Prosecutor Requests Cleveland Priest be Denied Alternative Sentencing for Sex Crimes

The Leader
April 16, 2014

http://www.clevelandleader.com/node/22478

Attorney Anne Eisenhower, the chief prosecutor for the Cleveland Metroparks, has asked that Rev. James McGonegal be denied entry into an alternative sentencing program on charges of soliciting sex from an undercover park ranger at Edgewater Park in October 2013.

Eisenhower revealed that the Metroparks' investigation revealed that McGonegal "regularly engaged in the activity that is the subject of these charges". While a search of the Cuyahoga County Common Pleas court docket does not turn up any prior criminal arrests, his case file for the 2013 incident references a document listing a May 15, 1986 arrest by Cleveland police in which he was charged with promoting prostitution and soliciting prostitution, however there are no additional details. The record shows that he was given an alternative sentence which allowed him to be released on the promoting prostitution charge. The soliciting charge was dropped. It looks as though McGonegal had his record expunged in 2004. In a letter sent to prosecutors last month, Eisenhower said that this should make him ineligible for a plea bargain that would include division.

Judge Stuart Friedman, who is hearing the case, says that Eisenhower does not have any legal standing in his courtroom. Defense attorney Henry Hillow was perplexed by Eisenhower's attempted involvement in McGonegal's case, stating that she should have no say in the priest's punishment.

Pretrial negotiations reportedly involve McGonegal's eligibility for an early intervention program, and not a diversion program. With this plan, McGonegal would plead guilty to some or all of the criminal charges, and after completing treatment for a rehabilitation program the case would be dismissed and his record expunged.

McGonegal was admitted as a patient at St. Luke Institute in Silver Spring, Md., a residential treatment facility for priests, in January. It typically requires a stay of five to six months.

McGonegal is the former pastor of St. Ignatius of Antioch parish, which is located on Cleveland's West Side. He was arrested on October 11, 2013 after having propositioned an undercover park ranger at Edgewater Park. McGonegal offered the ranger $50 for oral sex and exposed himself. He has since been replaced by Rev. Michael Troha.

A grand jury returned a three count indictment charging the 69-year-old priest with soliciting sex, which is a third-degree felony due to the fact that he is HIV positive and failed to reveal this information to the ranger. McGonegal is also charged with abusing harmful intoxicants and public indecency, which are both misdemeanors.