"Oh boy," Hawk whispered, "I don't recall that as part of the report."
"I didn't say that" Josh protested. "I never said black head, I said head...at least I think I did."
"Well, it is out there now,” Hawk growled. "What do I do? If I argue it is wrong, the jury will pay more attention, if I ignore it, they think it is true. You didn't fudge the damn report did you?" Shaking his head.
"No," Josh protested, "I put what I said, as I remembered it."
Collucci let the statement sink in a bit, and then overplayed the hand, "So let me make sure I understand. Sergeant Williams, pointing a weapon at Mr. Machado, said 'Stop right there you motherfucker or I will blow that fucking hood off with your black head in it, is that correct?"
"Objection," Hawk was on his feet, "there is no testimony as to Josh pointing his weapon. Mr. Collucci is trying to incite the jury"
"Sustained, rephrase the question."
"When Sergeant Williams made that statement was he pointing his weapon at Mr. Machado?" Turning to enjoy the jury's reaction.
"No, he was not." Jim replied, "It was pointed in the air, away from Anthony."
Collucci snapped around, "Sergeant Williams had the weapon in his hand, did he not?"
"Yes, yes he did, but it wasn't pointed at Anthony."
"Thank you Father, but nevertheless, as far as you could see, the only weapon visible was the one held by Sergeant Machado, correct?"
"Yes," Jim responded, looking at the jury.
"How close was Sergeant Williams to Mr. Machado?"
"I'm not sure," pausing a moment, "about the distance from me to where Josh, I mean, Sergeant Williams is sitting. I'm not good at guessing distances." Jim looked at the Judge, "sorry."
"What happened next?"
"Anthony, Mr. Machado, started to move closer to the Sacristy door, I heard him say 'I tried to get him to stop', several times. He sounded as if he were crying or sobbing."
"What did Sergeant Williams do?"
"He was yelling at Mr. Machado to stop moving, but I couldn't make it all out. I was moving back away from the door. I didn't want to be seen," looking at the floor.
"Go on Father, did you see Sergeant Williams do anything else?"
"No, as Mr. Machado kept moving toward me, I saw him raise his right hand and start to turn toward Josh. I thought he held something in his hand. I was afraid," looking down at his hands, "I closed the door, a few moments later I heard the shots," pausing to take a breath. "I looked out once more and saw Sergeant Williams doing CPR on...”
"A moment Father," Collucci tried to derail the answer, "did you see anything in Mr. Machado's hand?"
Hawk was writing notes as fast as he could.
"I am not sure, there may have been. I don't know."
"So is it safe to say that at the time Sergeant Williams shot and killed Mr. Machado, you closed the door and could not see what happened?"
"That is true. I did not see the actual shooting. I did see Sergeant Williams doing CPR, trying to save Mr. Machado," Jim said, trying to soothe his conscience.
"Father, what did you do after the shooting?" Collucci was going to emasculate the man now that he was through with him.
"I am not proud of this," dropping his head, "I closed the door and went to the residence."
"You never told the police what you saw, did you?"
"No, I did not."
"And you didn't come forward until after you read about Sergeant Williams's indictment?"
"Yes, I wanted to let the police know what I witnessed. I wanted..."
"I have nothing further, your Honor," Collucci finished, dropping into his chair.
"Mr. Bennett, cross-examination?"
Hawk knew better than take any comfort in the smile on Rodericks' face. He was not smiling because Collucci snatched defeat from the jaws of victory. He was smiling because he took pleasure in any lawyer's failure.
Josh was not going to like what was coming, but it was necessary.
"Father Swanson, when did you first report you were a witness to this incident? It wasn't to the police was it?"
Jim blanched a bit then rebounded, this was expected. "I went to speak to the lawyer representing David Ventraglia."
"And who is that?"
"Steven Harris."
"You never went to the police about what you saw until you spoke to Steven Harris, correct?"
