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 only 90 minutes. 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. 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

A Grievous Error in Judge Joseph Laplante’s Court

Federal Judge Joseph Laplante dismissed without testimony Fr Gordon MacRae’s recent hope for justice. No U.S. court has allowed this defendant to utter a single word.

June 22, 2016 by Ryan A. MacDonald

Editor’s Note: The following is a guest post by Ryan A. MacDonald, author of “The Trial of Father MacRae: A Conspiracy of Fraud.”

I am not here to cast Donald Trump-like aspersions upon a judge whose decision I simply do not like. I have no doubt that Father Gordon MacRae would bar me from publishing here if I did. I am simply here to describe a grievous error that occurred in United States District Court in Concord, New Hampshire, and other facts that continue to trouble me greatly a year after I published an important article on this site: “Judge Joseph Laplante Denies Priest’s Appeal.”

Many people have come to believe that the 1994 prosecution and trial of Father Gordon MacRae, and subsequent appeals, have left an innocent man in prison and a gaping wound on the integrity of the criminal justice system. One issue that I and others simply cannot comprehend is that no one in this system — absolutely no one — has allowed this accused priest to utter a single word in his own defense.

After the prosecution rested its case in 1994 — with lots of theatrics but no evidence — Judge Arthur Brennan addressed MacRae directly, outside the presence of the jury. He cautioned MacRae against testifying in his own defense. If he did so, the judge warned, the door would be opened to allow other claims from Thomas Grover, his brothers, and others to come before the jury and taint its view of this case.

The public defender who minimally handled MacRae’s direct appeal in 1996 said that he was surprised by Judge Brennan’s warning, but could find no legal precedent to cite it as an appeal issue. At one point in the trial, Judge Brennan instructed the jurors to “disregard inconsistencies in Thomas Grover’s testimony.” As Dorothy Rabinowitz wrote in The Wall Street Journal, “they had much to disregard” (WSJ, “A Priest’s Story,” April 28, 2005).

In a sentencing hearing weeks after the trial, Judge Arthur Brennan sentenced MacRae to a term of 67 years in prison — more than thirty times the two-year maximum sentence proposed to MacRae pre-trial, deals that the priest rejected citing his innocence of the charges. During the sentencing phase, he was not permitted to say a single word in his own defense while the Judge berated him for observing his Constitutional right to a jury trial.

When sentencing MacRae, Judge Arthur Brennan offered some evidence and testimony of his own: “This court has heard clear and convincing evidence that you created child pornography of your victims.” In the entire trial, not a single word about child pornography was ever raised. Eleven years later, the lead detective in the case admitted to Dorothy Rabinowitz of The Wall Street Journal, “There was never any evidence of pornography.”

MacRae, in prison after the trial, was neither present nor represented by counsel as Thomas Grover and his brothers continued the fraud in civil court seeking lucrative settlements from the Catholic Diocese of Manchester. Everyone had a voice and a lawyer except Gordon MacRae.

And he was silenced yet again, not even permitted to be present, in his direct state appeal in 1996 when judges dismissed as “harmless error” the egregious testimony of a psychological expert that should not have been admitted at trial while MacRae’s defense was allowed no expert. As Innocence Project founders, Attorneys Barry Scheck and Peter Neufeld described in their book, Actual Innocence  (Random House 2000):

“For an innocent person, the two most dangerous words in the language of the law are ‘harmless error.’ These are the magic words that appellate courts use to absolve police officers and prosecutors of misconduct.”

— Actual Innocence, p. 172

“Especially a Catholic Priest”

There was a lot to absolve. As The Wall Street Journal’s Dorothy Rabinowitz described (see “The Trials of Father MacRae,” May 13, 2013): “Those aware of the facts of this case find it hard to imagine that any court today would ignore the perversion of justice it represents.” I exposed some concrete examples of those perversions of justice in “The Trial of Father MacRae: A Conspiracy of Fraud.”

It is an inescapable fact of injustice that from 2012 to 2015 three additional judges and courts heard motions to revisit this trial, but dismissed them without permitting a single word of testimony from defendant Gordon MacRae or any of the witnesses who have come forward, some quite courageously.

