Friday, April 13, 2007

Van Meter, IOWA

Sentenced to 10 years on one charge, 2 on another. To run consecutively. He was an outrage of the month.

Dec 8, 2006 - Phillip Padilla, 39, a Van Meter teacher and coach, is scheduled to appear in court, charged with sexually assaulting a female student. He was arrested and arraigned in October on charges stemming from a relationship with a 14-year-old student."

According to court documents, Padilla admitted that he had at least five incidents involving the victim from the spring of 2006 to the fall of 2006. Padilla also admitted that he was fully aware of the victim's age at the time of the relationship." He pleaded not guilty, though.

Parents were incensed with the School Board for not acting on their earlier complaints.


Padilla had first drawn the attention of concerned parents last summer when he was arrested for charges of driving while intoxicated. [TT- turns out he was 3.5 times over the limit.] At about the same time rumors began circulating about charges that had been brought against Padilla at a previous district where he had taught in Bethany, Mo.

In a Sept. 6 article printed in the Bethany Republican-Clipper, the current charges against Padilla were described as "hauntingly similar" to charges filed against him in that district. Padilla was acquitted of the Bethany charges but his contract with the district was not renewed.
In Missouri, Padilla was tried in 1992 and in 1993 on two separate charges of misdemeanor sexual abuse for molesting two under-age female students.

His supporters in Bethany, MO were vocal and "the article described threats, harassment, destruction of property and intimidation by people supporting Padilla. Black arm bands were worn by supporters who attended court proceedings."
[Sounds more like union than baseball team members.]

His contract wasn't renewed. As a result, Padilla sued the district in federal court for violation of his civil rights and at one point appeared on the Geraldo Rivera talk show with his attorney. How he was ever hired in Iowa remains unclear. Especially in light of testimony during his trials. [In fact, his testimony during the trials became the basis of his eventual firing.]

TT -Oddly, Padilla offered his resignation to the Van Meter, Iowa school board after the drunk driving charges last year, but it was rejected by a majority of the board members who allowed him to resign as coach of the girl's softball team, but -- get this -- he was allowed to continue as coach for the boy's basketball team and continued in his position as social studies teacher for the district.

Voters retaliated by voting out two school board members.

Update Feb 2, 2007 - Iowa Board of Examiners have permanently revoked Padillas' teaching license. [That's now two states where he can't teach.]

Update Feb 2 - A reader alerted us a link to an update that Padilla may be entering a plea deal.

Update Feb 23 - Padilla pleaded guilty to to sexually abusing a student. "Padilla's conviction comes more than a decade after he was acquitted of sexual assault in 1994, when he was accused of having sex with a 15-year-old female student in Bethany, Missouri, where he was a teacher and coach."

Specifically, he pleaded guilty to third-degree sexual abuse, a class C felony, and sexual exploitation by a counselor, therapist or school employee, an aggravated misdemeanor.

Sentencing is set for April 13.

Link to U.S. Court of Appeals decision to reverse a decision on his case against the school district for firing him. A jury found that Padilla's First Amendment Rights were violated when the district fired him because of statements he made testifying in a criminal trial. The jury had also awarded him $385,000, court costs and attorneys fees. Pdf The U.S. Court of Appeals, Eighth Circuit disagreed and reversed the judgement.

KCCI Channel 8, Des Moines on the plea deal.

The student and her family watched from inside the courtroom as Padilla told a judge in his own words what he did beginning at the end of the last school year.

"While teaching in Dallas County, I did commit sexual acts, mutual sex acts with a student, (who was) under the age of 15," Padilla said.

Padilla faces 10 years on one charge, two on the other, and he will be on parole for the rest of his life. He also must register as a sex offender.
Padilla will remain in jail until his sentencing in April.

Update Apr 13 - Padilla was sentenced to 10 years for the sexual abuse charge and two years for the sexual exploitation charge. The sentences are consecutive. He will serve the 10 years, then two more years.

Padilla's apology was still self-serving to the end.

"The one thing is that I am truly sorry. Even though this is a mutual relationship, I take full responsibility for my actions. This was the outcome of poor judgment and poor decision making," Padilla said.
TT - Part of the plea agreement was parole for the rest of his life and he will have to register as a sex offender, although the news story does not say whether the judge imposed it.