A Reporter’s Bias Taints the Defense of Fr Gordon MacRae

Ignoring exculpatory evidence and more honest media coverage, a writer’s selective reporting undermines the defense of a priest wrongly imprisoned for 28 years.

October 5, 2022 by Ryan A. MacDonald

Editor’s Note: The image above depicts Keene, NH Detective James McLaughlin whose investigation of an early 1980s sexual assault case resulted in the wrongful imprisonment of Fr. Gordon MacRae. The following is a guest article by contributing writer, Ryan A. MacDonald. His most recent post in these pages was “Police Misconduct: A Crusader Cop Destroys a Catholic Priest.”

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Writing for InDepthNH, a New Hampshire online news venue, reporter Damien Fisher presented a negligent and entirely biased overview of the case against Fr. Gordon MacRae. On the one hand, it represented well that Keene, NH Detective James McLaughlin, who orchestrated the case against MacRae, is now exposed for falsifying records, tampering with evidence, and other misconduct which contributed to wrongful convictions.

On the other hand, a recent article by Damien Fisher obfuscates any future defense of MacRae with content that has already been debunked by more balanced investigations in The Wall Street Journal and elsewhere. (See our page on The Wall Street Journal.) Fisher’s article includes only the one-sided claims of a 2003 Grand Jury Report that a New Hampshire judge has already determined to have been published without merit or justice. Here is what Judge Richard McNamara wrote regarding the content of that report:

“[The 2003 Grand Jury Report on the Diocese of Manchester] fulfilled none of the traditional purposes of the common law grand jury. Rather than investigation of crime, the report is a post hoc summary of information the grand jury considered but did not indict on. A grand jury report that does not result in an indictment but references supposed misconduct results in a quasi-official accusation of wrongdoing drawn from secret ex parte proceedings in which there is no opportunity available or presented for a formal defense. ... Such a grand jury report is not far removed from, and no less repugnant to traditions of fair play than lynch law.”

— NH Judge Richard McNamara, August 12, 2019, In re: Grand Jury, No. 217-2017-CV-00382

Much of the content of the 2003 Grand Jury Report was generated in one-sided claims for settlement money and handed over to the State by Diocese of Manchester official Reverend Edward J. Arsenault. While settling without due process some 250 abuse claims against priests of the New Hampshire Diocese dating back 30 to 50 years, Arsenault was later charged and convicted of financial crimes in the amount of nearly $300,000 used to secretly support a relationship with a young gay musician. Now dismissed from the priesthood, he has a new name, Edward J. Bolognini. For some reason, he has been given a pass in Damien Fisher’s account.

The U.S. Department of Justice has recently disclosed an ongoing investigation into over $45 billion in fraudulent claims to reap benefits related to the Covid 19 pandemic. After the massive Gulf oil spill several years ago Exxon Oil Company had to establish a fraud task force to separate valid claims of damages from the billions of dollars in fraudulent ones. What makes anyone think that the Catholic abuse story has been spared such fraud?

This all requires a response. Today and over the next few weeks in these pages, David F. Pierre, Jr. of The Media Report.com, Catholic League President Bill Donohue and I will continue this rebuttal of that one-sided material. I hope readers of this blog will share this information widely to give this truthful side of the MacRae story the attention it deserves. Anything less is to contribute to what Dr. Bill Donohue called “a travesty of justice.”

Conflicts of Interest

In reporting on the MacRae case, however, Damien Fisher also has a conflict of interest. His wife is a columnist for Parable magazine, the official publication of the Diocese of Manchester, Father MacRae’s estranged diocese.

The Parable Managing Editor is Kathryn Marchocki, formerly a reporter for the statewide newspaper, New Hampshire Union Leader. In that capacity, Ms. Marchocki covered the 1994 MacRae trial and the 2003 Grand Jury Report on the Diocese of Manchester.

In early 2003, just before the New Hampshire Grand Jury Report was released to the public, Kathryn Marchocki met with Fr. MacRae at the New Hampshire State Prison. He presented her with a large amount of documentation that challenged the hyped contents and accusations in that one-sided report. Ms. Marchocki reportedly told the priest that his information is compelling, “but New Hampshire news media and my paper in particular are so anti-Catholic my editor will never let me write about this.”

Nonetheless, she asked MacRae — then in his ninth year in prison — to send her everything he had. He did, but never heard from Ms. Marchocki again. Now she is the editor of the Diocese of Manchester news magazine in which Damien Fisher’s wife is a columnist appearing in the monthly publication just opposite the musings of Father MacRae’s bishop, Most Reverend Peter A. Libasci, who himself now stands accused in a sexual abuse civil lawsuit in the State of New York. (See “Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo.”)

Readers are likely aware of developments in the matter of former Keene, NH Detective James McLaughlin and his brief appearance on the Attorney General’s “Laurie List,” also called the Exculpatory Evidence Schedule. When the first rumblings about rampant dishonesty on the part of Detective McLaughlin began to appear in 2021, I personally reached out to Damien Fisher with a concern that the Father MacRae case had not been properly investigated and did not receive a fair trial.

Mr. Fisher shot back immediately with a verbal attack. He declared MacRae to be guilty based solely on untried rumor, innuendo, and uncorroborated claims for monetary settlement, such as those brought without trial in the discredited 2003 Grand Jury Report. He offered nothing that could be interpreted as evidence. I offered to send Mr. Fisher some compelling documentation that challenged his narrative, but I received this final message in reply: “Stop! I do not want to see anything you send. My mind is made up!” So much for journalistic integrity and objectivity.

Father MacRae in 1983, the time of the alleged charges (Courtesy of The Wall Street Journal)

A Pornographic Priest?

Much of Mr. Fisher’s current media coverage of MacRae centers on a claim that the priest produced pornographic photographs and videos of his accusers. The truth about this is in plain sight right at Mr. Fisher’s fingertips, but he omitted it. The accusation of creating pornography was first lodged by Detective McLaughlin himself in 1988. He had no evidence for it beyond a claim that he choreographed and promoted for a civil lawsuit involving an individual named Jon Plankey described in McLaughlin’s report as his “employee in a family-owned business.”

