Pop Stars and Priests: Michael Jackson and the Credible Standard

The late Michael Jackson settled one abuse claim for $20 million but supporters maintain his innocence. A Catholic priest is ruined for life just for being accused.

April 24, 2024 by Fr Gordon MacRae

Daniel Kahneman died last month on March 27, 2024. Just as Beyond These Stone Walls was beginning, I was asked by Catholic League President Bill Donohue, to write an article for the Catholic League Journal, Catalyst. Published in July 2009, my article was “Due Process for Accused Priests.” It began with a revelation about the work of Daniel Kahneman, a noted psychologist who was awarded the Nobel Prize in Economics for his work in a phenomenon known as “availability bias.”

As a result of availability bias, humans tend to replace their beliefs with the crowd’s beliefs simply because a proposition has been repeated in the media and presented as widely believed. We are subjected to subtle cues of social pressure every day in marketing that convince many people to purchase things they don’t really need. We also face subtle cues and social pressure in the daily bombardment of news stories that cause many people to believe something based solely on its prevalence in the media. It is indeed possible that Michael Jackson and many Catholic priests became the subjects of classic, media-fueled availability bias.

In his 2011 bookThinking, Fast and Slow Daniel Kahneman laid out the foundations of what a stream of availability bias might look like:

“An availability cascade is a self-sustaining chain of events, which may lead up to public panic and large-scale government action. On some occasions, a media story about a risk catches the attention of a segment of the public, which becomes aroused and worried. This emotional reaction becomes a story in itself, prompting additional coverage in the media, which in turn produces greater concern and involvement. The cycle is sometimes sped along deliberately by ‘availability entrepreneurs,’ individuals or organizations who seek to ensure a continuous flow of worrying news. The danger is increasingly exaggerated as the media compete for attention-grabbing headlines. Anyone who claims that the danger is overstated is suspected of association with a ‘heinous cover-up’”

— Kahneman, Thinking, Fast and Slow, p.142

Does this not sound like exactly what has taken place in the early days of the priesthood crisis? In that arena, the “availability entrepreneurs” were composed largely of contingency lawyers and groups like SNAP, which I once exposed in “David Clohessy Resigned SNAP in Alleged Kickback Scheme.”

One of the conclusions of “availability bias” widely touted in the media is that statutes of limitation for lawsuits should be extended or discarded because it takes victims of sexual abuse many years or decades to come forward. The prison system in which I have spent the last 30 years houses nearly 3,000 prisoners. Estimates of those convicted of sexual offenses account for about 40 percent of them. This translates into a population of approximately 1,200 offenders in this one prison who stand convicted of sexual crimes, most true but some not. In addition to these 1,200 men, thousands more are currently on parole in New Hampshire as “registered” sexual offenders.

Only one among these thousands is a convicted Catholic priest, and if you have been paying attention at all, then you know that his conviction has been widely called into serious doubt. The thousands of other men convicted of sexual abuse are accused parents, grandparents, step-parents, foster parents, uncles, teachers, ministers, scout leaders, and so on, and for them the typical time lapse between abuse and the victim reporting it has been measured in weeks or months, not years — and certainly not decades.

My own diocese, the Diocese of Manchester, New Hampshire, in just the last month has provided a six-figure settlement to the accuser of a long deceased priest accused in a claim from 52 years ago. Even the lawyer involved admitted in a press report that “No lawsuit was filed because the alleged abuse happened outside the statute of limitations, but … it is important for survivors to come forward as part of the healing process,” which in this case involves a whole lot of money, forty percent of which goes to that attorney. In their own statement, Church officials said, “The Diocese of Manchester provides financial assistance to those who have been harmed, regardless of when the abuse occurred.” I live in a place with men some of whom have taken lives for far less money than that provided by my diocese to those who falsely took my reputation and freedom.

A simultaneous press release came under the title “Diocese of Manchester Adds to List of Clergy Accused of Sexual Abuse of a Minor.” Accuracy in language is important here. The press release continued, “The Diocese of Manchester added three priests to its list of clergy accused of sexual abuse.” Note that the usual term “credibly accused” is missing from these reports. Even that weakest of standards seems to have been discarded in favor of discarding priests who are merely “accused.” Ryan A. MacDonald wrote of the risks that such published lists pose to priests. His eye-opening article was, “In the Diocese of Manchester, Transparency and a Hit List.”

Pop Stars and Priests

I kicked a hornets’ nest some years ago when I wrote an article in response to a quote from actress Marlo Thomas who suggested in some published forum that the best American role model for middle school age boys might be singer Michael Jackson. I scoffed in my own response why the suggestion was ridiculous for many reasons, not least being the taint of sexual abuse claims against him.

Despite being acquitted in a criminal trial, Michael Jackson settled a single claim of sexual abuse for a reported $20 million, and untold millions settled other claims against him. When Michael Jackson died, he was celebrated as a cultural icon of the entertainment industry. In contrast, an American bishop, under pressure from a victims’ group, reportedly ordered the remains of a posthumously accused priest exhumed from a diocesan cemetery and reinterred elsewhere.

My point was not that I thought Michael Jackson was guilty. It was that for many fans the claims and sett1ements did not destroy his name. He was acquitted at trial, so if there was any evidence at all a jury did not find it persuasive. Some people conclude that, despite acquittal in a criminal trial, Michael Jackson’s multi-million dollar settlement of civil lawsuits was itself evidence of guilt. I’ll get back to that point.

Catherine Coy, a fan and advocate of Michael Jackson, sent a shot across my bow back then for suggesting any connection between settlements and credible accusations. I knew I was in for it when Ms. Coy began her message with “You, of all people …!”  Actually, when Catherine Coy and I listened to each other, we came to a sort of detente if not agreement. In a 2005 article, “Sex Abuse and Signs of Fraud” (Catalyst, Nov. 2005), I detailed the relationship between mediated settlements and claims against Catholic priests. Did Michael Jackson become vulnerable to the same media-generated shroud under which claims against priests were seen as “credible?”

Catherine Coy insisted that in spite of monetary settlements, Jackson had never had a “credible” claim of sexual abuse lodged against him. That statement might evoke a dismissive “Yeah, right!” in some corners, but not in mine.

Why did so many people presume the worst of Mr. Jackson? It certainly wasn’t evidence. It is more of a spontaneous response, and one that is very similar to what happens when priests are accused and maintain their innocence. This is the point predicted by Nobel laureate Daniel Kahneman. The mere news media repetition of sordid stories about Michael Jackson and Catholic priests took on such prevalence in the news media that they became an unconscious bias against both. When the Catholic bishops of the United States refer to a 20-, or 30- or 40-year-old claim against a priest as “credible” they mean only that they have determined that both the priest and the accuser lived in the same community in the time period alleged.

Michael and I in The Wall Street Journal

Catherine Coy was right. I, of all people, should have seen the analogy instantly. Ms. Coy wrote “There isn’t a person alive who could have withstood the onslaught of lies, innuendo and slander that was heaped on Jackson for well over 20 years.” On that score, I beg to differ, but I see her point.

