Bombshells and Black Ops Defeated Justice in New Hampshire

Keene, NH sex crimes Detective James F McLaughlin is retired but his legacy of bombshells and black ops left a lingering trail of deceit, injustice and ruined lives.

June 26, 2024 by Ryan A. MacDonald

(Editor’s Note: The photo above depicts the Keene, NH Central Square gazebo. Photo: “Keene NH 26” by Alexius Horatius, used under CC BY-SA 3.0 / cropped)

On the day this article is published, a Catholic priest in America will awaken in a prison cell at age 71 in his thirtieth year of wrongful incarceration for fictitious crimes, sans evidence alleged to have occurred in 1983.

Every time I write about this story, my Inbox fills with messages from readers stunned and appalled by the facts of the 1994 trial of Fr Gordon MacRae. A small minority pose questions such as “How do you know he is innocent?” to which I usually reply, “What makes you think he may not be?” Then the tirades begin, but they never answer my question. Those who labor to suppress this case of false accusation preface their answers with statements like, “Priests did terrible things and bishops covered it up!” “We all know these priests are guilty,” and (from a SNAP activist) “The Catholic Church is a child raping institution!”. The prevailing logic here is that the details of this specific case do not matter. Father MacRae went to prison in 1994 for the sins of the Church, the sins of the bishops, and the sins of the priesthood. For too many silent Catholics who just want to move on from The Scandal, that is okay. It is not okay.

Then there are those who trumpet the fact that after Fr MacRae’s trial he pled guilty to other things. It is a favorite chant of the prosecutorial voices in all this which, sadly, include some officials of MacRae’s diocese. But it is true only if one is jaded enough to view the truth in its narrowest sense, disconnected from its factual history. It is not the whole truth. I explored that phenomenon in depth in “The Post Trial Extortion of Father Gordon MacRae,” a previous chapter in this series.

In the trial of Father MacRae, the sole evidence was the word of Thomas Grover, a 27-year-old, 200 pound former high school football player who fell on bad times. Grover had a criminal rap sheet for assault, theft, forgery, and narcotics charges — all kept from the jury by Judge Arthur Brennan. He had a long history of drug abuse, and gained nearly $200,000 for “telling a lie and sticking to it,” as his ex-wife later described his testimony. She also says, today, that he punched her and broke her nose when she questioned his perjury.

And yet throughout this case, with all these factors in plain sight of everyone but the jury, not one person questioned whether this man might be lying for money. Not the zealot Detective James F. McLaughlin who today reportedly responded to the question of injustice with one of his own: “Why didn’t MacRae just take the plea deal?” Not the two prosecutors, one of whom was fired after this trial while the other later committed suicide. Not Judge Arthur Brennan who sent this priest to prison for the rest of his life while citing evidence that no one has ever seen or heard, evidence that never existed. Evidence that Grover was lying for money would have been in plain sight in a legitimate investigation. It emerged only years later in the Statement of Charles Glenn.

Nor was the possibility of lying for money ever openly considered by anyone in the Diocese of Manchester as they wrote six-figure checks to pay Grover and his brothers off. By the time it was all over, Thomas Grover, Jonathan Grover, David Grover and Jay Grover — all adults “remembering” their claims in the same week over a decade later — emerged from the case with combined settlements in excess of $650,000. Father MacRae boldly addressed the nature of such settlements, which continue to this day, in “To Fleece the Flock: Meet the Trauma-Informed Consultants.”

MacRae took, and passed, two pre-trial polygraph (lie detector) tests in this case. Thomas Grover and his brothers never assented to take a polygraph.

In “The Ordeal of Father MacRae,” President Bill Donohue of the Catholic League for Religious and Civil Rights charged that Fr MacRae, “has been treated unjustly by the authorities, both ecclesiastical and civil.” Bill Donohue is not the first Church figure of note to suggest this. The late writer and editor, Father Richard John Neuhaus wrote that this case “reflects a Church and a justice system that seem indifferent to justice.” The late Cardinal Avery Dulles expressed a similar analysis of the case. I do not imagine any of them would blithely suggest that some Church officials — by commission or, more likely, omission — abetted a process in which a priest was wrongly imprisoned less than twenty miles from the Chancery Office of his diocese while denied proper legal assistance and due process for three decades.

Celebrating a Witch Hunt

The truth is worse than you know. During these same three decades , Fr MacRae — and he is still “Father” MacRae — has been forced to divide his less than meager resources to also fight off a simultaneous attempt by his Bishop to have him dismissed from the clerical state based on the fact that he is convicted and in prison. In a commentary for the Homiletic and Pastoral Review, I referred to such forced laicization as “a sort of ecclesiastical equivalent of lethal injection.” To date, that one-sided effort has not yet been successful in the MacRae case, but the effort was initiated by the same bishop who was the subject of this letter from a former official at PBS television:

“I contacted the Manchester Diocese from WGBH… A few weeks later, when I met with Bishop [John] McCormack, the very first words he said to me were, ‘This must never leave this office. I believe Fr MacRae is innocent and his accusers likely lied.’.”

— Letter to Judge Brennan, Oct. 24, 2013

This whole story began with an explosive, slanderous lie. But the question remains, “Whose lie was it?” Bill Donohue wrote that MacRae’s troubles began in 1983 with a vague claim that was investigated, but nothing came of it. In 1985 the same claim surfaced again, was investigated by state officials, and was formally dismissed as “Unfounded.” This story should have ended there, but it was only just beginning.

In September of 1988, Ms. Sylvia Gale with the New Hampshire Division of Children, Youth and Families (DCYF) sent a letter to Keene, NH sex crimes Detective James F. McLaughlin. The letter claimed that she had developed information that before coming to New Hampshire, Father Gordon MacRae was a priest in Florida where “he molested two boys, one of whom was murdered and his body mutilated.” She identified MacRae as the primary suspect in that case, and claimed in the letter that the case remained unsolved when MacRae was sent by Church officials to “Berlen (sic) NH” to avoid that investigation. The Sylvia Gale letter was at best, a bombshell.

