Follow the Money: Another Sinister Sex Abuse Grand Jury Report

OSV News photo/George P. Matysek Jr., Catholic Review

Targeting Holy Week and Easter, Maryland Attorney General Anthony Brown released a grand jury report on unproven decades-old claims of abuse by Catholic priests.

April 26, 2023 by Fr. Gordon MacRae

In Baltimore, Maryland, excluding the rest of the state, there were 1,018 victims of gun violence in 2022. Of that number, 338 are classified as homicides in Baltimore City alone. There have been 80 additional homicides in the first three months of 2023. The State of Maryland currently has 74 unsolved cold case homicides. And yet, the Maryland Attorney General invested vast resources in a grand jury report released this year just as Catholics the world over prepared to honor Holy Week and Easter. The Wall Street Journal carried the story on Holy Thursday by journalists Scott Calvert and Jon Kamp headlined: “Baltimore Archdiocese Long Allowed Abuse of Children, AG’s Report Says.” The article opened with a paragraph now painfully familiar to U.S. Catholics:

“BALTIMORE — Scores of priests and other people affiliated with the Archdiocese of Baltimore sexually abused hundreds of children over more than 60 years, and church officials often protected the perpetrators while keeping their crimes a secret, Maryland’s attorney general said in a new report.”

News coverage of the recent grand jury indictment of former President Donald Trump by New York City District Attorney Alvin Bragg has illuminated the grand jury process with lots of commentary by legal minds. You have likely heard it said that “a grand jury could indict a ham sandwich.” It means that a grand jury is an entirely one-sided prosecutorial affair. There is no cross-examination of witnesses, no testimony from the accused, often even no testimony from an accuser, and no defense of any kind. If the legal process stops there, as it did in the Maryland Grand Jury Report, accusations alone are the end of the road. Due process of law and the Bill of Rights are rescinded.

The WSJ article went on to point out that of the 156 alleged priestly perpetrators whose names came before this grand jury with accusations dating back to 1940, no one was indicted. Most of the subjects of the report are either long ago deceased or the statute of limitations has long since expired for any legitimate legal prosecution. Anyone who would dismiss this as “just a legal loophole” does not understand the U.S. justice system at all. These rules of due process were not adopted by the Founders to inhibit justice, but to protect it. Some allegations in the report stretch back more than 70 years with not a single claim that is less than two decades old. The report makes no effort to distinguish between allegation and proven conviction.

The WSJ article eventually got to the real agenda behind this story. On the same day the report was released, the Maryland legislature passed a bill that, if signed into law, will eliminate the statute of limitations for sexual abuse claims — not for criminal prosecutions, but solely for civil claims to result in deep-pocket lawsuits for monetary settlements. Maryland Attorney General Anthony Brown has orchestrated a great gift to the state’s tort lawyers each of whom will now stand to amass upwards of forty percent of every settlement or jury award. This is not about real abuse or real victims of abuse.

The legislation caps settlements or damage awards for private institutions at $1.5 million per claim. A lawyer who extorts such settlements could pocket up to $600,000 for each claim filed from hereon. Public institutions — such as public schools which receive a vastly larger number of abuse claims — are typically exempt from such legislation. The bill’s foremost target is the Catholic Church, an unjust reality that I once wrote about in a centerpiece article for Catalyst, the Journal of the Catholic League for Religious and Civil Rights, entitled, “Due Process for Accused Priests” (July/August 2009).

How an Attorney General Becomes a Governor

The Maryland Grand Jury Report is a mirror image of a similar report published in 2018 by then Pennsylvania Attorney General Josh Shapiro who, in 2022, was predictably elected Governor. I wrote of that report and its shocking historical precedent in, “Attorney General Josh Shapiro and Joseph Goebbels in ‘The Reckoning.’”

After its initial shock value, and after its political rewards were reaped, the 2019 Pennsylvania Grand Jury Report was widely exposed as a slanted and deeply unjust application of law. I expect the same will follow closer examination of the Maryland report. One journalist who has dismantled the credibility of the former is David F. Pierre, Jr., moderator of The Media Report and the author of four published books on the sexual abuse narrative in the Catholic Church. His most recent, The Greatest Fraud Never Told, is subtitled, False Accusations, Phony Grand Jury Reports, and the Assault on the Catholic Church. Here is an excerpt:

“No other episode in the Catholic Church sex abuse story has more epitomized the reality of ‘groupthink’ mentality than the Pennsylvania grand jury report.... Attorney General Josh Shapiro stood before an enormous throng of national and international media to make the incredible claim that ‘over 300 priests’ in Pennsylvania had sexually abused ‘over 1,000 children’ in the last several decades while Church officials ‘did nothing’ and ‘covered it all up’.”

— The Greatest Fraud Never Told, p. 34

Dave Pierre went on to describe how ‘every action by Shapiro was a masterful stroke of public relations media exposure to enhance his own public profile’ as he prepared to run for higher office:

“Shapiro called a local poster company to create a new, official-looking seal to be placed behind him as he broadcast his grand jury report to the world. Whereas the official seal of his office displayed ‘Commonwealth of Pennsylvania’ along the top and ‘Office of the Attorney General’ along the bottom, Shapiro not only flipped them, but replaced the words with ‘Attorney General Josh Shapiro’ so everyone across the globe could now easily see his name behind his head as he stood at the podium.”

