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	State Court Upholds Ruling against Pastors By Cheryl Caswell Charleston Daily Mail November 11, 2010 http://www.dailymail.com/News/Kanawha/201011101049 CHARLESTON, W.Va.--The State Supreme Court has upheld the convictions and sentences of two Kanawha County pastors charged with the sexual abuse and assault of children. Timothy C. Edmonds and Sandy Martin Cook each appealed their cases to the higher court after being found guilty by juries in 2009. Edmonds, 38, who was a former youth pastor at Chesapeake Apostolic Church, was convicted of the sexual abuse of a 16-year-old girl. He is serving 10 to 20 years in the penitentiary. Cook, 50, was found guilty of the sexual abuse and sexual assault of three teenage boys who attended the Shrewsbury Church of God in the 1990s. He was sentenced to 20 to 60 years in prison. Cook, represented by Charleston attorney James Cagle, was seeking a reversal of his conviction on 16 counts. He asserted due process violations due to the years that passed before he was arrested and charged, errors in his case and disproportionate sentencing. The pastor contended that period of time between the sexual incidents and his indictment was "gross and extreme" and impaired his ability to defend himself. Included in his argument was that his mother, who lived with him in the church parsonage, had since died and would have been a "crucial defense witness." The Supreme Court justices did not agree and said Cook was unable to prove that the time frame resulted in any prejudice against him or that his mother, if she could have testified, would have been able to disprove the allegations. Cook also appealed his sentence, calling it "overly harsh" and referred to "his good character, his strong support group and a psychologist's report." But the justices noted that then-Kanawha Circuit Judge Irene Berger could have run all of his sentences consecutively for a total of 56 to 180 years instead of concurrently. The opinion states, "Given the clear legislative decision to impose stiff penalties on specified individuals who commit acts of sexual abuse on children under their care, supervision or trust, we find no basis for determining that (Cook's) sentence was constitutionally disproportionate to the grievous offenses for which he was convicted." In Edmonds' case, he claimed the state presented insufficient evidence at trial to establish that he was a "person in position of trust" or that the 16-year-old victim was actually in his care at the time of the incidents. But the justices cited the evidence presented that Edmonds maintained a consistent presence at the church and the church school and often assisted the victim with schoolwork. They said there was sufficient testimony that he played an active role in the church, was sometimes listed in the church bulletin as youth pastor and told the girl not to tell anyone about their relationship because he wouldn't be allowed to preach anymore. The justices said there was sufficient evidence to conclude that Edmonds exercised "care, custody or control" over the victim at the time of the sexual encounters for which he was convicted. Judge Irene Berger was also the circuit judge presiding over Edmond's trial, and who sentenced him. He is represented by court-appointed public defender Jason Parmer. Contact writer Cheryl Caswell at cher...@dailymail.com or 304-348-4832.
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