Bishop as Pawn Page 0,75

was nothing from its inception.

This, while it can be a serious problem depending on circumstances, is still one of the easiest cases to process. Koesler had handled several over the years. One first secures a recent copy of the Catholic’s baptismal record. Recent, because when a Catholic marries, the fact is noted in the baptismal record. Now, the fact that the record is issued without notification of marriage indicates that the Catholic has never contracted a Catholic—i.e., valid—marriage.

Next, one secures a copy of the marriage certificate signed by the officiating party not a priest. Finally, both parties of the first marriage are questioned, and both testify that they were married in civil law and that the marriage was never convalidated. Additionally, there may be a demand that witnesses be called to testify to the truthfulness of the parties.

But … there it is. The simplest of all Catholic marriage cases. After that, it goes steadily uphill.

Many, perhaps most people, assume that Catholic laws on marriage and remarriage affect only Catholics. Not so. Good old Canon 1060’s “Marriage enjoys the favor of the law …” applies, in the eyes of the Church, to everyone. So, for instance, two Protestants marry and divorce. Later, one of them wants to marry a Catholic and, since the previous marriage involved no Catholics, assumes there will be no problem. Then, the surprise: Church law assumes that Protestant, Jewish, Islamic, whatever, marriages are valid. The non-Catholic will bear the burden of proving to the Church’s satisfaction that the previous marriage was invalid—null—from its very inception.

There are countless variations of these processes. But the point is: It’s not simple.

Of the matrimonial court procedures of the Roman Catholic Church, there are those who say it is a “healing” process that helps people learn what went wrong and how they might improve.

Others claim it is the “shark in the pool syndrome.” As in: A motel resident goes to the pool and finds a shark in it. He complains to the manager, who explains that the shark is quite benevolent. The resident insists it has nothing to do with benevolence; there should not be a shark in the pool.

Father Koesler felt that the Church should not necessarily be in the business of granting or withholding annulments. After the misery of a divorce, the Church should be in a welcoming, not a judgmental mode.

He flipped pages until he came to Canon 1141: A ratified and consummated marriage cannot be dissolved by any human power or for any reason other than death.

At last, something that endures until death do we part.

By “ratified” is meant mutual consent, freely given between baptized persons and with no impediment blocking validity, to be followed by sexual intercourse.

The Catholic Church considers all marriages indissoluble to a certain degree. Only the ratified, consummated marriage is absolutely indissoluble.

It seemed this was the sort of marriage had by Brad and Audrey Kleimer. It was this sort of marriage that Father Carleson seemed to have dismissed in witnessing the subsequent marriage of Lou and Audrey Schuyler.

To witness the Schuylers’ marriage, Father Carleson would have to be, in effect, ready to flush 146 laws down the drain.

Father Koesler was left disheartened. Could Brad Kleimer be right? Was Father Carleson willing to brush aside any law he judged inapplicable? Even the law against murder?

CHAPTER

SEVENTEEN

Brad Kleimer’s desk looked as if a flamingo had been shot while flying over it. Pink slips were scattered about profusely. Undoubtedly the result of his having received lots of calls while he was out, plus his secretary’s abandoning any effort to keep them in a neat pile.

It didn’t matter. This put him pretty much in the driver’s seat. He would be busy on the phone, but he would be able to discard the inconsequential calls while taking the others in the order of his choice.

He fingered through the messages, casually dropping many in the wastebasket. He was disappointed that there was no call from any of the national media or networks.

That would come. All he had to do was get reinstated as the designated trial attorney. And the slip he was now fondling just might open that door. That call was from Ned Ferris.

It had to be a green light. The chief had no reason to call him now unless it would be about the Carleson case. If Quirt had failed, the call would’ve been from him.

With some satisfaction, Kleimer dialed the number. “Chief?”

“Brad. Listen, there’s been a reevaluation on the Carleson trial.”

“Oh?” Kleimer tried to mask his smug triumph.