Rockville Rape Charges Dropped, New Child Porn Charges

ROCKVILLE, MD -- Two Rockville High School students, who are both immigrants, are facing charges relating to child pornography after their rape charges were dropped earlier this week. One of the students was taken into custody by Immigration and Customs Enforcement, or ICE, after his hearing for the child pornography case.

On Friday, prosecutors announced they would drop the rape charges against Henry Sanchez-Milian, 18, of the Aspen Hill area and originally from Guatemala, and Jose Montano, 17, originally from El Salvador. In March, they were charged with raping a 14-year-old girl in a school bathroom during school hours.

However, prosecutors said, the evidence in the case was inconsistent with the allegations. The girl had planned the sexual encounter with the two boys, according to text messages between the girl and Montano, Andrew Jezic, the attorney for Sanchez-Milian, said.

"We have concluded that the facts in this case do not support the original charges filed in this matter," State's Attorney John McCarthy said at a news conference Friday morning. "Due to the lack of corroboration and substantial inconsistencies from the facts that we have obtained from multiple sources since the filing of the original charging document, the original charges cannot be sustained, and prosecution on those charges is untenable."

Sanchez-Milian, whose rape charges were officially dropped on Tuesday, now faces charges for possessing child pornography. Montano allegedly sent lewd videos and photos of the 14-year-old to Sanchez-Milan, and is now facing charges for possession and distribution of child pornography.

"This is essentially the criminalization of adolescence in America and it’s a shame; it’s not right,” Jezic said, according to Bethesda Magazine. "When anyone sends a naked picture, you’re going to assume that all rights to privacy are out the window” and that the image will be shared. Patch could not verify whether Montano took pictures and video of the girl in question or if she sent them to him.

Montano, after his Monday hearing on the pornography charges, escorted out of the courtroom, into a holding cell, and arrested by ICE officials, his attorney said, according to the Washington Post. ICE spokesman Matthew Bourke said he could not comment on Montano because he is a minor.

It was reported by Bethesda Magazine that Sanchez-Milian is not in ICE custody, but there is an active detainer against him.

The case got heavy attention around the country, including from the White House. "This is a tragic event. It's horrendous, horrible and disgusting," said White House Press Secretary Sean Spicer on March 21, several weeks before the charges were dropped.

The case rose tensions surrounding U.S. immigration policies. The Obama administration focused on deporting undocumented immigrants who threatened public safety or national security or committed serious felony offenses. Though, some are accusing the Trump administration of widening the net too much when it comes to deporting immigrants. The Washington Post reports that ICE is now deporting undocumented immigrants who “have committed acts that constitute a chargeable criminal offense.”

(AP Photo/Brian Witte)