Wednesday, November 8, 2017

Interesting News From The Vatican Insider

This post was published on September 20, 2017.  I am re-publishing it by moving the date to today's date because some people apparently forgot that there is another side of the story.  Archbishop Apuron never had a chance to tell his side of the story.  It had to take a newspaper outside of Guam to do that. 

An anonymous poster brought some interesting news published by the Vatican Insider in Rome.  His/her comment can be found here.  The news report is written in Italian.  However, I have found the English version.  The English version is found here.  Apparently, someone in the Vatican Insider has been doing some research on the Apuron case and even collected documents and testimonies from witnesses.  This is worth reading!     

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The Guam problem, a diocese rocked by financial and sexual scandal 

Vatican Insider reconstructs the story leading up to the trial of Archbishop Anthony Apuron, now awaiting his verdict by the Tribunal presided by Cardinal Burke in the coming days. An island in the midst of corruption, intrigues, abuses, and power plays


VATICAN CITY

Corruption, revenge, lobbies, financial scandals, and sexual abuses. Everything seems to intertwine in Guam, the largest island of the Mariana Archipelago in the Western Pacific Ocean, most recently under the international spotlight because of North Korean leader Kim Jong-Un’s threats to bomb the island’s US military bases. The threat of nuclear annihilation is one more worry to be laid on the faithful of Guam, a flock already deeply disturbed by the scandals engulfing the Archdiocese of Agaña—scandals which have paralyzed a church which in the landscape of the Pacific distinguished itself for its liveliness, making up about 85% of the island’s 160,000 inhabitants: a data not irrelevant in a part of the world where every trace of Catholicism is gradually disappearing. 

Right now, the island is awaiting the verdict of the canonical trial of their archbishop, seventy-two year old Capuchin Anthony Apuron, who has suspended himself from any office after being charged with sexual abuses of minors following allegations relating to his time as a priest over forty years ago. 
  
But what might seem at first glance like another sad story of a pedophile priest on closer inspection becomes a much more complex account of rivalries, plotting, power games, and sex scandals (real or invented) and media campaigns. All this played out on a tiny island where most of the population is related by blood. It is, in short, a feuilleton much darker than what up to now has emerged on the media, which Vatican Insider has sought to reconstruct in details through statements gathered by local witnesses, records, and documents which we have been granted access to. 
  
Guam and the project to transform it into the "Las Vegas of the Pacific" 
Everything began in 2002, when a group of Chinese entrepreneurs first laid eyes on the Accion Hotel in Yona, built as a Japanese resort in 2000 but soon ended up in bankruptcy and set among 20 hectares of seaside property. When it first opened, the property was valued at between $60-80 million. David Lujan, their local lawyer, was authorized to offer $5 million for the site. The idea was to transform the hotel into a grand casino; this was part of a larger strategical project aiming at turning the island of Guam into a “Las Vegas of the Pacific” which would attract gamblers from China, Russia, Japan and Korea. It was an ambitious project, one which came to involve Mark Anthony Brown, the former Chairman of Trump Hotels & Casinos Inc., which would have produced millionaires earnings but also would have imported into the island crime, prostitution, and drugs, as Archbishop Apuron said and who always opposed the project because casinos “don’t bring money but moral misery.” 

The Japanese owners refused Lujan’s offer. Meanwhile Archbishop Apuron, under advice of close collaborators, bid $2 million (raised from donations) for it, to turn the bankrupt Hotel into a Redemptoris Mater seminary, whose vocations and formators would come from the Neocatechumenal Way, an ecclesial reality widely present on the island since 1996 and of which Apuron was a strong supporter. The Archbishop’s hope was to offer a point of reference for the formation of young future priests for the area of the Pacific to solve the crisis of the religious orders traditionally present in the different and serve as a bulwark against the increasing investments of people and resources being poured into the Pacific by the Church of Latter-day Saints and Jehovah’s Witnesses. 

The Birth of the Redemptoris Mater and the Theological Institute  
Apuron’s offer for the property was accepted. After signing a contract establishing the restriction of usage of the premises for a educational purposes, the new Redemptoris Mater Seminary formally opened in 2004. One year later, the “Blessed Diego Luis de San Vitores S.J.” Theological Institute was born. It was sponsored by 31 bishops of the Pacific and affiliated with to he Pontifical Lateran University by the decision of its former rector, Archbishop Rino Fisichella, and its dean of the Faculty of Theology, Ignazio Sanna. The birth of the Institute—which houses a library with over 30,000 books, was greeted with enthusiasm by many Australian, Filipino and American prelates who visited it over the years. The seminary was home to more than forty students who came from all over the world to train for service in the Pacific. Seventeen of these men were ordained to the priesthood and entered ministry in Guam or served as missionaries on the nearby island of Saipan, China, and the mainland United States. But today, both the seminary and the theological institute are going to be shut down by Archbishop Michael J. Byrnes, who has been serving as coadjutor archbishop of Guam. 

A Very Powerful Monsignor 
But to understand the decisions taken in recent months, it’s necessary to take a step back and consider the figure of the influential Msgr. James Benavente, known in Guam for his threefold role as rector of the Cathedral in Agaña, chief administrator of the archdiocesan cemeteries, and director of the prominent St. Thomas Catholic School. Benavente, who boasts a close friendship with Cardinal Luis Antonio Tagle, has been the subject of considerable criticism (and more than a little speculation) for some of his behaviors and especially for the luxury with which he surrounds himself, including cars, houses (three acquired for himself) and a whole compound for his family, first-class air travel, expensive restaurants and exclusive parties. Among the official archdiocesan documents shown to Vatican Insider, invoices and receipts are kept ranging from $9,000 to $17,000 for accommodations in five-star resorts and hotels like the Saipan World Center and the Makati Shangri-La in Manila. 

Benavente is also head of the Finance Council of the Archdiocese of Agaña, which in 2002 was overwhelmed by a super-typhoon causing millions of dollars in damages. Under Apuron’s management, the debts incurred by the Archdiocese following the disaster had been reduced to a manageable level. However, several financial holes emerged in three archdiocesan entities: the cathedral, the archdiocesan cemeteries, and St. Thomas Catholic School. These three institutions accounted for outstanding debts of $7 million and a half, as documented by the Agaña Archdiocese’s Finance Council report. 

In 2011, these issues were submitted to the Congregation for the Evangelization of Peoples, the Vatican department responsible for Guam. The Congregation’s prefect, Cardinal Fernando Filoni, asked for a full audit to clarify the matter but the audit was blocked. There were “significant accounting deficiencies” and difficulty detecting income and expenditures in the entities managed by Monsignor Benavente. 

