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.

Editor’s Note: The following guest post by Ryan A. MacDonald is a response to Fr. Gordon MacRae’s recent, “Predator Police: The New Hampshire Laurie List Bombshell.”

January 26, 2022 by Ryan A. MacDonald

Last week, Fr. Gordon MacRae wrote here about the manipulation of facts and witnesses in his 1994 trial on charges brought forward by former Keene, NH Detective James McLaughlin. This manipulation included allegations that he coerced and threatened a witness, Debra Collett, to alter her first-hand testimony because it did not agree with his bias. Another witness, a former accuser of Father MacRae who recanted, alleged that McLaughlin presented him with a proffered bribe to concoct a false claim against MacRae and conspired to attempt perjured testimony before a grand jury.

These are very serious allegations. They were uncovered years after the trial by former FBI Special Agent James Abbott who conducted a three year investigation of this case. Mr. Abbott obtained signed statements from these witnesses and others that became part of a habeas corpus petition seeking to free Father MacRae from an unjust imprisonment.

As MacRae’s post linked above points out, New Hampshire judges at both state and federal levels overlooked these allegations, and declined to allow an evidentiary hearing to permit these witnesses to testify under oath. From a political standpoint, this may be business as usual in New Hampshire. From a justice standpoint, it is most disturbing.

At the start of 2022, advocates for Father MacRae learned that former Detective James McLaughlin appears on a newly published list of police officers with professional misconduct or credibility issues previously held in secret personnel files. The list had been held in secret for years by the NH Attorney General, but a recent legal decision required its public release. Formally called the “Exculpatory Evidence Schedule,” the list is also known as the “Laurie List” for the NH Supreme Court case that initiated it.

It came as no surprise to discover Detective McLaughlin on this list for a 1985 incident of “Falsification of Records.” That was nine years before MacRae’s trial. Over fifty years ago, the U.S. Supreme Court ruled in Brady v. Maryland that state and federal prosecutors are required under the Due Process Clause of the U.S. Constitution to reveal to defendants and legal counsel all exculpatory evidence uncovered in the investigation of a case.

The failure of prosecutors to reveal the “falsification of records” charge against Detective McLaughlin was a violation of what is known as the “Brady Rule” that can and should overturn a conviction. As a minimum, it constitutes new evidence that can reopen a case for judicial review of the entire case.

Advocates first learned of this Brady violation from an article published at InDepthNH.org by Damien Fisher entitled, “AG Hides Some ‘Laurie List’ Names Hours After Release.” The article, though largely accurate, contained some misinformation. It described MacRae as a “former” Catholic priest which is not accurate. It also cited that MacRae “claimed that McLaughlin offered to pay cash to one of his accusers.” That claim was not made by MacRae, but by the accuser himself who recanted in a signed statement obtained by former FBI Agent James Abbott.

Politics and Prosecution

The New Hampshire Center for Public Interest Journalism, which publishes InDepthNH.org, is continuing its lawsuit seeking full and unredacted disclosure of the “Laurie List” in its entirety. A more recent article by Damien Fisher, “Famed Keene Cop Called Out for Federal Entrapment” (January 11, 2022) detailed a clear case of entrapment by McLaughlin. The article describes the original “Laurie List” charge of “Falsification of Records” by McLaughlin as “Falsification of Evidence.”

Noted Boston lawyers Harvey Silverglate and Alan Dershowitz are long-time associates in the cause of preservation of our civil rights and civil liberties. Mr. Dershowitz wrote the Forward for Silverglate’s acclaimed 2009 book, Three Felonies a Day: How the Feds Target the Innocent. The following is an excerpt:

“Our system of investigation and prosecution is unique in the world. We [in America] have politicized the role of prosecutor, not only at the federal level but in all of our states and counties as well. Nowhere else are prosecutors (or judges) elected. Indeed, it is unthinkable in most parts of the world to have prosecutors run for office, make campaign promises and solicit contributions. In the United States, prosecutors are not only elected but the job is a stepping stone to higher office as evidenced by the fact that nearly every congressman or senator who ever practiced law once served as a prosecutor. Winning becomes more important than doing justice.” (p. xxv)

There were two prosecutors at Father Gordon MacRae’s 1994 trial. One inexplicably took his own life several years later after the first articles challenging this case appeared in The Wall Street Journal and were published along with the items in our Documents page at a site that preceded MacRae’s blog. The lead prosecutor was Bruce Elliot Reynolds. At the time of the high profile trial, he used its notoriety to campaign for another Assistant County Attorney in his office who was running to unseat the incumbent. In New Hampshire, a County Attorney is equivalent to a District Attorney in other states.

