BishopAccountability.org
 
  Update: Gary Mercure Found Guilty on All Four Counts

Fox 23
February 10, 2011

http://www.fox23news.com/mostpopular/story/Gary-Mercure-found-guilty-on-all-four-counts/_na6JmPBjECiS02AUcQNpw.cspx

A Berkshire County jury returns four guilty verdicts against a former priest accused of taking altar boys across state lines and sexually abusing them.

It took less than three hours for the jury in the Gary Mercure trial to hand up its decision after a four day trial that included graphic and disturbing testimony from several men who say Mercure abused them when they were young.

The courtroom was surprisingly quiet, and the defendant showed very little in terms of outward emotion when the jury returned its verdicts.

Court clerk says, “You upon your oath do say the defendant is guilty, so say you madame forelady?”

Jury foreperson: “Yes.”

A phrase that was repeated three more times as the jury returned its verdict against former Catholic priest Gary Mercure on charges that he raped two young altar boys on trips from Queensbury, New York to Berkshire County, Massachusetts in the 1980s.

Mercure showed no emotion as the verdicts were read, but did smile as he was led from the court in handcuffs and past tearful relatives and supporters.

The attorneys for both sides saying they respect the verdicts, but disagree on allowing three other alleged victims of uncharged acts in New York to take the stand.

“I'm not going to question what the jury went into, what they were discussing, what they thought about it,” says Mercure attorney Michael Jennings. “As I said before, I just have to respect the outcome.”

First Assistant Berkshire County District Attorney Paul Caccaviello says, “The concept that we could use other bad acts, and that's essentially what it's called in Massachusetts, is not a novel one. Certainly we expect it to be appealed but we are confident the appellate court will see that it was a proper use of evidence.”

One of those alleged victims told FOX23 News by phone after the verdict, “I did it because he didn't want Mr. Mercure to victimize anyone else. I'm glad they, the jury, saw through the smoke and mirrors and he won't be able to hurt someone else.”

A spokesman for the Albany Catholic Diocese, which removed Mercure from ministry in 2008 after investigating the allegations, released this statement, in part, "Gary Mercure's attacks on children were sinful, criminal and reprehensible. Our hearts today are with the children who were abused, all now adults. We admire the strength and courage they demonstrated by coming forward."

After the verdict, the victims, Mercure's supporters and most of the jury had no comment.

One alternate juror did tell FOX23 News that she had all she could do to hold in her own emotions with the reading of the verdicts and is still trying to comprehend what happened in this case.

Mercure will be sentenced next Wednesday.

Each of the four counts carries the potential of life in prison.

----------------------------------------------------------------

The Albany Roman Catholic Diocese has released this statement following the guilty verdict.

"Gary Mercure’s attacks on children were sinful, criminal and reprehensible. Our hearts today are with the children who were abused, all now adults. We admire the strength and courage they demonstrated by coming forward. As devastating as their experiences must have been, they have shown by example that they are survivors — strong, resilient and powerful.

Three years ago, in 2008, the Albany Diocese received a written complaint that Mercure sexually abused minors. Upon receipt of that complaint, the Diocese promptly advised law enforcement authorities, as is its policy, and as Warren County District Attorney Kate Hogan testified during the Mercure trial. When civil authorities had completed their investigation, the Diocese began its own investigation. The Diocese concluded that there were reasonable grounds to believe the allegations were true, and permanently banned Mercure from ministry. He is barred from functioning as or presenting himself as a priest.

We are especially mindful of the words of Pope Benedict XVI, writing to victims of clergy sexual abuse last March, when he said: “You have suffered grievously and I am truly sorry. I know that nothing can undo the wrong you have endured. Your trust has been betrayed and your dignity has been violated."

Prompt reporting of sexual abuse is essential to preventing it. We hope the public and news media attention on the Mercure trial will lead other individuals who were sexually abused at any time to report the abuse immediately and seek assistance.

We as a Diocese also recognize our solemn and continuing moral responsibility to ensure that children are safe in every Catholic place and to provide compassionate, meaningful assistance to any individual who was abused by a priest or deacon. The Albany Diocese will continue to meet this responsibility.

We again encourage any person who as a minor was sexually abused by an Albany Diocese priest or deacon to report the abuse as soon as possible to a law enforcement agency or to the Albany Diocese. For information or for help, please contact the Diocese’s assistance coordinator, Theresa F. Rodrigues, at (518) 453-6646 or by e-mail at assistance.coordinator@rcda.org

 
 

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