St. Elmo Church Pastor Pleads Not Guilty to Sex Offender Violation, Witness Intimidation Charges

Mobile County, AL (BuzzReport) — A St. Elmo church pastor pleaded not guilty Tuesday to charges involving an alleged violation of Alabama’s sex offender registration laws and witness intimidation, as his defense attorney challenged the prosecution’s handling of the allegations and questioned whether the charges accurately reflect the pastor’s authority and responsibilities within the church.

Robert Michael Wagley, 70, pastor of St. Elmo Seventh-day Adventist Church, faces one count of violating the Sex Offender Registration and Notification Act and three counts of witness intimidation. Prosecutors allege that Wagley allowed John Penrod II, a convicted sex offender, to serve as a volunteer greeter at the church.

During Tuesday’s court proceedings, defense attorney Cody Poe argued that prosecutors have not provided sufficient details explaining Wagley’s alleged conduct, particularly regarding the witness intimidation charges. Poe also questioned whether the law cited in the case applies to the church, arguing that the facility does not primarily serve children and that Wagley may not have possessed the administrative authority to hire, employ, or assign responsibilities to the individual at the center of the allegations.

The defense maintained that pastors within the Seventh-day Adventist tradition primarily focus on spiritual leadership and pastoral care rather than the administrative responsibilities commonly associated with other church structures. Poe argued that Wagley’s role and level of authority within the congregation are important considerations in determining whether the allegations support the charges against him.

The defense also challenged the wording of the indictment, arguing that it does not adequately explain the specific actions Wagley allegedly took to intimidate witnesses. Poe raised concerns about the distinction between a pastor providing spiritual guidance or advice to members of a congregation and conduct that would legally constitute witness intimidation.

Mobile County Circuit Judge Jay York declined to grant the defense’s request for relief during the hearing, describing the legal questions raised by Poe as significant issues that could be addressed through a motion to dismiss the indictment at a later stage of the proceedings.

The case now moves forward as the defense continues to challenge the legal basis and specificity of the charges. The court’s handling of any future motions could determine whether the indictment remains intact or whether portions of the case face further legal scrutiny.

Wagley has pleaded not guilty, and the allegations against him have not been established as facts in court. The case remains pending as the legal process continues.