Betrayal of Justice

by Mark M Bello

  “And what of the testimony of Gerry Bartholomew, ladies and gentlemen? When presented with an opportunity to explain his so-called illness to you, to apologize to Jennifer Tracey and her boys, what did he do? He hid behind the Fifth Amendment, even though he’d already pleaded guilty to the acts in question.

  “Father Gerry Bartholomew pleaded guilty because he is guilty. He committed unspeakable and perverted acts against defenseless children. Worse, this predator used his position in furtherance of his crimes and disguised his depravity as a religious ritual. This man will soon reside in an Ohio prison, where he belongs. He is not only guilty of serious crimes against children. He is guilty of a serious betrayal of faith.

  “Finally, Ladies and Gentlemen, you heard compelling testimony from the O’Connell and MacLean families. These brave men and women risked their lives to travel to this place and present the truth about the church and its Coalition. It wasn’t enough the church’s agent, Bartholomew, destroyed the innocence of their children. It wasn’t enough these families, because of their faith and trust in their church, accepted deceptive offers of support. It wasn’t enough these families were forced, in the middle of the night, to move out of town and into seclusion from friends and families, like criminals.

  “It wasn’t enough for the church. Through its Coalition, church operatives planned to silence these families, abduct them from their homes and, perhaps, kill them. We may never know how low they would go. We suspect they killed one of their long-time loyal employees as part of their cover-up operation.

  “I’m sure you’ve heard the phrase ‘the truth shall set you free.’ These simple, yet profound words apply to these two families. They are free to return home. Their silence is no longer necessary. Their safety is assured because if anything happens to them, suspicion will automatically be cast upon the church and its Coalition. Besides, I have a feeling a change for the better is currently in the works.”

  Zachary glanced over to and winked at Father Jon and Jennifer, side by side, in the front row.

  “Ladies and gentlemen, Gerry Bartholomew’s unconscionable actions and their devastating effect on the Tracey family present a unique opportunity to you. The church’s prior knowledge of Bartholomew’s depravity and its failure to sequester him from children presents a unique opportunity for you. The church’s involvement in a conspiracy to obstruct justice and prevent you from hearing evidence presents a unique opportunity for you. You may send a strong message with your verdict. Consider this your unique opportunity to inform the church this kind of behavior cannot and will not be tolerated.

  “Mothers and children will no longer go quietly into the night. Yesterday is over, forever. A new day dawns with the reading of your verdict. Let your word be the strongest possible deterrent to clergy-parishioner child abuse. After all, ladies and gentlemen of the jury, the children of today and those of tomorrow are counting on you. Don’t let them down. Thank you very much for your kind attention.”

  Zack sat down, emotionally exhausted. Judge Perry was about to invite Walsh to begin his opening when an audience member rose and began to applaud. Perry banged his gavel for order. A second and third spectator rose, followed by another and another until the entire gallery stood and applauded. Perry pounded his gavel, rapidly, over and over, but the gavel was drowned out by thunderous applause. Perry turned his head toward the back wall and permitted himself a broad smile.

  When order was finally restored, Judge Perry admonished the gallery for its outburst and ordered the courtroom cleared. He also instructed the jury to disregard the outburst and use their own good judgment in deciding the important issues of this case.

  Walsh objected. He argued the outburst tainted the jury and demanded a mistrial. Judge Perry denied the request. After the court officers cleared the courtroom, Perry invited Walsh to present his closing argument. He delivered a professional, if not persuasive, closing argument. What could he say? Blake proved his case. He delivered on every promise. Blake beat him and his clients into submission. All Craig Walsh could do now was try to limit the verdict.

  He emphasized Dr. Unatin’s testimony and deemphasized Dr. Rothenberg’s. He told the jury there was no credible evidence the boys would have long-term psychiatric problems. He argued many of Kenny and Jake’s problems stemmed from the death of their father, and that Jennifer’s continuing maternal love would ultimately make them whole again. “Love is the best medicine in the world,” he testified with a smile. Finally, he argued he could not excuse or condone Gerry’s acts but asked the jury to remember they were the depraved acts of a sick individual, who, like the Tracey boys, needed professional counseling.

