Betrayal of Justice Read online

  “Jenny! How nice to hear from you. I’m fine, thank you; how are you and the boys?”

  “Better, I think. Thank you for asking.”

  “I presume you didn’t call just to say ‘hello.’ What’s up?”

  “I need to see you, Father. It’s important.”

  “What about?” Jon was curious.

  “I’d rather not go into it over the phone if you don’t mind.”

  “Say no more, Jenny. When would you like to do it?”

  “Would now be too inconvenient?”

  This must be important. Jon completed writing his Sunday sermon and had a couple of hours.

  “Now would be fine. Your place or mine?”

  “Would you mind coming here?”

  “Not a problem, Jenny. I’ll be right over.”

  “Thanks very much, Father. God bless you.” She bit her tongue.

  Father Jon drove the old van the short distance to the Tracey home. As he approached the front door, he heard classical music playing at a deafening volume. Before he could knock, Jennifer appeared at the door and stepped onto the porch.

  “Let’s take a walk, Father,” uttered Jennifer, nudging him down the stairs.

  She passed him by, ambled down the steps and up the sidewalk. He turned to follow her. Curious behavior.

  Jennifer looked up and down her street for suspicious people or cars. When they reached the end of her walkway, she turned up the city sidewalk and continued walking away from her home. Father Jon was bewildered by her behavior but said nothing.

  “I believe my house has been bugged, Father, the church and rectory at Lakes, as well. Dr. Rothenberg says his office is also monitored. That’s the reason for the loud music and this walk. With these precautions, I doubt they can hear us.”

  “What in heaven’s name are you talking about, Jenny?”

  “You know perfectly well what I’m talking about. The question, before we go any further, is whose side are you on? Can I trust you?”

  “Of course you can trust me, Jenny.” Jon was confused and upset. “What’s this all about? And who’s doing all this monitoring you’re talking about?” What the hell is going on?

  “I was hoping you could tell me, Father. Dr. Rothenberg tells me that whoever it is told you to retain him to counsel the boys.”

  Now he understood. Rothenberg told Jenny about the Voice and the Coalition, but why? What happened to cause him to cross the Voice? This was a dangerous move—there might be consequences.

  “Rothenberg told you this?”

  “Yes, Father. Someone is trying to cover up Father Gerry’s abuse of my two sons. Since you retained the doctor at this person’s request, it stands to reason you’re also involved in this cover-up.”

  Jon felt incredibly guilty. It was not that way. He had to make her understand he only wanted to help her without jeopardizing his church.

  “Jenny, listen to me. I am not involved in any ‘cover-up.’ Yes, when I found out about your boys and Father Gerry, I called the division office. And, yes, this ‘someone’ you refer to returned my call and requested I keep this matter quiet. This man works in some capacity with the church hierarchy. He felt it would be in everyone’s best interest to prevent this from becoming a scandal, and I agreed. What if they removed me and left Gerry in place? I needed to go along to protect not only your kids but also any other child from Gerry’s misbehavior. I insisted the boys receive treatment as a condition of my silence, which is why they were referred to Dr. Rothenberg.” She has this all wrong!

  “How long have you known?”

  “Shortly after the boys came home from the camping trip. I overheard some of the kids talking about someone spending the whole weekend alone with Gerry. When I saw the boys on their return, I put two and two together and reported it to division almost immediately.”

  “But you chose not to tell their own mother?” Jennifer shook with rage.

  “I was told not to, Jen. I was afraid if I didn’t go along, I’d be replaced and unable to protect the children. I’m terribly ashamed. You have an absolute right to be angry, but I thought it was in their best interest.” He was frantic.

  “And the church,” Jennifer charged.

  “Yes, and the church. A scandal could destroy all that I have worked for. Am I wrong for even considering it? Gerry was at Lakes for a short while. No one from division gave me any reason to distrust him. I couldn’t let him bring down my parish. I couldn’t let this Voice decide the best interests of one of my kids. I needed to be silent to ensure he trusted me. Now, all I can say is I’m sorry.” Jon felt terrible.