— The Greatest Fraud Never Told, p. 34

The Democratic Party has since thrown Josh Shapiro’s name out as a potential future White House contender. In just about every jurisdiction where a similar grand jury report was constructed and released to the public slamming the Catholic Church, the exploitation of an upward political trajectory was its unstated goal. David Pierre went on in his book to ask a most important question: “Were the claims from Shapiro’s grand jury report actually true?” “In a nutshell,” he wrote, “No, not at all.” He offers a simple explanation of what a grand jury is and does:

“A ‘grand jury report’ is simply a report written by government attorneys with a predetermined outcome. The folks in the [grand jury] are merely a formality, window dressing to make the entire matter legal. The jury does not actually investigate a case, question witnesses, or scrutinize all sides of a story. It simply listens to one-sided proceedings orchestrated by prosecutors. There is no fact-checking, no cross examination, and no due process.”

— The Greatest Fraud Never Told, p. 35

How Grand Jury Reports Defeat Justice

Multiple states have had grandstanding prosecutors harboring political ambitions propelled forward with sensationalized grand jury reports that singled out the Catholic Church and priesthood as some sort of special arena of historical child sexual abuse. But as my title implies, we should follow the money for an understanding of what drives this.

New Hampshire, the state from which I write, has been no exception. In 2003, a grand jury report here caused much damage to the state of due process for priests accused when the local Catholic bishop waived the rights of all the accused without their knowledge.

But when a New Hampshire attorney general went on to apply the same to a grand jury report on a local prestigious prep school with an alumni list that looks like a Who’s Who of Washington insiders, a local judge blocked publication of that grand jury report. In so doing, the judge acknowledged that a similar grand jury report on my diocese, the Diocese of Manchester, should never have been published regardless of a Bishop’s signature waiving our due process rights.

NH Superior Court Judge Richard B. McNamara explained why in his Order entitled, “Re, Grand Jury, No. 217-2018-CV-00382.” This is a story that I wrote about in a widely read 2019 post, “Grand Jury, St. Paul’s School, and the Diocese of Manchester.”

The following are pertinent excerpts from Judge McNamara’s Order:

• “The grand jury is one of the oldest institutions of Anglo American law, and to some extent, one of the most problematic. The United States Supreme Court recently rejected the traditional view of the grand jury as an arm of the courts, describing it as a separate institution that has not been ‘textually assigned’ to any of the three branches of government described in the federal Constitution.

• “The original purpose of the grand jury was not only to increase the number of criminal prosecutions but to enhance the King’s authority and indirectly to increase revenue for the Crown which received the property forfeited by persons accused of crimes. But by the 17th Century, English grand juries had begun to act as an institution that could shield the innocent from unfounded charges. By the time of the American Revolution, English law characterized the grand jury as one of the principal protections against arbitrary government prosecution.

• “Yet by the middle of the 19th Century there was no longer a consensus regarding the value or appropriate function of the grand jury.... The late 19th Century concern that grand juries were inquisitorial procedures that pose a threat to individual liberty was reflected in language that the Constitution did not require states to institute felony prosecutions by grand jury and suggested that the earliest grand juries were little more than a mob.

• “The prevailing view of the federal courts is that grand juries have no common law authority to make accusations against individuals falling short of an indictment... 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.

• “The Florida Supreme Court described a grand jury report finding a public official guilty of wrongdoing without affording him a trial as ‘not far removed from, and no less repugnant to traditions of fair play, than lynch law.’ (Report of Grand Jury, 93 So. 2d 99, 102 (Fla. 1957).

• “In the public mind, accusation by report is indistinguishable from accusation by indictment and subjects those against whom it is directed to the same public condemnation ... as if they had been indicted. An indictment charges a violation of a known and certain public law, and is but the first step in a long process in which the accused may seek vindication through exercise of the right to a public trial, to a jury, to counsel, to confrontation of witnesses against him, and, if convicted, to an appeal. … A [grand jury] report, on the contrary, is at once an accusation and a final condemnation. Its potential for harm is incalculable.

• “[This] Court respectfully disagrees with the [2003] decision to approve the [New Hampshire] Diocese-OAG Agreement [which] 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.

• “Mark Twain famously said that a lie is half way around the world while the truth is putting on its shoes. In an internet age, he might have added that the lie will forever outrun the truth as search engines become ever more efficient. An allegation of wrongdoing or impropriety based upon half-truths, illegally seized evidence or rumor, innuendo or hearsay may blight an individual’s life indefinitely.

• “Accordingly, the Court DENIES the Office of the Attorney General Motion. The Attorney General may not produce any report that contains any material produced to the grand jury through subpoena or testimony or that is characterized as a ‘Grand Jury Report.’”

— Presiding Justice Richard B. McNamara August 12, 2019

Just two weeks before Judge McNamara issued that Order and published it, Bishop Peter A. Libasci of the Diocese of Manchester, of his own accord, published a list of 73 priests who had been accused and condemned in the 2003 Diocese of Manchester Grand Jury Report. Most of the priests on the list were long since deceased. None of them were afforded constitutional due process. Bishop Libasci cited “transparency” as his motive for publishing this list.

The motive of Maryland Attorney General Anthony Brown for releasing his one-sided report as Catholics observed Holy Week and Easter seems clear. What is less clear is the legal basis for such a report and especially for widely publishing it. The Maryland Attorney General’s Grand Jury Report should be seen in light of all of the above.

A lot of people, primarily lawyers and claimants, will profit greatly from this latest official state government travesty of justice, but it should not be the basis for whether or how you exercise your faith, or your membership in this Mystical Body that we call a Church. It should also never be the source of your own determination of any priest’s guilt or innocence.