The very association of Michael Jackson’s name with the bizarre proclivity attributed to him may in fact be the result of media-fueled availability bias and not evidence. There is no doubt in my mind that I and many other priests have faced this same phenomenon. With no personal experience of the behaviors attributed to some accused priests, many Catholics simply adopted the point of view given them by the news media.

This does not mean that all the claims of sexual abuse by priests are false. The U.S. Bishops commissioned a formal study of the matter conducted by the John Jay College of Criminal Justice. There were really two waves in the scandal. The first was the revelations that priests were accused at the time alleged abuse happened in the 1960’s to the 1980’s, and then were quietly moved around to other parishes to avoid a public scandal. This was scandalous enough, and tragic.

The John Jay Report also revealed that a full seventy percent of the claims faced by bishops and dioceses in 2002 and following also alleged claims from the 1960’s to 1980’s, but those claims were not brought forward until 2002 when it became clear that Church institutions would settle because of the bludgeoning they took in the media. Those claims were propelled by the widely held belief that it takes victims decades to realize they were abused and report it. Lots of people now believe that, and entire states have passed legislation to accommodate that belief. However, as demonstrated in “Due Process for Accused Priests,” the “delayed reporting” principle is classic availability bias.

In June, 2005, just three months after Dorothy Rabinowitz published an explosive two-part analysis of the case against me in The Wall Street Journal, Deputy Editorial Page Editor, Daniel Henninger wrote a most interesting commentary as Michael Jackson’s criminal trial got underway (“Pushing the Envelope – Michael Jackson: A Freaky Culture’s Peter Pan,” June 3, 2005).

It was Daniel Henninger who first put into print what I hoped someone out there might grasp:

“[Prosecutor] Tom Sneddon may lose this case. If so, it will be because Mr. Jackson, like Kobe Bryant [and O.J. Simpson], was able to mount a defense equal to the accusatory powers of the state. Not everyone can do that. If Michael walks, I’ll wonder if any of the many convicted Catholic priests similarly charged were in fact innocent but found guilty because they couldn’t push back against the state’s relentless steamroller.”

I do not at all begrudge Michael Jackson’s having had the means to mount a defense equal to the state’s prosecution of him. Whatever he spent defending himself, it was less than the state spent trying to put him in prison. At the same time, I thought Daniel Henninger’s comment about convicted priests was just and fair, but he missed an important point. I no longer have the letter, but I wrote to Mr. Henninger shortly after his 2005 editorial. This is the gist of what I wrote:

“As a priest without the means to push back in equal measure to Michael Jackson, I must point out some factors you overlooked:

“Imagine how steeply uphill Michael Jackson’s battle would have been if twenty years passed between the alleged crime and the state’s prosecutorial steamroller rumbling into action for a trial. Imagine the state having to prove nothing while Michael Jackson’s defense tried in vain to prove that something alleged to have happened two decades earlier never happened at all.

“Then imagine Michael Jackson struggling to proclaim his innocence while the institution he served denounced him and his attempts to defend himself, seeking only the path of least resistance to settle with his accusers and rid themselves of liability at the expense of due process.

“Imagine all of this, and you will have captured the scene faced by most similarly accused Catholic priests.”

The Wall Street Journal

The aftermath of those articles in April, 2005 was most interesting. The accusers in the case against me — anxious to talk to the news media before receiving settlements — suddenly had nothing to say. one of my prosecutors had nothing to say. The other took his own life. The judge was quoted in a local news article saying, vaguely, “Review is a positive thing.” Then he took early retirement from the bench. The police detective who choreographed the case, reportedly offering bribes to potential accusers, had nothing to say and has since been exposed on a previously secret list of ethically challenged police.

After those WSJ articles about me, I expected an onslaught of defensive rhetoric from victims’ groups, prosecutors, and contingency lawyers, but it never came. The sole protest came from the most unexpected source. Father Edward Arsenault, my Bishop’s delegate and the man most involved in settlement negotiations in these cases, declared that I was found guilty in a court of law by a jury of my peers, and nothing else needed to be said. Father Arsenault denounced The Wall Street Journal and its writer as biased. Incredible!

A few years later, Msgr. Edward Arsenault was convicted of multiple counts of embezzlement, including charges of forgery and fraud, and sentenced to prison. He was subsequently dismissed from the clerical state by Pope Francis but now inexplicably has a new life and a new name: Edward J. Bolognini.

In 2005 just as the Catholic scandal was building up steam to rumble full speed ahead for a national contingency lawyer windfall, I did not expect that the world’s largest secular newspaper would publish so openly against the tide — or tidal wave — of typical media coverage of claims against priests while most in the Catholic media remained silent. With the exception of Father Richard John Neuhaus in First Things and The Catholic League in Catalyst, and the Catholic World Report, the Catholic media — on both the left and the right — continued to remain silent about false claims against priests brought for money, or, worse, they have used the clergy scandal for some agenda of their own.

And of Michael Jackson, writing in The Nation, (“The Love We Lost”), JoAnn Wypijewski wrote that

“Ordinary rules of judgment have been suspended” in this sound-bite culture of news that shapes most peoples’ views on sex and the accused:

“[I]t  cannot matter that Michael Jackson was acquitted of child molestation, since he was frequently remembered in death as a pedophile… just as it cannot matter whether others who plead guilty to a sex charge really did it, or whether evidence to convict was nonsense, or whether the guilty served their time. They can never ‘pay their debt to society.’ Guilt is the presumption, forever.”

JoAnn Wypijewski went on to describe the case of the priest convicted in a trial in which the sole “credible” evidence presented to the jury was the mere fact that he is a priest — that, and a claim of repressed and recovered memory, the legitimacy of which is always questioned when the accused is not a priest.  In an all-too familiar twist, that priest’s bishop added his own sound bite by administratively dismissing the priest from the priesthood just before the sham of a trial.

JoAnn Wypijewski also bravely wrote about me just as the fiasco film, “Spotlight” was receiving its Academy Award for Public Service. Her ground-shaking article was “Oscar Hangover Special: Why "Spotlight" Is a Terrible Film.”

After what has now exceeded $4 billion in total mediated settlements nationwide, the matter of false claims is the elephant in the sacristy that no one wants to talk about. At the same time, our beleaguered Catholic bishops present case after case as “credible” despite knowing exactly what that term means and does not mean.

The “credible” standard Catherine Coy applied to Michael Jackson is admirable and hopeful. Ms. Coy’s fair-minded attitude about Michael Jackson is the polar opposite of what is now applied to Catholic priests.

There is no mechanism whatsoever beyond preserved DNA or an admission of guilt that would serve as evidence that a priest accused from decades ago is guilty. There is no investigation technique that could determine the credibility of such claims. What makes most claims against priests “credible” is the fact that someone — not them — has paid money to an accuser. Nothing else. Catholics should take note of the efforts by Michael Jackson fans to revisit credibility despite financial settlements which, in the secular world, are merely designed to make the claim go away with no statement of culpability.