Apuron Reforms the Archdiocesan Finance Council 
Following the unsuccessful audit, Apuron summoned the six members of the Archdiocesan Finance Council, asking them for an explanation and solutions. Benavente—regarded as a “godson” of lawyer David Lujan—submitted a proposal to sell the Redemptoris Mater Seminary and use the proceeds to cover the financial holes and thus avoid public scandal. “Over my dead body,” Apuron replied, dismissing the plan from further consideration. Despite the decision of the archdiocese ‘s head, members of the council attempted to pass the plan. In response, Apuron dismissed the Council already out of term, ousting member such as Richard Untalan—whose presence on the council was expressly requested by Benavente—a lawyer disbarred in the late 1980s for “moral turpitude” after he was condemned by the Washington DC Court of Appeals for “criminal facilitation of a felony of second degree, theft by deception.” One of Apuron’s collaborators—present at the time of the events and a direct witness—reported that the archbishop, his vicar general and his chancellor received threats following this decision by Msgr. Benavente, who claimed to have important friendships within the FBI and powerful figures in the Vatican. 

Deloitte & Touche fail to produce a financial report 
In 2012, a blog called “Jungle Watch” was created online, attacking Archbishop Apuron and the Neocatechumenal Way, accusing them of manipulating the prelate and “colonizing” the entire Agaña diocese. The site is managed by Tim Rohr, a real estate agent employed by Msgr. Benavente and involved in the projected sale of the seminary. The online attacks became more and more violent; Apuron again appealed for help to the Congregation to the Evangelization of Peoples, which commissioned well-known independent auditing service Deloitte & Touche to conduct a review of the disarrayed finances of the Guamenian church. Also this time it is practically impossible to conclude the audit, as stated in a document from Deloitte & Touche dated January 8, 2014, declaring it was impossible to draw “satisfactory results” from the financial statements that were analyzed. Some documents have disappeared. According to witness testimonies collected by Vatican Insider, the documents relating to Benavente’s financial administration were promptly destroyed to avoid any verifications or findings. 
  
Heavy accusations against Monsignor Benavente 
Some details are still emerging, of which civil lawyer, Jacque Terlaje, former secretary of the Finance Council of Guam Catholic Cemeteries tells Vatican Insider: “As an official member of a non-profit company, I have seen countless abuses of cemetery funds that have led to great injustices against the dead and their families,” she says. “For example, in cemetery funds there was no presence of ‘perpetual care’, responsibility in the long term to finance the care of niches sold. During the change of administration, it was discovered that there were undue appropriations and thefts that occurred within the Catholic Cemeteries. For example, unauthorized donation of 380 thousand dollar lands of cemeteries for families and friends of Monsignor James Benavente. One of them is back to repay the amount received. Benavente also used 13,000 dollars of the institution's own funds to pay for the celebrations of its 20th anniversary as a priest in July 2014.” 
  
Not only, “The review of funding from the period of 2009 to 2014 - again emphasizes the lawyer – showed that a credit card was issued to the Board of Cemeteries but intended solely for the use of Monsignor Benavente for expenses of meals in luxury restaurants, first class airfares, overnight stays in 5-star hotels. A further $23,000 expense was tracked onto another credit card, always using cemetery funds. In a period of five years, Benavente also paid himself sums of $326,913.61, mixing and transferring funds between the Cemeteries and the Basilica "Dulce Nombre de Maria" (the entities of which he was director) without complying with restrictions; in the sense that cemetery funds were used to pay salary employees of the Cathedral or to pay Basilica loans, or, worse, to repay personal credit card payments. This made it impossible for Deloitte & Touche to conclude the audit. " 
  
The accusations of the legal - immediately removed from the Financial Council and has ended up in the midst of threats and complaints - have been made public on the website of the Archdiocese also www.aganaarch.org (currently, the page was obscured). 
  
Benavente is then dismissed from his post and Archbishop Apuron forms a new board for the management of the funds of the Cathedral and Cemetery (the school has since gone bankrupt). 
  
Propaganda Fide intervenes again 
  
To avoid the worsening of tensions, Cardinal Filoni intervened again by sending the secretary of the Dicastery, Salesian archbishop and Hong Kong native Savio Hon Tai-Fai on an “information-gathering visit” in January 2015. The prelate remained on the island for fifteen days. In these two weeks, he made several changes in the Church of Guam and carried out interrogations on his own initiative in collaboration with the Apostolic Administrator of the Pacific and nuncio Martin Krebs, a German from Essen. 
  
In the meantime, while the online accusations against Monsignor Apuron continued, Deacon Steven Martinez, a member of the Financial Council, created together with other fellow members a group called Concerned Catholics of Guam whose main goal—among other things—was to “monitor the corruption” of the Archbishop. To this end sit-ins were organized in front of the Cathedral through a website updated in real time, where signs were shown asking for Apuron’s resignation or his dismissal from the clerical state. The leaders of the group were Gregory Perez, president, and David Sablan, vice president, whose name has recently made headlines for an embezzlement case currently being investigated by the US Federal Government.   
  
Sexual abuses 
After a brief respite of a few months, in May 2016 an ad by Tim Rohr appeared in every newspaper on the island inviting anyone who had been a victim or had knowledge of abuse perpetrated by Apuron in the years 1976-77, when he was pastor of Our Lady of Mount sCarmel parish to “come forward”. The ad appeared over the course of a month in every newspaper. After a few days, four people came forward, among them Roy Taitague Quintanilla, who alleged having been abused forty years earlier when, at the age of 12, he was an altar boy for Father Apuron who, according to his allegations, had taken him by night in his own home to rape him. However, Vatican Insider has learned that statements were made by multiple former altar boys to the tribunal who maintain that they had never seen Quintanilla in the parish and that the parish activities were always carried out in groups and never alone. 
  
Together with Quintanilla other people came forward who, crying in front of the cameras, claimed to have been molested. Tim Rohr, as heard in the recording of an interview by Patti Arroyo on the K57 Newstalk radio, publicly boasted, “it took me four days to publish an ad to find Roy and to pay a ticket for him from Hawaii” and to coordinate the group of victims and relatives suggesting to them “what to say and when to cry”, as well as encouraging them to hire David Lujan as their lawyer.  
  
“Your Holiness, I am innocent” 
Not even five hours after the release of the accusations, Nuncio Krebs called Apuron from abroad—as he kept doing for the entire following week—to ask him to tender his immediate resignation at the behest of the Pope. However, it is precisely to the Pope to whom Apuron wanted to turn to in order to discuss the situation. He left for Rome to ask an audience to the Pontiff and met him in St. Peter’s Square at the end of the General Audience of May 24th, 2016. During the kissing of the hand, Apuron told Pope Francis: “Your Holiness, I am innocent; I would like a private audience with you.” Bergoglio called an aide asking to set a date. That audience though, would never take place.  
  
The archdiocese tries to defend its bishop 
In the meantime, the archdiocese tried to intervene in defense of its bishop and contacted the Denver based law firm “Lewis Roca”, one of the most important in the US in the field of sexual abuses related to the Catholic Church, often consulted by the US Bishop’s Conference. The firm “Lewis Roca” accepted to represent the archdiocese and Apuron for free, agreeing on a potential percentage of the damages just in the case of a judicial victory.  At the same time Mr. David Lujan, Esq. filed suit against the bishop and the archdiocese for slander because they declared that the abuse accusations were false.  
  
