SMETHPORT – An Eldred man accused of having sex with a juvenile
he met in an Internet chat room petitioned McKean County Court
Thursday to withdraw his guilty plea to charges in the case.

Robert Cooper, 31, had pleaded guilty in January to statutory
sexual assault and aggravated indecent assault for tracking down
the 14-year-old girl in the spring of 2005, going to the girl’s
home when her parents were not there and having sex with her.

During court proceedings Thursday, Cooper said, “at the time
when I accepted my plea, I was not thinking clearly.”

He is represented by Public Defender Ron Langella, and said that
he felt Langella was ineffective in his representation. “I feel Mr.
Langella had not represented me the way I wanted to be
represented.”

However, Assistant District Attorney Christa Schott argued that
Judge John Yoder had asked Cooper exactly those questions when he
pleaded guilty.

“He was specifically asked if he was thinking clearly and if Mr.
Langella was doing a good job,” Schott said. Cooper had replied
that he was.

Schott said neither seemed to be a fair and just reason for
withdrawing his plea.

Yoder addressed Cooper, explaining that if he does grant the
petition, the District Attorney’s office will be able to prosecute
Cooper on all the original charges in the case, as the plea
agreement will be withdrawn. Those charges included involuntary
deviate sexual intercourse, indecent exposure, corruption of minors
and indecent assault.

Schott also said the victim would suffer prejudice if Cooper was
allowed to withdraw his plea.

“The victim’s family resides out of state,” she said. The
victim’s mother was present in the courtroom – because she was
going to speak at Cooper’s sentencing hearing scheduled for that
time – and addressed the court about the effect the assault has had
on her child.

She said her daughter saw Cooper during a recent visit to the
courthouse and was very scared. “She said, ‘he’s the one who hurt
me.'”

“Mr. Cooper has not indicated that he’s not guilty,” Schott
pointed out. She reiterated that during the guilty plea colloquy –
when Yoder asks the defendant numerous questions to make sure the
plea is knowing and voluntary – Cooper gave no indication that he
had a problem proceeding with the case.

“Before making a decision in this, I want to have the notes
(from the guilty plea hearing) transcribed,” Yoder said. He
continued the matter to May 11 and said he would take it under
advisement.

Schott asked if Cooper’s bail could be modified in the meantime.
She said he has allegedly had sexually contact with another
15-year-old female since his guilty plea.

Yoder granted her request and ordered Cooper to have no contact
with any child for any reason.