Collision Course (A Josh Williams Novel) (27 page)

Hawk
and Josh walked to the courthouse. The media descended on them.

"Mr. Bennett, will you force the Priest to testify? What about the promise of confidentiality? Do you intend to take on the church on this matter? Does this have anything to do with the sudden resignation of the Bishop?"

"My, my nothing like a little battle with the Catholic Church to stir things up I always say." Hawk replied. "We really have nothing to say here. We do all our talking in the court room."

Continuing up the stairs, Hawk turned and winked for the cameras, "However, I will tell you this, moments after the jury returns the not guilty verdict, if we even get that far, I will have a great deal to say about all of this. Until then, off to slay the dragon."

Rodericks
returned to the bench.” Ms. Fleming, does the government wish to be heard in this matter? Are you still supporting the defense motion?" Rodericks asked from the bench.

"Your Honor, after careful consideration and research, the government objects to this line of questioning as irrelevant.

Furthermore, we would argue that the Clergy-Penitent protection applies in this matter. The status of the penitent in this instance being deceased is of no bearing.

Compelling Father Swanson to testify on matters within the confessional is rift with risk. There is no way to limit the damage.

There may be something prejudicial to Mr. Machado that, once in front of the jury, may be impossible to redact.

As I stated in our written brief, there are numerous cases supporting the exclusion of such testimony. Tantamount here is the relevance. Assuming ad arguendo, that the Court allows Father Swanson to testify and he reveals a statement against interest of Mr. Machado, the damage would be done, yet the information is of no actual bearing on the matter before the bar.

There is nothing Father Swanson can testify to about matters heard in confession that have any direct or circumstantial evidential value in this matter."

"Thank you Ms. Fleming. Do you have anything to add Mr. Bennett?"

"Well, I am a little surprised by the government's change of heart. Nevertheless, this may all be academic.

The protections offered by the Clergy-Penitent confidentiality cloak attach only if Father Swanson invokes them.

If I recall, he said he would seek guidance from the Diocese.

Perhaps we should ask the witness the question and see if he invokes the privilege.

I am not trying to waste the Court's time here. I think we need to have the problem before us prior to arguing about how to fix it."

"You may have a point, Mr. Bennett. Let's bring the jury in, recall the witness, and see where this leads."

Once the courtroom settled down, Father Swanson took the stand.

"Now, Father Swanson, do you recall the questions I asked you the other day?" Hawk began.

"I do."

"And as to the information regarding the name of the individual Mr. Machado told you molested him, will you please tell the court whom that person was?"

Jim looked over to Josh, dropped his eyes down and thought
. I have a choice here. Unveil the evil of one man, show the world that I am a coward, go back on a commitment I made to Patricks and the Bishop, not that they deserve any consideration. Alternatively, refuse and see where it goes. What is the greater good? This does nothing to help Josh, or does it? Anthony was a troubled man, perhaps he wanted to die there, at the scene of his degradation.

The voice came to Jim at that moment.

Help him Father; he didn't do anything to me. I was dead to the world all those years ago. Let it go. The truth is what matters. No one will know the truth about me. You can reveal another truth. Any truth revealed, is good for the soul.

"Father Swanson, do you want me to repeat the question?"

"No, I just needed a moment to compose my thoughts."

Amazing how easy it is once you decide to tell the truth.

Looking to the Judge, Jim asked, "Can I explain the whole story, if I just answer the question it will be difficult to understand."

"Mr. Collucci?" Rodericks asked.

Looking to Fleming for help, her eyes conveying 'on your own here pal', "Ah, no objection as long as it is to the point." Collucci replied.

"Okay Father, continue but keep it brief."

"Twenty-three years ago, Anthony Machado came to me in confession. He told me was molested by," pausing a moment, taking a breath, "a priest within the parish. I knew what he said to be true because I saw Anthony with the priest the night before.” Dropping his gaze to the floor.

“The circumstances were troubling, but as a young priest, I was in no position to prevent what happened, or more correctly, I was not strong enough to do the right thing. I hoped I was wrong. I quickly learned the opposite was true."

He looked over at Collucci. "On that same day, the priest came to me in confession as well and admitted to the acts described by Anthony.

My faith requires me to provide absolution; my vows as a priest compel me to offer the opportunity to repent. I no longer hold that to be true."

Looking over to the jury, "I never should have walked away from that, I should have done something, but I didn't. I will live with that for the rest of my life, for that I am sorry. I never should have let Father Macloughlin, now Bishop, get away with what he did."

There was an audible gasp as the name came out, several of the reporters rushed from the courtroom.

Rodericks banged the gavel calling for order in the courtroom.

Jim looked over at Josh then back to the jury, "I think Anthony wanted to die there, where his young life was so horribly damaged. I saw Sergeant Williams do everything he could to get Anthony to stop..."

Collucci was on his feet, "Objection your honor."

Jim ignored Collucci, continued talking to the jury, "I was afraid Anthony had come for me. I believed he was there to kill me for not helping him all those years ago."

"Your Honor, this has to stop. This is not testimony. It's a speech." Collucci tried talking over Father Swanson.

