David Clohessy Resigned SNAP in Alleged Kickback Scheme

David Clohessy, activist director of the Survivors’ Network of Those Abused by Priests (SNAP), resigned after a SNAP employee sued citing a lawyer kickback scheme.

We do not have many headlines like this one at Beyond These Stone Walls. It has the look and feel of descending into tabloid journalism, but when the headline is true, there is just no higher road to take. This is a story that must be told.

And I am not the first to tell it. David F. Pierre, Jr., author of several books including Sins of the Press and host of TheMediaReport.com published a report entitled, “Lawsuit by Ex-SNAP Insider Exposes Lawyer Kickback Schemes.” And to the surprise of many, the left-leaning, usually SNAP-friendly National Catholic Reporter broke the story first in an by NCR Editor Dennis Coday, “Sex Abuse Advocacy Group SNAP Sued by Former Employee.”

One day later, The National Catholic Register carried the story by Catholic News Agency writer, Kevin Jones entitled, “Did SNAP Receive Kickbacks for Suing the Church?” All three versions of the story have been sent to me by multiple BTSW  readers who asked me to write about it. A week after these accounts emerged, SNAP’s longtime Executive Director, David Clohessy, has mysteriously resigned. This is a development of immense importance in the arena of Catholic Priests Falsely Accused, one of David F. Pierre, Jr.’s most revealing books.

I have an angle on this story that none of the other accounts have, and I’ll get back to that, but first the story itself. In a lawsuit filed in the Circuit Court of Cook County, Illinois, Gretchen Rachel Hammond, SNAP’s former Director of Development, charged that she was terminated from her position after discovering what many have long suspected. The lawsuit alleges…

“… that SNAP routinely accepts financial kickbacks from attorneys, and in exchange for the kickbacks, SNAP refers survivors as potential clients to [these] attorneys, who then file lawsuits … against the Catholic Church. These cases often settle, to the financial benefit of the attorneys and, at times, to the benefit of SNAP, which has received direct payments from survivors’ settlements.”

The named defendants in the lawsuit are [the now-resigned] SNAP President Barbara Blaine, the now-resigned Executive Director David Clohessy, and “Outreach Director” Barbara Dorris who declined to comment for the NCR article. The lawsuit alleges that SNAP claims non-profit federal tax exempt status as an organization with the purpose of providing “support for men and women who have been sexually victimized by members of the clergy [with] moral support, information and advocacy,” while in reality it is a commercial operation “motivated by its directors’ and officers’ personal and ideological animus against the Catholic Church.”

Follow the Money

The lawsuit alleges that SNAP and its directors received substantial ‘contributions’ from the same attorneys to whom they refer clients, as much as 81 percent of SNAP’s annual budget in some years. In 2007, a full 38 percent of SNAP’s income for that year came from one “prominent Minnesota attorney who represents clergy abuse survivors.” That attorney is alleged to have provided $169,716 in kickbacks to SNAP in 2007, and $415,000 in 2008. The lawsuit claims that lawyers in California, Chicago, Seattle and Delaware also made major “donations,” some of them in six figures.

Former SNAP official Gretchen Rachel Hammond concludes in her lawsuit that “SNAP does not focus on protecting or helping survivors — it exploits them.” She alleges that SNAP leaders ordered her “not to reveal to anybody that SNAP received donations from attorneys.” She also alleges that in 2011 and 2012, SNAP leaders “concocted a scheme to have attorneys make donations to a front foundation” to conceal “attorneys’ kickbacks” to the organization.

The lawsuit alleges a pattern of collusion between plaintiff lawyers and SNAP officials to maximize publicity for the purpose of fueling bigger payouts while SNAP “callously disregards the real interests of survivors.” It claims that attorneys gave SNAP the drafts of plaintiff claims and other privileged information to generate sensational press releases.

In 2009, at the invitation of Bill Donohue, I wrote a feature article for Catalyst, the Journal of the Catholic League for Religious and Civil Rights entitled “Due Process for Accused Priests.” The article researched and exposed the practice of mediated settlements and SNAP’s demands to eliminate statutes of limitations for suing Catholic institutions — and only Catholic institutions — decades after civil laws allowed.

Up until that time, I had been spared SNAP’s pattern of public attack and character assassination, but my Catalyst article put me squarely on SNAP’s radar screen. Catholic writer Ryan A MacDonald — in “Why Do SNAP and VOTF Fear the Father Gordon MacRae Case” — quoted a comment by SNAP Director David Clohessy describing me as “a dangerous and demented man.”

On August 6, 2009, RenewAmerica.com writer Matt C. Abbott gave David Clohessy a soapbox for a rebuttal to my article which Mr. Abbott titled, “Imprisoned Priest, Clergy Abuse Survivor Clash.” Seeming to be in fear of the very exposure that the present lawsuit against SNAP now brings, Mr. Clohessy laid out a wildly false set of defensive statements and accusations: “The burden is on the victims, not the accused priests to prove these cases,” he wrote.

At the same time, Clohessy was well aware, and went on to describe, that the vast majority of the claims brought against priests are settled out of court with no findings of fact at all. Clohessy blamed this practice on the bishops who, he wrote, “insist on group settlements” because “they are scared to defend themselves in court.”

Clohessy knew very well that the machinery of making decades-old claims followed by financial compensation depended on asking few questions before writing lucrative checks. Still, he claimed that “many victims desperately want and could benefit from having their ‘day in court’ to expose not just their predator, but those who shielded and protected him.”

Now, according to Ms. Hammond’s lawsuit, it seems that David Clohessy’s annual salary and SNAP’s annual bottom line depended on keeping the machinery of blanket settlements going. In his landmark book, Catholic Priests Falsely Accused  David F. Pierre, Jr. described the quality of due process and distinguishing true from false claims in my own diocese:

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

— Catholic Priests Falsely Accused, p. 80

Two of the reporters covering this story — Dennis Coday for the National Catholic Reporter  and Kevin Jones for Catholic News Agency — do a disservice to the cause of truth and justice in their reporting of it. They both refer repeatedly to SNAP’s (and the lawyers’) clients as “sex abuse victims” or “sex abuse survivors.”

It is true in some cases, of course, but it is true in most cases only if one accepts SNAP’s and the lawyers’ mythology that the claims against priests for which clients received blanket settlements were demonstrably true, and were measured and tested in some form of investigation. Most were not. Simply throwing money at an accuser does not constitute due process or a determination of truth. Some have been victims of little more than their own greed.

Pope Benedict’s ‘Crimes against Humanity’

SNAP successfully generated and manipulated a climate of outrage to fuel accusations and keep the money flowing. It was a climate few Catholic leaders had the courage to challenge, but one did. In his series of columns entitled “Scandal Time” in First Things magazine, Father Richard John Neuhaus tried to call upon American Catholics to put the brakes on the outrage fueled by SNAP:

“Priests, too, are to be deemed innocent until proven guilty. In the current climate of outrage, we need to be reminded of that truth again. … News reports claiming that a certain number of priests have been charged with abuse and that the claims were settled out of court must not be interpreted to mean that the priests are guilty. Some of them insisted and insist that they are innocent, but bishops were advised by lawyers and insurance companies that a legal defense against the charges would cost much more than settlement out of court.”

Scandal Time, by Richard John Neuhaus, April 2002

After Father Richard John Neuhaus published this cautionary statement, the bishops of the United States met in Dallas in 2002. Under the watchful eyes of a scandal hungry media, the bishops invited two “victim-activists” to address the conference that resulted in the Dallas Charter and the undoing of any priest accused. They were David Clohessy and SNAP president, Barbara Blaine.