There was a lot that went on behind the scenes of this trial. The lead prosecutor was reined in by the judge for sensational media statements about the trial which could (and did) taint the jury pool. The trial drew lots of local news coverage. As it got under way, Mr. Reynolds was chastised by Judge Arthur Brennan for wearing his campaign button before news cameras.

On the day after the trial, for reasons unknown, Reynolds was fired by the winner of the election, the incumbent against whom he was campaigning. Sometime later, Reynolds decided to run for County Attorney himself. His campaign cited his “vigorous” prosecution of Father Gordon MacRae as his most significant “tough on crime” career achievement. Mr. Reynolds was then exposed for some sort of tax matter, dropped out of the race, and left the state. He relocated to the State of Wisconsin.

Prior to the trial, Reynolds sent a letter to MacRae’s defense counsel which laid out terms for a strikingly lenient plea deal for a sentence of one to three years in prison if MacRae would simply plead guilty. He refused this offer because he is not guilty. He refused a similar offer in the middle of trial when the offer was reduced to one-to-two years. The prosecutor asked what it would take to get MacRae to take the deal. His lawyer’s answer: “The dismissal of charges because he is innocent.”

It seemed clear throughout pretrial motion hearings and the trial itself that the real prosecution of this case was carried out by Detective James McLaughlin, the sole sex crimes detective among the 25 or so officers in the Keene, NH Police Department. An account of how Detective McLaughlin investigated this matter is laid out in “Wrongful Convictions: the Other Police Misconduct.”

A Conspiracy of Fraud

This trial was a classic example of why the blending of politics and the justice system often defeats justice. The trial was not about arriving at the truth. It was all about winning, at any cost, because political aspirations and careers were at stake. In no other arena but the political could a prosecution accept without question testimony from a grown man who claimed that he was sexually assaulted five times by a Catholic priest a dozen years earlier at age 15, but returned to be assaulted again and again for a total of five times because he repressed all memory of the vicious assaults from week to week.

Only political blindness could deny and obfuscate the fact that a $200,000 settlement from a Catholic diocese is a possible enticement for perjury and fraud. As Alan Dershowitz observed above, “Winning becomes more important than doing justice.” Such an arena requires the work of an unethical crusader to mold and shape a case toward that end. In Detective James McLaughlin, the State had just such a crusader.

At the “Documents” section on this site is a three-part case history which was the result of substantial research. It includes a most telling document entitled, “United States District Court: Gordon J. MacRae v. James F. McLaughlin, et al.” It requires a little background. Prior to the 1994 MacRae trial, the suppression of evidence and one-sided media coverage was so great that Father MacRae felt his only recourse was to file a lawsuit of his own. It lays out the bold but simple truth of this matter. No one refuted even one of its many claims.

The lawsuit was upheld and survived several attempts to have it thrown out, but in the end it had to be dismissed without prejudice — meaning without a judicial ruling — when MacRae was convicted at trial. He could only bring the lawsuit again if the underlying convictions were resolved. This document lays out perhaps the most chilling factual abuse of police power in this or virtually any other case. It is well worth a review.

Prior to this trial MacRae voluntarily took, and conclusively passed, two polygraph examinations with a noted expert. Some of Detective McLaughlin police reports made allusions to the possible creation of child pornography by MacRae. At the time of his sentencing, Judge Arthur Brennan cited this, claiming that “This Court has heard clear and compelling evidence that you created pornography of your victims.” This never surfaced at all during the trial, but the ugly accusation at sentencing was later used for a purely evil endeavor. It was used by SNAP, the Survivors Network of those Abused by Priests, to bolster a crimes against humanity charge targetting Pope Benedict XVI at the International Criminal Court at The Hague.

Mercifully the effort failed. Eleven years later in 2005 Dorothy Rabinowitz at The Wall Street Journal questioned Detective McLaughlin about the nature and substance of that evidence. “There was never any evidence of child pornography,” he admitted. In this entire matter, that was the only time McLaughlin told the truth.