For my part, I can only remember the famous scene early in Michael’s trial during which he danced on the hood of an SUV outside the court to the wild cheers of fans. Michael sure was a strange guy, but the dance gave me pause. Having been through such a trial, I know its oppression. That dance was surely the act of a delusional man …

… or perhaps an innocent one.

Note from Fr Gordon MacRae: Thank you for reading and sharing this post. Your comments are most welcome, but they are moderated, so they may not appear instantly. You may also like these related posts from Beyond These Stone Walls.

Due Process for Accused Priests, Catalyst, July 2009

In the Diocese of Manchester, Transparency and a Hit List

David Clohessy Resigns SNAP in Alleged Kickback Scheme

The Wall Street Journal on the Case of Fr Gordon MacRae

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.”

I Know Why the Caged Bird Sings Some Older Songs

The Covid pandemic nearly ended this blog by a priest in prison. From under its wreckage came something new, but catching up and keeping up is a steep uphill climb.

November 29, 2023 by Fr Gordon MacRae

I will always be grateful to the Catholic League for Religious and Civil Rights for seeing past the myths and agendas about the sexual abuse crisis in the Church. They got to the truth, and boldly exposed it in Bill Donohue’s recent book, The Truth about Clergy Sexual Abuse. If you are not a member of the Catholic League, please consider joining. It has done much to support the religious liberty of Catholics and has defended the reputations of Catholic priests falsely accused, including mine.

Most of our readers know that this blog began in the summer of 2009 as These Stone Walls. I had been invited by Bill Donohue to submit an article for the monthly Catholic League journal, Catalyst. My first published piece from prison was rather bluntly but truthfully titled, “Sex Abuse and Signs of Fraud.”

It was published in November 2005 just six months after Dorothy Rabinowitz and The Wall Street Journal published a major two-part exposé about the fraudulent case against me. Together, these articles caused a bit of an uproar with denunciations coming from the activist group, SNAP, the Survivors Network of those Abused by Priests. It was out of fear of the relentless public condemnation of accused priests that our due process rights severely eroded while most in the Church maintained a self-preserving silent distance. That tide changed just a little when the Catholic League published “SNAP Exposed.” After terrorizing priests and bishops for two decades, SNAP president David Clohessy resigned after exposure in a kickback scheme.

Besides Bill Donohue, some other high profile Catholics — though they were few — also took courageous positions in spite of ridicule. Cardinal Avery Dulles sent words of encouragement, the first I had ever heard in prison from any prelate or priest: “Your article is an important one, and hopefully will be followed by many others. Your writing, which is clear, eloquent, and spiritually sound, will be a monument to your trials.”

However, one Catholic blogger took umbrage with that. He need not be named now, but he published a mean-spirited criticism of Cardinal Dulles, chastising him for reaching out (technically, reaching “in”) to a convicted priest in prison. When it was read in Australia, a writer there urged me to allow her to start a blog in my name. At about the same time, Father Richard John Neuhaus published an influential editorial about my trial in First Things magazine entitled, “A Kafkaesque Tale.”

One month later in 2008, Cardinal Dulles asked in a letter to me in prison that I consider “adding a new chapter to the volume of Christian writing from those unjustly in prison.” He asked that I add to the voices of some who had already become my spiritual heroes: St. Maximilian Kolbe, Fr Walter Ciszek, Fr Alfred Delp, and Dietrich Bonhoeffer. If Cardinal Dulles were to make this request today, he would surely add Cardinal George Pell. All had inspired me. All had become a part of my life in prison.

Then Cardinal Dulles died on December 12, 2008, the Feast day of Our Lady of Guadalupe. His good friend, Father Richard John Neuhaus, who joined him in eternal life just three weeks later, eulogized him in First Things: “We thank God for love’s fire that burned to the end, and we pray that the truth to which he bore tireless witness, is now opened to him in the fullness of the Beatific Vision for which he longed with nothing less than everything.”

Thus These Stone Walls was born in 2009. It was my friend, Pornchai Moontri who suggested its name from a 17th Century poem, “To Althea from Prison,” by Richard Lovelace:

Stone walls do not a prison make,
Nor iron bars a cage;
Minds innocent and quiet take
That for an hermitage;
If I have freedom in my love,
And in my soul am free,
Angels alone that soar above
Enjoy such liberty.

This blog began in conflict but it also began in friendship. What started off as a negative slur against me and Cardinal Dulles turned into something life-changing, for both me and others. I recently recalled this story with my friend, Pornchai Moontri, who is now free in Thailand, but struggling to reclaim the life that was long ago taken from him. On September 23, to mark the start of my 30th year unjustly in prison, Pornchai wrote a deeply moving post about what happened to both of us and what this blog has accomplished in our lives. It made me cry. It also many of our readers cry, but not all tears are tears of sorrow. Pornchai’s post was, “On the Day of Padre Pio, My Best Friend Was Stigmatized.”

Some Older Songs Must Now Be Sung Anew

My apologies and thanks to the great Marguerite Johnson for lending me a title for this post from I Know Why the Caged Bird Sings, her acclaimed 1970 autobiography. Born in St. Louis, Missouri in 1928, Marguerite began writing under the pen name, Maya Angelou at age 25 in 1953, the year I was born. She went on to become a celebrated American poet, novelist, screenplay writer, actress, film director, and an icon of the American Civil Rights movement. Her writing began in trauma, as did mine, and her trauma was followed by seven years of silence. During those seven years, Maya Angelou did not speak at all.

Some of our readers have seen the graphic atop this post before. As the Covid pandemic engulfed the world in 2020, writing from my present location became difficult to the point at which I was almost effectively silenced. Then, after publishing over 500 posts, These Stone Walls, our earlier version of this blog, collapsed entirely in October of 2020 as Covid shutdowns swept the world, and swept away my ability to write and publish from prison.

At the same time my writing from prison was collapsing, my friend Pornchai Moontri was spending five horrible months awaiting deportation in ICE detention packed 70 to a room during the worst of the Covid pandemic. I wrote of what happened in our first post for the newer version of this blog which we renamed, Beyond These Stone Walls. Posted on November II, 2020, I described the loss of our earlier blog in “Life Goes On Behind and Beyond These Stone Walls.”

Then this caged bird began to sing again — and without that awful mask! Now here we are, three years later, and we are running into a problem for which I need your help and patience. When These Stone Walls collapsed in 2020, we left behind more than 500 past posts that now exist in a sort of archival limbo uploaded to a computer in New York. They need to be restored one by one and then reformatted to fit the host venue at Beyond These Stone Walls. This is a time-consuming process and, as you know, I can do none of it myself. I have no access to a computer or the internet and have never actually even seen this blog.

