Psychotherapists Helped Send an Innocent Priest to Prison
Psychotherapists who capitalize on moral panic and enlist junk science to help send innocent people to prison should be held personally and professionally liable.
August 23, 2023 by Ryan A. MacDonald
From the Editor: Ryan A. MacDonald is a frequently cited columnist, and an occasional contributor at Beyond These Stone Walls. Among his standout articles is “Police Misconduct: A Crusader Cop Destroys a Catholic Priest.”
On September 23, 1994, Rev. Gordon MacRae, a New Hampshire Catholic priest, was convicted of raping a male counseling client more than a decade earlier. At the time of Fr. MacRae’s trial, accuser Thomas Grover was 27 years old. His core testimony was simple. Grover stated that, in 1983, he sought MacRae out for counseling for his drug addiction in the months preceding his 16th birthday. He claimed that during each session he was berated, made to cry, and then forced to submit to oral sex in a Church rectory office. His claim that these events occurred during counseling sessions enhanced the charges to five counts of aggravated felonious sexual assault. When asked by defense counsel why Grover, at almost age 16 — being 5’ 11” and weighing in excess of 180 pounds — would return from week to week after having been raped, Grover answered, “I don’t know — I repressed it.” When the defense pressed for an explanation, Grover said, “I had out of body experiences; I don’t remember how I got there.”
During this remarkable testimony, a woman in the spectator section of the court was taking copious notes. She wasn’t with reporters in the press section. When defense counsel approached her during a break, she identified herself as “a student interested in the trial.”
Following Thomas Grover’s testimony, the prosecution was permitted to call to the stand an expert witness, Leonard Fleischer, Ed.D., whose role was purportedly to “educate” the jury about Child Abuse Accommodation Syndrome, Post Traumatic Stress Disorder, and “delayed reporting.” His description of PTSD included a reference to “out of body experiences” even though, as a witness, Leonard Fleischer was not allowed to be present during Thomas Grover’s testimony. During the trial, however, Fleischer was seen in a restaurant with the “student” who had been taking notes during Grover’s testimony. From all appearances, he had planted a surrogate in the courtroom to hear what he was not allowed to hear. Thomas Grover also testified that between ages 15 and 27, he was treated in six drug abuse treatment centers, the first being Beech Hill Hospital in New Hampshire. Leonard Fleischer then testified that he had once been a therapist at Beech Hill Hospital, and “in my experience 70% to 80% of the males who had been treated at Beech Hill Hospital were sexually abused.”
On appeal, the State conceded that this uncorroborated statistical testimony by this “expert” witness should not have been allowed. The state appellate court agreed, but determined that it was “harmless error beyond a reasonable doubt.” In the book, Actual Innocence, Innocence Project founder Attorney Barry Scheck described “harmless error” as “the process by which judges excuse the misconduct of police and prosecutors.” In post-trial interviews with jurors, several stated that their verdict was swayed solely by the expert witness testimony.
One juror said she voted for guilty because she watched the defendant carefully during the trial, “and he did not appear to be remorseful.” The jury never heard that this trial came after MacRae’s rejection of the State’s plea offer of a sentence of one to three years. He rejected this offer twice before trial and again following Thomas Grover’s testimony. After the trial, he was sentenced by Judge Arthur Brennan to a term of up to 67 years — more than 20 times the maximum of the State’s proffered deal.
After receiving $200,000 settlement from the Diocese of Manchester in 1996, Thomas Grover relocated to Arizona. He is pictured here about three years after the MacRae trial.
Now Pauline Goupil, M.A.
Far more troubling was the role played in this trial and its aftermath by psychotherapist Pauline Goupil, M.A. As defense counsel Ron Koch (pronounced “Coke”) stood at the defense table to cross-examine Thomas Grover, Mr. Grover turned in protest to the judge. This 27-year-old, 220 lb. man, no stranger to the criminal justice system, complained that he did not want to look at the defendant during the trial and therefore could not answer Mr. Koch’s questions if he stood in the middle aisle by the defense table. In apparent disregard of the Constitutional right of defendants to confront an accuser at trial, Judge Brennan ordered defense counsel to cross-examine Thomas Grover from a position in the court as far from the defendant as possible.
Later, during a break in the trial, PBS-TV official Leo Demers and his wife Penny approached the defense attorney. The issue, they said, had nothing to do with the lawyer standing near the defendant. They pointed out the presence of a woman seated with spectators on the center aisle. They reported seeing that woman influence Thomas Grover’s testimony using hand signals. They pointed out that defense counsel had been blocking Grover’s view of her when he was standing near Father MacRae during cross examination.
