Lawyer; Rockville rape was actually consensual sex
Last night, David Moyse, the attorney for Henry Sanchez-Milian, an 18-year-old illegal immigrant charged with the rape of a 14-year-old high school freshman in a Rockville, Maryland high school, says that he plans to defend his client in court by claiming the sexual act was consensual, according to Fox News;
[Tucker] Carlson said the assertion sounds “insane.” Moyse agreed that it seems “horrible” that it would happen in a school, but that doesn’t mean it was “forced” or illegal.
Carlson said that is “in effect, an attack on this girl who told authorities that she was raped.”
“Is your argument going to be that she invited sex with two men in a bathroom at a high school in the middle of the day and then lied that it was rape?” he asked.
Moyse said he cannot discuss the details, but that he believes more evidence will come out beyond “the initial sensational headlines.”
I wasn’t aware that a fourteen-year-old could legally give her consent to an 18-year-old.
Meanwhile, Katie Pavlich reports that Montgomery County School Superintendent, Jack Smith is more concerned about parents’ outrage than the actual safety of his students;
“While I know this tragic incident has become part of a national political debate, I want to remind community members that the lives of real students have been forever affected,” Smith sent in an email Thursday morning. “While many have chosen to engage civilly in the conversation, far too many have crossed the line with racist, xenophobic calls and emails. MCPS is working with law enforcement to identify those who are making threats toward our students and schools. This behavior will not be tolerated in our community.”
Larry Hogan, Maryland’s governor is concerned that Smith won’t answer his office’s questions about their investigation;
“My biggest concern is the Montgomery County School System and their lack of cooperation and the lack of information they’ve been providing. Not only have they refused to provide any information to us, but they’ve refused to provide information to the state Board of Education, which specifically requested more information.”
I guess covering your political ass is more important than the safety of school children.
Category: Illegal Immigrants
Obviously, Supt. Smith is not used to real anger from real people, especially real parents of a real victim.
His disconnect from reality is noted. He can now retreat to his safe space and find a job asking people if they want fries with their cheeseburgers.
I wouldn’t him have any job connected to working with the public. He should be cleaning sh!TTers at night with his own hands.
Yeah, the defense strategy is brilliant: it was rape but not so bad as it was made out to be. Brilliant.
AKA the “Whoopi Goldberg Defense.”
To paraphrase Whoopie” “…This was rape-rape, but not rape-rape-rape…”
Sometimes that’s the best that a defense lawyer can do: you’re not going to get your client off the hook, but maybe you can reduce his exposure to punishment. If this guy can persuade a jury that his client was guilty of statutory rape but not forcible rape, his client may not be punished as severely. I don’t know enough about the facts of this particular case to say whether this is a plausible defense; this could backfire on the defense very easily if it ends up pissing off the jury. But in general I don’t blame a defense attorney for trying to do the best he can with what he’s given.
Me neither, as long as it’s a credible defense supported by more than the assertions made by his client. But if his intention is to paint the 14-year-old as a willing recipient of anal and vaginal penetration, as well as oral copulation on the say-so of the bastard illegals, I won’t be so understanding.
The lawyer actually handled himself fairly capably until Tucker noted that by accusing an innocent young girl, whose screams were heard by her classmates, of inviting the sex, that he, the lawyer, was compromising his soul. That brought a “deer in the headlights” moment and a thoughtful pause in the lawyer’s practiced response. Of course he quickly regathered and resumed his weasel-wording but for a moment there, Carlson had him speechless.
As I’ve written here before, you go up against Tucker Carlson at your peril, most especially if you’re a cocky lawyer or liberal, often the same thing.
The thoughtful pause was to look inwardly and realize he had no soul
“Rudy Baylor: I’m just wonderin’… do you even remember when you first sold out?”
– Rainmaker
Unfortunately, the lawyer may actually be able to get his client off scot-free if his BS claim flies with a jury.
In MD, apparently someone between 14 and 16 years old can give consent to someone not more than 4 years older than they are at the time. A 14 y/o can thus consent to sex with someone no older than 18.
http://www.legalmatch.com/law-library/article/maryland-age-of-consent-lawyers.html
And there’s the people’s democratic republic of maryland for you.
They’ll probably be defending his right to have sex with anyone he wants because he’s been oppressed as an “undocumented immigrant”.