Longtime readers may have noticed that some posts in the last month or two seem vaguely familiar. Some — especially posts about Sacred Scripture which readers seem to appreciate — follow the Church’s three-year liturgical cycle for Mass readings. For special feasts and observances, I have been asking our editor to retrieve a past post to restore and update it for posting anew. Sometimes these posts are updated to the point at which they are entirely new. Occasionally, readers note that a post seems to have been “recycled.”

Our volunteer editor spends many days preparing my new posts for publication by embedding links and choosing graphics — sometimes even creating new and inspiring graphics from scratch. It would not be possible for her to format and publish new posts while also trying to restore more than 500 older posts one by one. I resolve part of the problem by occasionally restoring a relevant older post and then posting it anew. But they are not simply “reruns.” These restored posts go through a lot of re-editing with new and updated content.

Over the last year or so, many readers have asked me to consider editing our past posts into a book format for a published journal similar to the three-volume Prison Journal of George Cardinal Pell. I don’t think I have written anything worthy of such a project, but the bigger problem is that nearly everything I have written over the I4-year life of this blog has been for an electronic format. It would be a massive effort for even an experienced editor to accomplish the task of converting over 500 blog posts for publishing in a book. I cannot even see my own blog and have no access to past posts beyond what is in my own mind, so I could accomplish none of this myself.

God Alone Knows What the Future Holds

Two years ago, I thought that any hope for justice in my life was a ship that had long since sailed. You may have read of our experience with New Hampshire judges who have simply declined to review any new evidence or witnesses in this matter. Ryan MacDonald wrote of this in “A Grievous Error in Judge Joseph Laplante’s Court.”

Then at the beginning of 2022 Ryan MacDonald also wrote of a new development in, “Police Misconduct: A Crusader Cop Destroys a Catholic Priest.” Along with that came a new hope for justice, but it is justice against the tide and there are many people with nefarious agendas committed to preventing it.

However, I have declined to allow any fundraising toward this end. Many of our readers contributed generously to an appeal effort several years ago only to have it dashed in the end by New Hampshire judges who declined to hold hearings in the matter. We described how and why this was so in “Why This Falsely Accused Priest Is Still in Prison.” In the arena of justice, little has changed since then except perhaps in the court of public opinion.

I also know that all of our readers endured the same financial burdens I did during the long pandemic shutdown worldwide. Other countries have suffered much more than America did. In recent days, I have learned that some 24 young men from Thailand — who sought migrant labor in Israel to support their families — are now held captive by Hamas terrorists in tunnels under Palestine. As I write this, 10 have been released back to the Thai government after spending six weeks in hellish captivity underground. Many more of these young workers from Thailand were slaughtered by Hamas terrorists on October 7. I plan to write more about this soon. These innocent bystanders had nothing to do with the issues behind their captivity. They are captives of terrorists now only because they are poor.

But I cannot now shun all fundraising without also silencing my own voice. Toward the end of each year, fees for our platform and domain come due along with fees from a few services that help in the management of this site. Along with those costs, I must also, at this time, order Mass supplies and typing ribbons for the coming year. And I have to eat and replace some tattered clothing. Prisoners must also provide a co-pay for medical services. And, as many of you know I sacrifice to continue assistance to my friend, Pornchai, who could have easily been among those who were killed or in captivity in Gaza as they sought migrant work to support themselves and their loved ones.

So in the month before Christmas each year, I count on our readers for help, if able. Please visit our “Contact and Support” page for how. Thank you for considering this.

I was a Beatles fan as a youth in the 1960s. They were radical then but now they are just “old school.” Several years after the 2001 death of George Harrison, a group of musicians from that era led by Paul McCartney and Ringo Starr appeared in a tribute to George Harrison on PBS. It featured many of the songs Harrison wrote for the Beatles and others. One of them was the haunting ode, “All Things Must Pass.”

The song depressed me at first, but now it inspires me. What kind of world would this be if none of us ever left it behind? This humble blog must also one day pass. I am not Jesus so my words will all one day pass away. But in the meantime, there is Truth to be told for as long as I have a voice and a forum to tell it. Unlike most Catholic blogs, this one comes to you in spite of many hurdles.

There are hopeful signs still, including a resurgence of interest in the matter of justice. And as for this Voice in the Wilderness, there is new interest there as well. The popular Catholic site, GloriaTV established a page to present some of my posts which has increased traffic to BTSW substantially.

However, no one brought more timely meaning and light to these pages than the late Cardinal George Pell of Australia. A white martyr for the cause of truth and justice, his voice seems louder and clearer now than ever. It was most recently heard in my post, “Pell Contra Mundum: Cardinal Truth on the Synod”

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Note from Father Gordon MacRae: If you have not already done so, please share my recent post, “Pell Contra Mundum: Cardinal Truth on the Synod” which also addresses the recent plight of Bishop Joseph Strickland which has roiled the entire Church.

The late Cardinal Avery Dulles and Father Richard John Neuhaus, who passed from this life just three weeks apart, and just as this blog which they spawned was beginning.

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.”

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

One of our Patron Saints, Saint Maximilian Kolbe, founded a religious site in his native Poland called Niepokalanow. The site has a real-time live feed of its Adoration Chapel with Exposition of the Blessed Sacrament. We invite you to spend some time before the Lord in a place that holds great spiritual meaning for us.

Click or tap the image for live access to the Adoration Chapel.

As you can see the monstrance for Adoration of the Blessed Sacrament is most unusual. It is an irony that all of you can see it but I cannot. So please remember me while you are there. For an understanding of the theology behind this particular monstrance of the Immaculata, see my post “The Ark of the Covenant and the Mother of God.”

The Duty of a Priest: Father Frank Pavone and Priests for Life

In a bombshell report, Fr. Frank Pavone of Priests for Life and the most visible pro-life priest in America has been dismissed from the priesthood by Pope Francis.

December 18, 2022 by Fr. Gordon MacRae

Note from Fr. Gordon MacRae: In a bombshell report that I learned of only today it seems that Fr. Frank Pavone, Director of Priests for Life and the most visible pro-life cleric in North America has been dismissed from the clerical state by Pope Francis. At this juncture, the dismissal is both inconceivable and unexplained. Fr. George David Byers wrote of it with some attachments today.

I plan to postpone further comment on this troubling development for pro-life Catholics until there is further clarification from Rome, if ever. Of interest, I wrote this post about Fr. Frank Pavone and his struggles eleven years ago. Much that I described in this post has now come to pass. I have never been more sorrowful for being right. Please pray for Fr. Pavone and Priests for Life.

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For about a year now, Beyond These Stone Walls has had a link to Priests for Life, one of the strongest and most vocal pro-life organizations with oversight from the Catholic Church. So when news began to circulate that Father Frank Pavone, director of Priests for Life since 1993, was “recalled” to his diocese — the Diocese of Amarillo — I paid attention, as did many.

