FBI Seeks Information Leading to the Arrest of the Potomac River Rapist

DNA Links Seven of Nine Attacks, Including One Murder

Today, the FBI launched a media campaign that includes a reward of up to $25,000 offered by the Metropolitan Police Department to assist investigators in catching a cold-case serial rapist and murderer who attacked women in the Washington, D.C., metropolitan area.

Between May 6, 1991, and Aug. 1, 1998, a single assailant sexually assaulted eight women, attempted another sexual assault, and committed one homicide in the Washington, D.C., metropolitan area. The victims ranged in age from 18 to 41 years old. Seven of the nine attacks have now been linked by DNA and all are linked by modus operandi.

The case is being investigated by the Montgomery County, Md., Police Department, Metropolitan Police Department (MPD), and the FBI’s Washington Field Office with assistance from the U.S. Attorney’s Office for the District of Columbia.

Homicide victim, Christine Mirzayan, a 29-year-old intern, was attacked and murdered while walking to her residence in the Georgetown area of the District of Columbia, on Aug. 1, 1998. In addition to being sexually assaulted, she was struck multiple times in the head with a rock and her body was left yards from the Whitehurst Freeway. The other sexual assaults took place in Montgomery County, Md.

“In law enforcement, we understand that justice delayed does not mean that justice will be denied,” said U.S Attorney Ronald C. Machen, Jr. “We are committed to obtaining justice for Christine Mirzayan and the other victims of the Potomac River Rapist, but we need the public’s help. One piece of information from the public—no matter how insignificant it might seem—could crack this case and allow us to apprehend this killer.”

“We have been able to link an unknown subject to most of the attacks committed in Montgomery County, and to the murder of Ms. Mirzayan in Georgetown,” said Captain David Gillespie, Director of the Major Crimes Division, Montgomery County, Md., Police Department. “We believe that this subject resided in, or had ties to Montgomery County, and we hope that with the community’s help, we will be able to identify him.”

“It is unlikely that a criminal who committed such heinous acts of violence against women would stop,” said Chief Cathy L. Lanier of the Metropolitan Police Department. “We need the public’s help in identifying and locating this violent predator.”

“The public is our best weapon in solving this case. We need you to think about this information, jog your memory, and call law enforcement if you think you know anything that could help us,” said Ronald T. Hosko, Special Agent in Charge of the FBI Washington Field Office’s Criminal Division.

Law enforcement is seeking any information related to the assaults and murder in order to apprehend the assailant, dubbed the Potomac River Rapist. The Potomac River Rapist is described as an African-American male, between 5’8”-5’11” tall, with a medium build. At the time of the assaults, he was believed to be in his late-20s to late-30s. Since time has progressed, he is believed to be in his late-40s to late-50s.

Most of the assaults followed a particular pattern. The assailant used a “blitz” attack by throwing a blanket or towel over the victim’s head. All of the sexual assault victims, except for the murder, were attacked in their homes or private residences. All attacks took place during weekday evenings except for the murder, which occurred on a Saturday night.

The public is asked to review the information and consider whether they know someone who generally fits this description, who lived or had ties to the area around the times of the assaults or who may have been known to spend considerable amounts of time in those areas.

People who know the suspect may not believe that he is capable of committing these crimes. He may not necessarily have a violent criminal history. Because investigators are in possession of DNA evidence that can either positively link the suspect to his crimes or exclude innocent parties, citizens should not hesitate to provide information, even if it is just the name of a potential suspect.

The digital media campaign includes the launch of a dedicated website; digital billboards up and down the East Coast; social media alerts on Twitter, Facebook, and YouTube; as well as podcasts on iTunes and radio spots to raise awareness of the investigation. The multi-pronged effort is designed to develop new leads and raise awareness of the ongoing cold-case investigation. The campaign implements similar techniques that have led to the arrests in cases including the East Coast Rapist as well as Ten Most Wanted fugitive Whitey Bulger.

Law enforcement agencies are asking anyone with information to contact MPD at (202) 727-9099 or the FBI at 1-800-CALL-FBI (1-800-225-5324). Additionally, anonymous information may be submitted to the police department’s TEXT TIP LINE by text messaging 50411.

ICE returns fugitive pedophile wanted for child rape, extortion to Belgium

Agents captured the Belgian man in Central Florida late last year

BRUSSELS – A Belgian man wanted for child rape and extortion in his home country was turned over to authorities in Brussels, Belgium, today by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

ICE agents and officers, assisted by the Marion County Sheriff's Office in Florida, arrested Andy Vertoont, 31, a native of Belgium, at his place of employment in Ocala, Fla., on Nov. 12, 2010. ICE Homeland Security Investigations (HSI) special agents in Orlando had initiated an investigation as a result of a request for assistance from the Belgian Federal Police and the ICE HSI attaché office in Brussels.

