In the Live Free or Die State, Justice Has a Ray of Hope

For this wrongly convicted priest, The Wall Street Journal, the Catholic League and The Media Report have shined new life into a dying pursuit of truth and justice.

March 22, 2023 by Fr. Gordon MacRae

“Do not go gentle into that good night. Old age should burn and rave at close of day. Rage, rage against the dying of the light.”

The acclaimed Welsh poet Dylan Thomas died in 1953, the year I was born. “Do Not Go Gentle into that Good Night” was one of his best-known poems. The death he railed against within it was his father’s and not his own. I, for one, have never feared death. For persons of real faith, death is not the dying of the light, but rather light’s rebirth. I have much more feared the dying of the truth. It is that alone against which I rage.

I turn 70 years old on April 9th this year. Friends in the real world tell me that 70 is the new 50 but my arthritic knee and recently dislocated shoulder do not agree. Prison is a sort of twilight zone of distorted time. I was 29 and a priest for only one year when my fictitious crimes are alleged to have taken place. I was 41 when first accused and placed on trial for them. After I three times refused to plead guilty and serve one year in prison, Judge Arthur Brennan imposed a sentence of 67 years. As it stands, I will be eligible for release at age 108.

I will not, of course, outlive this sentence. That is why my friend, Father George David Byers and I had a recent phone conversation about what happens if and when I die here. It was prompted by my ambulance ride to Concord Hospital last summer with a cardiac event that turned out to be pericarditis — inflammation of the pericardium, the membrane that surrounds the heart. I am told by one physician that it is now a suspected side effect of the mRNA Covid vaccine.

As a child, my mother often reminded me of the necessity of always having clean underwear lest I am run over by a car and my family might be embarrassed. The cardiac event was not really scary so much as inconvenient. What passed through my mind while chained up in the back of that ambulance was how much I had yet to do, how much I had yet to write, and how unprepared I am for death because the truth may die with me. I never even gave a thought to my underwear. Sorry, Mom.

A part of my concern, and that of Father Byers, is one of the other heartaches of life in this prison. I have no access to the Sacraments, and neither does anyone else here. The private Mass in my cell late on Sunday nights is the only Mass offered here for at least the last three years. A Capuchin priest who voluntarily came here for Mass for over 25 years died in 2019. A priest from the Portland, Maine diocese used to come here monthly to visit me and hear my confession. Then all visits were shut down for two years due to Covid. I just learned that he died in 2021. He was my age.

In the annals of both Church and State, this all sounds horrible, I know, but it does have some ironic moments. New Hampshire Governor Chris Sununu was interviewed on FOX News last month. The rumor is that he might be preparing a run for the White House. He made a big deal about being governor of a State whose motto is “Live Free or Die.” Ironically, my ambulance ride took place just days after Charlene Duline published her feisty article about me titled, “Dying in Prison in the Live Free or Die State.”

But death was not meant to be for me that night in July, 2022. My condition was treatable over the next several months, and I have mostly recovered. I have also once again adjusted to the reality that my release from prison was also not meant to be. At least not then, and at least not that way. So I had to get back to the hard work of seeking justice. It was either that or surrender to its absence.

New Hampshire Politics

That said, I have a plea for our readers. Please do not write to Governor Sununu asking for my pardon. The State cannot pardon someone who is not guilty of the crime in the first place. New Hampshire has not pardoned a prisoner since the Civil War, and will certainly not break that hallowed tradition for an imprisoned Catholic priest as the nation gears up for a presidential election with this state’s Governor as a likely contender. The pardon process brings far more heat than light anyway. In going on 29 years here, I have never seen it succeed for anyone.

The Democratic National Committee just stripped New Hampshire of its “First in the Nation Primary” awarding the first event to South Carolina. Since 1920, New Hampshire has held onto the first-in-the-nation presidential primary. Since then, candidates campaigning for votes have attracted tremendous amounts of attention and money to New Hampshire every four years. Critics have charged that this was out of proportion with the state’s numbers, racial diversity, and fundamental political importance.

