Walking Tall: The Justice Behind the Eighth Commandment

Amid reports on scores of men wrongly imprisoned, a California FBI investigator’s study concludes that at least half the claims against Catholic priests are false.

“IF YOU LET ‘EM GET AWAY WITH THIS, YOU GIVE ‘EM THE ETERNAL RIGHT TO DO THE SAME DAMN THING TO ANY ONE OF YOU!”

That memorable line was delivered with blunt force by actor Joe Don Baker portraying the famous anti-corruption sheriff, Buford Pusser, in the 1973 film, “Walking Tall.” Buford stood shirtless before a packed courthouse, the lacerations of his brutal scourging by local thugs still glistening with blood, while a corrupted judge pounded his gavel charging Buford with contempt. The entire courtroom, and the viewing audience, also gasped with contempt, but their contempt was not for Buford Pusser.

A part of me was hoping that Cornelius Dupree, Jr. would shout something similar to Buford Pusser’s declaration early this month as he stood before cameras in front of a Dallas courthouse with Innocence Project founder, Attorney Barry Scheck. Cornelius Dupree has now been free for a decade, to the extent a man can be free after 31 years in prison for a sex crime he had nothing to do with. During those 31 years he passed up two opportunities for parole because they required that he admit to being a sex offender. Cornelius Dupree served more time for a crime he didn’t commit than any of the 41 wrongfully convicted and exonerated prisoners in Texas alone since 2001.

20-year-old Cornelius Dupree was arrested for the crime in 1979, and sentenced to 75 years in prison. In 2004, he was set to be released on parole until he refused it again because it required that he submit to a sex offender treatment program which in turn required an admission of guilt. The 20-year-old turned 51 in prison before being exonerated and released.

I have also been forced to pass up parole, and for the same reasons.  I would have to enter a required program and openly admit guilt not only to crimes charged, but to everything I have merely been accused of.  I would not even be eligible for that program until about the age of 80, forced to recall fictitious events alledged to have occurred when I was in my twenties.  This is a story I wrote about in “Why this Falsely Accused Priest Is Still in Prison.”

On a national scale, only two other exonerated men spent more time in prison than Cornelius Dupree. Jamie Bain was one of them. He walked out of prison after serving thirty-five years for a rape crime that DNA evidence proved he did not commit and had nothing to do with. These two men are among hundreds exonerated nationwide after being wrongfully imprisoned for sexual offenses. 

Cornelius Dupree exonerated after 31 years in prison.

Study Suspects Thousands of False Convictions

The National Center for Reason and Justice is a Boston-based organization formed to defend those wrongfully convicted of such crimes.  NCRJ exists not only to sponsor a defense for the wrongly convicted but also to educate the public about the great damage done by wrongful convictions, not only to the individual wrongly sent to prison, but to the justice system itself.  NCRJ sponsors my defense despite the fact that to date no judge would agree to hear the evidence or witnesses.  The NCRJ maintains a page entitled, “Father Gordon MacRae.”

If you don’t think this is really a problem, spend some time at the site of the National Center for Reason and Justice. I think this site will convince you. Why should you be concerned about this? Well, Buford Pusser provided THAT answer. I woke up one night in prison muttering his very same words. I think the court I was standing before was the court of public opinion, and it wasn’t my body that was lacerated, but my name and my priesthood and the entire Church.

In 2004, a report was published under the title, “Study Suspects Thousands of False Convictions.” It examined 328 cases of exoneration including 120 sexual assault exonerations. In 90 percent of those cases, defendants were convicted based on misidentification of witnesses. Many of the wrongful convictions — about 25% of them — involved coerced confessions or “plea deals” because the accused had little or no hope of acquittal, or lacked the resources to fight the claim. 

This happens in too many cases against Catholic priests.  When I was accused, my Diocese issued an immediate press release declaring my guilt so that financial settlements could begin negotiations.  In 2002, when the bishops adopted the Dallas Charter, this became standard operating procedure.  Any priest accused in America is now barred from presenting himself as a priest and immediately banished from Church property, often without income, in claims that are usually decades old.  This is an important reality.  In a 2003 column in The Wall Street Journal, Deputy Editor Dan Henninger commented on accusations against pop star Michael Jackson:

“… Mr. Jackson, like Kobe Bryant, was able to mount a defense equal to the accusatory powers of the state. Not everyone can do that. When Michael walked, I wondered if any of the many convicted Catholic priests similarly charged were in fact innocent but found guilty because they couldn’t push back against the state’s relentless steam roller.”

A little time spent at The National Center for Reason and Justice will demonstrate that “relentless steam roller” really does characterize exactly what happens when state prosecutors try a case of sexual abuse or sexual assault without actual evidence. And when the defendant is either a pop star or a Catholic priest, all eyes are on the prize for prosecutors. Just consider my response to Dan Henninger in the Wall Street Journal :

Michael Jackson is acquitted.

“As a priest without the means to push back in equal measure to Michael Jackson, I must point out some factors you overlooked. Imagine how steeply uphill Michael’s battle would have been if twenty years passed between the alleged crime and the state’s prosecutorial steam roller rumbling into action for a trial.

“Imagine the state having to prove nothing while Michael Jackson’s defense tried in vain to prove that something alleged to have happened two decades earlier never happened at all. Then imagine Michael struggling to proclaim his innocence while the institution he served denounced him and his attempts to defend himself, seeking only the path of least resistance to settle with his accusers and rid themselves of liability at the expense of due process.

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

A Measure of Truth

David F. Pierre, Jr. is author of a new book, The Greatest Fraud Never Told: False Accusations, Phony Grand Jury Reports, and the Assault on the Catholic Church. David Pierre is also host of The Media Report. Some years ago, David Pierre forwarded a link to an article of his on The Media Report entitled: “Special Report: Los Angeles Attorney Declares Rampant Fraud; Many Abuse Claims Against Catholic Priests are ‘Entirely False.’” The report was described as a “bombshell” in David Pierre’s article. It was also sent to me by several BTSW readers.

The report cited in David Pierre’s article was submitted to the Los Angeles County Superior Court by Attorney Donald H. Steier who compiled his investigation along with the aid of a retired F.B.I. agent working with him. His stunning conclusion was:

“About ONE-HALF [emphasis his] of the claims made in the clergy cases were either entirely false or so greatly exaggerated that the truth would not have supported a prosecutable claim for childhood sexual abuse.”

What is most stunning today is how little the Church and the news media have considered the weight of that report.  David Pierre also cites in his newest book (page 27) Wall Street Journal writer Dorothy Rabinowitz, who commented in 2005 on the nature of the case against me:

“People have to come to understand that there is a large scam going on with personal injury attorneys, and what began as a serious effort has now expanded into a huge money-making proposition.”

— Dorothy Rabinowitz, WSJ

As I prepared for trial in 1994, trial-by-media was already underway in its condemnation of the accused. Any person who has faced false accusations in a public trial will tell you of the role played by the media in stacking the deck against him. As I proceed in my reading of the Prison Journal of George Cardinal Pell, now exonerated and sadly deceased, abuse by media of his due process rights is a central factor.  It is all horribly, even traumatically familiar to me.  But Cardinal Pell also provides a model for sacrificial suffering and the faith and trust necessary to endure.  For that, I am thankful to him.

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You may also like the related links that appear in this post:

Why this Falsely Accused Priest Is Still in Prison

The Greatest Fraud Never Told by David F. Pierre, Jr.

And for a doubly sad cautionary tale of real victimization but misidentification and wrongful conviction:

For The Lovely Bones Author Alice Sebold, Justice Hurts

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