The Other Trial
With plea bargaining attempts having failed, Gilbert Gauthe's criminal
trial is set to start Monday
By Jason Berry
The Times of Acadiana
October 10, 1985
Note from BishopAccountability.org: See also Berry's
groundbreaking Tragedy of Gilbert
Gauthe and the related article Anatomy
of a Cover-Up. "The Other Trial" was scanned by BishopAccountability.org
from a xerox of The Times
of Acadiana newspaper, and was proofread against the original. Textual
notes are set in { }.
The classical image of justice is a blindfolded woman holding empty scales
in either hand—one signifying guilt, the other innocence. And like
the chorus of a Greek tragedy, 12 jurors, chosen from the roll of registered
voters, must weigh the evidence in rendering their verdict.
When Gilbert Gauthe Jr., 40, enters Judge Hugh Brunson's courtroom in
Lafayette, October 14 an immesaurably {sic} sad legal ritual begins. The
prosecution of a priest, who has admitted to sexually molesting children,
tolls an ominous knell: Will jurors from an historically Catholic region
send him to prison, or will they accept his attorney's defense that addictive
pedophilia is a manifestation of insanity, for which he bears no criminal
guilt?
Gauthe's trial is believed to be the first of an American priest for
such crimes; since January clerics in Idaho, Wisconsin and Rhode Island
have pleaded guilty or no contest to similar crimes, thus alleviating
full jury trials. Priests in the first two states received seven and 10
years, respectively, while the Rhode Island priest received three years.
Two other priests in that state have pleaded innocent to charges of sexual
misconduct with youths in separate cases.
The Legal Travails of Gilbert Gauthe
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Gilbert Gauthe. Photo courtesy of KLFY-TV,
Lafayette. |
Indicted: October, 1984
Charges: 11 counts of aggravated crimes against nature,
11 counts of committing sexually immoral acts with minors, one count of
aggravated rape, 11 counts of contributing to the delinquency of juveniles
by taking pornographic pictures.
Trial Date: Oct. 14, 1985
Presiding Judge: Hugh Brunson
Prosecuting Attorney: Nathan Stansbury
Defense Attorney: F. Ray Mouton
Civil Cases: 11 civil suits brought by victims' families
have netted settlements totalling $4.9 million. Ten suits involving Gauthe
have yet to be resolved.
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Stansbury |
Mouton |
A Tarnished Image
Who in Acadiana really wanted this trial? To the Church, it draws sharp
attention to the scandal of a diocese where Gauthe and three other priests
have been removed from duties for sexually molesting youngsters. To civic
leaders in a region in the grip of economic recession, the trial is not
good public relations. Nor will it restore faith in the men at the chancery's
helm for those critical of their actions in the case.
The Times has learned that recent plea bargain attempts, aimed
at averting a trial, have failed. In an interview last spring, defense
attorney F. Ray Mouton said Gauthe feared a prison term "because
child molesters historically occupy the lowest rung in criminal society:
it is the one unpardonable crime. He fears for his life, and I fear he
may commit suicide if he goes to (the state penitentiary at) Angola."
Mouton's concerns evoked no sympathy from District Attorney Nathan Stansbury.
In an August 1983 meeting with parents of 11 Vermilion Parish children
molested by the priest, Stansbury told them that to secure an indictment,
the youngsters must be willing to give statements about what the priest
did. Still, no one welcomed the idea of the boys actually having to testify
in court. If Gauthe would plead guilty, no testimony would be necessary.
The youngsters underwent psycho-therapy for over a year in preparation
for the video-taped statements Stansbury used to secure the 34 count criminal
indictment. During that time, Gauthe was in a Church-run treatment facility
near Boston, the House of Affirmation, which does not have specialized
treatment for pedophiles.
Since the indictment a year ago, Gauthe has been in treatment at the
Institute for the {sic} Living, a secular facility in Connecticut.
Under state law, the felony charges cannot be reduced to a suspended
sentence. To plead guilty and avoid trial, Gauthe would have to serve
time; Mouton, having entered an insanity plea, balked at sending his client
to prison. The most serious charge, aggravated rape of a child under 12,
carries a sentence of life at hard labor.
Had Mouton and Stansbury reached an agreement for reduced charges, Gauthe
might have served less time than life. The crime against nature counts
carry 11 years each. A plea bargain of three counts would bring 33 years,
meaning Gauthe would be 73 when released. Life expectancy of American
males is 72—meaning Gauthe would serve the majority, if not all
of his life behind bars. On the other hand, if Gauthe showed himself to
be a model prisoner, he would become eligible for parole at some point.
