Yesterday, I posted about how the statute of limitations applied to any Maryland case that might be based on Christine Ford’s allegations against Brett Kavanaugh. I’ve had an inquiry about why the State of Maryland would treat one Brett K. differently from another Brett K. Specifically, the question has been raised about why the statute of limitations would apply to Ford’s allegations against Brett Kavanaugh but did not apply to the allegations of third-degree sexual offense against Brett Kimberlin in 2013.
The answer is timing. The Baltimore Sun piece I referenced in my earlier post notes that the law changed in 1996, and it seems that at least some of the acts alleged against The
Dread Deadbeat Pedo Kimberlin occurred when the new law was in effect.
The Baltimore Sun reports that the Maryland State Police will not become involved if someone files a formal complaint relating to the Ford/Kavanaugh brouhaha. This is because of a memorandum of understanding between the MSP and the Montgomery County Police giving primary jurisdiction over sex crimes to the County Police. The County Police have said that they will not open an investigation without a formal complaint, and the Montgomery County State’s Attorney’s Office has said they would have no comment on the matter until after a charge is filed.
In any event, it appears that the statue of limitations has run out. The BS reports that
[l]egal experts doubt that a case could be made against Kavanaugh even if someone makes a complaint.
For one thing, if attempted rape in the first degree was the most appropriate charge, that was a misdemeanor in the 1980s in Maryland. It did not become a felony in the state until 1996. Former Attorney General Doug Gansler, who also served as Montgomery County state’s attorney, noted that Maryland’s statute of limitations for misdemeanors for an offense committed in the 1980s expired long ago.
Gansler, a Democrat, also noted Kavanaugh was a juvenile at the time, further complicating any investigation and prosecution. He said the type of acts that have been alleged are not ones for which juveniles are typically charged as adults.
Even if charges could be brought, Gansler said that based on the accounts he’s seen, it would be difficult to prove an alleged assailant had the intent to complete a forcible rape and would not have stopped short of that.
If you’ve lost a Democrat former state Attorney General, it may be time to move on.