Maryland man accused of sexually assaulting three young teens

 

Police say as far back as December of last year, Portillo began sexually abusing a 14-year-old girl and at one point, according to a charging document, "claimed" her as his "girlfriend"

...Portillo would meet the 14-year-old at parks in Damascus and go for walks, according to a charging document. The victim told police he would pick her up from school to hang out frequently...

Maryland man accused of sexually assaulting three young teens – NBC4 Washington

MCPS faces criticism for employing 2 former principals involved in 2018 assault cases

MONTGOMERY COUNTY, Md. (7News) — At a February 8 Montgomery County Council meeting about the Inspector General report on MCPS' complaint processing, a councilmember referred to the 2018 Damascus High School sexual assault case.

Laurie-Anne Sayles asked MCPS Chief of Human Resources April Key a pointed question about the school's former principal and head football coach.

"Is the coach and principal still employed by MCPS?" she queried.

"Yes, they are," answered Key regarding former Damascus High Principal Casey Crouse and former coach Eric Wallich...

https://wjla.com/news/local/montgomery-county-public-schools-mcps-faces-criticism-for-employing-former-principals-involved-in-2018-assault-cases-damascus-gaithersburg-high-school-councilmember

Councilmember Sayles and Luedtke - FYI: The former @mcps Damascus High School principal is hardly "just on the books," she is now an expert advisor to MCPS.

At the Montgomery County Council's joint committee hearing yesterday on the Inspector General's report on the investigation of MCPS' promotion practices, one topic that came up was how MCPS has been known to remove principals and other staff from schools and place them in the MCPS human relations department.  

Councilmember Luedtke's questioning gave the impression that MCPS just puts staff in HR as a bookkeeping formality and that the staff placed in human resources who are involved in controversial school matters are "just on the books."

Earlier in the hearing, Councilmember Sayles had asked about the status of the former Damascus High School principal and coach who were at the school during the time of the football locker room hazing and rape incidents.  

MCPS administrator April L. Key, Chief, Human Resources and Development, responded to questioning that yes, the former Damascus High School principal and coach at the time of the hazing rape incidents were still employed by MCPS. 

What Ms. Key did not relate is that not only is the former Damascus High School principal still employed by MCPS, still listed as working for the Office of Human Resources and Development, but she is also now considered an expert on sexual harassment claims and is advising MCPS on the corrective action plan.  

The former Damascus High School principal is hardly "just on the books," she is now an expert advisor to MCPS.  

People assigned to HR that are "just on the books."  

 

Sayles: "This past September MCPS was ordered to pay what was reported to be the largest settlement of its kind in the state.  Nearly $10 million dollars to the four victims of the 2017 - 2018 football hazing sexual assault case at Damascus High School.  Is the Coach and Principal still employed by MCPS, that was there during that time frame?

Key: "Yes, they are."

 

What did MCPS’ McKnight know about harassment scandal, and when did she know it?

Redactions in law firm report indicate she was aware of inquiry but didn’t immediately tell school board

https://moco360.media/2024/01/22/what-did-mcps-mcknight-know-about-harassment-scandal-and-when-did-she-know-it/

@MCPS Superintendent Monifa McKnight fights ouster @mocoboe

She says ‘no justification’ for request from school board, vows to ‘defend my reputation’

Montgomery County Public Schools Superintendent Monifa McKnight is fighting a move from the Board of Education, she announced Monday afternoon.

“Officers from the Board of Education indicated last week their desire for me to step away from my role as superintendent, providing me with no justification for their request. The Board has never written, documented, or communicated any concern about my performance, and through the evaluation process has consistently affirmed that I have met expectations...

https://moco360.media/2024/01/22/mcps-superintendent-monifa-mcknight-fights-ouster/

Watchdog finds evidence of misconduct by Montgomery middle school principal

An investigation by Montgomery County’s inspector general found that a former middle school principal violated the system’s sexual harassment and bullying policies, including making repeated comments about the appearance of female subordinates and having a sexual relationship with someone he supervised.

Joel Beidleman, former principal of Farquhar Middle School, was placed on administrative leave in August after an investigation by The Washington Post found Montgomery County Public Schools had received at least 18 reports alleging misconduct by him dating back to 2016. After the report, the school system — Maryland’s largest — hired the Baltimore-based law firm Jackson Lewis to investigate The Post’s findings. The law firm identified additional complaints, making the total 25...

https://wapo.st/48aPv3t

Exclusive: Day 1: Jane Doe et.al. v. Montgomery County Board of Education - Plaintiff's Witness Wrestler #3

Warning:  This is coverage of a trial involving rape and sexual abuse.

