Weapons of Mass Destruction

At the behest of paid, unnamed ‘trauma-informed consultants,’ my diocese provided a six-figure settlement for a claim far too old to be filed in any court of law.

May 22, 2024 by Fr Gordon MacRae

And they keep on coming. A year before the 2002 wave of clergy sex abuse claims rippled out of Boston across the country, Sean Murphy, age 37, and his mother, Sylvia, demanded $850,000 from the Archdiocese of Boston. Sean claimed that three decades earlier, he and his brother were repeatedly molested by their parish priest. In support of the claim, Mrs. Murphy produced old school records placing her sons in a community where the priest was once assigned. No other corroboration was needed. Shortly thereafter, Byron Worth, age 41, recounted molestation by the same priest and demanded his own six-figure settlement. The men were following an established practice of “mediated settlements,” a precedent set in the early 1990s when a multitude of molestation claims from the 1960s and 1970s emerged against Father James Porter and a few other priests. In 1993, the Diocese of Fall River settled some 80 such claims in a single negotiated deal. Other Church institutions followed that lead on the advice of insurers and attorneys.

Before the Murphys’ $850,000 demand was paid, however, Sean, his mother, and Byron Worth were indicted by a Massachusetts grand jury for conspiracy, attempted larceny, and soliciting others to commit larceny. It turned out that Sean and Byron were once inmates together at the Massachusetts Correctional Institute at Shirley where they concocted their fraudulent plan to score a windfall from their beleaguered Church.

On November 16, 2001, Sean Murphy and Byron Worth pleaded guilty to fraud charges and were sentenced to less than two years in prison for the scam. The younger Murphy brother was never charged, and Mrs. Murphy died before facing court proceedings. Local newspapers relegated the Murphy scam to the far back pages while headlines screamed about the emerging multitude of decades-old claims of abuse by priests. When two other inmates at MCI-Shirley accused another priest in 2001, a Boston lawyer wrote that it is no coincidence these men shared the same prison. “They also shared the same contingency lawyer,” he wrote. “I have some contacts in the prison system, having been an attorney for some time, and it has been made known to me that this is a current and popular scam.”

It is not difficult to understand the roots of such fraud. Prison inmates, like others, read newspapers. Just months before the onslaught of claims against priests, the Archdiocese of Boston landed on the litigation radar screen with the notorious arrest of Mr. Christopher Reardon, a young, married, Catholic layman, model citizen, and youth counselor at a local YMCA who was also employed part-time at a small, remote parish outpost north of Boston. As Mr. Reardon’s extensive serial child molestation case came to light—with substantial and graphic DNA, videotape, and photographic evidence of assaults that occurred over previous months—the YMCA quickly entered into settlements consistent with the State’s charitable immunity laws.

In a search for deeper pockets, however, a local contingency lawyer pondered for the news media about whether the rural part-time parish worker’s activities were personally known—and covered up—by the Cardinal Archbishop of Boston. It was a ludicrous suggestion, but it was a springboard to announce in the Boston Globe (July 14, 2001) that “the hearsay and speculation” among lawyers and clients, is that “the Catholic Church settled their cases [of suspected abuse by priests] for an average of $500,000 each since the 1990s.”

It was a dangled lure that would soon have many takers, some of whom have been to the Church’s ATM more than once. In January of 2003, at the height of the clergy scandal, a 68-year-old Massachusetts priest had the poor judgment to be drawn into a series of suggestive Internet exchanges with a total stranger, a 32-year-old man named Dominic Martin. Using a threat of media exposure of the printed exchanges, Mr. Martin demanded that the priest leave an envelope containing $3,000 in a local restaurant lobby.

The frightened priest, who never had a prior accusation, compounded his poor judgment by paying the demand. Soon after, another cash demand was made, but the priest finally called the police who set up a sting of their own. On January 24, 2003, Dominic Martin and his wife, Brianna, were arrested at the drop point, and charged with extortion.

The police report revealed that Mr. Martin had changed his name. His birth name was identified as Tod Biltcliffe, a man who, a decade earlier, obtained a settlement when he accused a New Hampshire priest of molesting him in the 1980s. At the time the priest protested that Mr. Biltcliffe was committing fraud and larceny. The Church settled anyway. Biltcliffe’s claim was that when he was 15 years old, the priest fondled his genitals while the two were in a hot tub at a local YMCA. Curiously, the investigation file contained a transcript of a 1988 “Geraldo Rivera” show entitled “The Church’s Sexual Watergate.” One of the cases profiled was that of a young man who claimed that a priest fondled his genitals while the two were in a hot tub at a local YMCA.