The first accusation elicited by McLaughlin was that MacRae had attempted to verbally solicit the teen. It was only after some evolution that a more substantial — and more lucrative — claim emerged that MacRae took photographs of the youth. McLaughlin actually wrote in his report that these claims will be the basis for a civil lawsuit against the Catholic Church. The lawsuit was settled without question by MacRae’s diocese over his strenuous objections.

The pornography accusation later weighed heavily in Father MacRae’s 1994 trial and sentencing in an unrelated case, that brought by accuser Thomas Grover. When sentencing the priest to life in prison, Judge Arthur Brennan cited MacRae’s “aggressive denials of wrongdoing [and] the evidence of child pornography is clear and compelling.”

But none of it ever happened. In 2005, Dorothy Rabinowitz at The Wall Street Journal investigated this entire case for her extensive report, “A Priest’s Story,” which served as a factual refutation of much of the content appearing in the 2003 Grand Jury Report. The accuser in the pornography matter, then in his 20s, declined to answer any questions, but Ms. Rabinowitz questioned Detective McLaughlin about the “clear and compelling” evidence of child pornography. The detective was cornered, and admitted,

“There was never any evidence of pornography.”

— Detective James McLaughlin

This information was available to Damien Fisher, but if he found it he could not continue the pornography victimization narrative, so he apparently never bothered to look.

There is a lot more to that story. In 1988, McLaughlin interviewed MacRae about Plankey’s claims for four hours on tape. McLaughlin, as was his practice, wrote reports claiming several admissions by MacRae that the priest says today were never made. MacRae insists that those claims could not possibly be on the tape. Later, when MacRae faced trial in 1994, the judge ordered all tape recordings turned over to his defense. Neither MacRae nor his lawyer ever received a single one. McLaughlin claimed, under oath in sworn Interrogatories, that the tapes in question were accidentally taped over for another case and the transcripts he cited were never made due to “clerical error.”

Eleven years later in 2005, McLaughlin apparently forgot his earlier perjury and sent that tape to The Wall Street Journal : Dorothy Rabinowitz wrote of how McLaughlin badgered MacRae again and again to plea to a misdemeanor of attempting to endanger a minor, but without legal representation. Here is her 2005 report about the tape:

“Fr. MacRae, summoned to meet with Detective McLaughlin, was informed that there was much more evidence against him, that the police had an affidavit for an arrest, and that it would be in everybody’s best interest for him to sign a confession. On the police tape, an otherwise bewildered-sounding Fr. MacRae is consistently clear about one thing — that he in no way solicited the Plankey boy for sex or anything else. ‘I don’t understand,’ he says more than once, his tone that of a man who feels that there must, indeed, be something for him to understand about these charges that eludes him.

“He listens as the police assure him that he can save all the bad publicity. ‘Our concern is, let’s get it taken care of, let’s not blow it out of proportion... . You know what the media does,’ they warned. He could avoid all the stories, protect the Church, let it all go away quietly.”

— The Wall Street Journal, “A Priest’s Story”

From here on the recording was shut off. MacRae says the badgering went on for another three hours. The priest had never before been in such a situation. When he asked if he should consult a lawyer, the detective reportedly said, and today denies saying it, doing so “will only muddy the waters.” In the end, MacRae signed the paper without legal counsel just to end this. In concluding the matter, McLaughlin wrote a press release: “Though no sexual acts were committed by MacRae,” it noted, “there are often varied levels of victimization.” Indeed there are!

In his police report on this matter, Detective McLaughlin wrote that Plankey worked for him in a family-owned business. Plankey’s mother was also an employee of the Keene Police Department. Before MacRae even knew about the claims, The Wall Street Journal reported, MacRae’s diocese received a call from Mrs. Plankey informing officials there that MacRae was being investigated on solicitation charges and a quick out-of-court settlement would “avoid a lawsuit and lawyers.”

Ah, but there’s more! This was not Detective McLaughlin’s first use of Jon Plankey to bring down a target. Plankey made an identical set of claims against Timothy Smith, a Keene Congregational church choir director with whom he struck up a relationship. That case was prosecuted by McLaughlin and ended in a similar misdemeanor plea deal. And Plankey accused a local Job Corp supervisor of soliciting him. That was another misdemeanor case pursued by McLaughlin. Then he accused a man who picked him up hitchhiking of soliciting him.

It was only after the above interview that the claim of producing photographs was made. The priest was never charged with this because that would require producing some evidence. Instead, McLaughlin capitalized on it for a civil settlement for Plankey despite later revealing to The Wall Street Journal that the story was contrived and there was never any evidence of pornography. The story nonetheless had a long shelf life. It was used by Judge Arthur Brennan to enhance MacRae’s sentence after trial in 1994.

And it was used by David Clohessy at SNAP, the Survivors Network of those Abused by Priests, to bolster a Crimes Against Humanity charge against Pope Benedict XVI in the International Criminal Court at The Hague. This aspect of McLaughlin’s handiwork was explored by journalist, Joann Wypijewski in “Spotlight Oscar Hangover: Why ‘Spotlight’ Is a Terrible Film.”

The Plankey case was among the files investigated by former FBI Special Agent Supervisor Jim Abbott, a specialist in counter-terrorism. Like most claimants, Jon Plankey took his money from the Diocese and disappeared. When Agent Abbott found him, Plankey refused to answer any questions without a lawyer. I had been writing about this matter and received an email message from Jon Plankey’s brother. Agent Abbott went to interview him and was told that the claims were a scam for settlement money. The brother said there is more to tell, but he, too, wanted money.

The Plea Deal Injustice

Damien Fisher relentlessly referenced Father MacRae’s post-trial acquiescence to a plea deal coerced by circumstances, presenting it as his sole evidence to bolster his implications that MacRae must be guilty. I do not want to belabor this point for I have written about it extensively already. When MacRae was convicted at trial — after Judge Arthur Brennan instructed the jury to “disregard inconsistencies in [accuser] Thomas Grover’s testimony” — he still faced additional “pile-on” charges from Grover’s brothers and two others who had climbed aboard for the inevitable monetary settlements.

When one of the newer accusers learned that MacRae was not likely to take any deal, he left the country to avoid testifying in a trial and he never filed his civil claim. Another accuser groomed by McLaughlin, Keene native Steven Wollschlager, received a summons to appear before a grand jury to indict the priest on a new charge.

