Rape charges dropped in Montgomery County illegal alien case
You probably remember the story of the pair of illegal immigrants in sanctuary Montgomery County who were accused of raping a 14-year-old girl in the bathroom of a high school. Well, the rape charges have been dropped by the prosecutor’s office, according to CNN;
But on Friday, prosecutors dropped the rape and sexual offense charges against both students, citing the “lack of corroboration and substantial inconsistencies from the facts.”
“After a painstaking investigation and review of these matters, we have concluded that the facts of this case do not support the charges originally filed,” Montgomery County state attorney John McCarthy said in a statement.
Instead, Sanchez-Milian has been charged with possession of child pornography, prosecutors said. Montano will be charged in juvenile court with two counts each of possession and distribution of child pornography for allegedly forwarding videos and images of the 14-year-old girl, his defense attorney Maria Mena said.
I’m no lawyer, but it seems to me that if there are pictures of the underage girl in the possession of an 18-year-old that would indicate more malfeasance than just possession of the said pictures. But this is the same prosecutor’s office that traded away charges of assaulting a police officer in a certain case of another of our “friends” famously from Montgomery County.
Sanchez-Milian allegedly received sexually explicit images from the 17-year-old student also charged in the case.
Possession of child pornography is a deportable offense, [Sanchez-Milian’s attorney Andrew] Jezic said, and ICE would likely move forward to deport his client if he is found guilty.Jezic said the charge was a “criminalization of adolescence,” and added that sexting was “an incredibly common phenomenon in high schools in America.”
Yeah, well, an 18-year-old in a high school environment isn’t really an adolescent is he?
Category: Crime
You would not believe how many DA’s will drop good solid cases against illegals when they find out we are going to deport them. “Saves time and money” they always say. During the Obama era, we were only allowed to target convicted illegals. So, their criminal history would show 10 arrests, no convictions. Thankfully that has been changing.
Shit. When I was a cop, I was amazed at how hard it was to get the prosecutor to take cases.
One time we all responded to a call of a fight. When we got there, we found a BIG bag of meth and a gun in the suspect’s car in plain view. No search necessary to find it.
The prosecutor didn’t want to press charges cause we weren’t called to the scene for that case. WTF…OVER?!
With that logic, if we had found a dead body in the back seat and tied it to the perp, we couldn’t press that case cause we weren’t there for that.
Sheesh!
I average maybe 6-8 “decline to file” cases each year, and I do everything from murder 1st to shoplifting. Usually it’s for a bad search or Miranda not given soon enough.
wtf is wrong with this country. I am a vietnam vet and this is not the country i went to war for – not even close.
Can’t tell you how many cases I’ve had the county attorney refuse to charge cause they like to play defense attorney. I think in a lot of cases the prosecutors are better to the accused than the public defenders.
All these corrupt, lying p.o.s. lawyers care about is their reputation and their conviction rate, if thats high, they move on to bigger and better things….ever hear of a lawyer concerned with right and wrong? NO, NEITHER HAVE I.
This is messed up on about 69 levels.
Girl lied, the guys lied, took advantage of a younger female, photo or video evidence was contradictory, the PAs jumped the gun, the County’s rules about allowing immigrant students into the schools sucks, the media and others who jumped all over this before it was well vetted sucks and, now, not much we can do but try to slingshot them as far from the US as possible, I suppose.
I say deport the sonofabitch from an airplane at at least 15,000 feet altitude sans parachute.
10,000 will do just fine, and the aircrew won’t have to go on supplemental O2. My personal preference would be over water, ’cause crabs gotta eat, too.
Can you fly? Well you better hope you can swim then……
I watched 2 guys in the stick behind me tangle and hit the ground full speed from 1250ft. Both bounced like rubber balls and neither lived. It doesn’t take 10,000ft but it would give that asshole time to think about it.
Also, I’m not saying anything, but from the mug shot, he looks…..”touched”…..”off”….”victim of FAS”?
/just sayin’ is all
The best part of him got wiped off of his dad’s dick.
Or it stained some car upholstery, his Momma should have swallowed.
My first thought was somewhat widely spaced eyes and nose irregularity equal FAS. Close but I don’t think so. I think he’s just pond scum who ended that way by chance. I only see two characteristics and they are both iffy.
I say we should cut off his pecker, then deport the SOB out the back door of a cargo plane over water at 10,000 feet! Let’s see if he can swim back from that? When will they learn about these scumbags?
“Possession of child pornography is a deportable offense.”
