Sexual assault cases finally get before a judge after 4 years
It took about four years, with a total of 26 continuances, for a sexual assault case to get before a Carbon County judge for a guilty plea.
Robert Walter Cook, 40, of Albrightsville, appeared Monday before Judge Steven R. Serfass to enter guilty pleas in two pending cases which date back to 2016. He pleaded to one count each of corruption of a minor in a sexual manner, a felony 3, and endangering the welfare of a child, also a felony 3.
In the corruption case, the charge was added to the original complaint. The district attorney’s office dropped felony 1 counts of rape of a child, statutory sexual assault, involuntary deviate sexual intercourse and aggravated indecent assault of a child. In the endangering case the DA dropped felony 1 counts of rape of child, statutory sexual assault, involuntary deviate sexual intercourse and aggravated sexual assault along with along with corruption of minors and indecent assault.
Serfass told Cook that under state sentencing guidelines he faces a minimum prison term of somewhere between three and 12 months on each charge up to a maximum of 84 months.
According to the affidavit of probable cause filed by trooper Christopher J. Zukowsky of the state police Fern Ridge barracks:
On Sept. 20, the mother of the 3-year-old victim, entrusted her friend, Cook, with the child’s care. Cook took the victim to his residence at 11:30 a.m. in Penn Forest Township. At around 7:30 p.m., the mother picked the victim up from Cook’s residence, and the victim told her mother that Cook “touched her privates” with his private parts. The victim’s mother called Cook and questioned him about her daughter’s statement. Cook denied it and said the victim walked in on him while he was using the bathroom and inadvertently saw his private parts. The victim’s mother noted that Cook seemed “very excited” while he gave her his explanation, but normally his voice is “very monotone.”
“The victim’s mother took the victim to Coaldale Hospital for an evaluation. In turn, the hospital contacted Coaldale police and Carbon County Children and Youth. On Sept. 22, the victim was interviewed at the Children’s Advocacy Center, followed by a physical examination, and a rape kit was collected. On Sept. 23, Zukowsky interviewed Cook at the Fern Ridge barracks. Before Zukowsky asked Cook any questions, he said that he “knew why he was here.” Cook then said the sister of the victim walked in on him while he was urinating in the bathroom at his house, and that she saw his private parts.
Following that incident, while he was cooking dinner, the girl requested his assistance to clean her after she used the bathroom. Cook said she made a bowel movement and he had to wipe and help her to get dressed. Cook said that at 10:01 a.m. Sept. 20 (verified via his cellphone log) he received a call from the victim’s mother, who said that her ex-husband “overdosed” at her residence while he was “watching his children.” Cook went to the residence to offer assistance.
The victim’s mother asked Cook if he would watch her children while she went to the hospital with her ex-husband. Cook agreed, helped the victim’s mother pack clothing for her children, and brought the victim and her sister to his residence. Cook said he and his 6-year-old son were the only other people at his home while he watched the children. Cook said he is disabled from an injury that left him with limited or no feeling in the arm and hand he used to wipe the victim and that he may have unintentionally touched her. Cook consented to collection of DNA, which matched samples on the victim’s clothing.
The cases have been continued 26 times on various motions, mostly by defense counsel, for examination of Cook concerning his mental status and mental health issues. He has been in custody since June 10, 2016.
Serfass deferred sentencing stating Cook has to be evaluated by the state sexual offender’s assessment board to determine if he is a sexually violent predator. Serfass also ordered the adult probation office to prepare a presentence investigation report.