“There are few authentic prophetic voices among us, guiding truth-seekers along the right path. Among them is Fr. Gordon MacRae, a mighty voice in the prison tradition of John the Baptist, Maximilian Kolbe, Alfred Delp, SJ, and Dietrich Bonhoeffer.”

— Deacon David Jones

Fr. George David Byers, SSL, STD Fr. George David Byers, SSL, STD

Omertà in a Catholic Chancery — Affidavits Expanded

Silencing the truth is never in the service of the Church. For one wrongly imprisoned priest, the buried truth and uncovered lies have both been crosses to bear.

Silencing the truth is never in the service of the Church. For one wrongly imprisoned priest, the buried truth and uncovered lies have both been crosses to bear.

“Have no fear, for nothing is covered over that will not be revealed, or hidden that will not be known. What you hear in the dark utter in the light; what you hear whispered, proclaim from the rooftops.”

Matthew 10:26-29

Editor’s Note: The following is Part 2 of a guest post by Father George David Byers, SSL, STD. Part 1, was “A Code of Silence in the U.S. Catholic Church: Affidavits.”

+ + +

Last week here at Beyond These Stone Walls, I presented some examples of a plague of omertà that has arisen in recent decades in the Catholic Church in America. Omertà is an insidious code of silence that can too easily become a part of mob justice, influencing someone to set aside truth in deference to the mob’s preferred or demanded truth. Omertà empowered the mafia, but it has no place in the Catholic Church.

When fearlessly digging into truths that some want to be kept hidden and not shouted from the rooftops, other truths are also necessarily unearthed. Before delving into some truths in the form of some affidavits by courageous people revealed here in Part 1 of this post, I want to tell you a true story. It was revealed to me by the great Pornchai Maximilian Moontri who now dwells in the Kingdom of Thailand.

Pornchai has helped me to understand a truth that is nearly universal among those who have in fact been victims of sexual assault. The only thing that is as obnoxious to them as having been raped is to see their own sufferings capitalized upon by false accusers for money, and by clericalists who make themselves into heroes by paying out settlements with no evidence or due process of law. Priests are too often considered guilty just for being accused.

Pornchai conveyed the story of one day being in the cell alone with Father Gordon. They had been cell mates for about two years then. It was about a year before Father Gordon’s blog began. Father G was reading his mail and said to Pornchai, “This woman wants to know if I am safe here.” Pornchai responded spontaneously and with total sincerity: “Does she mean from us or from other priests?” Then the next letter Father G opened was from a priest of his diocese to whom he had written. The priest returned his letter with a note on the envelope: “Communication with you is neither prudent nor welcome.”

Prison, by nature, is often a violent place. As a child of 12 brought to the State of Maine from a foreign country, Pornchai became a victim of violent sexual abuse. Father Gordon wrote that shocking story in “Human Trafficking: Thailand to America and a Cold Case in Guam.” When Pornchai went to prison at age 18, he dealt with the prison violence in the only way he could. He vowed that he would never again be someone’s victim. So he understandably met violence with violence of his own. It landed him in repeated long years in solitary confinement. After 14 years, Pornchai was transferred to the New Hampshire prison.

(Not long after, PBS Frontline produced a feature about the very solitary confinement cell in which Pornchai had spent years. PBS Frontline “Solitary Nation” should not be missed.)

In New Hampshire, Pornchai ended up in a cell with a man accused and convicted of the very thing that destroyed his life. It did not take him long — with his innate alertness to predation — to discover that Father G had been falsely accused. Pornchai once told me this story that I held off writing until he was out of the prison system:

“One day, I got a notice from the prison mental health department that a new 2O-week program was beginning called ‘Interpersonal Violence.’ My friend Father G thought it might be an opportunity for me so I said I would go if he goes with me. So we both signed up for it. Prison is filled with needy young men who have really broken lives. Some of them look for safe, comfortable older prisoners who might buy them things and take care of them. The result is a sort of mutual exploitation and prisons are filled with this. One young kid, about 19, who was attending the program quickly tried to latch on to Father G without knowing anything about him. I was going to speak with him, but decided to wait.

