Dying in Prison in the ‘Live Free or Die’ State

News articles allege that Detective James McLaughlin falsified reports and/or evidence but this was kept hidden from the jury in the 1994 trial of Fr. Gordon MacRae.

July 13, 2022 by Charlene C. Duline

Editor’s Note: The following is a guest post by noted author, Charlene C. Duline. Retired from a distinguished career as a diplomat and Foreign Service Officer with the U.S. State Department, Ms. Duline served the United States in several nations across the African Continent, in East Pakistan and Panama, and at United Nations Headquarters in New York. She holds degrees in journalism and political science from Indiana University and a Master’s degree in International Public Policy from the Johns Hopkins School of Advanced International Studies in Washington, DC.

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I am outraged at the State of New Hampshire! Every citizen in the State should be! Recent news articles by Damien Fisher and Nancy West at InDepthNH.org have pulled the shroud of secrecy from a grave injustice. Few people in that State knew about a list formally called the “Exculpatory Evidence Schedule,” now better known as the “Laurie List.” The list was revealed in December 2021 by the New Hampshire Attorney General as a result of litigation filed by the American Civil Liberties Union of New Hampshire and the New Hampshire Center for Public Interest Journalism which remains a litigant seeking the full publication of that list.

The court-ordered release of the list of compromised police is based on a Supreme Court decision holding that if favorable exculpatory evidence has been knowingly withheld by the prosecution in a criminal case, the burden shifts to the State to prove beyond a reasonable doubt that the undisclosed evidence would not have affected the outcome of a trial. If such a violation occurred and the State failed to meet its burden, a defendant has been denied his right to present all favorable proofs and is entitled to a new trial or to have his convictions vacated altogether.

Former NH detective James McLaughlin, the shady detective who was instrumental in pursuing lie after lie about Fr. Gordon MacRae sending him to a long prison term in 1994, was prominent on the Laurie List for “Falsification of Records” and/or evidence. Over 28 years of wrongful imprisonment in the New Hampshire State Prison, MacRae has consistently asserted that the case against him was built on lies, cheating and distortions aided and abetted by a dishonest police officer.

Just as Innocence Project founder Barry Scheck predicted in his 2003 book, Actual Innocence, those assertions have since been ignored or explained away at higher levels of the justice system by judges with a clear bias in favor of police and against defendants — and this defendant in particular. Judge Arthur Brennan, the first New Hampshire judge to hear this case, told jurors to “disregard inconsistencies” in accuser Thomas Grover’s testimony. As The Wall Street Journal’s Dorothy Rabinowitz wrote in The Trials of Father MacRae, they had much to disregard.

In addition to new evidence and witnesses that other judges declined to hear, much of MacRae’s failed 2012 Habeas Corpus petition was about Keene, New Hampshire sex crimes detective James McLaughlin and the shady tactics he employed to generate claims, prosecute, and convict MacRae in 1994 paving a path to lucrative settlement deals from the Catholic Diocese of Manchester.

Now it turns out that McLaughlin was sanctioned on a secret Attorney General’s list for “falsification of records” in 1985, nine years before the trial of Father MacRae. Under a U.S. Supreme Court precedent, Brady v. Maryland, prosecutors were required to reveal that fact to Defendant MacRae and his legal counsel. They did not. This was especially egregious because a central issue in this case has been the falsification of police reports and witness tampering.

Since there were no consequences, McLaughlin continued what he did best. The record in this case is filled with post-trial witness statements that he threatened, intimidated, coerced and lied to witnesses, and falsified records. At least one witness today claims that this detective attempted to suborn his perjury with a monetary bribe. Judge Joseph Laplante, the New Hampshire federal judge who heard MacRae’s Habeas Corpus petition, ignored all of this and allowed none of these witnesses to testify under oath.

Few people know that Fr. MacRae was offered two plea deals before his trial and one during trial. He was told that if he would plead guilty he would receive only one year in prison. This honest man turned down the plea deals. The lengthy criminal rap sheet of 27-year-old accuser Thomas Grover includes multiple arrests for forgery, theft, burglary, drugs, and assault. He broke his future ex-wife’s nose when she questioned his perjury.

The jury never heard any of this. Neither did they hear that Thomas Grover several times received financial payments from his personal injury lawyer, advances on his expected windfall in his accompanying civil lawsuit — a practice that is forbidden by the rules of professional conduct for lawyers. Grover was awarded almost $200,000 for crimes that never took place. There are photos of him dancing with stacks of $50 bills.

