Paths I Crossed with Benedict XVI and Cardinal George Pell
Paul Haring | CNS
In strange ways, injustices I have known as a prisoner and a priest intersected the lives of Pope Benedict XVI and Cardinal George Pell who died just ten days apart.
February 8 , 2023 by Fr. Gordon MacRae
Pope Benedict XVI passed from this life at age 95 on the final day of 2022. Ten days later, Cardinal George Pell died of cardiac arrest at age 81 while recovering from routine surgery at a hospital in Rome. Both of these men were giants in the Church as the many tributes to them from around the world make clear. They were also targets for much vitriol and injustice. It was in this targeted injustice that my path crossed with that of both men.
In “Justice Delayed for Father MacRae,” a recent op-ed in The Wall Street Journal by famed Boston criminal defense and civil liberties attorney Harvey Silverglate, he cited a ground-breaking book by Dorothy Rabinowitz, a member of the Journal’s Editorial Board entitled, No Crueler Tyrannies: Accusations, False Witness, and Other, Terrors of Our Time. Ms. Rabinowitz was awarded the Pulitzer Prize for her collection of writings about unjust sex abuse prosecutions that generated a spate of wrongful convictions of innocent people in the 1980s and 1990s. Some of her subjects in the book and subsequent writings spent decades in prison. I am one of them.
One of the tragically misguided prosecutions cited in the book is that of Margaret Kelly Michaels, then a 24-year-old nursery school teacher in New Jersey. Charged with multiple counts of child molestation in a witch hunt atmosphere, Kelly was innocent of the heinous crimes, none of which actually took place. The charges were fantastical and false, but the child abuse terror of the time resulted in easy convictions with no valid evidence.
The nature of the evidence in Kelly’s case was chilling. The prosecution’s child psych expert — who had no real expertise at all — fashioned a theory that young children who say that no sexual abuse happened actually mean the opposite. A vigilante jury bought that theory and convicted Kelly Michaels. At age 24, she was sentenced to 47 years in prison.
After failed appeals having nothing whatsoever to do with truth or justice, Kelly’s fate seemed sealed in wrongful imprisonment until Dorothy Rabinowitz began writing about it. Then New York civil rights attorney Morton Stavis came out of retirement to take the case pro bono. In her book, Ms. Rabinowitz revealed that Mr. Stavis sought the aid of a New York-based left-leaning legal think tank, the Center for Constitutional Rights that he himself founded. The CCR wanted nothing to do with this case. As Ms. Rabinowitz explained:
“Arguing for due process on behalf of a person charged with child sex abuse violated the politically progressive views held by many at the center. In the 1980s, as today, there was a school of advanced political opinion of the view that to take up for those falsely accused of sex abuse was to undermine the battle against child abuse. It was to betray children and other victims of sexual predators.”
No Crueler Tyrannies, 17-18
The charges against me stem from the same time period, filtered through the same progressive political opinions, and hyped by the same prosecutorial mindset that to be accused of such things is to be guilty. It is the cruelest of tyrannies that even our Catholic bishops have cowed in fear under that progressive steamroller as priests so accused are discarded without defense. This was articulated in my recent post, “Priests in Crisis: The Catholic University of America Study.”
The heroic attorney Morton Stavis was not defeated by the progressive disdain for his effort from his own tribe at the Center for Constitutional Rights. He did not live to see his victory in this case, but he had put together a small team of righteous defenders who eventually prevailed by exposing the truth and winning Kelly’s freedom. One of these defenders was Robert Rosenthal whose prior legal briefs on my behalf are still on display at the National Center for Reason and Justice.
Kelly Michaels went on in life to marry a judge. She eventually recovered — to the extent one can — from the tyranny of wrongful imprisonment. She has corresponded with me in freedom, imparting as much hope for justice as she can by urging me to never give up. I haven’t, but I will be 70 on my next birthday and like Job, I know that my Redeemer lives (Job 19:25).