"Yes, I, have no way to explain. After I met with Mr. Harris, the FBI came and spoke to me. That's when I gave them my statement about being there and seeing what happened."
"Father Swanson, how did you come to know Anthony Machado?"
On one of those rare occasions, Hawk went with instinct over planning.
"He was an altar boy at the parish when I was a young priest."
Hawk knew from the eyes, there was more to this.
"How long was he an altar boy?"
"He served for three months."
Now there was no doubt.
"So you recall an altar boy from more than twenty years ago, that only served for three months? It seems odd wouldn't you say?"
"Anthony was special."
"Why was that?"
Once again, eyes betray.
"Anthony experienced some problems. His mother suffered substance abuse issues," looking at his hands, "and there were other things."
"Other things, such as?"
Hawk could see. He knew he was on to something. Instincts kept him alive in Vietnam, and they were right again.
"Anthony told me he was molested. I cannot explain more; it is under the seal of confession."
Once again, Collucci leaped before looking, assuming Jim was hiding something useful.
"Your honor, while there is some protection offered to penitents, Mr. Machado is dead as a direct result of the defendant's actions, we need to know what he may have revealed. Rhode Island law requires clergy to report matters of abuse learned as a result of confessions."
Hawk stood there a bit bemused. "Your Honor. I am gratified by my brother's support of compelling this testimony, and I concur. If Father Swanson learned of abuse within the course of hearing confession, he is required by law to report it."
Rodericks looked at some notes for a moment, "I am going to excuse the jury. This will allow the court time to consider this matter. Ladies and Gentlemen, you are excused for the day; we will reconvene Friday morning, 9:00 AM. Please do not discuss this case with anyone, otherwise enjoy your time off."
Once the jury left the courtroom, Rodericks looked to Father Swanson, "Father, are you aware of the limitation on Clergy-Penitent privilege in matters of abuse?"
"Yes, your Honor, I am. This confession took place over twenty-three years ago. The law was different at that time. I do not believe I am under any obligation to report that. Anthony is dead and it is of no benefit to him," Jim replied nervously, "I will seek guidance from the Diocese on this. However, I am disinclined to reveal anything more, with all due respect, to the court."
“Thank you for your candor, you may step down from the witness stand, for the moment, Father."
"Mr. Bennett, I am not sure I see the relevance here. If your purpose is to diminish the credibility of this witness, I do not see this as germane."
"Your Honor, if Mr. Machado suffered abuse, and told Father Swanson, it may reveal some motive for his actions in the church. The defense theory on this matter is that Mr. Machado's actions, even if we assume Sergeant Williams was lacking absolute knowledge of Machado's involvement in the robbery, were of such a threatening nature, and in total disregard of the lawful commands of this officer, that they in of themselves would be enough for a reasonable person to perceive a threat. If some psychologically significant event such as molestation, in fact, occurred in Mr. Machado's past, it could explain his irrational behavior, and support an objective perception that he was dangerous."
"And if the good Father is compelled to testify, and evokes the privilege against self-incrimination, where would that lea
ve us, still without the information you seek and no avenue left to pursue." Rodericks closed his eyes, leaned back a moment and continued, "Mr. Collucci, what is the government's position on this?"
Collucci saw this as a way to bring even more sympathy for Machado. Not only is he killed for being black, but also a white priest failed to report his being molested by another white priest. Machado suffered for years from an uncaring, bigoted system. This just keeps getting better, Collucci thought.
"Your Honor, the government needs some time to research this, however on its surface, I agree with the fact Father Swanson is under a legal obligation to testify. The Clergy-Penitent privilege offers no protection here. If Mr. Bennett wishes to pursue this line of questioning, the government does not object."
Returning to his seat, Collucci and Fleming huddle.
"Are you sure about this, Robert," Fleming asked, "if Bennett turns Swanson into a bad guy over this doesn't that ruin his credibility?"
"They may not like the priest after this, but it's not about him anyway. We got Williams's statement in. I'll push that in the summation, that's what they'll remember."