The explosive letter went on to claim that this information was passed on to Sylvia Gale by a former employee of Catholic Social Services who claimed to have been told this account by her supervisor, Monsignor John Quinn of the Diocese of Manchester. Ms. Gale’s letter alleged that Msgr Quinn threatened to fire his employee if she divulged this story further. This unnamed Catholic social services worker appears to have also been the therapist who began the MacRae case with the repeated but unfounded claims in 1983 and 1985.

Until 1994, when he received it as part of pre-trial discovery, Fr MacRae was entirely unaware of the libelous letter from Sylvia Gale implicating him in molestation and murder. But in New Hampshire, state social workers, prosecutors, and judges are immune from lawsuits. Nor was MacRae even aware of Detective McLaughlin’s investigation that ensued as a result of the Sylvia Gale letter. He had no idea that Detective McLaughlin, armed with this letter, proceeded to track down every family whose adolescent sons knew Father MacRae at any time during the 1980s. His report describes questioning twenty-six Keene, NH adolescents and their parents while generating little more than gossip and innuendo for most, and the first thoughts of lucrative opportunities for some.

Among those approached by Detective McLaughlin armed with the Florida molestation and murder story in 1988 was Patricia Grover, the mother of accusers yet to come and herself a state social worker in the same child protection agency that employed Sylvia Gale. It appears from the reports that the two had already collaborated about the Florida letter, and Ms. Grover vowed that she would begin speaking with her sons who knew Father MacRae.

One of them, Jonathan Grover, was soon to be discharged from the U.S. Navy for refusing its alcohol intervention program after a drunk driving arrest. Jonathan years later died of an accidental fentanyl overdose at age 48 in Phoenix, Arizona. Another, Thomas, then age 21, had been terminated from his third or fourth stint in residential treatment for drug addiction after he was caught smuggling drugs into the treatment facility. In 1988, these approaches to the Grover brothers yielded no accusations. Five years later, as the prospect of money loomed, they changed their minds.

In regard to the slanderous Florida, claim, Father MacRae had never been a priest in Florida, had never even visited Florida, and had never been assigned in Berlin, NH, as Sylvia Gale’s letter alleged. A simple check with the records of the Diocese of Manchester would have revealed that he was ordained for that diocese in 1982. He spent the previous four years at St Mary Seminary & University in Baltimore, Maryland and the four years before that at St Anselm College in Manchester, NH. Detective McLaughlin ran with the Sylvia Gale letter without ever bothering to check the facts. This is consistent with a reading of all of his reports in the MacRae case and with new witness statements. It appears that McLaughlin skillfully avoided asking questions or pursuing leads that might yield any information contrary to his bias.

I read up to page fifty of Detective McLaughlin’s voluminous, outrageous witch hunt that was his 1988 report before the Florida story emerged again. He learned from unnamed Florida police that the story was bogus and never happened, that there was never a molestation and murder case involving a Catholic priest, and that they had never before even heard the name of Father Gordon MacRae.

However McLaughlin’s report also claimed that another Florida sheriff, a “Sgt. Smith,” revealed that some other priest molested two boys there and was moved by the Church to New Hampshire. “But the names don’t match and your suspect is too young to be that suspect,” McLaughlin quoted the Florida sheriff. His report gives the impression that McLaughlin did not even think to ask for the name of that priest. Officials of the Diocese of Manchester later wrote that no priest ever came to the Diocese of Manchester under those circumstances.

It is of interest in these reports that Fr MacRae was somehow transformed from a “subject” to a “suspect,” but of what? This was never a case in which individuals went to the police with a complaint about this priest. From all the witness statements I have seen, it was McLaughlin who went to them, and it was McLaughlin who suggested that “a large sum of money” could be had by accusing MacRae. In another report McLaughlin wrote, “I asked him where he stood on a civil lawsuit.”

Meanwhile, written questions to Monsignor John Quinn about his reportedly being the source of the Florida story were answered minimally, with one-word denials but no light. Others in the Diocese of Manchester cooperated in similar fashion and often only after prompting by the suggestion of a subpoena.

The door and window of Father MacRae’s office at Saint Bernard rectory in Keene, New Hampshire in 1983. It overlooks Main Street and the busiest part of downtown Keene, NH.

“Going for a Sex Abuse Victim World Record”

A year before the above investigation ensued, Thomas Grover was a patient at Derby Lodge, a drug treatment center in Berlin, NH, and his third or fourth attempt at such treatment. While there, according to his counselor, he was repeatedly confronted for his distortions, dishonesty, and manipulation. He reportedly told his counselor, Ms. Debbie Collett , that he had been sexually abused by his adoptive father who by this point had been divorced from Patricia Grover.

According to Ms. Collett’s statements, Grover also claimed to have been sexually abused by so many people in the past that it appeared that he was “going for some sort of sexual abuse victim world record.” Also according to her statements, he never accused Fr Gordon MacRae. Ms. Collett went on to reveal an alleged series of coercive harassment and overt threats from Detective McLaughlin to get her to alter her account before testifying at MacRae’s 1994 trial.

Four and a half years after the Florida letter and Detective McLaughlin’s investigation swept through Keene, NH, Thomas Grover and two of his brothers — and later a third brother, Jay Grover, who once told Detective McLaughlin that MacRae had never done anything wrong — all now accused the priest. Two of them also accused another priest, Father Stephen Scruton, providing highly detailed accounts of rape and molestations by Scruton. Fr Scruton was also named as someone who witnessed MacRae’s abuse of Jonathan Grover, and in two of his claims, the two priests abused him simultaneously at age 12. Then it was changed to age 14.

However, Fr Scruton was not present in that parish with MacRae until Jonathan Grover was over sixteen years old. When that fact became apparent, it never raised a doubt in McLaughlin’s mind. He just excised Scruton’s name from future reports as though never mentioned, and MacRae became the sole priest accused. The entire file contains no evidence that Detective McLaughlin ever questioned Rev. Stephen Scruton about Jonathan Grover’s claims despite having already investigated and charged Scruton with an entirely unrelated claim brought by Todd Biltcliff who was a high school classmate of Jonathan Groven. That claim resulted in a financial settlement by the Diocese of Manchester.

McLaughlin wrote in one of his reports that he gave the Grovers a copy of MacRae’s resume “to help them with their dates.” At the end of this three-ring circus, Father MacRae ended up in a trial of the facts where there were no facts, in a courtroom where credibility was the sole measurement of guilt or innocence. But there was also no credibility. Hype and a stellar performance by a practiced con artist had to suffice, and it did.