Now that the Democratic Party has rearranged that schedule, the New Hampshire Governor pledges to buck the edict and hold the State’s primary first anyway. The nation’s eyes will all be on New Hampshire as this dramatic standoff unfolds in 2024. I do not wish to be a part of its background entertainment.

There are many in U.S. prisons who are wrongfully convicted. By Christmas, 2021, after more than 28 years into my imprisonment, I resigned myself to the seemingly impenetrable fate that this State imposed upon me. Then, unexpectedly, I received a message on the first day of 2022 that there is a possible new path to restore justice. I outlined it in one of my first posts of 2022 and will link to it again at the end of this one. The post was, “Predator Police: The New Hampshire ‘Laurie List’ Bombshell.”

Defenders of the Truth

Back in 2012, just a few years after I began writing from prison for an earlier version of this blog, Australian priest and writer, Fr. James Valladares, Ph.D., published a book about procedural justice for priests who had been accused. He predicted that the priesthood scandal that spread from the United States poses the greatest threat to the traditional Catholic understanding of priesthood since the Protestant Reformation. That prediction was certainly supported years later by findings described in my recent post, “Priests in Crisis: The Catholic University of America Study.”

Father Valladares titled his 2012 book, Hope Springs Eternal in the Priestly Breast. Nearly one-third of the book is about this blog and its revelations about the phenomenon of falsely accused priests. There is much within its pages that will be very familiar to long-time readers of this blog. In addition to my own earlier writings, the book strongly profiles the work of Ryan A. MacDonald, David F. Pierre, Jr. at The Media Report, Bill Donohue at the Catholic League, and especially Dorothy Rabinowitz at The Wall Street Journal.

Most readers of this blog know that one of the most formidable sources for exposing and resuscitating the truth has been The Wall Street Journal. The nation’s largest, most influential newspaper published two major articles in my regard in 2005, another in 2013, and a fourth in 2022. The first three were written by Dorothy Rabinowitz, a Pulitzer Prize-winning writer on the WSJ Editorial Board. The fourth, written in 2022, was “Justice Delayed for Father MacRae” by Boston civil rights and criminal defense attorney Harvey A. Silverglate.

One observer noted that The Wall Street Journal has devoted more column space to this story than to that of any Nobel laureate. I do not know how to respond to that except with gratitude. I would not be writing today if not for the courage of Dorothy Rabinowitz and the Journal’s unrelenting pursuit of truth and justice.

Among our newer features on this blog is a page dedicated to the coverage of this story. It begins with a brief but compelling five-minute video interview with Dorothy Rabinowitz that should not be missed along with the full text of each of the WSJ articles on this story collected in one place. The page is entitled, The Wall Street Journal on the Case of Fr. Gordon MacRae.

While perusing that page, you will note that two of the WSJ articles are followed by commentary from David F. Pierre, Jr., founder and moderator of The Media Report. David is a Catholic layman and a journalist in his own right. He literally took on Goliath when he began writing and publishing against the tide of media narratives claiming without evidence that the Catholic Church has been some sort of special locus of child sexual abuse.

Since then, David has published four books laying out his Herculean accomplishments to expose the whole truth of the story behind the scandal that other media would not cover. David, like the Biblical David, is a man of great courage and integrity. In coming months, we plan to create a BTSW Library page collecting his posts written for this blog, and highlighting each of his books. His most recent post was The Media Report: Catholic Priests Falsely Accused.

Finally, and by no means least among the heroic efforts of media figures, the truth owes a debt to Dr. William Donohue, President of the Catholic League for Religious and Civil Rights. Under his leadership, this organization dedicated to religious liberty — the largest in the world — has been relentless in its support of the truth. This includes the truth about the case against me. In coming weeks I plan to present a post highlighting the importance of the work of the Catholic League on the frontlines of Religious Liberty, and increasingly endangered rights in our culture.

In the Acknowledgments section of his 2012 book, Hope Springs Eternal in the Priestly Breast, Father Valladares cited each of the persons I have mentioned in this post:

“Ms. Dorothy Rabinowitz, Mr. Harvey A. Silverglate, Mr. Ryan A. MacDonald, Dr. William Donahue, Mr. David F. Pierre, Jr., all of whom I have never met, but whose candid, forthright, persuasive writings have served as an added impetus in the pursuit of this vital research.”