On March 17, 2015, Judge Joseph Laplante heard oral arguments from attorneys Robert Rosenthal and Cathy Green representing the imprisoned priest, and Assistant Attorney General Elizabeth Woodcock for the prosecution. Neither Father MacRae nor any of the newly presented witnesses in this case were present, nor was any of their testimony heard. The arguments took just under two hours, a flash in time compared to the twenty-two years MacRae has thus far spent in wrongful imprisonment. On March 25, 2015, Judge Laplante dismissed the habeas corpus petition from going forward. There was to be no further hearing on testimony, merits or evidence.

Additionally, Judge Laplante declined to grant a Certificate of Appealability to bring this matter to the First Circuit Court of Appeals. This had the effect of forcing MacRae to fund an added appeal of the denial of a Certificate of Appealability. One full year later, in April of 2016, the First Circuit Court of Appeals declined to reverse the decision not to allow a further appeal. I held my pen until that decision was rendered.

I do not want to use limited space here to rehash what I wrote in “Judge Joseph Laplante Denies Priest’s Appeal.” I hope that after reading this article, you will go back to read it for yourselves for it lays out all the reasons why I believe this outcome to be an abuse of judicial discretion. Denying the Certificate of Appeal had the effect of bankrupting the defense of a man who has spent twenty-two years in prison for crimes that most observers today conclude never took place.

The Grievous Error

However, none of that addresses the error that I am here today to address. I have spent considerable time reading a transcript of that hearing and Judge Laplante’s ruling. A significant part of both troubled me greatly, and I know that it troubled Father MacRae as well. It simply did not concur with MacRae’s memory of this case, and his memory, according to Dorothy Rabinowitz, is “encyclopedic.” The error involves a point that was heavily stressed by Judge Laplante in both the transcript and his dismissal order. I will begin with the transcript. The speaker is Judge Laplante:

“Now, leaving [Thomas] Grover’s credibility aside, nothing that [new witnesses] say undermines what seems to be a very important piece of evidence in the underlying criminal trial which is that when [James] McLaughlin, a detective from Keene, confronted MacRae with these accusations, he didn’t deny them. He had a very unusual response, basically quibbling with [Detective] McLaughlin over the proper terminology to apply to a person who is sexually attracted to children under 14 or 15. I don’t even remember the terms right now, but he basically corrected the detective for using the word pedophile. He came up with a more correct term — a more precise term. Whether that was even correct is debatable. But it was a very unusual response. It wasn’t a denial. It wasn’t the type of conduct that one would expect one to undertake when accused in that way. Especially a Catholic priest … MacRae did not react in a manner one would expect of an innocent person.”

— T: 51-52

Now, the excerpt above reflects just two paragraphs of a 70-page court transcript, but it was an extensive part of the reasoning behind Judge Laplante’s two-page decision dismissing the federal habeas petition. What Judge Laplante described above is a claim that Detective McLaughlin confronted Father MacRae about the charges involving Thomas Grover, referred to MacRae as a “pedophile,” and then instead of simply denying it, MacRae supposedly corrected McLaughlin by telling him that the correct term is “hebophile.”

There is just one major problem here. It never happened! Detective James McLaughlin never once “confronted MacRae with these accusations,” nor did any of what Judge Laplante refers to above have any connection with the case at hand. This is an egregious perversion of justice.

When I read this I was very troubled. Father MacRae has been confined in a 96-square-foot cell for twenty-two years with very limited access to documents in this case and no access to online research. As the above scenario surfaced, his lawyers sent him a statement to sign stating that he never made any such admission to Detective McLaughlin, but “told him that someone who might be attracted to someone Grover’s age would be an ‘phebophile,’ not a ‘pedophile.’ “

MacRae was troubled because he has no memory of McLaughlin ever discussing any aspect of the Thomas Grover case with him. He simply assumed that someone (his own lawyers? the prosecutors?) who have access to transcripts, must have found such a reference somewhere.

But they did not. No such reference exists. In the case for which Father MacRae was indicted and faced trial, McLaughlin and the prosecutors brought secret indictments. This priest first learned of the very existence of this case on the night of May 5, 1993, the night that police showed up at his door to arrest him on charges that were then over a decade old. He had no subsequent or even previous discussion about these charges with McLaughlin.