“Over the next few sessions as I sat next to Father G, I was aware of how this kid was skillfully trying to gain his interest and maneuver his way into his life, but Father G was oblivious to it. Later that night I told him what I observed, but he had no idea what I was talking about. At the next session, Father G and I simply agreed to switch seats. In all his years in prison, Father G has been surrounded by people like this, many of them young drug addicts who would sell their soul for a few bucks for drugs. In all those years, Father G was never observed or even suspected of having any interest in them at all except to show those receptive to it a way out of their prison within a prison.”

 

The Egregious Double Standard of Justice

There is a lot more to Pornchai’s story of his years with Father Gordon MacRae in prison. As he came to trust Father G, he had a growing awareness of things changing for the better in his life. After a few years, Pornchai made a decision to become a Catholic. He was received into the Church on Divine Mercy Sunday an event related beautifully by Felix Carroll in a chapter in his Divine Mercy Conversion book, Loved, Lost, Found.

In the years to follow, Father Gordon’s writing about Pornchai’s life garnered some attention in both the United States and across the globe, especially in Thailand where that story began. Thanks to Father Gordon’s writing, Pornchai’s tormentor was brought to justice 33 years after he brought destruction to this young man’s life. I am not certain we can actually call it justice, however.

In late 2017, Richard Alan Bailey was arrested at his Oregon home and indicted on forty (40) felony charges of sexual violence against Pornchai at ages 12-14. There was much evidence against him discovered in the form of police reports, school reports, social services battered child reports, medical reports, but none of it ever resulted in action. In September 2018, Richard Alan Bailey entered a plea of “no contest” but was found guilty on all forty counts in a Maine court. Bailey was sentenced to forty years in prison, all suspended, and 18 years probation. He will never serve a single day in prison.

Meanwhile, Pornchai was very much aware that in the neighboring State of New Hampshire, Father Gordon MacRae refused a plea deal that would have resulted in one year in prison, then was found guilty of five charges with no evidence at all and sentenced by a bitterly anti-Catholic judge to 67 years in prison. Pornchai was also aware that Father Gordon’s bishop and diocese stacked the jury with a pre-trial press release pronouncing him guilty of victimizing not only his accusers, but the entire Catholic Church.

Pornchai says that Father G “led by example” when explaining to him that bitterness and resentment over past wounds, however deep, are “like a toxic brew that you put in your own tea, and then drink to your own spiritual peril.”

On that Divine Mercy Sunday when Pornchai was received into the Church in 2010, it just happened to be a day that Bishop John McCormack offered his annual Mass at the Concord, New Hampshire prison. He Confirmed Pornchai in his faith and gave him First Eucharist, but never spoke a single word to Father Gordon. In the prison chapel sacristy after Mass, Pornchai shook Bishop McCormack’s hand. “You have a good friend,” said the Bishop who had read the accounts of Pornchai’s life. “You have a good priest,” Pornchai responded.

Father Gordon saw to it that Pornchai came into the Catholic faith with eyes open about the meaning and power of both sin and grace. “If these events had not happened to me,” Father Gordon said, “Pornchai and I would have never met.” He challenged Pornchai to rise above resentment, and it was in the rising that they both found grace. This was a story, however, in which the insidious practice of Omertà, that evil code of silence that I wrote about here last week, has played a destructive role. In First Things magazine in 2008, the late Father Richard John Neuhaus wrote:


“The Bishop and the Diocese of Manchester do not come off as friends of justice, or, for that matter, of elementary decency. You may want to read this Kafkaesque tale then you may want to pray for Fr. MacRae, and for a Church and a justice system that seem indifferent to justice.”