SO.. there are threats coming in against students? That means muslims or illegals are pissed at the victims, not the rapist! Line the bastards up and shoot them! ALL illegals are invaders and need to be deported, if they come back, shoot on sight! imho
It wouldn’t surprise me if the lawyer tried to play the cultural diversity card next. He could argue that since the definition of rapey-rape is different in the country of origin of these undocumented guests, they should be let go and given a large cash settlement in return for the trauma of temporary confinement.
This might sound harsh, but it seems to me that bringing back the excercise of lynching once in awhile might help the legal system focus better on the task at hand. Then the lawyers could argue if a lynching is a consensual lynching or a lynchy-lynching…
Actually, saw an article elsewhere about this issue that researched the home of origin for those two scum sucking maggots.
One was Guatemala, the other another equally dismal place. Even at both places, they would be prosecuted for rape, given the girls age, and the punishments are far more severe than rapists get in this country.
As for the lynching thoughts, I thoroughly agree.
Another episode of ‘Blue State Fun’. Funny that the Superintendent is more worried about the feelings of illegal criminals than his constituents.
He -is- acting on behalf of
his constituants.
The ones he cares about, and whose votes he relies on
I’m not so sure about this. Perhaps a Maryland resident can weigh in. But the place I have lived, the County/School District Superintendent of schools was not an elected position but was an appointment by the elected school board.
Smith was not elected. Members of the elected county school board hired him last year on a four-year contract.
He’s more worried about keeping his job right now that the 14 year old girl… the school district made a PR mess of this.
When one fears, based on actual events, that a foreigner who enters this country illegally, and thereby commits his first crime in this country, should be arrested and deported, that’s xenophobic? My dictionary doesn’t carry that definition of xenophobia. And screw that Pillsbury-doughboy-looking progressive bastard.
I think the response from Superintendent Jack Smith falls in the category of a$$-covering for being a dumba$$ snowflake.
No reasoned debate, dialogue, or other. Just name-calling and retreating to his office to let his poor Administrative Assistant screen his calls.
Upon sober reflection, calling him a dumba$$ is an insult to Balaam’s a$$. Balaam’s a$$ spoke intelligently with reasoned argument. Hence, I humbly apologize to the animals impacted by my slur, and change that to “dumber-than-an-a$$”.
We need to start executing these folks in PUBLIC and airing on the news.
Rodrigo Duterte is a pussy.
I think you are saying Duterte’s actions make him a pussy compared to your solution, public and prompt executions. I would agree, as my formula is: (a) good hemp rope, (b) large tree, and (c) illegal alien criminal; some assembly required.
An excellent and sustainable use of reusable resources!
Not just a tall Oak Tree, a good sturdy gallows can be built for a very reasonable price as well.
I see you are in favor of the modern, progressive form of my formula. I’m a traditionalist, so I favor the tree and a horse or a wagon. But your approach gives a carpenter a job, something our Pres would appreciate.
I’m also in favor of dragging them to death down a rough gravel road.
A truck bed will substitute effectively if a horse is unavailable.
In Maryland, persons aged between 14 and 16 may consent to sex as long as the other partner is not more than 4 years older.
Sadly, it very well may be a legit defense.
As if I needed more evidence that Maryland is a very fcuked up state…….
But for the fact the girl’s screams were reportedly heard by her classmates. She was screaming her consent?
Yeah, all of that, PT, and much more will be covered by the state. Nothing the defense atty or, for that matter, a prosecutor says matters outside of a courtroom. For my money, I wish all would STHU and stop with the press releases and court-house step speeches.
Is the prosecutor an 0bama creature? What about the judge?
Build the damn wall. Pronto.
Which leaves me wondering (and there may be a good answer) if her classmates heard her screams, WTH were the adults? Did they respond when notified and that is why these sobs got caught? If they had time to penetrate her orally and anally and vaginally, what the heck was the response time?
These sobs, the two perps and the Supt, all need a hemp rope and a tall oak tree.
How about one for the Perp’s Defense lawer as well?
I think the answers may be found in that the reports that classmates heard the screams may not be true. All those reports go back to one article from the DailyMail which no longer says screams were heard.
The attack apparently occurred in an isolated or seldom used area of the school. One report described it as where athletic equipment was stored. It was not regularly patrolled by the 5 non-police people on staff or the police school resource officer.
The perps were caught because there were cameras in the area and after the girl reported the attack, the police went back and looked at the tapes and saw the two males.
