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The Honolulu Advertiser
Posted on: Wednesday, May 21, 2008

Molester gets 270 days in jail

By Kevin Dayton
Advertiser Big Island Bureau

HILO, Hawai'i — A former Kea'au Elementary School cafeteria and playground monitor has been sentenced to 270 days in jail for sexually molesting a third-grade boy at the school last fall.

Cary Cantere, 38, pleaded guilty on March 17 to two counts of third-degree sexual assault, and faced up to five years in prison on each count when he was sentenced Monday.

The boy's mother asked Hilo Circuit Judge Greg Nakamura to sentence Cantere to as much prison time as possible, saying the assault has affected her whole family.

Nakamura opted to impose the 270-day jail term and five years' probation, and also ordered Cantere to register as a sex offender.

Deputy Prosecutor Darien Nagata had asked that Cantere be sentenced to a year in jail under the terms of the plea agreement in the case. The agreement was in the best interest of the child "to spare him reliving what happened to him by testifying at trial, being cross-examined, and having to say it in open court," she said. Cantere has no previous felony convictions.

Sandra Goya, spokeswoman for the state Department of Education, said Cantere was an "adult supervisor" responsible for playground and other supervisory duties. He was a temporary hire at the school who started there in April 2007 and worked there until November. Cantere did not work at the school continuously during that period, Goya said.

Nagata said the first count stems from a Nov. 26 incident at the school gym after regular school hours. Cantere told other children in the area to go play elsewhere, and then placed his hands on the boy's shoulders and asked the boy to be his boyfriend. He then kissed the child on the cheek, rubbed the boy's private parts over his clothing, and asked him if it felt good, Nagata said.

The second charge stems from an incident during a reading session at the school between Nov. 12 and Nov. 21 when Cantere was helping the boy to read, Nagata said. In that incident, Cantere touched the boy on his thigh and private parts over his clothing, she said.

Cantere admitted to what he did so the case could be resolved relatively quickly, and apologized in court, Nagata said.

"We felt justice was served," she said. "The victim was able to come to some kind of closure and move on and get whatever help he needs to deal with what happened."

The child's mother sued the state Department of Education on Monday in Honolulu Circuit Court, alleging the child was sexually assaulted on several occasions last November.

The suit alleges the child suffered mental anguish and emotional distress because of the alleged assaults, and contends the state had a duty to provide a safe environment for the boy.

Goya would not comment on the case because the lawsuit is pending.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.