Locker Room Rape Case: ADHD Defense Called ‘Offensive’

ROCKVILLE, MD — A Montgomery County judge on Thursday ordered a former Damascus High School football player, who was charged with raping teammates with a broomstick, to be tried in juvenile court. The 15-year-old Clarksburg resident was the last of four teens to have his case transferred to the juvenile justice system. All the youths were initially charged as adults for an attack that took place on Oct. 31, 2018.

According to prosecutors, Will Daniel Smith, Kristian Jamal Lee, Caleb Thorpe, and Jean Claude Abedi were accused of turning off the lights, pushing or pinning down four of their teammates, and sexually assaulting them with a broom handle in a hazing ritual called "brooming." Abedi was the last charged as an adult, while the other teens earlier had their cases moved from circuit court to the juvenile court system.

In moving this case to juvenile court, Abedi's defense attorney — Daniel Wright — said that "the judge did the right thing."

"We believe that the juvenile court is the appropriate forum for this case to be decided," Wright said.

During Tuesday's hearing, which lasted more than five hours, Wright argued that his client suffers from undiagnosed Attention Deficit Hyperactive Disorder — or ADHD. He said that Abedi's symptoms — including his lack of impulse control — contributed to behavioral issues.

"I don't think there's a question that ADHD was present. There are a lot of kids who have ADHD and they don't sodimize or rape their teammates. So I think to offer that as an excuse or an explanation is unacceptable," said Tom DeGonia, who represents the victims. "We don't want to discount it. In fact, some of the young men who are victims here suffer from ADHD and they weren't engaged in this behavior."

Siding with DeGonia, Montgomery County State's Attorney John McCarthy called the ADHD defense "offensive."

"A lot of what was discussed in court over the last two days referred to the issue of the defendant suffering from, potentially, ADHD. I just don't see, quite candidly, any causal connection between suffering from ADHD and committing violent sexual attacks. I do not see any logic to that particular conclusion."

"That offends those families who have sons who are victims. But it also offends the men and women in this community who have children who have ADHD, who are medicated, who know that their children are not violent sexual offenders. To suggest that that diagnosis leads to that conduct, I just don't think is consistent," McCarthy added.

Montgomery County Circuit Court Judge Steven Salant was originally expected to make a decision on Tuesday. But he needed more time to review all court-related documents, and ordered the court to reconvene Thursday.

"This was a horrible, horrible incident," Salant said in court Thursday. "All of us can agree on one thing: We want our children to be safe and free from harm. What happened in that locker room was not just harmful to the victims, but it robbed them of their safety — and that is a terrible thing to bear."

When considering whether a child charged as an adult should, once again, be tried in juvenile court, the Department of Juvenile Services must take into account the following five factors: the defendant's age, mental/physical condition, amenability to treatment, risk to public safety, and the nature of the offense. The department is responsible for analyzing a defendant's case and recommending whether it should remain in the adult court system.

Based on Abedi's age, the agency concluded that his case should be handled in juvenile court. As for his mental/physical condition, amenability to treatment, risk to public safety, and the nature of the offense, the department recommended that Abedi's case be handled in circuit court.

Randi Wortman, a clinical psychologist and the defense's first witness, evaluated Abedi for emotional or mental issues following last year's incident. While testifying, Wortman described Abedi as a kind, energetic 15-year-old boy with undiagnosed, and severe, ADHD.

The American Psychological Association characterizes ADHD as a behavioral condition that can make it challenging for people to focus on everyday tasks, get organized, and control impulsive behaviors. Someone with ADHD may also be defiant, aggressive, or socially inept.

According to Wortman, Abedi's symptoms, especially his lack of impulse control, made it difficult for him to sit still, follow directions, or know what is or isn't appropriate in social settings.
Wortman said that Abedi now takes medication and has seen an improvement in his behavior.

"I'm always looking for disorder, because that's what I do," Wortman said. "But I only saw disorder in Jean Claude, not (his) family."

Abedi's family emigrated from the Democratic Republic of the Congo during middle school. The teen lives with his mother and three sisters in Clarksburg. Abedi's father, who could not find employment in America, still lives in the DRC, according to Wortman. Despite not living with his father, Abedi speaks with him every night, she added.

In court on Tuesday, prosecutors said Abedi has repeatedly gotten in trouble at school and outlined more than a dozen disciplinary problems that administrators have noted over the years.

Citing Montgomery County school records, prosecutors said Abedi has been suspended a total of 12 times. Throughout middle school and high school, Abedi reportedly was punished for sexual harassment, physical and verbal altercations, and bullying.

According to prosecutors, the Montgomery County Public Schools system offered Abedi and his family support, such as smaller class sizes and the option to attend an alternative school. Abedi's family, they said, refused the help.

"That is a concern because being amenable to treatment means being willing to accept treatment," said the county's assistant prosecutor, Carlotta Woodward.

"Amenability is key to juvenile services. If he isn't amenable to services, then there's nothing that can be done," Woodward added.

Abedi's mother, Pacience Abedi Kalomboma, explained to the court that she felt uncomfortable while visiting the alternative school. She also said that an employee warned her not to enroll Abedi in the school.

"Jean Claude did not choose to not go to an alternative school," Abedi's defense attorney, Daniel Wright, said. "Parents make mistakes."

"I think it could be a different situation for Jean Claude had different decisions been made," he added.

Ultimately, Salant decided to transfer Abedi's case to the juvenile court system.

While explaining his rationale, Salant expressed concerns about Abedi's sizable disciplinary record, but said the school system failed to adequately remedy reoccurring behavioral issues. He said that school officials were treating the symptoms rather than the cause.

"This is a defendant who is amenable to help," Salant contended.