Justice in the Tribunals of a Banana Republic

A writer from a self-described Third World country has some challenges for justice in both Church and State and the road ahead for a falsely accused priest in prison.

“The justice of New Hampshire found the priest guilty through a process no less infamous than those seen in the tribunals of any banana republic.”

— Carlos Caso-Rosendi in “Behold the Man!”

By Fr. Gordon J. MacRae — November 16, 2022

Carlos Caso-Rosendi, an accomplished author and translator in Buenos Aires, Argentina, published the fine article linked above in Spanish, Portuguese, and English. It is a superb commentary on the state of justice behind the years I have spent in prison. It challenges both Church and State to live up to the reasons for their existence. Here is a compelling excerpt:

“Many of us in the so-called ‘Third World’ look up to the United States of America as a model for what the administration of justice should be. While it is true that the United States has managed better than other countries to balance the interplay of state powers, we also must admit that those virtues have been shadowed by grievous errors such as justification of slavery, segregation, and lately of murder by abortion.

“Today I present the case of an innocent man, Fr. Gordon MacRae, who has spent the last twenty[-nine] years in prison unjustly condemned in circumstances that would cause any Stalinist magistrate of the former Soviet Union to blush. Someone with a well-known criminal record accused Fr. MacRae, an American citizen with full rights. The justice of New Hampshire found the priest guilty through a process no less infamous than those seen in the tribunals of any banana republic.”

— “Behold the Man!”

Mr. Carlos Caso-Rosendi’s use of the term, “Third World” has an interesting origin. In politics and sociology, it’s the accepted designation for an economically depressed or developing nation. The term arose during the Cold War when two opposing blocs — one led by the United States and the other by the Soviet Union — dominated world power. The Third World consisted of nations with less developed economies affiliated with neither bloc.

The term, Third World originated with Marxist psychiatrist and political theorist, Frantz Fanon, but it was perceived as negative and not always accepted by the nations on which the designation was imposed. Even after the collapse of the Soviet Union as a political bloc in the early 1990s, “Third World” remains in use to refer to economically developing nations in Latin America, Africa, and Asia.

From the pillars of power in the United States, the justice systems of Third World countries are often chastised for being woefully unjust, but not a lot of self-reflection went into that perception. Even setting aside how I came to be where I have been for over 29 years, there is a Third World country existing just beneath my feet. It is the U.S. prison system.

I really don’t have another way to describe it. When it rains, the power goes out. When it snows, the power goes out, when it’s windy, the power goes out. The prisoner telephone system would not be the envy of any Third World country. Prisoners exist in an Internet vacuum, trapped behind an iron and concrete curtain of world ignorance. Citizens in the prison labor force earn the equivalent of about $2.00 per day. The people amassed at the U.S. Southern border are fleeing the political oppression and poverty of Third World nations, but none of them come here for our justice system.

I thank Carlos Caso-Rosendi for writing with candor and truth what he sees from beyond the borders of the United States. He is not alone in his assessment. The great theologian, Fr. Richard John Neuhaus, also had a candid description of how I got here. In “A Kafkaesque Tale” he described it as the story of “a Church and a justice system that seem indifferent to justice.”

Voices Heard Round the World

I owe a debt of thanks to Pornchai Moontri for the moving post he sent us from Thailand. In 29 years in prison, I have barely ever shed a tear. I am stubborn. I just wouldn’t give the dark powers that sent me here the satisfaction of my grief. But when reading “Elephants and Men and Tragedy in Thailand” during a phone call with our editor, I had to pause three times to hold back tears so I could proceed. Pornchai’s post was sad, hopeful, deeply moving, and brilliant. Please pray for the people of Uthai Sawan, Thailand. I can only imagine their sorrow. And please pray for all the rest of us that in our divisions we may be given the grace of perspective from stories like the one Pornchai told us.

And I extend my gratitude to Attorney Harvey Silverglate whose Wall Street Journal op-ed, “Justice Delayed for Father MacRae” is also seen around the world. He was joined in October by David F. Pierre, Jr of The Media Report. They published a series of riveting articles in the past month at Beyond These Stone Walls and elsewhere while I just sat back and let them do all the work. I cannot thank them enough. Catholic League President, Dr. Bill Donohue also stood with me in October to publish a press release about these developments. The timing of these guest writers stepping forward was providential.

Now I need to be candid with you. I began the year 2022 with a new ray of hope, but as this year wound down I saw some looming clouds of possible defeat on the horizon. A revelation in Harvey Silverglate’s recent Wall Street Journal op-ed, “Justice Delayed for Father MacRae” revealed that a court hearing was held in secret in New Hampshire and a judge agreed in secret to allow Detective James McLaughlin to be removed from the public list of officers found to have engaged in misconduct. Secret proceedings are just not a good look for a justice system fending off suspicions of corruption. It is in fact the look of what Carlos Caso-Rosendi describes as “the justice of a Banana Republic.”