Vertoont remained in ICE custody pending his removal to Belgium, where he is wanted on an arrest warrant for the June 2009 rape of a 12 year-old-boy in Belgium. He had been arrested in Belgium and conditionally released prior to his trial. Shortly thereafter, he fled to the United States to avoid prosecution in Belgium.

Vertoont is further accused of extorting 12,000 Euros (approximately $17,000 in U.S. currency) from an individual in Belgium, where he allegedly threatened to physically harm the individual if he did not pay the money.

He was also previously arrested, convicted and sentenced in Belgium in 2001 for raping two children, ages 11 and 12.

Vertoont, escorted by ICE ERO officers, departed Miami International Airport in Miami on Tuesday and was turned over to authorities at the Brussels Airport in Brussels on July 6.

"To those who think they can come to the United States to escape their criminal past - think again," said ICE Director John Morton. "ICE will not allow the United States to be a safe haven for those who have come to our country in an effort to evade prosecution and punishment for crimes they commit in their home country. ICE, along with our law enforcement partners, will use every tool at our disposal to end the sexual exploitation of our children and keep them safe wherever they live."

"Criminals who think that they can use the United States as a sanctuary to avoid justice for monstrous acts committed against children are sadly mistaken." said Brian DeMore, ICE HSI's attaché to Belgium and the European Union. "Law enforcement agencies will continue to work tirelessly across jurisdictions and national borders to protect the world's children from these predators. I commend the collaboration of HSI and our international law enforcement partners – especially the Belgian Federal Police – who assisted in tracking down this child predator so that he can face justice here in Belgium."

Vertoont last entered the United States on Oct. 1, 2009, on a visa waiver not to extend beyond 90 days and he remained in the United States beyond 90 days without authorization. He was ordered removed by an immigration judge on Jan. 10.

ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators.

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing and Exploited Children, an Operation Predator partner, at 1-800-843-5678 or http://www.cybertipline.com.

The ICE HSI Office of International Affairs serves as the agency's liaison to counterparts in local government and law enforcement. HSI has 69 offices in 47 countries around the world, including an office in Brussels. HSI's international operations include:

• Coordinating investigations with foreign law enforcement counterparts;

• Providing domestic and international HSI offices with investigative case support and information related to cross-border criminal activities involving people, goods and technology;

• Providing training and capacity building to foreign law enforcement counterparts;

• Assisting in removal operations by facilitating efforts to repatriate removable aliens; and

• Referring requests from host country agencies to HSI domestic investigative offices.

Alleged Child Rapist Arrest, Iran Jewelry Seizure and Cooked Crocodile Cap Busy Weekend for Dulles CBP

Sterling, VA. -- It was a typically busy weekend for Customs and Border Protection employees at Washington-Dulles International Airport as officers arrested an alleged child rapist and seized Iranian jewelry, while agriculture specialists seized a wholly cooked crocodile and nearly seven pounds of antelope meat this weekend.

Officers arrested Augusto G. Montalvo, 54, of Springfield, Va., on a Fairfax County arrest warrant after he arrived Saturday from Bolivia. Montalvo faces one count of aggravated sexual battery and one count of animate object sexual penetration. Charges stems from a report filed with the Fairfax County Police Department on January 25. The victim was 12 years old at the time. CBP officers confirmed Montalvo’s identity and arrest warrant, and then turned him over to Metropolitan Washington Airports Authority Police.

Customs and Border Protection agriculture specialists discovered cooked cow’s feet (right) and tetra pleura tetraptera, an African plant use as an herbal anti-inflammatory, concealed in the luggage of a passenger who arrived from Ghana to Washington Dulles International Airport April 4, 2011. 

“Sexually assaulting anyone is a vicious crime, but allegations of assaulting a 12-year-old child are particularly heinous. CBP officers take great pleasure in returning dangerous fugitives like this to justice,” said Christopher Hess, CBP port director for the Port of Washington.

CBP placed a detainer on Montalvo to be returned to CBP upon adjudication of charges and potential sentence.

