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	Fay's Attorney Recommends Priest Stays out of Jail By Susan Shultz Darien Times November 29, 2007 http://www.acorn-online.com/news/publish/darien/25852.shtml In response to the U.S. Attorney's recommended sentence of four to five years of jail time, the Rev. Michael Jude Fay's attorney has responded with a recommendation of no jail time. The judge presiding over the case is still accepting written information from victims and other interested parties before the sentencing. Fay's lawyer, Lawrence Hopkins, filed the sentencing memorandum on Wednesday, Nov. 28. The memo outlines Fay's service to the dying, including excerpts of letters written in his defense by former parishioners. The memo also describes the dire condition of Fay's health and the conclusion states that "any significant sentence of incarceration will likely result in the defendants dying alone in prison. This would be an unduly harsh result in light of Michael Fay's lifelong commitment to comfort the dying." Additionally, the memorandum includes exhibits from Fay's doctor describing his health condition and possible treatments. Hopkins also notes the crime is non-violent. Fay is due to be sentenced on Tuesday at 3:30 p.m. in New Haven. He pleaded guilty in federal court in September to interstate transportation of money obtained by fraud. He resigned last year as pastor of St. John Roman Catholic Parish. Prosecutors said Fay took between $1 million and $2.5 million over seven years, but the priest has disputed that. He admitted to taking between $400,000 and $1 million. Fay was released on a $50,000 bond and required to surrender his passport immediately. His travel, the judge said, is restricted to Connecticut and Florida. He was told he cannot go to New York, New Jersey or Pennsylvania without giving notice to his probation officer. He will also be required to report to probation officers in Connecticut and Florida. With the guilty plea, Fay waived his right to appeal — unless he is sentenced to more than 57 months. Those interested in providing the judge any information to consider before sentencing Fay can write to Judge Janet Bond Arterton, United States District Judge, United States Courthouse, 141 Church Street, New Haven, CT 06510. E-mail Darien Times reporter Susan Shultz at sshultz@darientimes.com
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