WASHINGTON 鈥� The two teenagers who were recently cleared in a highly publicized rape case centering on Maryland’s Rockville High School are now fighting to stay in the United States and against newly announced child pornography charges.
On Friday, Montgomery County prosecutors dropped first-degree rape and first-degree sex offense charges against Henry Sanchez Milian, 18, and Jose Montano, 17, who was charged as an adult.
State鈥檚 Attorney John McCarthy said an intensive investigation had cast doubt on the 14-year-old victim鈥檚 initial report that she had been forced into a boys鈥� bathroom and raped repeatedly.
Attorneys for Sanchez Milian and Montano had argued the events in the high school bathroom were consensual.
In dropping the rape charges, McCarthy announced Milian and Montano would be charged with possession of child pornography, but would not take questions on his charging decision.
鈥淭his is a charge that is almost never brought in Montgomery County, or around the nation, for simply one person asking another to share photos of another student, who created, allegedly, the images, and sent them to her paramour,鈥� said Sanchez Milan鈥檚 lawyer, Andrew Jezic.
鈥淲e鈥檙e going to be investigating around the country, whether or not these facts lead to prosecution,鈥� said Jezic. 鈥淲e don鈥檛 think they do, anywhere in this country, and if they don鈥檛, that will be one of our defenses.鈥�
Jezic said the girl had created sexually explicit videos of herself and sent them voluntarily to Montano, who discussed them with Sanchez Milian.
鈥淲hile that may be, if true, immoral behavior and disappointing, it鈥檚 certainly not criminal, and should never be criminalized,鈥� said Jezic. 鈥淭his is essentially the criminalization of adolescence in America.鈥�
McCarthy鈥檚 spokesman, Ramon Korionoff, declined to comment on whether his office has prosecuted other adults in similar situations, in which they had received images, rather than generated them.
鈥淭his is fair warning for high schoolers around the country who have a cellphone, and their parents who pay the cellphone bills,鈥� said Jezic.
Montano鈥檚 attorney, Maria Mena, had called the pornography charge against her client 鈥渆gregious.鈥�
Jezic said the child pornography charge could jeopardize his client鈥檚 ability to stay in the United States. Both Sanchez Milian and Montano had entered the country illegally.
鈥淚f he were to be found guilty of these 鈥榯hrowaway charges,鈥� he is very likely to be deported, and have no defenses in immigration court,鈥� Jezic said.
鈥淗enry was facing immigration proceedings even if these charges had never existed, but now that they exist it would foreclose his arguments,鈥� his attorney said.
Montano, who is now being prosecuted in juvenile court on the new child pornography charge, made his first appearance Monday. After the hearing he was taken to his holding cell, and arrested by U.S. Immigration and Customs Enforcement agents, 听谤别辫辞谤迟别诲.
Montano鈥檚 immigration attorney said he will attempt to have his client released from federal custody on bond, and returned to his family.
ICE spokesman Matthew Bourke was not available for an immediate comment.
