May 05, 2017•Update: May 05, 2017
By Michael Hernandez
WASHINGTON
Prosecutors have dropped rape charges against two migrant teens in the U.S. state of Maryland on Friday in a case once touted by the White House as exemplifying the need for tougher immigration laws.
Rockville High School students Jose Montano, 17, and Henry Sanchez-Milian,18, were accused of raping a 14-year-old fellow student in a school bathroom. Both were charged as adults.
The case drew national attention not only because of the severity of the claims, but because Sanchez-Milian is an undocumented migrant originally from Guatemala.
White House Spokesman Sean Spicer called the case "tragic", saying that "part of the reason" President Donald Trump "has made illegal immigration and crackdown such a big deal is because of tragedies like this".
"This is why he's passionate about this," added Spicer .
The White House did not immediately retract the claim during Friday's press briefing after the prosecutor's decision was announced. Spokeswoman Sarah Huckabee, who was standing in for Spicer, said, "Sean was speaking about what he knew at the time."
But prosecutors said Friday that there were “substantial inconsistencies” in testimonies from witnesses that have rendered prosecution "untenable".
"Facts in this case do not support the original charges," Montgomery County State’s Attorney John McCarthy said.
Defense lawyers had maintained that the sexual encounter was consensual.
Sanchez-Milian now faces child pornography charges.
The Washington Post reported that his attorney, Andrew Jezic, called the charges “selective prosecution of elective promiscuity".
"It is hardly uncommon behavior for teenagers,” he said.
The charges reportedly stem from lewd photos of the accuser that were on Sanchez-Milian's phone. The girl had sent the photos to Montano who then sent them to Sanchez-Milian, the Post quoted Jezic as saying.