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Next week in these pages: “A Holy Week Retreat at Beyond These Stone Walls.”

Note from Fr. Gordon MacRae: Please share this post, and please visit our newer pages in honor of those who have so honored us by shining new life into my pursuit of truth and justice:

The Wall Street Journal on the Case of Fr. Gordon MacRae

The Truth about Clergy Sexual Abuse

David F. Pierre, Jr. at The Media Report

Hope Springs Eternal in the Priestly Breast

Predator Police: The New Hampshire ‘Laurie List’ Bombshell

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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.”

Wrongful Convictions: The Other Police Misconduct

A new article by Ryan MacDonald, linked herein, spotlights police detective James F. McLaughlin who orchestrated the wrongful conviction of Father Gordon MacRae.

March 24, 2021

I read somewhere that the State of New Hampshire — the “Live Free or Die” State — has this nation’s second highest percentage of prisoners over the age of 55, second only to West Virginia. To be certain, the offenses that put most of them in prison did not occur at age 55, however. New Hampshire is also one of only three states with a “Truth in Sentencing” law. In effect it means there is no avenue to reduce a prison sentence based on rehabilitation.

I admit that I do have a vested interest in this subject. I will be 68 years old on April 9th. I was 29 when my fictitious crimes were claimed to have taken place. I was 41 when I was sent to prison for them. I could have been set free at age 43 had I actually been guilty or willing to pretend so.

I have already learned the hard way that growing older in prison is its own special cross. I severely sprained my right knee early this month. I’m not exactly sure how or why it happened. I awoke one morning with a painful knee. At almost age 68 in my 27th year in prison, that is not at all unusual. But me being me, I just ignored it. Later that morning I had to go to the commissary to pick up food and hygiene supplies that I ordered a week earlier.

The pickup process can be a little daunting. After 23 years in a place with very little “outside,” I love living on the top floor in a place where I can step out onto a walkway and see above prison walls into the forests and hills beyond. But this also involves stairs. Lots of them. Among the items I had ordered that day were a supply of bottled water because I had become a little dehydrated. My net bag was substantially heavier than usual.

Leaving the commissary, the walk across the long walled prison yard was no problem. The series of ramps to the upper levels left me huffing and puffing just a bit. But the final leg involves carrying the heavy bag up eight flights of stairs — 48 in all. Just a few steps from the top that day, my knee exploded. Now I use a cane — temporary, I hope — and a knee brace and lots of ice.

Police Brutality Is Overblown, but Not This

I have read that one of the common traits of the wrongfully convicted in prison is that they simply cannot let go of the injustice that befell them. For me, this injustice is as vividly felt today as it was on September 23, 1994.

But there comes a point at which it is no longer even about freedom. When freedom suddenly comes to a man who has spent more than a quarter century in prison, then freedom itself becomes an intimidating affair. We have seen this faced head-on in some recent posts about my friend, Pornchai Moontri. His imprisonment came to an abrupt end after 29 years on February 24, 2021.

Pornchai went to prison at age 18 after years forced into homelessness. Freedom brings lots of firsts for him. He has never driven a car, for instance, and has no frame of reference for how that would feel except to feel scary. I told him that driving became second nature to me as it will one day for him as well.

If I ever regain my freedom, I will likely find it to be less new and intimidating than Pornchai did at first, but I try not to set myself up for disappointment by thinking about it too much. However, being deprived of justice still remains a gnawing insult to both my psyche and my soul. I cannot help but ponder this and it has never relented. After 27 years it still leaves me fending off bitterness and resentment. Justice and freedom were stolen from me by a dishonest police officer.

I find it strange, but just and merciful, that even after more than 26 years unjustly in prison, people are still writing about it. In a thoughtful pair of posts written in France, Catholic writer Marie Meaney arrived at some boldly incisive conclusions after doing substantial research. Both are available in English at her blog, Cheminons avec Marie qui défait les nœuds (“Let Us Walk with Mary Who Unties the Knots”). Marie’s first article published in June 2019 was “Untying the Knots of Sin in Prison.” It was mostly about my friend, Pornchai Moontri, and how the knots of abuse were untied for him through a team effort.

