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While Micah was sleeping on a plane from Orlando to Detroit, Zachary was in Oakland County Circuit Court in Pontiac. Father Gerry Bartholomew was about to plead guilty to fourth-degree criminal sexual conduct. Saunders, the prosecutor, was present. Several men dressed in suits and cleric garb attended.
Jennifer was seated next to Zachary on the hard wooden bench. Zack spotted Walsh, sitting with the old cleric who attended the first settlement meeting he had with Walsh at Renaissance Center. It seemed ages ago.
Blake spoke to Costigan earlier in the week. The pastor told Blake the ‘The Voice’ called to advise he’d be appearing at the hearing on behalf of the church. So, Blake called Saunders. He asked who, aside from its lawyer, would be appearing for the church at the upcoming hearing. According to Saunders, Walsh provided the name of a particular cleric who would appear on behalf of the church. Saunders took note of the name and was pleased to pass it along to Blake.
So, this is the scumbag who has been orchestrating this elaborate cover-up for the church? The mysterious Voice was now exposed. Blake knew his identity. It was time to implement part two of his plan. He rose and walked over to the clerk’s desk. The clerk pointed to a side door in the middle of the courtroom. Blake walked to the door, opened it, and left the room. On the other side of the door, a long hallway extended through several courtrooms. Clerks’ offices, secretarial offices, and judicial chambers lined the corridor. Blake found Judge Shipper’s research clerk and asked for a favor. Would the clerk follow Blake into the courtroom, talk to a potential witness, ask his name, and prepare a subpoena for that person to appear for trial? The clerk gave Blake the ‘I’m-not-your-secretary’ look. Blake became animated and agitated, and, in the end, for the sake of proper courtroom decorum, the clerk was helpless to disagree. Upon the clerk’s capitulation, Blake thanked him, and the two walked into the courtroom. Blake pointed out the old man and returned to his seat.
Jennifer was about to inquire where he had been, but Blake put his finger to his lips. A short time later, the research clerk returned, holding an official-looking document. He approached the old man. A brief, heated conversation ensued. The clerk scribbled on the document and handed it to the old man. Walsh rose in protest. The back door opened. The bailiff rose and shouted, “All rise,” as Judge Shipper entered the courtroom. After the judge was seated, the bailiff shouted, “Be seated! Court is in session. The Honorable Erroll Shipper presiding.”
The clerk called the case, and Father Gerry Bartholomew was brought in through the accessible side door. Walsh walked up to the counsel table and stood next to Bartholomew.
The research clerk walked up to Blake and handed him a copy of the document he served on the old man. Father Gilbert Moloney was now served with Blake’s subpoena and commanded to appear at the civil trial. The “Voice” was unmasked. Blake was elated. Moloney was furious. Judge Shipper interrupted their thoughts.
“We’re here to take a plea in the case of State v. Bartholomew, is that correct?” Judge Shipper inquired.
“It is, Your Honor,” Saunders responded, with appropriate deference and formality.
“And what are the details of the plea?” the judge queried.
“May it please the court, Your Honor, Joseph Saunders, assistant Oakland County prosecutor, appearing on behalf of the people?”
“Craig Walsh, appearing for the defendant, Your Honor,” Walsh chimed in, with equal formality.
“Your Honor,” Saunders continued, “Defendant Bartholomew was originally charged with two counts of first-degree criminal sexual conduct. After an exhausting investigation and several meetings with the victims, investigating police officers, and representatives of the defendant, we’ve decided to drop the charge of first degree, to accept a guilty plea of criminal sexual conduct, fourth degree.”
“Fourth degree?” the judge vacillated.
Great actor, Zack smirked. “That’s correct, Your Honor.”
“Is that your understanding, Mr. Walsh?” the judge inquired.
“It is, Your Honor.”
“Very well, then. Let’s make sure the defendant understands his rights and what he’s doing.” Shipper turned to Bartholomew.
The judge asked Bartholomew if he understood the charge to which he was pleading guilty. Had the plea been coerced, or had the defendant been promised anything in return for the plea? Judge Shipper advised Bartholomew he had an absolute right to trial by jury as guaranteed by the Constitution of the United States. Only the defendant could waive that right. Was this defendant making this plea freely and voluntarily and pleading guilty because he was guilty? Bartholomew answered all the questions appropriately and satisfied Judge Shipper he understood the rights he was giving up and was pleading guilty knowingly and voluntarily.
Shipper proclaimed: “I’m satisfied this plea is voluntary and is being made because the defendant understands and accepts his guilt.” He faced and addressed Bartholomew and asked, slight contempt in his tone. “Gerry Bartholomew, on the days in question, did you, in fact, engage in the fondling or touching of the genitalia of two minors, Jake Tracey, age twelve, and Kenneth Tracey, age fourteen?”
