Rape Charges Dropped in Rockville High School Case That Stirred Immigration Debate

The White House previously said the case illustrates

a need for stricter immigration policies

Rape charges were dropped against two immigrant teens accused of attacking a girl at Rockville High School in March. 

Rape and sexual assault charges have been dropped against two young immigrants accused of raping a 14-year-old girl in a bathroom of a high school in Rockville, Maryland, prosecutors say.

The reported crime horrified local parents and became national news after the White House called it an example of why President Donald Trump is cracking down on illegal immigration.

The defendants, Henry Sanchez Milian, 18, and Jose Montano, 17, each illegally entered the United States alone, to join their families. Deportation proceedings against them are underway. 

Rockville High School accused rapist Henry Sanchez Milian

The teens initially were charged with rape and sexual assault after an encounter with the girl at Rockville High School in March, during school hours. 

But the evidence does not support rape charges, Montgomery County State's Attorney John McCarthy said Friday morning. 

"We have concluded that the facts in this case do not support the original charges filed in this matter," he said at a news conference. "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." 

McCarthy said the investigation was extensive and included multiple interviews and reviews of phone and computer records, school surveillance video and medical records.

Montano now faces possession and distribution of pornography charges. Sanchez Milian also faces possession of pornography charges. 

The pornography charges are related to lewd photographs the girl sent to Montano, who then forwarded them to Sanchez Milian.

Montano's lawyer, Maria Mena, called the pornography charges unfair. She argued that the girl should be charged for creating the pornography.

Under Maryland law, statutory rape laws apply when the older person is a full four years older than the younger person. 

The girl reported to police that the two boys approached her in a school hallway and asked her to walk with them, police initially said. Montano asked her for sex, and after she refused, he and Sanchez Milian forced her into a boys' bathroom, where they took turns raping and sodomizing her as she cried out in pain and asked them to stop, police said.

Defense attorneys later said text messages between the girl and Montano showed the two spoke about having sex at school the following day. 

A judge ruled that was not an agreement, however, that would have bound her to have sex with two partners. 

Prosecutors said texts between Montano and Sanchez Milian showed they planned to attack the girl.

The superintendent of Montgomery County Public Schools, Dr. Jack Smith, said the district is still cooperating with police and prosecutors.

“First and foremost, our thoughts and prayers continue to be with the Rockville High School community, particularly the female student who has been at the center of this. I know that the staff and students remain focused on healing as a community and ending this school year 'Rockville Strong,'" Smith said in a statement.

No matter the outcome of the case, Montano and Sanchez Milian will not return to the high school, Smith said. 

"We need to provide them an education, but it will not be in a school building. It will not be during the regular school day. It will not be a typical school experience," he said. 

Federal deportation proceedings against them have already begun. 

White House spokeswoman Sarah Huckabee Sanders said in a news conference Friday that spokesman Sean Spicer reacted after the alleged crime to "what he knew at the time."

The school received threats of bombings and shootings after the alleged attack. One caller threatened to shoot "illegals" at the school, police said.

Sanchez Milian's father was taken into U.S. Immigration and Customs Enforcement custody after it was discovered he was living in the U.S. illegally, officials said.

Montgomery County Public Schools records show 27 reports of high school sexual assaults or sexual incidents requiring police response in the previous school year, the News4 I-Team reported, including at least one incident at Rockville High School.

In 2014-2015, the school district reported 14 “sex-related” incidents requiring police response at county high schools.

In April 2014, MCPS told the I-Team it installed mirrors and cameras to reduce blind spots in some hallways of another high school in Rockville after a consensual sexual encounter wasn't noticed by staff or administrators.

'You Took my Childhood,' Sex-Abuse Survivor tells Pedophile Teacher in Court

Canada's sentencing of perverts is pathetic

Brett Mittelsteadt was a teacher, basketball coach

and an active member of the Catholic church

By Marion Warnica, CBC News 


Brett Mittelsteadt was a trusted teacher at Holy Spirit Catholic school in Sherwood Park, at one time promoted to assistant principal. (Supplied)

Edmonton, Alberta, Canada - Brett Mittelsteadt was a family man, trusted teacher, coach and active member of the Catholic church when he started sending sexual text messages to a girl less than half his age — who was also one of his students.

The details are outlined in the agreed statement of facts, a list of details agreed on by the court when Mittelsteadt pleaded guilty on Monday morning to luring and touching a minor for a sexual purpose.

The girl, who cannot be named because of a court order that protects her identity, was 14 years old when her teacher at Holy Spirit Catholic School in Sherwood Park started grooming her for a sexual relationship. He was already a close friend of the family. And at that time, in March 2013, the child's parents say she was a "hard-working, bright-spirited girl," whose spirit and flame were extinguished by the dark "narcissistic" decisions Mittelsteadt made in secret.

'You took my childhood.'

-  Survivor who cannot be named under court order

Seemingly sweet texts like "I love you," and "You are beautiful" were mixed in with increasingly explicit language and photos over several weeks.