Steven later went on to describe that he was solicited by McLaughlin to join other accusers in fabricating claims against MacRae. The enticement was a $50 bill and an assurance that a lot more money could be obtained in a civil lawsuit against the Church. When Steven balked, McLaughlin allegedly pointed out the girlfriend and child Steven had and said that life could be so much easier for them with a lot of money. Steven pondered this, and then agreed. He later described these meetings with McLaughlin:

“It was all about the lawsuits and the money. I was led to believe that all I had to do was make up a story about MacRae like others had done and I could obtain a lot of money. I was using drugs at the time and could have been influenced into saying anything they wanted for money.”

On the way to the court, Steven explained, he found his moral center and could not go through with it. He said that he knew MacRae as a teen and that the priest only tried to help him. He was told by an unnamed court official, “We won’t be needing anything further from you.”

When the trial was over, MacRae was penniless, abandoned by his Bishop and Diocese. He was placed in jail in custody until sentencing and had nowhere to turn. His lawyer resigned, exasperated at the three-ring circus in the trial and the lack of being allowed to put on an adequate defense. McLaughlin and prosecutors then offered MacRae another deal: a concurrent one-year sentence ending all remaining charges to be served simultanously with the sentence yet to be handed down in the Thomas Grover case.

MacRae’s trial lawyer, who left the trial before it was over, told MacRae in a telephone call from jail that he had no choice but to accept the deal. His bishop and Diocese, anxious to provide settlements and be rid of this, had issued a pre-trial press release declaring that the entire Catholic Church was victimized by MacRae. Everyone around him told him he had no choice. He went to the Court men’s room and vomited after entering his negotiated lie. I wrote extensively of this in “The Post-Trial Extortion of Fr. Gordon MacRae.”

All of this — my articles, the extensive coverage by The Wall Street Journal, the investigation by FBI Special Agent Jim Abbott, the polygraph examinations that Fr. MacRae passed conclusively, the findings of the National Center for Reason and Justice now sponsoring MacRae’s defense — has been in plain sight, readily available to Damien Fisher. He opted instead to spread another narrative, and God alone knows why.

There is more still, and it is coming. Perhaps the most egregious “evidence” cited by Damien Fisher came from supposed psychological evaluations of the accused priest. This will be the topic of a follow-up post next week in these pages.

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“In my three-year investigation of this matter, I have found no evidence that Gordon MacRae committed these crimes, or any crimes.”

— Sworn Affidavit of former FBI Special Agent James Abbott

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Editor’s Note: Ryan A. MacDonald has written extensively on the sexual abuse crisis in the American Catholic Church. You may also be interested in these related posts.

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

The Trial of Father MacRae: A Conspiracy of Fraud

The Post-Trial Extortion of Father Gordon MacRae

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

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

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

July 13, 2022 by Charlene C. Duline

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stones for Pope Benedict and the Rusty Wheels of Justice

Following revelations about possible deliverance after 28 years of wrongful imprisonment, hope is hard to come by, but it was not so for Saint Maximilian Kolbe.

February 9, 2022

“This prisoner of the State remains, against all probability, staunch in spirit, strong in the faith that the wheels of justice turn, however slowly.”

— Dorothy Rabinowitz, “The Trials of Father MacRae,” The Wall Street Journal, May 13, 2013

When this blog was but a year old back in 2010, my friend and prison roommate, Pornchai Moontri, was received into the Catholic faith. He was 36 years old and it was his 18th year in prison. Everyone who knew him, except me, thought his conversion seemed quite impossible. Pornchai does not have an evil bone in his body, but his traumatic life had a profound effect on his outlook on life and his capacity for hope. There is simply no point in embracing faith without cultivating hope. The two go hand in hand. We cannot have one without the other.

To sow the seeds of hope in Pornchai, I had to first reawaken hope from its long dormant state in my own life as a prisoner. I am not entirely sure that I have completed that task. It seems a work in progress, but Pornchai’s last words to me as he walked through the prison gates toward freedom on September 8, 2020 were, “Thank you for giving me hope.” I wrote of that day in “Padre Pio Witness for the Defense of Wounded Souls.”

A decade earlier, back in April of 2010, Pornchai entered into Communion with the Catholic Church on Divine Mercy Sunday. On the night before, he asked me a haunting question. It was what I call one of his “upside down” questions. As he pondered what was to come, his head popped down from his upper bunk so he appeared upside down as he asked it. “Is it okay for us to hope for a happy ending when Saint Maximilian didn’t have one?” Pornchai had a knack for knocking me off the rails with questions like that.

Before responding, I had to do some pondering of my own. Our Patron Saint lost his earthly life at age 41 in a Nazi concentration camp starvation bunker. His death was followed by his rapid incineration. All that Maximilian Kolbe was in his earthly existence went up in smoke and ash to drift in the skies above Auschwitz, the most hopeless place in modern human history.

Retroactive Guilt and Shame

What I am about to write may seem horribly unpopular with those harboring an agenda against Catholic priests, but popularity has never been an important goal for me. In recent weeks, the news media has trumpeted a charge launched by a commission empowered by some Catholic officials in Germany. The commission’s much-hyped conclusion was that Pope Benedict was negligent when he did not remove four priests quickly enough after suspicions of abuse forty-one years ago in 1981. Some of my friends have cautioned me to stay out of this. Perhaps I should listen.

But I won’t. At what point do we cease judging men of the past for not living up to the ideals and politically correct sensitivities of the present? Merely asking that question puts me in the crosshairs of our victim culture, but it also forces me to ask another. Go back just another forty-one years and you will find yourself amid the hopelessness of 1941 as the children of Yahweh suffered unspeakable crimes in Germany and Poland. Where do we draw the line of historic condemnation? Should the German Church stop with Joseph Ratzinger in 1981?

The condemnation of Pope Benedict called for by some media and German officials today should be seen through the lens of history. It is a part of our hope as Catholics and as human beings that neither Pope Benedict nor the German people would act today as they did — or allowed to be done — forty or eighty years ago. The real target of such pointless inquiry and blame was not Pope Benedict, but rather hope itself.