  “There has been no credible evidence offered,” he claimed, “to prove these acts were known to anyone other than Gerry, until this lawsuit was filed.”

  Gallery members turned to one another, stunned, as did Zack and Jennifer, wondering, “Was Walsh present during the rebuttal testimony?” Apparently, he meant the Coalition didn’t operate under the auspices of the church. This was an interesting hypothesis, but the time for presenting it was during the trial, and not during closing arguments. Walsh concluded with an anecdote, about money not achieving justice, and quietly sat down.

  Zack delivered a few brief rebuttal comments and rested his case. After months of preparation and weeks of rigorous motions, briefs, arguments, and testimony, the case and trial of Tracey v. Bartholomew et al. was almost over. The only remaining tasks were Judge Perry’s instructions to the jury, the jury’s deliberations, and, finally, the publication of the jury’s verdict.

  The lawyers previously submitted proposed jury instructions to Judge Perry. The judge dismissed the jury, and the lawyers began the mundane task of arguing over, objecting to, and finally agreeing upon various instructions for Perry to read to the jury. Perry also had some of his own, which he routinely used.

  When the attorneys and the judge finally agreed upon the instructions, Perry summoned the jury back to the courtroom, where he slowly and methodically instructed them on the law. He paid particular attention to the types of damages they were permitted to award in the case. When he finished delivering the instructions, he ordered the jurors to return to the jury room, choose a foreperson, and begin deliberations. At that time, he randomly selected and apologetically dismissed the alternate. The jury rose and filed out of the courtroom. The case was all over but for the waiting.

  ***

  The courtroom emptied quickly. Jenny and Zack strolled out in silence. Zack was hoping she would say something about his closing—Was he effective? Did Jenny think they had a chance of getting what they wanted? To his dismay, she kept her eyes on the floor and her mouth shut. Her demeanor suddenly changed when she walked into the corridor. She looked up and her mouth opened in a gasp.

  “Bill! Oh, my God, Bill!” she shrieked pure joy. She was gazing at a young priest, handsome, slender, well built, and tall. He had startling blue eyes, bluer even than Jennifer’s. His hair was dark and wavy, parted on the right, the sideburns touched with a wisp of gray. He wore the traditional black on black with a cleric’s collar. His smile revealed sparkling white teeth. But for the priestly wardrobe, this man could have made a fortune on the male model circuit.

  “Jennifer!” he exclaimed.

  “It’s so good to see you! What are you doing here?” Jennifer cried, wrapping her arms around him.

  “I don’t know . . . moral . . . perhaps spiritual support for you and the boys . . . and some news.” He terminated the embrace.

  “And what?”

  “Good news.”

  “What news?”

  Jennifer was very excited. Zack hadn’t seen her like this in weeks. Zack was trying to decide how to play the situation. He recognized the voice immediately. The mystery caller stood in front of him. But the cleric wasn’t bringing this up, so Zack played along.

  “Father Jon is retiring. I am the new pastor at Lakes.”

  “Oh, my God! What wonderful news! I mean I love Fa
ther Jon, but—oh, did you hear, Zack? Zack! Father! Have you two met? Each other, I mean. This is wonderful news! Wait ‘til I tell the boys. This may bring them back to me and, maybe, just maybe, begin to restore their faith! It’s so good to see you. You look wonderful!” She gushed.

  “Thanks, Jennifer. Under the circumstances, you are also looking well.”

  “Liar. I look awful, but thanks anyway. You’ll come to dinner tonight? I can’t wait to see the boys’ faces when they see you and find out you’re going to be back in their lives.”

  “I’d be delighted. Thanks for the invite.”

  Zachary was confused. Who was this guy to the Tracey family? Zack was beginning to feel a bit jealous. The two old friends chatted for a few moments before Jenny excused herself so she could catch up with Dr. Rothenberg.

  “Mr. Blake?”

  “Yes?”

