ROCKVILLE, Md. - Henry Sanchez Milian, one of two teens accused of raping a 14-year-old girl in a Montgomery County high school bathroom is presumed innocent, his defense attorney, Andrew Jezic, said Friday.
“Mr. Sanchez Milian is presumed innocent and we’re very hopeful that 12 jurors from Montgomery County will find him innocent,” said Jezic.
Sanchez Milian, and 17-year-old Jose Montano, are accused of raping the 14-year-old girl in a bathroom stall at Rockville High School last Thursday. Sanchez and Montano were arrested the same day of the alleged incident. Jezic says that Sanchez’s position will be that the encounter was preplanned and consensual.
“There is evidence that will come out later I believe that this was a planned encounter with this young lady and at least one of these gentlemen,” Jezic explained.
In Maryland, in order to have statutory rape where consent is not a defense, the victim needs to be four years younger by the day from the perpetrator, according to Jezic. He says in this case the victim is three years and eight months younger than Sanchez.
Watch FOX 5's Bob Barnard's interview with Jezic:
Sanchez Milian, who is from Guatemala, came to the U.S. illegally in August and was encountered by a U.S. Border Patrol agent in Texas, federal immigration officials said. He was eventually released to live with his father, Jezic said.
“He was stopped at the border and detained by ICE [Immigration and Customs Enforcement]. He was detained for 12 days, but then ICE made the discretionary decision to simply let him go. They put him on a plane in Texas, and his father had to pay for the ticket. His father picked him up at BWI airport, and he's been in this country with the full awareness of ICE,” Jezic explained during his interview with Fox 5’s Bob Barnard.
Jezic says there have been many underage people who have come through the border in the last year.
"Immigration doesn’t have the resources to deal with everyone coming in, so they detain them, investigate them and find out if there is gang affiliation, any record in their home country or in the United States," Jezic says. If not, they generally release them, and they are instructed to appear in court at a time given, he explained. As for Sanchez Milian, Jezic says that he will be getting notice from ICE. There will be a court date, and he will be represented by Jezic there.
“We are going to aggressively assert a claim of asylum for this young man because he was fleeing gang violence and gang threats in his hometown,” according to Jezic said.
Jezic says there is more favorable evidence in his client’s case that is going to will come out in the days to come.