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The day before the incident, they said, the girl and Montano exchanged explicit text messages and images about planning to have sex in the school.
Then, inside the school, surveillance video showed Montano and the girl walked together into the bathroom at the time of the incident, according to the attorneys.
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Defense attorneys said they were willingly shared by the girl with one defendant, who passed them along to the other.
Sanchez Milian’s attorney, Andrew Jezic, called the charges “selective prosecution of elective promiscuity,” adding that “it is hardly uncommon behavior for teenagers.” Montano’s attorney, Maria Mena, said the child pornography laws are made to go after adults.
The severity of the reported assault — the girl originally told police the suspects held her down as she cried and repeatedly told them to stop — and that the two accused teens had entered the United States illegally only months earlier drew heated comments from the White House to the Maryland State House and to activists in the county. Demonstrators converged on county government offices and hundreds of calls, emails and texts went to the school system, bashing undocumented immigrant students, assailing school policies and demanding the ouster of the superintendent. In Annapolis, politicians referred to the case in denouncing legislation that would have limited cooperation between local police and immigration authorities. Immigration advocates and the county schools superintendent publicly spoke out about the charges, voicing horror and regret and also saying politicians should not judge immigrant children seeking a better life by the disturbing case.
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Sanchez Milian then entered the stall, according to girl’s account in the affidavit, and both raped her as she cried out and told them to stop.
Montano “denied having any sexual contact with [the victim].