SNAP’s national director, David Clohessy previously worked for over a decade for ACORN (Association of Community Organization for Reform Now), a group with aggressive, manipulative, and confrontational activism modeled after the tactics of 1960’s radical Saul Alinsky. Keeping the money flowing depended on creating and maintaining sufficient moral panic.

In August, 2011, the Catholic League published what should have been an explosive document if it had been given fair treatment in the news media. “SNAP Exposed” described in detail the ways David Clohessy and SNAP coached accusers in framing claims in order to maximize and manipulate media coverage.

One of the many egregious examples was SNAP’S recommendation for accusers and their lawyers to “display holy childhood photos” before news cameras adding, “If you don’t have holy childhood photos, we can provide you with photos of other kids that can be held up for the cameras.”

A month later, seemingly in retaliation for exposing the truth, SNAP co-opted a radically left legal activist group, the New York-based Center for Constitutional Rights, to file a “Crimes Against Humanity” charge against Pope Benedict XVI with the International Criminal Court at The Hague.

And in seeming retaliation for my 2009 article, “Due Process for Accused Priests,” I became an unwitting pawn in the attack on the Pope. David Clohessy and the Center for Constitutional Rights used an untrue and thoroughly debunked claim against me to bolster the charge against Pope Benedict. In her courageous article “Oscar Hangover Special: Why ‘Spotlight’ Is a Terrible Film,” journalist JoAnn Wypijewski unmasked the shame of this tactic in her in-depth coverage of the film, “Spotlight”:

“The film’s advertisement for SNAP, the Survivors Network for those Abused by Priests, … elides SNAP’s belief that wrongful prosecutions are a minor price to pay in pursuit of its larger mission, something the newspaper didn’t much concern itself with either as it collected its Pulitzer for service in the public interest; something even the Center for Constitutional Rights disregarded in 2011 when it joined with SNAP to file a grotesque brief to the International Criminal Court demanding “investigation and prosecution” of the Vatican for crimes against humanity.

“The CCR brief failed, but its unchallenged acceptance of accusations, anonymous complaints, prosecution arguments, grand jury reports, commission findings with no benefit of cross examination and no recognized rights of the accused is breathtaking, especially when one considers that CCR was simultaneously and courageously arguing on behalf of Guantanamo detainees …

“To CCR’s shame, Father MacRae is specifically mentioned in that brief, with respect to allegations of videotape (that is, child porn), which prosecutors threw in at sentencing but for which there is no evidence, according to the lead detective in the case cited by [The Wall Street Journal’s Dorothy] Rabinowitz.”

When I learned of this grave injustice, I tried to write to the Center for Constitutional Rights — It seemed a prophetic sign that its headquarters is located at 666 Broadway in Manhattan — but there was never a response. I wrote of the final outcome of CCR’s shameful complicity with SNAP in a BTSW  post, “The International Criminal Court has Dismissed SNAP’s Last Gasp.”

Perhaps I was premature. SNAP’S last gasp now seems to be the current lawsuit by one of its own directors. David Clohessy has claimed that his resignation has nothing to do with the current lawsuit exposing SNAP’s alleged financial kickbacks from clients’ lawyers.

It now remains to be seen whether David Clohessy and SNAP will follow their own advice about out-of-court settlements, and allow this lawsuit to go to a full and open trial before a civil jury.

And perhaps a RICO investigation — the government’s acronym for Racketeering Influenced and Corrupt Organizations — might also now be in order.

As I come to the end of this post, it has just been announced that SNAP founder, Barbara Blaine, has also tendered her resignation. In her brief statement she insists that it has nothing to do with the lawsuit which she says has no merit “like all the other lawsuits” against SNAP. [See the report on David F. Pierre, Jr.’s TheMediaReport.com: SNAP Founder and President Barbara Blaine Now Resigns As Pressure Mounts From Multiple Lawsuits.]

Editor’s Note: David Clohessy and Barbara Blaine ultimately settled the lawsuit by Gretchen Rachel Hammond for an undisclosed amount after demanding and receiving a signed nondisclosure agreement.

Grand Jury, St Paul’s School and the Diocese of Manchester

Blocking a grand jury report on sex abuse at an elite NH prep school, a judge ruled that an NH Catholic diocese defamed its priests without due process of law.

October 23, 2019 (updated December 27, 2021)

“Did my bishop throw his priests under the bus illegally?”

This post is by necessity contentious, so it must begin with a disclaimer. The current Bishop of the Diocese of Manchester is not in any way complicit with the events described herein with one exception: his recent publication of a list of priests who have been “credibly” accused. Ryan MacDonald wrote of this in his latest guest post, “In the Diocese of Manchester, Transparency and a Hit List.”

The term “credibly” accused has serious due process problems which even some bishops now acknowledge, but only because the standard is now also being applied to them. I described this affront to justice in “The Credibility of Bishops on Credibly Accused Priests.” Now there is a new and stunning development in this story. Saint Paul’s School in Concord, New Hampshire, with historic ties to the Episcopal church, has a long and storied history as a prestigious American prep school. Its distinguished alumni list reads like a Who’s Who of Washington political insiders. It includes congressmen and senators, ambassadors and Secretaries of State, and the children and grandchildren of U.S. presidents.

Graduates of St. Paul’s include Watergate Special Prosecutor Archibald Cox, Former “Russia Probe” Special Prosecutor Robert Mueller, and Democratic Senators John Kerry (MA) and Sheldon Whitehouse (RI). In 2011, Princeton University Press published Privilege: The Making of an Adolescent Elite at St Paul’s School by Shamus Khan.

In recent years, St. Paul’s School has been embroiled in a sexual abuse controversy. In 2015, former student Owen Labrie was tried and convicted for the statutory rape of a 15-year-old freshman while in his senior year, a story reportedly connected to an unsanctioned school custom called “Senior Salute.”

In 2017, St. Paul’s School was the subject of a sexual misconduct investigation led by former Massachusetts Attorney General Scott Harshbarger. His investigation included allegations over a forty year period from 1948 to 1988.

In July, 2017, New Hampshire Attorney General Gordon MacDonald convened a grand jury to investigate allegations of abuse at the school. The grand jury completed its investigation late in 2018 at which point a plea deal was signed between the Attorney General and St Paul’s School administration.

The plea deal was nearly identical to one arranged in 2002-2003 by the New Hampshire Attorney General with Bishop John McCormack, former Bishop of the Catholic Diocese of Manchester, and his Chief Compliance Officer, Rev. Edward J. Arsenault. Both deals allowed their respective targets — St Paul School and the Diocese of Manchester — to squash a possible misdemeanor charge of endangering the welfare of minors in exchange for a five year plan of staff training and improved monitoring.

A central tenet of both deals was that the prestigious school and the Catholic diocese would waive grand jury confidentiality so the respective reports and documents could be published. Officials of both the Diocese of Manchester in 2003 and St Paul’s School in 2018 signed these waivers. In the case of the Diocese, the grand jury report and related files were published with massive local and regional media coverage in March, 2003.

This is why Ryan MacDonald published “In the Diocese of Manchester, Transparency and a Hit List,” a well-researched report of how this closed-door deal and its behind-the-scenes manipulation by some central staff of the Diocesan Chancery Office sabotaged due process rights for me and other priests.