So what is going on here? When I got to the bottom of it, the truth was spine-chilling in its gross manipulation of this defendant, but it had no connection whatsoever with Thomas Grover’s charges or this trial or the appeal of this case. Bear with me, please, for this is indeed a complex account.

Whack-a-Mole Justice Holds Court

In 1988, a full five years before Thomas Grover and his brothers concocted their scheme to accuse Gordon MacRae, Keene, NH sex crimes Detective James McLaughlin targeted a number of Catholic priests who had lived and worked in the Keene area. One of them was Father MacRae who was assigned in Keene from 1983 to 1987. In 1987 and 1988, on a leave from parish ministry, MacRae was Executive Director of a regional chemical dependency treatment center near Keene, and in 1989 he became Director of Admissions for the Servants of the Paraclete facility for troubled priests in Albuquerque, NM.

No one had come to Detective McLaughlin with a complaint about MacRae. He launched an exhaustive investigation based on a letter from state social worker, Sylvia Gale, claiming that MacRae was once a priest in Florida where he “molested two boys, one of whom was murdered and his body mutilated.” Dorothy Rabinowitz wrote about that contrived and slanderous account in “A Priest’s Story” (WSJ, April 27, 2005). The Florida story had no basis in fact. MacRae had never been a priest in Florida nor had such a crime ever occurred there. The social worker’s claimed source was an official of the Diocese of Manchester who later denied it. For Detective McLaughlin, however, it became probable cause to launch a moral panic.

On September 19, 1989, Father MacRae received a telephone call from his sister in the Boston area. Upset and angry, she informed him that she received a call from Detective McLaughlin in Keene who told her that he was investigating MacRae for creating pornographic photographs of Keene youths. She gave her brother the number that McLaughlin left, and of course, knowing there was no truth to the claim, the priest called that number.

This was all set up in advance. That particular telephone line into the Keene Police Department was automatically recorded so McLaughlin was not required to obtain a warrant to call and record the priest. A warrant would require evidence, and there was none. This was a fishing expedition. In this telephone call, McLaughlin accused MacRae of taking pornographic photos of 15-year-old Jon Plankey who was later described by McLaughlin as an employee of his in “a family owned business.” It was also later discovered that McLaughlin and Plankey had made similar claims against three others, one of them Timothy Smith, a local Protestant church choir director who was charged and pled guilty.

MacRae vehemently denied the claim. He did not know he was being recorded, but at some point he invited McLaughlin to search his earthly possessions which were still stored in New Hampshire. McLaughlin declined to search anything, but stated that Plankey’s claims would become part of a lawsuit against the Diocese of Manchester. MacRae insisted that no such photographs were ever taken and do not exist. He asked McLaughlin why he isn’t even interested in searching for them. The detective reportedly replied, “Because I know there will be nothing there. You probably gave them to another priest.”

The detective wrote a report about this telephone conversation. It was report file number 89-12196 dated September 19, 1989. In that report, McLaughlin wrote that he recorded the conversation. His report claimed that he and Jon Plankey listened to the tape together, and that “a transcript will be made of this tape.” MacRae states (above) that McLaughlin said, “You probably gave [the photographs] to another priest.” If true, McLaughlin omitted this from his report, but it would have been present on the tape and transcript. So, where are they? And where are the condemning photographs?

Also in that report, McLaughlin wrote that he asked MacRae if he is a “pedophile.” His report claims that MacRae corrected him saying, “the correct term would be ‘hebophile.’” MacRae says he has never even heard of this word. I have found a reference to that word in only two places: McLaughlin’s 1989 report, and a transcript of a 1988 Geraldo Rivera Show faxed to McLaughlin (described below).

Among the many people McLaughlin approached in 1988-1989 looking for someone to accuse MacRae were members of the Grover family. Their mother, Patricia Grover, was then a social worker for the state agency that investigates child abuse cases, a position in which she interfaced often with Detective McLaughlin and with Sylvia Gale, author of the bogus Florida letter. His 1988 report indicated that Mrs. Grover would interview her three adopted sons, Thomas, David, and Jonathan Grover, all in their early twenties. None voiced a complaint about MacRae. Five years later, when the prospect of money loomed, all three changed their minds at the same time. Demonstrating the role that expectations of money played in this case, there is hard evidence that McLaughlin conducted some of his investigation from the office of Attorney Robert Upton, Thomas Grover’s contingency lawyer.