Witness Tampering

Late in 2013, a man who was present at that 1994 trial wrote a letter about it to retired Judge Arthur Brennan who presided over the MacRae trial. What follows are some excerpts of that letter postmarked November 24, 2013:

“My wife and I were present in the courtroom throughout most of the trial of Fr Gordon MacRae in 1994. I have had many questions about this trial and much that I’ve wanted to clarify for my own peace of mind… We saw something in your courtroom during the MacRae trial that I don’t think you ever saw. My wife nudged me and pointed to a woman, Ms. Pauline Goupil, who was engaged in what appeared to be clear witness tampering. During questions by the defense attorney, Thomas Grover seemed to feel trapped a few times. On some of those occasions, we witnessed Pauline Goupil make a distinct sad expression with a down-turned mouth and gesturing her index finger from the corner of her eye down her cheek at which point Mr. Grover would begin to cry and sob on the stand. The questions were never answered.

“I have been troubled about this for all these years. I know what I saw, and what I saw was clearly an attempt to dupe the court and the jury. If the sobbing and crying were not truthful, then I cannot help but wonder what else was not truthful on the part of Mr. Grover. If he were really a victim who wanted to tell the simple truth, why was it necessary for him and Ms. Goupil to have what clearly appeared to be a set of prearranged signals to alter his testimony? The jury was privy to none of this to the best of my knowledge.”

One of the challenges for the prosecution of this trial was to get Thomas Grover to look like a victim. It was not easy. At 27 years old at trial, Grover was a 5’ 11”, 200-pound ex-high school football player with a history of alcoholism and a police record including domestic violence, assault, forgery, narcotics, and theft charges — all suppressed in this trial by Judge Arthur Brennan. The sobbing Thomas Grover on the witness stand could not mask his real persona for long. Consider this next excerpt from the above letter to Judge Brennan from a witness at trial:

“Secondly, I was struck by the difference in Thomas Grover’s demeanor on the witness stand in your court and his demeanor just moments before and after outside the courtroom. On the stand, he wept and appeared to be a vulnerable victim. Moments later, during court recess, in the parking lot he was loud, boisterous and aggressive. One time he even confronted me in a threatening attempt to alter my own testimony during sentencing.”

The presence of Ms. Pauline Goupil in this story is highly problematic, and, to a layman’s eyes, most suspicious. A masters level psychotherapist, she was retained pre-trial by Grover at the behest of his contingency lawyer “because it would look better for the jury,” according to Grover’s ex-wife, Trina Ghedoni, whose later Statement cast some previously unseen light on this trial.

At one point in the trial, Ms. Goupil, once exposed, was forced under a court order to turn over her treatment file. It contained but a few pages, and not a single therapeutic record pertaining to any claims of abuse of Thomas Grover by Father MacRae. However, Ms. Goupil’s file did contain this letter purportedly written by her to Thomas Grover who apparently had not been showing up for his pre-trial coaching sessions with her:

“Jim tells me MacRae is being offered a deal his lawyers will want him to take so there won’t be a trial. We can just move on to the settlement phase.”

I discussed this letter previously in “The Trial of Father MacRae: A Conspiracy of Fraud,” my first installment in this series. The letter was part of a file of perhaps six pages that Pauline Goupil turned over upon orders of the court. A year later, during evidentiary proceedings from lawsuits brought by Thomas Grover and two of his brothers — a hearing in which everyone but the imprisoned priest had lawyers representing them — Ms. Goupil testified at length about her pre-trial sessions with Thomas Grover and her work in aiding the reconstruction of his memories of abuse at age 15. For excerpts of that testimony see my article, “Psychotherapists Helped Send an Innocent Priest to Prison.”

None of Ms. Goupil’s role in this case ever became known by the Fr MacRae trial jury. Like everyone else involved in the prosecution of this case, she has since declined to be interviewed or to answer any questions.

“Jim” in Ms. Goupil’s above letter to Thomas Grover refers to Detective James McLaughlin, a now retired sex crimes investigator for the Keene, NH Police Department. In 2018, his name was briefly added to a secret list of police officers with a history of official misconduct. McLaughlin sued in a secret “John Doe” lawsuit heard with no public accountability. In May 2024, he was allowed to have his name removed from that public list. The prevailing belief among court observers in New Hampshire was that McLaughlin was afforded this level of anonymity and the judicial outcome because leaving his name on that list could have reopened hundreds of other cases like MacRae’s.

At some point in his investigation of Thomas Grover’s claims against Gordon MacRae, the detective appears to have taken up some sideline work on behalf of Grover’s contingency lawyer. In 1993 before Fr MacRae was charged or even aware of the claims against him, McLaughlin obtained a warrant for a “one-party intercept,” a sting attempt to record a telephone call from Thomas Grover to the priest who at that time was involved in in New Mexico. Little, if any, of the resultant call made its way into the 1994 trial, however. The recorded claims from Grover elicited nothing more than the bewildered voice of Father MacRae apparently wondering what on Earth the caller was talking about. However, this attempt at a telephone sting revealed something far more interesting.

Detective McLaughlin had apparently learned of a toll-free “800” number for contacting Fr MacRae. His police report detailed his attempts to call that number from his office at the Keene Police station. However, phone records which coincided with McLaughlin’s reports about executing the warrant indicate that the calls were not placed from his office at Keene Police headquarters, but from the office of Grover’s contingency lawyer 50 miles away. This has never been explained. Also never explained are statements from Grover’s family members who today reveal that the contingency lawyer gave Grover repeated cash advances before MacRae’s criminal trial, a practice that, if true, was a violation of the New Hampshire Rules of Professional Conduct for lawyers. It is but another example of the pervasive lure of money in this story from start to finish.

An immediate problem for anyone trying to get to the bottom of all this is the absence of recorded interviews. It seemed to be Detective McLaughlin’s standard procedure to record interviews with accusers — referred to as “victims” in every one of his reports that I have read.

