Mar 20, 2008
Fay wants to delay prison: Government asks for good reason
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Former St. John Roman Catholic Parish pastor Michael Jude Fay filed a motion Thursday morning to delay the date he reports to federal prison.
But the U.S. District Attorney’s office said it requires evidence before making any decision.
“Fay has repeatedly tried to avoid any prison sentence for his six years of criminal conduct, stealing more than $1 million, not to mention the sacred trust, from the parishioners he was privileged to serve,” the response to Fay’s motion of last week said.
Fay also filed a motion with the U.S. District Court of Connecticut to seal his request to delay his surrender date, which is scheduled for Wednesday, April 2. The reasoning, for that request, according to court papers obtained by The Times, is because the contents contain “confidential information regarding the defendant’s current circumstances which warrants the documents be filed under seal.”
Fay, who is suffering from terminal prostate cancer, was sentenced in December to 37 months in federal prison for stealing parishioners’ money while serving as pastor of St. John’s.
Fay pleaded guilty in September to one count of interstate transportation of money obtained by fraud. He was facing up to 10 years in prison and up to $250,000 in fines.
The response also states that Fay’s reporting date was already delayed once to permit him to undergo medical treatment.
“Since the date of his sentencing, there is no indication that Fay has made an effort to repay his victims or that he is indeed remorseful for his criminal conduct. Rather, his recent interview in the January/February issue of Local Matters, suggests otherwise,” the response continued.
Although Fay appeared contrite and humbled in court, he defended his spending in Local Matters magazine last month, which appeared in town mailboxes, saying only keeping the secret accounts was wrong.
“The dinners, the town cars, the gifts, the condo... none of those things were wrong. I’m not a monk. We don’t take vows of poverty,” he told the magazine.
In the interview, Fay also denied having a homosexual relationship with Clifford Fantini, a Philadelphia wedding planner, with whom he had been previously linked. Fay accused the media of writing “salacious” articles about what he calls an “entirely appropriate” relationship.
The U.S. Attorney’s office quoted parts of the article to illustrate Fay’s “lack of remorse.”
“Given his lack of remorse, and his previous attempt to avoid any meaningful punishment, it is hardly surprising that Fay now seeks to put off his reporting date for another half a year,” the response said.
In order for the U.S. Attorney to consider postponement, the court needs to hear testimony from Fay’s physician indicating the length of the clinical trial, whether or not the treatment can be provided at the jail and why a six month postponement is needed rather than one month.
“Furthermore, the United States respectfully requests that the court direct Fay to provide his medical records, under seal if necessary, to the court, the United States and the probation office,” the response said.
The response concludes by stating that the court has been “particularly mindful of the victims of Fay’s criminal behavior, the St. John’s Parish and its parishioners.”
“Given that Fay’s criminal behavior began in 1999, the victims should not have to wait forever to see Fay serve the prison sentence that this court imposed in December 2007,” the response said.
According to the court document, Fay would be serving his jail time at the Butner Federal Correctional Complex in Butner, N.C.
In May 2006, it was discovered that Fay had been using church money to support his lavish lifestyle, which included trips to Europe, the Caribbean and other parts of the United States. A private investigation — prompted by another church priest and its bookkeeper — also discovered that Fay was in a romantic relationship with Fantini. Fay resigned shortly after the news broke.
An August 2006 independent audit commissioned by the Diocese of Bridgeport, reported that St. John Parish lost at least $1.4 million since 2000. Fay became church pastor in 1991.
The U.S. Attorney’s office declined comment. Fay’s attorney, Lawrence S. Hopkins, was not available by phone.
E-mail Darien Times reporter Susan Shultz at
sshultz@darientimes.com.
© Copyright 2008 by Hersam Acorn Newspapers
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