BishopAccountability.org
 
  Priest's Prison Date Again Postponed

By Donna Porstner
The Advocate
May 7, 2008

http://www.stamfordadvocate.com/ci_9177889

NEW HAVEN - A federal judge again postponed the date a priest convicted of embezzling $1 million from his Darien church must report to prison.

The Rev. Michael Jude Fay, former pastor of St. John Roman Catholic Church on the Post Road, was scheduled to begin serving his three-year sentence May 19 but was granted a reprieve until July 8.

U.S. District Court Judge Janet Bond Arterton yesterday said that should allow enough time to determine whether the federal Bureau of Prisons will allow Fay to participate in a clinical study for a new cancer drug.

Fay, who has prostate cancer, is being treated at Memorial Sloan-Kettering Cancer Center in New York City.

The extension was timed so the court would have the results of Fay's next scheduled CAT scan and bone scan, which his doctor said would determine whether the experimental drug MDV3100 is working.

Fay's oncologist at Memorial Sloan-Kettering, Dr. Ethan Basch, participated in the court hearing by telephone. The cancer spread to Fay's bones and lymph nodes and earlier tests indicated the drug showed promising results, Basch said.

Fay could continue to participate in the study from jail, provided the Bureau of Prisons gives him the pill he must take daily and he makes his appointments at Memorial Sloan-Kettering every 28 days, Basch said. If he misses a visit, the pharmaceutical company developing the drug may drop Fay from the study, Basch said.

Fay's attorney, Lawrence Hopkins of New Haven, says Fay will die in prison if he is not allowed to complete the trial. The Federal Medical Center in Butner, N.C., where Fay is scheduled to serve his sentence, cannot administer the drug.

Richard Ellis of the Bureau of Prisons said his agency must review the study protocol before allowing Fay to participate.

Arterton asked Ellis to determine whether the bureau would allow Fay to continue receiving the treatment behind bars, acknowledging it would be an exception to allow an inmate to participate in a clinical study.

The judge questioned how long it would take for Fay to finish the study. Basch said it depends on how Fay reacts to the drug.

"It's not clear when the end point is," he said.

The study began in July but Fay began participating in January, Basch said. Since then, Fay has "shown consistent improvement," Basch said.

Yesterday was the second time Fay's surrender date was postponed. He was scheduled to report to prison April 2, but Arterton postponed the date until May 19 to get more information from Fay's doctors and the Bureau of Prisons.

Fay pleaded guilty to interstate transportation of money obtained by fraud last year and was sentenced to 37 months in prison followed by three years of supervised release.

Prosecutors said he stole $1.3 million from his Darien parish from 1999 to 2006, funneling much of it into secret bank accounts.

Records obtained by The Advocate show Fay used a church credit card to purchase designer clothing, Cartier jewelry, limousine rides and Ethan Allen furniture. Many of the purchases were made in New York City, Philadelphia - where his wedding planner boyfriend, Clifford Fantini, lives - and Florida, where the pair owned a condominium.

Leaving the court hearing, Hopkins said he is thankful the judge showed leniency.

"Everyone can see she's trying to do the right thing in a difficult situation and we appreciate that," he said.

Fay, who did not speak during the hearing, declined to comment. Assistant U.S. Attorney Richard Schechter declined to comment.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.