Stones for Pope Benedict and the Rusty Wheels of Justice

Following revelations about possible deliverance after 28 years of wrongful imprisonment, hope is hard to come by, but it was not so for Saint Maximilian Kolbe.

February 9, 2022

“This prisoner of the State remains, against all probability, staunch in spirit, strong in the faith that the wheels of justice turn, however slowly.”

— Dorothy Rabinowitz, “The Trials of Father MacRae,” The Wall Street Journal, May 13, 2013

When this blog was but a year old back in 2010, my friend and prison roommate, Pornchai Moontri, was received into the Catholic faith. He was 36 years old and it was his 18th year in prison. Everyone who knew him, except me, thought his conversion seemed quite impossible. Pornchai does not have an evil bone in his body, but his traumatic life had a profound effect on his outlook on life and his capacity for hope. There is simply no point in embracing faith without cultivating hope. The two go hand in hand. We cannot have one without the other.

To sow the seeds of hope in Pornchai, I had to first reawaken hope from its long dormant state in my own life as a prisoner. I am not entirely sure that I have completed that task. It seems a work in progress, but Pornchai’s last words to me as he walked through the prison gates toward freedom on September 8, 2020 were, “Thank you for giving me hope.” I wrote of that day in “Padre Pio Witness for the Defense of Wounded Souls.”

A decade earlier, back in April of 2010, Pornchai entered into Communion with the Catholic Church on Divine Mercy Sunday. On the night before, he asked me a haunting question. It was what I call one of his “upside down” questions. As he pondered what was to come, his head popped down from his upper bunk so he appeared upside down as he asked it. “Is it okay for us to hope for a happy ending when Saint Maximilian didn’t have one?” Pornchai had a knack for knocking me off the rails with questions like that.

Before responding, I had to do some pondering of my own. Our Patron Saint lost his earthly life at age 41 in a Nazi concentration camp starvation bunker. His death was followed by his rapid incineration. All that Maximilian Kolbe was in his earthly existence went up in smoke and ash to drift in the skies above Auschwitz, the most hopeless place in modern human history.

Retroactive Guilt and Shame

What I am about to write may seem horribly unpopular with those harboring an agenda against Catholic priests, but popularity has never been an important goal for me. In recent weeks, the news media has trumpeted a charge launched by a commission empowered by some Catholic officials in Germany. The commission’s much-hyped conclusion was that Pope Benedict was negligent when he did not remove four priests quickly enough after suspicions of abuse forty-one years ago in 1981. Some of my friends have cautioned me to stay out of this. Perhaps I should listen.

But I won’t. At what point do we cease judging men of the past for not living up to the ideals and politically correct sensitivities of the present? Merely asking that question puts me in the crosshairs of our victim culture, but it also forces me to ask another. Go back just another forty-one years and you will find yourself amid the hopelessness of 1941 as the children of Yahweh suffered unspeakable crimes in Germany and Poland. Where do we draw the line of historic condemnation? Should the German Church stop with Joseph Ratzinger in 1981?

The condemnation of Pope Benedict called for by some media and German officials today should be seen through the lens of history. It is a part of our hope as Catholics and as human beings that neither Pope Benedict nor the German people would act today as they did — or allowed to be done — forty or eighty years ago. The real target of such pointless inquiry and blame was not Pope Benedict, but rather hope itself.

I think we have to be clear in our response which should include something about the splinters in our eyes and the planks in the eyes of those pointing misplaced fingers of blame. Perhaps the moral authority that chastises Pope Benedict today in Germany doth protesteth too much. A new book by historian Harald Jähner, Aftermath: Life in the Fallout of the Third Reich, 1945-1955 marshals a plethora of facts and critical skills of historical writing to portray the postwar “country’s stubborn inclination toward willful delusion.”

Thank you for indulging my brief tirade. Catholic League President Bill Donohue also came to the defense of Pope Benedict by shedding some light of historical context on the matter.

