ATHENS (GA)
Athens Messenger
April 7, 2019
By Steve Robb
A former Glouster priest is claiming he was coerced into pleading guilty to three counts of sexual battery and argues that the 12-year sentence he received is excessive.
Henry Foxhoven, 45, who was a priest of Holy Cross Church in Glouster, filed notice this week that he is appealing his conviction to the 4th District Court of Appeals. He missed the normal 30-day deadline for filing an appeal, but has asked the court to allow him to file a delayed appeal, claiming his trial attorney failed to file a timely notice of appeal.
Foxhoven pleaded guilty last November in Athens County Common Pleas Court to three counts of sexual battery. He was accused of being sexually involved with an underaged parishioner who became pregnant. Foxhoven pleaded guilty to a bill of information, rather than have the case go to a grand jury for indictment.
As part of the appeal, Foxhaven claims he had ineffective assistance of counsel.
“…Defense counsel coerced and induced a guilty plea from Mr. Foxhoven by threatening him with 20 years if he goes to trial for a 3rd degree felony of sexual battery that only carries 1 to 5 years maximum penalty,” the appeal brief argues.
Although he pleaded guilty to three counts which resolved the case, Foxhoven had initially been charged in Athens County Municipal Court with eight counts of sexual battery involving the same girl. If the case had been taken to a grand jury, it’s conceivable he could have been indicted on more than three counts.
Foxhoven was sentenced to four years in prison on each of the three counts, and Common Pleas Judge Patrick Lang ordered the sentences be served consecutively for a total of 12 years.
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