Before commenting on the justice or injustice of what has occurred to date in this matter, however, I must comment on the context. It has become clear to me even from behind these stone walls that not all is as it seems. Generally, a matter such as this would generate some dialogue within the Church, perhaps even in the Catholic media, but that would be the extent of its interest. This matter between Father Frank Pavone and Amarillo Bishop Patrick Zurek, however, has also become fodder for comments in the secular media providing fuel for the speculation and controversy now surrounding Father Pavone.

What exactly is the controversy? Father Frank Pavone has been recalled to his diocese, the Diocese of Amarillo, Texas, by his bishop. Father Pavone has been neither suspended nor disciplined for any cause. A Catholic News Service account included some clarification of this by Msgr. Harold Waldow, Vicar for Clergy in the Diocese of Amarillo:

“Father Frank Pavone, national director of Priests for Life, remains a priest in good standing in the Diocese of Amarillo, Texas. … Msgr. Harold Waldow told CNS that Bishop Patrick J. Zurek only suspended Father Pavone’s ministry outside of the diocese because the well-known pro-life priest is needed for work in Amarillo.”

— Catholic News Service, Sept. 14, 2011

But there remains some taint upon Father Pavone. This matter between a priest and his bishop has become a matter of public dispute, and that itself is a violation of Father Pavone’s rights under Church law. After writing a letter to the nation’s bishops describing his suspension of Father Pavone’s ministry outside his own diocese, the bishop reportedly released the letter publicly. That seems to be what sparked their differences thrusting this matter into a public forum, but without any clear allegation of wrongdoing.

Brian Fraga wrote an informative article about this in Our Sunday Visitor (“Pro-life priest ‘baffled’ by bishop’s shutdown,” OSV, October 2, 2011). He cited the broad support that has emerged for Father Pavone including from the Priests for Life Board of Directors, from the National Pro-Life Council, and other corners. Dr. Alveda King, niece of the late Rev. Martin Luther King and a staunch pro-life advocate, has released a powerfully supportive statement about Father Pavone and Priests for Life.

I have believed from the outset that the hype about all this has little to do with Father Frank Pavone and Bishop Zurek. It has to do with Priests for Life and its vocally Catholic pro-life stance. There is an agenda out there — an agenda with tentacles that have reached deeply into the arena of Catholic life — that would be encouraged by the diminishment or outright destruction of the Church’s pro-life ministry. In this entire matter, it is not only Father Pavone whose reputation is on the line. It is also the Church’s pro-life stance, consistently undermined by those who want compromise with a secular agenda in the culture war.

The demise of Priests for Life would be a great trophy for that agenda. I am no conspiracy theorist, but I can’t help notice that this story is unfolding nationally just as a Presidential Primary is taking shape, and the culture war is gearing up for battle.

Resisting Secular Sabotage

In a chapter entitled “Self-Sabotage: Catholicism” in his book, Secular Sabotage (Faith Words, 2009), Catholic League President Bill Donohue pointed out that dissent in the Church’s pro-life ministry is not as simple as some trendy left-wing Catholics promoting abortion. Very few people of even the remotest Christian persuasion actually promote abortion as a societal good. What Bill Donohue pointed out was something much more subtle. There is a growing consensus among left-wing Catholics that the Church has simply lost the battle for life and should just move on.

Please note here that I do not use the term “left-wing Catholics” in any derogatory sense. I spent much of my life and ministry squarely in that camp. So did Father Richard John Neuhaus and Cardinal Avery Dulles, two exemplary Churchmen to whose memory we have dedicated Beyond These Stone Walls. Their drift to the right is far more a story of their embracing the great adventure of orthodoxy to the Magisterial authority of the Church — an authority that took precedence for them above any trendy political ideology.

My own drift away from the left followed their same example. It marked the official end of my adolescence that the life of the Church took precedence over my own sometimes highly misinformed publicly dissenting points of view.

Part of the agenda among the more radical wing of the Catholic left has been to get about the business of removing any Magisterial authority from our faith experience. The goal is to  carve out a distinctly American Catholic church with identifiably American Catholic values that mirror the now disintegrating American wing of the Church of England, the Episcopal church. But that’s a whole other blog post for some other day — such as next week, perhaps.

It’s time for American Catholic liberals to see and admit that their own views and causes are being hijacked by this radical wing. For them, organizations like Priests for Life are seen as an anachronistic hindrance to social progress. A nice little scandal undermining Priests for Life would be most welcomed in some circles right about now, not least among them some purportedly Catholic circles.

But there isn’t a scandal. Father Frank Pavone has not been accused of anything, though I do worry about his extreme vulnerability. There are agendas at work even in our Church that would be bolstered by the destruction of Father Pavone, his career, and his reputation. That fact must be a part of the equation as Catholics evaluate this story. Father Frank Pavone first was a target long before he was a suspect.

I have a personal example of how this works right here at Beyond These Stone Walls. For over two years now, BTSW has presented the views of a priest claiming to be falsely accused and wrongfully imprisoned. So much of what I have written has been in direct confrontation with the agendas and claims of victim groups like SNAP and Catholic “reform” groups like Voice of the Faithful. Some of my postings about the Catholic League report, “SNAP Exposed” have been confrontational. My three-part series, “When Priests Are Falsely Accused” made a very controversial case for why accusers should be named. Nothing flies in the face of the cult of victimhood like that particular point of view.

But very few people disagreed with me or attacked these statements and positions. At first, I wondered if these controversial posts were even noticed, but then I learned they were widely disseminated. Even the Spanish-language news network, Univision, posted links to “When Priests Are Falsely Accused” on their website, as did National Public Radio and many international secular sites. Very few people disagreed with me or attacked these posts.

The very worst attack — though a rather wimpy one — was a one-line comment from SNAP director, David Clohessy. Commenting on the Spero News version of my BTSW post, “Due Process for Accused Priests?” David Clohessy called me “a dangerous and demented man.” Maybe he didn’t read “Sticks and Stones: My Incendiary Blog Post on Catholic Civil Discourse.”

But in contrast to the lack of any real attacks on Beyond These Stone Walls was a barrage of nasty e-mail attacks when I posted a clearly pro-life article, “The Last Full Measure of Devotion: Civil Rights and the Right to Life” last January. I got clobbered. Some of the messages called me all sorts of names, denounced Beyond These Stone Walls, and denigrated those who assist me as its editors. It was perfectly okay with these people if I remind Catholics that some priests are falsely accused and some Americans are wrongly imprisoned. But how dare I use a Catholic blog to post a reasoned and thoughtful defense of the Catholic Church’s pro-life position and why it should not be compromised?

So that’s it then. I can write that a lot of men and women have committed fraud by falsely accusing Catholic priests of decades-old abuses. I can write that some of our bishops have been unwittingly complicit in this fraud and have left their priests vulnerable by blindly settling virtually every claim. I can even write that some of the purported “victims” are in fact criminals who should have their names and their claims exposed before any real due process and justice can take place. Not many on the left or right had much to say in response to any of that. But when I wrote about why abortion is a basic civil rights issue, some Catholics called me a “predator priest who should be silenced by the Church.” One writer called for prison officials to confiscate my typewriter.

