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May 2006 Cover
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Homophobic Outrage
As gay-baiting prosecutor gets judgeship, a revisit to the trial of Father Paul Shanley
By Jim D'Entremont

Paul Shanley, now 75, was convicted in February 2005 on two counts of child rape and two lesser charges, and sentenced to a prison term of 12 to 15 years. (See The Show Trial of Paul Shanley, The Guide, May 2005.)

The ex-priest was convicted on uncorroborated testimony by Paul Busa, 27, a man with a history of behavioral problems and drug abuse. Busa's evidence, like that of three eliminated co-accusers, consisted entirely of "recovered" memories of abuse during catechism classes in mid-80s. The memories appeared right after the Boston Globe ran a spurious exposé suggesting that Shanley might be guilty of shadowy predations.

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Before being assigned to Busa's parish, Shanley had maintained a ministry to Boston's teenaged runaways, addicts, and street hustlers. During that phase of his career, he alarmed conservative Catholics through his pioneering support of the gay community. He had no history of interest in prepubescent children; his seminal accuser in the Globe piece claims involvement with Shanley during his early-to-mid 20s.

Shanley's defense attorney was Frank Mondano, a well-known criminal lawyer with little or no experience in sex cases. One attendee at the Shanley trial compared Mondano's performance to that of "a prizefighter throwing a fight."

Mondano never mounted a defense. He did not put Shanley on the witness stand. He called no character witnesses, though compellingly articulate ones (gay rights advocate Sister Jeannine Gramick, ex-seminarian Paul Shannon, and others) were at hand. He seemingly did no homework on the scientific aspects of the case, letting questionable statements by the prosecution's expert witness go unchallenged, while making perfunctory use of his own expert, Dr. Elizabeth Loftus, the sole witness he called. Above all, Mondano left Shanley's personal history out of the picture.

The elephant in the courtroom throughout the trial was the North American Man-Boy Love Association (NAMBLA). The organization was finally mentioned once, after the jury delivered its verdict, when Rooney read a victim's-impact statement by Paul Busa. In a stream of invective that had received Rooney's imprimatur, Busa misidentified Shanley as founder of the disproportionately notorious group.

The NAMBLA myth, repeatedly cited as fact by the press, contributed sharply to Shanley's downfall. In reality, during a late-70s period of hysteria and persecution, Father Shanley was invited by Boston gay activists to speak at a Community Church forum focused on the issues raised by teenaged male hustlers soliciting johns. (Shanley's actual remarks, obtained by The Guide, are available at here ) Shanley's statements reflect the zeitgeist-- the widespread 70s belief in sexual freedom-- but do not amount to a paean to man-boy love. He did not attend any of the caucuses held after the symposium-- one of which led to the founding of NAMBLA.

Frank Mondano approached the NAMBLA question by pretending it did not exist. The evasion only helped the prosecution's push to put Shanley behind bars.

For about the first seven months of his incarceration, Shanley was held at MCI Concord in a segregated section for prisoners deemed in danger of assault. He was then remanded to a new Special Housing Unit at a prison complex in Bridgewater, Mass., where he remains.

Financially depleted by fees paid to Frank Mondano, Shanley has obtained the assistance of a public defender, Robert Shaw, Jr., in pursuing an appeal. Now 75, the former priest spends his time reading, playing handball, and carrying on a correspondence with scores of supporters.


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