The 1988 “Geraldo” transcript was a sensationalized account of clergy sex abuse cases from the 1970s and 1980s. The transcript is notable because it contains many of the same claims of exposing secret Church documents, archives, and episcopal cover-ups in 1988 that lawyers and reporters claim to have exposed for the first time in 2003.

Writer Jason Berry, and contingency lawyers Jeffrey Anderson and Roland Lewis all appeared live on “Geraldo” on November 14, 1988 to announce the existence of secret Church archives, cover-ups by bishops, and out-of-court settlements of Catholic clergy sex abuse claims across the country. Jason Berry, who excoriates the Church and priesthood at every turn, actually defended, in 1988, the existence of so-called “secret” Church archives: “Canon law says that you have to have a secret archive in every diocese…. That’s funny because I’ve been attacking the Church for three years on this… I want to express my own irony of [now] being in a position of defending the Church.”

Enter Shamont Lyle Sapp

When Shamont Lyle Sapp first detected the smell of money, he found it too enticing to pass up. Convicted for a series of bank robberies, Mr. Sapp, then age 51, was serving a lengthy sentence in the dark peripheries of the U.S. Penitentiary in Allenwood, Pennsylvania when the scent first drifted by his cell in 2008. That was when Sapp filed a lawsuit against the Archdiocese of Portland, Oregon. Detailing his tragic past, Sapp’s lawsuit claimed that he was a stranded teenage runaway from his Pennsylvania home en route to stay with relatives in Oregon. Then Archdiocese of Portland priest, Father Thomas Laughlin took advantage of his plight to repeatedly sexually abuse him.

Sapp claimed in his highly detailed lawsuit that the priest offered the young runaway a job cutting grass, then sexually abused him at a Portland Catholic church. Then Father Laughlin sodomized him during a five-day motel stay paid for by the priest who then funded the youth’s return trip to Pennsylvania. It was the latest horror story in the Catholic abuse narrative, and one that dismayed Catholics coast to coast.

Mr. Sapp’s story rang true, so it flew. Further inquiry was deemed unnecessary. The detailed claims were reported to civil legal authorities for whom the story also rang true, but Father Tom Laughlin had already been accused and convicted by others with similar tales. Mr. Sapp’s disturbing story added to the weight of a growing millstone around the priest’s neck.

In all public documents in the case, Mr. Sapp found refuge among an ever-expanding list of “John Does” accusing priests from the Archdiocese of Portland to cash in on its bankruptcy proceedings. Sapp’s story was accepted at face value resulting in a cash settlement of $70,000. Inmate Sapp accepted the offer while lawyers, the Archdiocese, and victim advocates all pontificated about how no amount of money could compensate him for the trauma he endured. As for Father Laughlin, the “credible” (aka “settled”) accusations drove another nail into the coffin containing the remains of his priesthood as the Archdiocese sought his dismissal.

There was only one problem with Shamont Lyle Sapp’s story: “It was entirely fabricated,” said Assistant U.S. Attorney Stephen Peifer who in 2014 prosecuted Sapp for mail fraud and other federal charges for this and three similar frauds carried out against Catholic priests and dioceses in four jurisdictions. While serving another sentence in a medium security state prison in Minersville, PA, Mr. Sapp filed a second lawsuit claiming that a priest of the Diocese of Tucson, Arizona sexually abused him.

Later still, Sapp was serving a sentence in a South Carolina prison from where he sought compensation for claimed sexual abuse by another priest. And before all the above, Sapp filed a 2006 lawsuit claiming that a Spokane, Washington priest had sexually abused him in a similar account.

In all these other claims, Sapp picked from diocesan records the names of senior priests who had never before been accused, destroying not only their good names, but their vocations. Each was removed from ministry under the terms of the U.S. Bishops’ Dallas Charter. They became “Priests in Limbo,” as the National Catholic Register’s Joan Frawley Desmond described priests living, sometimes for years, under a cloud of shame and suspicion for events that could not be disproven after the passage of time. In each of his claims, Shamont Lyle Sapp simply did a little research on publicly available bankruptcy proceedings entered into by each of the four beleaguered dioceses he sued. He then attached his name and claims to each case — one by one over several years — aided and abetted by an assurance of anonymity as “John Doe” at every level in the settlement process.