Vincenzo Pinto | AFP
Benedict’s “Crimes against Humanity”
However, reading Dorothy’s book was unfortunately not my final encounter with the Center for Constitutional Rights. Clinging to the progressive view that to be accused of sexual abuse is to be guilty, the Center for Constitutional Rights allowed itself to be duped and used by SNAP, the activist group Survivors Network of those Abused by Priests. I wrote a post some time ago that seemed to mark the beginning of the end of this organization's campaign to destroy any due process for Catholic priests. The post was, “David Clohessy Resigns SNAP in Alleged Kickback Scheme.”
Prior to writing that post, David Clohessy and SNAP manipulated the Center for Constitutional Rights into bringing a “crimes against humanity” charge against Pope Benedict XVI and the Vatican at the International Criminal Court at The Hague in the Netherlands. It was a shameless publicity stunt that had no hope of success, but was filed only to shame Pope Benedict and bring attention to SNAP.
Though I was aware of the charge, it was only after the International Criminal Court dismissed it that I learned that I was an unwitting pawn in this debacle. Journalist Joann Wypijewski, a reporter of courage and high integrity, wrote of it in her blistering review of the movie “Spotlight,” a film about The Boston Globe Spotlight Team coverage of the sexual abuse scandal. The following is an excerpt of her bold article, “Spotlight Oscar Hangover: Why ‘Spotlight’ Is a Terrible Film”:
“The film’s advertisement for SNAP, the Survivors Network for those Abused by Priests, faithfully represents the Globe’s affiliation. It elides SNAP’s belief that wrongful prosecutions are a minor price to pay in pursuit of its larger mission, something [The Boston Globe] did not much concern itself with either as it collected its Pulitzer for service in the public interest; something even the Center for Constitutional Rights disregarded in 2011 when it joined with SNAP to file a grotesque brief to the International Criminal Court demanding ‘investigation and prosecution’ of the Vatican for crimes against humanity.
“Liberals who cheer this sort of thing ought to ponder whether they have any principles at all ... . The CCR brief failed ... but to CCR’s shame, Father MacRae is specifically mentioned in that brief, with respect to allegations of videotape (that is, child porn), which prosecutors threw in at sentencing but for which there is no evidence according to the lead detective in the case cited by [Dorothy] Rabinowitz.”
I was frozen in place by grief upon first learning of this. I knew that the charge had no substance. I also knew that in her WSJ investigation, Dorothy Rabinowitz confronted NH Detective James McLaughlin who first contrived the charge. Cornered, he finally admitted, “There was never any evidence of pornography.”
This did not stop SNAP and CCR from including it in a falsified brief before the International Criminal Court. There was no repercussion for the attempt at fraud upon the court. Even now, as recently as a few months ago, biased NH reporter Damien Fisher— whose wife Catholic blogger Simcha Fisher has ties to my diocese — repeated the pornography allegation without even mentioning that it had been widely discredited, including by the dishonest detective who first raised it.
All the claims that Pope Benedict XVI enabled accused priests and failed to protect victims are of a kind with the above story. In the end, it was never any of this that really made him a target. It was his orthodoxy, his fidelity, his clear-minded exposure of Catholic truths. None of this could ever successfully be assailed, so instead they smeared him with a weapon straight from hell: false witness. Let that sink in.
The Exoneration of George Cardinal Pell
In the same manner that Kelly Michaels reached out to me upon her exoneration, it was because I had been so falsely accused that I reached out to Cardinal George Pell during his 400 days of unjust imprisonment. Having come to recognize signposts of dishonesty in such a case, I was certain that Cardinal Pell had been falsely accused. But because of prison rules barring direct contact with other prisoners, I could not contact in prison directly.
A friend, Sheryl Collmer, a Tyler, Texas writer for Crisis Magazine and other venues, was my intermediary. I know that pride is one of the Seven Deadly Sins, but in this case it was perhaps a bit less deadly. There have been few really proud moments during my imprisonment, but my ability to detect and expose the truth in support of Cardinal Pell was one of them.
As a result, I found this excerpt in his published Prison Journal Volume 2 (Ignatius Press 2021). It was written from his prison cell:
“Friday, 2 August 2019: By a coincidence, today I received from Sheryl Collmer, a regular correspondent from Texas, a copy of the 15 May 2019 post on the blog, Beyond These Stone Walls, written by Fr Gordon MacRae. The article was entitled, ‘Was Cardinal George Pell Convicted on Copycat Testimony?’
