In New Hampshire Courts, Police Corruption Is Judged in Secret

Former Detective James McLaughlin, aka John Doe, has a single incident on a list of police misconduct but only because the public is barred from providing evidence.

January 24, 2024 by Ryan A. MacDonald

Editor’s Note: The following is Ryan A. MacDonald’s continuation of a post that appeared here recently entitled, “Detective James McLaughlin and the Police Misconduct List.”

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Just a day before starting this article, I received a surprising message with a link to a new title posted in Australia by Andrew Urban on the well-known Wrongful Convictions Report blog . The title of the new article is “Sexual Abuse or Justice Abuse?

The well-researched article first appeared in Australia on January 8 this year, but by the end of the day it had found its way around the globe. I read it with concern at first, wondering if Mr. Urban’s article somehow preempts this one which is also well researched. Our two pieces were written with similar conclusions but from very different points of view. I am struck by how incisively Andrew Urban and several reader comments unmasked the questionable police tactics of former Keene, NH Detective James McLaughlin, architect of the case against Father Gordon MacRae.

Since then, I have had a chance to peruse Mr. Urban’s excellent Wrongful Convictions Report with a special interest in his posts about the case against the late Cardinal George Pell. The case of Cardinal Pell and Father MacRae seem remarkably similar in their background origins, their shady police investigations, and in the extent to which money changed hands. Most interestingly, Cardinal Pell and Father MacRae also wrote about each other in their respectively unjust imprisonment. Father MacRae’s latest report on the Pell matter was his recent bombshell, “The Trial of Cardinal Becciu, the Betrayal of Cardinal Pell.”

Preceding all the above by several months, Los Angeles-based documentary researcher, Claire Best also performed a public service with one of her many incisive articles published at Medium.com. This one, published September 1, 2023, is entitled simply, “Who Is James F. McLaughlin — New Hampshire’s Top Child and Internet Sex Crimes Detective?” Here’s an important excerpt:


“When McLaughlin’s name first appeared on a list of police with credibility issues in late 2021, it disappeared within hours. Something’s up, and past and present Attorneys General and District Attorneys know it. What are they hiding that they don’t want to come out, and why? For the majority of the sex crimes James F. McLaughlin investigated, plea deals were reached before trial. Money seems to be involved... He owns companies in Jaffrey (NH) with an agent/attorney who specializes in trusts and municipal laws. His wife owned a real estate company in Keene (NH). How were they funded to invest in real estate?

"Thomas Grover, the accuser of Father Gordon MacRae, admitted to his former stepson — Charles Glenn and a victim of YDC abuse who has demanded federal investigation of Attorneys General for their role — that he was offered money by James F. McLaughlin to accuse the priest who has been denied justice for the past 29 years — framed by the former sex crimes police officer.”


[See also “The New Hampshire YDC Scandal and the Trial of Fr MacRae,” a collaborative effort by Claire Best and Ryan A. MacDonald.]



Police Misconduct under Shield of Law

As indicated in “Detective James McLaughlin and the Police Misconduct List,” former detective James McLaughlin has petitioned the court to remove his name from an official NH Attorney General’s List of police with credibility or misconduct issues. McLaughlin has been allowed to seek his removal from the list under a pseudonym, “John Doe,” in Court filings. Thus any hearing before a New Hampshire judge will be held in secret at a time and place that is also secret. His police personnel file has been sealed. If any New Hampshire citizen had input or pertinent information that could further inform the Court in this process, that information is rendered moot by concessions to “John Doe’s” judicial secrecy.

At least one New Hampshire judge has published his disagreement with this process in a published op-ed, “Judge: Laurie List Police Lawsuits Are Being Improperly Sealed.” The judge, former NH Senior Assistant Attorney General Will Delker, stated:



“One of the fundamental precepts of a democracy is that public officials must be accountable to the citizens. This concept has been codified in the New Hampshire Constitution since 1784. Part I, Article 8 provides: ‘All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and always accountable to them. Government, therefore, should be open, accessible, accountable, and responsive...’” “Cases cannot be fully sealed from the outset.... The party seeking to maintain court records under seal must demonstrate a ‘sufficiently compelling interest’ that outweighs public right of access.”



Whatever that ‘sufficiently compelling interest’ is or was in the case of former Detective McLaughlin, it, too, remains under seal and beyond public view. Having followed his cases and activities for years, I simply cannot fathom what that “compelling” secrecy interest could be. The Court process itself smacks of corruption.

The obvious public hazard here is that the McLaughlin petition to be removed from the Laurie List is thus heard in a vacuum. All that is publicly known is an original, non-descript 1985 incident labeled “Falsification of Records.” In other postings, specifically in articles by Damien Fisher at InDepthNH.org, the Laurie List incident is described as “Falsification of Evidence,” a far more serious infraction for a police officer.

