Betrayal of Justice

by Mark M Bello

  “All rise!” shouted the bailiff. “Circuit Court for the County of Wayne is now in session, the Honorable John Perry presiding.”

  Perry entered with his familiar, “Please be seated.”

  “Before I bring in the jury, are there any preliminary matters to dispose of?”

  “No, Your Honor,” the lawyers concurred.

  “Very well then, Deputy, bring in the jury.”

  The jurors filed in the courtroom, as they had on previous occasions. Members stared at the ground, expressionless, so as not to reveal any hint of their decision. When each stood in front of their appropriate seat locations, the judge invited them to be seated.

  “Ladies and gentlemen of the jury, this has been a difficult and emotional case. The verdict you are about to read will be well publicized and very controversial. You will be besieged by members of the press, both inside and outside the courthouse. We have attempted to address, as much as possible, the security concerns endemic to a controversial case. You will have a Wayne County Sheriff’s deputy escort, both inside and outside the courthouse and to your vehicle. You will have the right to stop and talk with members of the press if you wish. This has been a relatively lengthy trial, and on behalf of the citizens of Wayne County and the litigants involved in this case, thank you for your valuable service. You deliberated long and hard. No one can accuse this jury of a rush to judgment. And now, ladies and gentlemen of the jury, have you reached a verdict?”

  The foreman rose, expressionless.

  “We have, Your Honor.”

  “Will you hand your verdict to the bailiff, please?”

  The bailiff walked over to the jury foreman, who handed him the verdict form. The bailiff walked the verdict form slowly to Judge Perry and handed it to him. The judge silently read the verdict and handed it back to the bailiff.

  “The record will reflect that I am handing the verdict form back to the bailiff, who is returning it to the jury foreman,” Judge Perry described the process.

  The courtroom was absolutely silent, in anxious anticipation.

  “Mr. Foreman, what is the jury’s verdict?”

  “Your Honor,” the jury foreman began to read, “we the jury find in favor of the plaintiff and order the defendants to pay compensatory damages in the amount of forty million dollars.”

  The gallery erupted. People rose. Some applauded. Some began to type on laptop computers or write feverishly in notebooks. Perry pounded his gavel, trying to restore order and threatening to have the courtroom cleared. Several Sheriff’s deputies were on hand for this very reason, working the crowd, promising to evict those who disregarded the judge’s orders. After several tense moments, order was restored, and Judge Perry repeated his contempt warnings.

  “Mr. Foreman, will you continue your reading of the verdict, please?”

  “Yes, Your Honor,” the foreman assented. “We, the jury order the defendants to pay punitive damages in the amount of two hundred million dollars.” The gallery uprising began again but was quickly quelled by the judge and the deputies.

  Zachary sat at the plaintiff counsel table, dumbfounded. A two hundred and forty million dollar verdict! As order was being restored around him, he was in a state of absolute panic. Did the foreman mention whether the verdict is joint and several?

  He thought he heard the foreman say ‘defendants,’ plural, not ‘defendant,’ singular, but wasn’t sure. Judge Perry, however, was on top of the situation. After order was again restored, Perry addressed the jury foreman.

  “Mr. Foreman, is your verdict against all defendants or any individual defendant?”

  “Against all, Your Honor. Joint and several.”

  And there it was, the sweet music Zachary Blake waited to hear. He and his clients were awarded a collectible two hundred and forty million dollar verdict! The gallery was buzzing.

  “Mr. Walsh, would you like me to poll the jury?”

  Losing counsel was permitted to ask each juror whether the verdict, as read, was his or her verdict.

  “Yes, Your Honor.” Walsh was in shock. He could hardly utter the words.

  “Juror number one, is this your verdict?”

  “Yes, Your Honor.”

  This procedure was repeated for all six jurors, and each stated this was his or her verdict. It was now official. Judge Perry thanked and excused the jury for its service, and court was adjourned. Pandemonium re-erupted, and reporters besieged Zack and Jennifer. Those who could not reach Zack and Jennifer went after Walsh for a reaction. He issued a terse “no comment” and pushed his way out of the courtroom. Moloney was nowhere to be found.

