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

Silencing truth is never in service to the Church. No priest should ever have been sacrificed on the altars of tort lawyers, insurers, or a predatory news media.

(Pictured above: The Chancery Office of the Roman Catholic Diocese of Manchester, New Hampshire.)

November 10, 2021

Editor’s Note: The following is Part 1 of a two-part post by Father George David Byers, SSL, STD, parish priest, chaplain to law enforcement, an accomplished theologian, and a Missionary of Mercy appointed by Pope Francis for the Year of Mercy, a position extended by the Holy Father to the present day. Father Byers writes of how a code of silence has inhibited justice in the case of Fr. Gordon MacRae.

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This post has spent a long time being written. I first wrote it, or rather one quite like it, a decade ago for my now retired blog, Holy Souls Hermitage. Its purpose now is to bring the abuse crisis full circle. It is about an ongoing abuse of power in the Church. It is about the replacement of one abuse with another.

The same abuse of power in which youngsters were abused is the same abuse of power in which guilty priests were moved from parish to parish with omertà, that evil code of silence. It is also the same abuse of power which, when caught out today, will feign heroism by throwing merely accused priests out of the priesthood or into prison with no presumption of actual innocence. It is the same abuse of power which will cover up actual innocence for the sake of self-referential self-congratulations, ad infinitum.

It is this self-referential element in the Church that Pope Francis once said he wants to bring to its knees in repentance and conversion to our Lord Jesus Christ. Just because actual cases of contemporary sexual abuse have wound down to zero, as they have today, does not necessarily mean that anything has changed. Until the abuse of power changes, it is all the same. It is manifested in omertà.

Omertà is a mafioso term with its origin in 13th Century Sicily. It refers to a code of silence practiced by the mafia, a highly organized crime syndicate with a strong hierarchy. In the 18th and 19th centuries, it spread to the United States. Of interest, the original meaning of omertà was connected to “humility.” To practice a code of silence required the humility to set aside one’s own truth in deference to the organization’s preferred or demanded truth. It has no place in a Catholic setting.

The Late John Brendan McCormack

Four years after Father Gordon MacRae was convicted in a sham trial and sent to prison, Auxiliary Bishop John Brendan McCormack of the Archdiocese of Boston was appointed by His Holiness Pope Benedict XVI to serve as Bishop of Manchester, New Hampshire. Complicating this story somewhat, Bishop McCormack passed away in a Manchester, New Hampshire Catholic nursing home just weeks before I began to write this article. From his prison cell, Father Gordon offered Mass for him. Father Gordon had some concern about the timing of this post, but the truth has its own life and must not be buried with anyone.

Bishop McCormack became a part of the code of silence practiced in his new diocese, but there were signs that he may not have been an entirely willing one, at least, not at first. Back in Boston, Bishop McCormack had been instrumental in seeking the administrative laicization of Boston priest and notorious abuser, Father John Geoghan. Later, Geoghan was brutally murdered in prison, in part due to the publicity that his dismissal from the clerical state brought about.

In 1998, at the time of Bishop McCormack’s appointment as Bishop of Manchester, he received a letter from Mr. Leo Demers, a senior official from WGBH-TV in Boston, a flagship production house for PBS public television. Mr. Demers revealed that he was present for much of the 1994 trial of Father Gordon MacRae. He expressed concern that this was not a fair trial and any dismissal from the priesthood could not justly be based upon its outcome.

Bishop McCormack responded that he was unfamiliar with the case, but is aware of no plan in the diocese to seek Father MacRae’s dismissal. He pledged to begin an investigation of the matter to determine what, if anything, he could do. There were also some media rumblings at the time. An organization known as the National Justice Committee worked with FOX News to review Father MacRae’s trial, but prison officials blocked these contacts. A Fox News representative appealed to then Governor Jeanne Shaheen, now U.S. Senator Jeanne Shaheen (D-NH) who responded:

“I understand your organization’s interest in the matter of Gordon MacRae, now an inmate in the NH prison, but I will not interfere with the decision not to allow media access to Mr. MacRae.”

— 1999 letter of Gov. Shaheen

The Wall Street Journal

It is likely that a file on the case was then sent from FOX News to The Wall Street Journal. Later in 1999, a correspondence ensued between Father MacRae and Dorothy Rabinowitz, a Pulitzer Prize-winning writer on the WSJ Editorial Board who opened an inquiry on the case. The Diocese of Manchester suddenly became much more interested in the fate of Father MacRae. Then, in 2000, Bishop McCormack was approached by New Hampshire attorney Eileen Nevins who also had been present throughout the MacRae trial. Ms. Nevins later produced the following sworn affidavit:

Affidavit of Eileen Nevins, Esq:

1. “My name is Eileen A. Nevins and I am an attorney licensed to practice in the State of New Hampshire and the Commonwealth of Massachusetts.

2. I met Reverend Gordon MacRae in the early 1980s when he was an associate priest assigned to Our Lady of the Miraculous Medal Parish in Hampton, New Hampshire.

3. On or about 1994, while still a law student, I became aware of charges of sexual misconduct filed against Gordon MacRae. I contacted his . . . attorney, Ron Koch, to offer my assistance in doing any legal research that may assist Father MacRae in New Hampshire.

4. Upon acting in a clerk capacity for Attorney Koch I became firmly convinced that the charges against Father MacRae were false and brought for financial gain.

5. I believe now as I believed during his trial that the charges against him are false and have assisted him however possible in obtaining further legal assistance to address the wrong against him. My belief is based on personal knowledge of the case against Father MacRae acquired during the investigation prior to his trial and my ongoing pursuit and review of the investigation into his situation subsequent to his trial and incarceration.

6. In June of 2000, I met with New Hampshire Bishop McCormack at the Diocesan office in Manchester, New Hampshire to discuss the possibility of the Diocese offering some financial assistance to obtain an appellate relief.

7. 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 and that Bishop McCormack would consider offering some financial aid to assist with a legal defense.