Hope Is Its Own Fulfillment

But back to Father Maximilian Kolbe. On the day of Pornchai’s Baptism, I responded to his question. I told him, “YOU are Maximilian’s happy ending!” Eighty-one years after his martyrdom at Auschwitz, the world honors him while the names of those who destroyed him have simply faded into oblivion. No one honors them. No one remembers them. God remembers. Their footprint on the Earth left only sorrow.

St. Maximilian Kolbe is the reason why I was compelled to set aside my own quest for freedom — which seemed utterly hopeless the last time I looked — in order to do what Maximilian did: to save another.

In all the anguish of the last two years as deliverance and freedom slowly came to Pornchai Moontri, the clouds of the past that overshadowed him began to lift. My prayer had been constant, and of a consistently singular nature: “I ask for freedom for Pornchai; I ask for nothing for myself.”

I am no saint, but that is what St. Maximilian did, and it seemed to be my only path. But since then that 2013 quote atop this post from The Wall Street Journal's Dorothy Rabinowitz has once again become my reality. As you know if you have been reading these pages in recent weeks, a frenzy of action and high anxiety has surrounded the recent release of the New Hampshire ‘Laurie List,’ known more formally as the Exculpatory Evidence Schedule. If you somehow missed the earthquake that struck from Beyond These Stone Walls in January, I wrote about it in Predator Police: The New Hampshire ‘Laurie List’ Bombshell. 

I am most grateful to readers for making the extra effort to share that post. It was emailed by Dr. Bill Donohue to the entire membership of the Catholic League for Religious and Civil Rights. It indeed came as a bombshell to me and to many. Just as the frenzy began to subside, Ryan MacDonald stirred it up again in his brilliant analysis with a very pointed title: “Police Misconduct: A Crusader Cop Destroys a Catholic Priest.”

I am not entirely sure that “destroys” is the right term to use, but I understand where he is coming from. To survive twenty-eight years of wrongful imprisonment means relegating a lot of one’s sense of self to the ash heap of someone else’s oppression. Many of those who spend decades in prison for crimes they did not commit lose their minds. Many also lose their faith, and along with it, all hope.

I have to remind myself multiple times a day that nothing is a sure thing anymore — neither prison nor freedom. I keep asking myself how much I dare to trust hope again. To quote the late Baseball Hall of Famer, Yogi Berra, this all feels “like deja vu all over again.”

Deja vu is a French term which literally means “to have seen before.” It is the strange sensation of having been somewhere before, or having previously experienced a current situation even though you know you have not. It is a phenomenon of neuropsychology that I have experienced all my life. About 15 percent of the population has that experience on occasion.

A possible explanation of deja vu is that aspects of the current situation act as retrieval cues in the psyche that unconsciously evoke an earlier experience long since receded from conscious memory, but resulting in an eerie sense of the familiar. It feels more strange than troublesome. I have a lifelong condition called Temporal Lobe Epilepsy (TLE) which makes me prone to the experience of deja vu, but no one knows exactly why.

When Disappointments of the Past Haunt the Present

This time, my deja vu is connected to real events of the past, and the origin of my caution about current hope is found there. If you have read an important post of mine entitled “Grand Jury, St. Paul’s School, and the Diocese of Manchester,” then you may recall this story. In 2003 and 2004, the New Hampshire Attorney General conducted an intense one-sided investigation of my diocese, the Diocese of Manchester. When it was over, the former Bishop of Manchester signed a blanket release disposing of the privacy rights of priests of his diocese.

In 2021, when I wrote the above post, New Hampshire Judge Richard B. McNamara ruled that the 2003 public release of one-sided documents should have been barred under New Hampshire law because it was an abuse of the grand jury system and it denied basic rights of due process to those involved.

At the time this all happened in 2003, a Tennessee lawyer and law firm cited in a press statement that what happened in this diocese was unconstitutional. I contacted the lawyer who subsequently took a strong interest in my own case. He flew to New Hampshire twice to visit me in prison. I sent him a vast amount of documentation which he found most compelling. After many months of cultivated hope, he sent me a letter indicating that he would soon send a Memorandum of Understanding that I was to sign laying out the parameters under which he would represent me pro bono because I have not had an income for decades.

