No new trial for man who beat, raped pregnant girlfriend

A former Painesville man will not get a new trial after being convicted of beating and raping his pregnant girlfriend after finding out the child may not be his, according to a recent decision by the 11th District Court of Appeals.

Kenneth T. Cook, 38, severely beat the victim, who was 10 weeks pregnant, in October 2015 after removing her by force from her Painesville Township home. He also tried to run his car into her after she got out of the vehicle.

The woman had to run and get on top of a picnic table to avoid being hit by the car. He raped her while her eyes were swollen shut from the beating he gave her when he returned to her house, prosecutors said.

Cook was found guilty by a Lake County Common Pleas Court jury in May 2016 on all 10 counts, including kidnapping, felonious assault and rape.

Judge Eugene A. Lucci then sentenced him to 28 years in prison.

On appeal, Cook argued that Lucci erred by allowing a Sexual Assault Nurse Examiner who did not examine the victim to testify as an expert on delayed reporting.

The appellate court disagreed, finding the trial judge did not abuse his discretion by allowing the testimony.

“… While (the woman) was

able to state her reasons for not initially reporting the rape, that does not mean the jury would understand her reasons are typical of rape victims,” 11th District Judge Cynthia Westcott Rice wrote in her 3-0 opinion. “… Nurse (Christi) Lapraire’s testimony was offered to explain to the jury that a delayed report by a sexual assault victim is not uncommon.”

The appellate judges also rejected Cook’s claim that his defense attorney was ineffective by failing to object to Lucci’s failure to instruct the jury on a lesser-included offense.

Cook also claimed the sex was “consensual” and that the victim caused the incident by locking the door and preventing him from leaving after a verbal argument about the baby’s paternity.

The woman testified she blocked the door to prevent him from taking her car.

“(He) argues (the victim) was unreliable because her initial reports to her sister, the hospital, and the deputy did not mention the sexual assault,” Rice stated. “However, the trauma (the victim) endured that night, her embarrassment over the demeaning acts to which she was subjected, and the fact that she did not know the attack was rape due to her relationship with appellant explain her delayed reporting.”

The victim reportedly gave birth to the baby in May 2016.

At sentencing, Lucci said he had never before seen a face so badly beaten because of domestic violence.

Appellate judges Timothy P. Cannon and Thomas R. Wright concurred with Rice’s decision.