Collision Course (A Josh Williams Novel) (26 page)

"Your Honor, the government needs some time to research this, however on its surface, I agree with the fact Father Swanson is under a legal obligation to testify. The Clergy-Penitent privilege offers no protection here. If Mr. Bennett wishes to pursue this line of questioning, the government does not object."

Returning to his seat, Collucci and Fleming huddle.

"Are you sure about this, Robert," Fleming asked, "if Bennett turns Swanson into a bad guy over this doesn't that ruin his credibility?"

"They may not like the priest after this, but it's not about him anyway. We got Williams's statement in. I'll push that in the summation, that's what they'll remember."

Rodericks wrote down some more notes, looked up and said, “The Court will consider this matter and entertain argument prior to resuming the trial in the morning. Mr. Collucci, please advise Father Swanson to be here, available to the court, Friday morning."

Rising to address Rodericks, "Yes, your Honor, I will have Father Swanson available at 9:00 AM," sitting back down he thought, maybe I should call my cousin the Bishop again, just in case.

As Hawk was packing his briefcase, Josh handed him a document pointing to a particular section. Hawk read it, looked up at Josh and said “Well, my boy. I never said I was infallible. How did we miss this?”

Josh shook his head, “I guess the shooting affected me more than I realized.”

“Well,” Hawk replied, “At least your report was accurate. Inconvenient, but accurate.”

Robert
Collucci hung up the phone. This can be either the worst thing to happen, or the best, he thought.

Using the information to manipulate that wimpy priest was never in doubt. If the Bishop became a casualty, so be it. He would look even the bigger hero taking down the conspiracy of silence within the church, the cousin aspect spun to his advantage of course.

Incorruptible.

An hour later, having explained a redacted version of the situation to Fleming, he sent for the good father.

Father Jim walked into the office, determined not to be a pawn in this matter anymore. Jim glanced at Fleming, surprised to see her, nodded, turning to Collucci.

"Mr. Collucci, I need to tell you something. You are not pushing me around anymore. I will not let you use me to get to Josh. He is a good man, sir. He doesn't deserve this."

"That was two things, Jim," Collucci smiled, "or do you prefer I call you Father? I do not give a rat's ass what you think, or what you say. That cop shot an unarmed man because he was black."

"Bullshit," Jim yelled, causing both Fleming and Collucci to raise their eyebrows. "There is no damn way Josh would ever do that. I cannot believe your political aspirations are more important than the truth."

The angered tone even caught them by surprise.

"Truth? You want to talk truth there Father. How about this truth? You molested that boy. Anthony went to the other parish Priest. He told him about it. That other damn priest, yeah that's right," reacting to the stunned look on Jim's face, “is my cousin, the Bishop. He told me all about your confession."

Standing up, he walked to the window, turned, facing Jim.

"And what does our good, holy, righteous Bishop do? Nothing. Allows it to continue, avoids doing the right thing. Runs away. Some hero of truth, Ms. Fleming, wouldn't you agree?" Glancing at the uncomfortable AUSA.

"You, seeing that as a green light, continue to molest the boy. Now you are going to lecture to me on the truth. How dare you."

Letting the impact sink in.

"I'll tell you what is going to happen. I am going in there tomorrow and argue to protect your lying asses, yours and my idiot cousin. Which is more than you ever did for Machado's."

Jim had never seen such an evil look. He was in shock.

He was willing to go to jail to protect the sanctity of the confessional. Learning the Bishop lied and twisted his confession, then discussed this with Collucci just to save himself, was too much. It was obvious the Bishop would try to cover up the truth.
So be it. I will tell them everything.
It was not absolution, but it was effective.

"And here's another thing, don't even think about trying to change your testimony. Do not think of going to Bennett with this shit. If you do, I will find out. I will indict your ass for molestation, perjury, and a whole slew of other shit. I do not give a damn about statutes of limitations. I will find a way.

And, my dear Father," narrowing his eyes, "don't think I won't bury my cousin along with you. I will take on the whole damn Church if I have do. Understand?"

Jim stood, walked to the door, as he opened it he looked into Collucci's eyes, "Mr. Collucci, the Bishop is lying to you. He has twisted the story for his own protection. I know what I did was wrong, for the wrong reasons, for an institutional philosophy I never understood. I am not proud of what I did," looking down at the ground, "but it was never about me, well, that may not be completely true, but it was not about my gaining something. I am not sure what will happen here, but understand this; my only hope of redemption is in letting the truth come out. I will no longer prevent that." Closing the door behind him.

Fleming stood and started to speak.

"Don't bother. I am through playing softball with these bastards. I do not give a shit, which one molested him, as far as I am concerned, they are both responsible. That being said, I do not want to let that testimony in. It will turn the jury's attention away from the real matter here. I also do not want to alienate the Catholic vote. They'll see this as another exhuming of old history."

Looking at Fleming, "Go to your office, prepare an argument to protect the penitent, so to speak. Rodericks is not going to let it in anyway. Greenhorn Catholic bastard wouldn't have the balls."

"I am not comfortable..."

"You're not comfortable?” Voice rising, "not comfortable with what, priests screwing little boys, priests protecting priests who screw little boys, or cops that shoot people for the color of their skin? Which is it?" Walking toward her, face reddening.

Rising to face him, "Robert this case was a stretch; you've known that from the beginning. Now this mess. It is going to turn into a train wreck."

"You want off this case? I will take over. I do not need your idealistic ideas of Justice. I am going to cause a change here. Then, I am going to cause a change in Washington."

Fleming shook her head, "I'll stay on the case. You remove me if you like, but somebody's got to remember what our goddamn job title is."

"And what is that?" Banging his hand on the desk.