It all reminded me of a troubling conversation I had with a prisoner two years ago. He was a career criminal; a gangster, a thief and a thug, who came to my  door one day. “I have a question,” he said:

“Can you explain to me why all these Catholics can say they are protecting children when they scream about 30 or 40 year old claims of child abuse, but then have nothing to say about the fourteen million American babies sacrificed in abortions in just the last decade?”

It’s a hard question for which I have no answer. But I explained to him that no one in our Church will call him a gangster, a thief, or a thug unless he asks a question like that too loudly.

This was when I really came to admire Father Frank Pavone. I became aware of how visible the target on his back really is. As I wrote two weeks ago at the end of “Thy Brother’s Keeper,” I bow to Father Pavone’s faithful witness to both the truth and to his duty as a priest which is to preserve both his obligations and his rights under Church law. The bottom line is that anyone who thinks his bishop is going to protect his rights has not been paying attention in the last ten years.

Bishops as Prosecutors

I cannot speak to the internal disagreements between Father Frank Pavone and Bishop Patrick Zurek. I know none of the details. But I can speak in a broader sense of the necessity for any priest in the current climate to preserve his rights under Church law. I can only relate some of what transpired with my own bishop in a canonical proceeding to shed light on some of what may be happening behind the scenes in the Diocese of Amarillo.

Father Pavone came under recent attack in some circles because his bishop scheduled a personal meeting which Father Pavone declined to attend. There were some people — some very well intentioned — who saw in this some shades of culpability on the part of Father Pavone, using it to cast suspicion on his own transparency and desire to cooperate with his bishop.

It is likely, however, that Bishop Zurek has declined to allow a meeting to take place with Father Pavone’s Canonical Advocate present. I do not know this for certain, but I have read that Father Pavone’s Canonical Advocate has requested mediation in this matter between Father Pavone and his bishop. It was apparently on the advice of the Advocate that Father Pavone declined to meet without his Advocate or a mediator present. Both Father Pavone and his Canonical Advocate, Father David Deibel, J.D., J.C.L. have come under some public fire for this.

Church Law insists that any priest in a canonical forum has a right to advocacy. I stand by what I wrote in “Thy Brother’s Keeper’:

“I bow also to Father Pavone’s resolve to protect his rights under the higher authority of the law of the Church, for the [Dallas] Charter makes one thing clear now: Some bishops will neither protect nor respect those rights.”

I speak from experience. Throughout the last decade of attempting to defend myself before both a court of law and a court of public opinion, I have also had to simultaneously defend myself against a one-sided effort by my bishop to bring about a canonical dismissal from the priesthood with no defense whatsoever offered by me. Throughout this process, my bishop has steadfastly refused to meet or even converse with my Canonical Advocate regarding the matter of preserving my rights under Church law.

Far worse, when my bishop learned that I am seeking an opportunity to bring forward a new appeal of my conviction, my bishop hired his own lawyers to conduct a secret evaluation of my trial to present in Rome and circumvent my own efforts to defend myself. He has repeatedly refused to share with me or my Canonical Advocate the findings of that secret assessment.

My bishop has acted throughout in the role of a prosecutor, but it’s even worse than that.  In America, prosecutors are required to turn over to the defense the nature of charges and any evidence that supports them.  When I tried to assert my rights under Church law in this matter, my bishop responded with silence and has remained silent ever since.

I believe I could safely say that every organization formed on behalf of priests to assist in protecting their rights under Canon Law would now state that no priest in even a hint of an adversarial circumstance with his bishop should ever agree to a one-on-one meeting without his Canonical Advocate present. It would not only be foolish, it could be destructive. It would be akin to a prosecutor demanding to meet privately with a defendant without his lawyer present.

As the priesthood crisis became critical in 2002, Cardinal Avery Dulles gave bishops and priests a clear reminder of their rights and obligations under Church law.  His fine article, “The Rights of Accused Priests” is reprinted under “Articles” on Beyond These Stone Walls. Given these rights and obligations, I admire that Father Pavone is determined to resolve this matter in unity with his bishop. No bishop can in justice order him or any priest to set aside his rights under Church law.

Complicating my own comments on this matter is the fact that Father Frank Pavone and I have the same Canonical Advocate in the person of Father David L. Deibel, J.D., J.C.L. who has broad training and experience in both civil and Church law. He, of course, has not discussed the Father Pavone matter with me at all. He is an accomplished professional motivated by the law and an impeccable set of ethics.

But Father Deibel has come under some highly unjust fire because of his advocacy for me. Some have used this to try to impugn his reputation and undermine Father Pavone’s own canonical defense. In truth, Father David Deibel was the sole Church official to appear at my trial and sentencing over seventeen years ago. He traveled from California at his own expense to do this. At the time I was sentenced by Judge Arthur Brennan to 67 years in prison, Father David Deibel was one of only two people in that courtroom with the moral courage and personal integrity to speak the truth, despite knowing that there was a price to pay for it. Father David Deibel was one of the heroes in my case, and the extent to which this is true will very soon be placed into public view. There is a lot more to come in this regard, and it is indeed coming.

Meanwhile, the Church owes Father Frank Pavone the right of defense — and respect, support, and encouragement for his tireless voice on behalf of those who have been denied one. Click here for Father Frank Pavone updates.

A Reporter’s Bias Taints the Defense of Fr Gordon MacRae

Ignoring exculpatory evidence and more honest media coverage, a writer’s selective reporting undermines the defense of a priest wrongly imprisoned for 28 years.

October 5, 2022 by Ryan A. MacDonald

Editor’s Note: The image above depicts Keene, NH Detective James McLaughlin whose investigation of an early 1980s sexual assault case resulted in the wrongful imprisonment of Fr. Gordon MacRae. The following is a guest article by contributing writer, Ryan A. MacDonald. His most recent post in these pages was “Police Misconduct: A Crusader Cop Destroys a Catholic Priest.”

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Writing for InDepthNH, a New Hampshire online news venue, reporter Damien Fisher presented a negligent and entirely biased overview of the case against Fr. Gordon MacRae. On the one hand, it represented well that Keene, NH Detective James McLaughlin, who orchestrated the case against MacRae, is now exposed for falsifying records, tampering with evidence, and other misconduct which contributed to wrongful convictions.