CBP officers seized a passenger-estimated $3,000 in Iranian jewelry Sunday. The jewelry, which included one gold and one silver ring, two gold necklaces, a gold bracelet and a pair of earrings, violated the Treasure Department’s Office of Foreign Assets Control (OFAC) sanctions on Iranian products. CBP officers also required the passenger to complete a FINCEN form for possessing currency exceeding $10,000 in U.S. dollars or foreign equivalent. The passenger admitted to carrying $9,300, but officers discovered $11,106 in U.S. dollars and 141,177 Iranian Rials, equal to about $14 in U.S. dollars.

CBP agriculture specialists fined a passenger from Ethiopia $300 Friday for repeatedly failing to declare food products in her suitcase. Upon opening her baggage, agriculture specialists discovered nearly seven pounds of cooked antelope meat and a cooked crocodile. The crocodile is protected by the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES), an endangered species conservation agreement.

Meat and plant products from continents that have experienced animal or plant diseases are generally prohibited from importing to the U.S. without appropriate U.S. Department of Agriculture permits.

Agriculture specialists fined a passenger from Panama $300 Sunday for possessing mangoes and yucca after repeatedly denying possessing food products, and fined a passenger from Ethiopia $175 Saturday for failing to declare about four pound of dried beef.

CBP fined two passengers who arrived from Ghana Monday $300 and $175 for failing to declared possessing prohibited agriculture products. CBP agriculture specialists discovered four pounds of cooked cow’s feet and two pounds of tetra pleura tetraptera, an African plant use as an herbal anti-inflammatory, in the first passenger’s luggage, and two pounds of cooked antelope in the second passenger’s luggage.

“These enforcement activities are a few examples of what our highly trained and dedicated employees do every day to intercept potential threats at our nation’s borders, and to keep us, our agriculture and our nation safe,” Hess said.

CBP routinely conducts random inspection operations on arriving and departing passengers searching for narcotics, currency, weapons and other prohibited or illicit products.

U.S. citizens and foreign visitors can learn more about admissible and prohibited products, and other travel regulations at CBP’s travel site.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

PROSECUTOR WISHES RAPIST WELL

By James H. Lilley

Eugene A. Marriott raped, sodomized and brutally beat a woman outside a Best Western Motel in Fairfax City on January 14, 2006. He was pulling up his pants, with the woman still lying at his feet, when police arrived and arrested him. An eyewitness to the crime said he was in an adjacent parking lot and saw Marriott standing over top of the woman and, “just pounding away on her.” He yelled at Marriott, but he continued his attack on the woman.

Marriott, who is married, is also a minister in The Ebenezer African Methodist Episcopal Church in Fort Washington. After his arrest he told detectives investigating the case that he’d dated the woman and what happened on January 14th was simply a matter of their sadomasochistic role-playing. The woman, however, told detectives they’d broken up weeks earlier. But, during the course of his interview with police he admitted that even if it had been role-playing that what he did that night was wrong.

Marriott entered a plea to charges of abduction with intent to defile and unlawful wounding, with the abduction with intent charge carrying a minimum sentence of 20 years. With his agreement to plead to those charges, prosecutors dismissed the rape and sodomy counts. But during trial proceedings prosecutors amended the charges to simple adduction, which carried no minimum sentence and a maximum of 10 years. They also added two misdemeanor sexual battery charges, to which Marriott agreed to plead guilty.

By pleading guilty to the two misdemeanor charges he escaped having to register as a sex offender, which would have been required by the “intent to defile” charge.

Assistant Commonwealth’s Attorney Toni Fay presented the case and said that what happened that night was criminal behavior, and showed photos of the victim to Circuit Court Judge Stanley Klein. Pictures offered into evidence showed that the victim had sustained cuts and bruises over her body from her lower legs to the top of her head. The victim said that she’d been beaten with fists and a belt buckle, raped and sexually assaulted. But, according to the Washington Post, Fay concluded her case by saying, “I wish Mr. Marriott well. I hope that his wife takes him back. I am very glad to see his church and his community are still supporting him.”

I’m surprised that she didn’t invite him out for dinner and drinks. Perhaps I missed something in the translation of all of this, but I was under the impression that Eugene A. Marriott was the accused in this instance, not the victim. Yet, it seems that the Fairfax County Prosecutor’s Office, or at least Toni Fay, went out of her way to assist him in eluding prosecution for the most serious crimes.