Marie Meaney’s second article, published in November 2020, was a model of thoughtful, honest research. Its understated title was simply, “A Priest Unjustly Imprisoned.” It strikes me as highly ironic that most American Catholic writers — with the bold exception of Catholic League President Bill Donohue — go to great lengths to avoid any mention of this story lest they be targeted by the cancel culture crowd for whom questioning a claim of victimhood is a mortal sin. Meanwhile in France, a nation known for its anticlerical Catholic culture, my story is told with guns of truth blazing. Here is an excerpt from her excellent post:

“This same man had been accusing so many people of sexually abusing him ‘that he appeared to be going for some sort of sexual abuse victim world record’ according to (Thomas) Grover’s former counselor, Ms. Debbie Collet, who said that Grover never mentioned Fr. MacRae during their sessions — though pressure had been put on her by the Keene (NH) police to alter her testimony. This small, 20,000 inhabitant town had been assigned a detective, James F. McLaughlin, to uncover sex abuse cases.”

— "A Priest Unjustly Imprisoned," by Marie Meaney

Please do not misunderstand me here. I am very much pro-law enforcement. I do not at all subscribe to the left’s notion that police brutality has been rampant in America. Hyped-up exceptions must not overcome the rule of law. You may be surprised to learn that most prisoners believe this as well. In the heat of the political left’s promotion of anti-police policies in 2020, I wrote of the danger this represents in “Don’t Defund Police. Defund Unions that Cover Up Corruption.”

Detective James F. McLaughlin

Marie Meaney was correct in her assertion that between 1988 and 1993, the time in which much older claims against me were probed, the City of Keene, New Hampshire, with a population of about 22,000 then, had a full-time sex crimes detective named James F. McLaughlin. He is now mercifully retired. A 2003 Boston Sunday Globe article by Carlene Hempel (“Hot Pursuit,” Nov. 23, 2003) described him as a detective who “focuses specifically on men interested in boys.” The news media, especially The Boston Globe, has since then gone to great lengths to separate the Catholic sexual abuse narrative from having anything to do with homosexuality.

Carlene Hempel reported that McLaughlin separated himself from his initial involvement with ICAC, the “Internet Crimes Against Children” Task Force. Instead, he decided to go it alone, but Hempel avoided writing about why. She infers something, however, in an interview with a former ICAC police trainer who spoke of McLaughlin more generically:

“Cops who ... operate outside the ICAC system put some people at risk. ... You can’t be posing as a 15-year-old and throw something out like, ‘I’m really questioning my sexual orientation and I wonder if someone out there can help me with that.’ That’s really leading, and in my opinion, entrapment.”

— Police ICAC trainer

It was some time after my 1994 trial that McLaughlin took up the cause of Internet crimes. He made 1,000 arrests luring men to Keene, NH from other states in a process that many described as entrapment. In The Boston Globe article, McLaughlin said in his own defense that no judge has ever said that he has gone too far. That did not remain entirely true. In 2005, a federal judge reprimanded McLaughlin for sending child pornography to an online subject of his entrapment effort. At the time, McLaughlin’s supervisor said one of the scariest things I have ever heard from law enforcement. He told a reporter for The Concord Monitor, in an article that has since disappeared from the Internet, that, “It’s our job to ferret the criminal element out of society.”

Detective McLaughlin’s focus on Internet crimes involving men and teenage boys came well after the case he built against me. It is interesting that in her article from France, Marie Meaney mentioned my accuser at trial, Thomas Grover, who in the end was awarded close to $200,000 from the Diocese of Manchester for his easily identifiable lies. The problem with an accuser’s lies in the hands of a crusading sex crimes detective, however, is that they are easily covered up by finding witnesses willing to corroborate the accuser’s story. There were none here to be found, however. Consider this excerpt from a sworn statement of accuser Thomas Grover’s therapist, Debbie Collett:

“Thomas Grover never revealed to me that Gordon MacRae perpetrated against him. Mr. Grover spent a great deal of time being confronted (in therapy) for his dishonesty, misrepresentations, and unwillingness to be honest about his problems. Thomas Grover did reveal that he had been sexually abused, but named no specific person except his foster father. When asked if he meant Mr. Grover, he responded ‘yes, among others ...’ He accused so many people of sexual abuse that we thought he was going for some sort of sexual abuse victim world record. But he never accused Fr. MacRae.”