At the trial, Judge Arthur Brennan warned MacRae that if he took the stand in his own defense, the judge would open the door for Thomas Grover’s brothers to testify to their own false claims in related civil lawsuits. Gordon MacRae was the only person never heard from in this trial. In a flimsy 1996 appeal represented by a public defender (because MacRae’s diocese refused to help him), MacRae was not even allowed to be present. At three attempts at a Habeas Corpus appeal before state and federal courts since this trial, neither MacRae nor any witness for his defense were permitted to give testimony. At no time has any court official allowed a single word from this defendant.

The man who actually controlled the Diocese of Manchester during much of MacRae’s sentence was Monsignor Edward J. Arsenault, now known as Edward J. Bolognini. He violated Church law regarding Father MacRae who was never told, despite repeated requests, what the Diocese conveyed to the Holy See in Rome about this matter. Arsenault was later dismissed from the priesthood after pleading guilty to stealing almost $300,000 from the Diocese and the estate of a deceased priest. He reportedly spent the stolen money in the company of a much younger gay musician.

At the time of his nearly $300,000 embezzlement, Arsenault held a $170,000 per year position as Executive Director of the St. Luke Institute for troubled priests in Maryland. He served only two years of a 20-year prison sentence before being released and his sentence vacated when an unnamed third party paid his entire restitution. Now a convicted felon with a new name, he today administers a lucrative contract for the City of New York.

I believe that Father MacRae’s bishop and diocese owe him apologies for their abandonment of him, their presumptions of guilt, their refusals to visit or even correspond with him for 28 years in prison where Father Gordon MacRae remains a priest. He offers Mass in his cell each week, and has been instrumental in saving lives and souls. One of them is the life and soul of my Godson, Pornchai Moontri, a conversion story beautifully told by Marian Helper Editor, Felix Carroll in the great Divine Mercy book, Loved, Lost, Found.

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Editor’s Note: Charlene Duline’s Godson, Pornchai Moontri, now residing in Bangkok, Thailand, was the subject of a stunning investigative report by Father Gordon MacRae:

“Getting Away with Murder on the Island of Guam”.

For additional information on Charlene Duline’s article, see the following:

AG Hides Some ‘Laurie List’ Names Hours After Release By Damien Fisher, InDepthNH.org

Famed Keene Cop Called Out for Federal Entrapment By Damien Fisher, InDepthNH.org

A Grievous Error in Judge Joseph Laplante’s Court By Ryan A. MacDonald

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

A Year in the Grip of Earthly Powers

A global pandemic, a world in chaos, divisive politics, sheepish shepherds, misguiding lights, Catholic confusion. Even in a year from hell, there was hope.

I offered Midnight Mass in my prison cell this Christmas. It was for the intentions of our readers beyond these stone walls. I much appreciate your presence here at this new site, and I hope you will subscribe. It makes things a lot easier for me.

The First Reading at Midnight Mass this year was from the Prophet Isaiah, and it was both familiar and comforting: “The people who walked in darkness have seen a great light. Upon those who dwelt in the land of gloom, a light has shone” (Isaiah 9:2). Without a doubt it seemed as though Isaiah had walked through this year with me. He went on to bring some perspective to the present darkness: “For the yoke that burdened them, the pole on their shoulder, and the rod of their taskmaster you have smashed ... For a child is born to us, a son is given us. Upon his shoulder dominion rests” (Isaiah 9:4,6).

I thought the Prophet had really nailed my experience of dwelling in the land of gloom that was 2020. Of course, if you have been a regular reader, then you know that I cannot let a cool word like “gloom” pass by without a little digging. It’s a fascinating word with origins both obscure and mysterious. It first came into use in English around the Twelfth Century in the period that we now call Middle English. Unlike about half the vocabulary of that era, gloom has no Latin root, however.

My digging took me to a much older term, “the gloaming,” which arose from Anglo-Saxon tribes in the Fifth Century in the period we call Olde English. The gloaming referred to the dark of night just before the dawn when the first glow of twilight could be seen on the eastern horizon. We in the 21st Century cannot fathom the darkness of the Fifth. The gloaming was a time of both dark and the promise of light. The words, “gloom” and “glow” both arose from it even though they are functionally opposites.

That Midnight Mass excerpt from the Prophet Isaiah was packed with hidden meaning. “Upon those who dwelt in the land of gloom, a light has shown.” The word “dwelt” (or dwelled) also comes from an Olde English term, “dwellan,” which originally meant “to be misled.” How and when it came to refer to a place in which you live is uncertain. It could thus be fair to reinterpret Isaiah’s Christmas prophecy in light of that original meaning: “Upon those misled in the land of gloom, a light has shown.”

