Betrayal of Faith

by Mark M Bello

  “Even giving the church the benefit of the doubt, Bartholomew should have been defrocked after the O’Connell and MacLean boys were abused,” Blake stated the obvious.

  “The Farmington placement was a horrible mistake in assignment. His placement was to a monastery. Somehow two assignments were accidentally switched. The results, of course, have been devastating.”

  “You think? Tell this to Jennifer Tracey! Talk to her sons,” Blake snarled. “So, you guys screwed this up. Why not come clean, admit the mistake, and offer a fair resolution and an apology. That’s all Jennifer ever wanted. Instead, we have two missing families, a dead janitor, a fucked-up priest, and a very angry Jennifer Tracey.”

  “The janitor is . . . is . . . dead? Are you sure?” The caller stuttered.

  “Absolutely. You mean you didn’t know?” Blake gasped.

  “We were told he was taken care of. ”

  “Well, that’s one way of looking at it. Where are the O’Connell and MacLean families? I need them in court tomorrow,” he demanded.

  “I have no idea. The Coalition was consulted and voted to ensure silence. Two of us dissented to this and other clandestine practices regarding this case. I argued the church should do as you have suggested—‘come clean,’ as you say, apologize, provide treatment, remove Bartholomew from the priesthood, and generously compensate the victims. After all, we are all church members, equals in the eyes of God. The vote was to ensure silence. If these people have disappeared, it may be the work of our leader. I can’t be positive.”

  “This is all very interesting. It would make for excellent testimony at the trial and assure the ‘generous compensation’ you mentioned.”

  “I’ve called you at great personal risk, Mr. Blake. I’m not sure I can testify, but I’ll contemplate it. Meanwhile, you’ve subpoenaed our leader, and you could pose these questions to him.”

  Of course! Blake remembered. The old priest at the first meeting and the plea bargain! He’d almost forgotten. How could he forget that smug face? The judge’s research clerk served him at the plea hearing. What was his name?

  “He won’t be forthcoming,” Blake opined.

  “Let’s see what develops. If I’m needed, I’ll make myself known and testify.”

  “Sounds fair. How do I reach you?”

  “I’ll reach you, Mr. Blake. Goodnight . . . and good luck.”

  The caller hung up before Blake could thank him. Did this call move the case from the edge of defeat? If Blake couldn’t get the old man to crack, this young priest—Blake assumed he was a priest—might testify to the church’s clandestine placement and cover-up operations. These guys handled and bungled this entire thing. Incredible!

  Blake finished writing his opening statement. He continued to recite to the mirror, repeatedly, pacing around a make-believe courtroom, well into the night. He couldn’t sleep. Tomorrow was the biggest day of his life. He was ready, he decided. Tomorrow, Zachary Blake and the Tracey family would begin the end of their quest for justice. Blake turned back to the mirror.

  “Ladies and gentlemen of the jury, my name is Zachary Blake, and I represent the plaintiffs . . .”

  Chapter Fifty-One

  “ . . . Jennifer Tracey and her sons, Jake and Kenny.”

  Trial had begun. Trial briefs were presented to the court. Jury instructions were debated for most of the morning. Judge John Perry conducted voir dire. He even permitted the lawyers to ask various questions. Would wonders never cease?

  Perry was an older man with greasy hair and a bad dye job. He was a smart judge, a former plaintiff attorney, and a perfect draw for Blake’s case. Judge Perry was acutely aware religion would play an important role in the trial. Thus, the religious attitudes of the jury pool were vital to the attorneys, and Perry extended wide latitude to both attorneys.

  After an arduous process, the jury was assembled. It was comprised of seven people – four women and three men, six jurors and one alternate. The alternate was not identified until the case was submitted to the jury. For the time being, all seven would hear the case.

  Blake tried to select as many young mothers to the jury as possible. All four women selected fit the bill. He was much less confident of the men, but experience told him he wanted blue-collar, not corporate types. Two of the three men fit the bill. He was satisfied with the process and the selected jurors. Utopia, thought Zachary, would be for the alternate to be the lone corporate-type male. On the flip side, if the guy made the cut, he’d probably be the foreperson.