I waited. I waited a long time, but the Memorandum never came. Without explanation or communication of any kind, the lawyer and the hope he brought simply faded away. Letter after letter remained unanswered. It was inexplicable. It was at this same time that Dorothy Rabinowitz and The Wall Street Journal published a two-part exposé, A Priest’s Story, on the perversion of justice that became apparent in their independent review of this matter. Those articles were actually published a few years after they were first planned. This was because the reams of supporting documents requested and collected by the newspaper were destroyed in the collateral damage of the terrorist attacks in New York of September 11, 2001.

Then in 2012, new lawyers filed an extensive case for Habeas Corpus review of my trial and imprisonment. It is still available at the National Center for Reason and Justice which mercifully still advocates for justice for me. However that effort failed when both State and Federal judges declined to allow any hearing that would give new witnesses a chance to testify under oath.

Now, in 2022 in light of this new ray of hope, some of the people involved in Beyond These Stone Walls have expressed frustration with my caution and apparent pessimism. I have not been as enthused as they have been over the hope arising from the current situation. Hope for me has been like investing in the stock market. Having lost everything twice, I am hesitant to wade too far into the waters of hope again.

I know only too well, however, that hope at times such as these is like that which both Pornchai Moontri and I once found in our Patron Saint. I wrote about it in “Saint Maximilian Kolbe and the Gift of Noble Defiance.”

So in spite of myself, I am now aboard this new train of hope and must go where it takes me. That, for now, is the best that I can do. My prayer has not changed. I ask for nothing for myself, but I will take whatever comes.

I thank you, as I have in the past, for your support and prayers and for being here with me again at this turning of the tide. I will keep you posted, but it won’t be quick. Real hope never is.

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Note from Fr. Gordon MacRae:

Thank you for reading and sharing this post. Please visit our newest addition to the BTSW menu: The Wall Street Journal. You may also wish to visit these relevant posts cited herein:

Predator Police: The New Hampshire ‘Laurie List’ Bombshell

Police Misconduct: A Crusader Cop Destroys a Catholic Priest

Padre Pio Witness for the Defense of Wounded Souls

Saint Maximilian Kolbe and the Gift of Noble Defiance

Police Misconduct: A Crusader Cop Destroys a Catholic Priest

Keene New Hampshire sex crimes Detective James McLaughlin developed claims against a Catholic priest while suppressing exculpatory evidence and coercing witnesses.

Editor’s Note: The following guest post by Ryan A. MacDonald is a response to Fr. Gordon MacRae’s recent, “Predator Police: The New Hampshire Laurie List Bombshell.”

January 26, 2022 by Ryan A. MacDonald

Last week, Fr. Gordon MacRae wrote here about the manipulation of facts and witnesses in his 1994 trial on charges brought forward by former Keene, NH Detective James McLaughlin. This manipulation included allegations that he coerced and threatened a witness, Debra Collett, to alter her first-hand testimony because it did not agree with his bias. Another witness, a former accuser of Father MacRae who recanted, alleged that McLaughlin presented him with a proffered bribe to concoct a false claim against MacRae and conspired to attempt perjured testimony before a grand jury.

These are very serious allegations. They were uncovered years after the trial by former FBI Special Agent James Abbott who conducted a three year investigation of this case. Mr. Abbott obtained signed statements from these witnesses and others that became part of a habeas corpus petition seeking to free Father MacRae from an unjust imprisonment.

As MacRae’s post linked above points out, New Hampshire judges at both state and federal levels overlooked these allegations, and declined to allow an evidentiary hearing to permit these witnesses to testify under oath. From a political standpoint, this may be business as usual in New Hampshire. From a justice standpoint, it is most disturbing.

At the start of 2022, advocates for Father MacRae learned that former Detective James McLaughlin appears on a newly published list of police officers with professional misconduct or credibility issues previously held in secret personnel files. The list had been held in secret for years by the NH Attorney General, but a recent legal decision required its public release. Formally called the “Exculpatory Evidence Schedule,” the list is also known as the “Laurie List” for the NH Supreme Court case that initiated it.