I think we have to be clear in our response which should include something about the splinters in our eyes and the planks in the eyes of those pointing misplaced fingers of blame. Perhaps the moral authority that chastises Pope Benedict today in Germany doth protesteth too much. A new book by historian Harald Jähner, Aftermath: Life in the Fallout of the Third Reich, 1945-1955 marshals a plethora of facts and critical skills of historical writing to portray the postwar “country’s stubborn inclination toward willful delusion.”

Thank you for indulging my brief tirade. Catholic League President Bill Donohue also came to the defense of Pope Benedict by shedding some light of historical context on the matter.

Hope Is Its Own Fulfillment

But back to Father Maximilian Kolbe. On the day of Pornchai’s Baptism, I responded to his question. I told him, “YOU are Maximilian’s happy ending!” Eighty-one years after his martyrdom at Auschwitz, the world honors him while the names of those who destroyed him have simply faded into oblivion. No one honors them. No one remembers them. God remembers. Their footprint on the Earth left only sorrow.

St. Maximilian Kolbe is the reason why I was compelled to set aside my own quest for freedom — which seemed utterly hopeless the last time I looked — in order to do what Maximilian did: to save another.

In all the anguish of the last two years as deliverance and freedom slowly came to Pornchai Moontri, the clouds of the past that overshadowed him began to lift. My prayer had been constant, and of a consistently singular nature: “I ask for freedom for Pornchai; I ask for nothing for myself.”

I am no saint, but that is what St. Maximilian did, and it seemed to be my only path. But since then that 2013 quote atop this post from The Wall Street Journal's Dorothy Rabinowitz has once again become my reality. As you know if you have been reading these pages in recent weeks, a frenzy of action and high anxiety has surrounded the recent release of the New Hampshire ‘Laurie List,’ known more formally as the Exculpatory Evidence Schedule. If you somehow missed the earthquake that struck from Beyond These Stone Walls in January, I wrote about it in Predator Police: The New Hampshire ‘Laurie List’ Bombshell. 

I am most grateful to readers for making the extra effort to share that post. It was emailed by Dr. Bill Donohue to the entire membership of the Catholic League for Religious and Civil Rights. It indeed came as a bombshell to me and to many. Just as the frenzy began to subside, Ryan MacDonald stirred it up again in his brilliant analysis with a very pointed title: “Police Misconduct: A Crusader Cop Destroys a Catholic Priest.”

I am not entirely sure that “destroys” is the right term to use, but I understand where he is coming from. To survive twenty-eight years of wrongful imprisonment means relegating a lot of one’s sense of self to the ash heap of someone else’s oppression. Many of those who spend decades in prison for crimes they did not commit lose their minds. Many also lose their faith, and along with it, all hope.

I have to remind myself multiple times a day that nothing is a sure thing anymore — neither prison nor freedom. I keep asking myself how much I dare to trust hope again. To quote the late Baseball Hall of Famer, Yogi Berra, this all feels “like deja vu all over again.”

Deja vu is a French term which literally means “to have seen before.” It is the strange sensation of having been somewhere before, or having previously experienced a current situation even though you know you have not. It is a phenomenon of neuropsychology that I have experienced all my life. About 15 percent of the population has that experience on occasion.

A possible explanation of deja vu is that aspects of the current situation act as retrieval cues in the psyche that unconsciously evoke an earlier experience long since receded from conscious memory, but resulting in an eerie sense of the familiar. It feels more strange than troublesome. I have a lifelong condition called Temporal Lobe Epilepsy (TLE) which makes me prone to the experience of deja vu, but no one knows exactly why.

When Disappointments of the Past Haunt the Present

This time, my deja vu is connected to real events of the past, and the origin of my caution about current hope is found there. If you have read an important post of mine entitled “Grand Jury, St. Paul’s School, and the Diocese of Manchester,” then you may recall this story. In 2003 and 2004, the New Hampshire Attorney General conducted an intense one-sided investigation of my diocese, the Diocese of Manchester. When it was over, the former Bishop of Manchester signed a blanket release disposing of the privacy rights of priests of his diocese.

In 2021, when I wrote the above post, New Hampshire Judge Richard B. McNamara ruled that the 2003 public release of one-sided documents should have been barred under New Hampshire law because it was an abuse of the grand jury system and it denied basic rights of due process to those involved.

At the time this all happened in 2003, a Tennessee lawyer and law firm cited in a press statement that what happened in this diocese was unconstitutional. I contacted the lawyer who subsequently took a strong interest in my own case. He flew to New Hampshire twice to visit me in prison. I sent him a vast amount of documentation which he found most compelling. After many months of cultivated hope, he sent me a letter indicating that he would soon send a Memorandum of Understanding that I was to sign laying out the parameters under which he would represent me pro bono because I have not had an income for decades.

I waited. I waited a long time, but the Memorandum never came. Without explanation or communication of any kind, the lawyer and the hope he brought simply faded away. Letter after letter remained unanswered. It was inexplicable. It was at this same time that Dorothy Rabinowitz and The Wall Street Journal published a two-part exposé, A Priest’s Story, on the perversion of justice that became apparent in their independent review of this matter. Those articles were actually published a few years after they were first planned. This was because the reams of supporting documents requested and collected by the newspaper were destroyed in the collateral damage of the terrorist attacks in New York of September 11, 2001.

Then in 2012, new lawyers filed an extensive case for Habeas Corpus review of my trial and imprisonment. It is still available at the National Center for Reason and Justice which mercifully still advocates for justice for me. However that effort failed when both State and Federal judges declined to allow any hearing that would give new witnesses a chance to testify under oath.

Now, in 2022 in light of this new ray of hope, some of the people involved in Beyond These Stone Walls have expressed frustration with my caution and apparent pessimism. I have not been as enthused as they have been over the hope arising from the current situation. Hope for me has been like investing in the stock market. Having lost everything twice, I am hesitant to wade too far into the waters of hope again.

I know only too well, however, that hope at times such as these is like that which both Pornchai Moontri and I once found in our Patron Saint. I wrote about it in “Saint Maximilian Kolbe and the Gift of Noble Defiance.”

So in spite of myself, I am now aboard this new train of hope and must go where it takes me. That, for now, is the best that I can do. My prayer has not changed. I ask for nothing for myself, but I will take whatever comes.

I thank you, as I have in the past, for your support and prayers and for being here with me again at this turning of the tide. I will keep you posted, but it won’t be quick. Real hope never is.