Governor of New York, Andrew Cuomo and the Bishop of the Diocese of Syracuse, Bishop Douglas J. Lucia

Misled by Earthly Powers

It is likely, however, that many or even most of you never got to hear that Midnight Mass proclamation from Isaiah because many civil authorities placed severe limits on the practice of your faith in 2020. The contradictions were staggering, but never explained. The coronavirus was extremely contagious in Catholic and other Christian churches, but only minimally during anti-police urban riots this year. Liquor stores (which in my State are all owned by the State) were deemed essential, along with abortion clinics, casinos, etc. Churches were deemed nonessential and saddled with draconian limits.

I believe that many have been misled in the current darkness of 2020, and fear has drawn some of us away from the light. The governors of New York and California, for example, imposed limits on Catholic Masses and other congregations that made no sense. In New York, a church that can accommodate 1,000 people was forced to limit Mass participation to ten, or 25 if the church was in a less infectious zone. Most of the news media has been complicit in furthering such propaganda. The pastor on one small Evangelical congregation began his Sunday service with strip club music while he loosened his tie and threw it into the pews. He explained that strip clubs are open in his state while churches were ordered closed.

I was encouraged recently when the U.S. Supreme Court struck down an edict from New York Governor Cuomo declaring his limits on church attendance to be an unconstitutional infringement on the free exercise of religion as defined in the First Amendment. The Governor dismissed the SCOTUS ruling as “irrelevant and political.”

But then a bigger bomb dropped. After the Supreme Court ruling, the Bishop of Syracuse, Bishop Douglas Lucia, reinstated the very restrictions that the Court said the Governor could not impose. So Masses in churches that could hold 1,000 remained limited to 25. As in many areas, government imposed registration is also required. Even when some civil authorities did not demand this, some bishops imposed it anyway. This memo from the bishop of a large archdiocese was sent to his priests:

“Contact Tracing: Especially during the Christmas season, it is mandatory that each parish maintain a list of all persons attending services in the church including their contact information (i.e. phone number). Such lists shall be placed with parish financial records and maintained for a period of not less than six years.”

It is troubling, at best, that some bishops would confuse the care of souls with the exercise of their own Earthly powers as sheepish deputies of civil authority. I am by no means the first to recognize this troubling trend. I felt a glow of hope when Matthew Hennessey, the Deputy Editorial Features Editor for The Wall Street Journal, addressed this head-on in this OpEd, "No More Bishop Nice Guy" (December 9, 2020):

“We are told that lives have been saved by keeping churches half empty. Do we know how many souls have been lost? As a Catholic raising five children in the faith, I’m particularly concerned wit the future of my church ... It’s inspiring to see ordinary people stand up to bullies like (Governors) Cuomo an Newsom. But what are America’s bishops doing to inspire their flocks? What will they do? We are tired of watching our leaders kneel before junior varsity Caesars ... Show some backbone. Open the churches. Get rid of the sign-up sheets. No more roped off pews. No more 25% capacity ... Be the heroes we need you to be. The alternative is subservience. The alternative is empty pews forever. The pandemic generation may never return.”

— Matthew Hennessey

AMEN!

With prophetic witness early in the pandemic, Father James Altman courageously preached his now famous homily, “Memo to the Bishops of the World.” It came as Catholic Masses across the nation were shutting down and, for many, the Eucharist became inaccessible. It alarmed Father Altman, just as it alarms me, that many of the shutdown orders came, not from governors, but from our bishops. I wrote of this in what I think is the most urgent post of 2020, “The Faithful Departed: Bishops Who Bar Catholics from Mass.”

From Fr. James Altman, “Memo to the Bishops of the World: The Faithful do not need you to look after their bodies. They need you to follow the supreme law of the Church and look after their souls.”

A Year of Pandemic in Prison

I just realized that I began this post with a description of my Christmas Eve Mass this year. Dorothy Rabinowitz did the same in a series in The Wall Street Journal entitled, “The Trials of Father MacRae.” Here is her first paragraph from seven years ago:

“Last Christmas Eve, his 19th behind bars, Catholic priest Gordon MacRae offered Mass in his cell at the New Hampshire state penitentiary. A quarter-ounce of unfermented wine and the host had been provided for the occasion, celebrated with the priest’s cellmate in attendance.”

— Dorothy Rabinowitz, "The Trials of Father MacRae," WSJ

The “cellmate in attendance” then was, of course, Pornchai Moontri. This year is the first time in 15 years that he has not been here with me at Christmas. It is during Mass that his absence is most deeply felt. It is a wound upon my heart that, despite all our valiant efforts, Pornchai remains in ICE detention soon to begin a fifth month beyond his sentence, which had been fully served. It is not too late to join me and Catholic League President Bill Donohue in our petition to the White House to “Help Pornchai Moontri.”