In 1993, as MacRae prepared for trial in the Thomas Grover case, state prosecutors were required to turn over all police reports related to the priest. MacRae was shocked to learn of a vast 72-page 1988 report and the 1989 report of the taped phone call with the “hebophile” claim.

When Thomas Grover accused MacRae five years later in 1993, prosecutors attempted to introduce into the trial the Plankey claim from 1989 as so-called “404-B” evidence of “other bad acts.” The defense filed a motion to obtain the recordings referred to in McLaughlin’s 1989 report. Judge Arthur Brennan ordered the state to turn over all recordings that McLaughlin claimed in reports to have made. McLaughlin wrote in a sworn statement that the tapes were lost due to having been “recycled.” Judge Brennan also ordered him to turn over the transcript of the 1989 recording. McLaughlin claimed that due to a clerical error the transcript was never made. The 1989 tape recorded conversation detailed herein is well documented (see USDC-NM 1504, §§ 28-32).

I can only conclude today that McLaughlin knew the recording contained his comment, “You probably gave [the lewd photos] to another priest,” a statement that would have unmasked a vile prejudice that would have weighed heavily in the trial. So the recordings disappeared. So did the so called “404-B” evidence.

Eleven years after this trial, after claiming repeatedly and under oath that all the tape recordings of MacRae that McLaughlin referenced in his reports were “recycled” and cannot be produced, the detective mailed one of them to Dorothy Rabinowitz at The Wall Street Journal. It contained 45 minutes of Father MacRae sounding bewildered by the lurid accusations aimed at him, and his reference that he should talk to a lawyer, a request McLaughlin claims the priest never made.

This issue of tape recordings is very suspicious and has never been explained. McLaughlin claimed to have taped three phone conversations with MacRae, without his knowledge, and though there was no evidence obtained, McLaughlin attributed remarks to MacRae that the priest says he never made. Then all the tape recordings disappeared. The only witnesses to their existence or content are the detective and the priest. So why do the courts believe one over the other? Further, it seems that it was McLaughlin’s practice to tape record all conversations with accusers, but in this one case he produced not a single tape recording of any interview with the Grover brothers. In every other case of this sort he meticulously created recordings and preserved them as evidence. In some cases, including a claimant against another priest, McLaughlin arranged a polygraph for the accuser. None of this happened in the MacRae case. It should be noted here that MacRae himself underwent two voluntary polygraph examinations and passed them both.

There is more. It seems that the source of the “hebophile” term for which Judge Joseph Laplante dismissed MacRae’s petition may have been McLaughlin himself. Among the discovery obtained from the 1989 report about Jon Plankey’s claims of pornographic photos was a transcript faxed from the Geraldo Rivera Show to the Keene Police Department on November 14, 1988. The pages of the transcript were labeled by prosecutors in the discovery material as E-326 through E-331.

The topic of the “Geraldo” transcript that became part of Detective McLaughlin’s file was “The Church’s Sexual Watergate.” It contains this passage that someone at either Keene Police or the prosecutor’s office underlined and marked with a bold asterisk before sending it in pre-trial discovery in 1994. The transcript has nothing to do with the MacRae case, nor was he ever a part of it. It details a conversation between Geraldo Rivera and “Roland Lewis, Attorney for Church sex abuse victims”:

Geraldo: “Did there come a time, sir, when this priest was recognized to be a pedophile by the church and was taken to St. Luke’s Institute to be treated?”

Mr. Lewis: “They sent him to St. Luke’s Institute. He was kept there 12 weeks. During that time it was determined, according to their medical records, that he was a homosexual. We finally were able to obtain copies of those medical records. We have had them evaluated. They establish without question that he is a pedophile and a hebophile.”

Geraldo: “What’s a hebophile?”

Mr. Lewis: “It’s an abuser of adolescent children.”

Geraldo: “I thought that’s what a pedophile was. Help me.”

Mr. Lewis: “The preadolescent is primarily a pedophile. The adolescent is a hebophile.”