On the other hand, a recent article by Damien Fisher obfuscates any future defense of MacRae with content that has already been debunked by more balanced investigations in The Wall Street Journal and elsewhere. (See our page on The Wall Street Journal.) Fisher’s article includes only the one-sided claims of a 2003 Grand Jury Report that a New Hampshire judge has already determined to have been published without merit or justice. Here is what Judge Richard McNamara wrote regarding the content of that report:

“[The 2003 Grand Jury Report on the Diocese of Manchester] fulfilled none of the traditional purposes of the common law grand jury. Rather than investigation of crime, the report is a post hoc summary of information the grand jury considered but did not indict on. A grand jury report that does not result in an indictment but references supposed misconduct results in a quasi-official accusation of wrongdoing drawn from secret ex parte proceedings in which there is no opportunity available or presented for a formal defense. ... Such a grand jury report is not far removed from, and no less repugnant to traditions of fair play than lynch law.”

— NH Judge Richard McNamara, August 12, 2019, In re: Grand Jury, No. 217-2017-CV-00382

Much of the content of the 2003 Grand Jury Report was generated in one-sided claims for settlement money and handed over to the State by Diocese of Manchester official Reverend Edward J. Arsenault. While settling without due process some 250 abuse claims against priests of the New Hampshire Diocese dating back 30 to 50 years, Arsenault was later charged and convicted of financial crimes in the amount of nearly $300,000 used to secretly support a relationship with a young gay musician. Now dismissed from the priesthood, he has a new name, Edward J. Bolognini. For some reason, he has been given a pass in Damien Fisher’s account.

The U.S. Department of Justice has recently disclosed an ongoing investigation into over $45 billion in fraudulent claims to reap benefits related to the Covid 19 pandemic. After the massive Gulf oil spill several years ago Exxon Oil Company had to establish a fraud task force to separate valid claims of damages from the billions of dollars in fraudulent ones. What makes anyone think that the Catholic abuse story has been spared such fraud?

This all requires a response. Today and over the next few weeks in these pages, David F. Pierre, Jr. of The Media Report.com, Catholic League President Bill Donohue and I will continue this rebuttal of that one-sided material. I hope readers of this blog will share this information widely to give this truthful side of the MacRae story the attention it deserves. Anything less is to contribute to what Dr. Bill Donohue called “a travesty of justice.”

Conflicts of Interest

In reporting on the MacRae case, however, Damien Fisher also has a conflict of interest. His wife is a columnist for Parable magazine, the official publication of the Diocese of Manchester, Father MacRae’s estranged diocese.

The Parable Managing Editor is Kathryn Marchocki, formerly a reporter for the statewide newspaper, New Hampshire Union Leader. In that capacity, Ms. Marchocki covered the 1994 MacRae trial and the 2003 Grand Jury Report on the Diocese of Manchester.

In early 2003, just before the New Hampshire Grand Jury Report was released to the public, Kathryn Marchocki met with Fr. MacRae at the New Hampshire State Prison. He presented her with a large amount of documentation that challenged the hyped contents and accusations in that one-sided report. Ms. Marchocki reportedly told the priest that his information is compelling, “but New Hampshire news media and my paper in particular are so anti-Catholic my editor will never let me write about this.”

Nonetheless, she asked MacRae — then in his ninth year in prison — to send her everything he had. He did, but never heard from Ms. Marchocki again. Now she is the editor of the Diocese of Manchester news magazine in which Damien Fisher’s wife is a columnist appearing in the monthly publication just opposite the musings of Father MacRae’s bishop, Most Reverend Peter A. Libasci, who himself now stands accused in a sexual abuse civil lawsuit in the State of New York. (See “Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo.”)

Readers are likely aware of developments in the matter of former Keene, NH Detective James McLaughlin and his brief appearance on the Attorney General’s “Laurie List,” also called the Exculpatory Evidence Schedule. When the first rumblings about rampant dishonesty on the part of Detective McLaughlin began to appear in 2021, I personally reached out to Damien Fisher with a concern that the Father MacRae case had not been properly investigated and did not receive a fair trial.

Mr. Fisher shot back immediately with a verbal attack. He declared MacRae to be guilty based solely on untried rumor, innuendo, and uncorroborated claims for monetary settlement, such as those brought without trial in the discredited 2003 Grand Jury Report. He offered nothing that could be interpreted as evidence. I offered to send Mr. Fisher some compelling documentation that challenged his narrative, but I received this final message in reply: “Stop! I do not want to see anything you send. My mind is made up!” So much for journalistic integrity and objectivity.

Father MacRae in 1983, the time of the alleged charges (Courtesy of The Wall Street Journal)

A Pornographic Priest?

Much of Mr. Fisher’s current media coverage of MacRae centers on a claim that the priest produced pornographic photographs and videos of his accusers. The truth about this is in plain sight right at Mr. Fisher’s fingertips, but he omitted it. The accusation of creating pornography was first lodged by Detective McLaughlin himself in 1988. He had no evidence for it beyond a claim that he choreographed and promoted for a civil lawsuit involving an individual named Jon Plankey described in McLaughlin’s report as his “employee in a family-owned business.”

The first accusation elicited by McLaughlin was that MacRae had attempted to verbally solicit the teen. It was only after some evolution that a more substantial — and more lucrative — claim emerged that MacRae took photographs of the youth. McLaughlin actually wrote in his report that these claims will be the basis for a civil lawsuit against the Catholic Church. The lawsuit was settled without question by MacRae’s diocese over his strenuous objections.

The pornography accusation later weighed heavily in Father MacRae’s 1994 trial and sentencing in an unrelated case, that brought by accuser Thomas Grover. When sentencing the priest to life in prison, Judge Arthur Brennan cited MacRae’s “aggressive denials of wrongdoing [and] the evidence of child pornography is clear and compelling.”

But none of it ever happened. In 2005, Dorothy Rabinowitz at The Wall Street Journal investigated this entire case for her extensive report, “A Priest’s Story,” which served as a factual refutation of much of the content appearing in the 2003 Grand Jury Report. The accuser in the pornography matter, then in his 20s, declined to answer any questions, but Ms. Rabinowitz questioned Detective McLaughlin about the “clear and compelling” evidence of child pornography. The detective was cornered, and admitted,

“There was never any evidence of pornography.”

— Detective James McLaughlin

This information was available to Damien Fisher, but if he found it he could not continue the pornography victimization narrative, so he apparently never bothered to look.

There is a lot more to that story. In 1988, McLaughlin interviewed MacRae about Plankey’s claims for four hours on tape. McLaughlin, as was his practice, wrote reports claiming several admissions by MacRae that the priest says today were never made. MacRae insists that those claims could not possibly be on the tape. Later, when MacRae faced trial in 1994, the judge ordered all tape recordings turned over to his defense. Neither MacRae nor his lawyer ever received a single one. McLaughlin claimed, under oath in sworn Interrogatories, that the tapes in question were accidentally taped over for another case and the transcripts he cited were never made due to “clerical error.”

