Thanks for the insight. Maybe I am confusing him. I don't even try to take him outside anymore, we are working strictly on the pads this week.
I put him in his crate only when I'm not home, but he hasn't been in there much lately. I just opened a business and I have a private office with his pads so he has been coming to work with me every day. I'm trying to really keep an eye on him so I can learn his patterns. He's just sooo sneaky and quick about going and I know I have to catch him in the act.
The pen is a good idea. I will look into getting one this weekend for him.