I wrote of this same transcript, and the role it played in the MacRae case, in “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?” It seems that someone has lifted the supposed 1989 telephone conversation between Father MacRae and Detective McLaughlin — mired in suspicions of misconduct over missing tapes and transcripts — implanted it into the unrelated trial involving Thomas Grover, then used it twenty-two years later to deny access to justice in Father MacRae’s appeals. If this is the state of criminal justice, it is only half right. It is criminal. But it isn’t justice.

Saint Thomas More returning the Livery Collar of his office and fealty to King Henry VIII

What Would Saint Thomas More Do?

On September 13, 2012, a full year before MacRae’s habeas corpus petition came before Judge Laplante, the annual “Red Mass” for the legal and law enforcement community took place at Saint Joseph Cathedral up in the Diocese of Manchester, New Hampshire. It was officiated by The Most Reverend Peter A. Libasci, Bishop of Manchester. Following the Mass, Bishop Libasci was a guest of honor as the New Hampshire Catholic Lawyer’s Guild held its annual awards dinner at the Radisson Hotel to honor the 2012 recipient of the St. Thomas More Award.

According to the Catholic Lawyer’s Guild invitation, the award is bestowed upon a Catholic lawyer or judge “who embodies the spirit of St. Thomas More in courage, dedication, integrity, civility, and compassion toward others.”  On September 13, 2012 the St. Thomas More Award was presented by Bishop Libasci and the Catholic Lawyer’s Guild to The Honorable Joseph N. Laplante.

Saint Thomas More would have heard all sides. He would not, as so many have done, simply assume a priest’s guilt. He would not have made comments like “especially a Catholic priest.” He would not have presumed the existence of evidence he had never seen nor heard for himself. He would have gotten to the truth of the matter before tossing the case off his desk. He would not have allowed the continued judicial railroading of an innocent man.

+ + +

ADDENDUM JANUARY 26, 2022:

Police Misconduct: A Crusader Cop Destroys a Catholic Priest

Keene New Hampshire sex crimes detective James McLaughlin developed claims against a Catholic priest while suppressing exculpatory evidence and coercing witnesses.

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For more information on this story, please read these other articles by Ryan A. MacDonald:

The Trial of Father MacRae: A Conspiracy of Fraud

The Prison of Father MacRae: A Conspiracy of Silence

The Post-Trial Extortion of Father Gordon MacRae

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 Post-Trial Extortion of Father Gordon MacRae

Detective James McLaughlin preparing to test a lie.

Some who today cite a coerced post-trial plea deal to evidence Fr Gordon MacRae’s guilt actually had a hand in bringing it about. Plea deals can destroy justice.

My first installment in this series on the story of Father Gordon MacRae was “The Trial of Father MacRae: A Conspiracy of Fraud” posted here in February. I have since learned that after it was published, this blog received a couple of unposted comments that could be construed as death threats. Both were from the same person using fake identities, and contained the same overtly threatening language, “Kill the priest, kill the priest, kill the priest!” They were posted by a man with an IP address in Eastern Massachusetts.

The man who posted them happens to be known to me, but he has been unaware of that fact until now. This man has tried to post other comments using fake names both at Beyond These Stone Walls and other venues when commenters mention this case. He seems to take very personally these efforts to uncover and publish the truth of this matter though he has no direct involvement in this story, and he has never even met Father MacRae. He appears to be highly motivated, however, to bury the truth of this case under the usual toxic rhetoric and hysteria that plague the subject of Catholic priests accused of sexual abuse, and prevent constructive, rational investigation.

Like many members of SNAP, that writer does not post a lot of comments so much as he posts the same comment over and over again in any venue that will accept it. In the case of Father Gordon MacRae, this Toxic Avenger’s favorite comment is that MacRae “has publicly admitted to molesting children!” The claim is by no means new, but like so much of this case it has become part of a public mantra, a snowball that grew ever bigger as it rolled downhill. It is but the latest chapter in this perversion of justice. I want to thank our Massachusetts friend for raising it again and spreading it around until finally I was moved to take it up.

Former Judge Arthur Brennan arrested after accusing Congress of “stealing our freedoms.”