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Note from Fr. Gordon MacRae:

Thank you for reading and sharing this post. Please visit our newest addition to the BTSW menu: The Wall Street Journal. You may also wish to visit these relevant posts cited herein:

Predator Police: The New Hampshire ‘Laurie List’ Bombshell

Police Misconduct: A Crusader Cop Destroys a Catholic Priest

Padre Pio Witness for the Defense of Wounded Souls

Saint Maximilian Kolbe and the Gift of Noble Defiance

Predator Police: The New Hampshire ‘Laurie List’ Bombshell

Detective James McLaughlin shows up on a previously secret list of dishonest police for falsifying records. In 1994 he falsified the case against Fr Gordon MacRae.

January 19, 2022

I was hoping to find someone else to write this, but information happened fast and time is critical. So I will write it myself even though I have an obvious conflict of interest. At this writing I am in my 28th year of unjust imprisonment. In that time, every avenue of appeal has been exhausted with no hope for justice. All resources for further appeals are also exhausted. And, frankly, so am I.

Many well-meaning friends and readers have nonetheless urged me in recent years to continue to explore and pursue any means to address what seems for most a clear injustice. My 67-year prison sentence — after rejecting plea deal offers to serve one year — just doesn’t sit well with fair-minded, rational people. That seems especially so given that if I were in fact guilty or at least willing to pretend so in 1994, I would have left prison 26 years ago.

From seemingly out of nowhere, a new development has arisen at the start of 2022. I am told that it has the potential to either right a wrong and set me free or simply fade away like all previous endeavors that left me to die in prison. I had come to accept that latter reality. My focus in the last two years, like that of my friend and patron, St. Maximilian Kolbe, was to set someone else free. I am proud of that accomplishment. It is all I have to show for this injustice. Then, at the very close of 2021, a bombshell exploded on New Year’s Eve.

The New Hampshire LEACT Commission

I received a message that day from an old friend, Joseph Lascaze. Like Pornchai Moontri, Joseph went to prison at age 18. Also like Pornchai, he accomplished something extraordinary in that time. After a few aimless years lost in an aimless prison system, Joseph fought against many obstacles to educate himself. Over those years, he became a close friend to both me and Pornchai. Prison is not a good place to grow up, but Joseph did, and in spite of all obstacles he became an exemplary citizen and gifted young man.

Joseph was released in 2019 and is today the “Smart Justice Campaign Manager” for the New Hampshire Chapter of the American Civil Liberties Union (ACLU). He also serves by invitation of NH Governor Christopher Sununu on the Governor’s LEACT Commission (Law Enforcement Accountability, Community, and Transparency). Joseph has been well received and even honored by New Hampshire law enforcement for his candor and unprecedented contributions to this Commission.

Among many other projects, Joseph has worked with LEACT to make public a previously secret document held by the NH Attorney General entitled the “Exculpatory Evidence Schedule.” It is more popularly known as the “Laurie List” named for the judicial ruling that created it. The ACLU, along with several NH media outlets, sued the state under the Freedom of Information Act to make the list public.

Joseph’s New Year’s Eve message was read to me by another friend who noted that Joseph attached an article he urgently wanted me to see. The article, by Damien Fisher at InDepthNH.org, was “AG Hides Some ‘Laurie List’ Names Hours After Release.” In short, the ACLU lawsuit settlement dictates that the secret ‘Laurie List’ is now to be a public list.

The potential bombshell for me is this: It turns out that Keene, NH Detective James F. McLaughlin, who choreographed the case against me in 1994, was sanctioned and placed on the list for “Falsification of Records” in 1985, nine years before my trial. Another recent InDepthNH article by Nancy West,entitled “AG Removes 28 Names From ‘Laurie List’ of Dishonest Police Outside the Law,” describes what this development potentially means:

“Officers placed on the list sustained discipline for dishonesty, excessive force, or mental illness in confidential personnel files .... If a criminal defendant finds out that such evidence existed, even many years later, he or she can petition the court for a new trial or try to have the charges dropped altogether.”

InDepthNH, November 24, 2021

More than a half century ago, the U.S. Supreme Court ruled in ‘Brady v. Maryland’ that criminal defendants must receive all exculpatory evidence or their conviction could be overturned or vacated entirely.

The Suppression of Exculpatory Evidence

Needless to say, neither I nor my defense were made aware of the 1985 falsification of records infraction against Detective McLaughlin before my trial. But that was certainly not the only suppression of exculpatory evidence. In multiple police reports prepared by McLaughlin before trial — reports which steered the prosecutor’s case — McLaughlin made repeated references to tape recorded phone calls and interviews from which he made specific claims.

Some of the subjects on those tapes claimed that McLaughlin grossly misquoted them or included statements that they never made at all. Despite a court order to turn those recordings over to my defense, every one of them disappeared before trial. McLaughlin claimed, for example, that a specific tape was “recycled” and a transcript that his report referred to was never made due to a “clerical error.” Years later, McLaughlin sent that same tape to The Wall Street Journal despite the fact that it contained none of what he said it contained. Writing in The Wall Street Journal in 2005, Dorothy Rabinowitz addressed this:

“On the police tape, an otherwise bewildered-sounding Fr. MacRae is consistently clear about one thing — that he in no way solicited [anyone] ... for sex or anything else. ‘I don’t understand,’ he says more than once, his tone that of a man who feels that there must, indeed, be something for him to understand about the charge and its causes that eludes him. . . . He listens as the police assure him that he can save all the bad publicity. ‘Our concern is, let’s get it taken care of, let’s not blow it out of proportion. You know what the media does,’ they warned. He could avoid all the stories, protect the church, let it all go away quietly.”

A Priest’s Story Part 1: The trial, April 27, 2005

There was no evidence at all in the case brought against me in 1994. In New Hampshire — as in many states since the 1980s — no evidence is needed to convict someone accused of a sexual offense. No evidence was admitted at my trial beyond the word of 27-year old accuser, Thomas Grover, a man with a criminal record who stood to gain $200,000 for making the claim.

The story of how that trial unfolded has received much attention over the years. Dorothy Rabinowitz, a Pulitzer-prize winning member of The Wall Street Journal Editorial Board, published two major articles on my trial and its back story in 2005 and a third in 2013 entitled “The Trials of Father MacRae.”