"Sergeant Williams waited until there was no choice. I saw Anthony’s hand come up. I believed he was holding a gun, so I shut the door. The latch made a loud sound, then the gunshots...I am sorry Josh, so very sorry," hands shaking, voice quivering.

Rodericks seemed stunned, "Father you will stop now, no more for the moment. We will be taking a short recess, please remove the jury."

As the last of the jurors left, the remaining reporters all rushed to the door, Josh stood up, walked to Jim and put his arm on his shoulder, "It's okay Jim, it's okay. Come on with me."

"Your honor, I do not think it appropriate that the defendant in this matter should be approaching a witness while they are still on the stand. Please direct him away." Collucci was incensed.

Rodericks glared at Collucci, "I hardly think the defendant in this matter would be tampering with the witness right here in front of the bench. Nevertheless,” turning to Josh, “Sergeant Williams I realize you have a long friendship with Father Swanson, but please do not approach any witness while they are still on the stand."

"Yes your Honor, my apologies to the Court." Josh and Jim then walked out of the courtroom.

The reporters were waiting.

So was Deputy Marshall Murray, he ushered Jim, Josh, and Hawk into a small, private conference room.

"Did you see that?" Hawk asked.

"See what?" Josh answered.

"Useless was nice to you! When you walked up there to Jim, I half expected him to order you into custody. Instead, he acted with kindness and empathy. If you've won him over, this case is in the bag as we speak."

Hawk walked over the Jim.

"Now, Jim. I am sorry I sent you down that road. I knew there was something there. I did not intend it to cost you the priesthood. I needed the jury to see the actions by Machado, by Anthony,” putting his hand on Father Jim’s shoulder, “as irrational and dangerous. Anything that contributes to that is helpful, I am going to steer the questions away from this when we go back."

The look in Jim's eyes betrayed his realization that it was not over just yet.

"I am sorry Jim; I need to go into detail about what you saw. I will try to avoid any more questions about confidential matters. I don't think Collucci will want to touch on it either."

"I know he won't. He tried to get me to refuse to testify," looking at Hawk, “through his cousin."

Hawk looked at Josh then back at Jim, "who tried, what cousin?"

"Collucci. The Bishop is his cousin. He and the Diocesan lawyer came to see me last night, trying to convince me to invoke the Clergy-Penitent protection or if that failed, my Fifth Amendment rights. The FBI brought me in Collucci’s office after court. He threatened to indict me. The Bishop told him I was the one that molested Anthony and confessed this to him. Can you imagine, a Bishop that would do that?"

"Wow, hold on here, Padre, tell me this from the beginning."

After Jim relayed the events leading up to the Bishop being at the residence, Hawk asked, "What did you tell them?"

"The Bishop and I held a private conversation. After that, I told them I would go along with their recommendation, if the Bishop resigned. I know a few more things about the Bishop. They would prove quite embarrassing for the Diocese, should they come out."

Hawk started to speak but Jim interrupted, "I decided that the truth was more important than any agreement with someone like the Bishop, I would testify no matter what. I owed that to Anthony and if it helped Josh, all the more reason."

"Do you think they will defrock you?" Josh asked.

"I see some of that Catholic education stuck.” Jim smiled. "Who knows? It is a whole new world now; perhaps the next Bishop will decide to see things in a different light."

There was a knock on the door, Murray stuck his head in, "Rodericks is ready to resume."

The three started out the door, as Jim passed by, Josh said, "Thank you, Jim."

Jim nodded, patted his shoulder, and headed back into the fire. He now knew what it meant to have faith.

Rodericks
entered the courtroom and took the bench. "Mr. Bennett, I want to caution you on any further inquiry into matters which may, under law, be confidential. I do not want a mistrial. I allowed the line of questioning in as much as it reflected the state of mind of Mr. Machado. You are in a dangerous territory. If you cannot keep the questions relevant, and to the point, I will exclude Father Swanson's testimony. Am I making myself clear?"

"Yes, your honor. I do not intend to pursue that line of questioning. I believe we made our point about Mr. Machado's state of mind. My focus will be on what Father Swanson heard and saw during the confrontation."

"Mr. Collucci, the same holds for you, I will not allow any further inquiries into Clergy-Penitent matters. I know it may be tempting to you for reasons outside the realm of this court. I caution you not to go there."

Collucci leaned over to Fleming, "I told you he wouldn't allow it in," rising to face Rodericks, "Your Honor, the government has no intention of pursuing that line. I would submit a motion to exclude Father Swanson's testimony as it relates to any matter except the day of the incident. His speech was inflammatory, prejudicial, and without any evidentiary value. We request the court instruct the jury to disregard that portion of the testimony."

Rodericks looked at the documents on the bench, made several notations, and then looked at Collucci, "I would concur that the testimony was close to the edge. However, I do not think it entirely without merit. The jury can give it any weight it likes. You can deal with it in summation, or perhaps with a rebuttal witness. I do not want to place any more focus on it. It is out there, instructions to disregard it may have the opposite effect. Your motion is denied. The record is noted."