Now Comes Judge Richard McNamara

Ryan MacDonald’s article laid out the closed-door duplicity at work at the time the deal was carried out. My defense file and a vast amount of exculpatory material were requested by the Bishop’s Chief Compliance Officer, Rev. Edward Arsenault, under the false pretense of securing legal counsel for me. Once obtained, the confidential files were turned over to state prosecutors to be selectively published after the removal of exculpatory material.

The deal allowed the diocese to arrange for each accused priest to have a ten-day review to challenge in court any material deemed to be confidential. I was the only priest of this diocese to be denied that right. In the end, as Ryan reports, I protested the deal between my bishop and the state because of its blatant sabotage and misuse of privileged files.

My protest was sent to Bishop John McCormack’s appointed Delegate, Father Edward Arsenault, who seemed to be behind most of the suppression of rights. Like all other attempts to address this with my diocese, my multiple letters were met with silence.

I then wrote directly to Bishop McCormack who responded that the diocese tried in good faith, but without success, to prevent release and publication of confidential materials. He claimed that the Attorney General issued a subpoena to take indiscriminate custody of the priests’ files with no opportunity to challenge their publication.

In contrast, Assistant Attorney General Neals-Erik William Delker wrote in a letter to me that under New Hampshire law, grand jury investigations, reports, and files are confidential. For the report and related documents to be published, he wrote, the Bishop of Manchester had to waive confidentiality, and did waive confidentiality, on behalf of all parties involved.

Now, sixteen years later in a stunning development, New Hampshire Superior Court Judge Richard McNamara has denied publication of the grand jury report and investigation files in the case of St Paul’ School. In his 23-page order, Judge McNamara dropped a bombshell that should shake the earth beneath the feet of Catholic bishops and their lawyers across the land. In denying the Attorney General’s Motion to publish, he wrote:

“For hundreds of years, the grand jury has been a buffer between the power of the state and the citizen. Confidentiality of witness and cooperator information has been an essential part of how the grand jury works since colonial times.”

Making this development more stunning still, the Attorney General argued that there is in fact a precedent in New Hampshire for publishing grand jury reports: The 2003 Agreement with the Diocese of Manchester. It is easy to see why the current Attorney General cited this precedent. In 2003 he was an attorney representing the Diocese of Manchester in the matter of negotiating settlements.

Judge: “All Sorts of False, Damaging, One-Sided Information”

The following are excerpts from Judge NcNamara’s 23-page Court Order denying the Attorney General’s motion to publish the St Paul’s School report using the precedent of the 2003 Diocese of Manchester Grand Jury Report:

“The OAG [Office of the Attorney General] argues that a common law precedent for such a report does in fact exist because the Hillsborough County Superior Court authorized an agreement between the OAG and the Diocese of Manchester to waive the secrecy of a grand jury investigation … and to authorize the release of sealed subpoenas, pleadings, and orders related to the grand jury investigation … The Hillsborough County Superior Court endorsed the Diocese-OAG Agreement without explanation and without any written order.”

“The Court respectfully disagrees with the decision of the Hillsborough County Superior Court to approve the Diocese-OAG Agreement. The Agreement … fulfilled none of the traditional purposes of the common law grand jury. Rather than investigation of crime, the report is a post hoc summary of information the grand jury considered but did not indict on. It did not protect the privacy interests of those witnesses and subjects that were never charged with a crime by the grand jury.”

Judge McNamara explained that he is blocking publication of the St Paul’s School grand jury report for the same reasons that the Diocese of Manchester report and files should have been blocked in 2003. He wrote that grand jury testimony can involve “all sorts of false, damaging and one-sided information.” In holding that the Diocese of Manchester Report did not protect the privacy rights of those named, Judge McNamara concluded:

“Mark Twain famously said that a lie is halfway around the world while the truth is putting on its shoes. In an internet age, he might have added that the lie will forever outrun the truth as search engines become ever more efficient.”

It is for these reasons, Judge McNamara ordered, that grand jury investigations in New Hampshire are confidential. As a reporter for the New Hampshire Union Leader observed, “His ruling decided a case that had been argued in secret” (see Mark Hayward, “Judge blocks release of St Paul’s grand jury info,” New Hampshire Union Leader, Oct 1, 2019).

Transparency in the Diocese of Manchester

There are some alarming questions that arise from the handling of these reports, the potential for conflicts of interest, and the apparent absence of effective judicial oversight of the Diocese of Manchester grand jury report in 2003.

Publication of that report sabotaged the due process rights of many priests and placed damning information in public view resulting in condemnation without trial. The content from this report was then absorbed by the toxic site, Bishop-Accountability which was established for a singular purpose: to foster new accusations against priests with no effort to corroborate any of the claims gathered and published there.

Judge McNamara’s Order explains that a grand jury is seated for the purpose of investigating and prosecuting crime. In the cases of the Diocese of Manchester in 2003 and St Paul’s School in 2018, no indictments were issued. The Judge wrote:

“Grand jury reports that criticize individuals are extremely controversial. A grand jury report that does not result in an indictment but references supposed misconduct results in a quasi-official accusation of wrongdoing drawn from secret ex-parte proceedings in which there is no opportunity available or presented for a formal defense. The Florida Supreme Court described [such] a grand jury report as ‘not far removed from … and no less repugnant to traditions of fair play than lynch law.’”

The respective “deals” contain a hint of extortion. A misdemeanor criminal charge could be avoided if the administrations of the two institutions agreed to waive grand jury confidentiality and allow the reports to be published. The threat of prosecution weighed heavily on Bishop John McCormack who wrote in a December 10, 2002 letter to priests:

“The substance of the [grand jury’s] conclusion was to weave 40 years of history into one moment, and based on some rather complicated legal understanding of knowledge and intention, they concluded that they had enough evidence to indict the Diocese of Manchester for the endangerment of the welfare of children…”

“I agreed with the Attorney General that it was in the best interest of the Church and the people of the State to resolve this matter by a public Agreement between the Diocese of Manchester and the State of New Hampshire… Let me assure you that no archival material regarding any priest, other than those against whom we have had a credible accusation … was submitted to the Office of the Attorney General.”

— (December 10, 2002 letter to priests of the Diocese of Manchester sent to every priest except Fr. Gordon MacRae.)

But was the threat of prosecution against either St. Paul’s School or the diocese even realistic? Louisiana State University Law Professor John S. Baker had doubts. Writing for the Boston College Law Review in 2004 Professor Baker revealed that the New Hampshire Attorney General admitted in 2004 that the theory of law behind the threat of such a charge was “novel” at best, and highly unlikely.  The statute of limitations for a misdemeanor child endangerment charge is one year while the time period of the grand jury report dated back forty years or more. The report unveiled not a single contemporary case. So why did Bishop McCormack sign such an agreement? The question remains unanswered, but it set a dangerous precedent for the Catholic Church in America. Prof. Baker wrote:

“The Church should recognize the New Hampshire settlement for what it potentially is: the camel’s nose inside the tent.’… This intrusion by a state prosecutor into the jurisdiction of the Church may encourage and be the basis for actions by other state prosecutors… The decision by the Diocese to enter into this agreement represents a dangerous capitulation by one diocese that may have created a serious threat to the other dioceses in the United States.”

— John S. Baker, “Prosecuting Dioceses and Bishops,” Boston College Law Review, 1061, 2004

The claims of transparency in the Diocese of Manchester are highly selective. There is much related to this matter that is far from transparent. It would be difficult to believe that Edward Arsenault — who would later be charged, convicted, imprisoned and dismissed from the clerical state for his embezzlement of $300,000 from the Diocese and other sources — was not involved in the Kafkaesque diocesan affairs of 2003. He has since changed his name and is now officially known as Edward J. Bolognini.