— Sworn statement of Debbie Collett

Of her experience with Detective James McLaughlin and his pre-trial investigation, Ms. Collett wrote:

“I was contacted by Keene Police detectives McLaughlin and Clarke ... I was uncomfortable with (the) repeated starting and stopping of the tape recorder when my answers to their questions were not the answers they wanted to hear ... I confronted them about this and their treatment of me which included coersion, intimidation, veiled and more forward threats of arrest ... McLaughlin said that he would personally come to my home, drag me out of it bodily if necesary, and force me to testify despite my information to him ... They presented as argumentative, manipulative, and threatening me via use of police power to get me to say what they wanted to hear.”

— Sworn statement of Debbie Collett

Perhaps the more important part of Debbie Collett’s statement is her assertion that it was recorded. Under court rules, the prosecution was required to turn over to the defense all material including any recorded interviews. Despite repeated references to tapes in police reports, however, none were ever provided. The recording of McLaughlin’s interviews with Debbie Collett simply disappeared.

In the article linked at the end of this post, Ryan MacDonald raises the issue of recorded interviews.

“Unlike his protocols in nearly all other cases, Detective McLaughlin recorded none of his interviews with claimants in the MacRae case. A reason for the absence of recorded interviews may become clear from a statement of Steven Wollschlager, a young man who accused MacRae during one of McLaughlin’s interviews, and then recanted, refusing to repeat his accusations to a grand jury. From his sworn statement:

’In 1994 before [MacRae] was to go on trial, I was contacted again by McLaughlin. I was aware at the time of the [MacRae] trial, knowing full well that it was all bogus and having heard all the talk of the lawsuits and money involved, and also the reputations of those making the accusations. ... During this meeting I just listened to the scenarios being presented to me. The lawsuits and money were of great discussion and I was left feeling that if I would just go along with the story I could reap the rewards as well.

’McLaughlin asked me three times if [MacRae] ever came on to me sexually or offered me money for sexual favors. [He] had me believing that all I had to do was make up a story about [MacRae] and I could reap a large sum of money as others already had. McLaughlin ... referenced that life could be easier with a large sum of money ... I was at the time using drugs and could have been influenced to say anything they wanted for money. A short time later after being subpoenaed to court, I had a different feeling about the situation.’ ”

— "Police Investigative Misconduct Railroaded an Innocent Catholic Priest," by Ryan MacDonald

Neither Steven Wollschlager nor Debbie Collett have ever been allowed to present their testimony in any appeal before the appeals were dismissed without hearings in State or Federal Courts.

In the photograph atop this post, Detective McLaughlin was honored by unknown entities for his 350th arrest while posing as a male teenager luring adults online to their arrest in Keene, New Hampshire. Less than one percent of these cases ever went to trial. The other 99 percent were resolved through lenient plea deal offers that defense attorneys urged their clients to take — even the ones whom they knew were not guilty.

I was never a part of McLaughlin’s Internet predator obsession, but his tactics and dishonesty leading up to that endeavor were very much a part of his case against me. Recently, journalist Ryan MacDonald was invited to submit an article on police and prosecutor misconduct for SaveServices.org. His February 20, 2021 article has since been republished at multiple other justice sites, including the National Center for Reason and Justice which continues to advocate for justice for me.

Ryan’s article is an eye-opener. Don’t miss “Police Investigative Misconduct Railroaded an Innocent Catholic Priest.”

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Editor's Note: Please share this important post, and if you have not done so already, please Subscribe to Beyond These Stone Walls.

