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Let’s Talk About Rights

Montgomery Co. Police, Maryland State Attorney Respond to State Lawmakers' Request for Investigation into Ford Allegations

On Wednesday, 11 of the 24 lawmakers that make up the Montgomery County House delegation sent a letter to county police and the Maryland State Attorney urging them to open an investigation into Dr. Christine Blasey Ford's sexual assault allegations against Judge Brett Kavanaugh, The Washington Post reported.

“We request an investigation be conducted if Christine Blasey Ford or other complainants support such an investigation,” the letter said. “We believe local law enforcement has the authority to investigate allegations of crimes without need for a formal complaint, and we further believe third parties have standing to bring such complaints."

The letter was signed by Dels. Kumar Barve, Al Carr, Bonnie Cullison, Ariana B. Kelly, Marc Korman, David Moon, Pam Queen, Kirill Reznik, Shane Robinson, Ana Sol Gutierrez and Jeff Waldstreicher.

The Montgomery County Chief of Police and the Maryland State Attorney's Office sent a joint response to Delegate Ariana B. Kelly saying that Dr. Ford must come forward to file a criminal complaint against Kavanaugh in order for them to launch an investigation. Kelly was also reminded that the statute of limitations ran out in Ford's case:

September 28, 2018
Ariana B. Kelly
Democratic Caucus Chair
Montgomery County House Delegation
Lowe House Office Building
6 Bladen Street
Annapolis, Maryland 21401

Dear Delegate Kelly:

This letter is in response to your September 25, 2018 request that the Montgomery County Police Department and State's Attorney's Office open a criminal investigation involving sexual assault allegations against Judge Brett Kavanaugh. First, let us be clear that our agencies take seriously all criminal reports of sexual assault or rape against any victim. The decision to report the crime of sexual assault or rape to law enforcement is a deeply personal one and a decision that must be made by the survivor. Our agencies understand and appreciate the impact that sexual assault has on survivors and investigates all reports to law enforcement to the fullest extent.

Law enforcement agencies and victim advocacy groups from around the nation promote a victim-centered policy toward sexual assault investigations. Efforts to note revictimize the sexual assault survivor are essential. We agree with the Maryland Coalition Against Sexual Assault and their Executive Director, Lisae Jordan, that the willingness of a survivor to come forward to law enforcement is an important factor in any criminal investigation. We remain prepared to investigate any allegations, should a victim come forward.

To date, there have been no criminal reports filed with the Montgomery County Department of Police that would lead to the initiation of any criminal investigation related to Judge Kavanaugh. Furthermore, the law at the time the offense occured is the law that must be applied to any charges that might be brought. For example, in 1982, assault and attempted rape were both misdemeanors and subject to a one-year statue of limitations. The Montgomery County Police Department and the Montgomery County State's Attorney's Office stand ready to investigate any sexual assault allegations from any victim where the incident occurred in our jurisdiction.

J. Thomas Manger
Chief of Police
Montgomery County Department of Police

John J. McCarthy
State's Attorney
Montgomery County, Maryland

President Donald Trump agreed to a limited FBI investigation late Friday night. 

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