Another new witness statement from Steven Wollschlager alleges that McLaughlin knowingly elicited false accusations against Fr MacRae in exchange for cash and an implication that “life could go easier with a lot of money.” Wollschlager was subpoenaed to testify before a Grand Jury to process a new indictment against Fr MacRae just before the Grover trial, but decided at the last minute that he could not pursue this lie. Wollschlager added that McLaughlin’s reports contain statements that he never said, and distortions of what he did say.

The one recording McLaughlin did appear to make was that of his interview with Thomas Grover’s counselor, Ms. Debbie Collett. Today, she reports that he badgered her, threatened her, and allegedly bullied her into restating her account into something he wanted to hear, and he did all of this on tape. That recording was never turned over to the defense and has never seen the light of day.

Detective McLaughlin did not seem to record his interviews with any of the Grover brothers accusing Gordon MacRae. This was a startling departure from his own longstanding methods and protocols. The choice not to record anything in this one case seems calculated, and it has never been explained. The fact that today, multiple witnesses claim to have been bribed, coerced, badgered, and otherwise manipulated by this detective could lead a rational observer to question what has gone on here, and to doubt the credibility of the claims against this priest.

It is true that there has been a cover-up in the Catholic clergy sex abuse story, but it is not the one everyone thinks it is. It took place twenty years ago in beautiful downtown Keene, New Hampshire.

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Editor’s Note: The above article continued a series by Ryan A. MacDonald. Other titles in this series include “The Trial of Father MacRae: A Conspiracy of Fraud,” “The Prison of Father MacRae: A Conspiracy of Silence,” and “The Post-Trial Extortion of Father Gordon MacRae.”

Judge Arthur Brennan, who sentenced Father Gordon MacRae to life in prison, being arrested in the Congressional Chambers in Washington, DC as part of the “Occupy Movement.”

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.”

The Post-Trial Extortion of Father Gordon MacRae

Detective James McLaughlin preparing to test a lie.

Some who today cite a coerced post-trial plea deal to evidence Fr Gordon MacRae’s guilt actually had a hand in bringing it about. Plea deals can destroy justice.

My first installment in this series on the story of Father Gordon MacRae was “The Trial of Father MacRae: A Conspiracy of Fraud” posted here in February. I have since learned that after it was published, this blog received a couple of unposted comments that could be construed as death threats. Both were from the same person using fake identities, and contained the same overtly threatening language, “Kill the priest, kill the priest, kill the priest!” They were posted by a man with an IP address in Eastern Massachusetts.

The man who posted them happens to be known to me, but he has been unaware of that fact until now. This man has tried to post other comments using fake names both at Beyond These Stone Walls and other venues when commenters mention this case. He seems to take very personally these efforts to uncover and publish the truth of this matter though he has no direct involvement in this story, and he has never even met Father MacRae. He appears to be highly motivated, however, to bury the truth of this case under the usual toxic rhetoric and hysteria that plague the subject of Catholic priests accused of sexual abuse, and prevent constructive, rational investigation.

Like many members of SNAP, that writer does not post a lot of comments so much as he posts the same comment over and over again in any venue that will accept it. In the case of Father Gordon MacRae, this Toxic Avenger’s favorite comment is that MacRae “has publicly admitted to molesting children!” The claim is by no means new, but like so much of this case it has become part of a public mantra, a snowball that grew ever bigger as it rolled downhill. It is but the latest chapter in this perversion of justice. I want to thank our Massachusetts friend for raising it again and spreading it around until finally I was moved to take it up.

Former Judge Arthur Brennan arrested after accusing Congress of “stealing our freedoms.”

Plea Deals and a Compromised Judge

In her third major article on this story in The Wall Street Journal, “The Trials of Father MacRae,” (May 10, 2013), Dorothy Rabinowitz devoted a few lines to the subject of plea deals offered to the accused priest before and during his trial:

“In mid-trial, the state was moved to offer Father MacRae an enticing plea deal: one to three years for an admission of guilt. The priest refused it, as he had turned down two previous offers, insisting on his innocence.”

— The Trials of Father MacRae by Dorothy Rabinowitz

The previous offers were put into writing in the prosecutor’s pre-trial letters to MacRae’s attorney. In the pre-trial media coverage, state prosecutors trumpeted the multiple accusers — there were four, three of them brothers in the same family — and multiple indictments against this priest, all claims that arose at the same time from over a decade earlier. I described these claims in a post aptly titled, “In Fr Gordon MacRae Case, Whack-A-Mole Justice Holds Court.”

While publicly presenting the priest as a monster in the local New Hampshire news media, state prosecutors moved quietly behind the scenes to offer MacRae a deal to plead guilty and then get on with his life in just one year. Defense lawyers talked up the deal. It would save lots of time and money, and might even save Father MacRae who, it seemed to them, did not actually do any of this. The priest refused it twice before trial and again in the middle of trial just after Thomas Grover’s incredible testimony.

In my article that began this series, “The Trial of Father MacRae: A Conspiracy of Fraud,” I described Thomas Grover’s testimony at trial — testimony that was heavily coached to the point of witness tampering. Pauline Goupil, a psychotherapist retained at the behest of Grover’s contingency lawyer, was observed coaching Grover’s testimony with what appeared to be prearranged signals to cry when tough questions were asked. Her scant “treatment” file contained a copy of a pre-trial letter from Ms. Goupil to Grover never seen by the jury:

“Jim [that’s Keene, NH detective James McLaughlin] told me MacRae is being offered a deal his lawyers will want him to take. So there won’t be a trial. We can just move on to the settlement.”

— Excerpt of letter from Ms. Goupil to Thomas Grover

There seemed to be a sort of bewilderment among prosecutors as to why the priest would not accept their deal. During a short recess, prosecutors pulled defense Attorney Ron Koch aside, then he in turn pulled his client into a hallway.

“They want to know why we won’t take their deal,” he told Father MacRae. “They want us to make a counter offer. They want this conviction. They don’t necessarily want you,” the lawyer said. MacRae says, today, that he just couldn’t go along, that it was never a matter of “throwing his life away” as his lawyers described his insistence on a trial. It was the fact that avoiding trial by taking a plea deal meant that none of the details of this case would ever come out. He would just be another guilty priest who vaguely assaulted claimants who were then given huge settlements by the Catholic Church. It was the story widely told up to then, and since then, but in this case it was not the truth.

