The following commentary originally appeared in Fox News U.S. on, the website of the Fox News Channel:

A Maryland judge denied bond for a 17-year-old accused of raping a 14-year-old in a high school bathroom, ruling that alleged salacious text messages and an explicit video did not prove his innocence.

“I’m not persuaded. That’s not an argument that can be sustained,” Maryland District Court Judge James B. Sarsfield said during a court hearing Thursday. “The request is denied without prejudice.”

Prosecutors suggested an examination of electronic devices still under way contains evidence of the two rape defendants flashing “MS-13 gang signs.”

Jose Montano, a 17-year-old ninth grader in Rockville, Md., is accused of raping the girl in a bathroom stall during school hours.

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