That designation refers to a small country economically dependent on a single crop or a single product, often governed by a cabal of like-minded conspirators operating for their own benefit. The misconduct for which former Detective James McLaughlin stands accused has been central in the case against me. As a result, a lot of attention is being paid to Mr.Silverglate’s WSJ op-ed. Among the many affronts to justice covered in that article, Mr. Silverglate wrote:

“In a May 1994 lawsuit, Father MacRae alleged that Detective McLaughlin accused the priest of having taken pornographic photographs of one of the alleged victims. No such photos were ever found.”

There is more to it. Not only were such photos never found, but they were also never looked for. There was no effort whatsoever on the part of the detective to confirm or refute this allegation which came only from McLaughlin himself. There was a reason for that. He already knew it was a lie, and it was his own lie. It floated out there among several news articles about me until 2005. It was even cited by Judge Arthur Brennan as his justification for imposing 67 years in prison. Eleven years after my trial, McLaughlin finally admitted to Dorothy Rabinowitz at The Wall Street Journal that “there was never any evidence of pornography.”

Even that did not stop Damien Fisher, a biased New Hampshire reporter with an agenda, from repeating the claim just months ago as though demonstrably true. Ryan MacDonald wrote a truthful rebuttal in, “A Reporter’s Bias Taints the Defense of Fr Gordon MacRae.” When police can invent evidence that never existed, when the news media can further propagate it long after it has been credibly debunked, what chance does a falsely accused man have in a New Hampshire court?

This is the sort of thing that had me feeling so defeated and had Carlos Caso-Rosendi comparing justice here to that of a banana republic. The justice system has become an ominous and oppressive trap for anyone wrongly convicted. When that trap covers up for the good ole’ boy secrecy behind which justice is being carried out here, how does one proceed?

Justice Unmoored from Truth

In light of all that has transpired and all that has been written, I have hard decisions to make. One of them is about hiring a New Hampshire attorney to challenge my convictions based on newly discovered evidence that the investigating police detective had a secret record of misconduct. The claims about him are taking shape and growing in number. One claim reported in local news media is that former Detective McLaughlin has erased tape recordings of statements from witnesses that do not support his bias. This is exactly what I have accused him of for the last 29 years .

I have recently been advised by a New Hampshire lawyer with expertise in this area. Her analysis was candid and I much appreciate it. The bottom line is that justice here will be yet another steep uphill and unpredictable climb. Detective McLaughlin has boasted of over 1,000 sexual assault arrests with a nearly 100 percent conviction rate due to his penchant for arranging lenient plea deals to boost his public persona. He has boasted of removing over 1,000 sexual offenders from the streets but the “removal” is only for a year or so. Guilty defendants gladly took his plea deals, but innocent defendants can only be conned or coerced into them.

Because of the extreme “success” of his actions and methods, Detective James McLaughlin has been widely hailed in some circles as a hero-cop. From the point of view of the justice department and judicial system, however, the growing evidence of his misconduct is a threat to the system itself. As a result — and it is a fact of the legal advice I have received — the entire system will be hell-bent on protecting the corrupt cop while sacrificing me. “They will flood you with motions and delays to bankrupt you,” I was told by a New Hampshire attorney, and that has indeed been my experience.

As a prisoner of 29 years (and counting) with no income beyond the $2.00 per day I earn in a Third World prison job, I do not have the resources for another legal challenge — and especially for another protracted and uncertain one. In 2012 when I raised funds for an appeal, New Hampshire judges simply declined to hear any new evidence or witnesses in the end. A past U.S. Supreme Court ruling left this to their discretion, but they did not seem to have any. The affidavit of the new investigator and the statements of the witnesses he uncovered are linked at the end of this post. You be the judge.

And then there is priesthood. I am likely the only imprisoned priest in the world who has not been simply discarded from the clerical state just for being deemed with the new designation of convenience for bishops, “unsuitable for ministry.” There is now in the U.S. a “Coalition for Canceled Priests” trying to assist priests who are thrown aside for far less cause than a prison sentence. I am innocent of the claims against me, but should I now be forced to trade priesthood for freedom? I cannot. Carlos Caso-Rosendi ended “Behold the Man!” with a burning question:

“Barabbas is gone,

Judas has received his thirty silver coins:

Behold the man, Gordon MacRae!

Bishops of the Church:

What do we do with him?”

+ + +

Editor’s Note: Read the affidavit of former FBI Special Agent Supervisor James Abbott and the statements of six witnesses from whom New Hampshire judges declined to hear.