United States v. Randle Cooke

565 F. App'x 193
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 7, 2014
Docket13-6792
StatusUnpublished

This text of 565 F. App'x 193 (United States v. Randle Cooke) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Randle Cooke, 565 F. App'x 193 (4th Cir. 2014).

Opinions

PER CURIAM:

On this appeal, Randle Porter Cooke challenges his designation as a sexually dangerous person and consequent civil commitment under the Adam Walsh Child Protection and Safety Act of 2006, 18 U.S.C. § 4248. For the reasons that follow, we affirm.

I.

Cooke has been convicted and imprisoned three times as a result of sexual contact with minors. In 1981, Cooke was charged with aggravated sexual assault for fondling a boy under the age of 18. He pleaded guilty to an attempted felony, for which he received a suspended two-year sentence.

In 1991, Cooke was convicted in Texas state court of sexual assault of a child and indecency with a child. The first of these charges related to his performing oral sex on and touching the genitals of a fourteen-year-old boy. The second related to his touching the genitals of another boy under the age of 17. He was sentenced to 10 years’ imprisonment and was released in November of 2000.

The events leading to Cooke’s most recent incarceration began seven months later. In May of 2001, he met a twelve-year-old boy in a bookstore. Cooke told the boy and the boy’s mother that he was a “big brother” who mentored young people. Cooke began communicating with the boy by email and was allowed to take him on an outing. He drove the boy to a cemetery and, en route, Cooke attempted to hypnotize the boy and placed his hand on the boy’s penis. At the cemetery, Cooke gave the boy marijuana and asked him to engage in oral sex. The boy declined.

Cooke took the boy home, but continued to try to contact him until October of 2001. To avoid detection by the boy’s parents, Cooke asked the boy to refer to him as though he were a 15-year-old boy named “Josh,” and wrote the boy letters under that name. Cooke also contacted one of the boy’s schoolmates online, again posing as a boy named “Josh,” in an attempt to set up a meeting.

[195]*195In October of 2001, Federal Bureau of Investigation agents interviewed Cooke. He told the officers that he was initially sexually attracted to the boy and had hoped to have a sexual relationship. He claimed, however, to have since regained control over his sexual urges. Cooke permitted the FBI to search his computer where investigators found more than 100 photographs of teenaged males between the ages of 11 and 20 engaged in sexual conduct and one photograph of a 9-year-old boy posed provocatively with his underwear exposed.

As a result, Cooke was charged with and pleaded guilty to one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) and two counts of receipt of child pornography in violation of 18 U.S.C. § 2252(a)(2). He was sentenced to 87 months’ imprisonment and three years’ supervised release.

Prior to Cooke’s 2010 release date, the Attorney General filed a certification in the Eastern District of North Carolina that Cooke is a sexually dangerous person.1 This filing automatically stayed Cooke’s release from prison and initiated commitment proceedings.

During those proceedings, an evidentiary hearing was held before a magistrate judge to determine Cooke’s status as a sexually dangerous person. Cooke and two experts testified on his behalf and three experts testified for the government.

The government also introduced instances of Cooke’s misconduct in prison. For example, Cooke sought to have himself placed in protective custody by presenting prison officials with what purported to be a threatening note. It was later discovered that Cooke had written the note himself. On another occasion, Cooke developed a relationship with a 22-year-old fellow inmate, with whom he tried to secure private time in the prison chapel. This inmate was a mental health patient with his own history of sexual offenses. Discussing his fondness for this inmate, Cooke confided in a prison official that he liked “young, troubled boys.”

Cooke was transferred to FCI Butner where he sought to participate in the the Sex Offender Treatment Program, but was initially denied access because his release date was too distant. When he became eligible for the program, however, Cooke declined to participate because statements made in the program could be used against him in proceedings such as this.

Cooke testified that he would gladly participate in treatment, but his plans for doing so were vague. Cooke’s only specific post-release plan to avoid relapse was to live at the same assisted living facility as his mother. His plan indicated his desire to live peacefully, have long-postponed surgery, seek therapy, and generally avoid returning to his former habits. It did not indicate the development of any special knowledge or skills to help him avoid situations or stimuli that might lead him to reoffend. To the contrary, the government introduced correspondence between Cooke and another convicted sex offender exchanged in late 2011 and early 2012.

Two forensic psychologists, Dr. Gary Zinik and Dr. Lela Demby, testified as expert witnesses for the government on direct. Dr. Zinik diagnosed Cooke with “Paraphilia NOS, Hebephilia, attracted to [196]*196Adolescent Males, Nonexclusive Type,”2 “Cannabis Dependence by history, in remission in a controlled environment,” “Narcotics Dependence (pain medication), in remission in a controlled environment,” and “Personality Disorder NOS, with Antisocial and Narcissistic Features.” J.A. 725. Dr. Zinik concluded that there was a “high level” of risk that Cooke would reoffend, despite the fact that Cooke is paralyzed from the waist down and is often catheterized. Dr. Zinik noted that Cooke was similarly impaired at the time of most of his previous offenses.

Dr. Zinik observed that Cooke’s “predatory” advances towards a vulnerable fellow inmate belies Cooke’s claims that he has changed his behavior. J.A. 724. Cooke’s “vague, evasive” responses to questions about his past offenses suggest that Cooke does not really “get” his condition and that he “thinks and talks like an untreated sex offender.” Id. Dr. Zinik concluded that “Mr. Cooke is still at least a medium-high to high risk for sexual reoffense” and that he remains “physically capable of molesting young boys in the same fashion as he has in the past if he were motivated to do so.” J.A. 728.

Dr. Demby similarly concluded that “it is highly likely that Mr. Cooke will continue to sexually reoffend.” J.A. 759. She diagnosed Cooke with “Paraphilia Not Otherwise Specified,” “Narcotic Dependence in a Controlled Environment (by history),” and “Personality Disorder Not Otherwise Specified with borderline Traits.” J.A. 752. She further opined that Cooke’s physical condition would not impede him from reoffending, noting as Dr. Zinik did, that Cooke has offended repeatedly in his current condition. In fact, Dr. Demby observed that “[Cooke’s] disability appears to serve as part of his ability to get parents and victims to trust him.” Id. Also like Dr. Zinik, Dr. Demby concluded that Cooke “demonstrates extreme minimization and denial of his offenses, as well as attitudes that support his sex offenses. Both of these factors exacerbate his risk of reoffense.” J.A. 758.

Dr.

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Bluebook (online)
565 F. App'x 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-randle-cooke-ca4-2014.