You may also like the related articles referenced herein:

Untying the Knots of Sin in Prison

A Priest Unjustly Imprisoned

Don't Defund Police. Defund Unions that Cover Up Corruption

Police Investigative Misconduct Railroaded an Innocent Catholic Priest

President Donald Trump’s First Step Act for Prison Reform

Whatever one thinks of President Donald Trump, he brought about a sweeping bipartisan reform for the most alienated citizens of the free world: America’s prisoners.

History sometimes repeats itself in subtle ways. In 587 BC, the Kingdom of Judah fell to Babylonian invaders who destroyed Jerusalem and the Temple and carried off the people of Judah to exile in Babylon. It is one of the mysteries of Sacred Scripture that, two centuries earlier, the Prophet Isaiah wrote about this, and actually named the person — Cyrus — who would show up two centuries later to fix it:

“Thus says the Lord to his anointed: To Cyrus, whose right hand I have grasped to subdue nations before him and ungird the loins of kings, to open doors before him that gates may not be closed.”

— Isaiah 45:1

Two hundred years after that prophecy was set down by Isaiah, a man named Cyrus united the Medes and the Persians to form the great Persian Empire. In 539 BC, fifty years after Babylonians captured Jerusalem, deported the Jews into exile, and destroyed the Temple, Cyrus, and his armies conquered Babylon.

For the Jews in exile, however, Cyrus turned out to be more of a liberator than a conqueror. Though he practiced no faith the Jews could recognize and lived with values deplorable to them, Cyrus carried out exactly what Isaiah had prophesied. He restored the Kingdom of Israel, rebuilt Jerusalem and the Temple, and returned the Jews to their promised land. King Cyrus then published a charter of freedom declaring an end to slavery and oppression and the restoration of religious freedom.

The Prophet Isaiah certainly never envisioned anyone like Donald Trump, but there is a curious sort of parallel in his presidency. He is notorious for having lived with a lifestyle and value system that would be anathema to Evangelical Christians, and yet they have come to see him as a Cyrus-like protector of religious liberty.

Devout Catholics might find some of his value system embarrassing, but he has also embraced the right to life and is transforming the federal courts with pro-life judicial nominees who respect religious liberty, the most fundamental freedom in the First Amendment of the U.S. Constitution. American Jews traditionally identify as Democrats, but many might be thinking of King Cyrus right about now in the wake of a stream of anti-semitism from two new Democratic members of Congress who resist correction. Also like King Cyrus, President Trump restored the American Embassy to Jerusalem, Israel’s traditional capitol for three thousand years.

For my part, I don’t know quite what to make of this president. As I write this, a family member sent me an email declaring, “Right now I am committed to despising Donald Trump and waiting for the day he is charged with treason.” My family is still reeling from a photo of me portraying him in “Assassins’ Deed: My Stage Debut as President Donald Trump.” They were horrified

The President’s First Step Act

Most people have heard of the First Step Act initiated by the Trump White House and signed into law after receiving wide bipartisan support. it is the most significant prison reform initiative in decades, but most people do not know that its title is actually an acronym. First Step = the “Formerly Incarcerated Reenter Society Transformed, Safely Transitioning Every Person.”

This is a bold and very broad initiative that encompasses far more than I could fit into a single TSW post, but as a prisoner, reading the act brought about my own “Cyrus-like” moment. This president, who has been droning on about walls for three years, has set into motion a policy statement for federal prisons that exposes prison walls to some much-needed daylight. Some TSW readers have asked me if this could have an effect on my own imprisonment and over time this is a hopeful notion. For the present, however, the initiative only affects the Federal Bureau of Prisons just as the President’s pardons and commutations power is limited only to federal prisoners.

But this First Step Act is just that, a first step. States often, though sometimes slowly and sometimes begrudgingly, follow what has been adopted by the federal government, however. We can only hope that this president’s bold course of action has a trickle-down effect.

For the moment, the First Step Act is being talked about and implemented in several states, but not yet in the Live Free or Die State where I am in my 25th year of imprisonment. I do not doubt, however, that time will erode that resistance so let’s have a look at what the First Step Act has taken on.