Jane Doe et. al. v. Montgomery County Board of Education et. al.  Montgomery County Circuit Court #482727V

This November 2023, civil trial in Montgomery County, Maryland was not covered by the media.

The public only learned about this trial when the November 17, 2023, jury verdict and award was reported by FOX5.  

The Parents' Coalition is providing the public with rough notes from the civil trial Jane Doe et. al. v. Montgomery County Board of Education in Montgomery County Circuit Court.  

The trial was before Montgomery County Circuit Court Judge Kevin Hessler. 

This is not a transcript.  Please consult the Montgomery County Circuit Court for a copy of the transcript of what transpired at trial.  

Additional postings of notes from this trial can be found at this link. 

~~~~~~~~~~~~~

The following are notes from the Plaintiff's witness, Wrestler #3 [W3]

Plaintiff's Direct Examination of W3:

W3 said he is 22 years old.  Works at family salon.  2019 Gaithersburg High School grad.  Wrestler in his junior and senior years.  

Lights were turned on and off in the locker room.  

It's been a long time, can't remember other injury.

Remembers Plaintiff walked out of wrestling room.  

Q:  Did you record video?  Yes.  Snapchat story shared with friends.  

VIDEO WAS PLAYED FOR JURORS

Audio from video:  stop, stop, stop, smells like shit, stop, stop, stop

Q:  Why did you take this video?  Way to get more people to join the wrestling team.  Video shows we're fun here.

Wrestler #4 [W4] sent the video to Coach Britton.

Q.  Was Coach Moore in the locker room when you recorded?  No 

Q.  Was Coach Britton in the locker room when you recorded?  No

I thought the video was funny.  

I thought it was a serious incident when they suspended me.  All I know is something happened, and Plaintiff left.  I was scared, shocked, memory blurry.  

Saw teammates in dogpile.

W1 was surprised or something when he got out of dogpile.  

Saw Plaintiff walking out.  He looked upset or something. Upset and angry.  

Some wrestlers were surprised.  

W1 said to W2, what you do?  Why did you do that? Why did you go do that for? 

Coach said we shouldn't do that, go do stretching.  And we were told Plaintiff left the wrestling team.  

Coach said that was wrong. 

Cross-Examination from Defendants:

Coach came in and out of room.  Not sure where he was.  Generally, nearby. 

Never heard the word "initiation."  

Turning off of lights was random.  Not every day.  It happened before Plaintiff joined the wrestling team.  Never saw any bullying.  

Coach Britton did not tolerate goofing off. 

Team was supportive of each other.  Plaintiff was a good wrestler.  

I took video for recruitment purposes.  Saw everyone laughing, having fun.  Maximum of 20 people could see the Snapchat video.  Did not post video to embarrass Plaintiff.  Took down the video when Plaintiff was upset.  Never saw anyone hurt Plaintiff.

Redirect from Plaintiff:

Q:  You were suspended?  Yes

Q:  You were suspended for videotaping incident?  Yes

Q:  For bullying and harassment?  I shouldn't have been suspended.

Exclusive: Day 1: Jane Doe et.al. v. Montgomery County Board of Education - Plaintiff's First Witness MCPD Detective Amber R.

Warning:  This is coverage of a trial involving rape and sexual abuse.

Jane Doe et. al. v. Montgomery County Board of Education et. al.  Montgomery County Circuit Court #482727V

This November 2023, civil trial in Montgomery County, Maryland was not covered by the media.

The public only learned about this trial when the November 17, 2023, jury verdict and award was reported by FOX5.  

The Parents' Coalition is providing the public with rough notes from the civil trial Jane Doe et. al. v. Montgomery County Board of Education in Montgomery County Circuit Court.  

The trial was before Montgomery County Circuit Court Judge Kevin Hessler. 

This is not a transcript.  Please consult the Montgomery County Circuit Court for a copy of the transcript of what transpired at trial.  

Additional postings of notes from this trial can be found at this link. 

~~~~~~~~~~~~~~~~~~~~~~~~~

The following are notes from the Plaintiff's first witness, Montgomery County Police Detective Amber R.

Plaintiff's Direct Examination of Detective:

Detective with Special Victims/Child Abuse unit.  Received a phone call at 5 PM on February 9, 2018, from a Gaithersburg Police Officer who had taken a report from the victim's mother. She set up an appointment to meet with the victim and his mother on Friday, February 12th. 