  Jennifer would not let him off the hook. “But, Father, when you came to my house and offered to pay for counseling, you knew the boys were molested and kept it to yourself?”

  “Yes, Jen, that’s true. It sounds awful now, but I honestly thought it was in everyone’s best interest to keep this quiet.”

  “Even from me?” Jennifer cried. “How could you? I have been in agony for over a month, trying to figure out what was wrong, and you knew? I’ve known you for most of my life. How can I ever forgive you? Did you think I would run to the press?”

  “You’re right, Jenny. I’m so sorry. I thought what I was doing was best for all concerned. M-may I ask you a question?”

  “Go ahead,” she sniffled.

  “Why do you think we are being monitored?”

  “Dr. Rothenberg says that this man—this Voice—calls him. He knows way more than he should unless he monitors the boys’ sessions. I don’t know if my house or Lakes is bugged, but the doctor thinks they must be. He wants to meet us at a private location. He thinks you can be trusted. I’m not so sure.”

  “Jenny, what can I do to convince you? I would never deliberately do anything to harm Kenny and Jake.”

  “Do you know what that animal did to my sons, Father?”

  Jon was very embarrassed, almost red-faced, but he answered her question. “According to Mr. Voice, there was, perhaps, some inappropriate touching. Is that what you mean?”

  “He raped them, Father,” Jennifer revealed.

  “Oh, my God!” Jon was stunned. “Jenny, I s-swear, I-I didn’t know!”

  Jennifer fell into Jon’s arms and sobbed. After what seemed like several minutes, she broke the embrace, took out a tissue, and dried her eyes.

  “Dr. Rothenberg says I can trust you, Father. I don’t know if I agree, but I trust him. If you cross my kids or me again—”

  “Jen, I swear, you can trust me. What’s the plan?”

  “Meet with Dr. Rothenberg and me. We must be discreet because we may be followed. Dr. Rothenberg doesn’t want this shady ‘Voice’ fellow to know we’ve met.”

  “You can count on me from this moment forward. Where and when?”

  “Tomorrow is Saturday. How about lunch somewhere?”

  “Tomorrow and lunch are both fine.”

  “How about the Little Daddy’s on Northwestern Highway, say 1 p.m.?”

  “That’s fine.”

  “You must be discreet. Someone will try and follow you.”

  “I understand. I’ll do my best.”

  “You need to do better than your best. You need to lose them.”

  “I will, Jenny.”

  “And make sure you are careful when using the phone. I’m sure it’s tapped.”

  “Unbelievable! I understand.”

  “Can I count on you?”

  “Absolutely.”

  They walked toward the van in silence. When Jon got to the driver’s side door, he stopped and studied Jennifer. “I’m truly, truly sorry, Jenny.”

  “I know you are, Father,” she placated him.

  “I will never let you or the boys down again. I want these bastards to rot in hell.”

  “Father Jon,” she scolded with a wry smile, looking up to the sky. “Such language!”

  Chapter Twelve

  Little Daddy’s is a nice little Coney Island restaurant on Northwestern Highway where Farmington
Hills borders Southfield. Jennifer and Father Jon drove separately to different stores, parked, entered the respective store, and quickly exited through the back door.

  Uber drivers, summoned by phone, awaited them and drove them to the restaurant. This ‘sleight of hand’ was Father Jon’s idea. Jennifer felt like an actress in a James Bond movie, but she appreciated the subterfuge. For his part, Dr. Rothenberg drove around town, made various stops, studied his surroundings, made sudden U-turns, doubled back, and slipped into alleys. It was exhilarating. Surely he gave the slip to anyone who might be following.

  Jennifer and Father Jon were seated by the time Rothenberg arrived. Each had a drink of some sort. Rothenberg greeted them and sat down. A waiter approached, and Rothenberg ordered a Diet Coke. After an exchange of pleasantries, the waiter returned with his drink and took their food orders.

  “They have good Coney’s here,” Rothenberg advised. “If you like salad, the Tommy’s is the best.”