“Fr MacRae was convicted on 23 September 1994 of paedophilia and sentenced to sixty-seven years in a New Hampshire prison for crimes allegedly committed around fifteen to twenty years previously. The allegations had no supporting evidence and no corroboration.
“It is one thing to be jailed for five months. It would be quite another step up, which I would not relish, to spend another three years if my appeal were unsuccessful. But we enter another world with a life sentence. Australia is not New Hampshire, and I don’t believe all the Australia media would blackball the discussion of a case such as MacRae’s.
“The late Cardinal Avery Dulles, whom I admired personally and as a theologian, encouraged Fr MacRae to continue writing from jail, stating, ‘Someday, your story and that of your fellow sufferers will come to light and be instrumental in a reform.’
“Fr MacRae recounts extraordinary similarities between the accusations I faced and the accusations of Billy Doe in Philadelphia, which were published in Australia in 2011 in the magazine, Rolling Stone. Earlier this year, Keith Windshuttle, editor of the quality journal Quadrant, publicized the seven points of similarity, pointing out that ‘there are far too many similarities in the stories for them to be explained by coincidence.’ (See Keith Windshuttle, ‘The Borrowed Testimony that Convicted George Pell,’ Quadrant, 8 April 2019).
“The author of the 2011 Rolling Stone article was Sabrina Rubin Erdely, no longer a journalist, disgraced and discredited. In 2014 she had written, and provoked a storm which reached Obama's White House, about ‘Jackie’ at the University of Virginia, who claimed she was gang-raped at a fraternity party in 2012 by seven men.
“As Fr MacRae points out, ‘The story was accepted as gospel truth once it appeared in print.’ [Note: Rolling Stone later retracted the article in 2015] . Jackie’s account turned out to be a massive lie. A civil trial for defamation followed; the seven students were awarded $7.5 million in damages by the jury; and Rolling Stone was found guilty of negligence and defamation.
“The allegations behind the 2011 Rolling Stone article, published in Australia, have also been demolished as false by, among others, Ralph Cipriano’s ‘The Legacy of Billy Doe’ published in the Catalyst of the Catholic League in January-February 2019. No one realized in 2015, when the allegations against me were first made to police, that the model for copycat allegations, or the innocent basis for the remarkable similarities, was also a fantasy or a fiction.
“I am grateful to Fr MacRae for taking up my cause, as I am to many others. These include in North America George Weigel and Fr Raymond de Souza and here in Australia Andrew Bolt, Miranda Devine, Gerard Henderson, Fr Frank Brennan, and others behind the scenes.
“I will conclude, not with a prayer, but with Fr MacRae’s opening quotation from Baron de Montesquieu (1742) [from the BTSW About Page], ‘There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice]’”
Addendum
You may see — from Cardinal Pell’s last citation above — where Dorothy Rabinowitz got the inspiration for the title of her book, No Crueler Tyrannies. Once free from his wrongful prison sentence, Cardinal Pell was restored to his rightful position in Rome. From there, he reached out to me again in ways that I only learned about posthumously. He wrote to a mutual friend that he plans to refer to my situation in talks he is slated to present in Rome and Australia. He never got to present them.
In an op-ed in The Wall Street Journal, “Cardinal George Pell Faced Down a Hostile World” (January 13, 2023), Fr Raymond de Souza wrote that “His faith even during wrongful detention, was the crown of an inspiring Catholic life.” Reading his Prison Journal, I have no doubt been so inspired.
It is my prayer, and perhaps not even a necessary one, that Pope Benedict and Cardinal Pell both now stand in the Presence of God where they behold the fruition of all the graces bestowed upon them, and hopefully now upon us through them. We have not heard the last of them.
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Note from Fr. Gordon Mac Rae: Thank you for reading and sharing this post. You may also wish to visit these related posts from Beyond These Stone Walls:
From Down Under, the Exoneration of George Cardinal Pell
The Path of Sabrina Rubin Erdely’s Rolling Stone
Miranda Devine, Cardinal Pell, and the Laptop from Hell
Priests in Crisis: The Catholic University of America Study
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Francesco Sforza | Osservatore Romano | AFP
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