During the February 12th interview, the detective was speaking to the mother in an office and the victim was in the waiting area.  All of the sudden, other people from the wrestling team that were involved in this incident began showing up at her office.  

Q: How did the other wrestlers know to show up at the Detective's office while she was interviewing the victim?  

The Gaithersburg High School Principal, Dr. Christine Handy had told them that the Special Victim's unit had taken over and that she was the detective.  

Detective said she would absolutely never invite people that were alleged suspects to be in the same hallway with the alleged victim.  The Detective left the office where she was meeting with the mother and went and searched for the victim.  She found him hiding behind a door.  The presence of the other wrestlers and their parents were causing him fear.  The Detective said she apologized to the victim.

Later the Detective interviewed W1 because he was already there with his parents.  W1 wrote an apology letter to the victim while he was in the police station.  W1 wrote the letter on his own.  

Detective wasn't expecting W1 (Wrestler #1) on February 12th.  Detective needed to interview W1 again on February 14th.  

The Gaithersburg High School Assistant Principal had conducted a good bit of an investigation that Detective said she would typically have done.  Statements had already been taken by Gaithersburg High School staff prior to police involvement.

Detective said if police are behind in the investigation, they might be missing what happens on social media.  

Attempted to interview W2. Attempts to contact W2 failed. Then an email was received that W2 had obtained an attorney and declined to be interviewed.  

Detective was investigating 3 incidents:

• locker room where wrestlers dropped shorts to expose bare buttocks
• run through school where victim was shoved into the locker
• dog pile in wrestling room where victim was digitally penetrated

Detective interviewed W3 who recorded the incident and he had been suspended on February 12th.  W3 admitted to making the video.  

Detective interviewed Coach Moore.  His recollection of what happened in the wrestling room was that - all the wrestlers run in, someone yelling "stop, stop, no not again."  The kid (victim) never talks, then he (Coach Moore) looked up, then went back to wrestling with one of the students.  Wrestlers were jumping on each other.  Victim says "stop, stop," Coach Britton came in.  

Cross-Examination from Defendants:

None

Exclusive: Day 1: Jane Doe et.al. v. Montgomery County Board of Education - Opening Statements of Plaintiff and Defendants

Warning:  This is coverage of a trial involving rape and sexual abuse.

Jane Doe et. al. v. Montgomery County Board of Education et. al.  Montgomery County Circuit Court #482727V

This November 2023, civil trial in Montgomery County, Maryland was not covered by the media.

The public only learned about this trial when the November 17, 2023, jury verdict and award was reported by FOX5.  

The Parents' Coalition is providing the public with rough notes from the civil trial Jane Doe et. al. v. Montgomery County Board of Education in Montgomery County Circuit Court.  

The trial was before Montgomery County Circuit Court Judge Kevin Hessler. 

This is not a transcript.  Please consult the Montgomery County Circuit Court for a copy of the transcript of what transpired at trial.  