  Blake scanned the courtroom. He saw no one who might be his mysterious caller. The trial was televised. Perhaps the caller would follow the proceedings on television. The Coalition leader sat in the first row of the gallery, clutching his subpoena. No sign of the MacLean or O’Connell families, Blake expected them to be a no-show.

  Judge Perry invited Blake to proceed with his opening statement. Blake rose and introduced himself and his clients to the jury. He took a deep breath. There was nothing at stake in front of the mirror.

  “This is the first of two opportunities I will have to address you directly, ladies and gentlemen. This presentation is called the opening statement. Its purpose is for the lawyers to tell you what they intend to prove. This is very important because the second time I address you will be at the end of the trial. That address is called the closing argument. At that time, I will summarize the evidence presented in proof of the case.

  “Why is this important? Because—and listen carefully . . .” He walked over to the jury box, leaned on the polished wooden railing, and looked each juror in the eye. The technique proved effective. Each juror was poised, waiting for this important tidbit of information. “If Mr. Walsh or I promise to prove something to you in our opening statement, you must hear evidence supporting that promise during the trial. That evidence should be highlighted and reviewed in closing argument. If you haven’t heard evidence proving that point, the attorney’s burden has not been met. Opening statements are not evidence, nor are closing arguments. Evidence comes only from the testimony of witnesses and parties, and the exhibits presented.

  Opening statements are still important, though. Why? They represent an attorney’s roadmap for the case, his promise to prove the truth of all his assertions. If he strays off course, fails to prove what he promised, you must hold him accountable for this failure. If, however, he proves each assertion and identifies these proofs in closing argument, reward him and his client with your verdict.

  Please listen carefully to my promises of proof. Listen to Mr. Walsh’s offers of proof. I will prove each and every assertion I make in this opening statement. Hold me to this promise. Do the same with Mr. Walsh. If you do, you’ll render a sizeable verdict for the plaintiffs in this case.”

  Challenged to listen carefully to Blake’s opening, the jury did just that. Zack spun a riveting tale, starting with the death of Jennifer’s husband, the boys’ father. He described how the widow and her family turned to the church for comfort and received it for three years from Father Bill. Zack described Father Bill’s sudden transfer, the subsequent arrival of Bartholomew, and of the ill-fated camping trip that shattered their lives. He described the elaborate cover-up, the hiring of Dr. Rothenberg, the telephone-tapping operations, and conversations with Costigan. Rothenberg would testify his phones were tapped. He would describe the boys’ condition when he first saw them, the progress they have made, their present condition, and the traumatic events that caused their condition.

  “The church knew of Bartholomew’s propensities to molest children, before placing him at Lakes. Because of their perceived shortage of priests, church officials, with knowledge aforethought, covered up his history. They welcomed a child predator into the priesthood, but, worse, they placed this predator in a parish, with many young boys to prey upon. We will present testimonial evidence from a member of the secret church organization whose job it was to cover up these acts and save the church from embarrassment. We have video footage of certain
parties, associated with the church, breaking into a hotel where families of the previous victims were staying. We will present testimonial evidence of Bartholomew’s prior abuses in Berea, Ohio, the church’s cover-up of those crimes, and their transfer of this predator to Michigan, with no public warning.”

  This was a risky promise. Zack could prove the prior predatory conduct through evidence of the plea bargain and Jack’s testimony. Unless the MacLean and O’Connell families showed up and testified, he could not prove that the church knew of the charges or the plea. Phillip Jack could not attest to the church’s direct knowledge.

  Zack also promised to present testimony from a member of the Coalition. If the mystery caller refused to come forward, this testimony would have to come from Moloney, who would not be truthful. Zack hoped the jury would assume the truth, but he prayed for the miracle that all would show up and testify. This was the weakest part of his case, and the jury could easily reject his claims for lack of evidence.

