Sex charges dropped due to suspect's ill health

Federal prosecutors have dropped an Internet sex case against a retired Air Force major because of his rapidly deteriorating health.

In court documents filed recently in U.S. District Court, retired Maj. Reinaldo Canton revealed that he had been diagnosed with a life-threatening heart condition. The stress brought on by a trial will put him at risk of death, his attorney argued.

"If Mr. Canton is forced to continue with prosecution, either by entering a plea or preparing for trial, he will face numerous additional stressors, which will increase his blood pressure and likely lead to his death," Canton's attorney, Ben Hamilton wrote.

Canton was indicted in 2007 on a charge of coercion and enticement for illegal sexual activity, accusing him of traveling from New Mexico to the Layton Hills Mall, where he thought he would be meeting with a 15-year-old girl he had met on the Internet for a sexual encounter. The person he met on the Web was really an undercover police officer.

In court papers, Hamilton said that Canton was scheduled to enter into a plea deal with government prosecutors last year. But in a motion to dismiss the case, Hamilton revealed that as Canton was preparing to fly to Utah for a court hearing, he was rushed to the emergency room, where he was diagnosed with an "acute aortic dissection" — a tear in the inner layer of the aorta.

"It is my opinion that the stress of a courtroom trial, in Mr. Canton's particular case, presents a real and specific hazard. Rupture of the residual aneurysm could be sudden and catastrophic, with clear risks of death, stroke, paralysis and loss of function and abdominal organs," his doctor, Stuart Pett Jr., wrote in a letter to the court.

Hamilton argued that proceeding with prosecution violated Canton's Fifth Amendment right to due process and that Canton was unable to assist in his defense.

"Ordering Mr. Canton to stand trial or undergo plea and sentencing proceedings would effectively be signing his death warrant," Hamilton wrote.

The U.S. Attorney's Office for Utah agreed to drop the case without prejudice, meaning prosecutors can refile the charge if circumstances surrounding Canton change. U.S. District Court Judge Clark Waddoups signed an order on May 14 dismissing the case.

E-MAIL: bwinslow@desnews.com