Additional postings of notes from this trial can be found at this link. 

~~~~~~~~~~~~~~~~~~~~~~~~~

The following are notes from the Opening Statements to the jury given by the attorneys for the plaintiff and defendants.

Plaintiff's Opening Statement (Jane Doe et. al.)

This case involves incidents at Gaithersburg High School.  The plaintiff was a 14 year old freshman at the time of the incidents.

This case involves the standard of care of the school system and the school system's accountability for what happened. 

In January and February of 2018, the plaintiff was 14 years old and was sexually assaulted in the school building.

The plaintiff moved to Gaithersburg and tried out for the wrestling team.  He made the JV team. 

Coaches Eric Britton and Daniel Moore ran the JV and Varsity practices together.

Plaintiff's first week of practice, someone started holding him down and slapping him on the rear end.  Plaintiff began changing in the bathroom to avoid the locker room, but still had to be in the locker room to use his locker.  Someone would turn out lights and scream "initiation time."  Other wrestlers would rub their rear ends on plaintiff's face and body. Then, other wrestlers would hold plaintiff down and put their finger through his compression shorts into his rectum.  

On Thursday, February 8, 2018, wrestlers posted on team snapchat that they were going to sexually assault plaintiff later that day.  A wrestler posted on snapchat that they were going to "stick his sausage in [plaintiff] and make [plaintiff] lick the chocolate off of it." Plaintiff was very concerned when he saw this snapchat post. 

This was not new behavior for Wrestler#1 (W1).  W1 was well known for behavior issues.  W1 got a pass because he was one of the stars of the team.  

One incident on February 8, 2018, was caught on film by another wrestler.  

Video of assault was posted on social media where it went viral throughout school.  

Coach Moore was in locker room when plaintiff was jumped by other wrestlers in what is termed a dog pile.  Plaintiff was held down, shorts pulled down and other wrestlers rubbed their buttocks on plaintiff and punched his testicles, then a finger in his buttocks.  Plaintiff said "stop" four times and then said I quit.  

Coach Moore told police he heard plaintiff say stop, stop, stop, no, but didn't bother to check and ignored situation.  

Later plaintiff posted, I'm sick of you raping me, rubbing asses, punching my balls, slapping my ass."  To which W1 responded, we all went through this, why do you have to be such a bitch.  

Where were the adults?  That is the question in this case.  

MCPS violated their own rules, violated the athletic handbook by not providing effective locker room supervision at all times.  

Plaintiff is a courageous young man.  He knows this has to be brought to justice as the Montgomery County Board of Education has never accepted responsibility. 

This trial is a time for accountability. Reject anything that says that is OK because it is boys.

MCPS had a duty to supervise.  A verdict for the plaintiff is a verdict for school safety.

Defendants' Opening Statement (Board of Education, Coach Britton and Coach Moore)

Defendants' attorney started out by stating, "Mr. Maloney [plaintiff's attorney] is a good storyteller.

The wrestlers are not defendants.  They are suing dedicated public servants." 

Coach Britton is a MCPS special education teacher who enjoys wresting and mentoring students. He has two children. 

Coach Moore is young, fit, would actually wrestle with the kids. He has a day job and has a brand-new baby. 

There is only one issue in this trial. Whether or not the supervision of these students was negligent. 

The plaintiff describes the incidents very differently.  Listen to the testimony.  

Supervision is like parenting.  

MCPS has a policy that "athletes must be supervised at all times."  What does that mean?  It's broad. [MCPS Athletic Director] Sullivan will tell you it is defined broadly for a reason because it depends on circumstances.  Middle school students need different supervision than high school students.  High school students can't be watched all the time.  Not possible.  Just like parenting. 

Coaches in high school are not required and not expected to watch athletes change.  They are expected to be generally around, in the vicinity.  Athletes should know where to find them.  Coaches do not stay in locker rooms.  

Wrestlers were properly supervised at all times.  

Only person who has a different version of this is the plaintiff and "he has everything to gain."

Wrestling team has a zero-tolerance policy.  Coaches had no access to snapchat.

February 8th:  3 locations - locker room, hallway, wrestling room

Video of incident:  4 wrestlers mooned plaintiff.  It is a 22 second video.  They were having fun. Everything is in video.  They were mooning each other.  Plaintiff is the only one who describes it that way.

The Board of Education recognizes this was bad.  All of the wrestlers were suspended, prohibited from rest of season.  

Before February 8th, wrestlers would tap each other on the butt.  Coach would say stop.  Call parents.  There had never been a sexual assault in the wrestling team - ever.

What happened was bad, it was unexpected.  It hadn't happened before.  

All plaintiff's friends went to Quince Orchard High School.  Plaintiff had applied for a change of school assignment and been denied.  He got a change of school assignment the day after the incident, and he was happy about the transfer.

The plaintiff went to therapy after the incident, graduated on time, is thriving, therapy helped him.  

The school system is not the insurer of safety of students but has to act as a reasonably prudent parent would act.  

Was the school system reasonably supervising these spaces - locker room, wresting room - the answer is yes. 

We were not negligent in supervision.

Next post: Plaintiff's first witness, Detective Amber R.

Parents, Principal React to Alleged Sexual Assault at Twinbrook Elementary

An alleged assault by one elementary schooler on another on the Twinbrook Elementary School playground has caught the attention of parents, community members and the school’s principal.