8. In follow-up correspondence with the Bishop, I stated that it was my understanding that the Diocese would now consider financial aid to retain an attorney to assist in [Fr.] Gordon’s appeal.

9. I had been working with Dorothy Rabinowitz of The Wall Street Journal and she recommended Attorney Robert Rosenthal to assist with the appeal.

10. Due to the unforeseen events of clergy abuse scandals in Massachusetts and New Hampshire, the Bishop subsequently failed to act on his offer of assistance. It is my understanding that Bishop McCormack has transmitted Father MacRae’s case to the Vatican for disposition.”

Signed and sworn by Eileen A. Nevins, Esq. 18 October 2005.

Falling Towers and Fallen Hope

Father MacRae knew nothing about the above affidavit or the meetings it described until years after it was issued in 2005. In the interim, there were many setbacks and disappointments. After two years of gathering evidence from prison and submitting reams of documentation to The Wall Street Journal, the imprisoned priest learned that all had been destroyed along with The Wall Street Journal offices in the terrorist attacks of September 11, 2001.

He would have to start over, and he was not certain that he could. Meanwhile, a series of correspondence began between Father MacRae, Bishop John McCormack, and the Diocesan Moderator of the Curia and Delegate for Ministerial Conduct, Father Edward J. Arsenault.

Without ever telling Father MacRae of his stated belief in his innocence, Bishop McCormack and Father Arsenault appeared to make their offer of legal assistance contingent upon the priest’s assent to curtail his contacts with Dorothy Rabinowitz and The Wall Street Journal. This effort to sever any media contact was clear in a series of confidential memos between the Bishop and Father Arsenault. These memos were later released as part of an Attorney General grand jury report in the diocese in 2003. (In 2019, Father MacRae described this report and its consequences in “Grand Jury, St. Paul’s School, and the Diocese of Manchester.”)

The internal memos and the Bishop’s correspondence also set other conditions. Father MacRae was asked to agree to allow the Diocese to choose his legal counsel. He also had to agree that he would appeal only his sentence and not his convictions. Father MacRae refused these conditions, and then the matter went silent. The account of what transpired at this time was stunning. It was revealed by Ryan A. MacDonald in “The Prison of Father MacRae: A Conspiracy of Silence.” It was a classic example of omertà.

However, Attorney Nevins was not the only one with an affidavit. Enter Leo Demers, the PBS executive who earlier wrote to Bishop McCormack in 1998 with a concern about the fairness of Father MacRae’s trial. He, too, was summoned to a meeting with Bishop McCormack in 2000, six months after the Bishop’s meeting with Attorney Eileen Nevins. At the time, Mr. Demers was Director of Engineering for WGBH-TV in Boston which produced, among other PBS programming, the award-winning investigative journalism program, Frontline. This affidavit and the dialogue that follows is an eye-opener:

Affidavit of Leo P. Demers, Jr.

“The purpose of this affidavit at this time is to convey the context and substance of a meeting by me with Bishop John McCormack during which he expressed his belief in the innocence of the charges against Fr. Gordon MacRae that led to his conviction and subsequent imprisonment for the past twelve years.

1. My name is Leo P. Demers, Jr. and I have been a broadcast engineer in New England since 1962. I am a practicing Catholic.

2. I first met Reverend Gordon MacRae in the late 1970’s or early 1980’s when he was a Franciscan Friar in Novitiate training at the former St. Anthony’s Capuchin Friary in Hudson, New Hampshire.

3. During 1994, I visited Father MacRae in New Mexico where he was working in ministry. At that time Father MacRae informed me that criminal charges of sexual misconduct with a minor had been filed against him in New Hampshire.

4. I believe now, as I testified under oath during the sentencing phase of his trial in Keene, New Hampshire, that the charges against him are false.

5. During October 2000, I met with Bishop John McCormack at the Diocesan office in Manchester, New Hampshire. At the time, my employer, the WGBH Educational Foundation, wanted to produce a segment of Frontline. This production would have resulted in a national story about Father MacRae. Auxiliary Bishop Francis Christian arranged the meeting with Bishop McCormack.

6. I had contacted assistant Bishop Francis Christian from my office at WGBH to inquire about the story because he was the only person 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 with Bishop McCormack.

7. The 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.’

8. I have recently learned that Bishop McCormack submitted an expert report to Rome. This report purportedly concludes that Father MacRae’s trial was fair and his sentence just. Further, this report avers that no avenue of appeal is available to Father MacRae. Since I have been in contact with various professionals representing Father MacRae, who are actively involved in investigating his case and prosecuting an appeal, I believe any expert opinion submitted by the Diocese of Manchester to be subject to challenge and serious defect.

9. I am motivated to submit this affidavit, obviously in disregard of any confidentiality requested by Bishop McCormack, because I cannot accept the inconsistency between Bishop McCormack’s statements to me regarding Father MacRae’s innocence and his submission of an expert report to the contrary that is in clear opposition to his stated belief.”

Signed and sworn by Leo P. Demers, 13 February 2005.

Those with Ears to Hear but Hear Not (Ezekiel 12:2)

Anyone familiar with all that remained hidden in this story might readily understand the hesitance of Auxiliary Bishop Francis Christian to be involved in that meeting with Leo Demers. It was Bishop Christian who penned a pre-trial press release of the Diocese which had the effect of stacking the jury against Father Gordon:

“The Church has also been a victim of the actions of Gordon MacRae just as these individuals have been. It is clear that he will never again function as a priest.”

Editing out any mention of mere allegations serves to mask the complete lack of any evidence behind this case. This point was made in yet another affidavit, that of FBI Special Agent Supervisor James Abbott, now retired. He had one of the more spectacular FBI careers in the Bureau’s history. David F. Pierre, Jr., Moderator of The Media Report, performed a public service when he analyzed and summarized the vast documentation on this case available at the website of the National Center for Reason and Justice. David F. Pierre’s summary is available at The Media Report under the title, “Alarming New Evidence May Exonerate Imprisoned Priest.” Among that evidence is an affidavit of Special Agent James Abbott who concluded:

“In the entirety of my three-year investigation of this matter, I found no evidence that MacRae committed these crimes or any crimes. Indeed, the only ‘evidence’ was [Thomas] Grover’s stories that have since been undermined by his family and others who surrounded him at the time he made his claims.”

