Mass. Assists N.Y. in Priest Abuse Charges

A Roman Catholic priest has been accused of assaulting two boys in the 1980's, the jury is being selected and the trial about to begin, due to the work of authorities in both New York and Massachusetts, as reported by the Berkshire Eagle.

Reverend Gary Mercure, a Catholic priest in both New York's Albany and Warren counties, was investigated, but never charged, with sexual assaulting several young boys. New York's statute of limitations prevented authorities from charging the priest with any crimes.

Massachusetts has a longer statute of limitations.

New York authorities, in assisting Berkshire County investigators, are able to hold Mercure for crimes in Massachusetts.

According to police and prosecutors, two boys alleging that Mercure sexually assaulted them, now both in their 30s, say that the assaults took place in Great Barrington, Monterey and New Ashford from the mid to the late 1980s.

From September 1 through December 31 of 1986 and from February 1 to February 28, 1989, authorities state the assaults occurred.

The victims, both from an area near Glens Falls, New York, allege that they were sexually assaulted on trips Mercure took them to in Berkshire County.

Similar crimes against Mercure took place in Warren County, but due to the statute of limitations - generally five years of commission - could not be prosecuted.

In 2008 the Albany Diocese put Mercure on administrative leave, and later, relieved from all of his religious duties as a priest. 

Mercure denied charges of forcible child rape, indecent assault and battery on a child in front of a Berkshire grand jury in October of 2008.  During the proceedings he was no longer addressed as "Reverend" or "Father", but instead he was only referred to as "Mr. Mercure."

Ken Goldfarb, spokesman for the Albany Diocese, said that by August of 2008 Mercure was suspended from "all ministry" and could no longer celebrate Mass, appear as a priest in public or perform any of the church sacraments.

The case, originally scheduled to be heard in July of 2010 has been postponed two more times - September and November - before settling on starting this month. 

Mercure is facing a possible life sentence if convicted.

Massachusetts State Police detectives were assigned to conduct Mercure's investigation for Berkshire District Attorney David F. Capeless.  

The director of the Albany Chapter of the Survivors Network of those Abused by Priests (SNAP), Mark Lyman, claims that the former priest abused at least one dozen male residents of Albany - all while they were children. 

Goldfarb challenges SNAP's claim and said that the Albany Diocese "has not received that many complaints concerning this priest. That figure, perhaps while widely reported, has come solely from Mr. Lyman and his associates."

Lyman, during a press conference, said, "These are felonies. These are not canonical issues to be handled by church leaders."

Contact a personal injury attorney from our directory if you, or someone you hold dear, has been the victim of clergy abuse.  There is help available!