Press Releases

August 16, 2023                                                                                

FOR IMMEDIATE RELEASE                                         

Contact MARCIA LUBIN

at (410) 209-4854

www.justice.gov/usao/md                                                    

THURMONT MAN PLEADS GUILTY TO SEXUAL EXPLOITATION OF A CHILD

Defendant Broke Into His Neighbor’s Home and Took Sexually Explicit
Photographs of a Child

Baltimore, Maryland – Jose Alexander Diaz-Rodriguez, age 23, of Thurmont, pleaded guilty today sexual exploitation of a child, after he broke into his neighbor’s home and took sexually explicit photographs of a child.

The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Chief Greg Eyler of the Thurmont Police Department; Chief Jason Landon of the Frederick Police Department; and Frederick County State’s Attorney J. Charles Smith, III.

According to his guilty plea, on July 26, 2021, Diaz-Rodriguez broke into his neighbor’s home and entered the bedroom where Jane Doe 1 and Jane Doe 2 were sleeping.  Diaz-Rodriguez got into bed with Jane Doe 1, who was eight years old, and produced a series of four images intending to create sexually explicit images of Jane Doe 1.  DNA from Diaz-Rodriguez was found on swabs from Jane Doe 1.

Jane Doe 1’s mother heard a noise and went into the room where she found Diaz-Rodriguez on the ground next to the bed.  Diaz-Rodriguez fled and was arrested a short time later at his residence.  A search warrant executed at his residence and his cell phone was seized.  A forensic examination of the phone located over 1,000 files depicting the sexual abuse of children, including the four images of Jane Doe 1, which Diaz-Rodriguez had deleted prior to police arrival.

Diaz-Rodriguez further admitted that he distributed child sex abuse material on his social media account, specifically an image documenting the sexual abuse of a child.

As part of his plea agreement, upon his release from prison, Diaz-Rodriguez will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (“SORNA”).

Diaz-Rodriguez and the government have agreed that, if the Court accepts the plea agreement,
Diaz-Rodriguez will be sentenced to 18 years in federal prison.  U.S. District Judge Richard D. Bennett has scheduled sentencing for November 20, 2023 at 2:30 p.m.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.  For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.

United States Attorney Erek L. Barron commended the FBI, the Thurmont Police Department, the Frederick Police Department and the Frederick County State’s Attorney’s Office for their work in the investigation and prosecution.  Mr. Barron thanked Assistant U.S. Attorney Paul E. Budlow and Special Assistant U.S. Attorney Joyce King, who prosecuted the federal case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.

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ARLINGTON, VA – The National District Attorneys Association (NDAA) inaugurated a dynamic new leader on Monday, July 10, as they elected J. Charles (Charlie) Smith III, current State’s Attorney for Frederick County, Maryland, as their next president. Smith was sworn in at NDAA’s annual summer summit in Nashville, Tennessee. With a professional legacy marked by an unwavering commitment to justice, community service, and innovation, Smith’s inauguration promises a forward-thinking and inclusive approach to the role.

Smith, widely admired for his nuanced perspective on prosecutorial integrity and commitment to responsive criminal justice, intends to focus his presidency on championing what he likes to call “proactive prosecution”. This means promoting and advancing our nation’s prosecutors as leaders in the courtroom and in the community through strategic collaboration and engagement with justice partners and citizens alike. He feels strongly that a prosecutor’s importance to public trust and criminal justice cannot be understated. Equally important to Smith is continuing NDAA’s focus on advancing policies and trial advocacy programs to assist and support our country’s prosecutors.

Moreover, he is committed to boosting prosecutor recruitment and retention through innovative strategies, aiming to address the challenges currently faced by prosecutor’s offices nationwide.

Outgoing president John F. Flynn praised Smith, saying, “Charlie’s vast experience and his proven commitment to justice make him a standout choice for leading the NDAA. He has been an unwavering advocate for his community, and we are confident that under his leadership, he will continue to elevate the voice of our nation’s prosecutors.”

Hailing from Baltimore City, Maryland, Smith is a distinguished graduate of the University of Maryland and the University of Baltimore School of Law. He commenced his career in the legal field as an Assistant State’s Attorney in Baltimore City, Maryland. After a few years in private practice, Smith resumed his career as a prosecutor in Frederick County, Maryland in 1998 where he went on to serve as Chief of the Child Abuse/Sex Offense Division, Deputy State’s Attorney (First Assistant), and finally as the elected State’s Attorney for Frederick County, a role he has held since January 2007.

Outside his professional commitments, Smith’s deep-rooted connection with his community is apparent in his extensive Board involvement with local organizations, such as the Frederick Rescue Mission Inc., Child Advocacy Center, Frederick Health Hospice and Faith House. Smith shares his life with his wife,

Desiree a retired Special Agent with the FBI, and their four children. His dedication to family and community shines as brightly as his professional achievements, making him an exemplary leader for the NDAA.

In addition to the election of Smith, several other individuals were elected as new or returning members of the NDAA Board of Directors:

• Ivan Bates, State’s Attorney, Baltimore City, MD
• Mark Dupree, District Attorney, Wyandotte County, KS
• Rich Gibson, State’s Attorney, Howard County, MD
• Spencer Merriweather, District Attorney, Mecklenburg County, NC
• Michael Ferrarese, District Attorney, Chenango County, NY

About the National District Attorneys Association:

Formed in 1950, NDAA is the oldest and largest national organization representing state and local prosecutors in the country. With more than 5,500 members representing over two-thirds of the state and local prosecutors’ offices, NDAA is recognized as the leading source of national expertise on the prosecution function and is a valuable resource for the media, academia, government, and community leaders. NDAA’s mission is to provide state and local prosecutors with the knowledge, skills, and support they need to ensure that justice is done and that public safety rights are protected.

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