There is a very necessary Part 2 to this post that will hopefully be forthcoming soon. There is much more to this story, and to the practice of omertà that fueled it. Fortunately — or perhaps not so much for those bent on blindly assuming this priest’s guilt — the Holy See has not seen fit to remove him from priesthood. At one point, officials there asked for copies of the affidavits contained herein. That speaks well of them. Perhaps omertà is not as widespread as some believe.

There has nonetheless been a grave injustice here. Whatever one might conclude about the case against Father Gordon MacRae, he has never been allowed a defense — not in his trial, not in any appeals, and not at all before the one person charged with the defense of truth: his bishop. Bishop John McCormack retired and now has passed away. Father Edward Arsenault became Monsignor Edward Arsenault, then went to prison for financial misdeeds. Now he has a new life and a new name, Edward J. Bolognini.

In 2011, Bishop Peter A. Libasci became Bishop of Manchester. Whatever story he might have inherited about this matter, he has never allowed himself to hear a single word from the imprisoned Father Gordon MacRae speaking in his own defense. Whether he has reviewed any of the vast evidence of fraud in this case is entirely unknown, but that would require an open mind.

In July, 2021, Bishop Libasci was himself accused of sexual abuse stemming from his ministry as a priest in the Diocese of Rockville Center, New York in 1983, the same year as the accusations against Father MacRae. Ironically, from his prison cell, Father MacRae has presented a spirited and rational defense, linked below, for why the case against his bishop is not “credible” at all.

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Editor’s Note: Next at Beyond These Stone Walls Father George David Byers will present Part 2 of this article. Father George David Byers holds a Licentiate in Sacred Scripture from the Pontifical Biblical Institute in Jerusalem and Rome, and a Doctor of Sacred Theology degree from the Pontifical University of St. Thomas Aquinas in Rome.

Please share this post. You may also wish to read the following:

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

The Trials of Father MacRae by Dorothy Rabinowitz, WSJ

The Prison of Father MacRae: A Conspiracy of Silence

Convicted for Cash: An American Grand Scam

Fr Gordon MacRae in the Prison Journal of George Cardinal Pell

Shunned by some Catholic media, wrongly imprisoned Fr Gordon MacRae appears prominently in the Prison Journal of Cardinal George Pell published by Ignatius Press.

Editor’s Note: The following is a guest post by Ryan A. MacDonald author of “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?”

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October 13, 2021

I was incensed recently to learn of the treatment one of Fr Gordon MacRae’s most important recent posts received from a purportedly Catholic online venue. His eye-opening post, “A Catholic Priest 27 Years Wrongly in Prison in America,” was typed, as he described it, “ten minutes at a time here and there” on whatever typewriter wasn’t already in use in the prison library where he works. He had to type half on one machine and the rest on another. He finished it seconds before a deadline for getting it into the mail on time.

And it was a blockbuster, shared to date about 5,000 times on Facebook alone. Some 800 members of Linkedin read it. Over the next week, thousands came to it from around the Globe, including many thousands in the United States. Many who read that post learned of Father G for the first time and were aghast at the story it told.

Then the heavy hammer of jaundiced Catholic judgment fell. With the help of a friend outside, that post was shared at the r/Catholicism community at Reddit which boasts some 129,000 members. A multitude of positive comments poured in, and then suddenly stopped. On September 28, Father MacRae received this message read to him in prison from his Gmail inbox. It was from the unnamed r/Catholicism moderator at Reddit:

“You are permanently banned from participating in r/Catholicism. You can still view and subscribe, but you won’t be allowed to post or comment. Due to the nature of your participation, we cannot permit you to continue participating in the r/Catholicism community.”

This suppression of a much respected voice in the public square is shameful and merciless. I cannot see any difference between this and recent decisions at Twitter, Facebook, and Amazon to cancel voices that do not stick to an established media narrative. The fact that this suppression was done in the name of a self-described Catholic community is an outrage, especially given the conditions under which this priest has to write.

Fr Stuart MacDonald, JCL, the Canon Law advisor for Beyond These Stone Walls, attempted to engage the r/Catholicism moderator with a statement that, despite his imprisonment, Fr MacRae is quite widely considered to be innocent of his charges, has not been dismissed from the clerical state, and has earned the respect of thousands of Catholics including priests and bishops.

Father MacDonald’s intervention was simply ignored.

The Prison Journal of George Cardinal Pell

Now contrast this treatment with that from another prominent Catholic voice in the public square, that of Cardinal George Pell. Formerly the Cardinal Archbishop of Sydney, Australia, Cardinal Pell had been appointed by Pope Francis to serve as Prefect of the Secretariat for the Economy of the Holy See and the Vatican Council of Cardinals, a body of eight close advisors to the pope.

Then, like Father MacRae, Cardinal Pell was tragically accused of “historic” sexual abuse alleged to have occurred decades earlier in Australia. Also like Father MacRae, he was convicted in a sham trial without evidence despite a multitude of inconsistency and fraud surrounding his trial. This, too, was a case shamelessly tried in the media before it ever got to a court of law. The 78-year-old prelate was convicted and sentenced to six years in prison on March 13, 2019. It was, as was the Father MacRae trial, a case of prosecutorial “Trophy Justice.”

On November 3, 1170, King Henry II raged in public against Thomas Becket, Archbishop of Canterbury. The latter had rightly challenged the King’s claim to ultimate authority over Catholic affairs and the discipline of priests. When the King asked aloud, “Will no one rid me of this turbulent priest?” four of his guards took it upon themselves to murder Becket during Mass in the Canterbury Cathedral.