It came as no surprise to discover Detective McLaughlin on this list for a 1985 incident of “Falsification of Records.” That was nine years before MacRae’s trial. Over fifty years ago, the U.S. Supreme Court ruled in Brady v. Maryland that state and federal prosecutors are required under the Due Process Clause of the U.S. Constitution to reveal to defendants and legal counsel all exculpatory evidence uncovered in the investigation of a case.

The failure of prosecutors to reveal the “falsification of records” charge against Detective McLaughlin was a violation of what is known as the “Brady Rule” that can and should overturn a conviction. As a minimum, it constitutes new evidence that can reopen a case for judicial review of the entire case.

Advocates first learned of this Brady violation from an article published at InDepthNH.org by Damien Fisher entitled, “AG Hides Some ‘Laurie List’ Names Hours After Release.” The article, though largely accurate, contained some misinformation. It described MacRae as a “former” Catholic priest which is not accurate. It also cited that MacRae “claimed that McLaughlin offered to pay cash to one of his accusers.” That claim was not made by MacRae, but by the accuser himself who recanted in a signed statement obtained by former FBI Agent James Abbott.

Politics and Prosecution

The New Hampshire Center for Public Interest Journalism, which publishes InDepthNH.org, is continuing its lawsuit seeking full and unredacted disclosure of the “Laurie List” in its entirety. A more recent article by Damien Fisher, “Famed Keene Cop Called Out for Federal Entrapment” (January 11, 2022) detailed a clear case of entrapment by McLaughlin. The article describes the original “Laurie List” charge of “Falsification of Records” by McLaughlin as “Falsification of Evidence.”

Noted Boston lawyers Harvey Silverglate and Alan Dershowitz are long-time associates in the cause of preservation of our civil rights and civil liberties. Mr. Dershowitz wrote the Forward for Silverglate’s acclaimed 2009 book, Three Felonies a Day: How the Feds Target the Innocent. The following is an excerpt:

“Our system of investigation and prosecution is unique in the world. We [in America] have politicized the role of prosecutor, not only at the federal level but in all of our states and counties as well. Nowhere else are prosecutors (or judges) elected. Indeed, it is unthinkable in most parts of the world to have prosecutors run for office, make campaign promises and solicit contributions. In the United States, prosecutors are not only elected but the job is a stepping stone to higher office as evidenced by the fact that nearly every congressman or senator who ever practiced law once served as a prosecutor. Winning becomes more important than doing justice.” (p. xxv)

There were two prosecutors at Father Gordon MacRae’s 1994 trial. One inexplicably took his own life several years later after the first articles challenging this case appeared in The Wall Street Journal and were published along with the items in our Documents page at a site that preceded MacRae’s blog. The lead prosecutor was Bruce Elliot Reynolds. At the time of the high profile trial, he used its notoriety to campaign for another Assistant County Attorney in his office who was running to unseat the incumbent. In New Hampshire, a County Attorney is equivalent to a District Attorney in other states.

There was a lot that went on behind the scenes of this trial. The lead prosecutor was reined in by the judge for sensational media statements about the trial which could (and did) taint the jury pool. The trial drew lots of local news coverage. As it got under way, Mr. Reynolds was chastised by Judge Arthur Brennan for wearing his campaign button before news cameras.

On the day after the trial, for reasons unknown, Reynolds was fired by the winner of the election, the incumbent against whom he was campaigning. Sometime later, Reynolds decided to run for County Attorney himself. His campaign cited his “vigorous” prosecution of Father Gordon MacRae as his most significant “tough on crime” career achievement. Mr. Reynolds was then exposed for some sort of tax matter, dropped out of the race, and left the state. He relocated to the State of Wisconsin.

Prior to the trial, Reynolds sent a letter to MacRae’s defense counsel which laid out terms for a strikingly lenient plea deal for a sentence of one to three years in prison if MacRae would simply plead guilty. He refused this offer because he is not guilty. He refused a similar offer in the middle of trial when the offer was reduced to one-to-two years. The prosecutor asked what it would take to get MacRae to take the deal. His lawyer’s answer: “The dismissal of charges because he is innocent.”

