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  Boys, Now Men, Testify in Priest's Trial

By Conor Berry
Berkshire Eagle
February 3, 2011

http://www.berkshireeagle.com/ci_17283717

Testimony got under way today in the trial of a New York priest accused of raping two altar boys in the Berkshires in the 1980s.

The Rev. Gary Mercure, who was permanently removed from ministry by the Roman Catholic Diocese of Albany in 2008, is accused of sexually assaulting the boys in 1986 and 1989. Mercure can no longer wear a priest's collar or celebrate Mass, but the 62-year-old Troy, N.Y., resident remains a priest.

Both from New York, the boys, now men in their 30s, the took the stand this morning in Berkshire Superior Court, accusing Mercure of raping them multiple times in New York and on single occasions during trips to the Berkshires. The trial will focus only on the alleged Massachusetts crimes, however, a point driven home by defense attorney Michael O. Jennings during his opening remarks to the jury.

"It's not about who [Mercure] may have abused in New York. That's not what this case is about," Jennings said, imploring jurors to consider the facts of the case.

"The law requires you to presume that he's innocent," Jennings said.

Prosecutors, meanwhile, painted a portrait of a full-fledged pedophile who carefully chose his young victims and exploited his role as a spiritual leader to wield influence over the boys.

During questioning by Berkshire First Assistant District Attorney Paul J. Caccaviello, the alleged victims claimed Mercure took them on day trips to the Berkshires for hiking and skiing.

But these seemingly innocent acts of kindness coincided with sexual abuse and intimidation by Mercure and feelings of shame by the alleged victims, according to testimony.

Because The Eagle does not identify sexual assault victims, the alleged victims in this case will hereafter be referred to as Boy A and Boy B.

"He told me not to say anything because it was my fault and nobody would believe me," testified Boy A, who claims he was abused by Mercure during a 1989 ski trip in New Ashford.

Boy A testified that Mercure would tell him to "go blank" and "don't think of anything" as the priest sexually assaulted him.

"He would have me close my eyes and touch me until I couldn't feel his touch," said Boy B, who claims Mercure assaulted him in a hiking trail parking lot straddling the border between Great Barrington and Monterey.

During the time of the alleged abuse, neither boy told his parents. Years later, Boy B approached law enforcement officials in Warren County, N.Y., about what had happened, but was told that the alleged crimes were too old to prosecute. Law enforcement officials in New York contacted authorities in Massachusetts, which launched an investigation that led to Mercure's indictment and prosecution.

The statute of limitations for bringing charges against Mercure in Massachusetts didn't begin ticking until Berkshire authorities became aware of the allegations in 2008.

Testimony in the trial is scheduled to resume Friday at 9 a.m. in Berkshire Superior Court.

To reach Conor Berry: cberry@berkshireeagle.com or (413)496-6249.

 
 

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