  “My name is Father William Stern. We spoke on the telephone.”

  “I thought so. Though I’ve got to say, things would have been a lot easier if you had let me put you on the stand.”

  The young priest nodded. “I watched the testimony of those four courageous people from Ohio. I’m not a lawyer, but I believe they’ve won your case for you.”

  “It’s not my case, Father. It belongs to Jennifer and her sons. I’m just a caretaker.”

  “Seeing Jennifer, Kenny, and Jake on television was wonderful, but painful at the same time.”

  “I couldn’t help but notice how excited she was to see you. How is it you know the Tracey family?” Zack was puzzled.

  “Yes . . . well, you see, Mr. Blake. I am quite friendly with the Tracey family. I was Gerry’s predecessor.”

  “You were what? Wait a second . . . Father William . . . Father Bill! You are that Father Bill?”

  “Yes, Mr. Blake,” Father Bill revealed, flashing his million-dollar smile.

  Zack became angry. “Jennifer and the boys, they . . . they love you. How could you put them through this? How could you let things get so far? What the hell is the matter with you priests?”

  “Please try to understand, Mr. Blake. I became a member of the Coalition after leaving Farmington Hills. Gerry’s crime against Jake and Kenny was my first case. I was led to believe the organization monitored parishes and determined charitable needs or assisted priests who were having trouble with missions or addictions. I thought we were responsible for helping to match parish and parish priest and assuring community needs were met.

  “I was not involved in Gerry’s placement or the cover-up in Berea. There were mistakes made, and those mistakes were allowed to continue because certain people wanted to save face. When I found out what Gerry was, I was repulsed and scared. These were my kids who were exposed to his depravity. I almost quit the Coalition and the priesthood on the spot.

  “After prayer and reflection, I decided my silence was more beneficial than my protest. I was only one new voice. My protest may have gotten me expelled. What help would I have been to the boys then? I decided to be silent, see what developed, gather as much evidence as I could, and expose Moloney and the Coalition for the criminals they are.”

  “Then why wouldn’t you testify?”

  “Hear me out, Mr. Blake. You have beaten the Coalition. It will not survive your verdict. I would have come forward if I didn’t know this, in my heart. A change in the focus of the Coalition is already in the works, a change from cover-up and conspiracy to exposure, censure, expulsion, and treatment. Instead of paying off victims and silencing them, the Coalition and the church will embrace them and their families, publicly vilify their abuser and provide spiritual and clinical counseling to all. The Coalition is developing a program to educate, screen, test, and counsel applicants for the priesthood, so clergy-parishioner molestation becomes a thing of the past.”

  “How do you know all this, Father?” Zachary wondered.

  “Because I am the new national director of the Coalition.”

  “You’re kidding, right?”

  “No, Mr. Blake, I’m not. Moloney and his scandalous, murderous ways are out. He’ll be prosecuted for the murder of the Berea custodian and for orchestrating cover-ups of Gerry’s crimes in Ohio and Michigan. He simply doesn’t know this yet.”

  “This is wonderful news, Father, but what does this have to do with your testimony?”

  “There were two unpreventable consequences of my testifying. One, I would have been exposed as the mystery ‘turncoat’ of the Coalition, which would have had a very detrimental effect on my leadership.”

  “Why? I don’t understand. You mentioned things are changing . . .”

  “Changing, yes, Mr. Blake,” Bill interrupted. “But they have not yet changed. There are still many hardliners who prefer to close their eyes and allow things to be handled the old way. Word of my testimony would have a chilling effect on the winds of change. Consequently, those hardliners might successfully quell the uprising of respectability to and fair treatment of victims and vilification of pedophile priests.”

  “You indicated there were two problems. What’s the other one?” Zack wondered aloud.

  “The Tracey family. They’ve suffered enough, don’t you think? I’m the only religious figure who hasn’t betrayed them. I may be the only one with an opportunity to restore their faith. Perhaps I can convince them to blame their experiences on the predators responsible, rather than God, religion or themselves. If they found out I was a member of the hated Coalition during this trial, their faith in me could be destroyed. The revelation might cause a greater breach between them and their religion. They need their faith and their religious beliefs, Mr. Blake. My testimony may have gotten them a larger jury award, but it would have devastated this family.”