He was also “John Doe” in the news media, and in the fired-up rhetoric of the activists of SNAP, the Survivors Network of those Abused by Priests who are ready to dismiss any hard questions as “revictimizing the victims.” It was ultimately his own greed that unfolded Mr. Sapp’s hand. In 2011, Sapp gained some notoriety when he filed a lawsuit seeking $1 million in damages against comedians Jamie Fox and Tyler Perry, falsely claiming that they stole from him an idea for a film project called “Skank Robbers.” Finally, someone took a hard look at Shamont Lyle Sapp, and it was his undoing.

“Like the Anti-Communist Witch Hunt of the 1950s”

In a 2004 article in the Boston Phoenix, “Fleecing the Shepherds,” legal expert and author Harvey Silverglate cautioned against capitulating to significant numbers of questionable claims brought after the Church entered into huge blanket settlements. In some cases, such claims were deemed “credible” — the standard established for permanent removal of accused priests — with no other basis than their having been settled.

As accusations swept over the U.S. Church, few in the media dared write anything contrary to the tidal wave gaining indiscriminate momentum against the Church. A notable exception was the left-leaning Catholic magazine Commonweal, which editorialized: “Admittedly, perspective is hard to come by in the midst of a media barrage that is reminiscent of the day care sex abuse stories, now largely disproved, of the early nineties… All analogies limp, but it is hard not to be reminded of the din of accusation and conspiracy-mongering that characterized the anti-Communist witch hunts of the early 1950s.”

With media coverage of the unprecedented $4 billion invested in mediated settlements, the trolling for claims and litigation continues unabated. In 2007, a Boston area high school history teacher and coach of twenty years, a husband and father with no prior record or accusation, was caught up in an Internet sting by New Hampshire Detective James F. McLaughlin posing on-line as a teenage boy cruising Internet chat rooms for sexual encounters. The practice has netted the detective some 600 arrests, including — by his own estimation — one Catholic priest, six police officers, and 18 public school teachers.

The Keene, New Hampshire police detective was also known to have fielded cases for local contingency lawyers. The ex-teacher, now prison inmate, related that as the handcuffs were set upon him, before he was even led out of the YMCA to which he had been lured and arrested, Detective James F. McLaughlin reportedly asked some enticing questions: “Are you a Catholic?” “Yes,” said the suspect. “Were you ever an altar boy?” Another “Yes.” “Were you ever molested by a priest?”

+ + +

Note from Fr Gordon MacRae: The mainstream media, and sometimes even the Catholic media as well, too often shrinks from reporting on the story of fraudulent claims of victimhood. So please share this post on social media and elsewhere. You may also like these related posts from Beyond These Stone Walls:

The Lying, Scheming Altar Boy on the Cover of Newsweek

Follow the Money: Another Sinister Sex Abuse Grand Jury Report

Convicted for Cash: An American Grand Scam

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.”

Cardinal Theodore McCarrick and the Homosexual Matrix

A claim that the former Archbishop of Washington, DC sexually assaulted a New York 16-year-old in 1971 is weighed against a broader spectrum of homosexual behaviors.

Now that President Donald Trump has nominated Brett Kavanaugh, a respected Constitutional scholar and devout Catholic to the U.S. Supreme Court, we can expect some anti-Catholic rhetoric in months to come. In a recent Wall Street Journal op-ed about one of the other finalists (“Inside Amy Coney Barrett’s Cult,” WSJ, July 7, 2018), I wrote this comment for the WSJ Online edition:

“The greatest tragedy to befall the Catholic Church in America was to accommodate itself too much to the culture in which it lives. Its leaders became comfortable in America, then amassed power, and then tried to hide the corruption that always accompanies the need to retain power. But the humbling of Catholic leaders has run its course, and now, from the bottom of pop culture popularity, it is time to come back swinging.

Imagine the outcries if Islamic or Jewish nominees to the Supreme Court were publicly discredited by Senator Dianne Feinstein for actually living and believing the faith they profess. It is time for Catholic leaders to reconnect with their spines. This disdain for authentic Catholicism in America was brought to the fore when “Wikileaks Found Catholics in the Basket of Deplorables.”

It was premature of me to write, “But the humbling of Catholic leaders has run its course….”  Immediately after I wrote it, news surfaced that Cardinal Theodore McCarrick, former Archbishop of Washington, DC, was accused in what is described as a “credible and substantiated” claim of sexual abuse of a 16-year-old male.