Mr. and Mrs. Demers claimed that when defense counsel asked Mr. Grover to explain to whom he first brought his sexual abuse claims, the police or a contingency lawyer, Thomas Grover looked directly at the woman seated at the center aisle at which point she gestured with her index finger over her eye and down her cheek. Grover then began to sob uncontrollably on the stand, causing the judge to declare a recess. Leo Demers pointed the woman out, and defense counsel approached her.
The woman identified herself as Pauline Goupil, M.A., Thomas Grover’s therapist. The defense approached the bench, the jury was dismissed for the day, and Pauline Goupil was ordered to the stand. Ms. Goupil testified that she had been retained by Thomas Grover at the behest of contingency lawyer, Robert Upton, to counsel Grover throughout the trial and keep him “clean and sober.” Ms. Goupil stated that she had a practice specialization in treating victims of sexual abuse and assault.
For an entire afternoon, Pauline Goupil, M.A. testified about her role, and vehemently protested defense attempts to obtain her file. Pre-trial, the defense moved for copies of all Thomas Grover’s treatment records, but received none of them despite Grover's claim that he had been treated for his drug addiction six times. The defense was never told of Grover’s on-going treatment with Pauline Goupil.
In the end, the judge ruled that he would conduct an in-camera review of Ms. Goupil’s treatment file which she was ordered to produce the next day. She was then barred from the court for the remainder of trial. The presence of Ms. Goupil, and the matter of her giving Grover hand signals during his testimony, was never heard by the jury and the defense counsel did not move for a mistrial.
Pauline Goupil’s file was submitted the next day for in-camera review by Judge Brennan. In it was a letter from Ms. Goupil to Thomas Grover in which she chastised him for not showing up for her sessions, and assured him:
“I have good news. Jim [Keene, NH sex crimes detective James F. McLaughlin] told me that MacRae is being offered a plea deal he will have to accept. So there will be no trial. We can just move on with the settlement phase.”
Neither the letter, nor Pauline Goupil’s coaching of Thomas Grover’s testimony ever became known to the jury.
Several years after this trial, but before his retirement from PBS and WGBH Television in Boston, Leo Demers wrote a personal letter to retired Judge Arthur Brennan:
“My wife and I were present in the courtroom throughout most of the trial of Fr. Gordon MacRae in 1994. For all these years, I have had many questions about this trial and much that I have wanted to clarify for my own peace of mind ... . We saw something in your courtroom during the MacRae trial that I don’t think you ever saw. My wife nudged me and pointed to a woman, Ms. Pauline Goupil, who was engaged in what appeared to be clear witness tampering. During questioning by the defense attorney, Thomas Grover seemed to feel trapped a few times. On some of those occasions, we witnessed Pauline Goupil make a distinct sad expression with a down-turned mouth and gesturing her finger from the corner of her eye down her cheek at which point Mr. Grover would begin to cry and sob on the stand. The lawyer’s questions were never answered.
“I have been troubled about this for all these years. I know what I saw, and what I saw was clearly an attempt to dupe the court and the jury. If the sobbing and crying was not truthful, then I cannot help but wonder what else was not truthful on the part of Mr. Grover. If he was really a victim who wanted to tell the simple truth, then why was it necessary for him and Ms. Goupil to have what clearly appeared to be a set of prearranged signals to alter his testimony?”
Back at the 1994 trial, once Pauline Goupil’s role in the case was known, Thomas Grover was put back on the stand. He testified that Ms. Goupil arranged for him to be drugged before his testimony, and that was why he could not remember specifics. Thomas Grover claimed that part of the residual effect of the abuse he suffered was chronic unemployment due to his emotional state. He was asked by defense counsel how — since he could not hold a job — could he afford weekly therapy with Ms. Goupil. Grover stated, “She worked something out with my lawyer. She’ll be paid after the settlement.” Earlier in his testimony, Grover denied having any awareness of plans to sue the Catholic Church.
The next morning in the court, Judge Brennan cited a local Keene Sentinel news article reporting that Thomas Grover appeared confused and inconsistent on the witness stand. Judge Brennan came up with a shocking remedy for this. When he summoned the jurors back into the Court, he instructed them to “disregard inconsistencies in Mr. Grover's testimony.”
Pauline Goupil had just three years earlier obtained a B.A. in psychology from “The School of Lifelong Learning.” She then received an M.A. in counseling from Antioch College in Keene, NH where the state’s expert witness in this trial, Leonard Fleischer, Ed.D., was a faculty member and Ms. Goupil’s mentor.