  For Zachary and Jennifer, the scene was different, euphoric. They politely answered all questions directed toward them. “Yes, we are ecstatic with the verdict. Yes, we were confident of a plaintiff’s verdict throughout the trial.”

  “Yes,” Jennifer cheered. “I never lost faith, and I always had the utmost confidence in Zack Blake. Yes, this is a verdict of vindication and victims’ rights. Yes, we hope this verdict sends a strong message to all large institutions, not only religious ones, whose employees are directly involved with kids. Screen prospective employees, carefully and effectively. Yes, we have a relationship. He’s an attorney—I’m his client! Beyond that, we have no comment.”

  Zack and Jennifer were interviewed, live, on all of the local television and radio stations. Each station dispatched its top reporters. The verdict was big news in Detroit, all over the country, and even certain parts of the world. The principal defendant was a worldwide religious organization. The verdict was reported to be the largest of its kind in the history of Michigan jurisprudence. Finally, over two hours after the verdict was read, the last question was asked and answered. Zack and Jennifer embraced and exited the courtroom, arm in arm. A photographer jumped out at them and snapped a picture. They were getting a crash course in paparazzi journalism.

  They walked to the parking lot and climbed into the Z4. Leftover film crews gave them smiles and thumbs-up signs as they filmed their departure. They drove up the Lodge to Jennifer’s tri-level, to be greeted by two very happy boys.

  “Wow! We’re rich!” Jake shouted.

  “Congratulations, Mom. Nice job, Zack,” a mature-sounding Kenny added. Press corps and television crews began to arrive, and the family hurried into the house.

  Later that evening, Zack prepared to leave. He couldn’t fall asleep on the couch, this time, because the press would have had a field day. Jennifer fixed his collar and gave him a huge hug.

  “Zack, this is amazing—you are amazing. Thank you for standing by me. Thank you for believing in me and for not telling me I was crazy for turning down all those fantastic offers. I know it was hard for you. Thanks for adding some stability to my otherwise turbulent life and for being there for my kids. Thank you for being you. Thanks for everything.”

  “No, Jenny. I owe you the debt of thanks. You and the boys are the best things that have ever happened to me. You saw what had happened to me since I handled your husband’s case, but you took a chance on me anyway. I tried to sell you out for a quick buck. You were justifiably angry, but you stuck with me. I’m not sure why. My life and career were in the toilet before I met you and those wonderful boys. You guys turned all of that around for me. Hopefully, with a lot of love from their mother and stepfather, with professional help from Dr. Rothenberg, all this will become a distant memory. I’m falling in love with you, Jen. I want to discuss our life together.”

  “Oh, Zack, one step at a time, please? Let’s get to know each other without the trial and the turmoil. Let’s allow everything to settle down. The boys need to settle into their new lives, and I need to see how they do with Father Bill. Please, Zack, don’t rush things. Be patient with me, okay?”

  “For as long as it takes, Jen, for as long as it takes.”

  Epilogue

  Two weeks after the verdict in Tracey v. Bartholomew, et al, lawyers for the church argued their formal Motion for Remittitur or a n
ew trial. Remittitur is a formal request to the trial judge for the reduction of an excessive jury verdict. A new team of lawyers, specializing in post-verdict and appellate work, argued the motion to Judge Perry. The judge denied the motion, opining the verdict was consistent with the outrageous conduct of the priest and various agents of the church. This was a clear and convincing repudiation of the Coalition and Gilbert Moloney. Judge Perry also denied the church’s motion for a new trial.

  The church filed an appeal to the Michigan Court of Appeals, citing several points of error committed by Judge Perry, including erroneous instructions to the jury, admission of inadmissible evidence, refusal to admit admissible evidence, permitting emotional testimony without permitting cross-examination, allowance of testimony by witnesses who weren’t on the witness list, and other abuses of judicial discretion. The Michigan Court of Appeals denied all points of appeal.