Edmonton law courts. A teacher was sentenced in an Edmonton courtroom Monday to nearly two years in jail after being convicted of sexual misconduct with a student. (CBC)

Mittelsteadt sent the girl photos of himself naked, in his underwear or shirtless, asking her "Where's mine?" He initiated late night phone calls and Facetime chats, where he would strip and encourage her to take off her clothes while he masturbated. He would drive her home and initiate making out and sexual touching. He pulled her from other teachers' classes, saying he needed help, so he could kiss her in unoccupied rooms at school.

ALBERTA TEACHERS' ASSOCIATION RESPONSE

The ATA cannot comment on individual cases. But spokesperson Brian Andrais said a teacher is automatically deemed guilty of professional misconduct when they are convicted of an indictable offence. "The likelihood of the individual teaching again is very remote [in cases like this]," he said. He expects there will be a hearing within a month on whether he should lose his teaching licence. 

The teacher, who is married and has two children, took the girl to other homes to engage in sexual activity. In one case, he bought her alcohol and drove her to his parents' house. They drank and he led her to a bed, stripped, and kissed and fondled her.

"I will never remember what it's like to be innocent," the girl said through tears on Monday as she read her victim impact statement aloud to the courtroom. Her back  straight, her abuser just a few feet away, she spoke without stumbling — but with many tears.

She described how the last few years have been a struggle. The girl suffers from depression and anxiety and has a difficult time at school. She said she feels angry and used, and has a hard time feeling safe.

"I don't know if I'll be able to trust anyone," she said.

"You took my childhood."

Mittelsteadt cried and apologized to the family in court in a short statement.

The girl's parents made it clear they would not accept his words.

"This was not her path, but you forced her on it," her father said. "For this, you will not find forgiveness."

He described the heartache of watching his daughter waver under the weight of suicidal thoughts and fears that keep her from simple milestones like being able to hold a part-time job and dating boys her own age.

"We have failed as parents. But we will fail no more."

The family left the courtroom together, arms around each other.

Mittelsteadt left with a security guard.

He has resigned from his teaching post and will spend the next two years less a day in a provincial jail.

Good grief! 2 years less a day! That means he will be out next year. What kind of sentence is that? Did the judge miss the part where it ruined her life? Did he miss the suicidal thoughts, the depression, the lost innocence? Does he care that this creep will be back out and probably molesting some other little girl by next summer? He changed this girl's life and made it a hundred time harder than it had to be. Canada's judges takes absolutely no account of the suffering of and danger to children when they sentence perverts and pedophiles. It's so pathetic!

40 Washingtonians, 13 from Spokane Arrested in Child Sex Sting

More perverts than police can process

Lindsay Nadrich , KREM

SPOKANE, Wash. – Spokane Police Detectives have arrested 13 people in connection to a child sex sting operation.

Nine people are due in court Monday facing charges related to child rape. Four people appeared in court the week before on similar charges.

After detectives posted an ad on Craigslist, they said they were inundated with responses.

Detective Sergeant Carlos Rodriguez texted Robert Dahms. 

Dahms texted "I love young and I don't care how young!!! I'd love to do anything!!!"

Throughout the text conversation, Detective Sgt. Carlos Rodriguez replied with statements like, "Not sure if this is for you. Unless you like young." I like young boys." Those response are PG compared to the rest, so just imagine what these undercover detectives go through every day to catch predators.

“It's physically and mentally, it's hard, and often times I have people say, you know, I don't know how you could do this job, but, and I said that myself,” Rodriguez said.

I don't know how you do it, but thank God you do.

Court documents said they were arrested as part of a five day sting called “Operation Net Nanny” that involved several state and federal law enforcement agencies. As part of the operation, an undercover officer posed as a mother offering her three children, ages 6, 11 and 12, to others for sex in a Craigslist ad.

Statewide, that ad lead to 40 arrests and 13 of those were in the Spokane area.

“New to Spokane. Young fam fun.” That was what one of the fake ads said posted on Craiglist by an undercover detective.

“In this case we used a number of different personas in different ways where we went out and we talked to people who wanted to do bad things to children,” Detective Sergeant Rodriguez said.

In just five days, detectives received more than one thousand responses.

“People sometimes say we had 1,000 responses, but we only arrested 13 people, those are 13 people that can no longer hurt children in this community,” Rodriguez said.

In texts exchanged with suspects, detectives said, "My girls are 6 and 11. My son is almost 13."

“We're targeting people who have a sexual interest in being with kids and raping children, there's no other way to put it,” Rodriguez said.

Spokane is a city in eastern Washington with a population of more than 200,000

"Operation Net Nanny" has been going statewide for about 20 days. In that time, detectives have arrested 40 people, so on average that's two arrests per day.

Of those 40 people only two were registered sex offenders. So, the majority of people were not even on their radar.

I had parents that traded their daughter for a trailer

“Sadly we had way too many people wanting to do this type of activity and I don't' know what that says about our society right now,” Sheriff Ozzie Knezovich said.

Nothing good, that's for sure.

Thankfully, when these people went to meet up with children, detectives were there instead. But unfortunately, that is not always the case.