When MacRae refused that third plea deal offer following Thomas Grover’s testimony, however, the tone of this trial changed. On cross examination, Attorney Koch asked Grover a simple question: “Who did you go to first with this story, the police, or a lawyer?” As he did so often in this trial when cornered with a question that might unmask him, 27-year-old Thomas Grover (of whom Judge Brennan referred throughout trial as “the victim”) looked alarmed, rattled on incoherently, meandered down meaningless, unresponsive side roads, then looked to Ms. Pauline Goupil for the signal that it was time to start crying. In a related article, “Psychotherapists Helped Send an Innocent Priest to Prison,” I wrote the story behind Grover’s sobbing performance on the witness stand.

The question of who Thomas Grover went to first with his story — the police or his contingency lawyer — went to the very heart of this case and the motive for bringing it: an expectation of a financial settlement from the Diocese of Manchester. To date, the question of who he went to first has never been answered.

The next morning in that courtroom, Judge Arthur Brennan took it upon himself to remedy the situation. Outside the presence of the jury, he instructed all present that he had given Thomas Grover a limiting order barring him from any testimony about the simultaneous claims of abuse brought by two of his brothers, one two years older and one a year younger. Judge Brennan’s remedy was to summon the jury and instruct them — with no explanation whatsoever — that they are to disregard inconsistencies in Thomas Grover’s testimony. As Dorothy Rabinowitz wrote, that jury “had much to disregard.”

Then, when an opportunity approached for the accused priest to take the stand in his own defense, Judge Brennan once again dismissed the jury and addressed the priest directly. He said that if MacRae chooses to testify in his own defense, he will almost certainly open the door to permit the claims of Thomas Grover’s brothers to come before the jury, and thereby become — as bizarre as their stories were — corroborating witnesses for each other. In other words, one lie standing alone has a chance to be undone. Three lies standing together left the defense defenseless. So, in the entirety of this trial and sentencing, Father Gordon MacRae was never permitted to utter a single word.

I covered the story of these additional claims in “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?”

This is the office at St. Bernard’s Church in Keene, NH. Thomas Grover claims to have been raped there five times at age 15 in 1983. A chess set that he claimed to be in the office was not given to MacRae until three years later.

The Marble Chess Set

On direct and on cross examination, Thomas Grover testified that during the 1983 sexual assaults he endured in Father MacRae’s rectory office, Grover saw a large elaborate marble chess set on a table in that office. I described this office, including a set of exterior photographs, in a post on my own blog entitled “Justice and a Priest’s Right of Defense in the Diocese of Manchester.” I am convinced that there are people from Keene, NH who read that — Father MacRae’s jurors, perhaps, and others who know the truth of this story — but they stay in the shadows.

At the trial, Father “Moe” Rochefort testified that he and MacRae and three other friends purchased that marble chess set during a hiking and camping vacation in Bar Harbor, Maine in 1986. So it was not possible that Grover saw that chess set in 1983. Today, Thomas Grover’s ex-wife, Trina Ghedoni, reports that Grover admitted to her at the time that he committed perjury in his testimony about the chess set, “but it was what they wanted him to say.” When asked who “they” referred to, Ms. Ghedoni replied, “Pauline Goupil and Detective [James] McLaughlin.”

Late in the last full day of the trial, Defense lawyer Ron Koch, now deceased, delivered his closing argument to the jury and then left the court to fly off for a murder trial. He was not present in the courtroom when Prosecutor Bruce Reynolds told the MacRae jury that “some people in this court said MacRae was a nice guy. People said that of Hitler too.”

The trial ended and the jury began deliberations late in the afternoon of Thursday, September 22, 1994. Presumably, that first hour was used to select a jury foreman, then they all went home. The next day, Friday, September 23, 1994, the jury returned at 9:30 AM to ask a question of Judge Brennan. They wanted to see a transcript of Father Rochefort’s testimony about the marble chess set. Judge Brennan denied the jury request, telling them that they must rely solely on their memories of that testimony.

One hour later, MacRae was summoned back into the courtroom. The jury had reached a verdict in spite of their unanswered question. MacRae stood to hear the twelve jurors’ finding of “guilty.” He says, today, that not one would look at him directly. They looked only at Judge Brennan.

The Sentence and the Extortion

Knowing about the proffered and refused plea deals — or at least having no excuse NOT to know of them — Judge Arthur Brennan would eventually sentence Gordon MacRae to more than thirty times the minimum sentence of one year which the State was willing to recommend had MacRae allowed the entire case to be piled into one convenient plea deal. I wrote about the refused deal of one to three years and the imposed term of 67 years in “Judge Arthur Brennan Sentenced Fr Gordon MacRae to Die in Prison.”

That article raised an important question about justice. How is it that the man who stood before Judge Brennan was more of a monster for maintaining his innocence and preserving his rights than he was had he admitted guilt? If MacRae had in fact been guilty, and therefore willing to say as much, he would have left prison over 25 years ago.

When this trial was over, Father MacRae was taken immediately to a jail cell to await Judge Brennan’s sentence. Defense lawyer Ron Koch resigned from the case telling the priest via telephone that the verdict “did not reflect anything that took place in that courtroom.”

In “The Prison of Father MacRae: A Conspiracy of Silence,” my second installment in this series, I wrote that MacRae took and passed a set of polygraph examinations in the claims brought by Thomas Grover and his brothers, Jonathan Grover and David Grover. None of the three have ever agreed to submit to polygraphs. I wrote that a defense decision to reveal MacRae’s polygraph results to the Diocese of Manchester before trial was disastrous.

The result was a glaring, highly prejudicial, and explosive pre-trial press release that publicly declared Father MacRae to be guilty before jury selection in his trial. The Bishop of Manchester’s press release so prejudiced this case that it was a major factor in defense attorney Ron Koch’s decision to resign.

Attorney Koch was simply bewildered at the willingness of Church officials to enter into settlement negotiations with accusers regardless of the truth, regardless of the guilt or innocence of the accused. Dorothy Rabinowitz put it somewhat more delicately, “Diocesan officials had evidently found it inconvenient to dally while due process took its course.”

