The Dude Stays in Jail, Federal Judge Says

KANSAS CITY, Mo. (CN) - A federal judge said a man accused of involvement with a group that sexually tortured a mentally disabled woman, then allegedly tried kill her and their prosecutor, must stay in jail until trial.

Bradley Cook's attorneys in July accused prosecutors of using deceptive jailhouse informants and hiding exculpatory information. They asked U.S. District Judge Robert E. Larsen to reopen Cook's detention hearing.

Larsen rejected it. He said he had not relied on any of the questionable information in ordering Cook detained.

"Defendant is essentially attempting to have a mini-trial (or perhaps not so mini) under the guise of a detention hearing; however, the evidence so strenuously challenged by defendant was not relied upon when defendant was detained," Larsen wrote.

Citing his own detention order, Larsen reiterated: "Whether defendant has rebutted the presumption or not is irrelevant, as I find that the government has satisfied its burden of proving by a preponderance of the evidence that defendant is a flight risk and that no combination of conditions of release can reasonably assure his appearance as required.

"I find by clear and convincing evidence that no single condition or combination of conditions of release will reasonably assure the safety of the community. Defendant is charged with crimes of violence. He allegedly tortured a female victim for hours at a time without her consent - and here I note that defendant told the FBI that FV1 did what she was told immediately when she was told to do it, that she was not very intelligent and not aware of her surroundings; therefore, it is not plausible that defendant would believe FV1 consented to hours of electrocution especially after she used a 'safe' word to try to make him stop. Regardless of whether FV2 consented to the violent sexual conduct with defendant, she clearly did not consent to having her nose broken by him while in a car which is evidenced by the call to 911, nor did she consent to being strangled, also evidenced by her call to 911. Both FV1 and FV2 described defendant as being violent and having a violent temper. Defendant has a long history of illegal drug use, and he essentially wrestled with three FBI agents after refusing to obey their commands.

"As far as the presumption, I find that regardless of whether it has been rebutted, it remains as a factor to consider in this analysis. With or without considering that presumption, I find by clear and convincing evidence that there is no condition or combination of conditions of release that will reasonably assure the safety of the community in this case."

The 8th Circuit refused to let Cook free pending trial on the sexual abuse and torture charges, citing to his history of abusing women and the murder-for-hire plot.

Cook, of Kirkwood in suburban St. Louis, and four other Missouri men were indicted in September. Two defendants have pleaded guilty.

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