Not that much has changed in a thousand years. Unlike most other Catholic journalists, I am no longer going to make any reference to the “abuse crisis” in the Church. It is now the “accuse crisis” in the Church. Any priest can be “gotten rid of” by a mere accusation of uncorroborated sexual impropriety dating back decades. It is, as Father MacRae described in a stand-out article at Linkedin, “A Weapon of Mass Destruction: Catholic Priests Falsely Accused.”

Many thinking people long suspected, and now know without a doubt, that Cardinal George Pell was entirely innocent of the claims against him. Following a first failed appeal, he served 13 months in the harshness of prison in solitary confinement before sanity returned to Australian justice. Finally, in a unanimous 7-to-0 decision, he was exonerated by the Australian High Court. The victory was not just his alone, but that of the entire Church too long held hostage by the “accuse crisis.”

During his time in prison, Cardinal Pell kept a journal that today has been hailed as a masterpiece of prison writing in the ranks of Saint Paul of Tarsus, Dietrich Bonhoeffer, Father Walter Ciszek, and Saint Thomas More. Archbishop Charles Chaput described the Pell journal with clarity:

“Two lessons emerge from this astonishing work. The first is the length to which a hate-filled judicial process will go against an innocent man. The second is the power of a good man’s endurance in the face of humiliation and poisonous deceit.”

— Archbishop Charles Chaput

Echoing that long before even hearing it, Father MacRae wrote from his own prison cell his first of several articles about this story in defense of Cardinal Pell. He said he wonders today if Cardinal Pell was even aware of his first post about the state of Australian justice: “Cardinal George Pell Is on Trial and So Is Australia.”

Today back in Rome, Cardinal Pell might understandably have every reason to want to distance himself from the grave injustice that befell him, and from the “accuse crisis” in the Church that ensnared him and paved the way for his wrongful conviction. In this, he was not alone. I don’t think there was anyone, except perhaps the Cardinal himself, who pondered and prayed over this injustice more than the wrongly imprisoned Fr Gordon MacRae. So what a shock it was to him when he learned that while in prison Cardinal George Pell had pondered his plight as well.

The following is an excerpt from Prison Journal Volume 2 by George Cardinal Pell (Ignatius Press, 2021):

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From the prison cell of Cardinal Pell - Friday, 2 August 2019:

“By a coincidence, today I received from Sheryl [Collmer], a regular correspondent from Texas, a copy of the 15 May 2019 post on the blog These Stone Walls written by Fr Gordon MacRae. The article was entitled, “Was Cardinal George Pell Convicted on Copycat Testimony?” Fr MacRae was convicted on 23 September 1994 of paedophilia and sentenced to sixty-seven years in a New Hampshire prison for crimes allegedly committed around fifteen to twenty years previously. The allegations had no supporting evidence and no corroboration.

“It is one thing to be jailed for five months. It would be quite another step up, which I would not relish, to spend another three years if my appeal were unsuccessful. But we enter another world with a life sentence. Australia is not New Hampshire, and I don’t believe all the Australian media would blackball the discussion of a case such as MacRae’s.

“The late Cardinal Avery Dulles, SJ, whom I admired personally and as a theologian, encouraged Fr MacRae to continue writing from jail, stating, ‘Someday your story and that of your fellow sufferers will come to light and be instrumental in a reform.’ Fr MacRae recounts the extraordinary similarities between the accusations I faced and the accusations of Billy Doe in Philadelphia, which were published in Australia in 2011 in the magazine, Rolling Stone. Earlier this year, Keith Windschuttle, editor of the quality journal, Quadrant, publicized the seven points of similarity, pointing out that ‘there are far too many similarities in the stories for them to be explained by coincidence.’ [See Keith Windshuttle, ‘The Borrowed Testimony that Convicted George Pell.’ Quadrant, 8 April 2019].

"The author of the 2011 Rolling Stone article was Sabrina Rubin Erdely, no longer a journalist, disgraced and discredited. In 2014 she had written, and provoked a storm which reached Obama’s White House, about ‘Jackie’ at the University of Virginia, who claimed she was gang-raped at a fraternity party in 2012 by seven men. As MacRae points out, ‘The story was accepted as gospel truth once it appeared in print.’ [Note: Rolling Stone later retracted the article in April, 2015]. Jackie’s account turned out to be a massive lie. A civil trial for defamation followed; the seven students were awarded $7.5 million in damages by the jury; and Rolling Stone was found guilty of negligence and defamation.

“The allegations behind the 2011 Rolling Stone article, published in Australia, have also been demolished as false by, among others, Ralph Cipriano’s ‘The Legacy of Billy Doe’ published in the Catalyst of the Catholic League in January-February 2019.

“No one realized in 2015, when the allegations against me were first made to police, that the model for copycat allegations, or the innocent basis for the remarkable similarities, was also a fantasy or a fiction.

“I am grateful to Fr MacRae for taking up my cause, as I am to many others. These include in North America George Weigel and Fr Raymond de Souza and here in Australia Andrew Bolt, Miranda Devine, Gerard Henderson, Fr Frank Brennan, and others behind the scenes.

“I will conclude, not with a prayer, but with Fr MacRae’s opening quotation from Baron de Montesquieu (1742) [from BTSW ‘About’],

‘There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice.’”

— George Cardinal Pell, Prison Journal Volume 2, p. 58-60

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Editor’s Note: Please share this important post from Ryan A. MacDonald. After the harsh condemnation Fr MacRae received from rCatholicism at Reddit, he and we were grateful to learn that a recent article from Beyond These Stone Walls received a commendation in the October 2021 issue of Catalyst, the Journal of the Catholic League for Religious and Civil Rights. The citation was for “exposing with clarity the double standard applied when priests are accused.” The article receiving the citation was: Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo

You may also like these other posts from 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

You may also wish to see our new feature on the BTSW Menu: Voices from Beyond.