My first thought was, “How can I possibly write about this?” How can I not write about it? This story has been the elephant in the sacristy for weeks. Cardinal Theodore McCarrick, age 88, has been accused of groping a 16-year-old boy in the sacristy of St. Patrick’s Cathedral in New York City when he was a priest in that archdiocese in 1971, long before he became a bishop.

But before anyone recoils in horror, the story needs a dose of perspective. I tried to bring some of that perspective in a comment on “McCarrick Accused,” a news story by Joan Frawley Desmond, a Senior Editor for the National Catholic Register.

The Register article raised many questions about who knew what and when in ‘the Cardinal McCarrick story, including whether his alleged homosexual predation was known to Pope John Paul II before McCarrick was appointed Archbishop of Washington and elevated to Cardinal. Here is my comment on that article:

“There can be no transparency on this topic as long as its cast of characters continues to wield the sex abuse story as a weapon in support of varying agendas. I have several issues with this story:

1) It is nearly a half-century old. Does anyone wonder why it surfaces only now just as a new conservative nominee to the Supreme Court is about to be named? What better way to stifle a Catholic voice than a renewed sex abuse scandal?

2) I was a first-year seminarian forty years ago and heard many stories about the homosexual exploits of then Bishop McCarrick. The stories were not passed around by seminarians who saw themselves as victims, but by young gay men who boasted of currying narcissistic favor with a bishop. I knew decades ago that Cardinal McCarrick had been strongly advised by the Apostolic Nuncio to sell his scandalous beach house.

3) There is no reason at all to believe that Pope John Paul II knew about any of this before elevating McCarrick to Cardinal Archbishop of Washington. The U.S. bishops treated this story with a wink and a nod for years and had each others’ backs.

4) What makes this newest claim of a minor “credible and substantiated?” He is not 16. He is 63, and McCarrick denies it. By what magic is this 47-year-old claim of groping “substantiated?”

5) And lastly, the BIG question: Why would American Catholic leaders go to such extreme lengths for so long to shield homosexual priests from being implicated in The Scandal? It is a monument to the power of reaction formation [a classic Freudian defense mechanism] when an entire institution prefers the term “pedophile scandal” to “homosexual scandal” even when the facts say otherwise.”

— Fr Gordon J. MacRae, NC Register

The Mirror of Justice Cracked

One of the many stinging rebukes of both Cardinal McCarrick and the American church coming out of this story was by Anthony Esolan in “Vesting in Lavender,” a blog post for The Catholic Thing. Professor Esolan wrote:

“And now this, about Cardinal McCarrick. The cardinal, choosing his words precisely, says he has no memory of ever having engaged in the sexual abuse of the erstwhile young man [who happens to be 63] who is now accusing him…

The cardinal has cautiously denied one sin, while not bothering to address the thousand others. For all these years, according to witnesses at last speaking out, he has been vesting in lavender, compromising young men in his charge… He has pointedly not said, ‘I have never had sexual relations with a seminarian or a priest.’”

Apologies to Anthony Esolan whom I much respect, but all I could think of when reading this was President Bill Clinton’s famous obfuscation, “I did not have sexual relations with that woman!”  (referring to Monica Lewinski), and his later, more measured response, “It depends on what you mean by sex.”

We, too, must choose our words carefully. A man accused of a crime — like the sexual abuse of a 16-year-old — must be judged on the evidence of the crime and not on his reputation. This is why our legal system has so-called “rape shield laws.” A woman who is a victim of assault is protected from having her sexual history placed on trial. The same must be true of a defendant.

Cardinal McCarrick will not be a defendant in this story. There will be no trial of facts because American criminal law does not allow for one 47 years after such an offense was alleged to have happened. But there will be a canonical procedure because “prescription,” canon law’s version of a statute of limitations, was dispensed with after the U.S. Bishops’ “Dallas Charter.”

It’s ironic that Cardinal McCarrick was one of the Dallas Charter’s main proponents pushing it through. “Zero tolerance” and the due process rights that the Charter has so severely eroded for a multitude of accused priests will now also apply to Cardinal McCarrick. We learned a lot about the flaws in that process in Father Stuart MacDonald’s recent very popular post, “Last Rights: Canon Law in a Mirror of Justice Cracked.”