  He moved on to damages, describing the devastating effect these heinous acts had on the Tracey family. He promised testimony from the plaintiffs, family members, teachers, friends, Costigan, and Rothenberg to prove the traumatic result. Blake concluded a brilliant oratory by asking for a huge damages award, arguing the proofs would justify any sized award he ultimately decided upon. Blake thanked the jurors for their kind attention and advised he trusted them to do the right thing.

  Zack returned to his seat, having delivered the best opening statement of his career. Jennifer patted his hand and smiled her appreciation. Judge Perry glanced at his watch and announced the hour was late. He adjourned for the day, a positive development for the case. The jury would now spend the night reflecting only on Zack’s version of events, with no contradictions from the defense. If only he could deliver on his promises . . .

  Chapter Fifty-Two

  Walsh was low-key but impressive on opening statement. According to the evidence, Bartholomew was convicted of fourth-degree criminal sexual conduct, simple genital touching. Blake, Tracey, and the boys were grossly exaggerating the scope of conduct.

  “Further,” continued Walsh, “the church had no knowledge of the events in either the Berea or Farmington. Bartholomew hid his activities and proclivities from the hierarchy, and church officials are grateful to Mrs. Tracey for bringing the matter to their attention. After she did so, the church removed Bartholomew from the parish and placed him into treatment.

  Church official volunteered to pay for treatment for the boys, despite having no obligation to do so. They referred the boys to Dr. Rothenberg, who Mr. Blake says has been terrific for the boys. The church is the single largest charitable institution in the world and does more good things for society than all other charitable institutions combined. A secret organization within its hierarchy, whose purpose is to cover up criminal acts and punish parishioners? An absurd premise!” Walsh invited the jury to use common sense to completely dismiss this notion.

  “Something happened to the boys—there is no doubt of that. But the church is not responsible for the actions of a rogue priest. We are in this lawsuit only because the wrongdoer has taken an oath of poverty. The church, on the other hand, has deep pockets. A judgment against the church is against the great weight of the evidence. Such judgment will also pilfer money from a worthy charity.

  “Mr. Blake says the church was involved in a cover-up, hold Mr. Blake to his promise and make sure he proves this serious accusation. Where are his witnesses? Where are the so-called previous victims? Mr. Blake must produce these victims, and they must testify the church was involved. Mark my words, ladies and gentlemen, they will not be at this trial because they do not exist.” He returned to his table and sat down, never taking his eyes off the jury.

  Zack thought Walsh’s opening statement was fine. The jury was attentive. But, Zack felt Walsh lacked conviction, like his heart wasn’t in it. The jury could believe the case was exaggerated, a veiled money grab, especially if the families failed to appear. After all, Walsh told them to make Blake prove his allegations, and Blake didn’t have the proof.

  After Walsh sat down, Perry instructed Blake to call his first witness. The show was about to begin in earnest. Zack was ready.

  “Plaintiffs call Father Gilbert Moloney to the stand, under the adverse party statute.” Zack read the name from the subpoena. The surprised older priest, seated beside Walsh at the defense counsel table, rose and approached. The anonymous Voice now had a name. He was not all-powerful and was no longer a mystery. He was a mortal, merely a man in a place where the person in power was Zachary Blake. The witness was sworn in and took the stand.

  “Please state your name and occupation for the record?” Blake demanded, positioned at the jury box, so Moloney had to face the jury when answering his questions.

  “Father Gilbert Moloney, employed by the church’s North American Division.”

  “What, exactly, do you do for the division, Father Moloney?”

  The title of respect was distasteful to Blake, but he believed the jury would view such lack of respect with disfavor.

  “I supervise parish bishops, priests, and lay employees.”

  “Oh, and do you do this in a public or private fashion?”

  “I don’t know what you mean.”

  “Do the bishops and priests know you’re their supervisor?”

  “Some do, most do not.”

  “In fact, you operate in secret, don’t you?”

