Journal Express, Knoxville, IA

News

February 27, 2014

Supreme Court to hear arguments in Edouard case

Des Moines — The Iowa Supreme Court is expected to hear oral arguments in the appellate case of Patrick Edouard on March 10. 

Chief Justice Mark Cady issued the order for oral arguments on Feb. 6. According to the Supreme Court's website, arguments will be made Monday, March 10, at 1 p.m.

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.”

In the State's request, it is written that the District Court ruled that the opinions of Dr. Hollinda Wakefield, a forensic psychologist, would not be helpful to the jury, was not based upon recognized standard and were not relevant to use of the terms "mental health services."

The hearing before the Supreme Court is open to the public. 

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