— A Kafkaesque Tale


 

Affidavits Expanded

In my first installment of this post, “A Code of Silence in the U.S. Catholic Church,” I revealed two affidavits prepared by a New Hampshire lawyer and a senior executive of PBS which produces the award-winning investigative news program Frontline. The affidavits were entirely independent from each other. They describe meetings with former Diocese of Manchester Bishop, the late John McCormack. To recap, the following are the most pertinent statements in these affidavits:

From the Affidavit of Attorney Eileen A. Nevins:

“In June of 2000, I met with New Hampshire Bishop John McCormack at the Diocesan office .… During this meeting with Bishop McCormack and [Auxiliary] Bishop Francis Christian, they both expressed to me their belief that Father MacRae was not guilty of the crimes for which he was incarcerated.”

From the Affidavit of Leo P. Demers:

“During October 2000, I met with Bishop John McCormack at the Diocesan office in Manchester, New Hampshire .... The meeting with Bishop McCormack began with him saying, ‘Understand, none of this is to leave this office. I believe Father MacRae is not guilty and his accusers likely lied. There is nothing I can do to change the verdict.’”

Fortunately, Mr. Demers prepared careful notes immediately following his meeting. They provide a most helpful context for what was going on in the background in the Diocese of Manchester at the time. The transcript is fascinating, and I begin it here with the initial telephone call to Auxiliary Bishop Francis Christian at the Manchester Chancery office:

LEO DEMERS: “I am calling from WGBH-TV in Boston ... I am concerned that Fr. Gordon MacRae was being considered as a feature story for Frontline here on PBS. Since you are the only person left in the Chancery Office who was there at the time of the accusations and trial ... I would like to meet with you to discuss the matter.”

[Note from Father Byers: Just four months earlier, but unknown by Mr. Demers, Bishop Christian attended a meeting with Bishop McCormack and Attorney Eileen Nevins. At that meeting, as per the affidavit of Attorney Nevins above, Bishop Christian was quite clear in his view that Father MacRae was not guilty. Did something happen in the interim? Given his stacking of the jury in his 1993 pre-trial press release, was he intimidated by someone in the news media? Read on … ]

BISHOP CHRISTIAN: “This is not my responsibility. I have nothing to do with that. You will have to speak with Bishop McCormack.”

LEO DEMERS: “But you were part of what happened at that time and would have firsthand knowledge of all that occurred. Bishop McCormack was in Boston when all this happened.”

BISHOP CHRISTIAN: “You will have to speak with Bishop McCormack. He is the one who is responsible. I can arrange for you to have a meeting with him.”

LEO DEMERS: “I would rather meet with you.”

BISHOP CHRISTIAN: “Bishop McCormack handles all such inquiries. You will have to call him yourself or I can arrange a meeting with him for you.”

[ Note from Father Byers: Mr. Demers noted that he would be in Israel and the Middle East for the next two weeks. His notes indicate that a meeting was scheduled with Bishop McCormack for October 13, 2000, and that Father MacRae knew nothing of this planned meeting. He writes that upon arrival at the Chancery he was escorted to Bishop McCormack’s office. The Bishop spoke first: ]

BISHOP McCORMACK: “I don’t want any of this to leave this office because I have struggles with some people in the Chancery office that are not consistent with my thoughts, but I firmly believe that Father MacRae is innocent and should not be in prison.”

[Note from Father Byers: Mr. Demers then wrote in his notes: “This knocked the wind out of my sails. It seems to me that the wrongful imprisonment of Fr. Gordon is ongoing. Those concerned with this matter could be subpoenaed by a court of law or by the Congregation for the Doctrine of the Faith (CDF).” The transcript continued: ]

LEO DEMERS: “You know why I am here. I assume Bishop Christian has informed you of our phone conversation and my desire to speak with him. You are a busy man. Bishop Christian has firsthand knowledge of the events surrounding Fr. MacRae’s incarceration.”

BISHOP McCORMACK: “He was tried and found guilty.”

LEO DEMERS: “With all due respect, your Excellency, I was there and you were not. There was nobody present representing the Manchester Diocese.”

BISHOP McCORMACK: “I mentioned to you that I believe he is innocent. I plan on meeting with him when I visit the prison during the coming Christmas season and I will discuss this.”

LEO DEMERS: “You said that your hands were tied because of your belief in his innocence. How can you help him?”