During the trial, two court observers reported spotting a woman in the gallery giving hand signals to Thomas Grover to begin crying during his testimony. It came after he testified that he was unaware of any plan to sue the Catholic Church. He was asked by MacRae’s counsel to reveal to whom he went first with his accusations: the police or a lawyer. At this point, Ms. Pauline Goupil was observed from the gallery signalling Grover to cry. He was riveted upon her for his entire testimony. At that point she was seen placing her fingers below her eye and then down her cheek in a pantomime of crying. In response, 27-year-old Grover wept loudly and at length. The two witnesses who observed it reported it to the defense counsel who then approached the bench. Judge Brennan cleared the jury from the court and called Ms. Goupil to the stand. She identified herself as a therapist retained by Thomas Grover at the behest of his attorney. All treatment records of Mr. Grover were to be reviewed by the defense pretrial, but neither Pauline Goupil’s records nor the fact of her treatment of Grover were revealed.

Hard evidence surfaced pretrial that Detective McLaughlin conducted some of his one-sided investigation, not from his Keene police office, but from 60 miles away in the law office of Robert Upton, the personal injury lawyer who brought a lawsuit on behalf of Thomas Grover and obtained a $200,000 settlement from the Diocese of Manchester. Family members of Grover revealed years later that Grover was coached to “act crazy” before the jury, to appear vulnerable, and to commit perjury in regard to some of his testimony. When asked who did this coaching, their answer was Pauline Goupil and Detective McLaughlin. These family members, the former wife and stepson of Thomas Grover, were also barred from giving testimony under oath. The two people who observed Pauline Goupil’s courtroom witness tampering were also barred from testifying.

A public debt is owed to the NH Center for Public Interest Journalism which publishes InDepthNH.org. The Center continues an open lawsuit contending that the new law that only partially released the “Laurie List” does not protect the public right to know its extent.

In a 2003 Concord Monitor article — now apparently removed from the Internet — fellow Keene, NH officer Sgt. Hal Brown defended McLaughlin’s shady tactics and actions:

“It’s our job to ferret the criminal element out of society.”

I believe Father MacRae would today agree with me that those are very scary words!

Be Wary of Crusaders! The Devil Sigmund Freud Knew Only Too Well

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Editor’s Note: Please share this important post on your social media.

You may also be interested in these related articles:

Predator Police: The New Hampshire ‘Laurie List’ Bombshell

Police Investigative Misconduct Railroaded an Innocent Catholic Priest

A Grievous Error in Judge Joseph LaPlante’s Court

Several years after sentencing Father Gordon MacRae to life in prison, Judge Arthur Brennan was arrested in Washington, DC in 2011 during a protest in which he tried to occupy the US Capitol Building.

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

A Sex Abuse Cover-up in Boston Haunts the White House

When The Boston Globe Spotlight focused only on Catholic priests, sex abuse by a top Boston police union official was covered up all the way to the 2021 White House.

Our Canadian guest writer, Father Stuart MacDonald, posted a thoughtful comment on my recent post, “Cardinal Sins in the Summer of Media Madness.” He pointed out a sobering fact. Former police officer Derek Chauvin, who now stands convicted in the murder of George Floyd, was sentenced to exactly one-third of the sentence I am serving for crimes that never took place. Father Stuart’s insightful comment was followed by one from another frequent guest writer, Ryan A. MacDonald, no relation to Father Stuart.

Their comments are very much worth a return visit to that post. The tragic death of George Floyd at the hands of Derek Chauvin in sight of three other officers launched a movement across America to defunct police. It also led to all of the events described in the post cited above.

You might think that in my current location, a movement like #DefundPolice would find lots of sympathy and even some vocal support. The truth is just the opposite. No one understands the need for police in our society more than a prisoner. As one friend here, an African American, put it: “Knowing the truth about some of the guys around me, the last thing I want to see is them and my family living in the same place without police.”

I reflected that same sentiment, and others like it, in my own response to the #DefundPolice movement that was spawned by the death of George Floyd. It was a post written in the heat of that awful riotous summer of 2020. It was “Don’t Defund Police! Defund Unions that Cover Up Corruption.”