  That decision was appealed to the Michigan Supreme Court. While the appeal was pending, Blake and church attorneys agreed to settle the case for $200 million, persuading the church to sign a nondisclosure agreement on the reduction of the award. Finally, after years of pretrial, trial, and appeals, Tracey v. Bartholomew was officially resolved.

  Gerry Bartholomew was defrocked, placed in an Ohio state penitentiary, and began serving a lengthy prison sentence, suspended initially, but reinstated after his probation violation. He also received court-ordered psychiatric counseling, paid for by the church.

  Craig Walsh was fired from Brodman Longworth and moved back to Louisiana where he lived before being recruited to the silk-stocking firm.

  Gilbert Moloney retired from his position as the director of the Coalition and left the priesthood. He recently left the United States and was believed to be a security consultant with a prominent religious organization overseas. Federal and state law enforcement officials formed a joint task force to study and formalize various criminal charges against Moloney and other members of his Coalition. Their work was nearing completion and extradition papers were being prepared.

  The MacLean and O’Connell families sold their homes in Coral Springs and returned to Berea, where they returned to their former jobs and lives. Their children were reportedly doing very well.

  Micah Love was paid in full and received a handsome seven-figure bonus for his work on the Tracey case. He promptly retired to Florida, stopping in Berea to pick up Jessica Klein.

  Because of the tremendous publicity generated by the Tracey verdict, the Law Offices of Zachary Blake became a high-demand personal injury law firm. Zachary purchased a gorgeous estate home on Lone Pine Road in the Cranbrook neighborhood of prestigious Bloomfield Hills. He closed his Eight Mile office and a new law office building on Woodward Avenue, a short distance from his new home. The building’s previous owner, a defense law firm, had converted a beautiful Victorian home into a state-of-the-art law office.

  Blake opened satellite offices at Southfield Town Center and Renaissance Center. In a short time, business swelled to a point where twenty experienced personal injury lawyers became partners with or associates of the firm. These attorneys employed fifty professional support staffers, executive secretaries, and paralegals. Each office location had an executive-size office for Zack, with deluxe furnishings and equipment, especially orthopedic approved executive chairs.

  Zack also dove full-tilt into the politics of tort law, becoming a staunch advocate for civil justice causes. He accepted prestigious appointments to justice associations and contributed heavily to their PACS. Political winds were blowing to the right, and Zack was very concerned about the next election and how a potential candidate might affect citizens’ rights in cases filed against insurance companies and large corporations. His practice was primarily a state practice, but an organization like the church, for instance would be in a position to wield enormous influence over certain candidates, if any happened to become president of the United States.

  Immigration and racial issues are federal issues—police misconduct and many criminal issues are decided in the federal system. Zachary decided to take a wait-and-see attitude, but he did not like the campaign rhetoric, the mood or direction of the country.

  One candidate, a well-known television business guru, promised to ‘make America pure again,’ and threatened immigrants from the Middle East and Mexico. Zack would do all he could to prevent this candidate from achieving success, but what if this was the will of the people? Time would tell.

  Zack also began to pursue his what-if scenario with Jennifer. Many people, Zack included, expected Jennifer to sever all ties with the church. Instead, she became more involved. Aware of the potential for backlash against the church to harm its benevolent activities, Jenny started working with church charities and outreach programs. She contributed no small amount of her own award money to these services.

  The church suffered financially. The size of the verdict was a contributing factor, but also, parishioners from all over the world were reluctant to donate to an organization that used donor contributions to cover up crimes or pay off victims. Despite Jennifer’s assistance and compassion, the church was in for an uphill financial battle.

  Father William Stern took the Coalition in an entirely new direction. All previous board members were replaced. A central database of employee records was established, and no placements or transfers were made, anywhere, without proper vetting and approval. The Coalition now functioned to provide discipline to those priests and other church employees who did not act in accordance with their vows.