In his published resume, which has been removed from public view, Arsenault identified himself as “Chief Operating Officer / Chief Compliance Officer” for the Diocese of Manchester from 2000 to 2009. He was thus at the center of all that Ryan MacDonald wrote about in his report, “In the Diocese of Manchester, Transparency and a Hit List.” The resume went on to describe Arsenault’s role:

“[To] provide advice and counsel to the Bishop of Manchester for pastoral governance, strategic management, and operational oversight of the Diocese of Manchester including but not limited to the successful settlement of over 250 civil claims associated with sexual abuse.”

In the strangest twist, the lawyer retained by staff and former staff, of St Paul’s School who successfully challenged publication of the grand jury report was Attorney David Vicinanzo, the same lawyer who Father Arsenault claimed was retained by the Diocese to represent me at the time Father Arsenault obtained my defense files under false pretense. Neither Arsenault nor Mr. Vicinanzo ever responded to my multiple requests for explanation in 2003 or after.

Strangely, in December of 2003, nine months after the grand jury report and files exploded in the press, Arsenault wrote in a letter to me: “I have not yet had a chance to discuss with Attorney Vicinanzo the matters we previously discussed.” I never heard from Arsenault again.

In his successful blocking of the 2018 grand jury report on St. Paul’s School, Attorney Vicinanzo was quoted in the news media. He called Judge McNamara’s Order “a full-throated defense of the grand jury as an institution.”

Judge McNamara issued his Order stating that the 2003 grand jury report on the Diocese of Manchester should not have been published because it failed to protect the privacy rights of those involved. Just a few days previously, Bishop Peter A. Libasci, the current Bishop of Manchester, published a list of all 73 priests of his diocese who have been “credibly” accused. He did this, he says, for transparency.

There is much more to come on the murkiness that is now called “transparency.”

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Postscript: An Update on This Story

December 27, 2021

Now Bishop Peter A. Libasci has himself been “credibly accused.” On July 22, 2021, the New Hampshire Union Leader newspaper, in an article by Mark Hayward, reported, “NH Bishop accused of sexual abuse by an altar boy decades ago.” Whatever differences I have had with Bishop Peter Libasci and his published list, I was and am deeply saddened by this development. The accusation stems from 1983, the same year as the accusations against me. The lawsuit, filed in Suffolk County, New York, alleges that then Father Peter Libasci sexually assaulted a boy aged 12 to 13 “on numerous occasions” at a parish and Catholic school in Deer Park in the Diocese of Rockville Center, New York.

Unlike the cases of any similarly accused Catholic priest, Bishop Libasci has to date faced no restrictions on his ministry. This matter contains none of the transparency that Bishop Libasci cited as his singular motive for publishing a list of 73 priests accused — merely accused — and in the same manner in which he himself has now been accused. For this complete story see “Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo”

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Note from Father Gordon MacRae: David F. Pierre Jr. of The Media. Report has an excellent brief analysis of the above along with some links to how it connects to and impacts my own situation. See TheMediaReport.com (October 9, 2019): “Stunner: New Hampshire Judge Says 2003 Diocese of Manchester Grand Jury Report Never Should Have Been Released.”

You may also wish to read and share

In the Diocese of Manchester, Transparency and a Hit List

and these related articles from some very accomplished writers:

Justice & a Priest’s Right of Defense in the Diocese of Manchester by Ryan A MacDonald at A Ram in the Thicket

Journalism Outside the Box: Wall St. Journal Bravely Profiles Stunning Case of Wrongfully Convicted Priest by David F. Pierre, Jr. at The Media Report

The Ordeal of Father MacRae by Catholic League President Bill Donohue

Spotlight Oscar Hangover: Why ‘Spotlight’ Is a Terrible Film by JoAnn Wypijewski in CounterPunch

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“In the course of my 1994 trial, and while sentenced to life in prison, and during State and habeas corpus appeals I have never been allowed to utter a single word in my own defense. In 2011 a two-part documentary video was made of my testimony. It went missing for several years and has just turned up.”

— Fr. Gordon MacRae

In the Diocese of Manchester, Transparency and a Hit List

Citing “transparency” the Catholic Diocese of Manchester posted the names of 73 accused priests. Most are dead. The only one in prison is innocent, and they know it.

August 21, 2019 by Ryan A. MacDonald (last updated April 8, 2024)

Note: The following is a guest post by Ryan A. MacDonald whose previous articles include “#MeToo & #HimToo” and “Justice and a Priest’s Right of Defense in the Diocese of Manchester.”

Michael Voris, former moderator and podcast host of Church Militant, had been posting some eye-opening commentary about a story from the Archdiocese of Detroit. Church officials there, in apparent disregard for canon law, published the name of a priest who has been accused of sexual misconduct. The priest is Father Eduard Perrone.

Reportedly, the Archdiocese published his name and a statement that the claims against him are “credible” while steadfastly refusing to publicly acknowledge the fact that Father Perrone maintains his innocence and has a right of defense. Church Militant reported that the original claim is forty years old and came from “a repressed memory,” a highly dubious and dangerous source according to experts in the field of psychology.

Weeks later, attorneys for Father Perrone issued a statement that he has conclusively passed a series of expert polygraph examinations that support his innocence. To date, the Archdiocese has been unresponsive to that fact as well, and so has the Catholic news media commenting on the story while acting as little more than a public relations outlet for the Archdiocese. This all has a chilling ring of the familiar.

On Wednesday, July 31, 2019, for no apparent reason other than the fact that everyone else is doing it, Bishop Peter A. Libasci of the Diocese of Manchester, New Hampshire published a list of 73 Catholic priests accused of sexual abuse of minors. Fully two-thirds of the priests named on the list are dead and thus in no position to defend themselves. The only one currently in prison is innocent. Officials of the diocese publicly suppress that fact after privately admitting it. So much for transparency.

The treatment of Father Eduard Perrone in the Archdiocese of Detroit pales next to the sabotage of justice and basic civil rights that took place in New Hampshire in the case of Father Gordon MacRae. Refusing multiple plea deals offering him a mere one year in prison in 1994, MacRae was asked by his lawyer to consider taking a series of polygraph tests with an expert.

Like Father Perrone in Detroit, MacRae agreed without hesitation. 

He was scheduled for three polygraph exams with questions based on police reports itemizing the specific claims of each alleged victim. The third one was cancelled because MacRae passed the first two so conclusively. When that fact was made known to the Diocese of Manchester before jury selection in MacRae’s 1994 trial, the Diocese published a press release with this statement:

“The Diocese mourns with those who were victimized prior to the discovery of his problems… The Church has been a victim of the actions of Gordon MacRae as well as these individuals.”

— Diocese of Manchester Press Release, September 11, 1993

There was little left for a jury to do. Armed with that statement, Prosecutor Bruce Elliott Reynolds compared MacRae to Hitler in his closing arguments before a heavily manipulated jury. A decade after the trial, a second prosecutor took his own life.

In a case brought twelve years after the alleged crimes, with no evidence of guilt at all to review and weigh, the jury reached a verdict of “guilty” on all charges in less than two hours. This account has been vividly exposed by Dorothy Rabinowitz in a series in The Wall Street Journal concluding with “The Trials of Father MacRae.”

The Predecessor: Bishop John McCormack

After his 1994 trial, MacRae had languished in prison with little contact with or from the outside world for the next seven years. Five years after the trial, Bishop John McCormack arrived in Manchester after a stint as Auxiliary Bishop of Boston promoted by Cardinal Bernard Law.