It damn well should be an executable offense. No matter how the lawyers and their pro-“sanctuary” democrat bosses try to frame it to protect their agenda, these two cocksuckers are sexual predators. They are also illegal aliens who shouldn’t even be in this country, meaning everything they have done could have been prevented.
This development definitely has an odor to it. I’m aware that there’s such a thing as the school slut (knew a couple when I was in high school, though I chose not to partake). But this lines up far too conveniently for them for my liking. Also ironic, given that the left loves to accuse conservatives of blaming the victim.
Apparently he was in possession of child pornography because she sent it to him – it was video/pics of her. They are saying surveillance shows the girl willingly going into the bathroom with them… at this point seems like a damn thin case. And I’m someone who believe the appropriate punishment for rape is impalement.
When will we consider being in the country illegally a “deportable offense?”
Not soon enough apparently
One of the things they had that they are being charged with is video of the 14 year old child crying as they are raping her. But, hey, it’s only rape is she says it’s rape and performed by someone who isn’t an illegal.
Stop the presses. Hold the phone. Not two months ago, we read of a horrendous account of a little 14-year-old girl who was reported to have been brutally raped by two illegal aliens, one a juvenile (barely) and the other an adult. Any notion that the event was other than as described was dispelled by comments such as these: “This was a brutal attack,” I am confident that we have a strong case.” Montgomery Police Chief Tom Manger said on March 22. “The events were horrible. They were not consensual.” Captain James Henry, commander of the Montgomery Police Department’s Special Victims Investigation unit. Wash Post 27 March 2017.
Additionally, on 30 March, prosecutors were in court arguing against bail and saying there was a plot by the illegals to attack the girl in the school. So, what happened to the case, the brutal rape in a high school lavatory? Turns out that the 14-year old little girl was not shoved or pulled anywhere by anyone. She walked into the lavatory in what may have been a pre-planned sexual encounter. Putting aside her age, what we have here is a situation in which most of us were snookered by police and prosecutors. Everyone expects a defense atty to say, “The fact will show my client to be innocent of these charges and blah, blah, blah.” Then, the next thing you know, we read about Mr. Innocent taking a plea. In other words, when the illegal aliens’ attys said that their clients attacked and raped no one, it fell on deaf ears. No shit. Meanwhile, police (especially) and prosecutors (more or less) usually shut up while a case is being investigated. Not this crew. These people were talking a blue streak and all of it damning. So, we got snookered. By the way, anyone see that the girl was charged with false statement? Lying to investigators?
Gosh, I’m getting all teary-eyed thinking about how unfair it is that a nasty little Maryland slut was able to corrupt a pair of noble MS-13 lads. Maybe we should take up a collection and buy them two Chihuahua puppies for service dogs. They could wear teeny-tiny little vests with La Raza flags…
I’m not at all sure what you’re saying, Perry.
Mea culpa, Cav. I plead guilty to omission of a /sarc tag.
Personally, I’m not so sure it’s a matter of being hoodwinked as much as the fact that los dos amigos went right to the legal edge. What probably happened is this: the victim invited Montano to have sex. Montano then invited Sanchez-Milian to join in without the victim’s consent. Being able to bring charges then became a matter of her word against theirs because of the consent with Montano.
Got it. Yes, I agree with that synopsis. If it helps, ICE has filed the paperwork for one, if not both of these guys, and the illegal-alien father of one of them is facing a deportation hearing himself, thanks to the attention his son brought him.
put all of them in a leaky rubber raft and push south, let them figure out what to do next – float away like the garbage they are. I am just fed up with this country and ready to just pull the fucking trigger and be done with it.
Only if the Chihuahua vests are large enough for the obligatory POW patch and CIB.
That’s what bothers me about this whole case, 2/17.
I certainly don’t have access to the investigative file, and I didn’t observe the incident. But it does seem to me that either the State’s Attorney should have a pretty solid case before pressing charges – or should refrain from pressing charges until he/she knows the case is solid.
Here, it seems to me that the prosecutor apparently arrested the two here without having any real case – and did so well before the investigation was anywhere near complete enough to do so. And they then went very public with a case that turned out to be garbage.
Yes, prosecutors are human. But it seems to me that they screwed up bigtime here – badly enough possibly to be termed negligence.
That’s what sucks about these high-profile, sensational cases: we don’t have facts. As a result, we put our faith in what those with the facts say, which is usually very little. In this instance, it looks like the police officials could not speak with enough reporters often enough. The prosecutor got caught up to and is now trying save face by charging one with sending the lewd pics that the girl had sent of herslf.
Hondo,
They did have a case for statutory rape, if nothing else.