Nonetheless, Cardinal McCarrick should still be due the rights that have been denied to others. One canon lawyer who read my comment in the Register sent me a message thanking me for it adding, “Your point number four should be shouted from the rooftops again and again.” Let me reiterate point number four:

“What makes this newest claim of a minor ‘credible and substantiated?’ He is not 16. He is 63, and McCarrick denies it. By what magic is this 47-year-old claim of groping ‘substantiated?’”

I do not think that we should be so quick to accept that this is “credible and substantiated” as claimed. The 197l claim surfaced for the first time only after the Archdiocese of New York announced the existence of a fund to compensate victims of sexual abuse related to the ministry of the Archdiocese. There was a time when possible financial motives for bringing such claims were examined in a critical light.

The person who brought this claim — after waiting 47 years — is not 16 years old. He is 63. Additionally, the claim is unlike every other claim of homosexual misconduct now alleged against Cardinal McCarrick. This claim alleges force and a story that the unnamed victim had to “fight off” an alleged second assault in the sacristy of one of the busiest cathedrals on the planet.

It is also important to understand what the bishops and their Dallas Charter now mean by “credible.” It is not nearly the same “reasonable doubt” standard that should (but isn’t always) be present in a criminal trial. “Credible” simply means that it cannot immediately be disproven. If the young man lived in NYC at age 16 and did attend a specific Catholic school, then the claims could have happened. “Credible” means no more than that.

“Substantiated” is a very different standard. It requires (or at least should require) an admission of the accused. Cardinal McCarrick vehemently denies this claim. Or it should require the statement of a corroborating witness. If there is one, why would it take 47 years for that person to come forward? And why would the integrity of this snippet of memory be accepted at face value? This is why statutes of limitations exist in legal systems. They exist to promote justice, not defy it.

None of the above means that Cardinal McCarrick is not culpable for the much broader history now being claimed of him in light of this incident from nearly a half-century ago. My issue with this is that the claims are presented as though they have only now surfaced. These claims are not newly discovered.. There is nothing new here. For decades, McCarrick had been rumored to be involved in grooming seminarians and others, casting suspicion on his own sexuality. I will return to this in a moment.

The Homosexual Matrix

In a coming post, I plan to write about some recent statements of Pope Francis and his supposedly “progressive” views. For now, I want to point out something that he recently said that was about as counter-progressive as a pope could get. The news media played this down to the point of ignoring it, but Pope Francis has said something revolutionary about homosexuality and the priesthood.

He told the Italian bishops in May that they should not accept seminary candidates who exhibit same-sex attraction because “it could end in scandal.” It amazes me that the news media would hype Amoris laetitia and its suggestion of a dialog on reception of the Eucharist for those in an invalid marriage while keeping a media blackout about his statements on same-sex marriage and barring homosexual candidates from priesthood.

Prior to my current state in life, I served as Director of Admissions for a residential center that provided spiritual rehabilitation and psychological care for priests, brothers, and seminarians. The facility and its sponsoring religious order, the Servants of the Paraclete, were a profound source of good in the lives of many wounded priests.

I hope it no longer comes as a shock that there are indeed Catholic priests who have experienced same-sex attraction. Along with other conditions with the potential to compromise ministry and fidelity to priesthood, many of them had come to face this openly, and for the first time in their lives, under the care of the Servants of the Paraclete.

No one in that setting promoted homosexuality. No one condoned it. There was no “wink and nod” or looking the other way. Fidelity to the Church’s teaching was upheld and embraced while also embracing the human realities and limits we all face and cope with. Our shared inability to live an ideal is never an excuse for disposing of the ideal.

I think most Catholics are beyond feeling scandalized by the mere existence of same-sex attraction in the life of a priest. I remember being told by one priest that he could not bear the shock of others in his life learning of this. I told him that the real shock may be his revelation to them that he thought they did not already know.

For many of these men, this aspect of themselves existed only in the internal forum, wrestled with by their consciences but not involving what anyone could call a “lifestyle.” Many of these priests sought out spiritual and psychological support to address this because of their fidelity, not in spite of it.

What we tried to convey, and helped them to apply, was their responsibility for discerning and maintaining the boundaries — physical, psychological, and spiritual — between having such an attraction and acting upon it. It was my position, and a well-received one, that heterosexual priests had to discern and maintain those very same boundaries. Celibacy and other requirements of priesthood are not dispensable options.

