September 22, 2016

The Honorable John McCarthy

States Attorney for Montgomery County
50 Maryland Avenue
5th Floor
Judicial Center
Rockville, MD 20850
J. Thomas Manger
Chief of Police
Montgomery County Police Department
100 Edison Park Drive
3rd Floor
Gaithersburg, MD 20878
Dear States Attorney McCarthy and Chief Manger:
In light of the recent BuzzFeed News investigative article Unfounded, we believe it would be helpful to
hold a meeting with MCPD and States Attorneys Office to identify areas of improvement so as to
collaborate to better serve victims of sexual assault. Given the complexity of rape investigations, we see
this as an opportunity to look into ways that we can support MCPD, first responders, and prosecutors in
the attempt to improve our Countys practices. As such, we intend to hold this discussion as the opening
of the delegations Annual Priorities Hearing on November 16 immediately after the County Council
concludes its presentation.
During this discussion, we would like to discuss existing procedures, practices and policies for rape
investigations. We would like to hear your perspective on whether revisions to the rape and 1st and
2nd degree sexual offense statutes would strengthen law enforcements ability to effectively investigate
rape cases and whether further training for law enforcement officers in this area should be provided.
While the bulk of the article was about the Baltimore County Police Department, the article shows that
according to FBI statistics, Montgomery County Police have declared 24% of reported rape cases as
unfounded between 2009-2014 compared to a national average of 7% during this same time
period. While this information was published without context it is concerning to us and our constituents.
As you know, Baltimore County Police Chief Jim Johnson announced that BCPD will conduct a 3-year
review of all unfounded rape cases; he is being urged to have third party experts conduct the
review. We would like to discuss having a similar review conducted of Montgomery County
cases. Though we appreciate that the statistics in the BuzzFeed article may be without context, we want
to be sure that any viable cases can be addressed and survivors can be notified.

Additionally, we would like to have a better understanding of the Departments existing policies
and practices regarding release of information requested from MCPD on rape investigations. Specifically,
we would like to discuss the policies used when determining whether or not to redact information prior to
release and how MCPD policies compare to neighboring jurisdictions. We know BuzzFeed News recently
submitted a PIA request and hope that it will be given appropriate and prompt review and attention.
Obviously, we understand and strongly support MCPDs goal of protecting sensitive or identifying
information of crime victims. However, we would like to discuss how the Departments existing
policy balances the publics right to information about these incidents as required by law and the
Departments responsibility to protect the privacy of victims and others.
We share your commitment to providing the highest quality of police services to Montgomery County
residents, and we look forward to working with you and Montgomery County officers collaboratively and
constructively on these important issues.
Sincerely,
Montgomery County House Delegation