4 Investigates: Probation won’t be reinstated for Las Cruces teacher
LAS CRUCES, N.M. — Third Judicial District Court Judge Douglas Driggers officially closed the case against former Las Cruces teacher Patrick Howard.
After admitting to sexually touching his female students in 2021, the judge released Howard from probation years early without notification to his victims. Howard’s sentence was for five years of probation.
New Mexico Attorney General Raul Torrez called on the New Mexico Supreme Court to intervene. On Thursday, Judge Driggers denied a motion to reinstate Howard’s probation, saying the state had its chance to speak up earlier this year.
Howard’s victims begged the judge to make Howard serve out the rest of his probation. The court allowed them to testify Thursday. Then, there were some tense moments once the hearing began.
- Judge Driggers: “Why is she not here?”
- Attorney: “She lives in Washington state. And she had class this afternoon.”
- Judge Driggers: “She was given permission to appear telephonically.
- Attorney: “(inaudible)”
- Judge Driggers: “Don’t interrupt me. She knew the date and time set for this hearing.”
The judge added, “We rescheduled this at request of the state so the victims could get an opportunity to appear and testify. The state asked they be available to testify by telephone. That was granted. Understood?”
Once the hearing got underway, one of the victim’s civil attorneys did speak on her behalf.
“The fact that his early release from probation is even being considered is not only absurd but offensive,” said Mollie McGraw, the victim’s attorney.
State prosecutors now believe the early termination of probation was against state law. They said people who plead guilty to sexual offenses have to serve five years minimum. It was part of the argument from AG Torrez.
Judge Driggers disagreed with that. Both Driggers and Howard’s attorney say the state had a chance to make these arguments at the original probation termination hearing – and they didn’t.
“If I failed to raise an objection for Mr. Howard and waited 45 days to raise an objection, I would be told ‘too bad’,” said Jeep Darnell, Howard’s attorney.
The judge also granted Howard a conditional discharge. That means he is off probation and these charges are essentially off his record.
AG Torrez issued the following statement on the ruling:
“We strongly disagree with Judge Driggers’ decision to terminate probation for a convicted sex offender and will work with the District Attorney’s Office to file an immediate appeal. Unfortunately, the disregard for the victim’s rights in this case is emblematic of a larger problem within New Mexico’s criminal justice system and highlights the urgent need for a new legal framework to give them the same kind of legal protection as other participants in the process. Victims of crime should not be treated as second class citizens, and we intend to do everything in our power to honor the extraordinary courage it takes for them to seek justice in this state.”
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