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  Sandy Cook Appeal Advances at Supreme Court

WCHS
January 27, 2010

http://www.58wchs.com/includes/news_items/7/news_items_more.php?id=2187§ion_id=7

WEST VIRGINIA -- A former Kanawha County pastor convicted of sexually abusing teenage boys over nearly two decades is asking for a revisiting of his case.

Attorney Jim Cagle, argued the motions before the state Supreme Court on Tuesday. Several grown men testified against Sandy Cook, claiming they were sexually abused by him when they were young boys. Some of the accusations dated from the late 80's and early 90's.

Cook was convicted last February on charges of sexual abuse by a guardian and third degree sexual assault. He had denied all of the charges and took the stand in his own defense. The crimes happened while he was pastor at the Shrewsbury Church of God.

Cagle argues the rule governing cases brought many years after the fact place an unfair burden of proof on a defendant and violate their rights to due process under the law.

"A client has to testify in these aged allegations because there are no documents, there are no witnesses, people are dead and a critical witness was dead in Mr. Cook's case," argued Cagle. "All he or she can do is argue, 'I didn't do it.'"

Cagle is asking the High Court to review previous rulings that govern the subject matter on aged cases. He claims the rules require a person to testify who stands accused, violating their right to remain silent.

He further argues that rulings made between the time of an allegation and the time the case goes to trial also change the dynamics of an old case. Cagle says in Cook's case the court's rulings changed the definition of a custodian, which impacted the crime for which he was convicted.

"You have a case that is decided subsequent to an alleged criminal act which changes the way a court looks at these issues," said Cagle. "The issue in this case is whether his driving a van constitutes he is a 'custodian.'"

The Court will take the case under advisement and rule later whether to hear full arguments.

Cook is currently serving a 20-60 year prison term.

 
 

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