Featured
Attorney general asks state Supreme Court to undo lenient ruling in high school teacher's sex offender case
Patrick Howard was sentenced to five years probation after pleading guilty to one count of criminal sexual contact and battery. Both charges involve former female students.
Published
Modified
It took less than two minutes for a Las Cruces judge on March 21 to end a convicted sex offender鈥檚 probation early, with no one objecting and none of the man鈥檚 victims in the courtroom.
The action by state District Judge Douglas Driggers was also illegal, according to state Attorney General Ra煤l Torrez. On Friday, Torrez asked the New Mexico Supreme Court to intervene in the case of a former Las Cruces High School science teacher who had multiple female underage students as his victims. Less than two weeks before the ruling, a federal court jury hearing a civil rights case against Howard awarded one victim $44 million in damages.
On Friday, Torrez, joined by 3rd Judicial District Attorney Gerald Byers, announced his office鈥檚 legal filing seeking to reverse the judge鈥檚 decision in 鈥減rematurely鈥� terminating the five-year probation of Patrick Howard two years early.
A once-popular high school teacher, Howard, 60, pleaded guilty in 2021 to criminal sexual conduct of a minor and battery involving two Las Cruces High students in 2018. At the time, Driggers placed Howard on five-year supervised probation, sparing him from having to register as a sex offender. The judge also granted him a conditional discharge of his case if he successfully completed probation, which included anger management and sex offender treatment.
Torrez said, by law, Howard was required to remain on supervised probation for at least five years because he was a sex offender.
鈥淲e are taking this action because we believe the judge acted improperly and in violation of the law,鈥� Torrez said. He said the intervention is important also because of the way the judge handled a defense request to terminate the probation early.
鈥淎lthough sex offenders must serve at least five years of probation, the district court unlawfully terminated Defendant鈥檚 probation after less than three years,鈥� stated the writ seeking Supreme Court action.
Moreover, the court did so in violation of the Victims of Crime Act by holding the hearing without the victim being notified or being present in the court and without providing her an opportunity to provide her position on the early termination of probation, stated the AG in the legal filing.
Victims have a right to notification of court proceedings and the right to make a statement to the court at sentencing and at post-sentencing hearings, Torrez said.
Byers said his staff didn鈥檛 have enough time to contact victims, given the two-day notice of the hearing by Driggers, who has spent 19 years as a state district judge.
A woman who answered the phone at Driggers鈥� office on Friday said the judge had no comment because of the pending litigation.
Shannon Kennedy, one of the attorneys who represented the former student, T.R., said she has finished her first year of school out of state to become a veterinarian.
Howard used to call the young woman his 鈥渇avorite,鈥� according to another of the young woman鈥檚 attorneys, Mollie McGraw.
鈥淚 really hope that the order (releasing Howard from probation early) is thoroughly reconsidered,鈥� Kennedy said, quoting from a letter that T. R. wrote. 鈥淚, along with the other girls fought so hard so this never happens again. I fear that history will repeat itself.鈥� Civil lawsuits filed by several other former students were settled out of court.
Howard was indicted in 2018 after several female high school students reported that he had touched them inappropriately at school or while they were asleep on school-related trips. He was also the adviser for the school鈥檚 chapter of Future Farmers of America at the time. Howard resigned from his teaching job, a move McGraw said would potentially allow him to reapply and teach again.
Howard鈥檚 attorney, Jeep Darnell of El Paso, didn鈥檛 return a phone message on Friday, but his motion before Driggers stated that his client 鈥渉as been faithfully reporting to the Corrections Department and completed all of the required counseling鈥� and community service. He received certificates for completion of behavior therapy and anger management programs.鈥�
A recording obtained by the Journal shows the hearing lasted about 1 minute, 37 seconds. It revealed that Driggers first asked to hear from Howard鈥檚 probation officer, who said he had been 鈥渧ery compliant with his conditions of probation.鈥� The probation officer said he would give the court discretion on whether to terminate the probation early.
鈥淎nd since he鈥檚 already served more than 50 percent of his time on probation, he鈥檚 eligible for early release?鈥� Driggers asked.
鈥淵es, sir,鈥� the probation officer replied.
After an unidentified assistant district attorney who attended the hearing said the 鈥渟tate would defer to probation,鈥� Driggers addressed Darnell.
鈥淢r. Darnell, your job is made a lot easier. ... Do you want to take up the court鈥檚 time or do you wish to pass on any response?鈥� the judge asked. Darnell said 鈥渘o.鈥�
鈥淚 think that鈥檚 wise,鈥� the judge said to the sounds of chuckling in the courtroom. 鈥淢otion granted.鈥�
On Friday, Torrez said he has broader concerns about how the judiciary ensures victims鈥� rights.
鈥淚 don鈥檛 believe this to be an isolated incident in New Mexico,鈥� he said at the news conference. 鈥淚n virtually every corner of this state there has been a pattern of disregarding victims鈥� rights and failing to protect on an equal basis the rights that these individuals are entitled to.鈥�
He said his office will be 鈥渞eaching out to other district attorneys,鈥� asking them for additional evidence and other occasions of victims 鈥渂eing treated as second-class citizens.鈥�
鈥淭he action we have taken today is the first step,鈥� Torrez said.
