Accuser's Refusal to Take Stand Clears Walpole Priest

By Veronica Hamlett and Keith Ferguson
Wicked Local Walpole
August 14, 2012

http://www.wickedlocal.com/walpole/news/x1568954195/Accusers-refusal-to-take-stand-clears-Walpole-priest#axzz23WONRmrp

WALPOLE — Prosecutors won't say why the accuser in the case against suspended Blessed Sacrament priest Emile "Mike" Boutin wouldn't testify after preparing for trial for more than two years.

Had it not been for the accuser's refusal to testify, Boutin would have been on trial for indecent assault and battery last week after more than two years of delays.

The Norfolk County District Attorney's office dropped all charges against Boutin last Tuesday shortly after learning the accuser wouldn't take the stand.

"It was a case that rested very heavily on the alleged victim's testimony," said David Traub, spokesman for the Norfolk District Attorney's office.

Boutin was charged with indecent assault and battery after a man, 21 at the time, accused him of inappropriately grabbing him when he was trying to urinate in the woods behind a Rte. 138 parking lot on the Milton/Canton border in June 2010.

Traub said the District Attorney's office had no indication until recently that the accuser wouldn't testify and that it's not unusual for prosecutors to drop charges if the accuser refuses to testify.

Traub didn't believe there were any reasons stipulated or offered as to why the accuser decided not to take the stand.

Asked if he believed his office had a solid case against Boutin if the accuser spoke before the jury, Traub said: "In cases like this, it tends to come down to one person's word against another."

Boutin declined to comment for this article, but he maintained his innocence in a letter to the editor in last week's Times, writing that he was at Blessed Sacrament the morning of the alleged incident and that he believes the accuser made up the charges.

"Clearly and finally, they had to acknowledge that this entire story was fabricated from the very beginning. No evidence, no proof, no witnesses, repeated contradictions on the accuser's part, and a timeline that made no sense since I could not have been in two places at the same exact time," Boutin wrote.

Police had reported at the time that the accuser was able to write down the license plate number of his alleged harasser. State police then reportedly traced the car back to Walpole where local officers allegedly found the vehicle in question in the driveway of the Blessed Sacrament rectory and Boutin standing outside of it sweating heavily. The accuser then reportedly identified Boutin after looking at a police provided photo.

Boutin's attorney George McMahon did not return phone calls seeking comment.

In preparation for a trial, McMahon previously told the Times he was looking into whether or not the accuser had made similar allegations in the past.

Boutin is now petitioning the Boston Archdiocese to be reinstated as a priest in good standing. The Archdiocese banned Boutin from public ministry shortly after his arrest and release on $500 bail.

Boston Archdiocese spokesman Terry Donilon said in an email statement in response to a phone call: "We are grateful the legal process has been resolved. The Church has respected these proceedings throughout the course of the case out of respect for Fr. Boutin's rights. At this time we will initiate the process by which we will make a determination regarding his status and future ministry in the Archdiocese. We continue to ask for the prayers of all impacted by these events, including the parishioners of Blessed Sacrament."

Donilon would not comment on how long the process would take or any possible outcomes, such as assigning Boutin to a new church if reinstated.

Fr. Tim Kelleher of Blessed Sacrament said in an email statement in response to a phone call: "I am delighted that the court case is over and that all charges have been dropped. I have always believed in Fr. Mike's innocence. It is my prayer that the Archdiocese will return him to public ministry in the near future."