Motion in Edouard Case Put under Seal

The Chronicle
January 18, 2012

http://journalexpress.net/cnhi/x538060229/Motion-in-Edouard-case-put-under-seal

Patrick Edouard, a former pastor at the Covenant Reformed Church in Pella.

Pella — A motion filed by the defense team of accused sex offender Patrick Edouard has been sealed by the court at the request of the prosecution.

Edouard is the former Pella pastor charged with three counts of third-degree sexual abuse and four counts of sexual exploitation by a counselor or therapist. The defense's motion sought to have the sexual exploitation charges dismissed.

The motion was filed Dec. 15, and remained accessible by the public until the afternoon of Jan. 17. Judge Paul Huscher, specially assigned to the case, made the decision following a hearing in Dallas County that morning.

The Chronicle was unable to attend this hearing. An e-mail inquiry regarding why Huscher ruled as he did was sent Tuesday afternoon.

"The defendant's motion in this case included substantial material from depositions of the alleged victims," Huscher wrote in response Wednesday morning. "Perhaps an abundance of caution in trying to protect the parties' right to a fair trial as well as the rights of alleged victims not to have confidential and personal information disclosed unnecessarily, but when the defendant agreed to re-file his motion, it seemed wisest to seal the first motion and address the merits as set out in the second motion."

The State filed a request to strike and a response to the motion on Jan. 6.

"The deposition excerpts are irrelevant to the issue of whether the defendant is validly charged with the crime of sexual exploitation by a counselor or therapist," the State's request reads. It goes on to say that prosecutors believe too much information is revealed in the motion, for the public to see, therefore the State moves to strike.

"While serving as a church pastor, the defendant provided counseling services to four female congregants, each of whom was struggling with emotional issues, including marital trouble, infertility, deaths of loved ones and other family burdens," the State wrote.

According to this request to strike, Edouard allegedly "prodded" these women to confide in him, and, through the course of counseling, initiated sexual conduct.

"The defendant's role as a pastor does not shield him from criminal liability for sexual exploitation, even when his ability to exploit stemmed in whole, or in part, from his influence as a religious figure," the State wrote.

The Chronicle accessed the motion prior to Huscher's ruling. Information was legally obtained from this document. It is out of respect for Huscher's ruling, and upon advice of legal counsel, that these details are not being printed.

Because Marion County Attorney Ed Bull has a conflict of interest, this case is being prosecuted by the Iowa Attorney General's Office. AG Spokesman Geoff Greenwood said, "The Supreme Court has held that a defense motion to dismiss cannot be based on information outside the minutes of testimony which, by court rule, are filed with the trial information but are always under seal. Thus, when the defense motion included evidence from other sources, such as the deposition, it was improper under the law for the court to consider that evidence (motion to strike). The remaining references in the motion cites to evidence contained in the minutes of testimony, which is confidential information because minutes are sealed."

Comment was also sought from defense attorney Angela Campbell. Campbell replied, "We are not in the position to answer any of your questions."

Edouard's trial was scheduled to begin Jan. 17. The new starting date for the trial is May 14. It will be held in Dallas County, as per prior order granting a change of venue.