Journal Express, Knoxville, IA

Local News

December 11, 2013

State files application for further review

Des Moines — Late yesterday, the Iowa Attorney General's Office, on behalf of the State of Iowa, filed an application for further review regarding the Court of Appeals' recent decision to throw out a District Court verdict of guilty in the sexual exploitation case against former Pella pastor Patrick Edouard. 

Edouard was convicted of four counts of sexual exploitation by a counselor or therapist and one count of entering into a pattern/scheme of exploitation by a therapist. He was sentenced to one year in prison on each of the exploitation counts and five years on the ongoing charge. The individual sentences per exploitation count will be served consecutively, and the sentence on the pattern charge will run concurrently with those. 

He filed an appeal, and the Court of Appeals granted him a new trial in a ruling filed Nov. 20. 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.’”

Text Only
Local News
  • care facility.jpg Supervisors looking for new management team

    The Marion County Board of Supervisors met in closed session Friday morning to discuss the future management of the Marion County Care Facility. 

    April 18, 2014 1 Photo

  • Troy Rider.jpg Rider's motion granted

    Judge John Lloyd has granted a motion filed by Troy Neil Rider's defense, to limit extrajudicial comment by witnesses regarding the sexual abuse case against Rider. 

    April 18, 2014 1 Photo

  • Soccer wins vs. Carlisle, Grinnell There was no time to rest for the Knoxville Panther soccer team once the season opened. The Panthers opened with their first three contests at home. Monday, April 7, they hosted the Carlisle Wildcats in historic Ken Locke Stadium. The Panthers whitew

    April 17, 2014

  • raceway concept drawing.jpg Raceway Rebate passes the House

    Rep. Greg Heartsill reports that the bill to provide up to $2 million in sales tax rebates to the Knoxville Raceway has passed out of the Iowa House of Representatives, 78-15. 

    April 16, 2014 1 Photo

  • Construction Trades pic 1 Marion County building permits on the rise

    It's expected to be a busy construction season around Marion County. According to County Zoning Administrator Missy Poffenbarger, her office has issued 17 building permits since March 18. 

    April 14, 2014 1 Photo

  • Troy Rider.jpg State responds to gag order request

    Marion County Attorney Ed Bull has filed a resistance, on behalf of the State of Iowa, to a motion made by Troy Neil Rider's defense attorney to restrict law enforcement's ability to comment on the pending case. 

    April 14, 2014 1 Photo

  • PHS FFA 10-73.jpg Pleasantville Greenhouse Plant Sales Begin Soon

    The Pleasantville High School Greenhouse will begin its annual greenhouse sales Saturday, April 19, and will continue through Saturday, May 24.

    April 14, 2014 1 Photo

  • Burn ban to be lifted at 11 a.m.

    Marion County's burn ban will be lifted at 11 a.m. Monday, April 14. 

    April 14, 2014

  • Reeds.jpg Bussey pair facing several charges

    Two Bussey residents are charged in a pair of thefts in Otley and Pella on April 5 and April 11. 

    April 14, 2014 1 Photo

  • Loebsack and Mitchell.jpg Video: Loebsack tours Knoxville Fire Department

    Knoxville Fire Chief Jim Mitchell welcomed Congressman Dave Loebsack and wife, Terry, to the fire station Saturday afternoon, April 12. 

    April 12, 2014 2 Photos 1 Video

Features
Facebook
AP Video
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Which service of the Knoxville Chamber of Commerce do you believe is most beneficial for its membership?

Events
Legislative lobbying
Promotional material publication
Educational programs for the community
Other
     View Results