Supreme Court Overturns Court of Appeals Decision

By Steve Woodhouse
Journal-Express
July 18, 2014

http://www.journalexpress.net/breakingnews/x894084774/Supreme-Court-overturns-Court-of-Appeals-decision

The Supreme Court of Iowa issued a ruling today which affirms a District Court ruling that sent a former Pella pastor to prison.

Patrick Edouard was charged with three counts of third-degree sexual abuse and four counts of sexual exploitation by a counselor or therapist. He allegedly had forced sexual contact on at least three women while serving as a minister from 2003-10. Charges were filed in March 2011.

In August 2012, a Dallas County jury found Edouard not guilty on all three charges of sexual abuse, but found the former pastor guilty on all four of the sexual exploitation charges - including an additional charge of entering into a pattern/scheme/practice to engage in sexual exploitation as a counselor or therapist, a Class D felony. The last charge came as a result of being found guilty of two or more of the original sexual exploitation by a counselor or therapist charges in which he violated law banning sex between people who provide “mental health services” and those who come to seek guidance from them.

Edouard was sentenced to one year in prison for each of the sexual exploitation charges and five years for the ongoing charge in October 2012. He apologized for his actions during the sentencing. The Marion County Sheriff's Office placed him in handcuffs and intended to take him to the Iowa Medical and Classification Center in Oakdale to begin serving his sentence.

However, Edouard was never taken into the custody of the Iowa Department of Corrections. He has still never been taken to prison for these crimes.

Edouard filed a motion in arrest of judgment and posted a $5,000 cash appeal bond on the date he was sentenced. Nearly a full year later, the Iowa Court of Appeals heard oral arguments in his appeal. On Nov. 20, 2013, the Court of Appeals reversed the District Court's conviction and gave Edouard a new trial. The State filed a request to the Supreme Court for further review of the case on Dec. 10, 2013. The Supreme Court granted the motion for further review on Jan. 23, and the oral arguments were made Monday, March 10.

The Supreme Court vacated the Court of Appeals' decision. The District Court's opinion was affirmed in part, with the exception of restitution to be paid to the State.

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We will thoroughly review the decision and perform other necessary follow-up tasks for a full report.