Apuron suspends himself, Hon Tai-Fai arrives as apostolic administrator “sede plena” 
At this point Apuron decided to suspend himself from all his duties and asked the Holy See to name an apostolic administrator to bring back peace and order on the island and give him the possibility to defend himself from the accusations. The Vatican granted the request and on June 6, 2016 a bulletin of the Vatican Press Room announced the appointment of the secretary of Propaganda Fide, Monsignor Savio Hon Tai-Fai, as apostolic administrator sede plena of Guam. For the moment Apuron has been kept in his post as archbishop, although deprived of any authority. He sent a video message to the faithful in which he reaffirmed his innocence and announced the imminent changing of the guard by inviting them to receive “with open arms” the new apostolic administrator representing a sign on the part of the Pope of his will to “reestablish the truth” and which would “allow me to defend myself from the false allegations made against me.” 
  
The general restructuring  
Monsignor Hon arrived in the Marianas a few weeks after his appointment and in his first move asked that all priests, especially those formed in the Redemptoris Mater seminary, to resign as “proof of loyalty to me and to the Church.” Some accepted, others resisted. Accusations began to be thrown against those who didn’t give in immediately, some even of sexual nature, or else they were sent back to their countries of origin. Two Samoan bishops were forced to recall the seminarians they had sent to study in Guam. David Quitugua, the vicar general who was appointed by Apuron rector of the cathedral in place of Benavente, was removed. The same fate befell then-chancellor Adrian Cristobal (a Chamorro, native of Guam) and his deputy Alberto Rodriguez. The pastors of the four biggest and most populous parishes of the archdiocese of Agana lost their posts. Among them was Monsignor Brigido Arroyo, old and already near retirement, much loved by the parish community of St. Anthony which knew him as “Father Bibi.” Hon also altered the board charged with sorting out the cemetery funds and in place of Quitugua, entrusted the cathedral to Fr. Paul Gofigan, who had been removed two years earlier.  
  
Father Gofigan and the convicted felon 
  
At this point we need to take a step back and recall that Archbishop Apuron had dismissed Father Gofigan after having received complaints and pressure regarding the fact that the priest was living in the parish together with a former convict, Joseph Lastimoza, 54, who had been sentenced to life for raping and killing a 25-year-old flight attendant from New York in 1981 and to have tried to do the same with other women. Released on parole in 2002, Lastimoza had the keys of the neighboring kindergarten “Santa Barbara Catholic School” where he was head of maintenance. Several parents had voiced to Apuron, in person, by letter or email, their objections to the fact that a convicted felon had such freedom of movement in a place attended by women and children. Moreover, it is the same law of Guam that states that any person convicted of serious sexual crimes “cannot be employed, directly or through an independent contractor” in a sector such as “a school or an education institution while children are present.” 
  
In 2004 Lastimoza’s name had been entered for life in the first level of the Sex Offenders Register of Guam’s judicial system, following an impassioned letter written to the local press by military veteran David Mills, now living in New York, who had followed the case at the time. At that point Apuron, after having given a warning already two years earlier, asked Gofigan repeatedly to send off Lastimoza, given that his presence was in violation of current laws. The priest did not comply with the bishop’s indication and hence, under counsel of Archdiocese’s lawyer Edward Terlaje, decided to remove him.  
  
The removal of this priest, who was also the founder of the movement “Rainbow Mercy” for young gay Catholics, has often been characterized by “Jungle Watch” commentators as an outcome of the Neocatechumenal Way manipulations.  
  
Hon’s “reform” 
Meanwhile, even before the trial was set in motion, Hon granted interviews and issued declarations in press conferences declaring Apuron guilty even before trial began(insert link), and accusing the archbishop of being a “liar” for denying the abuses. Then he publicly rehabilitated Benavente and reinstated him as pastor of the most populous parish in Guam, member of the Financial Council (with him also Richard Untalan is reappointed) and as member of the committee for cemetery funds. Furthermore, the Apostolic Administrator sede plena rescinded the contract with the Lewis Roca and in its place hired “Swanson & McNamara”, a very expensive law firm from San Francisco. He also started a series of interrogations of priests and seminarians from the Redemptoris Mater during which seminarians were placed before a crossroads: to obey Apuron or “an archbishop invested by the powers of God.” As a consequence, the Redemptoris Mater underwent a dramatic reduction in numbers: from 40 to little less of 15 seminarians. 
  
Hon Recalled to Rome, Replaced by New Coadjutor, USA Byrnes 
During Hon’s five month stay in Guam, Pope Francis received three letters updating him on the situation. They never received a direct response. But on October 31st of 2016—after having asked Filoni to quickly find a candidate to replace him—Francis recalled Savio Hon to Rome and appoints an archbishop coadjutor, American prelate Michael Jude Byrnes, then auxiliary bishop of Detroit, to guide the diocese, which was by now falling apart. Before departing, Hon gave a lengthy interview to Pacific Daily News suggesting the course of action his successor should take. Four days before Byrnes’ arrival on the island, he also submitted a packet containing a series of documents on the island’s finances and a letter insisting that the Redemptoris Mater’s statutes be modified and that the restriction of use be eliminated. This choice, which was taken to safeguard a diocesan good, but which instead, according to its detractors, would take away any right Apuron had over the property (accusations disproved by the fact that with a simple signature, Byrnes has eliminated the restriction of use). 

The Redemptoris Mater is going to be closed, the Theological Institute affiliated to the Lateran suspended  
In Rome monsignor Savio Hon went to the Congregation for Catholic Education – according to the Congregation’s officials account – to ask for the suspension of the renewal of the affiliation of the Theological Institute with the Pontifical Lateran University, which had been already renewed for another ten years. Last news report that on August 29, 2017, Byrnes announced the closure of the Seminary and the Institute. Again, in the last few weeks Byrnes has removed four priests from the diocesan Presbyteral Council accusing them of insubordination for having written a letter to cardinal Filoni informing him of the intention to sell the building in Yona, an information requested by the same cardinal. Monsignor Benavente instead was given all previoiusly held assignments with an added appointment as delegate for the Archdiocese Patrimony. 

Cardinal Burke’s Investigation 
Regarding the sex abuse allegations against Apuron, the world awaits the verdict from the “First Instance Tribunal” presided by Cardinal Raymond Leo Burke— an outspoken critic of Pope Francis and one of those who signed the so-called “dubia” published in the wake of Amoris Laetitia. When on February 17 of this year Francis sent the cardinal to the Marianas to investigate the Guam case, many read the move as a “punishment” or “exile.” But in light of the facts, it seems more likely that the Pope’s pick was actually rooted more in the cardinal’s remarkable competence shown over the years as Prefect of the Supreme Tribunal of the Apostolic Segnatura. In about two weeks’ time, the American prelate gathered the documents and statements to be submitted to the Congregation for the Doctrine of the Faith, personally travelling not only to Guam but to Hawaii, San Francisco, Phoenix and the East Coast to listen to alleged victims, many of whom—as reported by local media at the time—refused to meet the cardinal if not in the presence of their lawyer David Lujan. 