Whether the original matter was “falsification of records” or “falsification of evidence,” or both, McLaughlin’s 1988 and 1994 investigations of Fr. Gordon MacRae involved both. I will clarify evidence for this below.

Damien Fisher appears to be the sole New Hampshire reporter covering the matter of the Laurie List. He reports multiple attempts at obtaining information under Freedom of Information Act requests with limited success. What he has obtained and reported on, however, raises serious questions about the judicial secrecy under which this matter still hides. It seems that as a sworn officer, James F. McLaughlin is culpable of far more malfeasance than his 1985 “Falsification of Records” infraction alludes, but it remains the sole publicly known infraction. There are hints of many others, however, but public accountability is hindered by judicial secrecy.

Attorney Andru Volinsky, who is representing the New Hampshire Center of Public Interest Journalism in its ongoing lawsuit to unseal the complete Laurie List:



“I have no idea whether any of the judges who looked at these cases applied an appropriate standard whether to make this anonymous or sealed or not. It creates a system of secrecy that does not build confidence in the court system.”




Keene, NH Det. James McLaughlin celebrates his 350th arrest as a sex-crimes crusader.

Infractions That Never Made the Laurie List

Listed below, therefore, I have itemized specific New Hampshire Revised Statutes Annotated (NH RSAs) governing police misconduct laws. Each is followed by examples of claimed misconduct raised by citizens or reporters regarding Detective James McLaughlin that had been kept out of any official investigation due to the seal of judicial secrecy. No one has investigated these claims:


RSA 641 : 6 (I) — Falsifying Physical Evidence

A person commits a Class B felony if, believing that an official proceeding as defined in RSA 641:1, II, or investigation is pending or about to be instituted, he alters, destroys, conceals, or removes any thing with a purpose to impair its verity or availability in such proceeding.

RSA 641 : 1 (I a) - Perjury

A person is guilty of a Class B felony if in any official proceeding he makes a false material statement under oath or affirmation, or swears or affirms the truth of a material statement previously made, and he does not believe the statement to be true.

RSA 641 : 2 (I b)— False Swearing

A person is guilty of a misdemeanor if he makes a false statement under oath or affirmation or swears or affirms the truth if (b) the statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths;


EVIDENCE FOR VIOLATIONS: In sworn interrogatories in the 1994 case of NH v. Gordon MacRae, Detective McLaughlin was ordered by the Court to produce to the defense any taped conversations with MacRae or other witnesses in the case. McLaughlin wrote in a police report logged as Case No. 89-0-2440, “I also told [MacRae] the interview would be recorded to safeguard both him and the police from misunderstandings about what was exactly stated.”

McLaughlin then went on in his report to attribute statements to MacRae that were never made. When MacRae’s defense requested a copy of the tape, McLaughlin responded under oath that the recording in question had been recycled for other investigations and is thus no longer available.

Eleven years later, in 2005, McLaughlin sent that very tape recording to a reporter at The Wall Street Journal who then described its contents very differently than McLaughlin first reported them. Neither McLaughlin nor the prosecutor has ever explained this. This “Falsification of Evidence” should have been logged as an additional finding on the Laurie List about McLaughlin, but no one has acknowledged or investigated it.


RSA 641 : 3 (I a) — Unsworn Falsification

A person is guilty of a misdemeanor if he or she makes a written or electronic false statement ... on or pursuant to a form bearing a notification authorized by law.


EVIDENCE FOR VIOLATION: Throughout the “investigation” of MacRae, multiple tape recordings were referenced in police reports, but none were ever turned over for defense review as ordered by the court. McLaughlin’s signed reports attributed to named witnesses allegations about Gordon MacRae that those witnesses insist were never made. However the recordings containing such statements became inexplicably unavailable.



RSA 105 : 19 (I) — Reports of Misconduct by Law Enforcement Officers

For the purposes of this section, “misconduct” means assault, sexual assault, bribery, fraud, theft, tampering with evidence, use of a chokehold, or excessive and illegal use of force.


EVIDENCE FOR VIOLATION: From a Signed Statement of Steven Wollschlager: (October 27, 2008):


“Again during this meeting I mostly just listened to scenarios and statements being spoken to me by the police. The lawsuits and money were of greatest discussion and I was left feeling that if I would go along with the story I could reap the rewards as well.

“McLaughlin had me believing that all I had to do was make up a story and I could receive a large sum of money as others already had. McLaughlin reminded me of the young child and girlfriend I had and referenced that life could be easier for us with a large amount of money.”



RSA 641 : 5 (I a) — Tampering with Witnesses and Informants

A person is guilty of a class B felony if: Believing that an official proceeding, as defined in RSA 641 : 1, II or investigation is pending or about to be instituted, he attempts to induce or otherwise cause a person to a) Testify or inform falsely.