BISHOP McCORMACK: “I want to do what I can to make his life more bearable under the circumstances of prison life. I cannot reverse the decision of the court system. What can I do?”

LEO DEMERS: “It is not a flawless judicial system. Many innocent people fall through its cracks. Correcting an injustice is a formidable task and Fr. Gordon does not have the resources to even begin the process.”

 

Epilogue: The Spin

The promised Christmas meeting with Father MacRae in prison never took place. On February 15, 2002, Bishop McCormack, Bishop Christian, and Father Edward Arsenault held a press conference to release the names of all priests of the Diocese who were “credibly accused.” Father MacRae was not on that list. (That scene is depicted in the graphic atop this post with, left to right, Father Edward J. Arsenault, Bishop Francis X. Christian, and the late Bishop John B. McCormack at the podium.)

Over the course of the next year, many “confidential” memos passed between Bishop McCormack, Father Edward Arsenault, and various attorneys for the Diocese. Father MacRae was privy to none of them. Father Arsenault, who oversaw all lawsuit settlements for the Diocese, had an egregious conflict of interest in that he was simultaneously Chairman of the Board of the National Catholic Risk Retention Group providing oversight of insurance settlements for Catholic institutions across the country. At some point, he took over communications with Father MacRae on behalf of the bishop.

Father MacRae was never told of the above affidavits and did not know of Bishop McCormack’s statements about his belief in MacRae’s innocence and wrongful incarceration. A major sticking point in the various subsequent exchanges from the Bishop’s office was a demand that Father MacRae cease all contact with Dorothy Rabinowitz and The Wall Street Journal, submit to the Diocese a list of the names of everyone with whom he has discussed this matter, and agree in writing to limit all future contacts only to those approved by Diocesan officials. He was also asked to agree to appeal only his sentence and not his conviction, and to allow Father Arsenault to choose his legal counsel. Father MacRae rejected those conditions.

After The Wall Street Journal published an explosive series of articles by Dorothy Rabinowitz on the Father MacRae case in 2005 and again in 2013, Father never again heard from any official of his diocese with the exception of letters described below.

In 2008, Bishop McCormack wrote in a letter to an advocate of Father MacRae denying that he ever stated a belief that Father MacRae is innocent and should not be in prison. In 2009, Father Edward Arsenault became Monsignor Edward Arsenault and assumed a $160,000 per year position as Executive Director of the St. Luke Institute in Maryland where Bishop McCormack served on the Board of Directors. In 2015 he went to prison for embezzlement and forgery. Among the documents he is now suspected of forging were letters to the Holy See about the MacRae case.

Monsignor Arsenault was subsequently dismissed from the clerical state by Pope Francis. He has since changed his name to Edward J. Bolognini.

Bishop Peter A. Libasci, the current Bishop of Manchester, has, to this day, not once allowed Father MacRae to speak of this case in his own defense. Ryan A. MacDonald wrote of the unconscionable statements in this regard by the diocesan spokesman in “The Post-Trial Extortion of Father Gordon MacRae.”

+ + +

Please share this post and review these related posts:

Human Trafficking: Thailand to America and a Cold Case in Guam

In the Diocese of Manchester, Transparency and a Hit List by Ryan A. MacDonald

The Trials of Father MacRaeThe Wall Street Journal

Grand Jury, St. Paul’s School, and the Diocese of Manchester

+ + +

Note from Father Gordon MacRae: Father George David Byers, SSL, STD is a parish priest in the Diocese of Charlotte, North Carolina, a chaplain to law enforcement, and a Missionary of Mercy appointed by Pope Francis for the Jubilee Year of Mercy, a position the Holy Father has extended to the present day. Father Byers writes at the faithful and bold Catholic blog, Arise! Let Us Be Going!

From the BTSW Editor: Ryan A. MacDonald has a new post at A RAM in the Thicket that impacts both Father Gordon MacRae and this blog. Please read “At the Catholic Media Association, Bias and a Double Standard.”

 

Monsignor Arsenault served two years of a four-to-twenty year sentence with the remainder suspended. He is depicted here shaking hands with his prosecutor from the NH Attorney General’s Office after accepting a plea bargain.