Rodericks wrote down some more notes, looked up and said, “The Court will consider this matter and entertain argument prior to resuming the trial in the morning. Mr. Collucci, please advise Father Swanson to be here, available to the court, Friday morning."
Rising to address Rodericks, "Yes, your Honor, I will have Father Swanson available at 9:00 AM," sitting back down he thought, maybe I should call my cousin the Bishop again, just in case.
As Hawk was packing his briefcase, Josh handed him a document pointing to a particular section. Hawk read it, looked up at Josh and said “Well, my boy. I never said I was infallible. How did we miss this?”
Josh shook his head, “I guess the shooting affected me more than I realized.”
“Well,” Hawk replied, “At least your report was accurate. Inconvenient, but accurate.”
Chapter 56: Sanctuary in Sanctity
Robert Collucci hung up the phone. This can be either the worst thing to happen, or the best, he thought.
Using the information to manipulate that wimpy priest was never in doubt. If the Bishop became a casualty, so be it. He would look even the bigger hero taking down the conspiracy of silence within the church, the cousin aspect spun to his advantage of course.
Incorruptible.
An hour later, having explained a redacted version of the situation to Fleming, he sent for the good father.
Father Jim walked into the office, determined not to be a pawn in this matter anymore. Jim glanced at Fleming, surprised to see her, nodded, turning to Collucci.
"Mr. Collucci, I need to tell you something. You are not pushing me around anymore. I will not let you use me to get to Josh. He is a good man, sir. He doesn't deserve this."
"That was two things, Jim," Collucci smiled, "or do you prefer I call you Father? I do not give a rat's ass what you think, or what you say. That cop shot an unarmed man because he was black."
"Bullshit," Jim yelled, causing both Fleming and Collucci to raise their eyebrows. "There is no damn way Josh would ever do that. I cannot believe your political aspirations are more important than the truth."
The angered tone even caught them by surprise.
"Truth? You want to talk truth there Father. How about this truth? You molested that boy. Anthony went to the other parish Priest. He told him about it. That other damn priest, yeah that's right," reacting to the stunned look on Jim's face, “is my cousin, the Bishop. He told me all about your confession."
Standing up, he walked to the window, turned, facing Jim.
"And what does our good, holy, righteous Bishop do? Nothing. Allows it to continue, avoids doing the right thing. Runs away. Some hero of truth, Ms. Fleming, wouldn't you agree?" Glancing at the uncomfortable AUSA.
"You, seeing that as a green light, continue to molest the boy. Now you are going to lecture to me on the truth. How dare you."
Letting the impact sink in.
"I'll tell you what is going to happen. I am going in there tomorrow and argue to protect your lying asses, yours and my idiot cousin. Which is more than you ever did for Machado's."
Jim had never seen such an evil look. He was in shock.
He was willing to go to jail to protect the sanctity of the confessional. Learning the Bishop lied and twisted his confession, then discussed this with Collucci just to save himself, was too much. It was obvious the Bishop would try to cover up the truth. So be it. I will tell them everything. It was not absolution, but it was effective.
"And here's another thing, don't even think about trying to change your testimony. Do not think of going to Bennett with this shit. If you do, I will find out. I will indict your ass for molestation, perjury, and a whole slew of other shit. I do not give a damn about statutes of limitations. I will find a way.
And, my dear Father," narrowing his eyes, "don't think I won't bury my cousin along with you. I will take on the whole damn Church if I have do. Understand?"
Jim stood, walked to the door, as he opened it he looked into Collucci's eyes, "Mr. Collucci, the Bishop is lying to you. He has twisted the story for his own protection. I know what I did was wrong, for the wrong reasons, for an institutional philosophy I never understood. I am not proud of what I did," looking down at the ground, "but it was never about me, well, that may not be completely true, but it was not about my gaining something. I am not sure what will happen here, but understand this; my only hope of redemption is in letting the truth come out. I will no longer prevent that." Closing the door behind him.