Waiting For The Verdict 
Burke and four other judges—all bishops—are expected to issue the verdict on Msgr. Apuron’s innocence or guilt soon—a decision which should have been issued last August 4th but which appears to have been delayed. Maybe because of the outside pressures on the cardinal himself, who is said to have privately expressed surprise at the influence of external lobbies on the island. If Apuron were declared guilty, the decision will have canonical—not civil—consequences. “The fact that the Pope granted this process to a bishop indicates that the Church wants to reestablish due process,” explains one canon lawyer to Vatican Insider. If he is declared innocent, it won’t be easy for him to return to the head of Guam’s archdiocese, given the damage to his public image. Nevertheless the archbishop has privately confided his willingness to do so, albeit with the help of an auxiliary bishop. In any case, it’s hard to imagine the words “The End” marking any kind of conclusion to this turbulent story.  

Saturday, November 4, 2017

NCW in South Africa

Christ told his disciples to take no money when they evangelize.  This is the extreme kind of evangelization that the Neocatechumenal Way practice when they go in two by twos.  However, the two by twos usually lasts until two weeks.  

Mark 6:7-9   Calling the Twelve to him, he began to send them out two by two and gave them authority over impure spirits. These were his instructions: “Take nothing for the journey except a staff—no bread, no bag, no money in your belts. Wear sandals but not an extra shirt.

Those who go in two by twos have many stories to tell.  In fact, I believe Kiko Arguello collected many of those stories and had them printed in a book.  Below is an article dated August 25, 2017 of the Neocatechumenal Way in South Africa: 
Johannesburg (Agenzia Fides) - From 11 to 21 August, to answer to the call of Pope Francis, 72 men and women of the Neocatechumenal communities of South Africa have been sent on a worldwide mission two by two, with nothing but a Bible in their hands, to announce the Good News in all of South Africa, Swaziland Botswana and Lesotho. 
The group was blessed for their mission by His Exc. Mgr. Brislin, Archbishop of Cape Town and President of the Southern African Catholic Bishops' Conference (SACBC) during a sending retreat in Cape Town, as he addressed them with the following words: "Through our Baptism we share, as the apostles, in the ministry of Jesus Christ of the proclamation of the Kingdom of God… The evangelization in the modern time is not only to take Christ to those who have not heard of Him, but also to people for who Christ is not more relevant, to rekindle their faith". 
This same mission is currently being held in all parts of the world, as announced last year during the World Youth Days in Krakow, when more than 150,000 youth of the Neocatechumenal Way gathered for a vocational meeting. 
"This mission is not just for consecrated people", said Dino Furgione, responsible of the Neocatechumenal Way in South Africa. "There are married people, single, young and old, priests and seminarians. This is the spirit of the Second Vatican Council, the body of the Church as a true presence of Christ. We have experienced the fact that Christ accompanies us. And to the question he poses to his disciples in the Gospel of Luke:  
"When I sent you out without a purse, bag, or sandals, did you lack anything? ". We can testify that we didn't lack anything! Some have indeed suffered some deprivations, but we all experienced the 'perfect joy' of Saint Francis, who also used to send his friars two by two". (L.M.) (Agenzia Fides, 25/8/2017).


Tuesday, October 31, 2017

The Experience of Father Maurizio

As you know, Father Maurizio Pallu was the RMS priest who was kidnapped in Nigeria.  He was later released by his kidnappers.  Below is his experience and a photograph of him doing missionary work in Nigeria and elsewhere: 
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Fr Maurizio greets all the brothers and sisters in the UK, saying: “Dear Brother and Sisters, I thank you all from the depth of my heart for your nearness in this difficult moment. I felt the strength of your prayers and your love. Christ is truly risen and with him we will evangelise Nigeria, Africa and the world! Pray for me a sinner. Maurizio” 

The experience of Fr Maurizio: his homily on 19 Oct 2017 at the Eucharist in Scandicci, Florence, on the day he arrived.

Italian recording on https://www.youtube.com/watch?v=nDlinArl0Uc

 Firstly when I got to the Church and saw so many people I thought: “but all these brothers and sisters didn’t come here for a fool like me?” and I see this… sincerely. We all came here to celebrate our faith, and our faith is the Risen Christ so I wanted to speak about the Risen Christ through my experience. 

First of all I am touched, moved by your presence, your participations and your prayers I say it sincerely because I’m sure that these prayers, vigils, sacrifices you made saved my life.

We were in the forest for 6 days and we did not move, only in the first days we moved a little… and there, I experienced a total impotence of my being. I had no Bible or breviary, they only left me a rosary. I prayed the rosary a lot. 

I am very devoted to the Virgin of Fatima because already in Holland she (the Virgin of Fatima) saved my life allowing me to do a work of Christianization in the parish and I consecrated the parish to the Madonna of Fatima 

But last year I had an even stronger experience because on 13 Oct 2016 we were attacked by bandits in another city of Nigeria and we were kidnapped by bandits who were pointing a gun on us for an hour and a half and who stole the little money we had, but we managed to survive 

This year the attack happened on the vigil of the feast of the Madonna of Fatima - the Miracle of the Sun, 13 Oct, and the Madonna pulled us out.

Now, my first conclusion is this: If the devil unleashes such a big battle for 4 poor people, a cretin like me who goes to announce the Gospel, it means that what is behind is immense, I can’t even evaluate it because every time we go out to Evangelize, there is an attack, and then there is an intervention by the Madonna who is stronger that the devil’s attack, and it frees us - but it doesn’t just free us but it also doubles up our strength. 

In truth, this evening I am a little tired because I arrived this morning from Nigeria. I am falling asleep… I was 7, 8 days practically awake most of the time… 

One thing is certain: after this experience my faith has grown, my hope has grown and my charity has grown, and I know that I did nothing there 

We were 3 hostages, a Nigerian (female) student and a Nigerian accountant… 

I discovered the total impotence of my being, I discovered my fear. I did not want to die. I prayed so much for my persecutors and I prayed so much that the Lord will free me. 

I did my examination of conscience. I said “Am I ready to die now? “No, Lord I am not ready to die because I still have not expiated my sins, and not done sufficient contrition”. “If you, Lord, concede me a few more years of life, I promise to multiply my zeal to bring many souls to you”

 …this is what I said: “Let me live because I want to fight the devil so much with the help of the Virgin Mary” This is what I prayed constantly. I prayed for my colleagues, I tried to assist them, they were a little more worried than me. I mean I was so afraid inside… 

…and I saw a response from the Lord. The response from the Lord was as follows: that on the 13th October, the day after our kidnapping, the feast of the Miracle of the Sun, the heart of the bandits’ leader softened, became a little more tender. We started to maintain a dialogue… I told him “you are my brother I pray for you, you are not my enemies, I pray for all of you” “Pray, Pray, for me”, he said, and we started establishing a relationship… 

because one thing that I discovered in all these years of life is that the contrapositions we make are inexorably wrong. When we say: “Muslims, Christians, good, bad, adulterous, pure…” I could go on… because in any of us, at least in me, perhaps also in you, there is a little bit of everything. There may be a violent man who is capable of killing... I saw that at some point of my life I was capable of killing somebody, and you?... and at other times I was capable of sleeping with somebody else’s wife, and you?... and we could go on… 

hence this pharisaic attitude is always dangerous: to divide in good and bad, dividing in half creating a cast of pure ones

I was not pure in that situation in the forest, my intentions were not necessarily pure… what I said to the leader of the robbers… he was the only one who spoke English, the others were speaking Hausa, a language from the North of Nigeria… In this endemic corruption in Nigeria perhaps I’d be violent… I am very violent… You can ask my mother that sometimes I was throwing objects in the air… What did I throw in the air today? I was a bit annoyed… …maybe I threw the telephone in the air… so I am a violent person. How can I judge you…? 