It seemed clear throughout pretrial motion hearings and the trial itself that the real prosecution of this case was carried out by Detective James McLaughlin, the sole sex crimes detective among the 25 or so officers in the Keene, NH Police Department. An account of how Detective McLaughlin investigated this matter is laid out in “Wrongful Convictions: the Other Police Misconduct.”

A Conspiracy of Fraud

This trial was a classic example of why the blending of politics and the justice system often defeats justice. The trial was not about arriving at the truth. It was all about winning, at any cost, because political aspirations and careers were at stake. In no other arena but the political could a prosecution accept without question testimony from a grown man who claimed that he was sexually assaulted five times by a Catholic priest a dozen years earlier at age 15, but returned to be assaulted again and again for a total of five times because he repressed all memory of the vicious assaults from week to week.

Only political blindness could deny and obfuscate the fact that a $200,000 settlement from a Catholic diocese is a possible enticement for perjury and fraud. As Alan Dershowitz observed above, “Winning becomes more important than doing justice.” Such an arena requires the work of an unethical crusader to mold and shape a case toward that end. In Detective James McLaughlin, the State had just such a crusader.

At the “Documents” section on this site is a three-part case history which was the result of substantial research. It includes a most telling document entitled, “United States District Court: Gordon J. MacRae v. James F. McLaughlin, et al.” It requires a little background. Prior to the 1994 MacRae trial, the suppression of evidence and one-sided media coverage was so great that Father MacRae felt his only recourse was to file a lawsuit of his own. It lays out the bold but simple truth of this matter. No one refuted even one of its many claims.

The lawsuit was upheld and survived several attempts to have it thrown out, but in the end it had to be dismissed without prejudice — meaning without a judicial ruling — when MacRae was convicted at trial. He could only bring the lawsuit again if the underlying convictions were resolved. This document lays out perhaps the most chilling factual abuse of police power in this or virtually any other case. It is well worth a review.

Prior to this trial MacRae voluntarily took, and conclusively passed, two polygraph examinations with a noted expert. Some of Detective McLaughlin police reports made allusions to the possible creation of child pornography by MacRae. At the time of his sentencing, Judge Arthur Brennan cited this, claiming that “This Court has heard clear and compelling evidence that you created pornography of your victims.” This never surfaced at all during the trial, but the ugly accusation at sentencing was later used for a purely evil endeavor. It was used by SNAP, the Survivors Network of those Abused by Priests, to bolster a crimes against humanity charge targetting Pope Benedict XVI at the International Criminal Court at The Hague.

Mercifully the effort failed. Eleven years later in 2005 Dorothy Rabinowitz at The Wall Street Journal questioned Detective McLaughlin about the nature and substance of that evidence. “There was never any evidence of child pornography,” he admitted. In this entire matter, that was the only time McLaughlin told the truth.

During the trial, two court observers reported spotting a woman in the gallery giving hand signals to Thomas Grover to begin crying during his testimony. It came after he testified that he was unaware of any plan to sue the Catholic Church. He was asked by MacRae’s counsel to reveal to whom he went first with his accusations: the police or a lawyer. At this point, Ms. Pauline Goupil was observed from the gallery signalling Grover to cry. He was riveted upon her for his entire testimony. At that point she was seen placing her fingers below her eye and then down her cheek in a pantomime of crying. In response, 27-year-old Grover wept loudly and at length. The two witnesses who observed it reported it to the defense counsel who then approached the bench. Judge Brennan cleared the jury from the court and called Ms. Goupil to the stand. She identified herself as a therapist retained by Thomas Grover at the behest of his attorney. All treatment records of Mr. Grover were to be reviewed by the defense pretrial, but neither Pauline Goupil’s records nor the fact of her treatment of Grover were revealed.

Hard evidence surfaced pretrial that Detective McLaughlin conducted some of his one-sided investigation, not from his Keene police office, but from 60 miles away in the law office of Robert Upton, the personal injury lawyer who brought a lawsuit on behalf of Thomas Grover and obtained a $200,000 settlement from the Diocese of Manchester. Family members of Grover revealed years later that Grover was coached to “act crazy” before the jury, to appear vulnerable, and to commit perjury in regard to some of his testimony. When asked who did this coaching, their answer was Pauline Goupil and Detective McLaughlin. These family members, the former wife and stepson of Thomas Grover, were also barred from giving testimony under oath. The two people who observed Pauline Goupil’s courtroom witness tampering were also barred from testifying.