As that post revealed, former Minneapolis officer Derek Chauvin had multiple excessive force complaints in his personnel file. Thanks to the so-called “Blue Wall” and the misguided advocacy of the local public sector police union, none of the prior complaints ever became public. Had they been known, George Floyd may be alive today and Derek Chauvin may not be facing prison.

Others among my friends have advised me not to overlook the fact that Mr. Floyd was alleged to have committed a crime that day — an attempt to pass a counterfeit $20 bill. Even if true, this is not relevant. Americans do not face death over a fake $20 bill. The George Floyd story unmasked racial prejudice in the way policing is sometimes done on the streets of America. We will be a stronger and better people for the hard soul-searching and policy building needed to address this.

I write all of the above to stress that I am not in any way against police. Like my friend mentioned above, knowing some of the men with whom I now live deepens my appreciation for the many dedicated police officers who serve and protect our communities.

The account I am about to present should not be understood as just another “dirty cop” story. It is better seen as a cautionary tale of public corruption that extends beyond police to infiltrate and compromise many of the once-respected institutions on which our culture is built. The corruption you will read about here is as much that of partisan politics and the news media as it is about police. It is a Boston story. It took place in my own home town.

While the Spotlight Was on Catholic Scandal

This account is unrelated to the sordid stories of Catholic scandal in which we have been immersed for two decades, but it must begin there with a July, 2010 post, “The Exile of Fr. Dominic Menna and Transparency at The Boston Globe.”

I highly recommend that post for the back story of what was happening to many Catholic priests as the age of cancel culture was just taking shape. The story might infuriate you. It should. In 2010, Father Dominic Menna was a much beloved 80-year-old Boston priest who was suddenly accused of molesting a minor 51 years earlier when he was 29 years old in 1959. Like every accused priest since The Scandal first gripped Boston and spread from there across the land, the elderly Father Menna was put out into the street.

You could not tell from reading The Boston Globe accounts of the case that none of this story took place in the present. The Globe had a subtle way of presenting every decades-old claim as though it happened in the here and now. Father Menna just disappeared into the night with no recourse to protect himself or his priesthood. There were no groups forming such as “Stand with Father James Parker” or “Stand with Canceled Priests” when the stench of injustice was in any way related to suspicions of sexual abuse.

Even some Catholic entities have thanked The Boston Globe and its pernicious Spotlight Team for doggedly pursuing the files of priests accused and for publishing every lurid detail, true or not. The Globe helped create a mantra that impacted the civil rights of all priests who, since the Bishops’ Dallas Charter of 2002, have been considered “guilty for being accused.” The trajectory lent itself in 2010 to “The Exile of Fr. Dominic Menna” with few questions asked. The details in that post are staggering for any Catholic who still cares about justice. One of the truths exposed in that post is about all that is left in darkness when a spotlight is used on a topic that requires a floodlight. It is about something that was happening off-the-radar in Boston while The Boston Globe and its Spotlight Team celebrated an Academy Award for Best Picture in the category of Public Service.

If not for the Globe’s hammering away at priests, the people of Boston might have been shocked in the summer of 2020 when Patrick Rose, a Boston police officer and former president of the Boston police union, was charged with 33 counts of molesting children. Bostonians might have been further shocked to learn that the behaviors which led to his arrest extended all the way back to 1995 and were known by officials in the Boston police, their public sector union, and others who helped to keep it all secret.

In 1995, just months after I was on trial in nearby New Hampshire, Patrick Rose was arrested and charged with child sexual abuse. He was placed on administrative leave by the Boston Police Department. The Boston Globe today reports that the charges were dropped in 1996 when the accuser recanted her account under pressure from Rose. Later in 1996, however, a Boston Police Internal Affairs investigation reported that the charge “was sustained” and relayed to supervisors.

Despite this, Patrick Rose remained on the police force. In 1997, an attorney for the police union wrote a letter to the police commissioner complaining that Rose had been kept on administrative duty for two years and demanding his full reinstatement. Rose was then reinstated. Prosecutors today allege that he went on to molest five additional child victims, including some after Rose himself became union president from 2014 to 2017.