I saw that they did not feel judged because at the end of the day either we think that Saint Francis was a fool in his approach to the Muslim robbers who took him prisoner, or we think that San Francesco was making Jesus Christ present 

I’d like to make it clear that I have nothing in common with Saint Francis, not even the name… 

but the following is certain: it is not true what the World says that if you are like the sheep you will be eaten alive. The one who is like the sheep, wins. He wins because he may lose in this world but wins in the world to come.

I said: Lord, if you want us to die, take us all to heaven, me and the others. I offer my life for their salvation even though I’d like to remain here… 

…so the leader offered me a cigarette, on 13 October, and said “smoke, smoke” “I don’t like these cigarettes, the cigarettes in Tuscany are better”, I said…. 

Then on Sunday it was a very difficult day because there was a blood-thirsty member of the gang and, I gather he was possessed by the devil, for various reasons that I noticed. He really wanted to kill. (It was obvious that) he wanted to kill because he would grab a stick and hit this other Muslim hostage brother who was with me and the student, in an inhumane way, with his stick… At night we were in chains and he was hitting him inhumanely… 

The leader realised this and said: “He is a very evil man, a very wicked man, he is bad…” I thought if this one doesn’t go away… so I prayed, I implored Carmen and the Madonna. “Father please take this blood-thirsty man away because this one will kill us all, he is not interested in money… he is interested in spilling blood…” and on Sunday the leader sent him home. This is a fact. You can interpret this fact anyway you want but this is a fact. There were 8 bandits, and then they became 5 and most importantly without the dangerous one. 

On Sunday I started thinking that perhaps we will manage to come out alive. Also because I saw that this was a Triduum. Friday, Saturday a real death, and Sunday the resurrection. I couldn’t celebrate the Eucharist but I lived it spiritually. 

In the evening they were so happy that they went out to hunt, they killed some wild rabbits, they roasted them, and they gave some to us so we had a BBQ, only the beer was missing. Basically overall we ate pretty badly, but in truth food was the least of our preoccupations. They gave us some kind of polenta and sugar and lots of water of a brown colour, we will probably get the hepatitis… … The doctors are now carrying out some analysis, I hope they’ll hurry up a little because they are a bit slow… so this is what we ate, but the hunger was not the main issue… I was never really hungry even though I normally have an appetite… then yesterday it was my birthday and at the Embassy in Abuja they offered me wine, cognac… we smoked Tuscan cigars.. but in the preceding days I wasn’t hungry because with the adrenaline, the fear of dying is really strong and you are not hungry. What affects you is thirst... so we drunk the water they had. They were drinking and eating the same drink and food that they were giving us. 

Alright, so this was my experience. Then on Monday, Tuesday I managed to pray the lauds because this protestant girl had a Bible so I said: “can you lend me the Bible”? 

What struck me was that on Sunday I was still too afraid.... I prayed the rosary a lot… but on Monday I relaxed a little… and I took the Bible. I took the Psalms at random. The 1st Psalm was number 18, is what you were singing, the psalms helped me a so much in captivity, then I skipped forward 5 psalms to Psalm 23… “the Lord is my shepherd, I don’t need anything even if walk in the dark, I do not fear because You are with me…” and then further four psalms forward: Psalm 27: “The LORD is my light and my salvation - whom shall I fear? even if an army besiege me… I will be confident”.

Then I opened the New Testament at random: Acts of Apostles 10, Cornelius: God regards all the men in front of Him as pure. 

Here all men in front of Him were Muslim. This wasn’t a religiously inspired kidnapping, nothing to do with religion but they were all Muslim. Every man is pure in front of Him pure because he was purified by Christ’s blood.

This helped me. This was my experience. On Tuesday we were freed and left near the road. To conclude I’ll say: my experience is that I did nothing these days. I absolutely don’t feel like a hero, absolutely not. I was very afraid. I was an obstacle to the actions of the Lord, but I saw the power of our Lord’s grace. No-one will take this away from my heart. The power of the Lord’s grace which acted in my poverty and saved me. 

I conclude with an anecdote: have you seen “The Lord of the Rings”? because when I go to Africa and ask the neocatechumens, no-one saw it. “Have you seen the Lord of the Rings?” and they answer “Noooo”. 

To finish I’ll say this, what sustained me was the Christian community, the prayers… Here we do not have great evangelizers, I’m certainly not one of them, here there are no great preachers, big stars, we are all small potatoes, but there is a body, there is a community of the poor, sinners where the sin, the weakness illuminated and sustained by the grace of God becomes a force, and creates communion, and this is what I wanted to testify with my experience. I didn’t do anything heroic, I am grateful to God, I thank Him for His actions through the Community because this is where the force is.

Without the Community you are lost because the man who is alone gets devoured in the World with so many attractions that make him even more alone… let’s leave it at that. 

“The Lord of the Rings” touches me because there is this community of Hobbits, people of short stature, similar to us who are in a sense short in stature, and these persons of short stature save the World. So much so that the great hero Aragorn, you remember this beautiful hero, the man, this great hero, says that the only thing that we have to do is to wait for this half-slave* to take the ring and throw it inside. We just have to gain some time.

This is what I felt profoundly in these days. I can only gain time by praying, awaiting that Christ, through the poor, will destroy the work of the devil and… "CHRIST HAS DESTROYED THE WORK OF THE DEVIL! CHRIST IS DESTROYING THE WORK OF THE DEVIL! Although it seemed that the devil dominates the World, this is not true. CHRIST IS RISEN!

Interview on Vatican Radio (you can listen to it in italian at: 

http://it.radiovaticana.va/news/2017/10/18/don_maurizio_pall%C3%B9_sto_bene,_ho_sentito_la_vicinanza_di_ mar/1343612 

18 October 2017: (English translation) 

Fr Maurizio Pallù was released last night, 63-year-old Italian diocesan priest in Rome, kidnapped last Thursday in Nigeria where he is a missionary as a catechist of the Neocatechumenal Way. Today, among other things, is his birthday. The Diocese of Rome rejoices at his liberation and expresses gratitude to the Lord. So many prayers these days for the missionary, beginning with Pope Francis. 

Fr Maurizio is well as he tells in the exclusive interview of Debora Donnini : 

A. In the three of us taken as hostages, we were a Nigerian brother, a Nigerian student, and myself. They released us around 10 in the evening. 