"Thank you, your Honor." Collucci sat back down. Fleming could not help but notice the contemptuous look from Rodericks.

The jury returned to the court, Rodericks called for Father Swanson to take the witness stand, cautioning him that he was still under oath. "Continue Mr. Bennett."

Hawk walked to stand near the jury. "Now Father Swanson, I'd like to turn your attention to the time of the incident. Could you describe how Mr. Machado, let me rephrase. Mr. Machado was on the floor, correct?"

"Yes."

"And he was moving toward you, toward the Sacristy?"

"Yes, kept looking at the Sacristy door and then back toward Josh, I mean Sergeant Williams."

"Could you see his hands?"

"Just his left hand as he was pulling himself along the floor. I couldn't see his right hand. It was on the side away from me, and his arm was pointed back toward Sergeant Williams."

"Now Father, could you hear anything?"

"I heard Sergeant Williams telling Anthony to stop moving, he said it several times."

"Did Anthony say anything? Did he respond to Sergeant Williams?"

"He was mumbling. At first, I could not understand what he was saying. He did not seem to be listening to Sergeant Williams, he was..."

"Objection, witness is offering an opinion. He cannot testify to what Machado 'seemed' to be doing." Collucci said.

"Sustained. Confine your answer to facts Father Swanson, not what you thought, just what you saw."

"Yes sir," Jim replied.

"I heard Sergeant Williams yelling at him to stop moving, Anthony did not comply. He kept moving. He was sobbing, I heard him say 'I tried to get him to stop' several times, over and over," looking to the jury for a reaction.

"Just so we are clear Father, Machado is crawling toward you. You can see his left hand, but not his right hand. Sergeant Williams is telling him to stop moving, and Machado is sobbing 'I tried to get him to stop', is that accurate?"

"Yes, that is what I saw and heard." Jim was gaining confidence. Hawk did not like asking the next question, but it was necessary.

"Father Swanson, have you ever heard Mr. Machado... Anthony, use those words before?"

Jim face reddened, he understood why it had come to this, and what he needed to do, no matter what it cost him personally. "Yes, yes I have."

Collucci was not even listening, Fleming was trying to get his attention away from the notepad, but it came too late, as Collucci looked at Fleming, then at Jim, the answer came out.

Jim folded his hands, took a deep breath, "He used the same words in the confessional the day he told me about being molested."

Collucci simply looked at Rodericks, at a loss for the right words, and rose from his seat, "Your Honor, this testimony needs to be stricken from the record. It is prejudicial, hearsay, and irrelevant."

"Your honor, I would argue that since it goes against Father Swanson's best interest, there is an exception to the hearsay rule. Furthermore, it is relevant as it goes to the mindset of Mr. Machado which the jury can use to understand his behavior that day."

"Objection is overruled, please continue Mr. Bennett, with caution."

"Father Swanson, what was the last thing you saw before you closed the door?"

"I saw Sergeant Williams getting closer to Anthony, as he did this Anthony turned toward him. He raised his right hand. I could see something in it, but I could not tell what it was. I was very frightened. I thought he had a gun. I closed the door," Jim's voice began to quiver, "a moment later I heard the gunshots. That's when I left the church and returned to the residence." Wiping his eyes, staring over the head of the jury.

"One last thing Father, when did you first talk to the police about this?"

Jim looked confused, "Do you mean when I first told them I saw what happened?"

"Let me rephrase that, did you talk to the police the night of the incident?"

"I did. They came to the residence. I told them I was napping and hadn't heard or seen anything."

"And when did you first acknowledge to the police that you did witness the incident?"

"After I met with Mr. Harris, I realized I needed to be truthful with the police, tell them what I saw. I wanted them to know Josh did everything he could to get Anthony to surrender."

"Your honor, enough, this is beyond any acceptable standard of admissible testimony." Fleming voiced this objection, unable to contain herself.

"Sustained, the jury will disregard that last answer, and it is stricken from the record."

Hawk paused a moment to let Jim regain his composure, "Thank you, Father. I have nothing further."

As he returned to the table, Josh said, "so much for avoiding the confidential stuff, you lied to him."

"My boy, a little discomfit on the good father's part is nothing if it helps us get to the truth of this matter. You don't have to like it, but it won't matter once we get a not guilty." Hawk leaned back in his chair and enjoyed watching Collucci and Fleming in an animated discussion.

Josh shook his head, "No more of this Hawk, no more."

Hawk nodded, but he knew this was just the opening salvo.

Rodericks stared at the government table, "Mr. Collucci, do you have anything else for this witness?"

"No, you honor"

"Very well, Father Swanson you are excused, thank you for your candor."

Jim stood up, walked from the witness box, and past Josh. Josh tried to smile, but it was half-hearted. He hated what just happened to his friend.

Steve Murray was prepared again, guiding Jim out a seldom-used side exit, avoiding the reporters circling for an exclusive.

Court adjourned for the weekend.

There was blood in the water; the church wounded, sharks circling for the kill.

Later, that evening, Jim Swanson sat alone in the residence, waiting for the phone to ring.