A hearing on whether to release him would bring back harsh reminders to
his victims, some of whom by then would be young men.
Mouton had another plan. An attorney representing several victimized
families told The Times that for the alternative to work, his
clients were faced with an unsatisfactory option: They could drop charges
against the priest, and alleviate the stress of their sons having to testify.
Gauthe, in turn, would serve the rest of his life in a psychiatric facility
with the Church footing the bill, or at a Church-run facility.
"It was their decision," the lawyer says, "and I didn't
think it proper for me to try and influence them either way." In
any event, the plan was rejected. Church officials, having long since
exhausted their stock of influence, played no role in negotiations over
the fate of the aberrant priest.
For his part, Stansbury says the Church never attempted to influence
him to drop the case. Nor, says the prosecutor, has there been "any
heat from people asking me to avoid going to trial. If anything, sentiments
have run in the opposite direction."
Protecting the Victims
Stansbury and Judge Hugh Brunson have voiced concerns over the impact
on the families and children who must testify. While no Louisiana law
prohibits news media from identifying victims of sex abuse, a tacit rule
of thumb prohibiting such a practice has developed in recent years, analagous
{sic} to rape cases in which women are not identified in news reports.
In jurisdictions elsewhere in America, journalists have reported testimony,
but not the names, of child abuse victims.
"I'm not worried about our local media," Brunson said in a
telephone interview last week, adding that he expected other reporters
to respect the "the {sic} justifiable need for privacy." The
judge said he did not plan to restrict journalists from covering testimony
by the youngsters.
Even before the Gauthe case neared, the judges of the 15th District issued
a rule barring cameras from the courthouse, and sketchpad artists from
the courtroom. While ostensibly not aimed directly at coverage of the
Gauthe case, television reporters in Lafayette consider the upcoming trial
the primary reason for the edict. Last Friday, a request by KLFY Channel
10 to allow sketch artists in the proceedings, with the understanding
that no images of children or parents would be rendered, was denied.
Stansbury has voiced a more complicated concern: that spectators at the
trial may recognize families, not previously known to be involved, and
leak their identities in conversations outside of proceedings. "I
might want to issue passes for certain days of testimony," he explains.
"On the other hand, we may not get large crowds. They were running
thin during the first few days of the Edwards trial."
The crucial question of this trial is: Was Gilbert Gauthe legally insane
during the years he molested altar boys and other youngsters at St. John's
parish in Henry?
Pedophilia and Insanity: The Experts Battle
Since John Hinckley was found insane in his trial for shooting President
Reagan, an intense debate has arisen in legal circles relative to the
insanity defense. How much must the prosecution do in order to prove criminal
intent, as opposed to insane behavior, in a given felony? In federal courts,
the burden has traditionally been the government's in proving that a defendant
was sane when he committed a crime. Since the controversial Hinckley verdict,
federal statutes have been amended, granting prosecutors more leeway,
shifting the burden to prove insanity more upon the defense.
In state proceedings, the burden of proof is much more on the defense
counsel to prove that a man who committed crimes was insane. Under Louisiana
law, the insanity defense is governed by the M'Naughten Rule, under which
the test for legal responsibility is restricted to the sole question of
whether the defendant, at the time the offense was committed could discern
the difference between right and wrong. This is especially pertinent in
Gauthe's case because after more than a year of expensive therapy in Connecticut,
his present state of mind is not what matters. How he thought, the way
he functioned during his active priesthood, are at issue.
In this respect, the key witnesses may not be the victimized children,
whose testimony, however powerful, will confirm what Gauthe himself has
already admitted in civil depositions. Rather, the opinions of expert
witnesses—psychologists—will lay down the insanity issue before
jurors. Here, too, divergences between federal and state procedure are
important.
In federal court, expert witnesses cannot give their opinion as to the
final issue of insanity; they present facts and offer analyses, but jurors
interpret those statements amongst themselves. An expert witness at a
federal trial can't say, "This man was insane when he committed the
crime." In state proceedings it's just the opposite.
Mouton is expected to call Dr. Fred Berlin of the Sexual Disorders Clinic
at Johns Hopkins to discuss mental ramifications of pedophilia as they
relate to Gauthe. Several months ago, Stansbury hired Dr. Edward Shwery
of New Orleans, an expert on child sexual abuse, to interview Gauthe in
Connecticut, and Shwery's testimony should be important to the prosecution;
he has screened some of Gauthe's victims. More so than Berlin he is witness
to the tragedy from both sides: perpetrator and victim.