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Note from Father Gordon MacRae: Readers may recall that Father Stuart A. MacDonald, JCL, is the volunteer Canon Law advisor for Beyond These Stone Walls. He was also the subject of a post in July, 2021 entitled “Fr Stuart MacDonald and Our Tabloid Frenzy about Fallen Priests.” Father Stuart has since received the approval of his bishop to commence a doctoral degree program in Canon Law. We want to congratulate Father Stuart in this important development and the recognition of his expertise for which we hope to soon be a beneficiary. Please keep Father Stuart in prayer as he pursues this exhaustive program in addition to his parochial ministry.

A Catholic Priest 27 Years Wrongly in Prison in America

Father MacRae being led to prison, September 23, 1994

On the Feast of St Padre Pio, Fr Gordon MacRae marks 27 years of wrongful imprisonment amassing tools for coping mentally and spiritually with life’s unjust wounds.

September 22, 2021

Note from the Editor: The title for this post was inspired by a 2019 article at LinkedIn by Fr. James Valladares, Ph.D. entitled, “A Catholic Priest 25 Years Wrongly in Prison in America.” It was written by Father Valladares from excerpts of his acclaimed book on priesthood cited below. Still in prison two years later, this version is written entirely from the perspective of Fr. Gordon MacRae as his 27th year in prison comes to an end.

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Wounds from the Church

As most readers know, I was convicted and sent to prison on September 23, 1994, the same day the Church honors Padre Pio, a great saint whose shrine at San Giovanni Rotondo is the most visited Catholic shrine in the world. Padre Pio was canonized by another saint, Pope John Paul II, on June 16, 2002 at the height of the Catholic sex abuse scandal as it emerged out of Boston and spread like a virus.

For fifty years, Padre Pio bore the visible wounds of Christ on his body. He also bore the less visible wounds of slander and false witness inflicted from inside the Church. On several occasions in his life, his priestly ministry was suspended because lurid and ludicrous accusations were hurled at him from unscrupulous critics, many of whom were Church personnel. It was because of this, and some uncanny threads of connection, that Padre Pio entered our lives and became a Patron Saint of Beyond These Stone Walls. This is an account last told in 2020 in “Padre Pio: Witness for the Defense of Wounded Souls.”

In 2012, Australian Catholic priest, psychologist, and author, Fr. James Valladares, Ph.D., published a widely acclaimed book, “Hope Springs Eternal in the Priest1y Breast” (iUniverse). It cites a good deal of my own writing on the subjects of sacrifice, suffering, and priesthood. I am not at all worthy of this citation that appears on his "Acknowledgments" page:

“Fr. Gordon MacRae — an extraordinarily heroic priest with indomitable courage, unrelenting tenacity, unwavering patience, and Christ-like magnanimity who personally reflects what Pope Benedict XVI confessed: ‘All of us [priests] are suffering as a result of the sins of our confreres who betrayed a sacred trust or failed to deal justly and responsibly with allegations of abuse.’”

— Hope Springs Eternal in the Priest1y Breast, p.xviii

I don’t know about any of that, especially the part about “unwavering patience.” (Maybe Pornchai, writing from Thailand will weigh in on that.) Anyway, the book extensively cites the Pulitzer Prize-winning work of Dorothy Rabinowitz at The Wall Street Journal whose three major articles on my trial and imprisonment took this story out of the darkness of one-sided suppression. It also cites the work of Ryan A. MacDonald, most notably his investigative journalism compiled in “Truth in Justice.”

However, the cryptic statement of Pope Benedict cited by Father Valladares above needs clarification. The Pope’s reference to “the sins of our confreres who betrayed a sacred trust” needs no explanation. His further statement referring to those who “failed to deal justly and responsibly with allegations of abuse” is broader in scope. Fr. Valladares understood it to refer to some in the Church who tried to remedy one injustice by inflicting yet another. Some bishops went far beyond what has been required by the rule of law and also acquiesced to demands of the media and others with an agenda by publishing lists of priests deemed “credibly accused” but without basic due process of law.

Before my trial in 1994, for example, a past bishop of my diocese wrote a press release declaring me guilty of victimizing not only my accusers, but the entire Catholic Church. Two years ago, twenty-five years into my unjust sentence, a subsequent bishop joined the mob with stones in hand by publishing anew such a list with the stated goal of “transparency.” A year later, that same bishop was himself accused in a case that on its face is “credible” according to the standards bishops have used against priests.

The claims against Bishop Peter Libasci are alleged to have taken place in 1983, the same year as the claims against me. His defense is being handled by a law firm that most priests could never afford. But as I have documented in the post linked below, I believe the claims against him to be untrue and unjust. I was criticized for defending my bishop after my own name appeared on his list, but I am not looking for the mob approval my bishop was apparently looking for. I wrote of the injustice he faces in “Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo.”

Detective James McLaughlin celebrates his 350th arrest.

Wounds from the State

I cannot bring myself to rehash the litany of false witness and official misconduct that sent me to prison on September 23, 1994. I just read a report by the National Registry of Exonerations (NRE). It reveals the disturbing fact that in more than half of the cases overturned with new evidence revealing that the person in prison did not commit the crime, misconduct by prosecutors or police was the primary cause. (See Dale Chappell “Report Shows Official Misconduct Responsible for More than Half of Exonerations.”)

In the cases of many falsely accused Catholic priests, however, misconduct usually has a different outcome. There is never any “planted evidence,” but there is usually a lot of money in play as accusers become plaintiffs in civil lawsuits. Money is often an enticement to corruption and false witness. In many of these cases, no actual crime was ever committed 20, 30, or 40 years earlier when claims were alleged to have occurred.

In the Exonerations Report, sex offenses constituted the second highest category of wrongful convictions. Exonerations in that category encompassed a wide range of official misconduct including police threatening defendants and witnesses, falsified forensic evidence, police not pursuing exculpatory evidence, and police lying under oath. All of this was in the background of my trial and is documented in “Wrongful Convictions: The Other Police Misconduct.”