These articles sparked some national interest, but no one could have predicted the tidal wave of accusations against Catholic priests that arose in 2002 and continued until the present day. Other media — including most in the Catholic media — decided to look the other way in any case of injustice against a priest.

Seeking justice has been a steep uphill battle. In 2009, at about the same time this blog began, a new investigator began a fresh look at the case. A decorated career FBI Special Agent Supervisor, he ended his investigation in 2012 concluding, bluntly:

“In my three year investigation of this matter, I found no evidence that MacRae committed these crimes or any crimes. Indeed, the only ‘evidence’ was the statements of Thomas Grover which have been discredited by those who were around him at the time including members of his own family.”

Affidavit of former FBI Special Agent Supervisor James Abbott, Ret.

Alarming New Evidence Alarmingly Ignored

When no evidence is needed to put a man in prison there is no evidence to dismantle or challenge. Nonetheless, Mr. Abbott’s investigation uncovered many things, including allegations of misconduct by Detective James McLaughlin. New witnesses were interviewed and they bravely came forward to write and sign statements in the case. Their evidence is profiled by David F. Pierre at The Media Report under the title, “Alarming New Evidence May Exonerate Imprisoned Priest.”

Among the many statements described and quoted there is one from Steven Wollschlager obtained by the Investigator. Steven, facing a drug charge, described being summoned to the office of Detective McLaughlin where, he alleges, he was offered a direct monetary bribe in exchange for a fabricated accusation against me. He was given $50 in cash and told that “a large sum of money” could be obtained in a civil suit. “Life could go a lot easier for you with a large sum of money,” McLaughlin allegedly said.

Steven wrote that the detective “knew I was using drugs at the time and could have been influenced to say anything for money.” Enticed by the prospect, Steven agreed to come up with a fabricated claim. He then received a summons to appear before a Grand Jury to help bring a new indictment. It was a testament to his integrity that his conscience, instead of the proffered bribe, became his guide. He decided that he could not do this “to someone who only tried to help me.” He was then told to go away because “we won’t be needing anything more from you.”

I write that these witnesses “bravely” decided to come forward because some of them were threatened by Detective McLaughlin before my trial. One witness, former drug abuse counselor Debra Collett who treated Thomas Grover, denied that he accused me during therapy sessions as he alleged. She described being “bullied,” “coerced,” “overtly threatened” by this detective when she would not say what he wanted to hear. “I will come to your house and physically drag you out of it,” she was told.

Ms. Collett described that the entire interview was recorded, but that tape, like other exculpatory evidence, “disappeared” before my trial. It is shocking that judges reviewing my appeals declined to even hear from these witnesses. Innocence Project founders Barry Scheck and Peter Neufeld described how such misconduct by police was sometimes covered up by judges. From their acclaimed book, Actual Innocence:

“For 64 percent of DNA exonerations analyzed by the Innocence Project, misconduct by police or prosecutors played an important role in the convictions. Lies, cheating, distortions at the lower levels of the system are excused at the higher ones.”

Barry Scheck, Actual Innocence, p. 225

That is exactly what happened when my habeas corpus appeal and its accompanying memorandum of Law was filed in 2012. One judge after another summarily declined to hold any hearing that would give these witnesses a chance to go on record. One possible reason for this is that Detective McLaughlin has brought forward hundreds of cases with an almost 100-percent conviction record through offers of lenient plea deals.

I believe judges are reluctant to deal with the “Pandora’s Box” of challenged convictions if this officer’s challenged integrity becomes public. I wrote more about this in a March 2021 post, “Wrongful Convictions: The Other Police Misconduct.”

I was entirely demoralized by the judicial lack of regard for truth and due process in this story. A witness, who directly accused a sworn officer of offering a bribe to suborn perjury before a grand jury has been simply ignored and silenced. I saw no further path if judges can willfully decline to hear such testimony.

So my attention turned then to assisting my friend, Pornchai Moontri, whose plight was even more brutally unjust than my own. I made a promise to him, to myself, and to God that I would use whatever time I had left in life to do all I could to bring forward the truth of his situation and free him.

With help from readers, I did just that. The person who arranged for him to be brought here from Thailand at age 11 — only to be horrendously exploited and sexually abused — was found and brought to justice in 2018. He pled “no contest” to forty felony charges of sexual assault of a minor in Penobscot (Maine) Superior Court in September 2018, but was sentenced (are you sitting down?) to zero prison time and 18 years probation.

I had no reason left to expect anything even remotely resembling justice from our justice system. But then, yet another ray of hope surfaced just at the dawn of a new year.

I do not know what to do. The prospect of possibly emerging as a free man after over 27 years unjustly in prison is daunting. The very infrastructure of my life has long since disintegrated. Even in prison I remain a priest, but in freedom I doubt that my bishop would do anything to help me. I will be 69 years old in April, 2022. At the age at which most people plan for retirement, I would be faced with starting life anew. But how? Where? Would I now be required to sacrifice priesthood for freedom?

It will be many months before there is clear direction on what comes next. I will keep you posted ... .

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ANNOUNCEMENTS:

Please visit our new “Documents” section in the Navigation Bar for more information about this story. Please also share this post. You may be interested in the following relevant posts:

Wrongful Conviction: The Other Police Misconduct

The Trials of Father MacRae by Dorothy Rabinowitz

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

LEACT commissioners include, from left, Rep. David Welch, Joseph Lascaze, John Scippa, Hanover Police Chief Charlie Dennis, and Lt. Mark Morrison of Londonderry.

For The Lovely Bones Author Alice Sebold, Justice Hurts

Acclaimed author Alice Sebold was traumatized by a violent rape at age 18 and then again 40 years later when she learned that an innocent man went to prison for it.

January 12, 2022

Some years back, in an earlier version of this blog, I had a practice of honoring writers whose works carried me through long holiday weekends of extended confinement. I called it “The Stuck Inside Literary Award.”

Among the great writers I cited were Graham Greene for The Power and the Glory, J.R.R. Tolkien for The Lord of the Rings, Patrick O’Brian for Master and Commander (and 21 other titles in his Aubrey-Maturin Series), Taylor Caldwell for Dear and Glorious Physician, Fr. Michael Gaitley for The Second Greatest Story Ever Told, Tom Clancy for The Hunt for Red October (and 22 other titles in his Jack Ryan Series), and Alice Sebold for The Lovely Bones.