Plea Deals and a Compromised Judge

In her third major article on this story in The Wall Street Journal, “The Trials of Father MacRae,” (May 10, 2013), Dorothy Rabinowitz devoted a few lines to the subject of plea deals offered to the accused priest before and during his trial:

“In mid-trial, the state was moved to offer Father MacRae an enticing plea deal: one to three years for an admission of guilt. The priest refused it, as he had turned down two previous offers, insisting on his innocence.”

— The Trials of Father MacRae by Dorothy Rabinowitz

The previous offers were put into writing in the prosecutor’s pre-trial letters to MacRae’s attorney. In the pre-trial media coverage, state prosecutors trumpeted the multiple accusers — there were four, three of them brothers in the same family — and multiple indictments against this priest, all claims that arose at the same time from over a decade earlier. I described these claims in a post aptly titled, “In Fr Gordon MacRae Case, Whack-A-Mole Justice Holds Court.”

While publicly presenting the priest as a monster in the local New Hampshire news media, state prosecutors moved quietly behind the scenes to offer MacRae a deal to plead guilty and then get on with his life in just one year. Defense lawyers talked up the deal. It would save lots of time and money, and might even save Father MacRae who, it seemed to them, did not actually do any of this. The priest refused it twice before trial and again in the middle of trial just after Thomas Grover’s incredible testimony.

In my article that began this series, “The Trial of Father MacRae: A Conspiracy of Fraud,” I described Thomas Grover’s testimony at trial — testimony that was heavily coached to the point of witness tampering. Pauline Goupil, a psychotherapist retained at the behest of Grover’s contingency lawyer, was observed coaching Grover’s testimony with what appeared to be prearranged signals to cry when tough questions were asked. Her scant “treatment” file contained a copy of a pre-trial letter from Ms. Goupil to Grover never seen by the jury:

“Jim [that’s Keene, NH detective James McLaughlin] told me MacRae is being offered a deal his lawyers will want him to take. So there won’t be a trial. We can just move on to the settlement.”

— Excerpt of letter from Ms. Goupil to Thomas Grover

There seemed to be a sort of bewilderment among prosecutors as to why the priest would not accept their deal. During a short recess, prosecutors pulled defense Attorney Ron Koch aside, then he in turn pulled his client into a hallway.

“They want to know why we won’t take their deal,” he told Father MacRae. “They want us to make a counter offer. They want this conviction. They don’t necessarily want you,” the lawyer said. MacRae says, today, that he just couldn’t go along, that it was never a matter of “throwing his life away” as his lawyers described his insistence on a trial. It was the fact that avoiding trial by taking a plea deal meant that none of the details of this case would ever come out. He would just be another guilty priest who vaguely assaulted claimants who were then given huge settlements by the Catholic Church. It was the story widely told up to then, and since then, but in this case it was not the truth.

When MacRae refused that third plea deal offer following Thomas Grover’s testimony, however, the tone of this trial changed. On cross examination, Attorney Koch asked Grover a simple question: “Who did you go to first with this story, the police, or a lawyer?” As he did so often in this trial when cornered with a question that might unmask him, 27-year-old Thomas Grover (of whom Judge Brennan referred throughout trial as “the victim”) looked alarmed, rattled on incoherently, meandered down meaningless, unresponsive side roads, then looked to Ms. Pauline Goupil for the signal that it was time to start crying. In a related article, “Psychotherapists Helped Send an Innocent Priest to Prison,” I wrote the story behind Grover’s sobbing performance on the witness stand.

The question of who Thomas Grover went to first with his story — the police or his contingency lawyer — went to the very heart of this case and the motive for bringing it: an expectation of a financial settlement from the Diocese of Manchester. To date, the question of who he went to first has never been answered.

The next morning in that courtroom, Judge Arthur Brennan took it upon himself to remedy the situation. Outside the presence of the jury, he instructed all present that he had given Thomas Grover a limiting order barring him from any testimony about the simultaneous claims of abuse brought by two of his brothers, one two years older and one a year younger. Judge Brennan’s remedy was to summon the jury and instruct them — with no explanation whatsoever — that they are to disregard inconsistencies in Thomas Grover’s testimony. As Dorothy Rabinowitz wrote, that jury “had much to disregard.”