I know I am working backward in my description of the year spent in pandemic mode behind prison walls, but the last four months since Pornchai was taken away have been too busy to grieve.

Besides, I do not want to grieve. I want to rejoice, but I have had to postpone it until he arrives safely in Bangkok. You know from reading these pages all that happened to Pornchai in life. You also know that in the fifteen years in which we lived in the same prison cell, Saint Maximilian Kolbe insinuated himself into our lives in profound and mysterious ways. Together, with the help of Mary, Undoer of Knots, St. Maximilian and I set course to reverse the damage life had inflicted upon my friend who wrote of our lives here in “Pornchai Moontri: Hope and Prayers for My Friend Left Behind.”

By the time Pornchai wrote those parting words to us, he and I had been through many trials together. Some have been recounted in these pages, but many others were not. One of them was our ordeal early in 2020 during which — we now both believe — we both contracted Covid 19.

It was late in January 2020. Everyone around us here had come down with a flu virus that moved among us like a wildfire. I went to work every day — even when I contracted it myself — because there seemed no cause to fear any contagion. Everyone with whom I had contact already had it. For some it seemed just a head cold. For others it was a more serious flu. For me and several others, it was devastating. I was fatigued to the point of collapse, chronically short of breath, and had frequent troubling episodes of cardiac arrhythmias — all what we later learned to be classic symptoms of Covid-19. I had this for all of February and well into March.

Pornchai also had it, but for only three weeks and not as severe. We just toughed it out, rested as much as we could, and looked after some others even worse off. By March, I had to seek medical intervention. I have a lifelong autoimmune disorder called sarcoidosis. It develops painful but otherwise benign tumors on the lymphnodes. The Covid — presumably Covid anyway — caused my immune system to go into overdrive. So I spent several weeks on prednizone to quiet the immune system. I was miserable, and I hope my posts at the time didn’t show it.

Pornchai and I both fully recovered, but I would not want to repeat the experience. To date, 231 prisoners here and 81 staff have tested positive with symptoms. Most went into quarantine, which in prison is quarantine from quarantine and it’s miserable. As the first and biggest wave traveled through the country, it had dire consequences for prisoners and equally so for you in the real world. For a time, my Sunday Mass in my cell was the only Mass offered in the entire state.

Beyond These Stone Walls

In the midst of all this misery, just as Covid was again rampaging, just as Pornchai was leaving, while separation loomed and life in prison became solitary for me, and filled with gloom, someone chose that moment to attack These Stone Walls and bring it down. There were some weeks of unclarity as we pondered what to do. It was also just as the elections in America were elevating to a state of frenzy.

At the end of October this year, we had serious decisions to make. I told Pornchai by telephone in ICE detention that These Stone Walls had come to an end. “It can’t end!” he said forcefully. He asked me, “What would Maximilian do?”

A proposal had been floated by a friend who announced that she had an inkling from some unknown grace to copy all the content from These Stone Walls and preserve it. I had no idea that she had done this. Then she proposed starting anew with a new name and blog format. Connecting with Father George David Byers and me, she chooses to remain in the background while rebuilding this Voice from the Wilderness. I have not yet seen it, but then again, I never saw These Stone Walls either.

Beyond TSW is a work in progress now, and is slowly being built. One feature of this new site format that I especially like is our “BTSW Library.” Instead of just chronologically listing posts by date, the Library displays them in multiple categories such as “Father Gordon MacRae Case,” “Mysteries of History,” “Science & Faith,” etc. like a real library’s card catalog where posts are sorted by subject. We have only a few categories up right now as the site is being rebuilt, but we expect to have at least twenty five. Our volunteer webmaster said that I “have written on so many topics that we could fill a library.” I think that is a polite way of saying that I have never had an unpublished thought!

Pornchai Moontri was thrilled and encouraged when I told him that he will have a category of his own. There was a time when he could not imagine a life beyond these stone walls. Now he cannot imagine life without it.

We have a new “ABOUT” page too, and bigger print! I still have a few things to write about so I hope you will stay, subscribe, and continue to walk in this land of gloom with us. Thank you for being here with us in this year of trials. You have been the glow that we see from beyond at twilight.

May the Lord Bless you and keep you in this New Year.

Father G.

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Editor's Note: Please share this post with others. You may also like to visit the related posts mentioned in this one:

The Faithful Departed: Bishops Who Bar Catholics from Mass

The Trials of Father MacRae by Dorothy Rabinowitz of the WSJ

Help Pornchai Moontri by Catholic League President Bill Donohue

Pornchai Moontri: Hope and Prayers for My Friend Left Behind

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