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The Dangers of Trial When Facing Allegations of Child Sexual Abuse

Jan 31 2023
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Child sexual assault cases can pose the most significant difficulties for criminal defense attorneys, especially in politically conservative states whose legislatures have erected evidentiary and procedural roadblocks to an effective defense. And it is in these same states, such as Texas, where defense attorneys must voir dire through jury pools in which most prospective jurors—some admittedly so—enter a child sexual assault case with a “presumption of guilt” against the accused.

Take the case of Kennie Lewis Cook, Jr., an East Texas school teacher who was convicted in December 2019 for three counts of sexual assault of a seven-year-old boy and sentenced to 80 years in prison. He will not be eligible for parole for at least 40 years.

Cook was a person of good reputation in the educational, religious, and social arenas of the small town of Atlanta, Texas. Nothing in his personal or social history would indicate he would be involved in child sexual abuse or other criminal activity.

The child victim became acquainted with Cook, who served as music director and organist at the church in addition to other capacities. He was also a close friend of the Coleman family. Gladys Coleman, the child victim’s great-grandmother, often took the child to church in 2018.

In the summer of 2018, the child victim’s mother, Felicia, caught her son sucking the penis of his brother. Pressed by his mother, the victim told her Cook had done the same thing to him at Gladys’ home.

Armed with this “outcry” information, Felicia took her son to the church, where she told Gladys’ other grandson, a cousin to the victim, about the alleged sexual abuse by Cook. The victim then denied any sexual abuse had occurred.

This recantation prompted Gladys to record an interview with the victim, who said Cook only spanked him and that his mother had made up the sexual abuse allegations against Cook. Instead, the victim told Gladys that it was actually his stepdad who had sexually abused him.

The allegations spawned a criminal investigation. The investigation included the victim being interviewed by the local Children’s Advocacy Center, during which the victim told interviewer Jessica Kelley about three incidents of sexual abuse by Cook, including Cook sticking a finger in his rectum.

At Cook’s 2019 trial, the jury heard testimony not only from Kelley but from Keleigh Dodson as well. Dodson was the victim’s personal Advocacy Center counselor. She testified that the victim showed signs of trauma but said that since she was not aware of the specific events surrounding the abuse alleged by the victim, she could not pinpoint the source of the trauma.

The jury also heard testimony from Atlanta Police Department Sergeant Jimma Hicks who said he arrested Cook after the interview with Jessica Kelley because he believed the victim’s allegations were credible enough to establish probable cause for arrest.

Gladys Coleman told the jury she did not believe the sexual abuse allegations because of Cook’s character and because the abuse supposedly occurred at her home while she was present, and that there had been no opportunity outside her presence for the abuse to have taken place.

Members of Felicia’s family testified that they did not believe the abuse allegations either given Cook’s upstanding reputation and honesty. They uniformly testified that Felicia was a compulsive liar and that she coached the victim to lie against Cook because they believed her husband had committed the abuse.

On the other hand, two family members, including the victim’s grandmother and an aunt, testified that they believed the victim.

The child victim testified in detail about the abuse.

Cook testified in his own defense. He told the jury he was innocent and that the sexual abuse allegations against him had been manufactured.

Without any medical or forensic evidence, that was essentially the State’s case against Kennie Lewis Cook: a mother with a reputation as a pathological liar and schemer leveling the “outcry” charge; two child sexual abuse advocates who offered testimonial observations that bolstered and gave some credence to the outcry; a police sergeant with no expertise in witness credibility testifying that he believed the victim was credible; and two family members who said they believed the abuse allegations.

The defense case was that Cook had a sterling reputation in the community; the great-grandmother’s video recording of the victim’s recantation against Cook; the great-grandmother and other family members saying the mother repeating the outcry was a liar, schemer, and manipulator; the victim’s pretrial recantation and his statements, supported by family members, that the mother’s felon husband had committed the sexual abuse; and the victim’s sexual abuse of his brother, as well as his history of inappropriately sexually touching girls, that cast doubt on his credibility.

On January 11, 2023, the Texas Court of Criminal Appeals essentially upheld Cook’s convictions and sentences. However, the court did remand his case back for additional review by a lower court of a single legal issue not likely to result in a reversal of his convictions.

In a 2-1 decision, the Sixth Court of Appeals, on December 20, 2021, reversed Cook’s convictions and sentences. While the appeals court found sufficient evidence to support the jury’s guilty verdict in Cook’s case, the court believed a new trial was warranted because the trial court allowed Sergeant Hicks to testify about the victim’s credibility. Testimony that a particular witness is truthful is inadmissible. The Court reasoned that Cook was harmed because “a direct opinion as to the truthfulness of a witness ‘crosses the line’ under Rule 702 because it does more than ‘assist the trier of fact to understand the evidence or to determine a fact in issue; it decides an issue for the jury. This rule applies equally to expert and lay witness testimony.”

The Court of Criminal Appeals disagreed with 6th Court of Appeals’ assessment, reinstating Cook’s convictions with its reverse and remand order.

This was a problematic child sexual abuse case from the beginning. The outcry came after the complaining witness was caught sexually abusing his own brother by his mother. The mother was married to a felon, who the 7-year-old victim also said was sexually abusing him. Finally, the child made a recantation on video regarding Cook.