EVIDENCE FOR VIOLATION: From a Signed Statement of Debra Collett (February 20, 2008)


“I am Debra Collette I am making this Statement to James Abbott, Investigator for Gordon MacRae. My involvement leading to speaking with James Abbott was as Clinical Director at Derby's Lodge in NH. I was contacted by Keene Police Detective McLaughlin. I was uncomfortable with repeated stopping and starting the tape recorder when he did not agree with my answers to his questions ...

“His treatment of me included coercion, intimidation veiled and more forward threats as well as being disrespectful. I was overtly threatened. McLaughlin told me he would personally come to my home, drag me out of it bodily if necessary, and force me to appear in court and testify despite my information to him.

“My overall experience in interacting with [him] was one of being bullied with [his] attitude of animosity, anger, and preconception of guilt ... [He] presented as argumentative, manipulative, and threatening via use of police power in an attempt to get me to say what they wanted to hear.”



RSA 641 : 7 (III) — Tampering with Public Records or Information

A person is guilty of a misdemeanor if he purposely and unlawfully destroys, conceals, removes or otherwise impairs the verity or availability of any such thing.


EVIDENCE FOR INFRACTION: Detective McLaughlin’s tape recordings of his interviews with Ms. Debra Collett cited above simply disappeared before MacRae’s 1994 trial and therefore could not be heard by defense counsel, the judge, or the jury.

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Citations from reported articles at InDepthNH.org by Damien Fisher regarding content not reported on the Laurie List

1. Altered Tape Recordings: Source: Damien Fisher, “County Investigates McLaughlin Complaint Filed By Man Convicted Decades Ago” (November 15, 2022):

“In 1988, James McLaughlin received a letter of reprimand from then-Chief Thomas Powers after James McLaughlin was involved in a December 1987 heated verbal confrontation on the phone, and later inside the station. It was during this incident that the audio portion of the tape was destroyed under suspicious circumstances, according to Powers ... . Powers called James McLaughlin’s explanation for the tape erasure ‘unacceptable.’”

2. Other Undocumented Infractions:

a) [From the same source as above]: From a 1988 Letter of Chief Thomas Powers in the file of James F. McLaughlin:

“I reviewed your personnel file and several internal affairs investigations. While you have accumulated a number of praises in your career, a disproportionate number of serious accusations and violations have significantly detracted from your record, including a one-week suspension.”

b) Source: Damien Fisher, “Records Show Keene Police’s Famed Ex-Detective Caught in Lies” (September 19, 2022) :

“McLaughlin was suspended for lying about shooting his gun, and another in which he ‘accidentally’ destroyed an audio recording that could have put him in a bad light.” “The records obtained by InDepthnH.org indicate there are more internal affairs reports dealing with McLaughlin which the city has not so far provided. The city has also not provided an explanation for the omission of the other reports.”

c) Source: Damien Fisher, “Famed Keene Cop Called Out for Federal Entrapment” (January 11, 2022) :

“Once it was discovered that McLaughlin had sent [child sex abuse images] to [Defendant Lee] Allaben, United States District Court Judge Steven McAuliffe censured the police officer in court.”

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Editor’s Note: Thank you for reading and sharing this post. We thank Ryan A. MacDonald for his careful analysis. Part One, which appeared here recently, is: “Detective James McLaughlin and the Police Misconduct List.” You may also be interested in these related posts published at the site, Wrongful Convictions Report on the case of Fr. Mac Rae:

Sexual Abuse or Justice Abuse?

The back alley of justice

And by Claire Best and Ryan A. MacDonald:

The New Hampshire YDC Scandal and the Trial of Father MacRae

And again by Ryan A. MacDonald:

Police Misconduct: A Crusader Cop Destroys a Catholic Priest

The Eucharistic Adoration Chapel established by Saint Maximilian Kolbe was inaugurated at the outbreak of World War II. It was restored as a Chapel of Adoration in September, 2018, the commemoration of the date that the war began. It is now part of the World Center of Prayer for Peace. The live internet feed of the Adoration Chapel at Niepokalanow — sponsored by EWTN — was established just a few weeks before we discovered it and began to include in at Beyond These Stone Walls. Click “Watch on YouTube” in the lower left corner to see how many people around the world are present there with you. The number appears below the symbol for EWTN.

Click or tap here to proceed to the Adoration Chapel.

The following is a translation from the Polish in the image above: “Eighth Star in the Crown of Mary Queen of Peace” “Chapel of Perpetual Adoration of the Blessed Sacrament at Niepokalanow. World Center of Prayer for Peace.” “On September 1, 2018, the World Center of Prayer for Peace in Niepokalanow was opened. It would be difficult to find a more expressive reference to the need for constant prayer for peace than the anniversary of the outbreak of World War II.”

For the Catholic theology behind this image, visit my post, “The Ark of the Covenant and the Mother of God.”

 
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