These books and writers took me out of prison for journeys into history, adventure, espionage, mythology, Sacred Scripture, and, in that last on my list, a journey into a traumatized writer’s soul. I cannot fathom today what exactly brought me to read The Lovely Bones by Alice Sebold. A New York Times Book Review described it as the story of a 14-year-old girl, a victim of rape and murder, who narrates the tale from Heaven while pondering the fate of her family, her friends, and her killer.

I was in equal measure horrified and hopeful. I suppose that was partly out of empathy. I was living in prison with someone who had been such a victim. For 15 years I prayed and hoped to restore for my friend some of the humanity, safety, trust, and well being that had been taken from him. He did not die, but sometimes he wished he had. His soul had nonetheless been nearly slain and I was his last hope to restore that too. But it was ultimately this review by Ron Charles in the Christian Science Monitor that caused me to take up The Lovely Bones:

“Don’t start The Lovely Bones unless you can finish it. The book begins with more horror than you can imagine, but closes with more beauty than you could hope for ... Alice Sebold has done something miraculous here.”

I was skeptical, but at the time I was also seeking a breakthrough for my friend. How could any writer take such a story and turn it into something redemptive? I had friends whose life experiences included sexual trauma and some of them also read The Lovely Bones on my recommendation. One described it as “mesmerizing.” Katherine Bouton at the New York Times Book Review wrote that Alice Sebold treated an “almost unthinkable subject with a kind of mysterious grace.” One friend told me that she found healing and peace in it.

So I brought it back from the prison library one day and read it, stunned and mesmerized, over one long weekend in 2017. I could not put it down. Then I wrote this brief review of it in a 2017 post:

“During the seemingly endless Independence Day week in July, we were all trapped in an eight-man cell and locked in with no outside at all for several days. And they were very hot days. Suffice it to say, it was an ordeal.

“But it was made far less so by a riveting book that took me far beyond my own woes. The book is The Lovely Bones by Alice Sebold. I have since suggested this novel to some who could not read it — at least, not yet. I have never before come across an author who can take a topic as spiritually brutal as the loss of a child and turn it into an awe-inspiring tale of redemption.

“It’s a tough story about the rape and murder of a 14-year-old girl who narrates the account from Heaven. It is not easy to read — at least, not in its beginning, and it was made more difficult still by my knowledge that the author is herself a survivor of rape as a young adult.

“From the sheer depths of such pain and loss, Alice Sebold has crafted an astonishing novel that finds light in the darkest of places. I don’t want to say more. The recipient of my ‘These Stone Walls annual Stuck Inside Literary Award’ is Alice Sebold for The Lovely Bones. I bow in humble awe of both her burden and her gift.”

Alice Sebold’s “Lucky” Memoir

But now I must say more, for Alice Sebold’s story has taken turns even darker still. After reading The Lovely Bones, I ordered a copy of Sebold’s acclaimed memoir, Lucky (Little, Brown & Company, 1999). I had already known, from the jacket of her novel about her trauma at age 18. I wanted to understand the writer who could create that fictitious tormented teenage girl in The Lovely Bones and place her in a state of redemption while leading her readers there as well.

“Lucky” did not spare me at all. The first dozen pages were a courageous but horrific account of the brutality suffered by Sebold in real life during one night on an innocent walk in a Syracuse, New York park. I shook with rage as I forced myself to read what she had endured and somehow survived. She chose “Lucky” as her title for the memoir because that was what police said to her as she recounted the crime. She was “lucky” because a previous rape victim had been murdered.

Just days earlier, I had spent an all-nighter in my cell with my friend and roommate as he articulated through sobs, for the first time in his life, the horror inflicted on him as a 12-13 year-old child brought to America from Thailand against his will. The degrading humiliation of violent sexual assault occurred as many as 40 times before he escaped to a life of homeless despair at age 14.

Because I wrote about that story, his abuser was finally brought to justice in 2018, but one could hardly call it “justice.” After a plea of “no contest” to forty felony counts of rape, that man was sentenced to zero time in prison and eighteen years probation. Then he returned to his lakeside Oregon home. Let that sink in.

I shook with rage then too. Though my friend was not murdered, his mother was. It happened on the Island of Guam when she learned of what he suffered and resolved to expose the perpetrator. You have read this story. I wrote it myself in “Human Trafficking: Thailand to America and a Cold Case in Guam.”

Ms. Sebold was a freshman at Syracuse University when her brutal attack took place. Perhaps the most chilling scene in Lucky came six months later when she spotted her rapist walking happily along a downtown Syracuse street. They made eye-contact, and he smiled as he walked toward her. “Don’t I know you from somewhere?” he said. As I read, I found myself willing her to run and scream. There was a police officer nearby, but Alice was silently frozen in time and space before fleeing. Of this scene, she wrote:

“I knew him but I could not make myself speak. I needed all my energy to focus on believing that I was not under his control again. . . He had no fear. It had been nearly six months... since I lay under him in a tunnel on a bed of broken glass. He was laughing because he had gotten away with it, because he had raped before me, and because he would rape again. My devastation was a pleasure for him.”

Lucky, p. 103

She turned a corner as she quickly walked away, then she looked over her shoulder to see him nonchalantly chatting with the police officer. She was to have a seminar that afternoon with the famous author, Tobias Wolff. She fled toward the school to tell him that she could not attend. When she explained that she was going to the police, he wisely advised her to “Remember everything!” Recounting this, she wrote that she had read Wolff’s own story in This Boy’s Life, and learned from it. I read it too, and learned the same lesson Alice learned . . .

“ That memory could save, that it had power, that it was often the only recourse of the powerless, the oppressed, or the brutalized.”

Lucky, p. 106

I was stricken by this. After over 27 years as a wrongly convicted prisoner, I felt a strange solidarity with Alice as I read of her ordeal. I was willing her to not shrink from that awful night, not to suppress its pain, but rather to imprint upon her memory every detail. As our readers know, another famous writer once impressed the same upon me as she wrote in “The Trials of Father MacRae” (Dorothy Rabinowitz, The Wall Street Journal, May 13, 2013):

“MacRae has no difficulty imagining any possibility, fitting for a man with encyclopedic command of the process that brought him to this pass: every detail, every date, every hard fact. Still, after two decades this prisoner of the State remains, against all probability, staunch in spirit, strong in the faith that the wheels of justice turn, however slowly.”