Many people ask me why I am still in prison when others have come forward with evidence and testimony that casts doubt on the integrity of my conviction. I believe that the most important factor in my continued imprisonment is that the officer behind it has scored convictions via lenient plea deals in over a thousand cases of suspected sexual abuse. Lenient plea deals bolstered his conviction rate without totally destroying the defendants for life. As most readers know, I was offered such a deal in 1994 which would have had me released from prison by 1996 had I actually been guilty or willing to pretend so.

Reversing a conviction based on Detective James F. McLaughlin’s malfeasance in my case may have the unintended consequence of reopening a thousand others that he was involved with. It would have required moral courage and judicial integrity on the part of the judge, a former federal prosecutor who declined a hearing in my habeas corpus appeal. Judges rely on a procedural ruling giving state courts a right to finality. No judge has ruled on the evidence or witnesses that have arisen in the years since my trial. No judge has ever even heard the evidence or witnesses.

This raises a hard truth about our justice system. Guilty defendants are inclined to accept lenient plea deals while many innocent defendants cannot or will not. I am one of them. As a result, many guilty defendants spend far less time in prison than innocent ones. You have already seen a glaring example.

As a direct result of my writing about the horrific crimes perpetrated against Pornchai Moontri when he was brought to America against his will at age 12 in 1985, Richard Alan Bailey was found and arrested in Oregon. Due to extensive evidence, he pled no contest to forty felony charges of sexual assault in the State of Maine in 2018. He was sentenced to 18 years probation and never saw the inside of a prison. In nearby New Hampshire, I refused a one year plea deal and faced trial with no evidence. I was then sentenced to 67 years in prison. Let that sink in.

The Prophet Jonah: A Final Chapter

But none of this addresses what I intended to be at the heart of this post that marks those 27 years. There is nothing I can do to secure justice or freedom for myself. And there was nothing I did do to bring about my loss of them. But there was a lot I could do to secure justice and restore freedom for one whose path on this journey from Jerusalem to Jericho crossed with mine.

I did nothing so grandiose as the conversion of Nineveh, but through the Grace of God I became a necessary instrument in the conversion of Pornchai Moontri who once was lost and broken and now lives free in the light of Divine Mercy. In a September 10 telephone call to him in Thailand on his birthday, his first as a free man, he told me that his deliverance from both prison and his past could not have happened without me. I do not regret paying that ransom. I today believe this to be the purpose for what I have endured.

In my recent post, “The Parable of a Priest and the Parable of a Prisoner,” I wrote about the Seventh Century BC Prophet Jonah and why much of the Book of Jonah is today considered to be a parable. I did not want to detract from the hopeful outcome of that story, so I held its final chapter until now. Its last chapter also took place in Nineveh, but in our time and not Jonah’s.

Though the story of Jonah and the Great Fish is a parable, the Prophet Jonah was a historical figure honored by all three of the great monotheistic faiths: Judaism, Christianity, and Islam. When Jonah was sent by God to the ancient city of Nineveh in the Seventh Century BC, it was the capital of the Assyrian Empire in its time of glory. Nineveh was a center for commercial trade routes on the Tigris River in what is now northern Iraq, just opposite the modern city of Mosul. Nineveh was established in the Neolithic period more than 8,000 years ago, and inhabited almost without a break until about 1500 AD.

In the centuries before the Prophet Jonah was sent to Nineveh, the city was known as a religious center, but it fell far away from its religious roots. The city honored the Assyrian goddess, Ishtar, a goddess of healing who somehow was transformed by the time of Jonah into a goddess of war. The Assyrians built the city with broad boulevards, parks and gardens, and a magnificent palace of more than 80 rooms.

Today, Nineveh is reduced to two large mounds beneath which are the ruins of a city once thriving. The mounds are called, in Arabic, “Kuyunjik” and “Nebi Yunus” which means “place of Jonah.” In ancient times, a massive tomb in honor of the Prophet Jonah was built in a Sunni mosque in Nineveh on the site of an Assyrian church where the remains of Jonah were thought to be buried. This part of the city was revered by Christians, Jews, and Muslims. The Tomb of the Prophet somehow managed to survive intact until just a decade ago. After standing for over a thousand years, the Tomb of the Prophet Jonah was blown up and destroyed in 2011 by the fundamentalist Islamic group, al Qaeda.

The Taliban had been doing the same thing in Afghanistan. Islam was preceded there by Buddhism which was eventually eclipsed by Islam and driven out around the Seventh Century AD. In the Sixth Century AD, Buddhist monks carved into a cliff side the world’s largest statue of Buddha. Standing at 180 feet, it survived for 1,500 years before it was blown up by the Taliban in 2001. It was destroyed at about the same time the Taliban harbored Osama bin Laden and al Qaeda while the September 11, 2001 assault on the United States was planned.

I bring all of this up now because witnessing in my own recent lifetime the demise of people, places, and things once held sacred by many people has had an outsized impact on me that some might find perplexing. Why would I care so much about the Tomb of the Prophet Jonah or a 1,500 year-old gigantic stone Buddha? No matter who these monuments ultimately served, they arose from the hearts and souls of a people. When religious icons are destroyed by evil intent, so is the spirit of those people.

Catholicism and the cancel culture assault on the priesthood now risk this same fate. That risk is manifested most in America over just the last two decades. This threat does not come from the Taliban or Islamic State — though they may be poised to take advantage of the vacuum of hopelessness left in its wake. The terrorism behind this threat is called “apathy.”

If the priesthood and the Mass fall away, it will have as its primary cause the agendas of a few and the silence of too many.

We have witnessed in just recent years a chronic disparagement of the priesthood even from Pope Francis and our bishops, a canceling of a widely reverenced ancient form of the Sacrifice of the Mass, a handing over of the Church’s patrimony to the Chinese Communist government, a disparaging of our Church and faith as a “non essential service” by secular authority, a rampant capitulation to that by some bishops, a failure to defend the sanctity of life and the sanctity of the Eucharist, and a Catholic President who believes in neither.

This is why the Taliban despise us and judge us to be “Infidels,” which means exactly what it implies: “A people of little faith.”

