New Trial Ordered in Pella Pastor's

By Matt Milner
Ottumwa Courier
November 21, 2013

http://www.ottumwacourier.com/local/x356558415/New-trial-ordered-in-Pella-pastors-case

Iowa’s Court of Appeals has granted a former Pella pastor a new trial, saying the district court erred.

Patrick Edouard was pastor of Covenant Reformed Church in Pella. He was convicted of multiple counts of sexual exploitation by a counselor after four women from his congregation accused him of engaging in sexual acts. Edouard’s defense said he was not a “counselor or therapist,” providing mental health services, and thus could not be guilty of the exploitation charges. He admitted to engaging in sexual conduct with the women.

Iowa law defines a counselor or therapist as anyone “who provides or purports to provide mental health services.” That can include members of the clergy. But critical terms in the law are undefined, including “treatment,” “assessment” and “counseling.”

A previous ruling from the Iowa Supreme Court held that “strictly personal relationships involving the informal exchange of advice,” did not constitute the counseling role needed for the charge. The district court didn’t include the definition of counseling from that decision in jury instructions, though, and the appeals court says that was a mistake that abused the district court’s discretion.

The ruling reads, in part:

“[W]e agree with Edouard that he suffered prejudice as a result of the court’s failure to include the Gonzalez definition of ‘counseling’ in the jury instruction defining ‘mental health services.’ Edouard’s entire defense was premised on the fact that he could not be convicted of sexual exploitation because his actions did not meet the definition of ‘counseling.’”

The appeals court continues, saying the district court erred in barring one of Edouard’s expert witnesses from testifying. That opens the door for an additional defense witness in the retrial.