A public debt is owed to the NH Center for Public Interest Journalism which publishes InDepthNH.org. The Center continues an open lawsuit contending that the new law that only partially released the “Laurie List” does not protect the public right to know its extent.

In a 2003 Concord Monitor article — now apparently removed from the Internet — fellow Keene, NH officer Sgt. Hal Brown defended McLaughlin’s shady tactics and actions:

“It’s our job to ferret the criminal element out of society.”

I believe Father MacRae would today agree with me that those are very scary words!

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

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Editor’s Note: Please share this important post on your social media.

You may also be interested in these related articles:

Predator Police: The New Hampshire ‘Laurie List’ Bombshell

Police Investigative Misconduct Railroaded an Innocent Catholic Priest

A Grievous Error in Judge Joseph LaPlante’s Court

Several years after sentencing Father Gordon MacRae to life in prison, Judge Arthur Brennan was arrested in Washington, DC in 2011 during a protest in which he tried to occupy the US Capitol Building.

Predator Police: The New Hampshire ‘Laurie List’ Bombshell

Detective James McLaughlin shows up on a previously secret list of dishonest police for falsifying records. In 1994 he falsified the case against Fr Gordon MacRae.

January 19, 2022

I was hoping to find someone else to write this, but information happened fast and time is critical. So I will write it myself even though I have an obvious conflict of interest. At this writing I am in my 28th year of unjust imprisonment. In that time, every avenue of appeal has been exhausted with no hope for justice. All resources for further appeals are also exhausted. And, frankly, so am I.

Many well-meaning friends and readers have nonetheless urged me in recent years to continue to explore and pursue any means to address what seems for most a clear injustice. My 67-year prison sentence — after rejecting plea deal offers to serve one year — just doesn’t sit well with fair-minded, rational people. That seems especially so given that if I were in fact guilty or at least willing to pretend so in 1994, I would have left prison 26 years ago.

From seemingly out of nowhere, a new development has arisen at the start of 2022. I am told that it has the potential to either right a wrong and set me free or simply fade away like all previous endeavors that left me to die in prison. I had come to accept that latter reality. My focus in the last two years, like that of my friend and patron, St. Maximilian Kolbe, was to set someone else free. I am proud of that accomplishment. It is all I have to show for this injustice. Then, at the very close of 2021, a bombshell exploded on New Year’s Eve.

The New Hampshire LEACT Commission

I received a message that day from an old friend, Joseph Lascaze. Like Pornchai Moontri, Joseph went to prison at age 18. Also like Pornchai, he accomplished something extraordinary in that time. After a few aimless years lost in an aimless prison system, Joseph fought against many obstacles to educate himself. Over those years, he became a close friend to both me and Pornchai. Prison is not a good place to grow up, but Joseph did, and in spite of all obstacles he became an exemplary citizen and gifted young man.

Joseph was released in 2019 and is today the “Smart Justice Campaign Manager” for the New Hampshire Chapter of the American Civil Liberties Union (ACLU). He also serves by invitation of NH Governor Christopher Sununu on the Governor’s LEACT Commission (Law Enforcement Accountability, Community, and Transparency). Joseph has been well received and even honored by New Hampshire law enforcement for his candor and unprecedented contributions to this Commission.

Among many other projects, Joseph has worked with LEACT to make public a previously secret document held by the NH Attorney General entitled the “Exculpatory Evidence Schedule.” It is more popularly known as the “Laurie List” named for the judicial ruling that created it. The ACLU, along with several NH media outlets, sued the state under the Freedom of Information Act to make the list public.

Joseph’s New Year’s Eve message was read to me by another friend who noted that Joseph attached an article he urgently wanted me to see. The article, by Damien Fisher at InDepthNH.org, was “AG Hides Some ‘Laurie List’ Names Hours After Release.” In short, the ACLU lawsuit settlement dictates that the secret ‘Laurie List’ is now to be a public list.