  “I understand. It’s tough to reestablish a relationship when you’re part of the problem,” reasoned Zack. “Your secret is safe with me. What are your immediate plans?”

  “Begin the healing process, Mr. Blake. A supportive member of the clergy will now be with them throughout jury deliberations, which should be helpful to them. I also wanted to bring news of Father Jon’s retirement and my elevation as the new pastor of Our Lady of the Lakes. I could never have assumed the position if I had testified, Mr. Blake. Testimony adverse to the church would have made my transfer here impossible. Do you understand?”

  “I do, Father. Under the circumstances you describe, I totally understand. What you are about to do for Jennifer and the boys will be more beneficial than any additional compensation the jury might have awarded as a result of your testimony. Thank you, Father, for everything you’ve done.”

  “You really care about them, don’t you, Mr. Blake?”

  “Yes, Father. I do. When this is over, I plan to pursue a relationship with Jennifer, if she’ll have me.”

  “That’s wonderful news, Mr. Blake, but, a word of advice, if I may?”

  “Sure.”

  “Take it slow. This family has been through significant trauma. Wait until the waters calm. If this blossoms into a love affair, I’ll perform the ceremony myself.”

  “My rabbi might object.”

  “Oh . . . we’ll do it together, then. I’ll handle your conversion, though.”

  “I don’t think so, Father.”

  “Kidding, Mr. Blake.”

  Chapter Sixty-One

  After waiting over two hours for a verdict, Judge Perry sent everyone home. Zack speculated the jury had just enough time to select a foreperson and discuss liability. He doubted whether they’d deliberated long enough to consider damages. Jennifer and Father Bill spent the time renewing old acquaintances.

  Jennifer was happy that the judge called it a night. She couldn’t wait to bring Bill home and see her sons’ reactions. Following their abuse, the boys were cold to anyone associated with the church. With Bill, it would be different. He was there for them in the aftermath of their father’s death. He became a constant in their lives. They loved him and trusted him. Then, he left them.

  Will they hold
a grudge or blame Father Bill’s leaving Lakes for what happened with Gerry? Has Father Gerry ruined things for the boys and any priest, even Bill? Her questions would be answered shortly. As Jennifer and Bill drove home, they talked about the boys. Jennifer explained their symptoms and Dr. Rothenberg’s diagnosis and prognosis. Bill just listened. He never let on he knew everything.

  They pulled up on the driveway. The boys were in front of the house, tossing a football. They ignored the truck, figuring Mom was home, no big deal. The tall, handsome priest exited the truck from the passenger side. Both boys saw him and shrieked with surprise and joy. Kenny ran to Bill and hugged him around the waist, followed shortly by Jake, who joined in a group hug. The boys completely ignored Father Bill’s collar. He was not a priest or an agent of the church. He was Father Bill. Kenny and Jake loved him unconditionally. He put an arm around each boy, and the entire family walked into the house.

  Zack drove back to his place alone. He felt abandoned by Jennifer after Bill’s arrival. While he was not surprised she was thrilled to see Bill, he was unprepared to be entirely ignored by a woman he had feelings for on such an important night. He assumed he and Jennifer would await the verdict together. After seeing Bill, wrapping her arms around Bill, she completely neglected Zack. Jennifer and Bill walked arm in arm out of the courtroom, and never looked back.

  Fuck! Zack felt like a jilted lover, replaced by his predecessor. He knew better, of course. How could he be jealous of a celibate priest? What of the boys? Bill was back in their lives. Was a relationship with Zack even possible? If the boys didn’t care about Zack, why would Jennifer? He felt a migraine coming on. He arrived home. His telephone was ringing. He fumbled with his keys, inserted them in the lock, and burst into his house to grab the phone before the caller hung up. He was pleased to hear Jennifer’s voice.