This President has ordered the removal of what prisoners everywhere call “the box” on federal employment applications. Let’s hope this catches on. Mr. Trump has asked that employers in the private sector follow his lead on this. “The Box” is a check-off box on federal job applications that must be checked if a job applicant has ever been convicted of a felony. Even in the best job markets, like the present one, checking “the Box” means a dead end for all but the most menial employment for ex-prisoners.

No matter how long ago an offense had been committed, no matter how much education and rehabilitation the former prisoner has been invested in, no matter that his or her debt to society has been paid in full, checking “the Box” has too often meant chronic unemployment for former prisoners — and even worse, exploitation. Not checking it subjects ex-prisoners to charges of falsifying applications. Its removal is a giant step toward helping former prisoners remain free.

President Trump’s rhetoric on this has also been bold, and against the tide for both Republicans and Democrats. In demanding removal of “the Box” he has stated forcefully that any former prisoner who applies for a job is able to do so because he or she has paid in full a debt to society and their imprisonment has ended.

The First Step Act also funds and implements evidence-based rehabilitation programs to enable prisoners to regain their freedom and to remain free once a sentence is completed. The prejudice in our culture against former prisoners is akin to that against the rights of slaves that I wrote about in “Senator Susan Collins Stokes the Embers of Civil War.” It took a federal edict — Abraham Lincoln’s Emancipation Proclamation — to begin a cascade of events and attitudinal adjustments toward meaningful reforms. “Lock ‘em up and throw away the key” does not reflect a free and enlightened society.

Abandon All Hope, Ye Who Enter Here!

In the current prison system in some states, rehabilitation and restorative justice are dead-ended by laws like New Hampshire’s “Truth in Sentencing.” When that law passed in the early 1980s, it required that a New Hampshire prisoner must serve every single day of his or her imposed prison sentence and nothing a prisoner could do would mitigate that.

The politicians who pushed such a law onto its citizens later justified it by saying that they expected judges to temper their sentences in accord with the new law, but that never happened. Prison became like the “Hotel California.” No one ever leaves, and those who do are so institutionalized by long sentences, and so unprepared for a return to society that they are set up for failure. All incentives for rehabilitation were destroyed, and prisons became mere warehouses of nothing more redemptive than endless punishment.

As a direct result of such laws — and the draconian prison sentences resulting from the Clinton Crime Bill of the 1990s — America’s prison population grew far beyond the capacity of its prisons. The United States has 5% of the world’s population and 25% of the world’s prisoners. This nation imprisons more of its citizens than all 28 countries of the European Union combined.

In the 25 years from 1980 to 2005 in New Hampshire, for example, the State population grew just 34% while its prison population grew almost 600% with no commensurate increase in crime rate. This is entirely because of Truth in Sentencing, and the fact that it overcrowded its prisons with long sentences and no avenue or incentive to mitigate them. Currently, only two states — New Hampshire and Iowa — cling to their Truth in Sentencing laws. They also happen to be the two states at the earliest epicenter of every presidential election.

To try to fix this, New Hampshire passed measures like NH-RSA 651:20 that, on paper at least, provides a forum for prisoners to demonstrate their rehabilitation to the court and earn up to a one-third reduction in sentence. Such reductions, however, are rarely if ever granted by the courts. Judges want legislators to fix this while legislators blame judges for not using discretion — or worse, for abusing discretion — that the law affords them.

In the late 1990s, then NH State Representative Maxwell Sargent wrote in a legislative newsletter of his dismay at the attitude of one judge, Judge Arthur Brennan (who also happened to be the judge who presided over my trial and sentencing). Representative Sargent had been encouraging one young prisoner to work doggedly toward his own rehabilitation and release. Over a decade in prison, the man earned both Bachelor and Masters degrees at his own expense and jumped through every possible hoop to redeem himself. In the end, Judge Brennan dismissed his petition with a blithe, “I’m not at all impressed,” and denied his request for a sentence reduction. The message sent was, “Why bother trying?”

The Injustice of Extreme Prison Sentences

Among the many signs of hope that have followed on the heels of President Trump’s First Step Act has been an increasing clamor of voices to revisit the length of the prison sentences imposed on first-time offenders. One such voice is Colorado Judge Morris Hoffman whose commentary in The Wall Street Journal (Feb. 9, 2019) was entitled, “The Injustice of Extreme Prison Sentences.”