This story is, as David F. Pierre Jr. has described it, The Greatest Fraud Never Told.

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To our readers: Thank you for reading and sharing this important post. Next week at Beyond These Stone Walls it is our privilege to welcome an internationally known expert in Canon Law on due process crisis in the priesthood. It is an excellent sequel to this post.

You may also be interested in these related links that beg to be read and shared:

Attorney General Josh Shapiro and Joseph Goebbels in ‘The Reckoning’

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

The Lying, Scheming Altar Boy on the Cover of Newsweek

And Follow David F. Pierre, Jr. at TheMediaReport.com

The Eucharistic Adoration Chapel established by Saint Maximilian Kolbe was inaugurated at the outbreak of World War II. It was restored as a Chapel of Adoration in September, 2018, the commemoration of the date that the war began. It is now part of the World Center of Prayer for Peace. The live internet feed of the Adoration Chapel at Niepokalanow — sponsored by EWTN — was established just a few weeks before we discovered it and began to include in at Beyond These Stone Walls. Click “Watch on YouTube” in the lower left corner to see how many people around the world are present there with you. The number appears below the symbol for EWTN.

Click or tap the image for live access to the Adoration Chapel.

The following is a translation from the Polish in the image above: “Eighth Star in the Crown of Mary Queen of Peace” “Chapel of Perpetual Adoration of the Blessed Sacrament at Niepokalanow. World Center of Prayer for Peace.” “On September 1, 2018, the World Center of Prayer for Peace in Niepokalanow was opened. It would be difficult to find a more expressive reference to the need for constant prayer for peace than the anniversary of the outbreak of World War II.”

For the Catholic theology behind this image, visit my post, “The Ark of the Covenant and the Mother of God.”

The Media Report: Catholic Priests Falsely Accused

David F. Pierre, Jr. is a widely acclaimed author on the Catholic abuse story. One of the cases presented in his book, entitled above, is that of Fr. Gordon MacRae.

October 19, 2022 by David F. Pierre, Jr.

A Message from David F. Pierre, Jr.:

“When I published my book Catholic Priests Falsely Accused over a decade ago, I never thought that the contents would still reverberate today and that the chapter on the case of Fr. MacRae would especially impact its readers. Since the book was released, there have been numerous additional revelations further vindicating Fr. MacRae — as Beyond These Stone Walls has compiled — and I consider the chapter just one piece of many chronicling the many important aspects of the case.”

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The case of Father Gordon J. MacRae — from the Diocese of Manchester (New Hampshire) — falls into a category all its own. No single case in the Catholic Church abuse narrative has been more feverishly debated. The case has bitterly polarized observers for several years. There are those who maintain the priest’s guilt and those who forcefully assert his innocence.

Since 1994, Fr. MacRae has been incarcerated in the New Hampshire State Prison for Men. On September 23, 1994, a jury convicted the priest of repeatedly molesting a teenage boy during counseling sessions and elsewhere. A judge later sentenced the cleric to 67 years in prison.

Fr. Gordon vehemently asserts his innocence and claims that he is falsely accused. With the help of outside supporters, an old typewriter, and the use of traditional postal mail, Fr. MacRae authors BeyondTheseStoneWalls.com from his small prison cell. Fr. MacRae utilizes the blog not just as a forum to assert his innocence. He also posts thoughtful spiritual and theological commentary. BeyondTheseStoneWalls.com is truly a compelling venue on the Internet.

What are the facts in this controversial case? Those who believe Fr. Gordon’s guilt is demonstrable gesture to reams of court documents and articles available at an anti-Church watchdog site. However, as with so many other cases, there is an alarming opposite side to Fr. MacRae’s narrative that has not been widely told.

The criminal conviction of Fr. Gordon in 1994, which would catapult him to his sentence of 67 years in prison, rested on the uncorroborated testimony of one individual. The man’s name is Thomas Grover [who at this writing is 55 years of age]. Amazingly, two of Thomas’ brothers and two other men — known to the Grover boys — also accused Fr. Gordon of molesting them. Yet only the claims of Thomas Grover would be the subject of an actual criminal trial.

It is certainly a matter of debate whether the justice system yielded a fair trial for Fr. Gordon. Although the accuser Grover had a lengthy juvenile and adult criminal history of “theft, assault, forgery and drug offenses,” the presiding judge, the Hon. Arthur D. Brennan, did not allow the priest’s defense to present this as evidence. Had the judge allowed this important information, the jury may have examined Grover’s claims a bit more critically.

Indeed, Thomas Grover’s accusations were quite untenable. According to the court testimony of Grover, Fr. Gordon repeatedly sexually assaulted him about a decade earlier during four different counseling sessions in 1983, when he was fifteen years old. Asked at trial why he would repeatedly return week after week to counseling sessions at which he had been previously attacked, Grover testified that he had “repressed” the memory of the experience after each assault. He claimed that he had an “out-of-body experience” which resulted in him completely forgetting the fact that he had been victimized during the previous visit.

In addition, according to trial testimony, when Grover attended a drug treatment center in 1987, he told a counselor that his father had abused him. Grover did not cite the priest as an abuser. In fact, the accuser identified the priest by name to his counselor in only one instance. Grover wrote Fr. MacRae’s name on his discharge contract indicating that the priest would be his sponsor in sobriety. She reported that Grover went on in therapy to accuse so many people of sexually abusing him that the staff thought “he was going for some kind of sexual abuse victim world record.” But he never accused Fr. MacRae.