I said this before but to me, the bigger question is “where were the girl and the two males supposed to be at this time? In class? Study hall? Lunch?” If they were supposed to be in class, why didn’t the teacher or some students wonder where the girl and the two males were?
As the trio seems to have been off the beaten path, where were they going? Could they have been up to something else that went wrong?
The fact that the girl reported the incident so quickly and the males tried to hide her as they exited the bathroom says to me that the girl was attacked. This could (and I mean could) be a case where the trio was up to something else when this all went down. That’s not an excuse, but an observation.
This girl is now going to have to take the stand against these guys and be attacked again.
There are a lot of unanswered questions about this case at this point in time.
The claim that the screams were heard by classmates has disappeared off of the DailyMail article and they seem to be the only media outlet that had that claim. (Fox, for example referenced the DM article to support that the girl’s screams were heard by classmates.)
If the screams were heard, why didn’t someone take action like telling a teacher or one of the 6 security people roaming the halls?
(Could it be that we have set up a system where kids don’t intervene when there is something wrong and instead are willing to not do anything rather than be perceived as “snitches?”)
I haven’t seen when this attack occurred. Was it during lunch or some sort of a free period? If it was during a regular class time, didn’t someone notice the victim was missing?
The school also has 105 cameras which are not monitored in real time. What good are they for preventing incidents or stopping incidents?
There are a lot of questions that need to be addressed.
I would call it the only available defense, rather than legitimate, Dave.
If the facts of the crime are definite, about your only defense is to try to make it not a crime.
What is a 14 year old doing in high school anyway? Most are 15 years old in their freshman year?
Nothing says ‘consensual’ like screaming and blood on the floor. This POS gives other shitty lawyers a bad name.
Defense lawyers are a necessary evil. Every once in a while, they’re even right. Doesn’t mean this particular one doesn’t deserve to be used for batting practice on general principle for this bullshit, though.
Sick.
Sick indeed.
By asserting that this incident was ‘consensual’, the defense will effectively be blaming the (probably permanently) traumatized 14-year-old female victim for her own rape. To do so is unconscionable.
The mind staggers.
Xenophobia is an irrational fear of foreigners, prudence is being aware that some people who claim to want you dead might actually be telling you the truth and avoidance is a wise move.
People that don’t want to assimilate have no business being allowed into the country anyway, why do we need immigrants who don’t want to fully participate in our culture and our lifestyle? Immigration is supposed to benefit both the nation and the immigrant. We don’t need more welfare recipients whose children commit crimes, we have plenty of that already.
Unwise policy, is simply unwise policy. It’s not xenophobic to have no desire to bring in parasites.
Immigrants assimilate. Colonists don’t.
Well said.
Or rapists, murderers, child molesters, thieves, or terrorists.
Well, let’s just call it the ‘Bowe Bergdahl defensive maneuver’. It’s the same thing, for something that badly harmed someone else, but it’s a way to deflect blame and get the ‘not guilty’ verdict.
I see this same behavior in the local school board and with school leadership – ANY incident in the schools is met with a huge PR damage control response, with the primary concern being covering the superintendent/school board/school leadership’s collective asses. And, when things don’t “go their way” the response by those individuals is to blame the “stupid parents” for the situation that they are in (you didn’t give us enough money to “fix” the problem, therefor it’s your fault, Stupid Parent/Stupid Taxpayer).
Also – go look up and see how many of your “leaders” at your local school district are paid salaries in the six-figure area. In the local school district I’m in, every principal, the superintendent and most of those with the title of assistant superintendent are. Now the BIG question – Do you think that they are worth it?
Is the lawyer Bernasty?
I believe he’s STILL disbarred.
It’s just as well, he wasn’t any good at it before being disbarred. Hank “Guam” Johnson has better credibility.
No, and neither is Bernasty a lawyer!
Is it just me, or is anyone bothered by the report that her classmates heard screams, but did not investigate or intervene.
It’s not just you, Ranger. I was wondering why somebody didn’t react when they heard the screams. If students heard her scream, I’m reasonably certain that adults who were nearby also heard her scream.
But would her classmates actually have intervened and stopped the assault, or would they have instead merely tried to record the attack on their cell phones for later posting to ‘Facebook’ or ‘YouTube’?
