Man accused in Santa letter says family set him up

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.