In a previous deposition under oath, Grover made more bizarre claims about Fr. Gordon, one of which was that the priest had chased him with a car. “And he had a gun,” the accuser added, “and he was threatening me and telling me over and over that he would hurt me, kill me, if I tried to tell anybody, that no one would believe me. He chased me through the cemetery and tried to corner me.” However, at Fr. MacRae’s trial, the prosecution did not call a single witness to corroborate the public spectacle of a priest with a gun in a car chasing a boy through a cemetery.

As the trial progressed, even the prosecution could see that Thomas Grover had serious credibility problems. In the middle of the trial, after Grover’s flimsy appearance, the prosecution offered Fr. Gordon a plea bargain in which the priest would agree to serve only a maximum of two years in jail in exchange for an admission of guilt. It was not the first time the prosecution extended such a generous deal. On two other occasions before the court case — six months before trial and again a week before trial — the state offered plea deals to Fr. Gordon, both of which would ask that he serve no longer than three years in prison. The prosecution would have loved to have seen the priest take the offers.

But Fr. Gordon was adamant. He would not plead guilty to charges that he maintained were false. “I am not going to say I am guilty of crimes I never committed so that the Grovers and other extortionists can walk away with hundreds of thousands of dollars for their lies,” the priest asserted.

The trial progressed, and although Thomas Grover’s testimony may have seemed hard to believe on the surface, the accuser was effectively theatrical during his appearance. He railed against the priest for “forcing” him to withstand the agony of a trial. In addition, during Grover’s testimony, the accuser’s therapist — retained by the man’s contingency lawyer — reportedly coached her former patient while sitting in open view inside the courtroom. Apparently directed by the therapist, Grover became emotional at strategic moments during his testimony. Courtroom witnesses have reported that when Grover was confronted with difficult questions, the therapist would gesture to her patient that he should cry. Grover would then become emotional and dramatic, often leading the judge to call a recess.

Meanwhile, Judge Brennan purposefully ordered the jury to “disregard inconsistencies in Mr. Grover’s testimony.” To the shock of Fr. Gordon, the jury returned with a guilty verdict in less than 90 minutes.

At Fr. Gordon’s sentencing, the prosecution efficiently utilized accusations of abuse charges by other men. Stomach-turning stories of child pornography also impacted the jury. An angry Judge Brennan railed against the convicted priest. He berated the cleric for his “lack of remorse” over his crimes. (Lost on the judge was the fact that the priest forcefully maintained his innocence and had rejected three different plea offers.) Building upon his rage, the judge added, “The evidence of your possession of child pornography is clear and convincing.”

There was one problem, however. “There was never any evidence of child pornography,” the lead detective on the case later admitted to The Wall Street Journal.

Under New Hampshire prison guidelines, Fr. Gordon will never be eligible for parole unless he admits guilt. As with the case of Msgr. McCarthy (Chapter 6), Father Gordon’s narrative highlights the zeal with which some detectives will seek a prosecution, despite the claims presented to them.

The criminal case against Fr. Gordon actually began when one of Thomas Grover’s brothers, Jonathan, approached Keene, New Hampshire, Detective James McLaughlin with the claim that Fr. Gordon had abused him years earlier. However, Jonathan did not just accuse Fr. Gordon of abuse; he accused a second priest as well — Fr. Stephen Scruton. However, as Detective McLaughlin further examined Jonathan’s claims, he realized that Fr. Scruton did not even serve at the parish of the alleged abuse until years after Jonathan claimed that the acts took place.

With this startling discovery of fact, many detectives would have concluded that Jonathan was not being truthful. There would even be more reason to doubt Jonathan when two of his brothers came forward to claim similar abuse by the two priests. But rather than dropping the investigation altogether and issuing charges against Jonathan for filing a false report, McLaughlin continued his crusade by simply scrubbing the existence of Fr. Scruton from future investigations altogether. [It was at this point in police reports that Detective McLaughlin gave the Grover brothers a copy of Fr. MacRae’s resume “to help them with their dates.”]

In the course of trying to nab Fr. MacRae, McLaughlin initiated a couple of attempted “stings” to get the priest to admit to the alleged abuse. One was a letter claiming to be from Jonathan Grover that “recalled” several sexual escapades and declared that the “sex between us was very special.” Fr. Gordon replied to the letter by saying that the letter writer must be an imposter, because no such acts ever took place. McLaughlin also attempted a number of secretly recorded phone calls to try to bust the priest, but none of them yielded anything incriminating. The calls were an utter failure, by all investigative measures.

Fr. Gordon would have been out of prison long ago if he had accepted the plea deals and admitted guilt. Instead, in staunchly maintaining his innocence, he will likely live in a prison cell for the remainder of his life.

In recent years, even more evidence has surfaced to support the claim that Fr. Gordon was falsely accused. One of the priest’s accusers (not Thomas Grover) has reportedly recanted his claims. In early 2011, a document surfaced in which the accuser plainly acknowledges that fraud was committed against Fr. Gordon and the Catholic Church. According to a New York investigative writer, the document says:

“I was aware at the time of the trial, knowing full well that it was bogus and having heard of the lawsuits and money involved, and also the reputations of those making accusations … whom I went to school with. It seemed as though it would be easy money if I would also accuse Fr. Gordon of some wrongdoing. … I believed easy money would come from lawsuits against MacRae. I was at the time using drugs and could have been influenced to say anything they wanted for money.” [Signed statement of Steven Wollschlager]

So despite the tempting opportunity of a high-stakes payout, the man refused to go along with what he saw was a gross money-grubbing scam.