When caught sexually abusing his brother, the alleged victim says he learned about that kind of sexual behavior from a respected educator in the community. The mother—who family members describe as a liar, schemer, and manipulator—reports the abuse to the police. That report triggers a criminal investigation not to seek the truth but to build a case against the accused.

At the time of the investigation, some family members of the mother believe she made the outcry against Cook to protect her husband from allegations that he, not Cook, had sexually abused the 7-year-old.

Why else would the boy recant the allegations against Cook and point the accusing finger at his stepdad during the video recording with Gladys?

We don’t know if the 7-year-old boy lied. But there is undoubtedly reasonable doubt as to the state’s case.

While there is no reliable methodology to determine when a child is lying about sexual abuse, “experts” in the field say the percentage is “small”—no more than 4 to 8 percent. The average incidence of fabrication across all age cohorts of children, toddlers to adolescents, is 5 percent, meaning one out of every 20 sexual abuse allegations is believed to be fabricated. That is a huge number for a defendant facing false allegations. There is no validated test or scientifically verifiable method to determine if a child is telling the truth about allegations of sexual abuse.

The 2021 Annual Report by the National Registry of Exonerations found that nine people were exonerated that year in sex crime cases, two of which involved children. Similarly, the Center for Prosecutor Integrity has reported that by the end of 2018, more than 250 persons had been exonerated in child sex cases.

Kennie Lewis Cook stands convicted of what most in the criminal justice system consider the “worse possible crime.” He could possibly die in the Texas prison system based exclusively on testimony by people whose credibility is highly questionable, to say the least—particularly the mother who leveled the initial accusation.

We suspect the verdict in the Cook came from a jury, like so many others, that entered the case with horror and a presumption of guilt against him. That is the inherent danger of trial-by-jury in cases involving child sexual abuse, which should only be contemplated with a criminal defense lawyer experienced in the most challenging cases.

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    Mr John is a great human being and a very knowledgeable attorney. He has always called me back promptly,advised me very clearly and never rushed our conversation. i was wrongfully accused … More and Mr John had my case DISMISSED!! on the day of trial after fighting for me for two years. I am very thankful to the John T. Floyd Law Firm. You will not go wrong with John. Mr John you deserve way more then 5 stars.Thank youShaikh.
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    What I liked the most was that he actually returned my phone after leaving a message unlike pretty much everyone else I called prior. He listened and answered my question with the best … More advice that would benefit me the most. I was actually lost from moving to Texas from a different state we’re laws vary and he pointed me toward the right direction to get a understanding of if I need to do business with him now or after I contact a lawyer in my home state.
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    It was a pleasure speaking with John. He is knowledgeable and has a true desire to help the people of society. I turned to him for some guidance of a long-standing issue. He never … More rushed our conversation and went out of his way to look into the details to provide the right answer as well as assist me anyway he could. Thank you for our conversations and I wish your and your firm the best. If you need a lawyer, John Floyd is your guy!
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    John represented me in court for roughly 2 years. I won't (and shouldn't) get into any serious details, but let me tell you that I couldn't have chosen anyone better. … More Seriously.Every appearance in court I felt very comfortable. The judge and DA's had a high regard for his reputation. There is a time I recall where simply his presence greatly impacted the court's interpretation of my case and persons. We were in front of the stand and the judge could not stop talking about John's prestige and past accomplishments and how that took in relation to my case. I kept silent in front of the judge, but I observed then that John's popularity and reputation within the court had already given me a better looking rapport with the judge. Let me tell you, I never had more confidence then, knowing that the judge held him in such high regard.This is not to mention how personable John is. I'll be honest that during the stress of court, sharing a laugh with your lawyer helps a lot. This may sound a lot, but I really appreciated the relationship we had then. This is also not to mention that he was able to deal very well with any DA that rotated over the years. Seriously, John was great, prompt with information and very hands on with my case. I had great peace those 2 years until everything wrapped up.If you're looking for a lawyer, I highly, HIGHLY recommend the John T. Floyd Law Firm. He IS nationally renowned, you know. He'll get the job done to the utmost confidence. He's very experienced and has a great record to boot. I am glad to have had him represent me in court and trust me that I never thought I'd ever say that (and whoever does?). We explored every avenue of victory together and I personally enjoyed the experience, despite the seriousness of the accusation.If you have a case that needs to be represented at the highest levels, choose John T. Floyd. He's a good man and very good at what he does. Him and his team has the experience you need to make the best decisions and options to get the best outcome for your case. We got the best result I could possibly ask for, thank God.Seriously. Hire John. He knows what he's doing.Seriously.
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    He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
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    He took time out of his day to answer my legal questions and didn’t even charge me. I would definitely recommend him to you.
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    Very professional, great quality work, and very friendly and helpful. Overall, their service is phenomenal. I recommend Mr. Floyd to anyone.
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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
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    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
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    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★
  • Avatar Anton Jasser ★★★★★
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  • Avatar Victory 2020 ★★★★★
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★
  • Avatar Karetta Lux ★★★★★
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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