“Yes, sir,” the predator admitted.
Jennifer flinched. To hear Gerry admit even this, his smallest offense, made her blood boil. It was small vindication, but vindication, nonetheless. She envisioned Gerry in prison. She hoped the public was watching. She wanted the whole world to know about Gerry Bartholomew. Zachary told her to relax. He had a surprise for her. She wondered what it was—she hated surprises. The judge continued.
“I’m holding a presentence report, which recommends three years’ probation and community service, extensive treatment, inpatient or out, in an appropriate mental health facility. Usually, I would withhold sentencing for a sentencing hearing, but I understand both sides have agreed to recommend the court adopt this presentence report, is that correct?”
“That is correct, Your Honor.” Walsh and Saunders spoke in unison.
“Very well, then . . .” the judge continued.
“May it please the court, Your Honor?” Zachary interrupted.
“Who might you be, sir?” the judge demanded.
“Zachary Blake, attorney for the victims, Your Honor. The victims’ mother, Mrs. Jennifer Tracey, pursuant to the Victims’ Rights Statute, would like to address the court before sentence is pronounced.”
“I apologize, Mrs. Tracey. Of course, you may address the court. Please forgive the oversight.” The judge corrected himself, happy to accommodate a voting constituent.
“Thank you, Your Honor. What you are about to do is not appropriate in this case or for this man. Gerry Bartholomew is a vicious predator of children. He cannot control himself, and the church refuses to control him. They would rather transfer him from town to town and permit his decadent abuse of children wherever he goes. They’ve had ample opportunity to stop him, to arrange for professional help, to prevent my children and others from becoming victims. Instead, church officials have buried their heads in the sand and made the victims their enemies while coddling this criminal.
“This defendant has committed more serious offenses against my boys and others. These offenses are much more severe than those to which he pleads guilty. This defendant has sodomized children. He has raped children. Children in every parish he has been will bear the emotional scars of his betrayal, perhaps for the rest of their lives.
“Your Honor, you must not ignore his many past and future crimes and victims. You must not return him to Lakes or any other parish. You must hold him accountable for ruining the lives of my children and countless others. You must sentence him to the maximum allowed. You must . . .” Jennifer broke down. Blake cradled her. She buried her head in his chest.
“Your Honor? Has this plea been accepted? Has Father Bartholomew been found guilty of fourth-degree criminal sexual conduct?” Zachary inquired.
“Yes, Mr. Blake. Had Mrs. Tracey spoken up earlier . . .” the judge quavered.
“Mrs. Tracey would like to present one more witness before sentencing is pronounced. Would that be permitted in the interest of justice, Your Honor?”
Jennifer turned to Zack and whispered, “I would?”
“Yes, you would,” he whispered back. “The fun’s about to begin. I promised a surprise, didn’t I?”
“I object, Your Honor. The Victims’ Right Statute does not permit a parade of witnesses. It enables victims to address the court. If this potential witness isn’t a victim, his testimony should be barred,” a terrified Walsh argued.
“I agree,” Saunders chimed in. “However, Your Honor, I am curious about who the witness is and what he has to say.”
“This witness’s testimony has a direct bearing on sentencing, Your Honor. Furthermore, he could not testify until Father Bartholomew was found guilty,” Zack explained.
“Very well then,” Shipper ruled. “I’ll hear the testimony and consider its relevance to sentencing.”
Zachary motioned to the sheriff’s deputy stationed at the back door. “Bring in the witness, please.”
The deputy opened the door, and Phillip Jack strolled into the courtroom.
“Who’s he?” whispered Jennifer.
“You’ll see,” Zack reassured.
Bartholomew turned white.
“State your name for the record, please,” the clerk demanded.
“Phillip Jack.”
“Your Honor? May I have the witness sworn and ask questions as an officer of the court and attorney for the victims?”
“I object!” cried Walsh. He now understood why this witness was present. “I object in the most strenuous of terms. This is beyond the scope of Victims’ Rights. This witness is not a victim. As such, he has no relevant testimony to offer.”
“I agree, Your Honor,” Zack concurred. “This witness is not a victim. However, he has very relevant testimony to offer on the issue of sentencing, and this is a sentencing hearing, is it not? Your Honor, you have discretion in these matters. I guarantee the relevance of this testimony.”
“I will hear the testimony because it is in my discretion to do so. I will decide its relevance. You may examine, Mr. Blake, on behalf of the victims. The clerk will swear the witness.”
“Your Honor . . .” Walsh protested.