The potential bombshell for me is this: It turns out that Keene, NH Detective James F. McLaughlin, who choreographed the case against me in 1994, was sanctioned and placed on the list for “Falsification of Records” in 1985, nine years before my trial. Another recent InDepthNH article by Nancy West,entitled “AG Removes 28 Names From ‘Laurie List’ of Dishonest Police Outside the Law,” describes what this development potentially means:

“Officers placed on the list sustained discipline for dishonesty, excessive force, or mental illness in confidential personnel files .... If a criminal defendant finds out that such evidence existed, even many years later, he or she can petition the court for a new trial or try to have the charges dropped altogether.”

InDepthNH, November 24, 2021

More than a half century ago, the U.S. Supreme Court ruled in ‘Brady v. Maryland’ that criminal defendants must receive all exculpatory evidence or their conviction could be overturned or vacated entirely.

The Suppression of Exculpatory Evidence

Needless to say, neither I nor my defense were made aware of the 1985 falsification of records infraction against Detective McLaughlin before my trial. But that was certainly not the only suppression of exculpatory evidence. In multiple police reports prepared by McLaughlin before trial — reports which steered the prosecutor’s case — McLaughlin made repeated references to tape recorded phone calls and interviews from which he made specific claims.

Some of the subjects on those tapes claimed that McLaughlin grossly misquoted them or included statements that they never made at all. Despite a court order to turn those recordings over to my defense, every one of them disappeared before trial. McLaughlin claimed, for example, that a specific tape was “recycled” and a transcript that his report referred to was never made due to a “clerical error.” Years later, McLaughlin sent that same tape to The Wall Street Journal despite the fact that it contained none of what he said it contained. Writing in The Wall Street Journal in 2005, Dorothy Rabinowitz addressed this:

“On the police tape, an otherwise bewildered-sounding Fr. MacRae is consistently clear about one thing — that he in no way solicited [anyone] ... 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 the charge and its causes 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.”

A Priest’s Story Part 1: The trial, April 27, 2005

There was no evidence at all in the case brought against me in 1994. In New Hampshire — as in many states since the 1980s — no evidence is needed to convict someone accused of a sexual offense. No evidence was admitted at my trial beyond the word of 27-year old accuser, Thomas Grover, a man with a criminal record who stood to gain $200,000 for making the claim.

The story of how that trial unfolded has received much attention over the years. Dorothy Rabinowitz, a Pulitzer-prize winning member of The Wall Street Journal Editorial Board, published two major articles on my trial and its back story in 2005 and a third in 2013 entitled “The Trials of Father MacRae.”

These articles sparked some national interest, but no one could have predicted the tidal wave of accusations against Catholic priests that arose in 2002 and continued until the present day. Other media — including most in the Catholic media — decided to look the other way in any case of injustice against a priest.

Seeking justice has been a steep uphill battle. In 2009, at about the same time this blog began, a new investigator began a fresh look at the case. A decorated career FBI Special Agent Supervisor, he ended his investigation in 2012 concluding, bluntly:

“In my three year investigation of this matter, I found no evidence that MacRae committed these crimes or any crimes. Indeed, the only ‘evidence’ was the statements of Thomas Grover which have been discredited by those who were around him at the time including members of his own family.”

Affidavit of former FBI Special Agent Supervisor James Abbott, Ret.

Alarming New Evidence Alarmingly Ignored

When no evidence is needed to put a man in prison there is no evidence to dismantle or challenge. Nonetheless, Mr. Abbott’s investigation uncovered many things, including allegations of misconduct by Detective James McLaughlin. New witnesses were interviewed and they bravely came forward to write and sign statements in the case. Their evidence is profiled by David F. Pierre at The Media Report under the title, “Alarming New Evidence May Exonerate Imprisoned Priest.”

Among the many statements described and quoted there is one from Steven Wollschlager obtained by the Investigator. Steven, facing a drug charge, described being summoned to the office of Detective McLaughlin where, he alleges, he was offered a direct monetary bribe in exchange for a fabricated accusation against me. He was given $50 in cash and told that “a large sum of money” could be obtained in a civil suit. “Life could go a lot easier for you with a large sum of money,” McLaughlin allegedly said.