I see way too much of that sick phenomenon these days, where by-standers only want to film an incident with their phones in order to seek their 15 minutes of YouTube fame, rather than step in and render assistance where it’s needed. It was happening yet again on Westminster Bridge in London after the terrorist attack the other day. Too many people were just standing around filming the injured with their phones, rather than pitching in to help the victims. It was sickening to watch.
Yeah. That British TV show, the Black Mirror, on Netflix has an episode in season 2 about the “smartphone recording effect”.
Seen it. Creepy though it was, it seemed somewhat fitting for her crime. Not as fitting as hanging the bitch, though.
Here’s hoping the perps repeatedly get painfully gang raped in prison until some lifer decides to kill them for shits and giggles!
The concern I see is that due to her being 14 years old, if they are convicted, wouldn’t that make them child molesters?
If that’s the case, they’d be put into special population. But I could be wrong.
If that’s the case, they’d not be in a situation to deal with general population types who’d reciprocate their actions against them.
It dosen’t matter, even if she begged them to screw her. She is 14 and they are 18 and 19 year olds. That is statuary rape in all 50 states.
They are 17 and 18, which as Dave Hardin points out above, is not statutory rape in Maryland.
Because in Maryland, offenders have more important rights than law abiding citizens. Especially if they are in the country illegally.
Frank Castle would have an appropriate response to that situation.
Incarceration is consent and cellies have first dibs, beeyotch!
Meanwhile, the Maryland General Assembly wants to pass the Trust Act, which essentially makes Maryland a sanctuary state.
Make each and every Assembly member own the rape! Let them know.
http://mgaleg.maryland.gov/webmga/frm1st.aspx?tab=home
Hang all four (Sup, perp 1, perp 2, lawer) by their testicles and beat them like cheap piñatas. The girl gets the first set of swings, no blindfold.
I am going a somewhat different route here. I think everyone is looking to make hay with this case. People want answers from the Superintendent. While I have some questions as to resource allocations, I don’t want the School District in the investigation at all. How many times have we seen at the college level where schools have botched sexual assault investigations and either charges not be filed when they should have been or charges filed when they should not have been. Let the police and their experts interview, collect evidence, etc. They are the experts. Let them take the point on the criminal part of this, Governor Hogan is looking to throw people under the bus by asking why the illegal immigrants were even in school. He should know that the law requires them to be in school. He too is grandstanding. He should answer for that. ICE, Homeland Security and the entire immigration system should be asked how one of the males was picked up for being in the country illegally 7 months ago in Texas, given a notice to appear in front of an immigration judge and that case hasn’t even been scheduled. Someone needs to answer for that. Montgomery County legislators should be asked about the status of the county as a “sanctuary county” within a state that is now pushing forth a law to make the entire state a “sanctuary state.” That would mean that even if a hearing on the one male was scheduled, the state, the county and the school system would not tell immigration officials that the male was in their state, county and schools. Someone needs to answer for that. The Superintendent needs to answer questions on why 17 and 18 year olds were in a class with a 14 year old. Anyone who has teens or has worked with teens knows there is a huge difference between a 17 and 14 year old. Why weren’t the males in a separate, special education program to learn English instead of being mainstreamed with kids they can take advantage of? How were the… Read more »
An interesting analysis, but with a couple of seeming flaws, IMHO.
Hogan is actually correct in wondering why the two illegals were enrolled in the high school in the first place. Truancy laws in Maryland apparently only apply to those between the age of five and 16. The decision to admit Sanchez-Milian and Montano was likely made at the district level; sometimes there’s a financial incentive to get as many students in school seats as possible.
Personally, I’m not as much annoyed with the immigration court failure to schedule a hearing as I am by the current catch-and-release system.
Although I tend to be a defender of the press and open meeting laws, the school board was probably legally correct in holding a meeting in closed session. Maryland, like most states, has exemptions which include personnel matters and liability.
Yeah, if ICE can prove they are in the country illegally, I seriously don’t understand why they aren’t put on a plane, on a boat, on a train, etc., but instead given a coat and told “you’re here illegally, but show up to this court on this date so we can kick you out.” Yeah, good thinking.
Once the two immigrants applied for school, they were required to be accepted. (See Plyler v. Doe.) Maryland’s age requirements for students is 5 – 17 (barring passing the graduation tests) and students may attend up until they are 21.
The school system had to accept them in order to comply with Federal and State law.