Eleven years later in 2005, McLaughlin apparently forgot his earlier perjury and sent that tape to The Wall Street Journal : Dorothy Rabinowitz wrote of how McLaughlin badgered MacRae again and again to plea to a misdemeanor of attempting to endanger a minor, but without legal representation. Here is her 2005 report about the tape:

“Fr. MacRae, summoned to meet with Detective McLaughlin, was informed that there was much more evidence against him, that the police had an affidavit for an arrest, and that it would be in everybody’s best interest for him to sign a confession. On the police tape, an otherwise bewildered-sounding Fr. MacRae is consistently clear about one thing — that he in no way solicited the Plankey boy for sex or anything else. ‘I don’t understand,’ he says more than once, his tone that of a man who feels that there must, indeed, be something for him to understand about these charges that eludes him.

“He listens as the police assure him that he can save all the bad publicity. ‘Our concern is, let’s get it taken care of, let’s not blow it out of proportion... . You know what the media does,’ they warned. He could avoid all the stories, protect the Church, let it all go away quietly.”

— The Wall Street Journal, “A Priest’s Story”

From here on the recording was shut off. MacRae says the badgering went on for another three hours. The priest had never before been in such a situation. When he asked if he should consult a lawyer, the detective reportedly said, and today denies saying it, doing so “will only muddy the waters.” In the end, MacRae signed the paper without legal counsel just to end this. In concluding the matter, McLaughlin wrote a press release: “Though no sexual acts were committed by MacRae,” it noted, “there are often varied levels of victimization.” Indeed there are!

In his police report on this matter, Detective McLaughlin wrote that Plankey worked for him in a family-owned business. Plankey’s mother was also an employee of the Keene Police Department. Before MacRae even knew about the claims, The Wall Street Journal reported, MacRae’s diocese received a call from Mrs. Plankey informing officials there that MacRae was being investigated on solicitation charges and a quick out-of-court settlement would “avoid a lawsuit and lawyers.”

Ah, but there’s more! This was not Detective McLaughlin’s first use of Jon Plankey to bring down a target. Plankey made an identical set of claims against Timothy Smith, a Keene Congregational church choir director with whom he struck up a relationship. That case was prosecuted by McLaughlin and ended in a similar misdemeanor plea deal. And Plankey accused a local Job Corp supervisor of soliciting him. That was another misdemeanor case pursued by McLaughlin. Then he accused a man who picked him up hitchhiking of soliciting him.

It was only after the above interview that the claim of producing photographs was made. The priest was never charged with this because that would require producing some evidence. Instead, McLaughlin capitalized on it for a civil settlement for Plankey despite later revealing to The Wall Street Journal that the story was contrived and there was never any evidence of pornography. The story nonetheless had a long shelf life. It was used by Judge Arthur Brennan to enhance MacRae’s sentence after trial in 1994.

And it was used by David Clohessy at SNAP, the Survivors Network of those Abused by Priests, to bolster a Crimes Against Humanity charge against Pope Benedict XVI in the International Criminal Court at The Hague. This aspect of McLaughlin’s handiwork was explored by journalist, Joann Wypijewski in “Spotlight Oscar Hangover: Why ‘Spotlight’ Is a Terrible Film.”

The Plankey case was among the files investigated by former FBI Special Agent Supervisor Jim Abbott, a specialist in counter-terrorism. Like most claimants, Jon Plankey took his money from the Diocese and disappeared. When Agent Abbott found him, Plankey refused to answer any questions without a lawyer. I had been writing about this matter and received an email message from Jon Plankey’s brother. Agent Abbott went to interview him and was told that the claims were a scam for settlement money. The brother said there is more to tell, but he, too, wanted money.

The Plea Deal Injustice

Damien Fisher relentlessly referenced Father MacRae’s post-trial acquiescence to a plea deal coerced by circumstances, presenting it as his sole evidence to bolster his implications that MacRae must be guilty. I do not want to belabor this point for I have written about it extensively already. When MacRae was convicted at trial — after Judge Arthur Brennan instructed the jury to “disregard inconsistencies in [accuser] Thomas Grover’s testimony” — he still faced additional “pile-on” charges from Grover’s brothers and two others who had climbed aboard for the inevitable monetary settlements.

When one of the newer accusers learned that MacRae was not likely to take any deal, he left the country to avoid testifying in a trial and he never filed his civil claim. Another accuser groomed by McLaughlin, Keene native Steven Wollschlager, received a summons to appear before a grand jury to indict the priest on a new charge.

Steven later went on to describe that he was solicited by McLaughlin to join other accusers in fabricating claims against MacRae. The enticement was a $50 bill and an assurance that a lot more money could be obtained in a civil lawsuit against the Church. When Steven balked, McLaughlin allegedly pointed out the girlfriend and child Steven had and said that life could be so much easier for them with a lot of money. Steven pondered this, and then agreed. He later described these meetings with McLaughlin:

“It was all about the lawsuits and the money. I was led to believe that all I had to do was make up a story about MacRae like others had done and I could obtain a lot of money. I was using drugs at the time and could have been influenced into saying anything they wanted for money.”

On the way to the court, Steven explained, he found his moral center and could not go through with it. He said that he knew MacRae as a teen and that the priest only tried to help him. He was told by an unnamed court official, “We won’t be needing anything further from you.”

When the trial was over, MacRae was penniless, abandoned by his Bishop and Diocese. He was placed in jail in custody until sentencing and had nowhere to turn. His lawyer resigned, exasperated at the three-ring circus in the trial and the lack of being allowed to put on an adequate defense. McLaughlin and prosecutors then offered MacRae another deal: a concurrent one-year sentence ending all remaining charges to be served simultanously with the sentence yet to be handed down in the Thomas Grover case.

MacRae’s trial lawyer, who left the trial before it was over, told MacRae in a telephone call from jail that he had no choice but to accept the deal. His bishop and Diocese, anxious to provide settlements and be rid of this, had issued a pre-trial press release declaring that the entire Catholic Church was victimized by MacRae. Everyone around him told him he had no choice. He went to the Court men’s room and vomited after entering his negotiated lie. I wrote extensively of this in “The Post-Trial Extortion of Fr. Gordon MacRae.”

All of this — my articles, the extensive coverage by The Wall Street Journal, the investigation by FBI Special Agent Jim Abbott, the polygraph examinations that Fr. MacRae passed conclusively, the findings of the National Center for Reason and Justice now sponsoring MacRae’s defense — has been in plain sight, readily available to Damien Fisher. He opted instead to spread another narrative, and God alone knows why.

There is more still, and it is coming. Perhaps the most egregious “evidence” cited by Damien Fisher came from supposed psychological evaluations of the accused priest. This will be the topic of a follow-up post next week in these pages.

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“In my three-year investigation of this matter, I have found no evidence that Gordon MacRae committed these crimes, or any crimes.”

— Sworn Affidavit of former FBI Special Agent James Abbott

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Editor’s Note: Ryan A. MacDonald has written extensively on the sexual abuse crisis in the American Catholic Church. You may also be interested in these related posts.

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

The Trial of Father MacRae: A Conspiracy of Fraud

The Post-Trial Extortion of Father Gordon MacRae

Be Wary of Crusaders! The Devil Sigmund Freud Knew Only Too Well