Q. - How are you doing? 

A. - Well, happy! The Lord has risen, accompanied me, I have had moments of fear but I must say I have felt very much the assistance of the saints, of the Virgin Mary. and of Carmen Hernandez (initiator of the Neocatechumenal Way - ndr) ... We have entrusted our mission in Nigeria to the Virgin Mary, to the Sacred Heart of Jesus, to the Immaculate Heart of Mary, to Saint Daniele Comboni, and to St. John Paul II ... so it's an iron team! In fact, it's the second time in a year they have kidnapped me, not the first; this was more difficult than the first time, but I saw the miracles that the Lord did, just great miracles that the Lord did to keep us alive. It means that the Lord has a big plan in this country because the devil is attacking with great force to destroy the work of God in this nation. In a year I was kidnapped twice but I am convinced that God will destroy the work of the devil. Another important fact to point out is this: the two abductions both occurred in the feast of Our Lady of Fatima on the 13th of October. Last year we were kidnapped on October 13th and through a miracle of Our Lady we were released after an hour and a half. This year we were kidnapped on October 12th, the eve of the miracle of the sun in Fatima. In fact, I was going to Benin City where the bishops of Nigeria celebrated once again Nigeria's consecration to the Virgin Mary and I wanted to be there on October 13th for this great Eucharist and instead on October 13th I had to go into the forest where I received a sign of Mary's maternal attention. And then on Sunday I received the confirmation that Our Lady and all the saints would pull us out of this situation. We did not give up! 

Q. - Are you now returning to Abuja? 

A. Yes, we are returning to Abuja.

Q. And will you return to Rome? 

A. - They told me to come back to Italy. I would like to stay here [in Nigeria] because we defeat the devil by staying here; the devil is cowardly, he wants us to be scared but he has chosen the wrong way. We are poor men, so we are afraid, but we are supported by the grace of God. And the devil is keeping millions of people slaves here using lies, cowardice and corruption, and when they allow me to return, I will return to here very happy and offer my poor person for the evangelization of Nigeria.

Q. - You were picked up on October 12th, how did these days go? 

R. - On October 12th we were picked up on the road, they came out shooting and then they took us to the forest. There were three of us, it was a band of kidnappers, we walked quite a long way to a lonely place, and then we were there, they had little to eat, they gave us what they had, we went ahead, we drank the water of the creek, a water of brown colour ... and anyway we are alive!

Arrival in Florence on youtube https://youtu.be/rLW2bDfE46E 

Ending with his message to us and the press “with the risen Christ we will evangelize Nigeria, all over Africa and ALL THE WORLD”


Image result for Fr Maurizio Pallu
Photographs of Maurizio Pallu during his missionary work in Nigeria and elsewhere

Monday, October 30, 2017

Children: The Future of the Church

In the Neocatechumenal Way, couples are taught to be open to life and that children are a gift from God.  Families are taught to do morning prayer together.  Morning prayer has brought the families closer to each other. The children and the spouses become more open to each other and communication is fostered in a more positive way.  The following article is from Zenith news:

During Meeting with Neocatechumenal Community at Roman Parish, Reminds Them That Children Are the ‘Future of the Church’


Roman parish of San Pier Damiani ai Monti di San Paolo in Casal Bernocchi, Acilia (on the southern periphery of Rome) on the afternoon of Sunday, May 21, 2017.
Upon his arrival, at 3:40 p.m., the Pope met in the Sports Center of Casal Bernocchi with the catechism children and young people and with all who frequent the center. During the meeting, the Holy Father answered some of the children’s questions.
Then, after going by car to the parish buildings, at 4:15 p.m., the Pontiff greeted the sick, the Neocatechumenal Community and the poor helped by Caritas. Finally, he heard the Confession of four penitents.
At 5:55 p.m. the Holy Father presided over the celebration of Holy Mass in the parish church. After the proclamation of the Gospel, the Pope gave an off-the-cuff homily.
Here is a working translation of the Pope’s greeting to the parish’s Neocatechumenal Community:
***
Parish Priest:
Holy Father, welcome among us – a brief presentation.
This meeting we are having briefly is with the reality of the Neocatechumenal Way, which was born here, in this parish, about 30 years ago. There have been various evangelizations: there are five communities in addition to two communities on mission, which your Predecessor Benedict XVI sent eight years ago, and invited them here, to this periphery of Rome, to evangelize those who were distant. They are two communities: one comes from Piazza Bologna, so they travel 50 kilometers to come here every Wednesday and Saturday; and another from Saint Leonard of Murialdo: every Tuesday they go to homes to visit families, to pray with them, to say a word, to listen, and this has borne much fruit. Not too many frequent this parish of ours: you see so many people now, today, but what you see today I think is the fruit of all that has been done in these years, first by my predecessors and also by this reality of our parish. I am truly grateful to the Lord – I also come from theRedemptoris Mater, I did my seminary years there, I was itinerant at first; now I have been in this parish for 12 years as parish priest. I am happy. I have had many difficulties but also many joys. I must say that these brethren have witnessed  — not only they but also others – the faith, they have given their life and they have reinforced my vocation. When I was in crisis in these years, it was they – it moves me – who supported me, because I think I should not be here. Therefore, I thank God, I am grateful to be a presbyter, to be a priest and to serve the Church of Rome. And, first of all is obedience to you, as Successor of Peter.
Pope Francis:
One of you said that if the Way is in this parish, it is thanks to this person [the parish priest]. But it’s something good: he didn’t say: “if the Way or this parish is strong, if we have so many children, if we have such a community and also missionaries, it is because we have had missionary priests, no. [He said that] you were the missionaries. Because the grace of mission comes from Baptism: it is Baptism that gives us the strength for the mission, and the lay people, who are baptized, are those who must be missionaries, then us, the priests, the Sisters, the Bishops also, all. But the lay people must go ahead. This is what the parish priest said: the fact of visiting families, of listening to them . . . This isn’t in Canon Law, but it’s very important: the “apostolate of the ear”: to listen. “But Father, much time is lost . . .” No, it’s gained! You listen, then, at a certain moment you will say a word and that word will germinate, it will be a seed, it will go on. However, [first it is necessary] to listen. Today people have the need to be heard. All speak, they speak of everything . . . But let us think . . . I’ll tell you a personal experience – I can also give a personal testimony: you like testimonies, no? [He laughs, they laugh] –: how many times I’ve heard people who have come to me to ask for advice, and I have remained silent, I’ve let them talk, talk, talk . . . and then they have said: “Yes, it’s true, you are right,” <and> I had not spoken! But it was the Holy Spirit that they had within, who spoke and they found the way. But they had need of an ear, and all of you have had this experience. And if one begins to speak, don’t say: “No, but this . . .” Don’t explain anything, until the moment the Spirit tells you: “Speak.” Recall the Apostle Philip: he was baptizing, evangelizing and the Spirit said to him: “Go, on that road . . .” And he found a carriage there, where there was a gentleman, Minister of the Economy of the Queen of Ethiopia. However, he was a Jew and he was reading the prophet Isaiah. And Philip didn’t say a word; he only approached the carriage and <the gentleman> looked at him and Philip asked him: “Tell me, do you understand this?” “How can I understand it if no one explains it to me?” He was the one who asked. Philip was silent. <The Minister> made him get into the carriage, and <Philip> explained to him . . . And <the Minister>, when they found some water in the desert, <said> . . . “Why can’t I be baptized?” Listening. Initially they listened and then they said a word. But if you go to a house, knock on the door , and they open the door and you say: “I come to proclaim the Gospel to you, Christ’s salvation,” they will throw you out  and ruin the work of the Holy Spirit. Listen. Then, while you listen, pray: “Lord, give me the right word.” This does so much good in visits to families: to let the right word fall. But after the outburst, after they have explained themselves well. And then go ahead, in community, bring people close, so that they feel well . . . The mission done this way. One of the most beautiful images that Jesus uses for the mission is that of the sower: to sow. The seed of the Word is scattered … And in a passage the Gospel states: “Then the sower goes to sleep and doesn’t know what’s happening, but it is the Lord who makes it grow.” Always work with the Lord, always. Please, don’t be proselytizers, but evangelizers. It’s awful to go to a family to add one more member to this ecclesiastical list: it’s not <about> this. Proselytism doesn’t work. Pope Benedict said a phrase that we must not forget: “The Church does not grow by proselytism but by attraction,” namely, by witness, by service. Be servants of all and thus things are good.
Then, there are the moments of crisis – the parish priest spoke of his, which he had. But I would like to ask you – I won’t do so! –: let him who has not had a crisis raise his hand. All had had one. All. And the Lord has always put someone by our side who has helped us. And when you are in crisis, let yourself be helped. Ask for help. Don’t shut yourself in; ask for help. Ask for the alms of grace, and the latter always comes through a brother, a sister, always, because the Gospel is like this. Angels do not preach: Angels praise God and guard us, but who should preach? We should. All of us, and this is the way.
I thank you for what you do. You are courageous. And also these jewels that are here, your children, are a promise for the future of the Church. Make them grow up to be good Christians. and I like the way you sing. Before giving you a blessing, you can sing a song to Our Lady . . . When I came in, you were singing one . . . If you know another . . .
[Song]
Thank you. Now I’ll give you the blessing.
[Blessing]
Please, pray for me: don’t forget!

