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	Lawyer: Priest Will Die If Sent to Prison Next Week By Donna Porstner The Advocate March 28, 2008 http://www.stamfordadvocate.com/ci_8725680 The former church pastor sentenced to three years in prison for embezzling $1 million from his Darien parish will die there if he's not allowed to complete a clinical trial for a new cancer drug, his attorney said this week. The Rev. Michael Jude Fay has prostate cancer, and chemotherapy treatments worsened his condition, his attorney, Lawrence Hopkins of New Haven, wrote in court papers filed Wednesday. "His present experimental treatment is the only one available which shows any promise of prolonging his life," Hopkins wrote. It is Fay's second attempt in two weeks to delay serving his 37-month prison sentence to allow him to complete a clinical trial for an experimental cancer drug, MDV 3100, at Memorial Sloan-Kettering Cancer Center in New York City. Fay is scheduled to report to prison Wednesday. Fay's hope "is that his cancer can be effectively treated to the extent that he could survive 37 months of incarceration," Hopkins wrote. "Denial of this present treatment will virtually insure that he cannot." Fay is in the first phase of the study, Hopkins said. He did not say how many phases the study has or how long it will take to complete. Federal prosecutors have said the victims of Fay's crime - the parishioners of St. John Roman Catholic Church in Darien - have waited long enough for justice. They said Fay stole $1.3 million from the parish from 1999 to 2006, when he resigned amid a scandal that included allegations of a love affair with another man. A spokesman for Bishop William Lori of the Bridgeport Diocese said the bishop had been investigating Fay's "personal suitability" for the priesthood for some time when Fay was forced to resign in May 2006. Prosecutors and the federal judge who handled his sentencing in December have said Fay provided no proof that his cancer treatment cannot be administered by the federal Bureau of Prisons. The clinical trial that is Fay's last hope is available only through Sloan-Kettering and cannot be administered through the Bureau of Prisons, Hopkins said in the motion. He also submitted to the court a letter from one of Fay's doctors at Sloan-Kettering saying Fay is having a "mixed response" to the experimental drug. Dr. Ethan Basch said he recommended Fay continue the trial as long as he shows "overall evidence of benefit." The letter does not say how long Fay is expected to live. Hopkins did not return a phone call yesterday. In December, U.S. District Court Judge Janet Bond Arterton sentenced Fay to 37 months in jail, followed by three years of supervised release, and ordered him to repay the parish $1 million restitution. At his sentencing, Fay blamed his crime, in part, on his failing health and asked for the court's forgiveness "for not realizing the effects of my medical drugs." The pastor of St. John parish, the Rev. Frank McGrath, could not be reached yesterday. But in a statement submitted to the court last fall, McGrath said contributions to the parish have declined by about 10 percent and many parishioners have left the church since the scandal. Many parishioners are upset that Fay continues to live in the Florida condominium he purchased with another man, despite turning over his share of ownership to St. John, McGrath said at the time. The man, Philadelphia wedding planner Clifford Fantini, owns the other half of the condo. Parishioners also are upset that Fay never apologized, McGrath told the court. "The view has been expressed that while Fr. Fay will never be able to make complete restitution to the parish, at least he could have expressed remorse for his actions and sought forgiveness from the people who have been hurt by his actions," McGrath wrote. Joseph McAleer, a spokesman for the bishop, said yesterday the diocese is not taking a stance on whether Fay's surrender date should be delayed. "It's a matter for the government and we trust the judge will make the right decision," McAleer said.
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