Attorney general asks state Supreme Court to undo lenient ruling in high school teacher's sex offender case

May 10—It took less than two minutes for a Las Cruces judge on March 21 to end a convicted sex offender's probation early, with no one objecting and none of the man's victims in the courtroom.

The action by state District Judge Douglas Driggers was also illegal, according to state Attorney General Raúl 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's legal filing seeking to reverse the judge's decision in "prematurely" 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.

"We are taking this action because we believe the judge acted improperly and in violation of the law," Torrez said. He said the intervention is important also because of the way the judge handled a defense request to terminate the probation early.

"Although sex offenders must serve at least five years of probation, the district court unlawfully terminated Defendant's probation after less than three years," 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't 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' 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 "favorite," according to another of the young woman's attorneys, Mollie McGraw.

"I really hope that the order (releasing Howard from probation early) is thoroughly reconsidered," Kennedy said, quoting from a letter that T. R. wrote. "I, along with the other girls fought so hard so this never happens again. I fear that history will repeat itself." 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's 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's attorney, Jeep Darnell of El Paso, didn't return a phone message on Friday, but his motion before Driggers stated that his client "has been faithfully reporting to the Corrections Department and completed all of the required counseling" and community service. He received certificates for completion of behavior therapy and anger management programs."

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's probation officer, who said he had been "very compliant with his conditions of probation." The probation officer said he would give the court discretion on whether to terminate the probation early.

"And since he's already served more than 50 percent of his time on probation, he's eligible for early release?" Driggers asked.

"Yes, sir," the probation officer replied.

After an unidentified assistant district attorney who attended the hearing said the "state would defer to probation," Driggers addressed Darnell.

"Mr. Darnell, your job is made a lot easier. ... Do you want to take up the court's time or do you wish to pass on any response?" the judge asked. Darnell said "no."

"I think that's wise," the judge said to the sounds of chuckling in the courtroom. "Motion granted."

On Friday, Torrez said he has broader concerns about how the judiciary ensures victims' rights.

"I don't believe this to be an isolated incident in New Mexico," he said at the news conference. "In virtually every corner of this state there has been a pattern of disregarding victims' rights and failing to protect on an equal basis the rights that these individuals are entitled to."

He said his office will be "reaching out to other district attorneys," asking them for additional evidence and other occasions of victims "being treated as second-class citizens."

"The action we have taken today is the first step," Torrez said.