Rick J. Cusumano v. State of Missouri

OPINION

James M. Dowd, Judge

In February 2010, Rick Cusumano was charged with three felonies for the August 5, 1988 sexual assault of a woman (“Victim”) in Chesterfield, Missouri. Count I charged Cusumano with the class A felony of forcible rape based on allegations that Cusumano, while acting with another, knowingly and forcibly had sexual intercourse with Victim without her consent while displaying a deadly weapon in a threatening manner. Count II also charged Cusumano with the class A felony of forcible rape, but while the charging document restated the allegations in Count I, it…