In 2005 and 2013, Pulitzer Prize-winning writer Dorothy Rabinowitz profiled the case of Fr. Gordon for a trio of eye-opening articles for The Wall Street Journal. After months of studying court documents and combing through testimonies, Rabinowitz concluded that Fr. MacRae was clearly a victim of fraud and was wrongly convicted.

Sadly, under intense public pressure from events of the past decade, Church officials have essentially abandoned Fr. Gordon. Despite the fact that evidence possibly indicating innocence continues to surface, Church officials have kept their distance from the incarcerated cleric. While Church officials have publicly supported the prosecution of Fr. Gordon, there are reports that privately they admit that the cleric may have been falsely accused. For example, in 2011, two signed statements surfaced which claim that Bishop John McCormack, the longtime head of the Diocese of Manchester, has privately stated that he believes Fr. Gordon is innocent.

One such statement comes from a man who once worked at a television station that was to profile Fr. Gordon’s case. It quotes Bishop McCormack as saying to the man, “Understand, none of this is to leave this office. I believe Father MacRae is not guilty and his accusers likely lied. There’s nothing I can do to change the verdict,” Bishop McCormack said, according to the statement. [See Fr. George David Byers, “Omertà in a Catholic Chancery: Affidavits Expanded”]

The man submitted his statement about Bishop McCormack’s remarks because he believed there was a glaring injustice in the inconsistency between the Bishop’s public actions and his private statements.

Should the case against Father Gordon MacRae be reviewed? Considering the totality of the evidence, especially that which has surfaced in recent years, the answer is, “Yes.” Justice demands it.

In addition, recent developments and emerging information will likely result in appeals of Fr. MacRae’s case. Stay tuned.

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David F. Pierre, Jr. is the country’s leading observer of the media’s coverage of the Catholic Church abuse narrative and is the author of four books. His most recent is The Greatest Fraud Never Told: False Accusations, Phony Grand Jury Reports, and the Assault on the Catholic Church. David has been heard on National Public Radio (NPR) and cited in the New York Times, the Chicago Tribune, USA Today, and many other media outlets. He is the creator and author of TheMediaReport.com, an educational cooperative to chronicle and monitor the mainstream media’s coverage of the Catholic Church sex abuse narrative. He lives with his wife and family in Massachusetts.

Bogus Charges Against Priests Abound

Editor’s Note: In a 2012 article for Catalyst, the Journal of the Catholic League for Religious and Civil Rights, Rev. Michael P. Orsi, research fellow in Law and Religion at Ave Maria School of Law, wrote an extended review of David F. Pierre’s book cited above. His review is titled “Bogus Charges Against Priests Abound.”

The following is an excerpt from that review:

Catholic Priests Falsely Accused: The Facts, The Fraud, The Stories by David F. Pierre, Jr., Mattapoisett, Massachusetts: www.TheMediaReport.com

“David Pierre is one of the country’s leading observers of the Catholic Church abuse narrative. In Catholic Priests Falsely Accused: The Facts, the Fraud, the Stories, he presents case studies backed by hard data which clearly demonstrates some of the injustices foisted on Catholic priests and the Church. ...

“A sure way to ameliorate the injustices perpetrated against priests and to rehabilitate the reputation of the Church would be to re-examine the cases of those priests found guilty due to false or dubious abuse claims filed against them. The widely reported case of Fr. Gordon MacRae, of the Diocese of Manchester, New Hampshire, would be a good place to start. Pierre outlines it in his book. It is quite obvious that Fr. MacRae did not receive a fair trial according to the facts cited in a piece published in The Wall Street Journal.

“MacRae’s accuser, a fifteen year old boy, had a lengthy juvenile record and presented doubtful evidence in trial testimony. The judge even went so far as to order the jury to ‘disregard inconsistencies in Mr. Grover’s (his accuser) testimony.’ Father MacRae, protesting his innocence, refused a plea bargain deal of two years in prison. Now he is serving a 67 year sentence. His own, now retired, bishop believes him to be innocent. What a moral boost this would be for the nation’s priests and for the Catholic laity ... to have this case reopened!”

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BREAKING NEWS: Just as this post went to print, David F. Pierre, Jr. and The Media Report published “Twice Is a Charm? Wall St. Journal Again Profiles Stunning Case of Wrongfully Convicted Priest Fr. Gordon MacRae.”

To learn more about the rampant fraud, dishonest grand jury investigations, and career-building prosecutorial misconduct behind the Catholic Church abuse story, please consult these additional books by David F. Pierre, Jr. and The Media Report. Father Gordon MacRae also urges readers to subscribe to The Media Report.

Weaponized Psychology: The Psych Evals of Father MacRae

Writer Damien Fisher cited psychological reports to bolster the condemnation of a priest in the court of public opinion, but some omitted facts expose a cover-up.

October 12, 2022 by Ryan A. MacDonald

Editor’s Note: The following is Part Two of a series of posts by multiple writers presenting facts in the case of a wrongly imprisoned priest that some in the media have ignored or distorted. Part One, posted here one week ago, was: “A Reporter’s Bias Taints the Defense of Fr Gordon MacRae.”

