Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, April 29, 1994 TAG: 9404290155
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: By LAURENCE HAMMACK STAFF WRITER NOTE: below
DATELINE: LENGTH: Medium
Canty, a former dropout prevention counselor for the Roanoke school system, was accused of violating that position of trust by taking advantage of the girl at his home nearly two years ago.
But it took the jury less than an hour to acquit Canty in a contest of credibility.
With no eyewitnesses or physical evidence, jurors were left to judge the word of Canty - described by his attorney as a devoted and respected counselor - against the allegations of a teen-ager with a troubled past.
"When you boil it down, it's the word of the accuser against the accused," defense attorney Tony Anderson told the jury of six men and six women.
The word of the accuser was damaged earlier Thursday when witnesses testified that since Canty has been charged, she has made false allegations of sexual misconduct against another man.
Although Canty lost his job over the charge and was facing up to 10 years in prison, he said after the jury's verdict that he holds no bitterness toward his accuser.
"To be honest, I feel bad for her," he said. "She's a little girl and she's confused.
"I'm just thankful that justice was served."
At the time of the incident, Canty, 34, was coordinator of the Youth Experiencing Success program, counseling at-risk students at William Fleming and Patrick Henry high schools. He also coached football, track and wrestling at William Fleming.
An investigation into the charges began almost two years ago and 200 miles from Roanoke, when the 13-year-old told a group counseling session at a home for troubled youths that she had once had sex with a counselor.
Pressed for details, she later told police that in June 1992, Canty picked her up at her home under the guise of counseling her, drove her to his Meadowbrook Road home and had sex with her in the basement.
Canty denied the allegations through 913 questions asked by an investigating police officer, and again through two days of testimony this week in Roanoke Circuit Court.
"No, sir, I did not," Canty said when Anderson asked if he had sex with the student.
"It's a fear that I think anyone who works with young people has," Canty testified. "The biggest fear is that someday, somebody will say something about you, and there goes your career."
Canty's testimony was clear and concise - unlike that of the alleged victim.
The 13-year-old made several inconsistent statements and admitted that she lied to police concerning at least one detail of the alleged sexual act. She appeared to stifle a smile at a time when most victims in such cases are holding back tears.
According to her testimony, Canty made inappropriate comments about her body and suggested they have sex in the days before the incident at his home.
The 13-year-old, who is now 15, testified that she initially resisted his efforts to have sex with her in the basement of his home, but then decided to "forget it."
Prosecutors Betty Jo Anthony and Ann Gardner hammered away at inconsistencies in Canty's statement to police. After first insisting that nothing happened between himself and the girl, Canty changed his story to say that she fondled him and made sexually suggestive comments.
Canty said he had a "male reaction" at the time, but resisted the girl's advances.
In the summer of 1990, Canty gained attention when he accused Roanoke police of using excessive force to arrest him after he tried to assist two young girls charged with trespassing at a fast-food restaurant.
His complaints led the National Association for the Advancement of Colored People to call for an investigation of the police department. A citizens' task force that formed as a result pushed for changes that included efforts to recruit minority police officers and an emphasis on community-oriented policing.
by CNB