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From a Homily of Padre Pio

“Why does is there evil in the world? Listen closely to me. There was a mother who was embroidering on a small weaving frame. Her young son was seated in front of her on a small low stool watching his mother work. But as he watched, he saw only the underside of the weaving frame. And so he said, ‘But Mother, what are you doing? The embroidery is so ugly!’ So his mother lowered the frame to show him the other side of the work, the good side with all its colors in place and all the threads in a harmonious pattern. That is it. Have you seen what evil is like? Evil is the reverse side of that embroidery and we are all sitting on a small stool.”

— From a homily of St. Padre Pio

Note from Father Gordon MacRae: I want to thank readers who have consulted our Special Events page to assist our friend Pornchai in the daunting task of rebuilding his life. As you know, he was taken from Thailand at age 11. On his September 10 birthday this month, he had a touching reunion with his cousin who was eight when they lived together and is now 45 and an officer in the Royal Thai Navy. They met on September 10th for a birthday celebration at the Gulf of Thailand.

You may also wish to review the related posts linked herein:

Padre Pio, Witness for the Defense of Wounded Souls

Wrongful Convictions: The Other Police Misconduct

The Parable of a Priest and the Parable of a Prisoner

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

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

Before he was himself accused New York Governor Andrew Cuomo signed into law a window in the civil statute of limitations spawning claims against a Catholic bishop.

August 25, 2021

Back in 2010, I closely followed a story that appeared in most national news media outlets. It was about Bishop Eddie Long, a well-known preacher, TV evangelist, and pastor of a Baptist mega church in Georgia. He was accused of sexual assault in multiple lawsuits brought by three young adult males.

Unlike in nearly all similar claims against Catholic clergy, all three of the men, barely out of their teens, opted to allow their names to appear in media coverage. The story unfolded in stark contrast with similar claims against Catholic priests in other ways as well. Lawyers and victim advocates have explained away the sometimes decades-long gaps that have comprised 70-percent of the claims against priests. It is routinely claimed that accusers of Catholic clergy — the vast majority of whom were teens at the time of an alleged offense — may require decades to come forward due to the trauma inflicted on them. In contrast, the three young men accusing Bishop Eddie Long filed lawsuits within two years.

Bishop Long denied that the claims were true. Criminal charges were never filed so the claims were not investigated. The story came down to his word against theirs. When The Wall Street Journal published a 2010 account of Bishop Long’s vow to fight these claims, it was among the five most-read stories of that week at WSJ.com. Clearly, many in the news media presumed at first reading of the headlines that he was a Catholic bishop. The decision to fight the claims rather than simply settle thus stood out as a news story of its own.

In the end, however, Bishop Long and his congregation decided to settle the claims for an undisclosed sum in 2010. No one questioned their assertion that settlement of such claims is common and in no way should be seen as an admission of guilt or culpability. Beyond Bishop Long’s congregation, there were no deeper pockets to pursue. He simply resumed his ministry as though nothing had ever happened.

This could never happen when the accused is a Catholic priest. It was once explained to me by another bishop, Most Rev. John B. McCormack, formerly Bishop of Manchester, NH, that one of the hard lessons of the Catholic clergy abuse narrative is the fact that once a priest is accused, his legal interests and those of his bishop and diocese diverge. When I maintained my innocence against lawsuits that I knew were fraudulent, I was dropped as a defendant so I no longer had standing to challenge settlements.

The New Hampshire statute of limitations for lawsuits was six years then. (In 2020 the civil limitation statute was removed entirely.) The allegations against me were from twelve years earlier. My defense against the claims was that they never took place. The sole argument of my diocese was that the statute had expired so the lawsuits should be time barred. Judge Carol Ann Conboy ruled in Merrimack County Superior Court that the six-year statute begins to toll “only when a victim becomes aware” of a connection between a claim of abuse and a current injury.

My diocese opted to settle rather than appeal that dubious lower court precedent which has since evolved into a pattern of unquestioned mediated settlements in other claims against priests going all the way back to 1950. In many cases no lawsuit was even filed. In his once published resume, former Msgr. Edward J. Arsenault (now Edward J. Bolognini) claimed that he personally negotiated 250 settlements in allegations against NH priests.

Of interest, one NH lawyer told the news media that he personally obtained 250 settlements in claims against NH priests. In a 2002 media report he added,

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

— Mark Hayward, NH Diocese Will Pay $5 Million to 62 Victims, NH Union Leader, November 27, 2002

Manchester Bishop Peter A. Libasci

Misuse of the word, “credible” has been a source of injustice in the U.S. Church since 2002. Prior to the events described above, Bishop John McCormack told a lawyer and a media producer that he believed I was falsely accused and wrongly imprisoned. His statements were documented in a pair of independently sworn affidavits in 2001.

In 2002, after the USCCB adopted the Dallas Charter and “zero tolerance,” claims against me entered a category used by all bishops since. Once money changed hands, they became “credible.” I wrote of the fallout in “Our Tabloid Frenzy About Fallen Priests.”

What the bishops collectively mean by “credible” is not a standard of justice used in any other circumstance. It means no more than “possible.” If a priest and an accuser lived in the same parish or community 30, 40, 50 years ago, then a sexual abuse claim against the priest is “credible.” It is deeply unjust that bishops continue to use that term while knowing that the public and the news media wrongly interpret it as “substantiated.”

There has been a point of contention with my current Ordinary, Bishop Peter A. Libasci. In 2019, while under no pressure from anyone to do so, he published the names of 73 priests of this one diocese who, he says, were “credibly” accused. Many are deceased. This resulted in a pair of pointed articles by Ryan A. MacDonald: “In the Diocese of Manchester, Transparency and a Hit List,” and “Our Bishops Have Inflicted Grave Harm on the Priesthood.”

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

Bishop Libasci maintains through counsel that he is entirely innocent of these claims. I believe that he is in fact innocent. I do not find the claims to be credible at all, but I do not use that term in the same manner the bishops use it against priests. I will get back to this.