In 2000, rumblings began to occur pointing to some troubling media interest in the case of Father Gordon MacRae — troubling, at least, to those who put him in prison and kept him there. The initial hints of inquiry came from The Wall Street Journal and PBS Frontline. The media interest ultimately resulted in the creation of two sworn affidavits by persons entirely unrelated and unaware of each other. The following is an excerpt from the affidavit of a New Hampshire attorney:

“Upon acting in a clerk capacity for [the 1994 trial] I became firmly convinced that the charges against Father MacRae were false and brought for financial gain… In June of 2000, I met with New Hampshire Bishop John McCormack at the Diocesan office in Manchester, New Hampshire. During this meeting with Bishop McCormack and [Auxiliary] Bishop Francis Christian, they both expressed to me their belief that Father MacRae was not guilty of the crimes for which he was incarcerated.”

Four months later in 2000, an official of WGBH-TV, the flagship PBS station and production house in Boston, arranged a meeting with Bishop John McCormack. In that four-month period, something happened that drove off auxiliary Bishop Christian who was — by the way — the author of the press release declaring MacRae guilty before jury selection in his trial. What follows are excerpts of a sworn affidavit from the WGBH official:

“The WGBH Educational Foundation wanted to produce a segment of Frontline. This production would have resulted in a national story about Father MacRae. I had contacted assistant Bishop Francis Christian from my office at WGBH to inquire about the story because he was the only person remaining in the Manchester Chancery Office who was present during the time of the accusations against Father MacRae. Bishop Christian wanted nothing to do with my inquiry regarding Father MacRae but did offer to arrange a meeting for me with Bishop McCormack.

“The [October 2000] meeting with Bishop McCormack began with him saying, ‘Understand, none of this is to leave this office. I believe Father MacRae is not guilty and his accusers likely lied. There is nothing I can do to change the verdict.’”

Far more telling, however, is a transcript of notes documented by the PBS official Leo Demers after his meeting with Bishop McCormack. The notes reveal a diocese compromised by the demands of lawyers and insurance companies and a Bishop struggling to retain his moral center in a time of moral panic. The transcript was compiled in 2000, but MacRae was unaware of it until 2009 when a former FBI agent began to investigate. Here are excerpts:

[Auxiliary] Bishop Christian: “This is not my responsibility. I have nothing to do with that. You’ll have to speak with Bishop McCormack.”

Leo Demers: “But you were part of what happened at that time and would have firsthand knowledge of all that occurred. Bishop McCormack was in Boston when all this happened… I would rather meet with you.”

[A few days later I received a phone call from a Chancery Office secretary regarding a meeting schedule. I explained that I would be in the Middle East and Rome for the next two weeks. The meeting was scheduled for Friday, October 13, 2000. I arrived at the Chancery Office and was escorted to the Bishop’s office… The first words out of his mouth were…]

Bishop McCormack: “I do not want this to leave this office because I have struggles with some people within the Chancery office that are not consistent with my thoughts, but I firmly believe that Father MacRae is innocent and should not be in prison… I do not believe the Grovers [accusers at trial] were truthful.”

Leo Demers: The Grover brothers viewed this Chancery Office as an ATM machine, and why shouldn’t they? They’ll likely be back to make another withdrawal.”

Bishop McCormack: “You know that I cannot discuss any settlement agreements.”

Leo Demers: “The specifics of settlements are of no concern to me. What concerns me is the ease with which such settlements are reached.”

Bishop McCormack: “I mentioned to you that I believe he is innocent.”

Leo Demers: “You said that your hands were tied because of your belief in his innocence. How can you help him?”

Bishop McCormack: “I want to do what I can to make his life more bearable under the circumstances of prison life. I cannot reverse the decision of the court system. What can I do?”

Monsignor Edward J. Arsenault

It is striking who is not on the newly released list of accused Manchester priests. Former Monsignor Edward J. Arsenault is not found there. At the time he was elevated to “Monsignor” in 2009, Arsenault landed a $170,000 per year position as Executive Director of St. Luke Institute in Maryland. Simultaneously, Arsenault billed for over $100,000.00 in “consultation” services for Catholic Medical Center in New Hampshire. Bishop John McCormack was the sole U.S. bishop serving on the St. Luke Institute Board of Directors at that time.

Most of those who are today involved in an investigation of the case against Father MacRae believe that Arsenault was the person referred to in Bishop McCormack’s statement to the PBS Executive above:

“I do not want this to leave this office because I have struggles with some people within the Chancery office that are not consistent with my thoughts, but I firmly believe that Father MacRae is innocent and should not be in prison.”

Over the previous two years, Arsenault had risen to become McCormack’s right hand man and the hub of all diocesan administration and finances. By 2001, Father Arsenault had effectively become the power behind the diocesan throne. In that capacity, according to his resume published online (but since removed), Arsenault personally negotiated mediated settlements in over 250 claims of sexual abuse alleged against priests of the Diocese of Manchester.

The newly published list of these accused priests is deceiving. Most claims were never brought before any court of law, but were simply demands made by letters from lawyers representing the claimants whose claims were often thirty or forty years old. In 2002, Plaintiffs’ attorney Peter Hutchins, who later claimed to have received 250 such settlements — a curious coincidence — revealed the climate in which these settlements were made. The following newspaper excerpts are from “NH Diocese Will Pay $5 Million to 62 Victims,” (Mark Hayward, NH Union Leader, Nov. 27, 2002):

“The Catholic Diocese of Manchester will pay more than $5 million to 62 people who claim they were abused by priests… The incidents took place as long ago as the 1950s and as recently as the 1980s and involved 28 priests… The Diocese disclosed the names of the priests.

“None of these men will exercise any pastoral ministry in the Church ever again,” said the Rev. Edward J. Arsenault, delegate of the Bishop for Sexual Misconduct.

“‘It shows good faith on the part of the diocese that victims of abuse will be treated and that their needs will be met,’ said Donna Sytek, Chairman of the Diocesan Task Force on Sexual Abuse Policy [and now Chairperson of the New Hampshire Parole Board].

“‘During settlement negotiations, diocesan officials did not press for details such as dates and allegations for every claim’ [Attorney Peter] Hutchins said. ‘I’ve never seen anything like it!’

“[N]o one will receive more than $500,000… but at the request of Hutchins’ clients, the diocese will not disclose their names, the details of the abuse or the amounts of individual settlements.”

Simultaneous to his positions and role in negotiating settlements in the Diocese, Rev. Edward J. Arsenault also served as Chairman of the Board of The National Catholic Risk Retention Group, an oversight conglomerate of insurance providers for a multitude of Catholic dioceses and institutions across the United States that covered the settlements.

Hypocrisy and a Double Life Unmasked

On April 23, 2014, Monsignor Arsenault was convicted in a plea deal that would prevent full public disclosure of the facts of his case and make them anything but transparent. The above handshake with his prosecutor became for some a symbol of the closed-door justice behind the deal.

Charged with embezzlement of $288,000 from the Diocese of Manchester and the estate of a deceased priest — funds used to groom and support a homosexual relationship with a young musician — Arsenault was sentenced to a prison term of four to twenty years. However someone had a vested interest in keeping Father MacRae from asking too many questions.

After a brief initial stay in the Concord prison receiving area, someone took the highly unusual step of arranging for Arsenault to be moved to a county jail to serve out his sentence. It was a move that some believe was orchestrated to prevent MacRae from learning anything about Arsenault’s handling of his own case.