“When I was a sex crimes detective, I had cases like this, I had parents that traded their daughter for a trailer,” Knezovich said.

Court records show a married couple were two of the people who responded to the ad. Tim and Sandra McManis were arrested for 1st and 2nd degree Rape of a Child. Court records show Tim responded to the ad saying he and his wife have fantasied about having sex with younger people but had never had the opportunity.

Documents state that Tim was told the ages of the children and still agreed to meet up with the mother and her children. The couple was arrested on July 7 at a meet up location.

Officials also arrested Jason Lee Borseth on charges of Rape of a Child, Commercial Sexual Abuse of a Minor and Violation of the Uniform Controlled Substance Act. Court documents state Borseth had offered the mother drugs in exchange for sex with one of her children.

He was arrested on July 7 at the 7-Eleven off of Argonne and Bridgeport in Spokane.

Detective Sgt. Carlos Rodriguez said knowing he is protecting real children is what keeps him going.

“I've shown up and I've had to interview and listen to interviews when there is the 6-year-old, and there is the 11-year-old, when you have these children that have been affected and this, I mean I'm happy to meet these people I'm glad it's me. I'm glad it's not that little kid and that's the reward of why you need to keep doing something like this,” Rodriguez said.

This sting operation is still ongoing. Detectives are now working to determine if any of the people arrested came into contact with real children.

Rodriguez said they plan to do more operations like this in the future... but says resources are stretched thin.

“If it was up to me, I would do it every day, but the reality of it is we just can't do that because we do need to make sure that these cases are investigated the right way,” Rodriguez said.

Detectives also arrested Robert Dahms on July 7 at the 7-Eleven at Argonne and Liberty. Court documents said he agreed to meet up with the mom to have sex with the 11-year-old daughter. Officials said Dahms is a convicted felon in Idaho for having sex with a minor under the age of 16 and has a history of drug abuse.

Thomas Bramblee, Mechel Frederick, Glenn Hampton, Steven Hunt, Christopher Luman, Reggie Oliver, Eduardo Populus, Joseph Siria, and Sean Stevenson were also arrested in the sting. They were all scheduled to make court appearances on Monday.  

Child-Luring - It's Happening Everywhere

Child luring is performed mostly by men and for the express purpose of having sex with an underage child

I wrote 'mostly by men' because it is certainly not exclusive of women. There have been at least a few cases where women will actually lure a child for the express purpose of being raped by her partner.

Pennsylvania Pick-up

State police in Lancaster County are seeking a man accused of attempted child luring in Leacock Township last week.

child-luring-suspect

(Right) A drawing of the man sought for attempted child luring in Lancaster County, by Pennsylvania State Police

Police said the man asked a 14-year-old girl to get into his gray sedan around 8:30 a.m. on Sept. 1. The man fled the scene at Yost and Tabor roads when the girl did not get in the car, police said.

The man is described as 25 to 30 years old, with shaved or short hair, and a reddish brown beard.

Anyone with information on the incident is asked to contact state police in Lancaster at 717-299-7650.

Virginian in Jail in British Columbia

Police in Abbotsford, B.C., have arrested a 33-year-old Virginia man who met a 13-year-old girl on social media, started texting with her, then spent the night with her in a hotel room last weekend.

Joshua Michael Napoli, of Newport News, Virginia, is charged with sexual assault against a child, child luring, and sexual interference.

Napoli first met the Abbotsford girl over social media in July 2015, said Abbotsford police.

"Numerous texts were sent back and forth and ultimately a plan was hatched where the 33-year-old would make his way into British Columbia," said Const. Ian MacDonald.

Napoli rented a hotel room in Abbotsford on Saturday. The girl met him there, and stayed until the next day, but left the hotel and contacted her guardian, who contacted police.

Investigators arrested Napoli outside the hotel room on Sunday.

"This incident serves as a reminder for all parents to be aware of the online activities of their children," said MacDonald.


Victoria Police also Charge Man for Luring

CTV Vancouver Island 

A Victoria man accused of attempting to lure underage girls online is facing 13 related charges, prompting police to ask any other possible victims to come forward.

Police said parents of some of the alleged victims contacted them with information that led to the charges. Those victims include five youths between the ages of 12 to 17.

Aaron Craig, 28, faces three counts of luring a child under the age of 14, two counts of luring a child under the age of 18, four counts of communicating or obtaining sexual services of a person under the age of 18 and two counts of uttering threats, according to Victoria police.

He was arrested Friday and remains in custody.

Craig was also charged with three counts of breach of probation because he was specifically prohibited from contacting young girls online due to “previous similar incidents,” police said.

None of the children were physically harmed.

Police believe there could be other victimized youth, and are asking parents to check in with their kids to find out.

“If you discover that someone has been inappropriately contacting your kids online, consider reporting to your local police or through cybertip.ca,” Det. Sgt. Kristi Ross said in a statement.

Police are also urging parents to discuss online safety with their children, especially when it comes to geo-tagging options that can give away a person’s location based on where they post to social media.