A former priest who was sentenced to 12 years in prison for sexual battery filed an appeal claiming he was was “deceived” into pleading guilty and arguing that his sentence was excessive.
Henry Christopher Foxhoven, 45, a former priest of Holy Cross Church in Glouster, filed a claim on April 3 claiming the victim involved in the case “induced, coerced and facilitated” the offense and the victim’s speech was provocative.
“The alleged victim made statements on behalf of the appellant and this evidence was not ever examined by the court, the judge nor did defense counsel offer any type of effective representation of behalf of his client,” the appeal reads.
Foxhoven filed a late appeal but stated his attorney failed to notify him of the appropriate time to appeal.
Foxhoven, who was originally charged with eight counts of sexual battery, pleaded guilty to three counts and was ordered to serve the sentences consecutively. He said his sentence was excessive and should have been set to a minimum of 12 months non-consecutively. Foxhoven was also a first-time offender with no prior convictions, according to the appeal.
“Foxhoven was in a position of trust and authority given to him not only by the Catholic Church, but the parishioners at Holy Cross and Saint Mary’s of the Hill” Athens County Prosecutor Keller Blackburn said. “(Ohio) statute specifically attacks this type of behavior.”
Blackburn said that by waiving his rights, Foxhoven agreed to the sentence and the court adopted a plea agreement. Not only did he hire an attorney who negotiated his surrender, Blackburn said, but it’s too late to claim an appeal.
It’s also possible that if the case was tried before a grand jury, a no bill of indictment would’ve been issued to show an insufficient amount of evidence to convict Foxhoven, the appeal read.
Each count of sexual battery was for incidents that occurred in August, September and October 2018. In the last occurrence, the 17-year-old victim became pregnant.
Foxhoven is waiting for a court-appointed attorney.