Maryland’s law on consent requires that the person be above the age of 16. Period. There is no “closeness of age” or “Romeo and Juliet” exception. In fact, if both participants are younger than 16, both can be charged with statutory rape. (There’s case law on that point.)
So the males should have been charged with statutory rape no matter what. The idea that they were not shows the prosecutors aren’t willing to follow the law.
You clearly have not visited the Md Code. You are wrong on nearly every statement that you made. You might want to look at the code and its language.
Silly me.
https://www.ageofconsent.net/states/maryland
As 2/17 AC noted, gitarcarver, the source you cite doesn’t appear to be correct if/when one cross-checks it against Maryland Criminal Law – which is freely available on-line. Specifically, see
http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gcr§ion=3-308&ext=html&session=2017RS&tab=subject5
and
http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gcr§ion=3-307&ext=html&session=2017RS&tab=subject5
Contrary to the website you referenced, Maryland does indeed appear to have a “close-in age exception” of up to 4 years regarding sex between some younger legal adults and minors aged 14 and 15.
Websites can be nice sources of info. But primary sources are better, and unless you’re an expert in the field it’s always a good idea to double-check – particularly when authoritative sources are freely available.
The source is not correct. The go-to source is the law, the Md Code (available for free online), preferably the Annotated Code, which cites some cases construing the pertinent statute. Statutory rape is not a crime but comes from the once-prevalent scheme of Common Law augmented by statute. In Md, the Common Law of England, as of July 4, 1776, became Md law. Anyway, there is rape, under Md law, and there are sexual offenses in varying degrees, ranging from 1st to 4th. Again, the secondary sources are frequently behind in updates or just plain wrong.
2/17 – clarification, please: which source is not correct? Mine, or gitarcarver’s?
I believe I linked to current MD criminal law as listed on the MD state website. If there’s a better source, I’d love to know where I can find that.
Sure. I was responding to GC’s source, actually. https://www.lexisnexis.com/hottopics/mdcode/
That will take you to the up-to-date Code. Click “I Agree.” All of the articles comprising the law will appear. Choose “Criminal Law” and then the + beside “Other Crimes Against The Person.” Last stop to get to there is “Sexual Crimes.” Have fun.
Hondo. Law school is a matter of perseverance and willingness to sacrifice for a few years. Yeah, it also can be expensive, but, frequently, there are ways to reduce the costs. Try it. You’ll like it–sometimes.
Thanks – thought that was the case, but wanted to be sure. And if there’s a better source than I have for info, I always like to know that.
I would ask one follow-up question: why Lexis vice the state’s actual online version of their code? Because of annotations and case references?
You have GOT to be kidding me!
Since Jonn went down the “I’m not a lawyer trail”… I heard of someone else that’s not a lawyer… or a notary… or a competent pilot… or a battery of the month club member…
About all I know for sure about this mess is that it is a mess.
Assuming that there is a tape of her entering a bathroom, or any other room, for that matter, appearing to be doing so willingly, how does that translate to consensual sex? (Is consensual sex really OK in MD schools?) All the tape proves is consensual entering of a room, right? That happens all over the lace all day long.
Why should I care if the 14-yr old agreed to have sex with one of the guys? Can the other one prove that she agreed to have sex with him?
Among other stuff.
Some dumb bureaucrat looking for a mic should have spent just a few seconds considering how to best serve those who pay him instead of wondering if he needed a shave before going on camera.
She sent lewd pics of herself to one of them and, at some point, you can bet she came clean about what actually transpired. And that’s when the case fell apart. They will be deported and she and her family can relocate to Delaware or Virginia and that will be that.
I think they should be gone, but if the reports that it was consensual and she sent him selfies it just shows the law is out of whack with reality.
Perhaps it’s MD’s social norms that are out of whack with normality.
Bingo. The mainstreaming of the idea that it is acceptable for 14-yr old girls to have sex anywhere, any time is a symptom of many other issues. Serious issues.
Yep … and ain’t none ’em good.
They’re still illegals. ILLEGALS! So why isn’t the Hulk, throwing them back into deep Mexico as we speak? Commit a crime in this country as an illegal and get deported. Period.
Hondo. Ran out of replies! To answer your question, the annotated code costs a bundle and requires constant updating to reflect case law affecting statute. In law school, ferreting out the state of a particular statute or decision construing one is called shepardizing. It can be a tedious exercise. I use Lexis for quick but very reliable look-see at bare statutes. Thorough legal research it isn’t.
Missed your answer earlier. Thanks for taking the time.