Thursday, October 26, 2017

Our Justice System

One would think that as we advanced into the 21st century, there would be an increase of knowledge as well as common sense.  But the opposite seems to take place.  Common sense is sorely lacking in the modern world.  Public Law 33-187 is an unjust law in that it violates the due process of the accused.  Statutes of limitations exist so that the truth can be determined and justice can prevail.  There is no justice when persons can even come out and bring lawsuits against the dead.  There is no justice when the law opens a door for scammers to defraud the Church for millions of dollars.  Archbishop Apuron never had immunity.  Only diplomats and politicians in Congress have immunity.  The lawsuits could have been brought against Archbishop Apuron in 2011 or at any time, but they chose to come out at a time when there was a controversy over the removal of two priests.  

Below is an interesting article written by Father Gordon MacRae, showing the lack of common sense in our judicial system.  You can find the article here. 
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Plea Deals or a Life Sentence in the Live Free or Die State

Image result for Justice system
New Hampshire Judge Arthur Brennan sentenced this falsely accused Catholic priest to more than 30 times the plea deal he would have taken had he in fact been guilty.
In January, 2016, I wrote a post for These Stone Walls entitled, “American Crime Story: The People vs O.J. Simpson.” You can go read it if you want some deeper background, but to make a long story shorter, O.J. Simpson’s trial and mine were parallel dramas back in 1994.
O.J.’s trial extended a full year beyond mine and presented what Los Angeles County District Attorney Gil Garcetti described as “a mountain of evidence” against O.J. Simpson charged with the murders of Nicole Brown and Ronald Goldman. After eleven full days of jury deliberation, Simpson was acquitted.
In contrast, my trial lasted one week and presented no evidence at all. It did not help that my bishop, and diocese, already deep into the settlement process, published a pre-trial press release that declared me guilty before I even set foot in any court. There was little left for a jury to do. I was convicted of all charges on September 23, 1994, after a jury deliberated for all of ninety minutes in a case brought twelve years after the fictitious crimes supposedly took place.
But what most TSW readers found surprising about parallels between these two trials was something that happened much later. Three years after the O.J. Simpson trial concluded, his chief prosecutor, former L.A. Assistant District Attorney Marcia Clark, tried to come to my defense. In late 1998, Ms. Clark wanted to profile my trial for an investigative report on wrongful convictions sponsored by FOX News. The production company, Mark Phillips Films & Television, wanted to interview me on camera at the New Hampshire State Prison.
The interviews were to culminate in a polygraph examination administered by a polygraph expert on national television. Having taken and conclusively passed two polygraph tests before my trial, I agreed to the proposal without hesitation. In 1998 Fox News proceeded to seek the necessary permissions for the interviews to take place. I requested that my accuser at trial also be asked to submit to the polygraph, but neither he nor his contingency lawyer would respond.
In the end, prison officials refused to allow these interviews. An attempt by FOX News to seek intervention from higher up the political ladder met with this reply from then Governor (now U.S. Senator D-NH) Jeanne Shaheen:
“I understand your company’s interest in an on-camera interview with Gordon MacRae, an inmate in the New Hampshire State Prison, but I will not interfere with the decision not to allow media access to Mr. MacRae.”
That was 1998. So why is this all coming up again now? Several years after his acquittal in the murder case, O.J. Simpson was charged and convicted in an unrelated case of armed robbery. After serving a prison sentence, O.J. was quietly granted parole in September 2017, and is now free.
But our stories seem destined to remain parallel dramas. On the same day that O.J. was paroled from prison, I had to do something that most readers of These Stone Walls will find to be perplexing, and maybe even appalling. It’s a complex matter that requires explanation before it will make any sense at all. I received notice from the New Hampshire Parole Board that I was scheduled for a parole hearing on September 21, 2017 – twenty-three years into my imprisonment – and I refused it.
THE EXTORTION OF PLEA DEAL JUSTICE


Here is what happened and why: As most readers know from our “ABOUT” page, I was sent to prison on September 23, 1994, after a trial with no evidence at all beyond the testimony of one man, Thomas Grover, with a long criminal record. Both his criminal record and the fact that he stood to gain $200,000 in settlement from the Diocese of Manchester were kept from the jury by Judge Arthur Brennan.
Having no evidence to review beyond the accusations themselves, the jury arrived at its verdict in ninety minutes after Judge Brennan instructed them that state law (NH RSA 632-A:6) requires no evidence or corroboration for a conviction in a case of rape or sexual abuse. The accusation is evidence enough to convict in a case that rests entirely on credibility. He also instructed the jury to “disregard inconsistencies in Mr. Grover’s testimony.” As Dorothy Rabinowitz later wrote in The Wall Street Journal, “they had much to disregard.”
It was also kept from the jury that on three occasions – twice before my trial and once during trial just after Grover’s testimony – I was presented with plea bargain offers by the two prosecutors in the case. Right up to the moment the jury began deliberation, I could have stopped the trial and entered a plea of guilty in exchange for one year in prison. A good deal if I were guilty, but if innocent, not so much.
I refused these plea bargain offers three times in succession. Each time it felt as though the weight of false witness was crushing me. In ‘The Trials of Father MacRae,” Dorothy Rabinowitz laid out pointedly the nature of this case and the perversion of justice I would have been admitting to had I accepted the plea bargain offers.
Thomas Grover testified that he came to me five times for counseling for his drug addiction in the months preceding his 16th birthday in 1983. He described being verbally assaulted, made to cry, and then forcibly raped in my highly visible rectory office during each of these sessions. He testified that each week he “repressed” the memory of these vicious assaults so that he returned from week to week not remembering that he was raped the week before.
Grover spoke vaguely of having out-of-body experiences that suppressed his memory of the assaults. Ryan MacDonald covered the scene of these fictitious crimes with photos in an article that had most readers shaking their heads in disbelief entitled, “Justice and a Priest’s Right of Defense in the Diocese of Manchester.”
Most Americans simply do not understand the injustice of this aspect of American justice. Over 90 percent of criminal cases end with plea bargains instead of trials. A guilty defendant would leap upon a plea deal like the ones presented to me, but an innocent defendant falsely accused of rape or sexual abuse just cannot fathom standing before a judge and saying that word – “guilty” – even if just one year later it will let him off the hook entirely.
Most people just don’t get it that plea bargains can result in the truly guilty spending far less time in prison than the truly innocent for the same charge.
WHY I HAD TO REFUSE PAROLE