 
Read More
Gordon MacRae Ryan A. MacDonald Gordon MacRae Ryan A. MacDonald

In the Diocese of Manchester, Transparency and a Hit List

Citing “transparency” the Catholic Diocese of Manchester posted the names of 73 accused priests. Most are dead. The only one in prison is innocent, and they know it.

bishop-peter-a-libasci-diocese-of-manchester-nh-l.jpg

Citing “transparency” the Catholic Diocese of Manchester posted the names of 73 accused priests. Most are dead. The only one in prison is innocent, and they know it.

August 21, 2019 by Ryan A. MacDonald (last updated April 8, 2024)

Note: The following is a guest post by Ryan A. MacDonald whose previous articles include “#MeToo & #HimToo” and “Justice and a Priest’s Right of Defense in the Diocese of Manchester.”

Michael Voris, former moderator and podcast host of Church Militant, had been posting some eye-opening commentary about a story from the Archdiocese of Detroit. Church officials there, in apparent disregard for canon law, published the name of a priest who has been accused of sexual misconduct. The priest is Father Eduard Perrone.

Reportedly, the Archdiocese published his name and a statement that the claims against him are “credible” while steadfastly refusing to publicly acknowledge the fact that Father Perrone maintains his innocence and has a right of defense. Church Militant reported that the original claim is forty years old and came from “a repressed memory,” a highly dubious and dangerous source according to experts in the field of psychology.

Weeks later, attorneys for Father Perrone issued a statement that he has conclusively passed a series of expert polygraph examinations that support his innocence. To date, the Archdiocese has been unresponsive to that fact as well, and so has the Catholic news media commenting on the story while acting as little more than a public relations outlet for the Archdiocese. This all has a chilling ring of the familiar.

On Wednesday, July 31, 2019, for no apparent reason other than the fact that everyone else is doing it, Bishop Peter A. Libasci of the Diocese of Manchester, New Hampshire published a list of 73 Catholic priests accused of sexual abuse of minors. Fully two-thirds of the priests named on the list are dead and thus in no position to defend themselves. The only one currently in prison is innocent. Officials of the diocese publicly suppress that fact after privately admitting it. So much for transparency.

The treatment of Father Eduard Perrone in the Archdiocese of Detroit pales next to the sabotage of justice and basic civil rights that took place in New Hampshire in the case of Father Gordon MacRae. Refusing multiple plea deals offering him a mere one year in prison in 1994, MacRae was asked by his lawyer to consider taking a series of polygraph tests with an expert.

Like Father Perrone in Detroit, MacRae agreed without hesitation. 

He was scheduled for three polygraph exams with questions based on police reports itemizing the specific claims of each alleged victim. The third one was cancelled because MacRae passed the first two so conclusively. When that fact was made known to the Diocese of Manchester before jury selection in MacRae’s 1994 trial, the Diocese published a press release with this statement:

The Diocese mourns with those who were victimized prior to the discovery of his problems… The Church has been a victim of the actions of Gordon MacRae as well as these individuals.
— Diocese of Manchester Press Release, September 11, 1993

There was little left for a jury to do. Armed with that statement, Prosecutor Bruce Elliott Reynolds compared MacRae to Hitler in his closing arguments before a heavily manipulated jury. A decade after the trial, a second prosecutor took his own life.

In a case brought twelve years after the alleged crimes, with no evidence of guilt at all to review and weigh, the jury reached a verdict of “guilty” on all charges in less than two hours. This account has been vividly exposed by Dorothy Rabinowitz in a series in The Wall Street Journal concluding with “The Trials of Father MacRae.”

 
bishop-john-b-mccormack.jpg

The Predecessor: Bishop John McCormack

After his 1994 trial, MacRae had languished in prison with little contact with or from the outside world for the next seven years. Five years after the trial, Bishop John McCormack arrived in Manchester after a stint as Auxiliary Bishop of Boston promoted by Cardinal Bernard Law.