Judge Hoffman wrote of how mandatory minimum sentences required him to impose a 146-year prison term on a teenaged armed robber in 1995. The only person injured in the incident was the teenage robber himself who was shot in the foot. Still, his earliest possible parole date is 2065 at the age of 90. Judge Hoffman reflected on this a bit:

“Since I imposed that sentence 23 years ago, that DA has retired, my children have grown up and had their own children, and my black hair is turning gray. The world saw the mapping of the human genome and the rise of the internet. My teenage robber saw the inside of a prison, and has 48 more years to go.”

Judge Hoffman wrote that many people have celebrated the First Step Act, but warned that it does little to address the American epidemic of overly long prison sentences. Some of his statistics are an eye-opener. According to the Justice Policy Institute, the average length for a first-time offender in Canada is four months; in Finland it is 10 months, in Germany it is 12 months; and in “rugged, individualistic Australia” it is 36 months. The United States leads the Western world with an average length of prison sentence for a first-time offender at 63 months.

I should point out here that when I appeared before Judge Arthur Brennan for sentencing on September 23, 1994, I too was a “first-time offender” though I to this day insist that the offense for which I was sentenced never actually occurred at all. I was sentenced to 804 months, nearly 13 times the national average. I was privileged, however, to publish a comment on Judge Hoffman’s article at WSJ.com with the help of a friend. Here it is:

“It is a good and just thing that Judge Hoffman reflects so candidly on the rampant imposition of extreme prison sentences. Other factors, besides those he mentioned, are the injustices of the plea bargain system, the fact that former prosecutors are over-represented on the judges’ bench, and a profession-wide bias against allowing convicted persons to have a voice. I am perhaps an exception to the latter. I was sentenced in 1994 in the Live Free or Die State to serve 67 years in prison after three times refusing a plea deal, proffered in writing, to serve one year. I am now 65-years old in my 25th year in prison for a crime alleged to have occurred when I was 29, but that never actually occurred at all. Why else would someone decline a single year in prison and risk sixty-seven?”

Judge Morris Hoffman makes a critical distinction about the sentencing of offenders in his court. “We have a duty to punish wrongdoers,” he wrote, “but that duty comes with the obligation not to punish them more than they deserve. Much of our criminal justice system has lost that moral grounding and our use of prisons has become extreme.”

I must add a qualifying principle to that. It is not just the offense that is being punished, but also the offender, and that requires evaluation for factors that may mitigate a sentence. Refusing a one-year plea deal offer may be seen as a defendant having no remorse. It may also be the result of actual innocence, something that too many judges simply never consider.

A far more egregious example is that of Pornchai Moontri who has served 27 years in prison for a crime that he did commit. But today every objective observer of that story agrees that his offense at age 18 was the direct result of extreme conditions that were never evaluated. That memorable story was told in “Pornchai Moontri, Bangkok to Bangor, Survivor of the Night.”

Pornchai has vastly demonstrated that he is no longer the abused and homeless teenager who committed a desperate act on March 21, 1992. He is to be deported upon completion of his sentence in two more years. His only hope for some relief from that sentence – as is mine – was a political solution. Maine’s Republican Governor Paul LePage is leaving office and had the ability to commute those last two years. In various articles, he has spoken of his concern for the homeless and abused, and for victims of domestic violence. He had no political risk whatsoever in evaluating this story, but he reportedly refused to even look.

The First Step Act is a step in the right direction, but only a step. Justice requires taking it out of the hands of politicians and placing it where it belongs — before judges who are permitted the discretion to do what they are supposed to do: judge.

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Editor’s Note: Please share this important post, but don’t stop here. Learn more about prisons and the potential for restorative justice with these related posts from These Stone Walls:

The Shawshank Redemption and Its Real-World Revision

Prisons for Profit and Other Perversions of Justice

At Play in the Field of the Lord

Cry Freedom: A Prisoner Unlocks Doors from the Inside