Arsenault served only two years of his four-to-twenty year sentence before his prison term was commuted to home confinement. Somehow, even while in prison without income, his entire $288,000 restitution bill was paid in full. In February of 2019, Arsenault’s remaining twenty year sentence was mysteriously and quietly vacated and commuted to time served. Many in the State and the Diocese of Manchester, though no one would go on the record, state their belief that Monsignor Arsenault received very special treatment in the Justice System. This was less true in the Church at higher levels. Before his sentence was terminated, Arsenault was dismissed from the clerical state by Pope Francis.  Today, as “Mr. Arsenault,” he is managing a multimillion dollar contract for the City of New York.

Of interest, one of the charges against Monsignor Arsenault was that he had forged Bishop McCormack’s signature on travel and hotel vouchers for himself and his “guest” to the tune of tens of thousands of dollars. Arsenault also created and forged phony invoices from a psychologist for $15,000.

It seems that Arsenault developed his forgery technique directly from the case of Father MacRae. Between 2002 and 2005, Arsenault is alleged to have forged Bishop McCormack’s signature on official letters sent to MacRae in prison and on documents sent to the Vatican seeking canonical dismissal of Father MacRae from the priesthood. This commenced two to four years after Bishop McCormack stated his informed belief that MacRae is innocent and unjustly imprisoned.

It seems clear who Bishop McCormack’s “struggle” was with. It was in the interest of Arsenault’s ties and commitments with insurance companies that all claims against the diocese be settled. MacRae’s obstinacy in refusing to accept plea deals and settlements proved an obstacle that had to be removed. From 2001 to 2005, Father Arsenault carried out a pattern of misinformation to the Vatican and collusion with attorneys to summarily deprive the imprisoned priest of his rights to canonical, civil, and criminal due process. The manipulation against MacRae is its own scandal.

In 2002, Arsenault had Prisoner MacRae summoned to a prison office to engage him in a telephone conversation for a proffered deal. If MacRae would sever all communications with Dorothy Rabinowitz and The Wall Street Journal, Arsenault reportedly said, the diocese would retain counsel on his behalf for a new appeal.

Having just learned that all documentation sent to The Wall Street Journal  was destroyed in the terrorist attacks of September 11, 2001, MacRae felt he had no other options. In March of 2002, Arsenault asked MacRae to send to his office all his defense files used at trial for the purpose of consultation with Attorney David Vicinanzo, a lawyer Arsenault claimed was retained to review MacRae’s case.

Six months later, MacRae learned that his legal files were never given to Attorney Vicinanzo, but were instead turned over to the NH Attorney General’s Office. Multiple letters to Arsenault and Attorney Vicinanzo for an explanation were never answered.

In January, 2003, MacRae was informed by other lawyers hired by Arsenault that a vast public release of files would take place as part of a diocese-wide settlement with the Attorney General in March of that year. MacRae was assured that he would be given a ten-day notice to review files in his regard and to challenge their release. Among all 73 priests on the list of the “credibly” accused newly published by Bishop Peter Libasci, MacRae was the only one never provided with the ten-day notice or any opportunity to review and challenge the release of his own privileged files.

Father MacRae’s letters of protest to Arsenault were never answered. His letter to Bishop McCormack resulted in a claim that the Attorney General issued a subpoena on the Diocese and walked off with priests’ files without regard for their source or for legal confidentiality.

In contrast, the Attorney General wrote to MacRae stating that, over the course of a week, the Diocese provided unfettered access to its files with no attempt at oversight. Further, the Attorney General wrote that all the files were reviewed as a result of a Grand Jury subpoena and were to remain confidential by law. However Bishop McCormack had signed a waiver surrendering the rights of all the priests involved. It is unclear, given the history above, who actually signed that waiver.

To their great credit, Vatican officials have not seen fit to move with a canonical process against this wrongly imprisoned priest. They have, however, administratively dismissed Monsignor Arsenault from the clerical state. He has since changed his name and is now known as Edward J. Bolognini.

To release a list of names of the accused today under the guise of transparency with Father Gordon MacRae identified solely as “convicted” is anything but transparent. It only further obscures this travesty of justice and turns it into just another kind of cover-up.

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Editor’s Note: Ryan A. MacDonald has published on the abuse crisis in multiple Catholic and secular publications. Please share this important post. You may also wish to read these related posts:

Grand Jury, St Paul’s School and the Diocese of Manchester

Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo

A Code of Silence in the U.S. Catholic Church: Affidavits

Omertà in a Catholic Chancery — Affidavits Expanded

#MeToo and #HimToo: Jonathan Grover and Father Gordon MacRae

Jonathan Edward Grover died in Scottsdale Arizona just before his 49th birthday. His role in the case against Father Gordon MacRae leaves many unanswered questions.

Editor’s Note: The following is a guest post by independent writer Ryan A. MacDonald whose previous articles include “The Post-Trial Extortion of Father Gordon MacRae” and “A Grievous Error in Judge Joseph Laplante’s Court.”

When I read Father Gordon MacRae’s Holy Week post on These Stone Walls this year, I was struck by a revelation that he offered Mass in his prison cell for the soul of a man who helped put him there by falsely accusing him. I do not know that I could have done the same in his shoes, and even if I could, I am not so certain that I would. His post took a high road that most only strive for.

The unnamed subject of that post about Judas Iscariot was Jonathan Edward Grover who died in Arizona in February two weeks before his 49th birthday. An obituary indicated that he died “peacefully,” and cited ‘a “long career in the financial industry.” Police determined the cause of death to be an accidental overdose of self-injected opiates weeks after leaving rehab. In Arizona, he had charges for theft, criminal trespass, and multiple arrests for driving under the influence of drugs. A police report described him as “homeless.”

In the early 1990s, Jonathan Grover was one of Father MacRae’s accusers. MacRae first learned of Mr. Grover’s death from a letter written by a woman who had been a young adult friend of Grover at the time of MacRae’s trial in 1994. She wrote that she is now a social worker with “expertise in PTSD” (Post Traumatic Stress Disorder). The letter accused MacRae of having “murdered” 48-year-old Grover. This requires a rational and factual response.

Of interest, Mr. Grover’s obituary – despite his being 48 years old at the time of death – featured his 1987 Keene High School (NH) graduation photograph when Grover was 18 years old. I had seen this photo before. It was among the discovery materials in MacRae’s defense files in preparation for his 1994 trial. The photograph raised the first of many doubts about Grover’s claims.

At age 18 in 1987, Grover gave Father Gordon MacRae, his parish priest and friend at the time, a nicely framed copy of that photo with a letter written on the back. It thanked MacRae for his “friendship and support,” and “for always being there for me.” It was a typically touching letter from a young man to someone he obviously admired. It was written before addiction and the inevitable justification of enablers took hold in his life.

Five years later, apparently forgetting that he ever wrote that letter, Jonathan Grover became the first of four adult brothers to accuse MacRae of a series of sexual assaults alleged to have occurred more than a decade earlier. So what happened between writing that letter in 1987 and accusing MacRae five years later in 1992? It is one of the burning questions left behind in this story.

The framed high school photograph and its accompanying letter never found their way into MacRae’s 1994 trial, or into the public record, because the trial dealt only with the claims of Jonathan’s brother, Thomas Grover. Jonathan was the first to accuse MacRae, but a trial on his claims was deferred. His story had many holes that did not reconcile with the facts. Investigators have since uncovered a different story from the one Grover and his brothers first told.

