Thread: TX Man accused in Santa letter says family set him up

Wow, who do you believe in this one?

Man accused in Santa letter says family set him up

January 9, 2009 - 8:50 PM
Ryan Holeywell
The Monitor

EDINBURG - An attorney for a Pharr man accused of molesting his step-daughters - and prompting one to write a letter to Santa wishing for it to stop - said his family fabricated the allegations in an attempt to gain visas.

Andres Enrique Cantu also should not face two counts of continuous sexual abuse of a young child because his alleged crime - touching the girls inappropriately over several years - does not meet the criteria for that charge, attorney Mauro Barreiro said.

On Friday, Barreiro unsuccessfully sought to have his client's $350,000 bond reduced. He plans to argue his case again Wednesday.

"This guy has a perfect record," Barreiro said. "He's not a pedophile."

Police arrested Cantu last month after a counselor at his step-daughter's school saw a letter she wrote to Santa Claus, wishing that Cantu would stop touching her and her sister.

Both girls, ages 9 and 10, were interviewed by authorities at the Children's Advocacy Center in Edinburg, which works with abused children. There, they detailed their alleged molestation, according to probable cause affidavits.

Barreiro said his client was going through a divorce with his wife - the mother of the step-children he is accused of molesting. The arrest came just weeks after he sought to kick her out of her house due to their marital problems, he said.

Cantu's wife is living here illegally and has been deported numerous times, making her ineligible to receive a visa, according to the attorney.

But Barreiro believes she convinced her children to fabricate the molestation allegations against their step-father to help the family qualify for special visas available to some crime victims.

Victims of abuse who help authorities investigate and prosecute crimes are eligible for U visas that allow them to remain in the country lawfully for up to four years, at which point they may apply for permanent residency.

Cantu's wife could not be reached for comment, since her identity and those of her children aren't included in public court records related to the case.

WRONG CHARGE?
Barreiro also said that although his client didn't molest the girls, he has been charged with the wrong crime.

Cantu was charged with two counts of continuous sexual abuse of a young child, a charge created by the state Legislature in 2007 to heighten punishments against the most heinous sexual predators.

But criminal statute specifically states that to be charged with the crime, one must commit indecency with a child "other than by touching."

"In this particular case, the facts don't justify (the charge)," Barreiro said since Cantu was accused of touching.

A grand jury has not indicted Cantu, but it is not unusual for criminal charges to be changed between the time a person is arrested and indicted, based on the nature of an investigation.

Pharr police Lt. William Edmundson, citing the sensitive nature of the case, declined to respond in detail to Barreiro's assertions.

"We went with the highest charge available," Edmundson said.

Barreiro said his client is a U.S. citizen with no criminal record and had a steady job prior to his arrest. The man has no family in Mexico and is not a flight risk, the attorney claimed.

Cantu worked for 11 years in the McAllen school district, most recently as a computer lab aid at the Lamar Academy.

Ryan Holeywell covers McAllen, PSJA, the Mid-Valley and general assignments for The Monitor. He can be reached at (956) 683-4446.

http://www.themonitor.com/articles/cant ... ldren.html

Cantu's wife is living here illegally and has been deported numerous times, making her ineligible to receive a visa, according to the attorney.

Where's ICE?

Will be interesting to see how this one plays out. Sad for them all no matter what happens, especially for the children.

Man this is a hard call. I don't know if he is guilty or not, but the situation surrounding this case does have an odor.

Let this be a lesson to those who would marry and illegal alien, if the marriage goes south, who knows where YOU might end up.

Due to the circumstances and the need for the real truth here, I think ex wifey should be notified that no matter the outcome she will not be able to stay and will be deported. SHE is not a victim to any crime if he is guilty, her children are. So therefore, if there is evidence other than the kids word, and he is convicted, if they want to let the kids stay, let them, but she leaves regardless. It will be a deterrent to false accusations in the future. Also, it must be known that since she has been deported many times, her kids will NEVER be able to sponsor her.

If she is told this before a trial, my gut tells me the kids will recant.

Cantu's wife is living here illegally and has been deported numerous times, making her ineligible to receive a visa, according to the attorney.

AND? IS THE WIFE GOING TO BE DEPORTED AGAIN? I hope so! It really makes me sick that these people have the audacity to keep coming back over and over again like its not a crime. If these people are imprisoned for a few years maybe they would get the message.

While I cannot tell which side has merits in this case.

I can say that without a doubt, illegal aliens will exploit the U visa somewhere along the line just like they exploit almost every other well intentioned immigration law in America.

W

The U-Visa just like the refugee, marriage, and asylum visas are open to fraud and exploitation by savvy illegal aliens and especially the organizations, individuals and attorneys that harbor/hire/assist them....it isn't a coincidence that now there are many pro-illegal alien advocacy organizations fundraising for $ to help with their efforts to "counsel immigrant women and children victims of abuse"....and conveniently have staff to guide them to apply for the U-Visa regardless of whether or not it's in the best interest of the children and family to remain in the U.,S. ....one can only imagine that without exception every single one of the so-called "victims" will claim eligibility under the U-Visa. It's ripe for fraud....no doubt about that...and that hurts everyone including those that have are real victims.

Testimony begins in 'Letters to Santa' case

Tuesday, December 08, 2009 at 12:40 p.m.

Testimony has started in the trial of a case where a Hidalgo County girl asked Santa Claus in a letter to stop being molested.

Andres Enrique Cantu was arrested on child molestation charges back in December 2008.

The 56-year-old man claims that girl's mother is an illegal immigrant who told her what to say.

Cantu's defense attorney maintains that the girl's mother did it as retaliation because Cantu could not get her immigration documents fixed.

Both the mother and the girl testified in court during the first day of Cantu's trial on Tuesday.

http://www.valleycentral.com/news/story.aspx?id=387545

Originally Posted by ALIPAC

While I cannot tell which side has merits in this case.

I can say that without a doubt, illegal aliens will exploit the U visa somewhere along the line just like they exploit almost every other well intentioned immigration law in America.

W

Your position on this is identical to mine

Originally Posted by butterbean

Cantu's wife is living here illegally and has been deported numerous times, making her ineligible to receive a visa, according to the attorney.

AND? IS THE WIFE GOING TO BE DEPORTED AGAIN? I hope so! It really makes me sick that these people have the audacity to keep coming back over and over again like its not a crime. If these people are imprisoned for a few years maybe they would get the message.

The wife should serve a long prison sentence, then be deported, along with her kids. If the kids are US citizens, they should be taken away from her permanently.

Originally Posted by miguelina

Originally Posted by butterbean

Cantu's wife is living here illegally and has been deported numerous times, making her ineligible to receive a visa, according to the attorney.

AND? IS THE WIFE GOING TO BE DEPORTED AGAIN? I hope so! It really makes me sick that these people have the audacity to keep coming back over and over again like its not a crime. If these people are imprisoned for a few years maybe they would get the message.

The wife should serve a long prison sentence, then be deported, along with her kids. If the kids are US citizens, they should be taken away from her permanently.

But the truth is, if he is convicted, they will then be victims of a crime. There is a loophole in our immigration law that would make them automatically eligible for a green card if they are victims. With all of her deportations, do you think this is merely a coincidence? I have no idea whether or not the man is guilty, but this is sure convenient. She will use this great wrong to her advantage, whether it was her child who was wronged, or the man accused, it sure works out good for her.