This appears to be what The Rev. Richard John Neuhaus meant in “A Kafkaesque Tale” when he wrote that the MacRae case “reflects a Church and a justice system that seem indifferent to justice.” Exiting the case, Attorney Koch told the convicted and jailed priest that subsequent trials would have to be turned over to a public defender, and that MacRae had no hope of prevailing. None. Zero. He warned the priest that there was hope of overturning the Thomas Grover case on appeal, but that he could not possibly hope to ever leave prison if he is convicted in another trial of claims brought by Thomas Grover’s brothers and then two others who jumped aboard. (That’s a whole other story, and it’s coming!)

The Negotiated Lie

State prosecutors knew all this, but those behind this case also knew that certain facts in the background risked also becoming public in future trials. So a new deal was set forth. The priest, still awaiting Judge Brennan’s sentence in the Thomas Grover trial, was offered a sentence of zero years in prison if he would forego additional trials and plead guilty to only the remaining charges. The details of those remaining charges are laid out in an article of mine entitled, “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?”

It’s cheap and easy to say today that Father MacRae should not have accepted this deal, but that does not capture the reality of it. Everyone around him at the time told him that he had no choice. The State’s prosecutorial machine and the Diocese of Manchester’s press release combined to utterly destroy this man, his due process rights, and his freedom. Under their combined, unbearable weight — alone, impoverished by the previous trial, abandoned by his legal counsel, vilified by his own bishop and diocese, siting in jail awaiting sentence — Gordon MacRae was undone as this final negotiated lie was thrust upon him. There were many owners of this lie. It was not MacRae’s alone.

Seventeen years later, Joan Frawley Desmond, Senior Editor at the National Catholic Register newspaper, took on a subject anathema to most in the secular and Catholic press: the idea that some accused priests might be innocent. In “Priests in Limbo,” the second of a two-part article in the NC Register (Feb. 17, 2011) Joan Frawley Desmond wrote of the story of Father Gordon MacRae:

“The Diocese of Manchester doesn’t share [Ms.] Rabinowitz’s belief in the priest’s innocence. ‘Father MacRae pleaded guilty to felonious sexual assault,’ stated diocesan spokesman Kevin Donovan.

“Rabinowitz offered an exculpatory back story to Father MacRae’s post-trial plea … . Donovan also would not address Rabinowitz’s charge that the Manchester Diocese issued a pre-trial statement that lent credence to the abuse allegations.”

— Joan Frawley Desmond, NC Register

That officials of the Diocese of Manchester would today cite as evidence of guilt the very scenario that they themselves had a hand in creating is one of the bombshells yet to be fully defused in this case. Those very words, that MacRae “admitted” to some charges, were packaged by Monsignor Edward Arsenault — himself sent to prison after taking a plea deal — and sent to Rome in an effort to have MacRae forcibly dismissed from the priesthood, an effort that, thankfully, has not succeeded.

Such perversions of justice are by no means limited to this one case. The Innocence Project reveals that of the more than 800 proven wrongful convictions in the United States in recent years, a full twenty-five percent had buckled under coerced pre-trial plea deals. Ninety-five percent of criminal cases are resolved through plea bargaining, and it is no measure of justice.

I am far more persuaded by the sworn statement of career FBI Special Agent Supervisor, James Abbott, who concluded,

“During the entirety of my three-year investigation of this matter, I discovered no evidence of MacRae having committed the crimes charged, or any crimes. Indeed, the only 'evidence' was the claims of Thomas Grover which others today, including members of his family, have discredited.”

— FBI Special Agent Supervisor, James Abbot

If you ever again read somewhere that Father Gordon MacRae “admitted guilt,” please set the record straight and leave a link to this post. He didn’t. Not by any standard of truth and justice I know of.

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Editor’s Note: Thank you for reading and sharing this post. You may also like this related post from Brian Fraga at the National Catholic Register :

New Hampshire Priest Continues the Long Road to Clear His Name

The Prison of Father MacRae: A Conspiracy of Silence

The Diocese of Manchester demonstrates the difference between the stated rights of accused Catholic priests in Church law and actual observance of those rights.

Editor’s Note: This is Part Two of a guest post by Ryan A. MacDonald. Part One was “The Trial of Father MacRae: A Conspiracy of Fraud.”

“I don’t share your belief in Father MacRae’s innocence. I just don’t believe a judge and jury would sentence a priest to life in prison with anything less than clear and compelling evidence.”

The above quote was the reply of a prominent American Catholic writer when I challenged him to take a closer look at the trial and imprisonment of Father Gordon MacRae. There is nothing to be gained by publishing the writer’s name. I still hope he might accept my challenge to study this matter with more depth than the New Hampshire news media and priests of the Diocese of Manchester have given it. I have asked the writer to show me the evidence he feels so certain must exist. He is wrong about this. There is simply no factual evidence to support this conviction.

But for some, the absence of evidence is evidence of evidence. That Catholic writer’s presumption about evenhanded justice and due process reflects the naiveté of the innocent and just. I once shared such naiveté, but I have since learned that ignorance is not bliss. I know too much about this case to cling to any delusions that everyone in prison must be guilty, or that a Catholic priest, while actually innocent, could not be railroaded into prison based on false witness.

So does The Wall Street Journal’s Dorothy Rabinowitz, one of the most just and courageous journalists I know. She has a talent for enabling readers to place themselves in the shoes of the falsely accused, and it’s a terrifying place to be. A recent article, “On Woody Allen and Echoes of the Past” (WSJ.com, February 9, 2014), had that same effect. It isn’t long, but it’s compelling and powerful.

Despite its title, the article’s great power is in its depiction of falsely accused men and women — such as Violet, Cheryl, and Gerald Amirault of Massachusetts and Kelly Michaels of New Jersey — who were ripped from ordinary lives to be tried and sent to prison because of trumped up charges, lots of media hype, and the ambitions of prosecutors.

These same people were profiled in No Crueler Tyrannies (WSJ Books, 2005), a book by Dorothy Rabinowitz that has opened many eyes, including mine. She found a common denominator among those falsely accused and betrayed by the justice system during the “child terror” prosecutions of the 1980s and 1990s, the same era, and the same terror, that convicted Father MacRae. Rabinowitz wrote,

“Those who are falsely accused often naively believe that their innocence is obvious, that the allegations will be dropped.”