Then, when an opportunity approached for the accused priest to take the stand in his own defense, Judge Brennan once again dismissed the jury and addressed the priest directly. He said that if MacRae chooses to testify in his own defense, he will almost certainly open the door to permit the claims of Thomas Grover’s brothers to come before the jury, and thereby become — as bizarre as their stories were — corroborating witnesses for each other. In other words, one lie standing alone has a chance to be undone. Three lies standing together left the defense defenseless. So, in the entirety of this trial and sentencing, Father Gordon MacRae was never permitted to utter a single word.

I covered the story of these additional claims in “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?”

This is the office at St. Bernard’s Church in Keene, NH. Thomas Grover claims to have been raped there five times at age 15 in 1983. A chess set that he claimed to be in the office was not given to MacRae until three years later.

The Marble Chess Set

On direct and on cross examination, Thomas Grover testified that during the 1983 sexual assaults he endured in Father MacRae’s rectory office, Grover saw a large elaborate marble chess set on a table in that office. I described this office, including a set of exterior photographs, in a post on my own blog entitled “Justice and a Priest’s Right of Defense in the Diocese of Manchester.” I am convinced that there are people from Keene, NH who read that — Father MacRae’s jurors, perhaps, and others who know the truth of this story — but they stay in the shadows.

At the trial, Father “Moe” Rochefort testified that he and MacRae and three other friends purchased that marble chess set during a hiking and camping vacation in Bar Harbor, Maine in 1986. So it was not possible that Grover saw that chess set in 1983. Today, Thomas Grover’s ex-wife, Trina Ghedoni, reports that Grover admitted to her at the time that he committed perjury in his testimony about the chess set, “but it was what they wanted him to say.” When asked who “they” referred to, Ms. Ghedoni replied, “Pauline Goupil and Detective [James] McLaughlin.”

Late in the last full day of the trial, Defense lawyer Ron Koch, now deceased, delivered his closing argument to the jury and then left the court to fly off for a murder trial. He was not present in the courtroom when Prosecutor Bruce Reynolds told the MacRae jury that “some people in this court said MacRae was a nice guy. People said that of Hitler too.”

The trial ended and the jury began deliberations late in the afternoon of Thursday, September 22, 1994. Presumably, that first hour was used to select a jury foreman, then they all went home. The next day, Friday, September 23, 1994, the jury returned at 9:30 AM to ask a question of Judge Brennan. They wanted to see a transcript of Father Rochefort’s testimony about the marble chess set. Judge Brennan denied the jury request, telling them that they must rely solely on their memories of that testimony.

One hour later, MacRae was summoned back into the courtroom. The jury had reached a verdict in spite of their unanswered question. MacRae stood to hear the twelve jurors’ finding of “guilty.” He says, today, that not one would look at him directly. They looked only at Judge Brennan.

The Sentence and the Extortion

Knowing about the proffered and refused plea deals — or at least having no excuse NOT to know of them — Judge Arthur Brennan would eventually sentence Gordon MacRae to more than thirty times the minimum sentence of one year which the State was willing to recommend had MacRae allowed the entire case to be piled into one convenient plea deal. I wrote about the refused deal of one to three years and the imposed term of 67 years in “Judge Arthur Brennan Sentenced Fr Gordon MacRae to Die in Prison.”

That article raised an important question about justice. How is it that the man who stood before Judge Brennan was more of a monster for maintaining his innocence and preserving his rights than he was had he admitted guilt? If MacRae had in fact been guilty, and therefore willing to say as much, he would have left prison over 25 years ago.

When this trial was over, Father MacRae was taken immediately to a jail cell to await Judge Brennan’s sentence. Defense lawyer Ron Koch resigned from the case telling the priest via telephone that the verdict “did not reflect anything that took place in that courtroom.”

In “The Prison of Father MacRae: A Conspiracy of Silence,” my second installment in this series, I wrote that MacRae took and passed a set of polygraph examinations in the claims brought by Thomas Grover and his brothers, Jonathan Grover and David Grover. None of the three have ever agreed to submit to polygraphs. I wrote that a defense decision to reveal MacRae’s polygraph results to the Diocese of Manchester before trial was disastrous.

The result was a glaring, highly prejudicial, and explosive pre-trial press release that publicly declared Father MacRae to be guilty before jury selection in his trial. The Bishop of Manchester’s press release so prejudiced this case that it was a major factor in defense attorney Ron Koch’s decision to resign.