  A real connoisseur, thought Jennifer. At the waiter’s suggestion, they ordered a gyro appetizer, several Coney dogs, and a Tommy’s for two, since the orders were huge. After taking their order, the waiter left them alone.

  “Thank you for coming, Father,” started Rothenberg. “I’m very concerned about the direction in which the church is taking this incident. My contact remains unknown and is more concerned with keeping this quiet than he is with getting Father Gerry into treatment or making sure his conduct is not repeated.”

  “I have the same sense,” Father Jon admitted. “When he instructed me to retain a therapist, he was more concerned about your loyalty to the church than about your credentials and competence. I was concerned about both, so I made sure that the man chosen was highly competent.”

  “Thanks for the compliment. I am now convinced this is not the best course for the church, nor is it the best course for the boys. If we remain quiet about this, I am positive Gerry will be transferred, and the parents and children in his new parish will not be advised,” Rothenberg warned.

  “I think you’re spot on, Doctor,” Jon agreed. “According to national research on this issue, these cases are disturbingly prevalent. The church’s strategy in dealing with these cases is consistent and unfortunate. The priest is privately counseled, released from treatment, and then quietly transferred to a new parish in a new town without warning. We can’t derail this policy nationally, but we can try to prevent it in this case.”

  “How?” Jennifer wondered.

  “I say we turn this over to the Farmington Police and prosecute Bartholomew. I’m confident Gerry’s done this before; the church must have covered it up. If we prosecute him publicly and notify the press, the church will be unable to transfer him without any new parish knowing his history,” Jon posited.

  “What makes you think he’s done this before? He’s not been prosecuted. I’d bet the church could even bury prosecutions if it wants to,” Rothenberg suggested.

  “You may be right. I have been involved in some sensitive cases where the prosecutor made a plea arrangement that included sealing the file.”

  “What do you mean ‘sealing the file’?” Jennifer wondered.

  “The otherwise public record is made private by a judge. If you go to the records to check under the particular criminal’s name, nothing appears. He has no record, so far as the public is concerned.”

  “So, if a molester arranges to have his file sealed in exchange for a guilty plea, he could be transferred by the church, and if the pastor of the new church wanted to check his record, he wouldn’t have one?” Jennifer exclaimed.

  “Yes, which may be what happened here.”

  “What can we do about preventing Gerry from doing this again?” Jennifer challenged.

  “I like Jon’s idea. Publicity should prevent that. Here’s what I suggest. Pursue criminal charges and notify the press. Jennifer raises holy hell if any proposed plea bargain includes a sealed conviction. Jennifer and the boys file a civil case against Father Gerry and the church. They make this lawsuit very public too. Jon testifies Gerry was transferred to Lakes without any prior warning even though the church was aware. What judge would permit a sealed result under those circumstances?”

  “I’m willing to testify he was transferred without my being knowledge of prior conduct, but I don’t know for sure if there was prior conduct or the church knew of his propensities,” Jon cautioned.

  “A great lawyer will take care of that. If presented with evidence the church knew, covered it up and transferred him anyway, would you testify?”

  “Absolutely.”

  Jennifer remained quiet and listened, intrigued by the conversation. She was impressed with Rothenberg’s two-prong attack. Criminal and civil charges would publicly expose Father Gerry and the church’s policy toward pedophile priests. But, is this right for my family? The plan was centered on publicity. Would the boys have to testify? Newspaper reporters would hound them. What would things be like at school? Kids could be so cruel. Would the boys be subjected to cruel jokes about sexual desires and preferences? Was her imagination carrying her away, or were these realistic fears?

  “Jenny? Jenny?” Rothenberg interrupted her thoughts.

  “Yes?”

  “You were a million miles away. Penny for your thoughts?” Rothenberg requested.

  “I was wondering about the boys. You originally told me publicity might be harmful. I see reporters, schoolyard jokes and bullies. I can see how your suggestions will help prevent Gerry from doing this again, but not at the expense of my kids. I’m extremely worried. I don’t want any progress they’ve made in therapy to be ruined by publicity.”