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Part One in this series, linked above, explores a tendency of some in modern day news media to simply mimic material gleaned from prosecutorial officials. In news coverage, this practice has increasingly come to replace the hard work of investigative journalism and the natural skepticism every journalist should have.

One of the factors that irked me and other writers in Damien Fisher’s recent coverage of the MacRae story was his blind acceptance of an old and inadequate psychological evaluation of the accused priest that was debunked a decade ago. In 2012, a Catholic magazine published a letter to the editor from a reader of Father MacRae’s blog who defended him. In response, a member of SNAP, the activist Survivors Network of those Abused by Priests, wrote a rebuttal which was also published citing psychological evaluations of MacRae as evidence of his presumed guilt.

I wrote a more up-to-date and factual response, but it was a testament to the one-sided jaundice of even Catholic media on this topic that the lurid claims against the priest were published while my factual response was not. Given that Damien Fisher’s recent article cited here a week ago referenced the same biased and one-sided reports, I now present anew what I first uncovered in 2012.

Like all accused Catholic priests, Fr. Gordon MacRae was required by Church officials to undergo a psychological evaluation. It was one of the many travesties of justice in this case that elements of two of those reports inexplicably ended up in public view while a far more extensive and professional report did not.

Mr. Fisher gleaned his information from a 2003 Grand Jury Report on the Diocese of Manchester that referenced an inadequate and one-sided evaluation from an M.A. level clinician with a state contract to evaluate those accused of sexual offenses. The Grand Jury Report omitted a much broader and more professional assessment from a team of licensed psychologists and psychiatric experts that negates the validity of the evaluation cited in the Grand Jury Report and repeated by Damien Fisher.

It is indeed correct that MacRae was labeled a “fixated sexual offender” in a 1989 report by a masters-level clinician at the Strafford Guidance Center, a New Hampshire outpatient center with a state contract to evaluate those accused of sexual offenses. This evaluation was the result of a misdemeanor solicitation charge that was debunked extensively in my article, “A Reporter’s Bias Taints the Defense of Fr Gordon MacRae.”

A second evaluation was conducted over a four-day period at the now-closed House of Affirmation, a treatment center for clergy in Whitinsville, Massachusetts. It was entirely prosecutorial in nature, and in many ways it violated the priest’s basic civil rights. It weaponized the psychological process, reporting, for example, a finding that “Father MacRae exhibits extremely high abstract intellectual ability.” That result, from a single evaluation tool called the Wechsler Adult Intelligence Scale, was later used to unjustly label the accused priest as a potential sociopathic manipulator. The report and its conclusions were criminally unprofessional.

EEG recorded during scanning session.

A Forensic Search for Truth

Another, far more extensive evaluation was conducted by a team of three doctoral-level forensic clinical psychologists and two staff psychiatrists with decades of experience in the assessment of offenders. This in-depth assessment was conducted over a period of months at an inpatient facility, the Villa Louis Martin Center in New Mexico. What follows are excerpts of that report introduced by licensed clinical psychologist, Dr. Peter Lechner, Ph.D.:

“Of the reports mentioned earlier, one from House of Affirmation where Fr. MacRae spent four days and the other from the Strafford Guidance Clinic where he was evaluated, according to their report, for a two-hour period, they arrived at far-reaching, all embracing and definitive conclusions in regard to Fr. MacRae. The staff at VLM believes that such time periods would be inadequate to properly understand complex problems.

“The conclusions we arrived at came after many months.... It became clear that [Fr. MacRae] did not fit the description of the Strafford Guidance Clinic. He had a depth of conscientiousness and sensitivity to others, and a very high degree of ethical concern that did not fit with what their report said of him. Fr. MacRae does NOT fit the description of a fixated sexual offender. The reports are inaccurate.”

— 1990 Evaluation Report of the staff at Villa Louis Martin

Dr. Lechner went on to describe that the Strafford Guidance Center evaluation was conducted by an unlicensed masters-level clinician. It consisted of a single psychological test, the Minnesota Multiphasic Personality Inventory (MMPI) which was dismissed by the evaluator as “unrevealing and within normal range.” The sweeping negative conclusions of the rest of the report, according to the file, were arrived at based on three 45-minute interviews over the course of six weeks.

The clinician began his assessment with clear bias. The mere fact that MacRae is a Catholic priest with a commitment to practice celibacy, like all priests, was itself treated as sexually aberrant by the evaluator. His process and conclusions were dismissed as invalid and unjust by staff at the Villa Louis Martin Center. They concluded that “Two hours of interviews by a masters-level clinician is simply not professionally adequate to brand a man in the court of public opinion for the remainder of his life.” The director of the VLM Center added another comment to his report:

“In my report to the NH Department of Probation, I mentioned the accusations that had been made in the above reports by way of background information regarding what had been said about [Fr. MacRae]. I indicated that he did not present as someone obsessed by sexual fantasies or driven to act out. I then went on to write about our assessment and the medical issues [MacRae] faced. I was later dismayed to find out that my reports were misquoted, and positive statements that were essential to the reports were left out. This I feel was a serious injustice.”

The far more comprehensive VLM report by Dr. Lechner and his staff directly refuted the impressions of the Stafford Guidance Center assessment arrived at after three 45-minute interviews. However, the prosecutorial files released by the Diocese of Manchester after its bishop signed over the rights of the priests involved, and published online by the Attorney General in 2003 omitted the more professional report opting to publish only the impressions of the negatively biased one.