  The organization also offered financial, spiritual, and emotional assistance to parishioners, as needed. It was truly benevolent, doing the good work of the church. Perhaps, in time, such practice would be appreciated by the faithful, confidence would be restored, and parishioners would begin to provide financial support.

  Jennifer, Kenny, Jake, and Zack, tapping some of his attorney fees, contributed portions of their recoveries to establish a foundation to provide counseling and treatment to victims of child sexual abuse.

  Kenny and Jake Tracey continued treatment with Dr. Rothenberg and, at last report, were adjusting well to their new lifestyle. Kenny was a high school freshman, and Jake, a seventh-grader at the local middle school. Both boys carried grade point averages above 3.0. The boys continued to struggle with nightmares, long-term relationships, and trust issues. Except for an occasional favor for Father Bill, the boys expressed no interest in participating in religious activities or events.

  Dr. Rothenberg was satisfied with their progress. Their prognosis, with continued therapy, was guarded. They experienced no suicidal ideations, and the doctor opined that their feelings of hatred for Father Gerry were appropriate, under the circumstances.

  ***

  Clergy-parishioner child sexual abuse is a significant institutional epidemic that has seriously damaged the lives of hundreds of young parishioners throughout the United States and Canada. Hundreds of millions of dollars have been paid to silence victims of this institutional embarrassment.

  While this book and its characters are creations of fiction, and the Coalition is a fabrication of the author’s wild imagination, the problem of clergy-parishioner child sexual abuse is a tragic and still ongoing problem.

  END

  Thank you for reading, and I sincerely hope you enjoyed Betrayal of Faith. As an independently published author, I rely on you, the reader, to spread the word. So, if you enjoyed this book, please tell your friends and family, and I would appreciate a brief review on Amazon. Thanks again.

  Mark

  Join Zachary Blake in his next journey into justice in Betrayal of Justice. Please continue for an excerpt. You can also buy it now from Amazon..

  Betrayal of Justice

  Chapter One

  “My fellow Americans: I am very humbled yet emboldened by your vote to elect me as your president. I thank you for your support. I’ve earned your vote, and I will now embark on the task of securing your continued trust. I intend to do that
by delivering on the promises I made during my very contentious campaign with Secretary Goodman. To accomplish these promises, we, the people, have to be vigilant and bold. We have to take this country in a new direction.

  “This new direction starts with securing our borders. Under our current immigration system, our borders are porous, wide open for drug dealers, rapists, murderers, and terrorists to enter our country unchecked, able to move about freely to do all kinds of terrible things to law-abiding citizens. Other countries are not sending the best and brightest to our country. They are dumping ‘human toxic waste,’ and it is my job to clean up the mess.

  “Furthermore, my ineffective predecessor has enacted recent unconstitutional restrictions on our citizens’ right to bear arms through a series of illegal and unethical executive orders. These restrictions have left our citizens virtually defenseless against deadly, terrorist threats.

  “My first order of business as your president will be to rescind these executive orders, restore full Second Amendment rights to our people, and encourage all of our law-abiding citizens to purchase weapons to defend against the scourge caused by our current, extremely ineffective, immigration system.

  “My second order of business will be to secure our borders. No longer will drug dealers, pimps, pushers, rapists, murderers, or terrorists be able to freely enter our country through our southern border. I will build a second-to-none border defense system across our southern border, impenetrable border walls, and I will make Mexico and South America share the cost. I will do the same along our northern border. Canada will pay for our northern border defense system and help police it. If either or both refuse, we have ways of convincing them to ante up. These countries, indeed, all countries in the free and not so free world, rely on trade with the United States. We are their largest customers and trade partners. Let’s see if they prefer tariffs on all goods entering the United States of America. We also provide serious aid and military support to many of these countries, and they will soon begin paying for that support, or it will be terminated. There will be no free rides from the John administration.