White House Labor Secretary Marty Walsh

In the May 14, 2021 print edition of The Wall Street Journal, the Editorial Board published “A Police Union Coverup in Boston.” The WSJ reported that The Boston Globe filed requests for the Internal Affairs file on Patrick Rose. The administration of then Boston Mayor Marty Walsh denied the request citing that the record could not be released in a way that would satisfy privacy concerns.

Imagine the outcry if the late Cardinal Bernard Law said this when The Boston Globe demanded a file on any foreknowledge of sexual abuse by Father Dominic Menna. It turned out in that case that there was no such file because the 80-year-old priest had never previously been accused. The Boston Globe repeatedly dragged the Archdiocese of Boston into court in 2002 to demand public release of scores of files on Catholic priests and never rested until every detail — corroborated or not — ended up in newsprint.

It is hard to imagine today that The Globe would simply settle for the excuse Mayor Marty Walsh provided. It is hard to imagine that the “Blue Wall of Silence” was any real obstacle for The Boston Globe which, perhaps to cover for its own inaction, reported that it was “astonishing [the] lengths to which the [Boston Police] Department and the now departed Walsh administration went to keep those files under wraps.”

The file remained “under wraps” until after Senate confirmation hearings that vetted Mayor Walsh and confirmed him (68 to 29) for a Biden Administration cabinet position as Secretary of Labor in 2021. Walsh signed a contract with the Boston Police Union in 2017 while Patrick Rose was still union president. It remains unclear what Marty Walsh knew and when he knew it.

A Massachusetts state supervisor of public records refuted the Mayor’s reasoning for keeping the file secret. He called upon (then) Mayor Walsh to provide a better reason for denying the Internal Affairs file on Patrick Rose. Walsh ignored this for two months until his mayoral successor, Kim Janey, released a redacted version of the file after the Senate confirmation hearing approved Mr. Walsh as Secretary of Labor. The Wall Street Journal reported:

“Mr. Biden picked Mr. Walsh because he is a union man. He was president of a Laborers’ Union local, as well as head of the Boston Building Trades, until he ran for mayor in 2013. As mayor, he showered unions with taxpayer money, including a contract with Mr. Rose’s police union in 2017 that resulted in a pay increase of 16-percent over four years. City employees in unions donated hundreds of thousands of dollars to his campaign. The Rose Coverup is relevant to Mr. Walsh’s duties at the Labor department.”

— The Wall Street Journal, May 13, 2021

An Epilogue

Just as I was preparing to print and mail this post, someone sent me the July 2021 copy of Newsmax magazine containing an article by journalist Merisa Herman on this same story entitled, "Police Union Cover-Up Haunts Top Biden Official." [I chose my title long before seeing this]. Ms. Herman concluded:

“Rose had been given a pass from the media for what could be construed as a cover-up ... Someone in Congress might ask Mr. Walsh why Americans should believe he’ll fight union corruption when his city may have helped protect a union chief with a history of alleged predation against children.”

It is difficult to measure this story against what happened in 2010 to 80-year-old Father Dominic Menna whose life and priesthood were utterly obliterated by The Boston Globe spotlight for a half century-old claim that could never be corroborated.

It is difficult to measure this story against what happened to George Floyd in Minneapolis when a history of previous excessive force complaints in a police file were kept under wraps until someone paid with his life.

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Notes from Father Gordon MacRae:

1. Many thousands of readers have been circulating last week’s post, “Biden and the Bishops: Communion and the Care of a Soul.” Thousands in Washington, Chicago, New York and Boston have read that post. If you wish to send a printed copy to your bishop or anyone else, we have created a five-page pdf version that is printable.

   We have also created a pdf with the name and address of every U.S. Catholic Bishop.

2. Learn more about The Boston Globe’ s Spotlight coverage of the Catholic Church and the Best Picture Academy Award for the film, Spotlight. You may never watch the Oscars again after reading “Oscar Hangover Special: Why ‘Spotlight’ Is a Terrible Film” by a courageous journalist, Joann Wypijewski, former Editor of The Nation. (It also sheds some much needed media light on my own travesty of justice.)

“Cardinal Sins in the Summer of Media Madness”

“Don’t Defund Police: Defund Unions that Cover Up Corruption”

“The Exile of Fr. Dominic Menna and Transparency at The Boston Globe”

“Oscar Hangover Special: Why ‘Spotlight’ Is a Terrible Film” by Joann Wypijewski

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