Shortly after Father MacRae was sent to prison, some of the witnesses in this trial spotted Ms. Goupil in the prison’s visiting area. She was visiting her son who in 1989 was convicted at age 19 of multiple charges of serial rape for which he is serving a lengthy sentence. Her son’s convictions came just a few years before Pauline Goupil began a practice specialization in treating victims of sexual assault.
Two years after Gordon MacRae’s criminal trial, Pauline Goupil offered extensive testimony in a lawsuit against the Catholic Church brought by Thomas Grover and his brothers. Her testimony was in support of Grover’s attempt to defeat the state’s three-year statute of limitations on tort actions by claiming, successfully, that the statute of limitations should begin to toll only when a victim becomes aware he was injured and makes a causal connection with abuse.
Toward that end, Pauline Goupil testified with a whole lot of information and documentation that was not part of the treatment file that she was ordered by Judge Brennan to hand over in 1994 for in-camera review.
In her renewed testimony for the lawsuit in 1996, she testified that Thomas Grover’s particular version of Post Traumatic Stress Disorder caused him to “suppress” all emotional awareness of the abuse he suffered, and caused him to forget many crucial details of that abuse until his pre-trial treatment sessions with her. From the 1996 testimony of Pauline Goupil, M.A.:
Q: Now, one of the ways that a person avoids trauma is inability to recall important aspects of the trauma?
Ms. Goupil: Yes.
Q: That’s not true in Tom’s case is it?
Ms. Goupil: Yes, it is true.
Q: Didn’t he tell you all about this trauma?
Ms. Goupil: He told me some incidences of trauma, but there were some details that were very relevant that I heard when I was sitting in court that he had never spoken with me about that he could remember. One of the symptoms of [PTSD] is that the person forgets information that is really quite relevant to the trauma.
Q: How do you know that he forgot these things?
Ms. Goupil: The point [is] that a person who suffers from Post Traumatic Stress Disorder will forget relevant information, meaning that it’s relevant to the trauma that they experienced, but they will remember irrelevant information.
Q: Tom remembered this trauma, isn’t that right?
Ms. Goupil: Parts of the trauma.
Q: Is it fair to say that, as you understand it...that he did not forget any aspect of what happened to him that he had reported to you?
Ms. Goupil: He did forget some aspects of what happened to him.
Q: No. That he had reported to you.
Ms. Goupil: Your questions are very complicated.
Q: All right. Let me start again... . It was apparent that he had always remembered the things that he told you?
Ms. Goupil: No, that is not apparent.
Q: Okay. Tell me. Did he say, “I just remembered these.”?
Ms. Goupil: Yes.
Q: And what did he say that he just remembered?
Ms. Goupil: I can’t tell you any specific memory because all the memories are just sort of there, but he would come into a — I can’t name a particular session — I would have to consult the file — where he would say...you know, something happened and I just remembered it.
Elsewhere in the 1996 lawsuit transcript, Pauline Goupil testified about her diagnosis of Tom Grover:
Q: ... Now did you review your records in the time that you were away about the number of visits that you had with Tom?
Ms. Goupil: Yes.
Q: ... And what’s the total number?
Ms. Goupil: Twenty-eight.
Q: And those sessions each lasted about an hour in the usual course?
Ms. Goupil: Fifteen minutes.
Q: And the diagnosis you made was when? At the end of the line? At the beginning
Ms. Goupil: At the beginning. It usually takes two or three sessions to make an assessment.
Q: You said you gave him a dual diagnosis?
Ms. Goupil: Yes.
Q: One thing I heard was Post Traumatic Stress Disorder?
Ms. Goupil: Uh-huh.
Q: The other problem?
Ms. Goupil: Substance abuse. In remission.
Q: ... So, now we’re talking about PTSD, and you’re diagnosing it with regard to someone who has had a sexual experience.
Ms. Goupil: That’s correct... . In 1980 PTSD was taken out of the battlefields and brought into the battlefields of persons who have been abused because the symptomatology was very obviously similar to people who were returning from war.
Q: ... Would you say psychotherapy is an art, science, or both?
Ms. Goupil: My degree is a Master of Arts so I guess it’s probably an art.
Author’s note: During an ongoing investigation of this matter by former FBI Special Agent Supervisor James Abbott, both Thomas Grover and Pauline Goupil declined to be interviewed or to answer any questions regarding this matter.
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Editor’s Note: Thank you for reading and sharing this post. You may also be interested in these related posts by Ryan A. MacDonald.
The Trial of Father MacRae: A Conspiracy of Fraud
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