Marriott’s capacity as a minister at the Ebenezer AME Church doesn’t entitle him to preferential treatment when he stands accused of a serious crime, or any crime for that matter. He said he was sorry, but showed no emotion when he apologized. He went on to say that he’d lost everything he’d worked his whole life for, but continued to have the support of his church and his wife. The victim admitted she had dated him for about three months and their break up had been amicable. Although the victim dated her attacker for a time and agreed to meet him to go dancing on the night of the attack, it doesn’t qualify him for leniency. Indeed the court saw otherwise and sentenced him to only 16 months for his crimes immediately after sentencing two burglars to 18 and 20 months in prison. First, the prosecutor slaps the victim across the face by wishing her attacker well, and then the court puts its stamp of approval on the slap with a kick in the stomach and a sentence of only 16 months for a violent crime. Yet, Judge Klein said Marriott’s behavior wouldn’t be tolerated.

I don’t understand how a brutal beating and rape warrants less time in prison than a property crime. What was the court saying not only to the victim in this case, but also to the thousands of victims of rape and sexual assault across the country? Was the court sending a message that forcibly violating a woman’s body will get a suspect less jail time than a break in of a home or business?

Like it or not, there are many times when there is no real justice for the victim in the judicial system. But in this case far more went on behind the scenes than anyone was aware of. Toni Fay reduced the charges without consulting with the victim, the detective who investigated the allegations or her boss, Commonwealth’s Attorney Robert F. Horan.

The victim had already agreed with a deal struck by the prosecutor that Marriott would plead guilty to abduction with intent to defile and should have been consulted by Fay prior to any change in that deal. According to Mr. Horan, and anyone familiar with the justice system knows contacting the victim regarding any changes to the agreement is rule number one. Horan said the original plea agreement made sense and that lawyers who have defended accused rapists agreed, as did the victim in this instance.

Some time before the hearing, Marriott’s attorney, Bobby Stafford, contacted Fay and told her that Marriott did not want to have to register as a sex offender, which would have been required under the “intent to defile” charge. Fay was then in touch with Judge Klein, telling him that she and Stafford had been in contact to resolve the matter, but without informing him of just what that matter was. But at the time of sentencing neither the judge nor the attorneys made mention of the fact that the charges had been altered.

The 35-year-old victim in this case said she was shocked to learn that the charges had been reduced without notifying her, and was further angered by the lenient sentence. Her outrage was supported by May Lou Leary, executive director of the National Center for Victims of Crime. Leary said that when offenders are allowed to avoid responsibility for their crimes it has an effect on all victims, and especially victims of sex crimes. Sexual assault is a violent crime that is about domination and control of the victim, and what happened in this case reinforces that.

In some ways Judge Klein’s hands were tied when he sentenced Marriott, but if he wanted to give the victim some measure of satisfaction and justice he had options available to him. At sentencing he ordered Marriott to serve four years on each of the abduction and unlawful wounding counts, but then suspended all but 16 months of the terms. He then passed six-month sentences down on the two sexual battery counts and ordered all time to be served concurrently. If he so desired, he could have ordered those sentences to be served consecutively in lieu of concurrently and Marriott would have been given at least nine years behind bars. Still, even the nine years would have been a far cry from the minimum of 20 demanded by the abduction with intent to defile charge.

There was a grave miscarriage of justice in this case and another black eye for the judicial system as a whole. Commonwealth’s Attorney Robert Horan, who has always seemed to be a cut above when it came to fairness throughout the judicial process, is now faced with having to conduct damage control to repair the harm done to the reputation of his office.

Still, what happened in this case leaves me, and I’m certain hundreds of others, wondering just went on behind the scenes to cause such a lucrative deal to be struck. The flag of suspicion should be waving, and rightly so, because of the actions of Defense Attorney Bobby Stafford and Commonwealth’s Attorney Toni Fay. There are many questions in this case and I’m certain that Mr. Horan will live up to his reputation for fairness and honesty and demand the answers. Unfortunately, the damage has already been done to Mr. Horan’s office and not only the victim in this case, but also the countless other victims across the country have been slapped in the face.

ABOUT THE AUTHOR
James H. Lilley is a former Marine and Police Sergeant with the Howard County Police Department (Maryland). He worked in the Uniformed Patrol Division, criminal Investigations Division, Forensic Services (CSI) and Drug Enforcement Division. His Street Drug Unit was featured in the book "Undercover" by Hans Halberstadt and published by Simon and Schuster. Some of his awards include The Medal of Valor, Four Bronze Stars, Four Unit Citations and the Governor's Citation. He is also an 8th Degree Black Belt in Shorin Ryu Karate and the first American to be promoted to the rank of Black Belt by Mr. Takeshi Miyagi. James H. Lilley is the author of six books: A Question of Honor; The Eyes of the Hunter; The Far Side of the Bridge; Just Retribution; A Miracle for Tony Clements; and, Death Knocks Twice.

MORE ABOUT JAMES H. LILLEY
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