When Justice Itself Is Raped

The year was 1981. After talking with Tobias Wolff, Alice went immediately to the campus library where she laid out in writing and a sketch every detail of what she experienced and saw on the street that day. University and City of Syracuse Police arrived. There was a quick dispute about jurisdiction, then Syracuse police headed to the location of the sighting to effect an arrest. “We’re gonna get this puke,” vowed one of the officers.

In her memoir, Lucky, Alice Sebold gave the suspect — soon to be a defendant — a pseudonym, Gregory Madison. His real name was Anthony Broadwater, an African American man. He was 21 then and is 62 today. Charged with rape, robbery and assault after eyewitness identification by Sebold, Broadwater entered a plea of not guilty and maintained his innocence throughout the hasty two-day trial but was convicted by a judge. He had waived his right to a jury trial. Beyond the eyewitness identification, the only other evidence against him was a hair sample taken from the crime scene. After conviction, he was sentenced to 25 years in prison.

By the time the case went to trial, Sebold was 19 and Broadwater was 22. As he was led off to prison, Alice was finally paroled from her own prison. She was finally free of the post-traumatic reaction when approached by any young black man. She could finally walk the streets of Syracuse without constantly checking over her shoulder. Anthony Broadwater spent the next 16 years in the notorious New York State Prison system serving brutal time in Attica and Sing Sing. A convicted sex offender, it was now his turn to look over his shoulder, every moment fearing the harsh reprisals that often come to those in prison deemed guilty of such crimes. It was now Anthony’s turn to be traumatized.

There was just one problem: Anthony Broadwater was entirely innocent of this crime, or any crime. He had no connection at all with the vicious rape of Alice Sebold. As a young african American man, a population grossly over-represented in America’s prisons, Broadwater lacked the resources to successfully fight a wrongful conviction. His only asset was his own inner integrity. He was denied parole five times because he would not admit guilt.

Decades after the horrible crime that now had two victims, forensic science formally rejected the legitimacy of hair analysis as evidence of guilt. The only other evidence was Alice Sebold’s eyewitness identification, but a big red flag was ignored by police. After the chilling scene of spotting the man she believed to be her rapist from twenty feet away on the street that day, Alice later picked the wrong man out of a police lineup from just ten feet away. The police, believing that they had their suspect, simply ignored the lineup snafu.

The scene on the street, recounted from Sebold’s memoir cited above, turned out to be a grave misunderstanding that required a parallax view — a view of the same scene from another angle. It turned out that Mr. Broadwater was not looking at or calling out to Alice Sebold, but rather was looking past her calling to the young police officer standing about twelve feet behind her. He was the officer she saw him chatting with as she fled down a side street in terror. When this case was revisited forty years later, the officer, long since retired, verified that he knew Mr. Broadwater and recalled that conversation with him.

The unjust tragedy to befall Anthony Broadwater was not only sixteen years of unjust imprisonment, but rather the twenty-two years that followed. He lived those years in another kind of prison, victimized yet again by having his name and identifying information on the draconian public sex offender registry. This prevented him from ever securing meaningful employment, public acceptance, or even secure housing. He was turned away from every job he applied for, and worked only odd jobs and hauling debris. Desperate, he registered for vocational classes in HVAC but was barred from campus. Mr Broadwater recounted those years:

“It’s hard to have that stigma on your back. Hard and shameful. You don’t want to be introduced to anybody. To this day, I can count on two hands how many people have invited me into their house.”

Anthony Broadwater went to prison in 1981 and was exonerated at the end of November 2021. The story was first reported in The Post Standard at Syracuse.com by staff reporter Douglass Dowty. His moving article, “Behind the ‘Lucky’ exoneration: 2 lives filled with pain and a man’s 40-year fight for justice” swept the country in the weeks before Christmas.

My Own Parallax View

What am I to make of this story? As a wrongfully convicted man who has served over 27 years in prison for a crime that never took place, I am torn in my empathy for both victims of this tragedy. I am horrified by what happened to Anthony Broadwater, but we are losing our humanity if we are not at least equally horrified by what happened to Alice Sebold.

None of this was her fault and I do not see what she could have done differently. It is not up to a traumatized 18-year-old to solve and investigate crime. This egregious failure of the justice system is not her’s to grieve. But grieve she does. Putting the now discredited junk science of hair analysis before the jury was not her fault. The wrongful eyewitness identification was not her fault. In cases that have resulted in irrefutable DNA exoneration, some 70-percent involved convictions based upon faulty eyewitness identification. This was — or should have been — well known to police in 1981. In “U.S. v. Wade,” a 1967 case, Supreme Court Justice William Brennan wrote:

“The vagaries of eyewitness identification are well known; the annals of criminal law are rife with instances of mistaken identification.”

A part of my own grief over this story is that Alice Sebold has been victimized once by the unknown rapist who so devastated her life; once by the false notion over 40 years that she has been safe from this evil attacker only to learn that he could have been lurking in the near distance for all that time; and finally a third victimization from living with the knowledge that her testimony so grievously harmed an innocent man because all investigation ended when she pointed in her trauma at the wrong guy.

I have also been where Anthony Broadwater has been. I am, in fact, there right now. I know from his grueling experience that the same fate would befall me if I ever left prison without being exonerated. At age 69, I too would be forced onto a lifelong public registry of shame. As such, I would never be allowed to serve, or even identify, as a priest. My bishop and the wider Church would exercise their one-size-fits-all solution, and simply discard me forty years after my own claimed offenses which never actually happened at all. Even when prison is over, it is never truly over. This is why our “ABOUT” page proclaims:

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

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Urgent note to readers: Next at Beyond These Stone Walls we will unveil a bombshell revelation that could deeply impact Father Gordon MacRae and the remainder of his life and priesthood.

You may also like to visit these relevant posts at Beyond These Stone Walls:

Wrongful Convictions: The Other Police Misconduct

Walking Tall: The Justice Behind the Eighth Commandment

NEW: Documents in the Father Gordon MacRae Case