘pulled her breasts out to play with,’ then unbuckled her pants and pulled them down.
The two teenagers then allegedly proceeded to take turns holding down the young girl while forcing her to perform oral sex on them and raping her both vaginally and anally on the toilet multiple times while communicating with one another in Spanish.
Throughout the ordeal, the document stated, the victim screamed out in pain and repeatedly told her friend Montano, and Sanchez-Milian to stop.
After the attack, police said Sanchez-Milian covered the victim’s head with his coat and led her out of the bathroom as Montano ordered her to be quiet.
The freshman girl immediately reported the assault to school administrators and law enforcement officials were summoned to the scene to investigate.
The defense challenged the prosecution’s position that the acts were non-consensual, and following an investigation, prosecutors have decided to drop the rape and first-degree sex offense charges.
An attorney for the defense appeared on Tucker in March alleging that the acts were consensual.
The defense further argued that the alleged victim had not “run immediately to some sort of security officer.”
Defense attorneys had said that the sexual encounter between the defendants and the 14-year-old girl was consensual.
“There were no scratches, no bruises. There was no hitting, there was no screaming, there was no running immediately to some sort of security officer,” Sanchez-Milian’s attorney Andrew Jezic said at the time.
According to prosecutors, the charges could not be substantiated due to “substantial inconsistencies” from witnesses.
After a court hearing Friday morning, prosecutors said they will drop the sex assault case against Henry Sanchez Milian, 18, and Jose Montano, 17, who was ordered released from custody.
Montgomery County State’s Attorney John McCarthy said at a press conference that “the original charges cannot be sustained and prosecution is untenable” because of “substantial inconsistencies” from witnesses.
McCarthy, who was joined by the county’s top leaders, said the decision to dismiss the charges followed an extensive investigation that included additional interviews and a review of medical records, school security videos, and phone and computer records.
Prosecutors, however, are pursuing charges of distribution and possession of child pornography; the defense argues that the laws against child pornography are intended for adults.
The Washington Post continues:
Even as prosecutors moved to dismiss the rape cases, they are pursuing separate child pornography charges related to images discovered during the course of the investigation, according to court records and defense attorneys.
Jezic called such charges “selective prosecution of elective promiscuity,” adding that “it is hardly uncommon behavior for teenagers.”
The child pornography allegations, Jezic said, involved lewd images on Sanchez Milian’s cellphone, which Jezic said had been sent by the girl to Montano who forwarded them to Sanchez Milian.
Montano’s attorney Maria Mena said prosecutors told her Montano would be charged in juvenile court with two counts each of possession and distribution of child pornography.
She said prosecutors “did the right thing” by dropping the most serious charges, but called the subsequent child pornography charges a “gross misapplication” of a law intended to go after adults.
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