Bombshells and Black Ops

The two common denominators in the case against Father Gordon MacRae were expectations of money and James F. McLaughlin. In the 1980s, the city of Keene, New Hampshire, with a population then of about 26,000, employed a full-time sex crimes detective on its small police force. In 1988, McLaughlin launched investigations of at least three, and possibly more, Catholic priests in the area including Father Gordon MacRae.

His targeting of MacRae seems to have begun with a bizarre and explosive letter. In September 1988, Detective McLaughlin received a letter from Sylvia Gale, a social worker with the Division of Children, Youth and Families, the New Hampshire agency tasked with investigating child abuse. Ms. Gale’s letter to McLaughlin revealed that she had uncovered information about “a man in your area, a Catholic priest named Gordon MacRae.”

The letter described explosive information from an unnamed employee of Catholic Social Services in the Diocese of Manchester, who developed a slanderous tale that MacRae had been “a priest in Florida where he molested two boys, one of whom was murdered and his body mutilated.” The letter went on to claim that the case was still unsolved, and that MacRae was removed from Florida by Catholic Church officials to avoid that investigation.

The libelous letter also named a Church official, Monsignor John Quinn, as the source of this information reportedly told to an unnamed Church employee on the condition that she would be fired if she ever divulged it. The 1988 letter generated a secret 70-page report developed by Detective James McLaughlin. He launched a dogged pursuit of MacRae who was unaware at the time that any of this was going on.

This all began to unfold one year after Jonathan Grover graduated from Keene High School and presented Father MacRae with that framed photograph and letter of thanks. Armed with Sylvia Gale’s letter, Detective McLaughlin proceeded to question 26 Keene area adolescents and their parents who had known MacRae including members of the Grover family.

Up to that point, not one person had ever actually contacted McLaughlin with a complaint against MacRae, but rather it was McLaughlin who initiated these contacts. As reported below, some of them today claim to have been solicited by McLaughlin to accuse MacRae, some with the enticement of money.

I had to read up to page 54 of McLaughlin’s 1988 report before I came across any effort to corroborate the Florida “murder and mutilation” story with Florida law enforcement officials. By the time he learned that MacRae had never served as a priest in Florida and that no such crime had been committed there, the damage to MacRae’s reputation was already done, and the seeds were sown for the Grover brothers to ponder claims yet to come.

Among those approached by McLaughlin armed with Sylvia Gale’s slanderous letter was Mrs. Patricia Grover, Jonathan’s mother. A parishioner of Saint Bernard Parish in Keene where MacRae had served from 1983 to 1987, Mrs. Grover was also a DCYF social worker and an acquaintance of Sylvia Gale. She had previously worked with McLaughlin in the handling of other cases.

Mrs. Grover also knew Father MacRae. According to McLaughlin’s 1988 report, she was alarmed by the Sylvia Gale letter but doubted that MacRae had ever served as a priest in Florida. She nonetheless vowed to talk with her young adult sons about their relationship with MacRae. Four more years passed before the first of them, Jonathan Grover, accused him.

The “fake news” in the 1988 Sylvia Gale letter set this community abuzz with anxiety and gossip about the potentially lecherous and murderous priest in its midst. Later, Monsignor John Quinn and other Diocese of Manchester officials denied having any involvement in the untrue information about MacRae. They also denied that there was ever any priest who relocated from Florida to New Hampshire under the circumstances described.

Four years later in late 1992, Jonathan Grover became the first of four members of the Grover family to accuse Father Gordon MacRae of sexual abuse dating back to approximately the early 1980s. I use the word “approximately” because Grover and his brothers each presented highly conflicting and multiple versions of their stories and the relevant time frames.

As becomes clear below, Jonathan Grover’s claims became problematic for the prosecution of MacRae, but instead of questioning Grover’s veracity, the police detective engaged a contingency lawyer on Grover’s behalf. In a September 30, 1992 letter from McLaughlin to Jonathan Grover, the detective detailed his conversations with Keene attorney William Cleary who ultimately obtained a nearly $200,000 settlement for Grover from the Diocese of Manchester. From McLaughlin’s letter to Grover:

“As agreed, I contacted William Cleary about your case. Bill believes the statute of limitations has lapsed for a civil action, but this does not rule out the church being financially responsible Bill [Cleary] states he would like to meet with you for a conference. You would not be charged for this. Your options could then be outlined and discussed.”

There is reason to question Detective McLaughlin’s police reports in this case. In most of McLaughlin’s prior cases, he practiced a protocol of audio recording every interview with complainants. In many of his other reports that I have read, he made a point of explaining that he records interviews to protect the integrity of the investigation.

Two years prior to the Grover claims, for example, McLaughlin investigated a complaint against another former Keene area priest, Father Stephen Scruton. From the outset, his reports took pains to document his practice of securing both video and audio recordings of his interviews. He even administered a polygraph test on the accuser. All were standard protocol, but McLaughlin did not create a single recording of any type with any accuser in the case of Father Gordon MacRae. This is suspect, at best, and it has never been explained.

It is made more suspicious by the emergence of other information that has been developed by former FBI Special Agent Supervisor James Abbott who spent three years investigating the MacRae case. One of MacRae’s accusers, a high school classmate of Jonathan Grover, recanted his story when questioned by Mr. Abbott in 2008. An excerpt of Steven Wollschlager’s statement may shed light on why Detective McLaughlin chose not to record these interviews.

“In 1994 I was contacted by Keene Police Detective McLaughlin… I was aware at the time of Father MacRae’s trial knowing full well that it was bogus and having heard of the lawsuits and money involved and also the reputations of those who were making accusations… The lawsuits and money were of greatest discussion, and I was left feeling that if I would go along with the story I could reap the rewards as well. McLaughlin had me believing that all I had to do was make up a story about this priest and I could receive a large sum of money as others already had.

McLaughlin reminded me of the young child and girlfriend I had and referenced that life could go easier for us with a large amount of money… I was at the time using drugs and would have been influenced to say anything they wanted for money.”

— Steven Wollschlager

In “The Trials of Father MacRae,” a 2013 article by Dorothy Rabinowitz in The Wall Street Journal, Detective McLaughlin described the above account simply as “a fabrication.” What struck me about Mr. Wollschlager’s statement, besides the fact that he had nothing whatsoever to gain by lying, is that he never went to Detective McLaughlin with an accusation. Instead, he alleges that it was McLaughlin who approached him, and the approach alleges the enticement of money.

Steven Wollschlager was not the first person to report such an overture. Given the nature of his account and others, it is unclear today whether Jonathan Grover and his brothers initiated their first contacts with this detective. This suspicion was a contentious issue in MacRae’s 1994 trial. Thomas Grover, the brother of Jonathan Grover, was asked under oath to reveal to whom he went first with his claims, the police or a personal injury lawyer, but he refused to answer. To this very day, that question has never been answered.

What became clear, however, is hard evidence that placed Detective James McLaughlin investigating at least some of this case, not from his office in the Keene Police Department, but from the Concord, NH office of Thomas Grover’s contingency lawyer, Robert Upton, before MacRae was even charged in the case.

A Conspiracy of Fraud

In a report labeled Case No. 93010850, Detective McLaughlin produced the first of several conflicting accounts of untaped interviews with Jonathan Grover. Note that the first two digits of McLaughlin’s report, “93,” seem to indicate the year it was typed, but the date on the report is August 27, 1992. The content of this report is sexually explicit so I will paraphrase. The report has Grover claiming that when he was 12 or 13 years old he “would spend nights in the St. Bernard rectory in Keene.” During those nights, he alleged, he was sexually assaulted by both Father Gordon MacRae and Father Stephen Scruton.

