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“Ladies and gentlemen of the jury; this is the first of two opportunities I will have to address you in what is known as the closing argument. You’ll remember I made some specific promises during the opening statement. If I delivered on those promises, I told you I would summarize the proofs and prove I delivered. I asked you to render a significant verdict for the plaintiffs, only if you decided I kept my promises.
Our initial complaint demanded forty million dollars. Judge Perry will instruct you. You may award compensatory damages for the plaintiff's losses, and, if you decide they are appropriate, punitive damages, which punish the defendants.
The amounts we’ve demanded may seem exorbitant. We acknowledge this, but this case has never been about money. From the beginning, my clients sought to send a message to these defendants. Unfortunately, the only message these defendants can be sent is measured in dollars. To prevent similar conduct, this must be a strong and painful message. You may choose a higher figure, any figure you desire. My job is finished after I sit down for the last time. When I do, my clients’ fates will be in your capable hands, ladies and gentlemen. Rendering justice will be your job.
“I must be honest—humble, but honest. This trial went better than we could have imagined. We have proven the defendant, Gerry Bartholomew, repeatedly sexually abused two beautiful young boys, Kenny and Jake Tracey.” He turned and pointed at Bartholomew as he spoke.
“The boys were only fourteen and twelve years old at the time, happy-go-lucky, fun-loving boys, like your sons, nephews, or grandsons. Their whole lives were in front of them. Their worries and concerns were the simple ones of any twelve or fourteen-year-olds. Who are my teachers this year? Will I have friends in my class? Will Mom buy me an iPhone? Will the Lions, Tigers, Pistons, or Red Wings have good seasons? Will I do well in school? Will my parents be proud of me? Will I be invited to cool parties? Will I meet a girl? These should be the problems of Kenny and Jake Tracey. Instead, they worry about whether they can ever get the filthy and disgusting acts of this degenerate out of their minds.” He pointed again at Bartholomew, who lowered his head.
“The boys worry other kids are looking at them funny or treating them differently because they had sex with Father Gerry. They did not have sex with this predator—they were raped! Never mind that Bartholomew used his church, his power, and his size to force two innocent boys to bend to his will. What matters to casual friends of Kenny and Jake Tracey is they had sex with Father Gerry! Gross! Kids can be cruel. You know this from your own common experiences.
“Kenny and Jake Tracey worry they will never trust or have faith again. Remember, ladies and gentlemen of the jury, these were religious boys, inspired by the remarkable faith of their mother. Today, as you’ve heard, they refuse to step into the church they were baptized in, where they attended services and experienced happiness all their lives. They’ve had more joy at Lakes than anywhere, but now, they are too disgusted and afraid to set foot in the place. Why? Because Lakes is the place where they met him!” He turned and pointed at Bartholomew one more time. “Our Lady of the Lakes Church and School is the place responsible for bringing him into their lives. They can’t go in there!
“Kenny and Jake Tracey are in a perpetual state of anguish. You saw their tortured agony as you listened to their deposition testimony . . .” Zack could not mention Kenny’s emotional live testimony because Perry excluded it. However, Zack knew that no juror could completely erase those visual moments from memory. “They are moody, angry, disinterested in things that inspire every teenage boy—sports, hobbies, cars, music, girls, junk food, or school. Their grades have suffered, an issue, which, if not arrested, will have negative consequences in their adult lives.
“Ladies and gentlemen, you have heard the testimony of Dr. Rothenberg, a board-certified psychiatrist retained by the Defendants. He told you the boys have terrible guilt feelings. Somehow, they feel they brought this abuse upon themselves. Their guilt is compounded by their respect for their mother and their church, which prevented them from discussing the abuse. They buried the pain inside, coerced into feelings of desperation. You heard Dr. Rothenberg say the boys were just beginning their ‘raging hormones’ period. Puberty has been totally disrupted by these events, causing long-term, perhaps permanent, effects on sexuality. Dr. Rothenberg told you many victims of sexual abuse experience depression, flashbacks, suicidal thoughts, alcoholism, drug abuse, aggressive behavior, and confusion of sexual identity. Long-term, possibly lifetime treatment is in their future.
“You have heard the haunting and heartbreaking testimony of Jennifer Tracey, who told of her shock and revulsion when advised by Dr. Rothenberg that her boys were sexually abused. She told you how the abuse has affected her relationship with her own children. ‘They aren’t as loving anymore,’ she told you. Their grades have dropped, they don’t play with each other like they used to, they have drastic mood swings, they stay in their bedrooms for long periods of time, they have no friends, they don’t pray anymore, and they won’t give their own mother a simple good-night kiss. She told you of the horrible images of abuse she cannot erase from her mind. Please, remember her riveting testimony, ladies and gentlemen.
“You have also heard smug and dishonest testimony from Bishop Moloney. He lied under oath when he denied previous knowledge of Bartholomew's pedophilia. The brave testimony of the O’Connell and MacLean family proves Moloney committed perjury. A bishop in the church swore on oath, to tell the truth in this court, and then lied to you, ladies and gentlemen! Are we surprised? What do we expect from a man who conspires to obstruct justice, tampers with witnesses, plants listening devices in people’s homes and offices, and offers huge amounts of cash in exchange for silence?
“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 the 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 that the church’s agent, Bartholomew, destroyed the innocence of their children. It wasn’t enough that these families, because of their faith and trust in their church, accepted deceptive offers of support. It wasn’t enough that 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, 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. were 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 Father 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 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.”