In 2000, rumblings began to occur pointing to some troubling media interest in the case of Father Gordon MacRae — troubling, at least, to those who put him in prison and kept him there. The initial hints of inquiry came from The Wall Street Journal and PBS Frontline. The media interest ultimately resulted in the creation of two sworn affidavits by persons entirely unrelated and unaware of each other. The following is an excerpt from the affidavit of a New Hampshire attorney:

“Upon acting in a clerk capacity for [the 1994 trial] I became firmly convinced that the charges against Father MacRae were false and brought for financial gain… In June of 2000, I met with New Hampshire Bishop John McCormack at the Diocesan office in Manchester, New Hampshire. During this meeting with Bishop McCormack and [Auxiliary] Bishop Francis Christian, they both expressed to me their belief that Father MacRae was not guilty of the crimes for which he was incarcerated.”

Four months later in 2000, an official of WGBH-TV, the flagship PBS station and production house in Boston, arranged a meeting with Bishop John McCormack. In that four-month period, something happened that drove off auxiliary Bishop Christian who was — by the way — the author of the press release declaring MacRae guilty before jury selection in his trial. What follows are excerpts of a sworn affidavit from the WGBH official:

“The WGBH Educational Foundation wanted to produce a segment of Frontline. This production would have resulted in a national story about Father MacRae. I had contacted assistant Bishop Francis Christian from my office at WGBH to inquire about the story because he was the only person remaining in the Manchester Chancery Office who was present during the time of the accusations against Father MacRae. Bishop Christian wanted nothing to do with my inquiry regarding Father MacRae but did offer to arrange a meeting for me with Bishop McCormack.

“The [October 2000] meeting with Bishop McCormack began with him saying, ‘Understand, none of this is to leave this office. I believe Father MacRae is not guilty and his accusers likely lied. There is nothing I can do to change the verdict.’”

Far more telling, however, is a transcript of notes documented by the PBS official Leo Demers after his meeting with Bishop McCormack. The notes reveal a diocese compromised by the demands of lawyers and insurance companies and a Bishop struggling to retain his moral center in a time of moral panic. The transcript was compiled in 2000, but MacRae was unaware of it until 2009 when a former FBI agent began to investigate. Here are excerpts:

[Auxiliary] Bishop Christian: “This is not my responsibility. I have nothing to do with that. You’ll have to speak with Bishop McCormack.”

Leo Demers: “But you were part of what happened at that time and would have firsthand knowledge of all that occurred. Bishop McCormack was in Boston when all this happened… I would rather meet with you.”

[A few days later I received a phone call from a Chancery Office secretary regarding a meeting schedule. I explained that I would be in the Middle East and Rome for the next two weeks. The meeting was scheduled for Friday, October 13, 2000. I arrived at the Chancery Office and was escorted to the Bishop’s office… The first words out of his mouth were…]

Bishop McCormack: “I do not want this to leave this office because I have struggles with some people within the Chancery office that are not consistent with my thoughts, but I firmly believe that Father MacRae is innocent and should not be in prison… I do not believe the Grovers [accusers at trial] were truthful.”

Leo Demers: The Grover brothers viewed this Chancery Office as an ATM machine, and why shouldn’t they? They’ll likely be back to make another withdrawal.”

Bishop McCormack: “You know that I cannot discuss any settlement agreements.”

Leo Demers: “The specifics of settlements are of no concern to me. What concerns me is the ease with which such settlements are reached.”

Bishop McCormack: “I mentioned to you that I believe he is innocent.”

Leo Demers: “You said that your hands were tied because of your belief in his innocence. How can you help him?”

Bishop McCormack: “I want to do what I can to make his life more bearable under the circumstances of prison life. I cannot reverse the decision of the court system. What can I do?”

 
edward-j-arsenault-III.jpeg

Monsignor Edward J. Arsenault

It is striking who is not on the newly released list of accused Manchester priests. Former Monsignor Edward J. Arsenault is not found there. At the time he was elevated to “Monsignor” in 2009, Arsenault landed a $170,000 per year position as Executive Director of St. Luke Institute in Maryland. Simultaneously, Arsenault billed for over $100,000.00 in “consultation” services for Catholic Medical Center in New Hampshire. Bishop John McCormack was the sole U.S. bishop serving on the St. Luke Institute Board of Directors at that time.