In “Judge Arthur Brennan Sentenced Fr Gordon MacRae to Die in Prison,” I wrote that plea deals work well for the guilty but not for the innocent. The guilty come before the justice system prepared to limit punishment by accepting any reasonable plea deal offered. The innocent cannot fathom such twisted justice, and therefore often spend far more time in prison than the guilty.

For preserving his right to a presumption of innocence and a fair trial — though he got neither, as you will see, from either Church or State — Father Gordon MacRae was sentenced by Judge Arthur Brennan to more than 30 times the sentence offered by prosecutors in the plea deal he refused. As I wrote in part one of this article last week, it is a perversion of justice that, had he been actually guilty, this priest would have been released from prison 17 years ago.

The Lie Detector Disaster

In the above article, Dorothy Rabinowitz cited that some of the innocent accused were anxious to take lie detector tests (aka polygraphs). Those who passed them, however, did so to no avail as prosecutors refused to consider, or even hear, the results. Father MacRae also voluntarily submitted to two lie detector tests conducted by an expert who reviewed the claims of Thomas Grover and his brothers, Jonathan and David Grover, who also accused the priest for settlement money from his diocese. I have repeatedly called upon MacRae’s accusers to agree to lie detector tests, a challenge met only with silence.

Had Father MacRae failed the polygraphs administered before his trial, you can be certain that fact would have found its way into court, or at least into the newspapers. He passed them conclusively, but the results were ignored, and not only by state prosecutors. The most difficult act of suppression to comprehend came from his bishop and diocese.

Defense attorney Ron Koch (pronounced “Coke”) often appeared to be as naive and trusting as his client. He seemed to believe that the Diocese of Manchester might be more inclined to defend its priest if clarity about his innocence could be established. However passing pre-trial lie detector tests, and making that fact known, actually proved disastrous for the defense of Father MacRae.

Within weeks of the defense lawyer’s effort to have polygraph results reviewed by Church lawyers, the Diocese of Manchester issued a press release that inflicted a mortal wound to MacRae’s civil and canonical rights. Plastered in the news media throughout New England before jury selection in his trial, this press release destroyed his defense in the court of public opinion, and influenced jurors in the court of law:

“The Bishop and the Church are saddened by and grieve with the victims of Gordon MacRae…and he was ultimately removed from his status as one who could ever function as a priest again…The Church is a victim of the actions of Gordon MacRae as well as the individuals… [The Diocese] will defend its officials who have been falsely accused [and] it will continue to cooperate in bringing those who have harmed others to light.”

— Bishop of Manchester Press Release, Sept. 11, 1993

Canonical Advocate, Father David Deibel, J.C.L., J.D., protested this gross violation of Church law and civil liberties. He was reportedly told that the press release “was a carefully crafted statement meant to respond to media concerns” about the MacRae case. When defense attorney Ron Koch called to protest, he was told that Father MacRae was the sole priest to have been so accused in the Diocese of Manchester.

Nine years later, officials for the Manchester Diocese worked out a plea deal of their own to avoid a misdemeanor charge based on a theory of law the state’s Attorney General admitted was “novel.” The published files as a result of that deal revealed that 62 New Hampshire priests had been accused, and some $23 million changed hands in mediated settlements. 

 For his first six years in prison, 17 miles from the Chancery Office of the Diocese of Manchester, Father MacRae was summarily abandoned. The company line was that it was MacRae himself who refused to be visited in prison by any priest. The bitter refusal was reportedly issued through unnamed third parties who have never been identified. However, the prison’s Catholic chaplain during Father MacRae’s first years in prison saw this differently:

“I have been told by priests that Diocesan officials claimed that Father MacRae refused, through unnamed third parties, to be visited by a priest … During my tenure as chaplain, no one representing the diocese ever asked me to arrange a visit with Father MacRae [who] indicated to me he would welcome such contacts … . It remains my belief that Father MacRae is for some reason viewed differently from other priests that are, or have been, incarcerated.”

— Prison Chaplain John R. Sweeney, Sept. 20, 2004

Bishop’s Delegate Monsignor Edward Arsenault

Two years ago, I wrote an article entitled “To Azazel: Father Gordon MacRae and the Gospel of Mercy.” It was about some shockingly uncharitable conduct toward this imprisoned priest, but the offenders were not other prisoners trying to make names for themselves in the brutal prison culture. They were priests of the Diocese of Manchester.

In the year 2000, however, Diocesan interest in Father MacRae was radically altered when it became known that two media giants, Dorothy Rabinowitz at The Wall Street Journal, and PBS Frontline, expressed interest in the facts of this case. You may read for yourselves the manipulation aimed at this imprisoned priest, and the devastation of his rights in an article by Father George David Byers entitled, “Omertà in a Catholic Chancery — Affidavits Expanded.”

Throughout this period, the official Delegate (2000 until 2009) for the Bishop of Manchester was Monsignor Edward Arsenault. His published resume reveals that he personally negotiated mediated settlements in 250 claims against Diocese of Manchester priests. At the same time, Monsignor Arsenault was wearing another hat — some might say a highly conflicting one.

While negotiating settlements in the MacRae case and hundreds of others on behalf of the Diocese of Manchester, Arsenault was also Chairman of the Board of the National Catholic Risk Retention Group, an organization underwriting insurers of Catholic institutions and dioceses across the U.S. It is unclear which of these hats Monsignor Arsenault was wearing when he negotiated this typical round of mediated settlements described in David F. Pierre’s 2012 book, Catholic Priests Falsely Accused:

“In 2002, the Diocese of Manchester, New Hampshire, faced accusations of abuse from 62 individuals. Rather than spending the time and resources looking into the merits of the accusations, ‘Diocesan officials did not even ask for specifics such as the dates and specific allegations for the claims,’ New Hampshire’s Union Leader Reported. ‘Some victims made claims in just the past month and because of the timing of negotiations, gained closure in just a matter of days,’ reported the Nashua Telegraph. ‘I’ve never seen anything like it!’ a pleased and much richer plaintiff attorney admitted.”