Some priests and seminarians struggle with same-sex attraction, and those who are spiritually strengthened by their own struggle can be fine priests who live celibate lives with accountability and transparency. But I have also encountered another condition among many — but certainly not all — homosexual seminarians and priests. I found the prevalence of narcissistic personality disorder among them to be inordinately high. Perhaps it is inordinately high in the wider “gay community” as well.

I believe it is this disorder, and not simply same-sex attraction, that is the real impediment to Holy Orders. It is this that must be detected and treated as an impediment for seminary candidates. Narcissistic personality disorder is one of the most difficult personality disorders to treat and modify. One of its symptoms is the objectification of others for one’s own gratification.

Narcissistic personality disorder is manifested in a tendency to be grandiose and exhibit inflated self-importance. It is manifested in a lack of genuine empathy, seeks to be exploitive, tends toward a sense of entitlement, and takes advantage of others who are objectified and groomed with no account of what might be in their best interest.

When coupled with same-sex attraction, narcissistic personality disorder creates what I call a “homosexual matrix.” In science, a matrix is “a situation or surrounding substance within which something else originates, develops, or is contained.” There are priests with same-sex attraction who struggle for and attain fidelity and equilibrium in their lives as men and as priests.

There are others, however, for whom an identity as “gay” is the core of their being. It is their matrix, and all other aspects of their lives — including priesthood — must accommodate it and become subjugated in service to it. It becomes the centerpiece of one’s identity and renders a man incapable of living the charisms of priesthood.

I do not pretend to psychoanalyze Cardinal McCarrick — and it would be a grave injustice to do so — but I remember being a seminarian in the late 1970s when he was an auxiliary bishop of New York, and in 1981 when he became Bishop of Metuchin, New Jersey. I remember the stories about him told by young men who did not present themselves as victims, but as predators in their own right. They did not present as McCarrick’s conquests, but often rather the other way around.

Some of Bishop McCarrick’s seminarians and their friends openly boasted of what they concluded was his attraction to them. They spoke of how they fostered it, were invited to his beach house, even slept in the same bed at times, but there were no stories of overt sexual predation or force until the lure of money was at the other end of the story.

I did not travel within the seminary circles that reveled in the trading of such accounts. As a seminarian, I was in a smaller circle of men who were repulsed by them. But my instinct was clear. These young men objectified themselves, measuring their own self-worth by the quality and quantity of attention from someone like Bishop McCarrick. Some went on to ordination in a state of narcissism and objectification of others.

In his “Scandal Time” series of essays in First Things in 2002, the late Father Richard John Neuhaus described the seminary climate of the time. None of this is newly discovered news:

“Today’s newspaper brings another report, this one about a seminary in the Southwest where the influence of the ‘lavender mafia’ and the consequent and predictable scandals are coming to light. ‘I have no control over the seminary,’ the bishop is reported as saying. That is simply false…

“Now there is Michael Rose’s forthcoming book, Goodbye, Good Men (2002) which I have had a chance to read… A large part of the book is based on interviews with men who were repelled by seminaries dominated by the ‘lavender mafia.’ Rose names names…”

Cardinal McCarrick was surrounded by priests and bishops who knew the path he was on, treated it with “a wink and a nod” typical of the 1970s, and did little to foster accountability. For reasons of their own, they promote an image today that these matters are coming to light for the first time. They are not.

But this is another time, and now Theodore McCarrick is stripped of his Red Hat. Hindsight is not always the best sight. Fifty years after the brave Pope Paul VI signed Humanae vitae, we should bravely face the legacy of the sexual revolution and how it has stripped many of honor, fidelity, and dignity. Hindsight does expose one glaring truth: It was, in fact, revolting.

There is more to be said of all this, but I must repeat point number five in my National Catholic Register comment above:

“And lastly, the BIG question: Why would American Catholic leaders go to such extreme lengths for so long to shield homosexual priests from being implicated in The Scandal? It is a monument to the power of reaction formation when an entire institution prefers the term “pedophile scandal” to “homosexual scandal” even when the facts say otherwise.”

Editor’s Note: Please share this important post. You may also like these related posts from Fr. Gordon MacRae at These Stone Walls:

Catholic Scandal & the Third Reich: Rise & Fall of a Moral Panic

Cardinal George Pell Is on Trial and So Is Australia

Cardinal Bernard Law on the Frontier of Civil Rights

Justice and Priests Are Both Easy Prey Without Truth

Please share this post!

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.

+ + +

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