In the far more extensive report, the director of the VLM facility explained that MacRae remained at the Center for one year in 1989, an unusual length of time for inpatient treatment, but it was not because he was diagnosed as a sexual offender. That was discounted earlier. MacRae remained at the center for a year because a neurological evaluation that included an EEG and MRI revealed a diagnosis of epilepsy.

It has been professionally suggested that a diagnosis of untreated epilepsy and complex partial seizure disorder that was difficult to manage raised further questions about the legitimacy of the priest’s 1988 misdemeanor plea entered into without legal counsel after hours of intense badgering by a police detective with an agenda other than truth. This was disclosed in my article one week ago.

The VLM report of the evaluation of Fr. MacRae indicated that MacRae succumbed to coercion under duress in 1988 while talked into waiving his Constitutional right to legal counsel because Detective McLaughlin conned him into believing that he would be sparing the Church from adverse publicity if he took the plea. If MacRae is to be faulted for anything in this picture, the report concluded, “it is for placing his own well-being second.”

That 1988 misdemeanor charge was brought forward and propagated by the same detective who would five years later charge MacRae with more serious, but just as dubious offenses that now date back forty years. This is the same detective who now appears on a previously secret list accused of falsifying records, and has now also been accused of lying, erasing tapes, and tampering with evidence.

Four years after writing the Strafford Guidance Center report on MacRae, its author applied for employment at the Villa Louis Martin Center citing its thorough assessment of the priest as the reason for his desire to work there.

When Detective James McLaughlin’s new allegations emerged with new demands for settlement money in 1993, Fr. MacRae voluntarily submitted to two polygraph examinations with an expert. He passed both conclusively. No one who accused MacRae would agree to take a polygraph.

The Most Expert Evaluation

Perhaps the most important assessment, however, is one uncovered by Fr. George David Byers revealed in his article “Omertà in a Catholic Chancery: Affidavits Expanded.” Over 28 years in the New Hampshire State Prison, Fr. MacRae has never been even suspected of any form of predation. The prison system’s own evaluation labeled him at the lowest level of risk for any form of aberrant sexual interest or behavior. For 15 of those years MacRae was housed in a 60-square-foot cell with Pornchai Moontri, an adult survivor of sexual abuse. There is perhaps no better expert on the character of Fr. MacRae.

In Fr. Byers’ article linked above, he conveys a true story revealed to him by Pornchai:

“Pornchai has helped me to understand a truth that is nearly universal among those who have in fact been victims of sexual assault. The only thing that is as obnoxious to them as having been raped is to see their own sufferings capitalized upon by false accusers for money, and by clericalists who make themselves into heroes by paying out settlements with no evidence or due process of law. Priests are too often considered guilty just for being accused.

“Prison, by nature, is often a violent place. As a child of 12 brought to the State of Maine from a foreign country, Pornchai became a victim of violent sexual abuse. When Pornchai went to prison at age 18, he dealt with prison violence in the only way he could. He vowed that he would never again be someone’s victim. So he understandably met violence with violence of his own. It landed him in repeated long years in solitary confinement.

“After 14 years, Pornchai was transferred to the New Hampshire prison. He ended up in a cell with a man accused and convicted of the very thing that destroyed his life. It did not take him long — with his innate alertness to victimization — to discover that Father G had been falsely accused. Pornchai once told me this story that I held off writing until he was out of the prison system:

‘One day, I got a notice from the prison mental health department that a new 2O-week program was beginning called ‘Interpersonal Violence.’ My friend Father G thought it might be an opportunity for me so I said I would go if he goes with me. So we both signed up for it. Prison is filled with needy young men who have really broken lives. Some of them look for safe, comfortable older prisoners who might buy them things and take care of them. The result is a sort of mutual exploitation and prisons are filled with this. One young kid, about 19, who was attending the program quickly tried to latch on to Father G without knowing anything about him. I was going to speak with the kid, but decided to wait.

‘Over the next few sessions as I sat next to Father G, I was aware of how this kid was skillfully trying to gain his interest and maneuver his way into his life, but Father G was oblivious to it. Later that night I told him what I observed, but he had no idea what I was talking about. At the next session, Father G and I simply agreed to switch seats. In all his years in prison, Father G has been surrounded by people like this, many of them young drug addicts who would sell their soul for a few bucks for drugs. In all those years, Father G was never observed or even suspected of having any interest in them at all except to show those receptive to it a way out of their prison within a prison.’ ”

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IMPORTANT EDITOR’S NOTE:

During the 15 years that Fr. MacRae and Pornchai Moontri lived in the same prison cell, MacRae investigated Pornchai’s life and wrote about it in an explosive account that brought his abuser to justice. Richard Alan Bailey was convicted in 2018 on 40 felony counts of child sexual abuse. This most important story is told in

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

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BREAKING NEWS — NEW IN THE WALL STREET JOURNAL:

Nationally prominent criminal-defense and civil-rights Attorney Harvey Silverglate has just published an op-ed on developments in the Fr. MacRae case in the WSJ. This is the fourth major article in the WSJ on this story. We have reprinted the op-ed so it may be viewed by our readers:

Justice Delayed for Father MacRae by Harvey A. Silverglate

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

Omertà in a Catholic Chancery — Affidavits Expanded

Silencing the truth is never in the service of the Church. For one wrongly imprisoned priest, the buried truth and uncovered lies have both been crosses to bear.

“Have no fear, for nothing is covered over that will not be revealed, or hidden that will not be known. What you hear in the dark utter in the light; what you hear whispered, proclaim from the rooftops.”