Most of those who are today involved in an investigation of the case against Father MacRae believe that Arsenault was the person referred to in Bishop McCormack’s statement to the PBS Executive above:

“I do not want this to leave this office because I have struggles with some people within the Chancery office that are not consistent with my thoughts, but I firmly believe that Father MacRae is innocent and should not be in prison.”

Over the previous two years, Arsenault had risen to become McCormack’s right hand man and the hub of all diocesan administration and finances. By 2001, Father Arsenault had effectively become the power behind the diocesan throne. In that capacity, according to his resume published online (but since removed), Arsenault personally negotiated mediated settlements in over 250 claims of sexual abuse alleged against priests of the Diocese of Manchester.

The newly published list of these accused priests is deceiving. Most claims were never brought before any court of law, but were simply demands made by letters from lawyers representing the claimants whose claims were often thirty or forty years old. In 2002, Plaintiffs’ attorney Peter Hutchins, who later claimed to have received 250 such settlements — a curious coincidence — revealed the climate in which these settlements were made. The following newspaper excerpts are from “NH Diocese Will Pay $5 Million to 62 Victims,” (Mark Hayward, NH Union Leader, Nov. 27, 2002):

“The Catholic Diocese of Manchester will pay more than $5 million to 62 people who claim they were abused by priests… The incidents took place as long ago as the 1950s and as recently as the 1980s and involved 28 priests… The Diocese disclosed the names of the priests.

“None of these men will exercise any pastoral ministry in the Church ever again,” said the Rev. Edward J. Arsenault, delegate of the Bishop for Sexual Misconduct.

“‘It shows good faith on the part of the diocese that victims of abuse will be treated and that their needs will be met,’ said Donna Sytek, Chairman of the Diocesan Task Force on Sexual Abuse Policy [and now Chairperson of the New Hampshire Parole Board].

“‘During settlement negotiations, diocesan officials did not press for details such as dates and allegations for every claim’ [Attorney Peter] Hutchins said. ‘I’ve never seen anything like it!’

“[N]o one will receive more than $500,000… but at the request of Hutchins’ clients, the diocese will not disclose their names, the details of the abuse or the amounts of individual settlements.”

Simultaneous to his positions and role in negotiating settlements in the Diocese, Rev. Edward J. Arsenault also served as Chairman of the Board of The National Catholic Risk Retention Group, an oversight conglomerate of insurance providers for a multitude of Catholic dioceses and institutions across the United States that covered the settlements.

 
convicted-arsenault-smiling-handshake-with-prosecutor.jpeg

Hypocrisy and a Double Life Unmasked

On April 23, 2014, Monsignor Arsenault was convicted in a plea deal that would prevent full public disclosure of the facts of his case and make them anything but transparent. The above handshake with his prosecutor became for some a symbol of the closed-door justice behind the deal.

Charged with embezzlement of $288,000 from the Diocese of Manchester and the estate of a deceased priest — funds used to groom and support a homosexual relationship with a young musician — Arsenault was sentenced to a prison term of four to twenty years. However someone had a vested interest in keeping Father MacRae from asking too many questions.

After a brief initial stay in the Concord prison receiving area, someone took the highly unusual step of arranging for Arsenault to be moved to a county jail to serve out his sentence. It was a move that some believe was orchestrated to prevent MacRae from learning anything about Arsenault’s handling of his own case.

Arsenault served only two years of his four-to-twenty year sentence before his prison term was commuted to home confinement. Somehow, even while in prison without income, his entire $288,000 restitution bill was paid in full. In February of 2019, Arsenault’s remaining twenty year sentence was mysteriously and quietly vacated and commuted to time served. Many in the State and the Diocese of Manchester, though no one would go on the record, state their belief that Monsignor Arsenault received very special treatment in the Justice System. This was less true in the Church at higher levels. Before his sentence was terminated, Arsenault was dismissed from the clerical state by Pope Francis.  Today, as “Mr. Arsenault,” he is managing a multimillion dollar contract for the City of New York.