“I’ve made my ruling, Mr. Walsh,” Judge Shipper interrupted. “Your objection is on the record. Now, sit down before I find you in contempt!” His Honor roared.
Walsh sat down in disgust. Moloney shot him the stink eye.
“Carry on, Mr. Blake.”
“Thank you, Your Honor.” Blake turned to Jack.
“Sir, will you state your occupation for the court?”
“Yes, I am a detective lieutenant in charge of investigations for the Berea, Ohio Police Department.”
“And in that occupation, Lieutenant—may I call you, Lieutenant?”
“Yes.”
“And in that occupation, sir, did you have occasion to meet the defendant, Gerry Bartholomew?”
Blake turned to Bartholomew, who looked like he might crawl under a table or jump out the third-story window. Blake hoped for the latter.
“I did,” Jack responded.
“Can you tell the court the circumstances of that meeting?”
“Yes, sir, I sure can.” Jack was eager to expose Bartholomew.
“Please do so.”
“Two families from Berea, members of St. Pat’s Church, came to me and charged Bartholomew over there with sexually abusing their sons. I investigated the matter, confirmed, with hard evidence, the charges were true, and arrested Bartholomew on charges of criminal sexual conduct.”
“What degree of criminal sexual conduct, Lieutenant?”
“First,” Jack testified.
“What was the final result of those charges, Lieutenant?”
“The father copped a plea,” Jack grunted.
“Copped a plea to what?”
“Fourth degree, Criminal sexual conduct. Damnedest thing I ever saw. He was permitted to plea off the record. The file was sealed. No jail time, three years’ probation, everyone present was sworn to secrecy. My pension was threatened if I so much as uttered a word that the hearing even took place,” he recounted.
“Were the victims and their parents present?”
“Yeah, they were there. Didn’t speak, though. After the hearing, they disappeared. Took off in the middle of the night. No one’s heard from them since. Word is they’ve been bought off and are now running scared.” Jack enjoyed the moment.
“Scared?”
“Yeah, until tonight, when Bartholomew pleaded guilty, no police or court officer could disclose the plea bargain. The only people who might have talked were the victims. If they were eliminated, no one could talk.”
“Objection! This is absurd. Eliminated? Sounds like something out of a Bond movie,” cried Walsh.
“Yeah, well, tell that to Gus, the janitor at St. Pat’s. He turned up dead,” Jack snarled.
“Your objection, Mr. Walsh, is overruled,” ordered Judge Shipper. “Continue, Mr. Blake. I am finding the lieutenant’s testimony quite interesting. May I also state, for the record, that before accepting this plea, I was assured there was no prior conduct of this sort by this defendant.”
“I’m sure you were, Your Honor. That’s the church’s MO. Get rid of one charge, go on to the next. Transfer the guy from town to town in the meanwhile,” Zack piled on.
“Objection!” cried an exacerbated Walsh.
“Sit down, Mr. Walsh, and don’t get up again,” roared Judge Shipper.
Walsh sat down in a huff. He looked over to the old priest. Zack caught a glimpse of Moloney’s face. If looks could kill . . .
“Are you aware of any other charges and convictions against Father Bartholomew, Lieutenant?” Zack inquired.
“No, but I haven’t checked with authorities at other locations he’s been. I’d need a list of all his previous placements.”
“You shall have one, Lieutenant,” Judge Shipper commanded. “I’ve heard enough. I’m going to reserve the issue of sentencing until Detective Lieutenant Jack reports back to me regarding his investigation into Father Bartholomew’s prior conduct. Lieutenant, I presume you wish to place the defendant in custody on his probation violation, am I correct?”
“You are, Your Honor.”
“Objection! Your Honor!” Walsh screeched.
“Your objection is noted, Mr. Walsh. The defendant is remanded to the custody of Detective Lieutenant Phillip Jack of the Berea Police Department for incarceration on his probation violation. The lieutenant is to have the defendant brought to my courtroom for further sentencing upon completion of his investigation. I hereby order officials of the church to release to Lieutenant Jack copies of Father Bartholomew’s personnel file with special attention given to locations and parishes where this defendant has previously served. Is that understood, Mr. Walsh?”
“Yes, Your Honor.”
“Any violation of this order will result in contempt of court. The offending party or parties will be spending time in the Oakland County Jail. Am I understood?”
Walsh sighed. He managed a very quiet, “Yes, Your Honor.”
“Very well, then, we’re adjourned.” The judge pounded his gavel.
“All rise!” shouted the bailiff. The judge rose and left the courtroom.
Zachary looked at Jennifer. She was beaming. “Blake, you done good,” she gushed. Then, she hugged him in open court.
