A state judge says self-incriminating statements made by a former Sacred Hearts Academy teacher accused of sexually assaulting one of his students cannot be used against him in trial.
William Plourde, 54, is awaiting trial on seven counts of felony sexual assault involving a 15-year-old girl. His trial is scheduled for September.
Circuit Judge Glenn Kim ruled Wednesday that any admissions Plourde gave a Honolulu police dispatcher when he called 911 asking to turn himself in, and to the officer who showed up at his Date Street apartment in August were not made voluntarily.
The girl’s father was standing next to Plourde when he made the 911 call and talked to the responding officer.
Kim also ruled that prosecutors cannot use any statements the girl’s father attributed to Plourde.
He had earlier thrown out the statement Plourde gave a police detective because the detective continued to question him after Plourde said he didn’t know whether he wanted a lawyer.
Plourde called 911 on Aug. 7 asking to turn himself in.
Sacred Hearts Academy Head of School Betty White said she had fired Plourde earlier that day after school administrators received and confirmed a claim against him.
Officer Glenn Chong said he went to Plourde’s apartment on a report that a man wanted to turn himself in for a child abuse case. When he arrived, Chong said, the girl’s father was outside the apartment, and Plourde was sitting down inside.
He said Plourde identified himself as the person who called 911 and said he did so because he had contact with a minor. When he asked Plourde to clarify, he said Plourde "said he felt up and kissed a minor."
At that point, Chong said, the girl’s father shouted, "What, you kissed my daughter?"
Chong said he stopped Plourde from saying anything more and, with the father having returned inside, separated the two men.
Plourde said in court last week that the girl’s father showed up at his apartment and told him, "I want to kick your ass and throw you off the balcony."
He said the father then told him, "But I’m not going to do that ’cause you’re gonna call the cops and you’re gonna turn yourself in, and you’re gonna plead guilty and take whatever punishment the court gives you."
Plourde said he did what the girl’s father told him to do because he was terrified.
The father testified that he yelled at Plourde but did not threaten him. He said Plourde apologized, said he shouldn’t have done what he did and said that he messed up.
The father said he then asked Plourde, "What you going to do about it? The school did nothing about it. So (are you going to) call the cops, you gonna turn yourself in?"
Kim said, "I don’t see how any reasonable person can’t well imagine what that scene was like. How Mr. Plourde could not have felt the very least intimidated by (the girl’s father) is beyond me."