  “Your concerns are well-founded, Jenny. I certainly did say publicity could be harmful. But I’ve been treating these boys for almost two months now, and I have concluded they’re strong young men. Their anger with Bartholomew is appropriate, yet they continue to blame themselves. I now believe successful criminal and civil outcomes in these cases, prison for Gerry, and a large damages award for the boys, would clarify these issues and assuage their guilt feelings. A guilty verdict in the criminal case and a large civil verdict or settlement would be double vindication for the boys. I am almost certain they will be okay with pursuing the civil case. However, to be on the safe side, I suggest you include them in your decision-making. Considering their current trust level, they should have a voice.”

  “How do you mean?”

  “Tell them what we propose. We want to proceed in a very public way, and neighbors and classmates will know what happened. We also tell them Gerry has probably done this to others who most likely agreed to confidential settlements and sealed files. Our strategy prevents this from ever happening again. We seek their prior approval to proceed. We involve them every step of the way.”

  “That’s an excellent idea,” Father Jon agreed. “If they have full input and approve the plan, they will be better equipped to handle the publicity. If we go ahead without their permission and they experience ridicule, we will be three more grown-ups who went behind their backs and violated their trust.”

  “Exactly,” Rothenberg concurred.

  “I’m apprehensive about this,” Jennifer countered. “Aren’t they too young? Haven’t these events made them too fragile for this kind of exposure or publicity? They are teenagers! Can you imagine how embarrassing it is to admit you’ve had sex with your priest? How can they face their classmates and friends? Will the trial and publicity make it clear this is all on the priest? He is the criminal and the boys his victims. I am sick with worry over this.”

  “Again, Jenny, I am not going to tell you there’s no risk. But the boys are angry. If the priest goes to prison, there is vindication, a very public statement that the priest is a criminal predator and the boys are victims. They didn’t have sex with their priest. Their priest raped them! It’s a big difference, no? In the civil case, a large verdict will buttress what happens in the criminal case. A verdict will not only punish the church for conceal
ing these crimes, but it will also serve as further evidence the boys were helpless victims.”

  Jennifer remained skeptical. However, she appreciated Rothenberg had gone to the trouble of developing this strategy. Her heart ached with concern for her sons’ wellbeing.

  “I’m still not convinced, but I agree we cannot and will not proceed without talking to the boys, getting their input, answering their questions, and putting them at ease. Their willingness or unwillingness to proceed is absolute. If the boys say ‘no,’ then it’s ‘no,’ and we continue treatment and devise an alternate plan that does not directly affect them. If they say ‘yes’ after a detailed explanation of the plan and all its negatives, then we proceed, with extreme caution.

  “Sounds like a plan. I couldn’t have said it better myself. I am pleased to participate in the discussion at whatever level you want me to. I agree we should proceed with great care and caution. Also, be prepared to pull the plug if things get too ugly for the boys to handle. Does anyone have any thoughts on a lawyer for the civil case?” Rothenberg added.

  Jennifer placed her hand on her chin, deliberating. “The only lawyer I know is the man who handled my husband’s accident. He specialized in accident and injury cases and did a terrific job. I felt he cared about my husband and family. It took a while, but we got all the law allowed. He sat down and educated me, so I was comfortable with my decision. I was very impressed.” She smiled at the memory.

  “He sounds like our man. What’s his name?”

  “Zachary Blake.”

  “Where’s he located?” Rothenberg inquired.

  “At the time, he had offices in the Southfield Town Center. I presume he’s still there. If not, I’m sure he’s listed.”

  “Are you comfortable calling him about this, Jenny, or would you like me to contact him for you?” Rothenberg offered.

  “No, I’ll do it.”

  “Make sure you tell him you already have a supportive psychiatrist with a Ph.D. in your hip pocket. Lawyers love it when they can present treating doctors rather than the bought-and-paid-for ‘whore’ doctors they keep on their payroll,” Rothenberg noted.