An undocumented immigrant has been accused of raping and impregnating a 13-year-old nonverbal girl he was babysitting in Maryland.
Reynaldo Mora, 41, of Bethesda, is accused of assaulting the teenager who communicates with 'gestures and writing' and has the 'intellect of a first grader,' police said, in the bedroom at her home, while her two siblings were there.
Mora is currently charged with sex abuse of a minor, plus two counts of second-degree rape.
Mora's defense attorney told ABC 7's WJLA that authorities arrested the wrong man and that pending results of a paternity test will show it.
He remains in federal custody for immigration related issues after first being arrested in April on the county criminal charges.
Undocumented immigrant Reynaldo Mora, 41 (pictured), is in ICE custody related to his immigration status after first being arrested in April on suspicion of raping a nonverbal teen while babysitting in Maryland
The Montgomery County criminal case stems from Mora being asked by the teen's family to babysit her, as well as her two siblings whose ages weren't disclosed, in February.
That's when Mora is accused of sexually abusing the teen in a bedroom at her home in Kensington. It wasn't until some time in April that the teen took an at-home pregnancy test, which police said showed a positive result.
She was then taken by her aunt to Adventist HealthCare Shady Grove Medical Center in Rockville for a follow-up test, which police said confirmed the teen was pregnant, and believed to be 11 weeks along.
The teenager later conveyed that Mora was the father of the unborn baby she was carrying, police said, leading to his arrest on April 19.
A Google Street image of Montgomery County courthouse is shown here, which is where Mora's trial is scheduled to begin in October
Mora was set to be released on a personal recognizance bond at his latest hearing in the case on June 1, which came after his defense attorney Joe Campos had urged the Montgomery County District Court to reconsider its initial denial of bond.
This would have allowed Mora to work and live as he had been doing prior to his arrest while he awaited trial in the case, but Montgomery County officials chose to turn Mora over, instead, to Immigration and Custom Enforcement (ICE) officials.
Campos was able to get a judge to reconsider, after promising to personally retain Mora's passport under lock and key for however long the judge would like, and arguing that Mora needed to be free to work while his case proceeded so he could pay his $1,000 monthly child support bill, related to his estranged wife and three children, age three, 10 and 13.
'Being detained will not allow him to work and provide for his family and will hinder him to present a proper defense,' Campos argued in the legal filing which laid out 14 arguments for the court's granting of bond.
'Counsel is willing to safely keep Mr. Mora's passport under a locked cabinet in Counsel's office until the court no longer has this requirement.'
Leading up to his arrest, Mora had been working overtime as a cook in a Mexican restaurant, with locations in both Park Potomac development and downtown Bethesda.
This time, the judge agreed to allow Mora to be released from the county's custody while his case moved forward, after he had already spent seven weeks at the Montgomery County Correctional Facility in Clarksburg after a Montgomery County District Court Judge denied him bond the first time around.
Meanwhile, sometime before Mora's second bond hearing on June 1, ICE had filed a detainer for Mora related to his immigration status.
A detainer issued by ICE amounts to a request for local authorities to hold undocumented individuals 'who have been arrested on local criminal charges and for whom ICE possesses probable cause to believe that they are removable from the United States, so that ICE can take custody of the alien when he or she is released from local custody,' as described on the ICE website.
If state and local authorities choose to comply with ICE's request to detain these individuals, those who would otherwise be released may be kept in custody for up to 48 hours (excluding weekends and holidays) while ICE determines if they will arrest that person.
In Mora's case, rather than being set free, he was turned over to federal agents by Montgomery County officials on June 6.
ICE confirmed to ABC 7 that Mora is undocumented but did not disclose details about how or when he entered the US.
Court records show that Mora was born in Mexico.
Campos has maintained his client's innocence of the sexual abuse and rape charges lodged against him, noting that Mora willingly submitted DNA and that the results of a paternity test are pending.
'I think some evidence will show something else,' Campos said, suggesting someone else is the father of the teen's unborn child.
'[Mora] is hopeful that this DNA test is going to clear everything.'
The results of paternity testing can take up to 90 days. While the county waits for those results, Mora's trial has been scheduled to begin in October in Montgomery County Circuit Court.
If convicted, Mora faces up to 60 years in prison.