Commonwealth v. Cook

Facts

On the evening of July 16, 1977, the victim, age sixteen, went to Chicopee to visit some friends. Upon discovering that her friends were not home, the victim went to the housing project where her boyfriend resided. As the victim was on her way to her boyfriend’s house, she passed by the project office. There, the Defendant and his brother, Maurice Cook (Mr. Cook), attempted to engage the victim in conversation. The victim went on her way, but later, discovered that her boyfriend was not home. As a result, the victim reversed her route, again running into the Defendant and Mr. Cook. This time, however, the victim accepted the brother’s offer to socialize. The victim spoke with the two men for approximately forty-five (45) minutes, during which time she had a drink of beer. Because the victim had trouble remembering the brother’s names, the Defendant showed the victim his plant identification card from Smith & Wesson. Mr. Cook showed the victim his driver’s license. At approxima tely 9:00 p.m., Mr. Cook indicated that he was out of cigarettes and suggested that the three take a walk to a nearby convenience store. Along the way, the group walked on a narrow path, through a heavily wooded area. As they were walking, the victim tripped and fell to the ground. While the victim was sitting on the ground, Mr. Cook jumped on her and forcibly raped her after giving his belt to the Defendant. The incident was reported to the police and the brothers were arrested. Mr. Cook was charged with rape and the Defendant was charged with conspiracy and as an accessory to the rape.