  “You could say that,” Moloney conceded. He rolled his eyes to emphasize the meaningless point. Zack believed it was essential to confirm the existence of a hierarchy operating in secret. A secret organization within the church was vital to exposing the cover-up. He bore in.

  “You guess?” Zack sneered. “‘The Coalition,’ the name of your little group, is deliberately clandestine, isn’t it?”

  The Voice paused. If he was shocked, he concealed it well. He spoke calmly and succinctly.

  “Secrecy is necessary for effectiveness. Coalition members attend services, church functions, outings, and so on, as parishioners rather than supervisors. We don’t want employees showing off for their bosses. We want them to be themselves, to observe how they handle day-to-day job functions. The program works quite well. We have the finest clergy and lay staff in the country.”

  Zack was impressed with this reasoned response. Of course, the Coalition was necessary. This witness could handle tough questions and think on his feet. Zack would have to show the jury the Coalition’s true calling.

  “Except for Father Gerry Bartholomew,” countered Zachary.

  “Father Gerry expertly hid his activities from us, Mr. Blake. We can’t be everywhere or prevent everything,” reasoned Moloney.

  Another good answer, Moloney is smooth! Maybe I could get him to admit that one man’s “we can’t prevent everything” was another’s “negligence” and a verdict against the church . . . “It is my understanding the church knew of Gerry’s tendencies toward pedophilia during his seminary years. In fact, didn’t the church provide professional treatment for that condition?” He approached the witness and got as close to Moloney as Judge Perry would permit.

  Zachary knew the statement was true. So did Moloney, but without the mystery caller, Zack couldn’t prove it. Would Moloney admit it?

  “That is absolutely untrue, Mr. Blake,” the Voice lied. “The church turned over all its files on Father Bartholomew. There is nothing to substantiate such a charge. I know winning this case is important to you—there is a great deal of money at stake—but this charge is irresponsible.”

  Moloney was well coached and saw an opportunity to go on offense. He mentioned money as a motive to sensationalize. The courtroom buzzed at the response and Perry slammed his gavel, ordering noisy spectators to be quiet.

  “Order in the court. If you people can’t behave yourselves, I will clear this courtroom.”

  “Objection, Your Honor!” cried Zack. “Move to strike everything after ‘t
hat is absolutely untrue’ as nonresponsive and ask the jury be instructed to disregard. Please order this witness to refrain from making speeches and to limit his answers to the questions he is asked.”

  “So ordered,” Judge Perry agreed. “All comments after ‘That is absolutely untrue’ are hereby stricken. The jury is admonished to disregard.”

  Perry turned to Moloney and glared down at him from the bench. “Father Moloney, please listen to the question, answer the question, and refrain from making speeches.”

  “Yes, Your Honor,” Moloney whispered.

  The courtroom fell silent. Blake and Moloney played cat-and-mouse throughout the morning. The Voice dodged numerous questions, but Zack began to wear him down and gained confidence in the process. Moloney’s answers appeared to be rehearsed or practiced. There was arrogance about him, a ‘you-can’t-touch-me-or-my-church’ tone that Zack hoped the jury picked up on.

  On the other hand, according to Moloney, the church knew nothing of Gerry’s previous propensities, and nothing about the MacLean or O’Connell families. Blake mentioned the previous victims by name, and Moloney didn’t even flinch. The church knew nothing of Bartholomew’s prior convictions and had no part in any plea bargain of the charges in this case.

  As far as Moloney knew, the charges were reduced because Fourth Degree Criminal Sexual Conduct was the crime of which Gerry was guilty. Blake would need the families or the mystery caller to testify. Blake prayed the families were out there, somewhere, watching the proceedings on television. Perhaps the caller was too, equally angered by the Voice’s smug testimony.

  Walsh’s cross-examination was brilliant. He developed the priest’s curriculum vitae and went through his entire distinguished career, his parish work, his charitable work, and his work with children. Moloney counseled and nurtured the children. Moloney described personal community outreach for which he received citizenship awards and decrees.