One case Stansbury prosecuted bearing resemblance to this one, in strictly
legal terms, was that of Joe Breland, who violently murdered his wife.
In 1979, defense attorney Tommy Guilbeau argued that Breland's multiple
sclerosis contributed to a psychotic break. The jury found him not guilty
by reason of insanity. "There've been three hearings since the verdict,"
Stansbury explains, "for Breland's release. He has doctors saying
he's no longer a danger. It flies in the face of an insanity ruling."
Judge Brunson, who heard the trial, refused motions filed by Breland's
new defense attorney, which are on appeal. Breland remains in the state
mental facility at Jackson.
National Repurcussions {sic}
Mouton, known for aggressive courtroom tactics, enters the trial in a
virtual no-lose situation. At best, winning Gauthe's acquittal is a long
shot. Gauthe's crimes offend society all the more because of the sacred
trust he held as a priest. But should Mouton succeed, Bishop Frey's claim
that Gauthe fooled him with "a Dr. Jekyll and Mr. Hyde" personality
will make a little more sense than the reality of the hierarchy's pattern
of letting him remain a priest, even after the priest received counseling
in 1973 and 1976 for sexual involvement with boys in Broussard and Abbeville.
The broader impact of a successful defense would reach far beyond Louisiana.
Only in the last few years have criminal courts taken a harder look at
sexual offenses against children—because children are now testifying.
In the past, courts often sent pedophiles to mental institutions or committed
them to out-patient treatment, if they were tried at all. Clearly, that
is changing now. Last week in Miami paroled child-abuser Frank Fuster
Escalona, 36, was convicted of sexual assaults against children in his
care at a baby-sitting service he ran. He got six consecutive life terms
plus 110 years in prison.
The tougher, law-and-order approach was forecast in a 1972 article in Journal of Juvenile Law called " 'Sexual Psychopathy' and
Child Molesters: The Experiment Fails." Author Irving Prager, a law
professor who as a California prosecutor won the conviction of a sadistic
pedophile named Theodore Frank, argued that the new approach grew from
"the realization that there is no substantial evidence that child
molesters commit their crimes due to mental disease, that the mental conditions
of pedophiles can be cured, or that mental health professionals can accurately
predict that sex offenders will not reoffend in the future."
Prager's article is dated by new research in sexual disorders, particularly
the biological aberrations studied by Berlin and his colleagues at Johns
Hopkins Hospital, and their use of the drug Depo-Provera, which is said
to alter the sexual cravings of pedophiles. Nevertheless, the gist of
Prager's thesis—that pedophiles should be incarcerated—is
now the governing principle among countless prosecutors.
Although the majority of child abuse cases occur incestuously, there
are increasing signs of organized criminal behavior by pedophiles in search
of other people's children. In Washington, the Senate Judiciary Subcommittee
on Juvenile Justice recently held hearings on computer networks which
transmit names of adolescents available for sex. Senate investigator Bruce
Selcraig told The Times, "The phenomenon grew out of 'swingers'—people
advertising themselves for heterosexual encounters. You can go into big
city porn shops and buy listings, small ads with postage stamp photos
of people saying, 'I'm available.' Homosexual networks started using these;
then pedophiles got into the act. Police are now tapping into these systems.
I'm not aware of any huge nation-wide pedophilia rings, but groups are
being discovered monthly."
Pending legislation in Congress would prohibit the exchange, through
a common carrier, of sexually explicit material about children. A law
is also being considered that would allow police to intercept computer-based
telephone communications between suspected sexual offenders, like a wiretap.
Against this unfolding background, the insanity defense confronts deeply
rooted social values. Few people dispute that pedophiles are sick. The
question is, how sick? If Gauthe was legally insane when he left Henry
on July 1, 1983, what is he like now? The argument will partially revolve
around testimony concerning neurological traits of the disease: how the
pedophiliac brain functions, its biochemical divergences, most of which
is rather new legal territory. Ten of 12 jurors must agree on a verdict
either way; a failure of the jurors to reach the same verdict will cause
a mistrial, allowing the state to retry him.
In effect, the fate of Gilbert Gauthe hinges on the way his attorney
navigates a dozen citizens of Acadiana through darkened channels of his
client's mind.
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