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Canty v. State

The Court of Appeals has repeatedly held admissible an expert witness's testimony that such witness did not observe any evidence of coaching, deception, or other phenomenon during forensic interviews with a child molestation victim.

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After a jury trial, Martin Canty was convicted of child molestation1 and aggravated sexual battery.2 Following the denial of his motion for new trial, Canty appeals, arguing that 1 the trial court erred by allowing testimony and prosecutorial comment on evidence of child abuse accommodation syndrome, which constituted impermissible opinion evidence; and 2 the trial court erred by allowing bolstering testimony as to the ultimate issue of guilt. For the reasons that follow, we affirm.

Viewing the evidence in the light most favorable to the verdict,3 the record shows that T. M. was four years old when she stayed with her maternal grandmother and her grandmother’s husband, Canty. The grandmother left the house to pick up T. M.’s cousin, leaving T. M. alone with Canty, who gave the girl a bath. After the bath, Canty took T. M. to a bedroom, applied lotion to her, and digitally penetrated her vagina.4

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