As to the closed meeting, Maryland does allow for closed meetings in certain cases. But here, the meeting was open to the public other than the press. The School Board met none of the notice requirements for a closed meeting and did not issue a statement as to why they were barring a certain portion of the population. Both the statement and notice are required for a closed meeting. By allowing people in, the Board cannot claim that the meeting was closed. In addition, the Open Meeting Act specifically states the reason for open meetings is to have accountability for the government through the press and the people.
You raise some interesting points, GC. My own view is that the rationale for Plyler v. Doe was that the Supremes didn’t want illegal kids to suffer for the sins of their illegal parents because the kids had no control over their situation. Therefore, they should be extended equal protection.
But Sanchez-Milian, for one, doesn’t fall into that category. According to ICE, he was apparently trying to cross the border voluntarily by himself.
As much as it pains me, we might need to disagree about the open meeting issue. My experience in the past has been that local boards can invite almost anybody they want to sit in on an executive session. In this instance, as an example, the school district could be looking at some expensive litigation on the part of the victim or her parents. Given the unique circumstances, it wouldn’t be a surprise if the district wanted to meet in closed session to discuss possible outside counsel.
On the other hand, if the district board met with the intent to specifically include everybody but the news media because it didn’t want legitimate scrutiny, that’s another thing entirely. In the past, I’ve seen boards find out something during a regular public hearing, go into an executive session, then re-start the public hearing when the closed session ends. No advance notice is needed. It might or might not be different in Maryland.
Perry Gaskill,
I might agree with you on the meeting issue except for the fact that the meeting was called to inform parents what had happened. This was not an executive board meeting. This was an informational meeting at which the press was denied entry. The public was encouraged to ask questions and participate in the meeting. There was no liability discussed nor was there any “directional aspect” to the meeting. It was simply a meeting to inform the public of what happened.
I believe that the Superintendent wanted to get ahead of anything that was said at the meeting and not have the video appearing on the 11 o’clock news. In fact, the Superintendent called what happened an “incident” which incensed the public. (They thought it was more than an “incident.”) By the time the press found out, the School Board had a spokesperson ready to answer the press’ question and she said the term was a mistake. In other words, the School Board controlled the message because the press was not allowed which is one of the reasons Maryland has an open meeting laws.
As for the education, both Plyler v. Doe and the case decided during the same session Named and Unnamed Children v. Texas, do not make the distinction of children brought here by parents versus children that crossed into the country illegally. The Court only makes the distinction that undocumented / illegal alien children must be treated the same as other children in the country and the state must provide education (K-12).
The question was not how the kids became “undocumented” but whether they were “undocumented.” That’s really the only way the Court can apply the 14th Amendment by examining the immigration status of the children and not how they got into that status. (NOTE: I use “”undocumented” because that is what the Court used. IMHO they are “illegal aliens.)
Know how you can tell if a lawyer is lying? His lips are moving.
I can’t believe that anyone, even if paid to lie for his clients as a matter of course, could utter such errent, self serving lying stupidity.
Given such an ongoing cavalcade of incompetance and leftist nonsense, with this result, NOTHING anyone says is going to wallpaper over this little atrocity. Textbook case. Oh, unless you’re a liberal. They have a certain suspension of common sense.It gives them perspective and a higher tone.
Hang them both, and disbar their “lawyer” after attaching the tar & Feathers. “suggest” he start up elsewhere, say Tiajuana.
The first thing they should do is turn these wetbacks over to Bubba, Thor, Mr. Tiny and Julio and tell them to cut off their balls with a very rusty and dull razor blade! Then pour salt and battery acid into their wounds, then beat their sacks with a ball bat for a few hours. Then apply a nice compress of Gasoline and phosphorous!
A defense attorney has to work with what has been handed to him and it’s his job to try to defend the guy as best as he can. It’s why I’m not a defense attorney. I’d have beat that illegal to death in his cell with my briefcase.
Who ever protects these criminals needs be sent to jail as well. If you are ok protecting these pos. Death to you both.
Does anyone remember what the VC used to do with captured GI’s? Yes I am talking about cutting off a certain body part, stuffing it in their mouth, sewing the mouth shut, and leaving the body where their buddies will find it.
Hey, it’s an alternative to lynching and sends s message. JMHO
Henry looks like a fetal alcohol baby! Vacant eyes….nose looks like Picasso painted it….slightly non-symmetrical……