Earlier this week, in a post on the neighborhood engagement app NextDoor, a distressed mother posted a report about her daughter being assaulted on the playground during recess at Twinbrook Elementary School in Rockville.

On Wednesday, Matt Devan, principal of Twinbrook Elementary, sent a letter to the Twinbrook Community stating, “School administrators…are working with our school counselors, the MCPS Office of School Support and Wellness and Montgomery County Agencies to follow all the established protocols to ensure a thorough investigation and ensure student safety.”

Devan also refers to parent reactions on social media creating “a number of concerns.”..

...MCM was alerted to this incident by the Parents Coalition of Montgomery County.

Parents, Principal React to Alleged Sexual Assault at Twinbrook Elementary - Montgomery Community Media (mymcmedia.org)

Former Gaithersburg High School wrestler awarded $4 million in damages in sexual assault case

...Montgomery Parents Coalition leader Janis Zink Sartucci told FOX 5 that, once again, Montgomery County school officials refuse to speak out on the case.

"We have one very clear pattern here in Montgomery County, and that clear pattern is of the adults in charge hiding," he said. "We don’t see them speaking about these cases. We don’t see them standing up for victims. We don’t see them supporting the victims in any way, shape or form."

FOX 5 reached out to Montgomery County Public Schools and received no reply...

 Former Gaithersburg High School wrestler awarded $4 million in damages in sexual assault case (fox5dc.com)

Montgomery County Schools settles lawsuits stemming from Damascus broom rape scandal

In October 2018, three junior varsity football players were sexually assaulted by at least five other teammates in the team locker room.

DAMASCUS, Md. — Montgomery County Public Schools will pay almost $10 million to settle lawsuits brought by four former Damascus High School football players who said they were sexually assaulted by teammates with broomsticks in 2018, an attorney for one of the victims told WUSA9.

The lawsuits were filed in 2020 against Montgomery County Public Schools, two former Damascus administrators, and two former members of the high school's football coaching staff...

Damascus High School broom rape lawsuits settled by MCPS | wusa9.com

Montgomery County Schools to pay $9.7M in Damascus sex assault settlement

... "The Board Of Education has agreed to pay these four young men who were sexually assaulted at Damascus High School a total of $9.7 million dollars, and that appears to be appears to a record settlement in the State of Maryland," said attorney Timothy Maloney. 

In a statement to FOX 5, MCPS wrote that they have "taken extensive measures to prevent such incidents from happening in the future. This is protocol rooted in an increase in monitoring and oversight of all locker rooms across our school district." 

But the Parents Coalition of Montgomery County says they've had to fight for transparency. 

"We don’t see a system that says, whoa, whoa, we made a mistake, and now we have to be serious about this. No, in fact, we don’t see that at all. We see a repeat of the same pattern over and over," said Janis Zink Sartucci from the Parents Coalition of Montgomery County. 

The lawsuit was moved to federal court in February 2021. As part of this nearly $10 million settlement, MCPS continues to deny all liability. 

Montgomery County Schools to pay $9.7M in Damascus sex assault settlement (fox5dc.com)

Breaking: MORE VICTIMS Come Forward with Allegations of Abuse Concerning Former @mcps Cloverly Elem. Teacher John Vigna

Today, in Montgomery County Circuit Court a Status Hearing was held on the re-trial of former MCPS Cloverly Elementary School teacher John Vigna.  Mr. Vigna's previous conviction was recently vacated and a new trial has been set for 2024.

At the Status Hearing today, the Montgomery County Prosecutor revealed that new initial reports of abuse concerning Mr. Vigna have been received and are being investigated by Montgomery County Police.  The Prosecutor stated that if the new allegations of abuse are similar to the allegations in the matter before the court now, they may wish to join those allegations to this proceeding.  

Report publicly released on Loudoun County Public Schools' handling of sexual assault investigation

LEESBURG, Va. — A report on a sexual assault investigation in Loudoun County Public Schools was released by a judge on Thursday in a redacted form.

The report looks into the handling of two 2021 sexual assaults that happened at two different schools by the same student. The unidentified then-14-year-old student was transferred to another school within the same district while he was being investigated for a reported attack at the first school. 

The report does contain graphic details about sexual assault and should be read with caution. WUSA9 has spoken with the family and made the report available with those details per the family's wishes. Click here to read.

LCPS report on sexual assault investigation released | wusa9.com

Damascus High ‘brooming’ sex assault lawsuit can go to trial, judge rules. [...school officials knew of at least three, earlier sexual assaults inside Montgomery County high school locker rooms...]

The federal litigation stemmed from locker-room sex assaults by junior varsity football players in Maryland

...“Plaintiffs have put forward evidence that a reasonable jury could conclude that reckless or callous indifference occurred here,” U.S. District Judge Peter Messitte said from the bench.

Attorneys for the families say that school officials knew of at least three, earlier sexual assaults inside Montgomery County high school locker rooms, including an alleged 2017 incident among Damascus football players involving a broomstick that has emerged as perhaps the most critical and contentious part of the litigation. The families also say school officials, partly motivated to protect the powerhouse football program, allowed a player to remain on the JV squad despite his history of violence and sexual harassment, and that they left the JV locker room unchecked for an hour every day between the end of classes and the start of practice...

 https://wapo.st/3o1DMCT