Mar 20, 2014

Local realtor Randy Cook sentenced to 270 days in County jail and led away in cuffs

It should have been a slam dunk and he could have gotten away but some justice did prevail today for Randall Miles Cook's present victim, his own 7 year old grandaughter.  And perhaps some closure for  the victims that never got their day in court. There have been allegations before and whispers in the community and many reasons other victims did not get to tell their story.

Randall Cook, his wife and other children (not parents of the victim) glared at me in the hallway for covering this case. They were completely insensitive to the fact that other cases were being heard in a packed courtroom and people had to scramble to find empty seats. When the victim's mother came into the courtroom with her family and support staff from agencies, there was no place to sit. It was so uncomfortable they went outside for a while.

This is the only time Randall Miles Cook has been in the courtroom since I started covering the case.

Deputy District Attorney Jackie Pizzo mentioned to the baliff on duty that when the courtroom is packed, people should be allowed to sit in the front row which is reserved for attorneys and court staff but that was ignored.

This case is being prosecuted by DDA Kelly Neel. The defendant is being represented by Michael Robinson and Judge Marilyn Miles presiding in Courtroom 2.

Judge Miles had both attorneys approach her to discuss certain matters before sentencing proceeded. She mentioned the probation report and attachments which included letters from Veronica Cook, the victim's mother; several Cook family members and Terry Cook, the victim's father. There was also a letter from a Ms. Silva, another alleged victim, a cousin of the family.

Due to the age of the victim, although her name was mentioned in court, I will not be using it in this post.

There was a letter from Mr. Robinson requesting that in addition to the plea, that the charge be reduced to a misdemeanor after 18 months. That was not a part of the plea and Judge Miles rejected that request.

The jail time Cook received was in addition to being on probation.

Before sentencing, Veronica Cook addressed the Court on behalf of her daughter. So did Terry Cook, the victim's father. And then the attorneys.

Veronica Cook was emotional during her testimony, at times crying as she spoke. "This has been the hardest year of my life, not just for me but for my children as well." What she read was a victim impact statement she had submitted to the court. "(child's name) went from a happy go-lucky kid to an introverted kid" who thinks she is bad and is sensitive so that she not hurt other people's feelings. "Her grandfather sexually molested her several times." She added that she felt betrayed by someone she trusted and respected and who she never thought would hurt her child.

"The original charges were felony counts, now plead down to 1 felony count of child endangerment," said Veronica. " She added that clearly her daughter was not his first victim. She mentioned the cousin. Veronica Cook said she was upset that as a part of the plea deal Randall Cook is not getting any jail time and that he did not have to register as a sex offender. "Mr. Cook has not acknowledged he has a problem." She asked that Cook not be allowed around young girls and her children (she also has 2 boys).

Terry Cook, the father says he believes his daughter but he wants a relationship with his family and father. The rest of the family does not believe the little girl and they blame Veronica. While Terry Cook got a little emotional in his testimony, he wants his children to have contact with his family. Instead of his daughter, Terry Cook went on and on about the benefits of counseling and people changing because of counseling.

Veronica and Terry Cook share joint custody of the children.

Ms. Neel started her statement by saying, "This was not a resolution taken without much input and discussion; separately and individually with Terry and Veronica Cook." She added, "I believe Mr. Cook did what  (child's name) said he did."

Ms. Neel explained that part of the case resolution and plea was "because 1108 evidence (http://law.onecle.com/california/evidence/1108.html) was shaky and much of that recollection was under hypnosis (this was the cousin's testimony)."  Again, referring to that incident, "There was no physical evidence, too many people around the minor when incidents occurred. I do believe he committed a crime against his niece but we cannot prove that beyond a reasonable doubt."

" Should the Court accept the plea, Mr. Cook should be required to surrender 1 year into custody," requested Ms. Neel. Then she went to explain that the way Mr. Cook turned himself in, he avoided jail time (completely) and got a lawyer (right away). "Mr. Cook believes he is getting away (with what he did) by avoiding jail time." Ms. Neel said that if the Court rejected the plea, "the People could live with that."

"I am astounded that at least one letter submitted on Mr. Cook's behalf blames Veronica Cook," said Ms. Neel. "She is trying to protect her child from people who were supposed to protect her child. Randall Cook's actions have fractured this family, he should be held accountable."

"He is telling Probation that he is medically unfit for jail," said Ms. Neel. "Jail is not good for anyone. If Mr. Cook is fine enough to travel the world, he is medically fit. It is because of his finances that he can get individual counseling." Ms. Neel said that Mr. Cook stipulated to sex offender treatment. "No one does that unless they have committed an offense." The People also requested a protective order for Veronica Cook and all her children.

Even before Court started, Mr. Robinson asked if Randall Cook could sit at the counsel table. Judge Miles said he can stand. Once Ms. Neel was done and halfway through Mr. Robinson's statement, Robinson asked again and Judge Miles said he could sit in the chairs in the courtroom. Randall Cook is in no way incapacitated where he could not stand for his own sentencing. Throughout the sentencing, he showed no emotion or remorse.

When Mr. Robinson spoke he brought up that most of the family was behind Randall Cook, he attacked the victims, again brought up the 1108 evidence code. At several points Judge Miles had to caution Mr. Robinson's personal interpretations and character assasinations of victims and  challenge certain insinuations that had no evidence. The defense said they were fine with protective order against the grandaughter and Veronica Cook but not the male grandchildren.

The Court agreed about the male grandchildren and that was only based on this case being about a female victim but granted the protective order for the granddaughter and Veronica Cook. Randall Cook is also not allowed to be with young girls without supervision. Randall Cook was sentenced to serve 270 days in County Jail and led away in cuffs.

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