Steven wrote that the detective “knew I was using drugs at the time and could have been influenced to say anything for money.” Enticed by the prospect, Steven agreed to come up with a fabricated claim. He then received a summons to appear before a Grand Jury to help bring a new indictment. It was a testament to his integrity that his conscience, instead of the proffered bribe, became his guide. He decided that he could not do this “to someone who only tried to help me.” He was then told to go away because “we won’t be needing anything more from you.”

I write that these witnesses “bravely” decided to come forward because some of them were threatened by Detective McLaughlin before my trial. One witness, former drug abuse counselor Debra Collett who treated Thomas Grover, denied that he accused me during therapy sessions as he alleged. She described being “bullied,” “coerced,” “overtly threatened” by this detective when she would not say what he wanted to hear. “I will come to your house and physically drag you out of it,” she was told.

Ms. Collett described that the entire interview was recorded, but that tape, like other exculpatory evidence, “disappeared” before my trial. It is shocking that judges reviewing my appeals declined to even hear from these witnesses. Innocence Project founders Barry Scheck and Peter Neufeld described how such misconduct by police was sometimes covered up by judges. From their acclaimed book, Actual Innocence:

“For 64 percent of DNA exonerations analyzed by the Innocence Project, misconduct by police or prosecutors played an important role in the convictions. Lies, cheating, distortions at the lower levels of the system are excused at the higher ones.”

Barry Scheck, Actual Innocence, p. 225

That is exactly what happened when my habeas corpus appeal and its accompanying memorandum of Law was filed in 2012. One judge after another summarily declined to hold any hearing that would give these witnesses a chance to go on record. One possible reason for this is that Detective McLaughlin has brought forward hundreds of cases with an almost 100-percent conviction record through offers of lenient plea deals.

I believe judges are reluctant to deal with the “Pandora’s Box” of challenged convictions if this officer’s challenged integrity becomes public. I wrote more about this in a March 2021 post, “Wrongful Convictions: The Other Police Misconduct.”

I was entirely demoralized by the judicial lack of regard for truth and due process in this story. A witness, who directly accused a sworn officer of offering a bribe to suborn perjury before a grand jury has been simply ignored and silenced. I saw no further path if judges can willfully decline to hear such testimony.

So my attention turned then to assisting my friend, Pornchai Moontri, whose plight was even more brutally unjust than my own. I made a promise to him, to myself, and to God that I would use whatever time I had left in life to do all I could to bring forward the truth of his situation and free him.

With help from readers, I did just that. The person who arranged for him to be brought here from Thailand at age 11 — only to be horrendously exploited and sexually abused — was found and brought to justice in 2018. He pled “no contest” to forty felony charges of sexual assault of a minor in Penobscot (Maine) Superior Court in September 2018, but was sentenced (are you sitting down?) to zero prison time and 18 years probation.

I had no reason left to expect anything even remotely resembling justice from our justice system. But then, yet another ray of hope surfaced just at the dawn of a new year.

I do not know what to do. The prospect of possibly emerging as a free man after over 27 years unjustly in prison is daunting. The very infrastructure of my life has long since disintegrated. Even in prison I remain a priest, but in freedom I doubt that my bishop would do anything to help me. I will be 69 years old in April, 2022. At the age at which most people plan for retirement, I would be faced with starting life anew. But how? Where? Would I now be required to sacrifice priesthood for freedom?

It will be many months before there is clear direction on what comes next. I will keep you posted ... .

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Please visit our new “Documents” section in the Navigation Bar for more information about this story. Please also share this post. You may be interested in the following relevant posts:

Wrongful Conviction: The Other Police Misconduct

The Trials of Father MacRae by Dorothy Rabinowitz

The Trial of Father MacRae: A Conspiracy of Fraud by Ryan MacDonald

LEACT commissioners include, from left, Rep. David Welch, Joseph Lascaze, John Scippa, Hanover Police Chief Charlie Dennis, and Lt. Mark Morrison of Londonderry.