Fleming stood and started to speak.
"Don't bother. I am through playing softball with these bastards. I do not give a shit, which one molested him, as far as I am concerned, they are both responsible. That being said, I do not want to let that testimony in. It will turn the jury's attention away from the real matter here. I also do not want to alienate the Catholic vote. They'll see this as another exhuming of old history."
Looking at Fleming, "Go to your office, prepare an argument to protect the penitent, so to speak. Rodericks is not going to let it in anyway. Greenhorn Catholic bastard wouldn't have the balls."
"I am not comfortable..."
"You're not comfortable?” Voice rising, "not comfortable with what, priests screwing little boys, priests protecting priests who screw little boys, or cops that shoot people for the color of their skin? Which is it?" Walking toward her, face reddening.
Rising to face him, "Robert this case was a stretch; you've known that from the beginning. Now this mess. It is going to turn into a train wreck."
"You want off this case? I will take over. I do not need your idealistic ideas of Justice. I am going to cause a change here. Then, I am going to cause a change in Washington."
Fleming shook her head, "I'll stay on the case. You remove me if you like, but somebody's got to remember what our goddamn job title is."
"And what is that?" Banging his hand on the desk.
Fleming stared at him, shaking her head. At the door, she paused a moment, took a deep breath,
"United States Attorney, not Lord fucking Protector." Slamming the door behind her.
Chapter 57: Damage Control
Jim returned to the residence at Saint Domenicks. As he walked into the den, he was not surprised to find the Bishop along with the Diocesan attorney, Brian Patricks, waiting for him.
"Good evening, Father Swanson," the Bishop said.
"Good evening, Eminence."
"You know Mr. Patricks, don't you?"
"Father," Patricks nodded.
"I do know Mr. Patricks." Jim walked to the cabinet, took out a bottle of Johnny Walker Blue and offered it to his guests.
"Not for me," Patricks answered.
"I believe I will have a small glass, neat," the Bishop replied.
After pouring the drinks, Jim asked, "So am I safe to assume that this has to do with the line of questioning being pur
sued by Mr. Bennett?"
The Bishop nodded, sipped from his drink, eyes glancing to Patricks.
"Father," Patricks began, "as you are well aware there is significant legal precedent regarding Clergy-Penitent confidentiality. We believe that the law in this instance is clear. We are advising you to refuse to testify regarding any conversations held under the protection of the confessional.” The Bishop, nodding slightly, indicating he should continue.
“In the unlikely event the court rules to compel your testimony, our advice is to invoke your Fifth Amendment protection and ask to speak to counsel."
"But doesn't that imply," looking at the Bishop, "I have something to hide, something I am concealing."
"Not at all," Patrick argued, "invoking either privilege is well within your rights, essential to the operation of the church, and guaranteed by the Constitution. No adverse inference can be drawn for invoking your rights."
"And suppose I decide not to follow this advice?" holding the Bishop's gaze.
"Would you excuse us a moment, Brian. Father Swanson and I need to discuss something outside your area of responsibility." The Bishop stood and walked to a window.
Patricks left the room, closing the door behind him.
The Bishop turned, facing Jim. Holding his gaze a moment he began, "Jim, I know the difficulty these issues pose to one's conscience. There is not a day that goes by I do not ask for forgiveness for my weakness. However, we are mere representatives of a much greater good. The Church has built this philosophy over centuries. It has survived because it works; it protects the Church, forgives our sins, and fosters our faith. It is not for us to determine the correctness of this. We have an obligation to fulfill our vows.”
Turning to the window again, “Look, you can hold whatever disdain or revulsion you feel for me in your heart, but you cannot let your personal feelings dictate something destructive to the Church. I sought help. I found peace in meditation and prayer. I found a way to resist my weaknesses. You need to do the same.
Collision Course (A Josh Williams Novel) Page 22