One of the claims from the now unnamed 50-year-old accuser is that he was assaulted in the sacristy while setting up for a Mass. That has all the earmarks of a “copycat” claim that is almost verbatim a claim in a different but much more notorious New York case, that of former Cardinal Theodore McCarrick. No one who knows Bishop Libasci could or should conclude that these claims are at all credible. It would be a grave injustice if such claims prevail without clear evidence.

However, that also leaves the matter in a conundrum. If that accuser lived in Deer Park, New York and attended that parish or school at the time Bishop Libasci was there, then this is more than enough for his fellow bishops to conclude — as they would in the case of any similarly accused priest — that the claims are “credible.” Bishop Libasci has not, at this writing, been removed from ministry by the Vatican. As unjust as that would be, any priest in the same circumstance would have been removed immediately.

Former New York Governor Andrew Cuomo

This is happening to Bishop Libasci and others with roots in the State of New York because in 2019, New York Governor Andrew Cuomo promoted and ultimately signed a bill that opened a window to allow civil claims to be filed even if they had been time barred by the statute of limitations. The window in which these claims could be filed expired on August 14, 2021. The Catholic bishops of the state of New York knew well what the result would be so they opposed the unjust bill.

Before signing it into law, Governor Cuomo accused the bishops and other Church officials of threatening politicians who did not support their opposition to the bill. In response to similar bills that were not passed in previous efforts, Cuomo said, “I believe it was the conservatives in the Senate who were threatened by the Catholic Church, and this went on for years.” Catholic League President Bill Donohue pointed out in “Cuomo Had A Different Standard for Priests,” Catalyst, April 2021,

“When teachers’ unions oppose a bill, it is called lobbying. When bishops oppose a bill, it is called a threat. Cuomo’s double standard, and his animus against the Catholic Church, could not be more plain.”

— Dr. Bill Donohue

Governor Cuomo also promoted and signed a June 2020 bill that set a very low bar as a standard of evidence in claims of sexual abuse or harassment in the workplace. The New York Times reported that the legislation eliminates the state’s “severe or pervasive” standard. When signing the bill into law, Governor Cuomo said,

“The ongoing culture of sexual harassment in the workplace is unacceptable and has held employees back for far too long. This critical measure finally ends the absurd legal standard for victims to prove sexual harassment in the workplace and makes it easier for those who have been subjected to this disgusting behavior to bring claims forward.”

— Governor Andrew Cuomo, June 2020

I once wrote a post entitled, “Be Wary of Crusaders! The Devil Sigmund Freud Knew Only Too Well.” It documented multiple stories of crusaders against sexual abuse who turned out to be guilty of the same sorts of offenses they were crusading against. It was the result of a combination of forces within the psyche in the form of two classic defense mechanisms described by the Father of Psychoanalysis, Sigmund Freud. From recent news accounts of his resignation to avoid a pending impeachment, Governor Cuomo seems to have been a textbook case for this.

As accusation after accusation emerged against Cuomo, he insisted on a presumption of innocence and his due process rights. He responded to the allegations with, “You can allege something. It might be true or it might not be true. You may have misperceived. There may be other facts.” All true, but when it came to allegations against priests — whether in the present or in the distant past — innocence was never a possible conclusion. As Catholic League President Bill Donohue observed in the link above,

“Cuomo showed no respect for the due process rights [of priests]. He was happy to sign legislation that gave rapacious lawyers out to sue the Church all the leeway they wanted.”

— Dr. Bill Donohue, Catalyst, April 2021

This is the Pandora’s Box our bishops opened with their use of the term, “credible” as a standard of evidence for removing priests. The current claims against Bishop Peter Libasci arose only because Governor Andrew Cuomo signed into law in New York a bill that takes advantage of the lowest possible standard of evidence to score lucrative windfall settlements from the Catholic Church.

According to the standard our bishops have adopted, however, those claims are as “credible” as many of the claims against the priests on Bishop Libasci’s published list. I would like to believe that Bishop Libasci may now, in hindsight and humility, rethink his decision to publish that list. Injustice, however, is often a bell that cannot be unrung.

Nonetheless, absent compelling evidence — and so far there is none — I firmly believe Bishop Peter Libasci is entirely innocent. I hope and pray that his good name is restored and he is delivered from this injustice.

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Update by Editor — September 8, 2024: In July 2024 it was announced in news media that the accuser of Bishop Peter A. Libasci has died in Rockville Centre, New York. The cause of death has not been public, but he would have been a man in his mid-fifties. This sadly leaves the case against Bishop Libasci unresolved both civilly and canonically.

Since then, the Diocese of Manchester under Bishop Libasci has revised its policy regarding accusations against Catholic clergy. Bishop Libasci has approved a new standard to be applied to cases of accusations against priests. The “credible” standard has been discarded within this Diocese. Now any priest merely accused, from however long ago, substantiated or not, will be removed from ministry and his name added to a public list of the accused. The Diocese has announced that financial compensation for all accusers will be arranged by “trauma-informed consultants.” This new standard will apply to all diocesan personnel, except apparently, Bishop Libasci himself.

To Fleece the Flock: Meet the Trauma-Informed Consultants

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Note from Father Gordon MacRae: Please share this post. Please also pray for a just outcome for Catholic priests falsely accused, and for legitimate victims of sexual abuse and exploitation. Let us remember as we walk through this minefield that we are a Church.

You may also like these relevant posts:

In the Diocese of Manchester, Transparency and a Hit List by Ryan A. MacDonald

Our Bishops Have Inflicted Great Harm on the Priesthood by Ryan A. MacDonald

A Weapon of Mass Destruction: Catholic Priests Falsely Accused by Father Gordon J. MacRae, LinkedIn Pulse

Accused Priests Deserve Better by Catholic League President Bill Donohue (Catalyst, March 2020)

Bogus Charges Against Priests Abound by Father Michael Orsi, Ed.D., Ave Maria School of Law

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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