Attorney Koch was simply bewildered at the willingness of Church officials to enter into settlement negotiations with accusers regardless of the truth, regardless of the guilt or innocence of the accused. Dorothy Rabinowitz put it somewhat more delicately, “Diocesan officials had evidently found it inconvenient to dally while due process took its course.”

This appears to be what The Rev. Richard John Neuhaus meant in “A Kafkaesque Tale” when he wrote that the MacRae case “reflects a Church and a justice system that seem indifferent to justice.” Exiting the case, Attorney Koch told the convicted and jailed priest that subsequent trials would have to be turned over to a public defender, and that MacRae had no hope of prevailing. None. Zero. He warned the priest that there was hope of overturning the Thomas Grover case on appeal, but that he could not possibly hope to ever leave prison if he is convicted in another trial of claims brought by Thomas Grover’s brothers and then two others who jumped aboard. (That’s a whole other story, and it’s coming!)

The Negotiated Lie

State prosecutors knew all this, but those behind this case also knew that certain facts in the background risked also becoming public in future trials. So a new deal was set forth. The priest, still awaiting Judge Brennan’s sentence in the Thomas Grover trial, was offered a sentence of zero years in prison if he would forego additional trials and plead guilty to only the remaining charges. The details of those remaining charges are laid out in an article of mine entitled, “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?”

It’s cheap and easy to say today that Father MacRae should not have accepted this deal, but that does not capture the reality of it. Everyone around him at the time told him that he had no choice. The State’s prosecutorial machine and the Diocese of Manchester’s press release combined to utterly destroy this man, his due process rights, and his freedom. Under their combined, unbearable weight — alone, impoverished by the previous trial, abandoned by his legal counsel, vilified by his own bishop and diocese, siting in jail awaiting sentence — Gordon MacRae was undone as this final negotiated lie was thrust upon him. There were many owners of this lie. It was not MacRae’s alone.

Seventeen years later, Joan Frawley Desmond, Senior Editor at the National Catholic Register newspaper, took on a subject anathema to most in the secular and Catholic press: the idea that some accused priests might be innocent. In “Priests in Limbo,” the second of a two-part article in the NC Register (Feb. 17, 2011) Joan Frawley Desmond wrote of the story of Father Gordon MacRae:

“The Diocese of Manchester doesn’t share [Ms.] Rabinowitz’s belief in the priest’s innocence. ‘Father MacRae pleaded guilty to felonious sexual assault,’ stated diocesan spokesman Kevin Donovan.

“Rabinowitz offered an exculpatory back story to Father MacRae’s post-trial plea … . Donovan also would not address Rabinowitz’s charge that the Manchester Diocese issued a pre-trial statement that lent credence to the abuse allegations.”

— Joan Frawley Desmond, NC Register

That officials of the Diocese of Manchester would today cite as evidence of guilt the very scenario that they themselves had a hand in creating is one of the bombshells yet to be fully defused in this case. Those very words, that MacRae “admitted” to some charges, were packaged by Monsignor Edward Arsenault — himself sent to prison after taking a plea deal — and sent to Rome in an effort to have MacRae forcibly dismissed from the priesthood, an effort that, thankfully, has not succeeded.

Such perversions of justice are by no means limited to this one case. The Innocence Project reveals that of the more than 800 proven wrongful convictions in the United States in recent years, a full twenty-five percent had buckled under coerced pre-trial plea deals. Ninety-five percent of criminal cases are resolved through plea bargaining, and it is no measure of justice.

I am far more persuaded by the sworn statement of career FBI Special Agent Supervisor, James Abbott, who concluded,

“During the entirety of my three-year investigation of this matter, I discovered no evidence of MacRae having committed the crimes charged, or any crimes. Indeed, the only 'evidence' was the claims of Thomas Grover which others today, including members of his family, have discredited.”

— FBI Special Agent Supervisor, James Abbot

If you ever again read somewhere that Father Gordon MacRae “admitted guilt,” please set the record straight and leave a link to this post. He didn’t. Not by any standard of truth and justice I know of.

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Editor’s Note: Thank you for reading and sharing this post. You may also like this related post from Brian Fraga at the National Catholic Register :

New Hampshire Priest Continues the Long Road to Clear His Name

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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