Of interest, one of the charges against Monsignor Arsenault was that he had forged Bishop McCormack’s signature on travel and hotel vouchers for himself and his “guest” to the tune of tens of thousands of dollars. Arsenault also created and forged phony invoices from a psychologist for $15,000.

It seems that Arsenault developed his forgery technique directly from the case of Father MacRae. Between 2002 and 2005, Arsenault is alleged to have forged Bishop McCormack’s signature on official letters sent to MacRae in prison and on documents sent to the Vatican seeking canonical dismissal of Father MacRae from the priesthood. This commenced two to four years after Bishop McCormack stated his informed belief that MacRae is innocent and unjustly imprisoned.

It seems clear who Bishop McCormack’s “struggle” was with. It was in the interest of Arsenault’s ties and commitments with insurance companies that all claims against the diocese be settled. MacRae’s obstinacy in refusing to accept plea deals and settlements proved an obstacle that had to be removed. From 2001 to 2005, Father Arsenault carried out a pattern of misinformation to the Vatican and collusion with attorneys to summarily deprive the imprisoned priest of his rights to canonical, civil, and criminal due process. The manipulation against MacRae is its own scandal.

In 2002, Arsenault had Prisoner MacRae summoned to a prison office to engage him in a telephone conversation for a proffered deal. If MacRae would sever all communications with Dorothy Rabinowitz and The Wall Street Journal, Arsenault reportedly said, the diocese would retain counsel on his behalf for a new appeal.

Having just learned that all documentation sent to The Wall Street Journal  was destroyed in the terrorist attacks of September 11, 2001, MacRae felt he had no other options. In March of 2002, Arsenault asked MacRae to send to his office all his defense files used at trial for the purpose of consultation with Attorney David Vicinanzo, a lawyer Arsenault claimed was retained to review MacRae’s case.

Six months later, MacRae learned that his legal files were never given to Attorney Vicinanzo, but were instead turned over to the NH Attorney General’s Office. Multiple letters to Arsenault and Attorney Vicinanzo for an explanation were never answered.

In January, 2003, MacRae was informed by other lawyers hired by Arsenault that a vast public release of files would take place as part of a diocese-wide settlement with the Attorney General in March of that year. MacRae was assured that he would be given a ten-day notice to review files in his regard and to challenge their release. Among all 73 priests on the list of the “credibly” accused newly published by Bishop Peter Libasci, MacRae was the only one never provided with the ten-day notice or any opportunity to review and challenge the release of his own privileged files.

Father MacRae’s letters of protest to Arsenault were never answered. His letter to Bishop McCormack resulted in a claim that the Attorney General issued a subpoena on the Diocese and walked off with priests’ files without regard for their source or for legal confidentiality.

In contrast, the Attorney General wrote to MacRae stating that, over the course of a week, the Diocese provided unfettered access to its files with no attempt at oversight. Further, the Attorney General wrote that all the files were reviewed as a result of a Grand Jury subpoena and were to remain confidential by law. However Bishop McCormack had signed a waiver surrendering the rights of all the priests involved. It is unclear, given the history above, who actually signed that waiver.

To their great credit, Vatican officials have not seen fit to move with a canonical process against this wrongly imprisoned priest. They have, however, administratively dismissed Monsignor Arsenault from the clerical state. He has since changed his name and is now known as Edward J. Bolognini.

To release a list of names of the accused today under the guise of transparency with Father Gordon MacRae identified solely as “convicted” is anything but transparent. It only further obscures this travesty of justice and turns it into just another kind of cover-up.

+ + +

Editor’s Note: Ryan A. MacDonald has published on the abuse crisis in multiple Catholic and secular publications. Please share this important post. You may also wish to read these related posts:

Grand Jury, St Paul’s School and the Diocese of Manchester

Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo

A Code of Silence in the U.S. Catholic Church: Affidavits

Omertà in a Catholic Chancery — Affidavits Expanded

 
Read More