But there was an immediate problem. MacRae was never at St. Bernard’s Parish in Keene until being assigned there on June 15, 1983, when Grover was 14 years old. Father Stephen Scruton was never there before June of 1985 when Grover was 16 years old. These dates were easily determined from diocesan files, but McLaughlin never investigated this. The report continued with claims alleged to have taken place in the Keene YMCA hot tub:

“It was during these times that Grover would be seated in the whirlpool and both Father MacRae and Father Scruton would be joined in conversation and they would alternate in rubbing their foot against his genitals. Grover was unsure if the priests were acting in concert or if they were unaware of each other’s actions.”

This report is highly suspicious. Just months earlier, Detective McLaughlin had previously investigated Father Stephen Scruton for an identical claim brought by another person alleged to have occurred in 1985 after Scruton’s arrival at this parish. “Todd,” the person who brought that claim against Scruton, was also a high school classmate of Jonathan Grover.

After McLaughlin’s investigation, “Todd” obtained an undisclosed sum of money in settlement from the Diocese of Manchester. That interview with “Todd” was labeled Case No. 90035705 dated just 18 months before Jonathan Grover’s identical claims emerged. Unlike the Grover interviews, the interview with Todd was tape recorded by McLaughlin. Here is an excerpt from the report:

“Father Scruton was a regular at the YMCA. Todd went to the YMCA with Father Scruton. They decided to use the hot tub… At one point, Father Scruton took one of his feet and placed it between Todd’s legs and rubbed his genitals… The touching was intentional and not a mistake. A rubbing motion was used by Father Scruton… I asked Todd where he stood on civil lawsuits.”

It defies belief that a small town police detective could write a report about a Catholic priest (Scruton) fondling a teenager’s genitals in a YMCA hot tub, then 18 months later write virtually the same report with the same claims of doing the same things in the same place, only this time adding a second priest, but nothing in the second report seemed to even vaguely remind the detective of the first report.

After “Todd’s” YMCA hot tub complaint in 1990 — 18 months before Jon Grover’s own YMCA hot tub story — Father Stephen Scruton was charged by McLaughlin with misdemeanor sexual assault. He pled guilty and received a suspended sentence and probation. One year later, McLaughlin has someone else repeat the same story, only now involving both Scruton and MacRae, but two to four years before either of them was present in Keene.

What is most suspect about this claim of Jonathan Grover involving both priests is that in 1994, one year after writing the report, McLaughlin responded to a question under oath:

On occasion, I have had conversations with Reverend Stephen Scruton, however I have no recollection of ever discussing any actions of Gordon MacRae with the Reverend Scruton.

(Cited in USDC-NM 1504-JB)

But this all becomes more suspicious still. In the investigation file on these claims was found a transcript of a November 1988 Geraldo Rivera Show entitled “The Church’s Sexual Watergate.” It was faxed by the Geraldo Show in New York to Detective McLaughlin at the Keene Police Department two months after his 1988 receipt of the Sylvia Gale “Florida letter.” It was two years before “Todd’s” YMCA hot tub claim about Father Scruton and four years before Jonathan Grover’s claims. Here is an excerpt:

“Geraldo Rivera: What did the priest do to you Greg?
Greg Ridel: Around the age of 12 or so, he and I went to a YMCA. And I was an altar boy at the time. And the first time I was ever touched… he began stroking my penis in a hot tub, I believe it was, at a YMCA. From there it went to what you might call role playing in the rectory where the priests stay.”

— “The Church’s Sexual Watergate,” Geraldo Show, Nov. 14, 1988

Detective McLaughlin’s 1993 police report also had Jonathan Grover claiming that Father MacRae paid him money in the form of checks from his own and parish checking accounts in even amounts of $50 to $100 in order to maintain his silence about the abuse. McLaughlin never investigated this, but Father MacRae’s lawyer did investigate. Father MacRae’s personal checking account was researched from between 1979 to 1988. It revealed no checks issued to Jonathan or Thomas Grover.

However, the attorney uncovered several checks written from parish accounts to both Jonathan Grover and Thomas Grover. All were in even amounts between $40 and $100 and dated between 1985 and 1987 when these two brothers were 16 to 20 years of age respectively. The checks were filled out and signed by Rev. Stephen Scruton.

Days before Father Gordon MacRae’s 1994 trial commenced, his attorney sought Father Scruton for questioning. He declined to respond. When the lawyer sought a subpoena to force his deposition, Scruton fled the state. During trial, the jury heard none of this. Because the trial involved the shady claims of Thomas Grover alone, the defense could not introduce anything involving his brother, Jonathan.

In April, 2005, The Wall Street Journal published an extensive two-part investigation report of the Father MacRae case (“A Priest’s Story” Parts One and Two), but it omitted Father Stephen Scruton’s role in the story — perhaps because he could not be located. Diocese of Manchester officials reported for years that they had no awareness of Scruton’s whereabouts.

In November 2008, former FBI Special Agent Supervisor James Abbott was retained to investigate this case. He located Father Scruton at an address in Newburyport, Massachusetts just over the New Hampshire State Line. First reached by telephone, Scruton was reportedly agitated and nervous when he learned the reason for the call. The investigator heard a clear male voice in the background saying, “Steve if this is something that might help Gordon I think you should do it.” Scruton reluctantly agreed to meet.

The former FBI agent drove from his New York office to Newburyport, MA on the agreed-upon date and time, but Scruton refused to open the door. He said only that he had “consulted with someone” and now declines to answer any questions. The investigator then sent Scruton a summary of his involvement in this case and requested his cooperation by telling the simple truth.

Days after receiving it, Stephen Scruton suffered a mysterious fall down a flight of stairs and never regained consciousness. Father Stephen Scruton died a month later in January of 2009. He took the truth with him, and now Jonathan Grover has done the same. But facts speak a truth of their own. Readers can today form their own conclusions about this story.

I have formed mine, and I remain more than ever convinced that an innocent man is in prison in New Hampshire, a blight on the American justice system. Having thus far served 24 years of wrongful imprisonment for crimes that never took place, Father Gordon MacRae still prays for the dead.

“After three years of investigation of this case, I have found no evidence that Father MacRae committed these crimes, or any crimes.”

— Affidavit of former FBI Special Agent Supervisor James Abbot

Editor’s Note: Please share this post which could be of great importance to Father MacRae for justice in both Church and State.

Ryan A. MacDonald has published extensively in both print and online media. Ryan’s articles include:

The Trial of Father MacRae: A Conspiracy of Fraud

How Psychotherapists Helped Send an Innocent Priest to Prison

In the Fr Gordon MacRae Case, Whack-a-Mole Justice Holds Court

Justice and a Priest’s Right of Defense in the Diocese of Manchester

The Prison of Father MacRae: A Conspiracy of Silence

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

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

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

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

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

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

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

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

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

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

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

The Lie Detector Disaster

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

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

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

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

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

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

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

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

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

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

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

Bishop’s Delegate Monsignor Edward Arsenault

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

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

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

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

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

— Catholic Priests Falsely Accused, p. 80

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

• The Delegate (Monsignor Edward Arsenault) will:

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

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

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

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

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

  • The right not to implicate oneself;

  • The right to counsel, civil and canonical;

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

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

  • The right to know and understand the review process;

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

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

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

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

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

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

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

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

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

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

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

UPDATE:

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

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

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

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

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

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