Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, March 3, 1993 TAG: 9303030323
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: By LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
STUDENT ADVISER OFF JOB
STATUTORY RAPE ALLEGATIONS against a high school counselor carried the potential for controversy, something that Roanoke authorities were mindful of as they prepared the case for a grand jury.
A high school counselor accused of having sex with a 13-year-old girl was suspended Tuesday by Roanoke school officials as more details of the case came to light.
John Canty, 33, was indicted by a grand jury Monday, culminating an investigation that began last year when the student reported the offense to social service workers in another jurisdiction.
The social service workers then notified Roanoke police. As the investigation began, authorities recognized that the case was sensitive because Canty had accused police officers of using excessive force in arresting him during an incident three years ago. That incident sparked community complaints against the Police Department.
Canty has described the charge as "nothing but an attempt to destroy my credibility."
Because of the potential for controversy, authorities decided not to charge Canty in an arrest warrant brought by police. Instead, prosecutors sought an indictment from a grand jury - letting five citizens decide whether there was probable cause to support the charge.
And in an unusual move, arrangements were made to have the 13-year-old girl available to testify if the grand jury requested it.
Grand jurors return indictments in almost every case they consider, usually after hearing just a summary of the evidence by the investigating officer. Defense testimony is not presented, although a police officer did provide Canty's account of the alleged encounter.
"We just wanted the grand jury to have as much information as possible so they could make a fair determination of probable cause," Chief Assistant Commonwealth's Attorney Betty Jo Anthony said.
As it turned out, the grand jury did not ask to hear testimony from the 13-year-old. But the indictment raised the possibility that jurors may have had questions about the case.
Canty's indictment originally was marked "not a true bill" - the language used when grand jurors decide there is insufficient evidence to support charges. The "not" had been crossed out and initialed by the grand jury's foreman before it was returned as "a true bill."
Because grand jury deliberations are closed even to prosecutors, it was not clear why the indictment was changed. But court officials said it could have been a simple mistake instead of an indication that the grand jury had changed its decision.
Canty was charged with carnal knowledge of a child, an allegation of having sex with someone 13 to 15 years old without the use of force. He faces a maximum punishment of 10 years in prison.
The indictment alleges that the offense happened in June at Canty's Roanoke home, where he had taken the girl as part of his effort to persuade her to stay in school.
Canty often works with at-risk students in his job as a dropout-prevention counselor. He also is junior-varsity football coach at William Fleming High School.
School officials said Tuesday that Canty has been suspended with pay for the rest of this week and then without pay until the case is resolved.
"Obviously, we regret the situation, but we have dealt with it the best we can at this point in time," said Fay Pleasants, executive for staff development and personnel for city schools.
Except for suggesting that the charge is related to his past troubles with police, Canty has declined to comment in detail. But he said that he plans to hold a news conference either today or Thursday to dispute the charges.
After an altercation with police in the summer of 1990, Canty was charged with impeding police. He claimed that police beat him with nightsticks, sprayed him with Mace and made racial slurs after he tried to assist two teen-age girls charged with trespassing late at night outside a fast-food restaurant on Hershberger Road. Police said he refused their orders to leave and became combative.
That incident and several others prompted the NAACP to call for a federal investigation of the Police Department.
Inquiries by both the Police Department and the U.S. Justice Department determined that police did not use excessive force, but a judge also dismissed the charge against Canty after commenting that police used poor judgment.
Canty's allegations were one reason for the creation of a city task force that urged better community relations by the Police Department and stepped-up efforts to recruit minority police officers.