NORTHAMPTON — The state Appeals Court on Friday upheld the convictions of a 46-year-old South Hadley man who indecently assaulted a patient while working as a physical therapist at Cooley Dickinson Hospital.
Edward Kostek was convicted of three felony counts of indecent assault and battery in September 2022 after a jury trial in Northampton District Court. The charges stem from his treatment of a patient at Cooley Dickinson Hospital Rehabilitation Services in Northampton who was seeking physical therapy for a neck injury after a car crash in 2019.
Kostek was sentenced to two years’ probation, which he completed in 2024.
In his appeal, Kostek argued that the commonwealth improperly introduced evidence that the victim had disclosed the assaults to multiple people, that certain testimony improperly appealed to the jury’s sympathy and that his trial attorney provided ineffective assistance, according to a statement released Tuesday by the Northwestern District Attorney’s Office.
The Appeals Court rejected each argument, concluding that the challenged evidence was properly admitted and that Kostek had not shown that his attorney’s performance warranted a new trial. The court unanimously affirmed his convictions and denied his motions for a new trial and reconsideration.
Assistant District Attorney Andrew Covington, representing the commonwealth, and Northampton attorneys Luke Ryan and Molly Ryan Strehorn, representing Kostek, made their arguments in the Appeals Court on Sept. 9.
“We are pleased that the Appeals Court affirmed these convictions and rejected the defendant’s arguments for a new trial, upholding the jury’s verdict and the work to hold him accountable for violating the trust placed in him as a healthcare provider,” Covington said in a written statement. “Coming forward to report sexual assault can be incredibly difficult, particularly when the allegations involve a professional entrusted with a person’s care. We commend the victim for her courage and perseverance throughout this process.”
In a separate case, another woman accused Kostek of raping her during a 2012 appointment. She testified that she came forward after learning of the 2019 case through a mutual acquaintance of the victim in that case. A Hampshire Superior Court jury found Kostek not guilty in that case in 2025.