— Catholic Priests Falsely Accused, p. 80

In 2001, Monsignor Edward Arsenault developed a policy statement for the Diocese of Manchester. As Bishop John McCormack’s Delegate, Monsignor Arsenault published the “Diocese of Manchester Statement of Rights and Obligations of Persons Accused of Sexual Misconduct.” The document was straightforward, and listed, in accord with Canon law and Diocesan policy, the rights of the accused and the obligations of the Diocese:

• The Delegate (Monsignor Edward Arsenault) will:

  • Inform the person being interviewed of the process to be used;

  • Inform the person being interviewed what information will be shared with whom;

  • Inform the person being interviewed that he [the Delegate] is acting in the external forum on
 behalf of the Bishop of Manchester;

  • Inform the person being interviewed that any and all information disclosed will be treated with discretion, but not subject to confidentiality…

• Rights of the Person Accused: The accused cleric or religious has:

  • The right not to implicate oneself;

  • The right to counsel, civil and canonical;

  • The right to review the results of one’s own psychological evaluations;

  • The right to know what has been alleged and to offer a defense against the allegations;

  • The right to know and understand the review process;

  • The right to discretion in the conduct of the investigation and to have his/her good name protected.

Over the next three years as the Diocese of Manchester submitted individual cases to the Vatican’s Congregation for the Doctrine of the Faith, every tenet of the above statement of rights was silently ignored or outright violated by Monsignor Arsenault and officials of the Diocese of Manchester in regard to the case of Father MacRae.

No investigations took place. No interviews took place. The imprisoned priest’s repeated requests for details of what has been represented in Rome in regard to this case have been ignored, and no right of defense has been honored. The promised assistance of legal counsel was never acted upon. Repeated and documented requests from Father MacRae that Bishop John McCormack and Monsignor Arsenault agree to confer with his Canonical Advocate to assure his rights under Church law were refused.

In the ultimate insult, when Monsignor Arsenault finally did agree to consult Father Deibel, the canonical advocate, he reportedly told the priest that, should Father MacRae be involuntarily laicized, “I’m sure Bishop McCormack will still send him $100 a month” to survive in prison. The suggestion that this was MacRae’s sole concern for the future of his priesthood left him feeling humiliated and violated.

A promise by Bishop McCormack to set aside $40,000 for Father MacRae’s appellate defense — on the condition that he set aside contacts with Dorothy Rabinowitz and The Wall Street Journal — was instead used to hire counsel to bypass MacRae’s lawyers and investigators, and to conduct a secret review of his trial and any chance of overturning the convictions. To this day, Monsignor Arsenault and the Bishop of Manchester have ignored requests to share that review with the wrongly imprisoned priest’s defense team struggling to afford his day in court.

Remember Those in Prison as Though in Prison with Them (Heb. 13:3)

In 2009, Monsignor Edward Arsenault was appointed Executive Director of Saint Luke Institute, a nationally known facility in Maryland for the psychological treatment of priests. Bishop John McCormack was the sole U.S. bishop on the Saint Luke Institute Board of Directors at the time. Monsignor Arsenault took leave from the diocese to assume the post with an annual salary of $170,000.

Earlier this month, on February 4, 2014, the news media announced that Monsignor Edward Arsenault has accepted a plea deal to plead guilty to three felony charges. He was indicted on multiple counts, and has agreed to plead guilty to the theft of thousands of dollars from the Diocese of Manchester while serving as Chancellor and Bishop’s Delegate, from Catholic Medical Center Hospital where he served on its Board of Directors, and from the estate of a deceased priest of the Manchester Diocese for which he served as Executor. According to news reports, the theft of funds from the Diocese of Manchester continued until 2013, four years after Monsignor Arsenault began his $170,000 a year post at Saint Luke Institute.

The plea deal Monsignor Arsenault has entered into forgoes trial and any testimony under oath. The exact number of felony charges and the exact amounts of stolen funds involved have not been made public, and possibly never will be. The New Hampshire Attorney General stated that the plea deal, and the minimum four year prison sentence Monsignor Arsenault has agreed to, are in “recognition of the extensive cooperation of the defendant,” and in anticipation of his continued cooperation in the ongoing investigation of “improper financial transactions.”

The investigation into financial wrongdoing was launched, according to news sources, when the Diocese began investigating a “potentially inappropriate adult relationship.”

For at least the next four years, Monsignor Edward Arsenault will share the same prison as Father Gordon MacRae, a priest who — armed only with the truth and his faith — refused plea bargains to face the cruelest of tyrannies, wrongful imprisonment. This is the priest against whom Monsignor Edward Arsenault and his prosecutorial friends have worked so arduously, and in secret, to undo and discard.

UPDATE:

Monsignor Arsenault served only a few weeks of his sentence in the New Hampshire State Prison. He was moved early one morning to serve out his sentence in the Cheshire County House of Corrections. This, we are told, was highly unusual. A State Senator who asked not to be named said that Monsignor Arsenault received “very special treatment” in the judicial and corrections systems. Special treatment did not end here. After serving only two years of the four-to-twenty year sentence, Arsenault’s sentence was commuted to house arrest. While serving that sentence his $300,000 restitution was paid by unnamed third parties. His entire twenty year sentence was then commuted by Judge Diane Nicolosi. Subsequently, Arsenault was dismissed from the clerical state by Pope Francis. In April of 2021 he legally changed his name to Edward J. Bolognini.

Under this new name, with his $300,000 restitution paid by unnamed third parties and his sentence for multiple financial felonies suddenly commuted Edward J. Bolognini was awarded with management of a multimillion dollar contract with the City of New York.

In 2018, sixteen years after Fr. MacRae and his advocates were told that MacRae was the only of the Manchester Diocese ever to be accused, current Bishop Peter A. Libasci proactively published a list of 73 priests of the Diocese of Manchester accused of sexual abuse. He cited “transparency” as his motive for publishing the list. Subsequently, Bishop Peter A. Libasci was himself accused of sexual abuse dating from his years as a priest in the Diocese of Rockville Center, New York. The charges were alleged to have occurred in 1983, the same year as the charges against Fr. MacRae.

Bishop Libasci maintains his innocence and remains Bishop of Manchester, and all transparency ceased.

In October 2022, The Wall Street Journal published its fourth article on this matter entitled, “Justice Delayed for Father MacRae.”

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