Faced with these deals then, as now, the image that kept playing in my mind was that of Violet Amirault of Massachusetts. She and her adult son and daughter were the now notorious defendants in the infamous Fells Acres Day Care case. In what was later exposed as a classic Massachusetts witch hunt by Dorothy Rabinowitz and The Wall Street Journal, Violet, Gerald, and Cheryl Amirault were tried and convicted in a media-fueled early 1980s climate of hysteria over child sexual abuse.
This case was at the core of Dorothy Rabinowitz’s courageous, compelling, but truly haunting book, No Crueler Tyrannies: Accusation, False Witness, and Other Terrors of Our Time. I will never be able to forget that one shattering news footage scene of the elderly Violet Amirault, distraught and overcome as she was led to prison in chains. When asked by a reporter if the charges were true she sobbed loudly, “I NEVER did this’ I NEVER did this’ I NEVER, NEVER, NEVER did this!”
I believed her. I believe that every thinking, feeling, rational human being in Massachusetts who witnessed that scene believed her. Violet died of cancer in prison, eaten away from the inside because the Salem Witch Trials had found their ugly way back into a New England court of law. In response to the growing public realization that the Amirault trials were a travesty, politician-prosecutors like Martha Coakley and Scott Harshbarger doubled down on their efforts to silence the Amiraults and keep them in prison.
I thought of Violet Amirault and that scene – in fact, I thought of little else – when I refused the one-year plea deal during trial in 1994. I thought of her again 23 years later when I refused a parole hearing that required an inference that I did what I never, never, never did.
The parole hearing offered to me was meaningless, and simple math will explain why. After reprimanding me for refusing plea bargains and insisting upon a trial in 1994, Superior Court Judge Arthur Brennan imposed the maximum possible sentence and declared he would have imposed more if the law permitted it. He ridiculed the one priest who spoke out, stating his informed belief that the charges were false. “He tried to deceive this court,” Judge Brennan said.
Then the judge imposed one prison term of three-and-one-half to seven years to be followed by four prison terms of seven-and-one-half to fifteen years, all to be served consecutively. This was an aggregate total of 33 ½ to 67 years in prison.
This means that every seven-and-one-half years I am invited to appear before the New Hampshire Parole Board and present an inference that I am guilty, that I am remorseful, and that I will, when the time comes, enroll myself in a prison-based sexual offender program which requires an open admission of guilt and the cessation of any effort to challenge a conviction or sentence. I could have done this 23 years ago when it would have had me released after just one year. But I am not guilty, and I cannot do this. Not now! Not ever!
As for the prison sex offender treatment requirement, I would not even be eligible for it until two years before the end of my last aggregate sentence in the year 2032. I would be 79 years of age recalling and addressing the lurid details of offenses claimed to have happened when I was 29, but in reality never happened at all. Does any of this make any sense to anyone?
In November 2017, Thomas Grover, the sole accuser at my 1994 trial, will be 50 years old. This man and three of his brothers who also accused me and obtained settlements were victims of nothing more than their own greed. They perpetrated the crime of fraud and the sin of false witness from behind the shield of a Catholic sex abuse moral panic.
PROSECUTORIAL JUDGES
What Judge Arthur Brennan and prosecutors did to me, however, is what advocates for a more sane and just criminal justice system call a “trial penalty.” To entice the guilty into lenient plea deals that bolster conviction records, the justice system threatens astronomical sentences if a defendant balks at the deal.
Judges have some discretion, however, for defendants with no prior felony record. Judges can impose harsh sentences concurrently instead of consecutively. Judge Brennan had that option, but ignored it. Had he opted for a concurrent sentence, I would have left prison without having to admit guilt after fifteen years. If his sentence stands, I will be 108 years old upon completion at a cost to the taxpayers of New Hampshire in excess of $2.4 million.
The entire justice system has grown oblivious to the fact that innocent defendants do exist and often cannot fathom accepting a plea bargain. The guilty readily can, but many prosecutors and judges never even consider that there is such a thing as an innocent defendant falsely accused.
In 2015, The Wall Street Journal published an op-ed column by Lucian E. Dervan entitled, “The Injustice of the Plea Bargain System” (Dec 4, 2015). The author wrote, “It is common for sentences after trial to be far more severe than those offered to induce guilty pleas.” The author called this the “trial penalty,” a grave injustice when inflicted on innocent defendants.
In the WSJ “Letters to the Editor” column (Dec 16, 2015), the op-ed drew some sharp criticism from prosecutors and judges Spenser Lawton, Jr. of Savannah, Georgia identified himself as a “retired career prosecutor.” His published letter defended the practice and effectiveness of plea bargains:
“The whole idea is that the sentence on a plea deal will be less severe than the one risked at trial. That’s called an incentive without which the option would be meaningless. What Mr. Dervan calls the ‘trial penalty’ might better be called the ‘plea benefit’.”
It is distressing that this former prosecutor’s defense of the plea bargain system seems to reveal no awareness that a defendant might actually be innocent. However, the far more disturbing rebuttal was this one from Larry Stirling of San Diego, a retired California Superior Court judge:
“The high conviction rate via plea bargaining results from the fact that the offer is a good deal for the defendants or they wouldn’t take them. They might be criminals, but they aren’t all dumb.”
This former judge evidences a cynical denial that a defendant standing before his court might be innocent. Instead of facing a prosecutor and a judge, defendants before Judge Larry Stirling seem to have been facing two prosecutors.
Former prosecutors are far too highly represented among the ranks of criminal court judges. In fact, a judicial nominee in New Hampshire was denied confirmation two years ago for the stated reason that he once served as a public defender. The judge who denied my last appeal while refusing any hearing on evidence or testimony was a career federal prosecutor.
With all due respect to Judge Larry Stirling, I am not a criminal and I am certainly not ‘dumb.” But the plea bargain presented to me 23 years ago was not a good deal at all. There was just one problem with it, and I owe a debt to the memory of Mrs. Violet Amirault, a martyr for truth, who voiced it for me:
“I NEVER did this! I NEVER did this!
I NEVER, NEVER, NEVER did this!”
Editor’s Note: Arm yourself with the whole truth of this story with these posts by Ryan A. MacDonald.