Fleming stared at him, shaking her head. At the door, she paused a moment, took a deep breath,

"United States Attorney, not Lord fucking Protector." Slamming the door behind her.

Jim
returned to the residence at Saint Domenicks. As he walked into the den, he was not surprised to find the Bishop along with the Diocesan attorney, Brian Patricks, waiting for him.

"Good evening, Father Swanson," the Bishop said.

"Good evening, Eminence."

"You know Mr. Patricks, don't you?"

"Father," Patricks nodded.

"I do know Mr. Patricks." Jim walked to the cabinet, took out a bottle of Johnny Walker Blue and offered it to his guests.

"Not for me," Patricks answered.

"I believe I will have a small glass, neat," the Bishop replied.

After pouring the drinks, Jim asked, "So am I safe to assume that this has to do with the line of questioning being pursued by Mr. Bennett?"

The Bishop nodded, sipped from his drink, eyes glancing to Patricks.

"Father," Patricks began, "as you are well aware there is significant legal precedent regarding Clergy-Penitent confidentiality. We believe that the law in this instance is clear. We are advising you to refuse to testify regarding any conversations held under the protection of the confessional.” The Bishop, nodding slightly, indicating he should continue.

“In the unlikely event the court rules to compel your testimony, our advice is to invoke your Fifth Amendment protection and ask to speak to counsel."

"But doesn't that imply," looking at the Bishop, "I have something to hide, something I am concealing."

"Not at all," Patrick argued, "invoking either privilege is well within your rights, essential to the operation of the church, and guaranteed by the Constitution. No adverse inference can be drawn for invoking your rights."

"And suppose I decide not to follow this advice?" holding the Bishop's gaze.

"Would you excuse us a moment, Brian. Father Swanson and I need to discuss something outside your area of responsibility." The Bishop stood and walked to a window.

Patricks left the room, closing the door behind him.

The Bishop turned, facing Jim. Holding his gaze a moment he began, "Jim, I know the difficulty these issues pose to one's conscience. There is not a day that goes by I do not ask for forgiveness for my weakness. However, we are mere representatives of a much greater good. The Church has built this philosophy over centuries. It has survived because it works; it protects the Church, forgives our sins, and fosters our faith. It is not for us to determine the correctness of this. We have an obligation to fulfill our vows.”

Turning to the window again, “Look, you can hold whatever disdain or revulsion you feel for me in your heart, but you cannot let your personal feelings dictate something destructive to the Church. I sought help. I found peace in meditation and prayer. I found a way to resist my weaknesses. You need to do the same.

I know you walked away from young Anthony those many years ago, like you walked away when that officer shot him. However, going against your vows, damning your soul, losing your position as a Priest, will not undo those wrongs. They were your human weaknesses. You can overcome them, as I did."

The Bishop came over and stood next to him, "Jim, don't let our weaknesses hurt the Church. We will seek forgiveness together. We will help each other through this."

Jim started to speak, paused, and then looked at the Bishop. "You lied to Mr. Collucci. You revealed matters within the confessional, conveniently changing roles, and now you ask me to uphold that same confidentiality." Jim stood and began pacing, "Yes my dear Bishop, your cousin used that information to threaten me. Do you know what else he said? He said he'd take you down as well."

The Bishop smiled, "Jim, don't you see. He is playing us against each other. I would never discuss matters of such a confidential nature. Listen to me, we can get through this."

"No, we can't. I have lived with this long enough. I wonder how different Anthony's life would have been if I did something more.”

Father Swanson dropped his gaze to the floor. “You never knew this, but I made sure you were never alone with any other altar boy after that. I spent hours watching you to make sure you had no access. It was too late for Anthony. I know you went to his house. I know many things. The things you did away from the Church on those trips with your brother," catching the surprise in his eyes. "Yes your Eminence I knew all about those, the money used, the hotels you stayed in. But they were outside my control, this is not."

Jim watched as the Bishop tried to compose himself.

"Those trips were all approved by the Diocese, there was nothing improper," glaring at Jim.

"Then why the need for the phony receipts and altered travel requests? Do not take me for a fool, Bishop. I knew someday this would all come crashing down on me. I will take responsibilities for my failings, and for not doing enough to prevent yours. However, I won't let this be used by your cousin to force me to help him put a good man in prison for something he is not guilty of."

Jim stood, walked to the door and called out, "Mr. Patricks. I need you to be present for this."

The Bishop's eyes grew wide.

Patricks entered the room, saw the distress in the Bishops eyes, and looked at Jim, "what's going on?"

"The Bishop and I have come to an accommodation," looking at the Bishop, "he will be submitting his request for retirement from the Diocese and requesting a position to allow him more time for contemplation and soul searching. In exchange, I will follow your advice as to my testimony, but up to the point of invoking any Fifth Amendment protection. If it comes that, I will testify about anything asked of me."

Jim walked over to his chair, picked up his drink, and took a long swallow.

Patricks looked to the Bishop for some guidance. The man's face was ashen.

"Since at least you and I are men of honor Mr. Patricks, I will be satisfied hearing about the resignation on the news in the morning. If it is not there, I will assume this agreement canceled. I will testify without reservation about all aspects, including matters in the confessional, by all involved." Focusing his attention on the Bishop, "If the Diocese moves to remove me from the priesthood, so be it."

Rhode Island has the distinction of being the most Catholic state in the country. News of the Bishop's resignation ran right after the latest shootings in Providence, and before the report of the growing economy.

Jim took no satisfaction in this. He knew there were still elements of the church that would mobilize to protect and insulate. It no longer mattered to him. He thought, 'those we saw as most worthy of our trust can become the vehicle of our dissolution.'