Matthew 10:26-29

Editor’s Note: The following is Part 2 of a guest post by Father George David Byers, SSL, STD. Part 1, was “A Code of Silence in the U.S. Catholic Church: Affidavits.”

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Last week here at Beyond These Stone Walls, I presented some examples of a plague of omertà that has arisen in recent decades in the Catholic Church in America. Omertà is an insidious code of silence that can too easily become a part of mob justice, influencing someone to set aside truth in deference to the mob’s preferred or demanded truth. Omertà empowered the mafia, but it has no place in the Catholic Church.

When fearlessly digging into truths that some want to be kept hidden and not shouted from the rooftops, other truths are also necessarily unearthed. Before delving into some truths in the form of some affidavits by courageous people revealed here in Part 1 of this post, I want to tell you a true story. It was revealed to me by the great Pornchai Maximilian Moontri who now dwells in the Kingdom of Thailand.

Pornchai has helped me to understand a truth that is nearly universal among those who have in fact been victims of sexual assault. The only thing that is as obnoxious to them as having been raped is to see their own sufferings capitalized upon by false accusers for money, and by clericalists who make themselves into heroes by paying out settlements with no evidence or due process of law. Priests are too often considered guilty just for being accused.

Pornchai conveyed the story of one day being in the cell alone with Father Gordon. They had been cell mates for about two years then. It was about a year before Father Gordon’s blog began. Father G was reading his mail and said to Pornchai, “This woman wants to know if I am safe here.” Pornchai responded spontaneously and with total sincerity: “Does she mean from us or from other priests?” Then the next letter Father G opened was from a priest of his diocese to whom he had written. The priest returned his letter with a note on the envelope: “Communication with you is neither prudent nor welcome.”

Prison, by nature, is often a violent place. As a child of 12 brought to the State of Maine from a foreign country, Pornchai became a victim of violent sexual abuse. Father Gordon wrote that shocking story in “Human Trafficking: Thailand to America and a Cold Case in Guam.” When Pornchai went to prison at age 18, he dealt with the prison violence in the only way he could. He vowed that he would never again be someone’s victim. So he understandably met violence with violence of his own. It landed him in repeated long years in solitary confinement. After 14 years, Pornchai was transferred to the New Hampshire prison.

(Not long after, PBS Frontline produced a feature about the very solitary confinement cell in which Pornchai had spent years. PBS Frontline “Solitary Nation” should not be missed.)

In New Hampshire, Pornchai ended up in a cell with a man accused and convicted of the very thing that destroyed his life. It did not take him long — with his innate alertness to predation — to discover that Father G had been falsely accused. Pornchai once told me this story that I held off writing until he was out of the prison system:

“One day, I got a notice from the prison mental health department that a new 2O-week program was beginning called ‘Interpersonal Violence.’ My friend Father G thought it might be an opportunity for me so I said I would go if he goes with me. So we both signed up for it. Prison is filled with needy young men who have really broken lives. Some of them look for safe, comfortable older prisoners who might buy them things and take care of them. The result is a sort of mutual exploitation and prisons are filled with this. One young kid, about 19, who was attending the program quickly tried to latch on to Father G without knowing anything about him. I was going to speak with him, but decided to wait.

“Over the next few sessions as I sat next to Father G, I was aware of how this kid was skillfully trying to gain his interest and maneuver his way into his life, but Father G was oblivious to it. Later that night I told him what I observed, but he had no idea what I was talking about. At the next session, Father G and I simply agreed to switch seats. In all his years in prison, Father G has been surrounded by people like this, many of them young drug addicts who would sell their soul for a few bucks for drugs. In all those years, Father G was never observed or even suspected of having any interest in them at all except to show those receptive to it a way out of their prison within a prison.”

The Egregious Double Standard of Justice

There is a lot more to Pornchai’s story of his years with Father Gordon MacRae in prison. As he came to trust Father G, he had a growing awareness of things changing for the better in his life. After a few years, Pornchai made a decision to become a Catholic. He was received into the Church on Divine Mercy Sunday an event related beautifully by Felix Carroll in a chapter in his Divine Mercy Conversion book, Loved, Lost, Found.

In the years to follow, Father Gordon’s writing about Pornchai’s life garnered some attention in both the United States and across the globe, especially in Thailand where that story began. Thanks to Father Gordon’s writing, Pornchai’s tormentor was brought to justice 33 years after he brought destruction to this young man’s life. I am not certain we can actually call it justice, however.

In late 2017, Richard Alan Bailey was arrested at his Oregon home and indicted on forty (40) felony charges of sexual violence against Pornchai at ages 12-14. There was much evidence against him discovered in the form of police reports, school reports, social services battered child reports, medical reports, but none of it ever resulted in action. In September 2018, Richard Alan Bailey entered a plea of “no contest” but was found guilty on all forty counts in a Maine court. Bailey was sentenced to forty years in prison, all suspended, and 18 years probation. He will never serve a single day in prison.

Meanwhile, Pornchai was very much aware that in the neighboring State of New Hampshire, Father Gordon MacRae refused a plea deal that would have resulted in one year in prison, then was found guilty of five charges with no evidence at all and sentenced by a bitterly anti-Catholic judge to 67 years in prison. Pornchai was also aware that Father Gordon’s bishop and diocese stacked the jury with a pre-trial press release pronouncing him guilty of victimizing not only his accusers, but the entire Catholic Church.

Pornchai says that Father G “led by example” when explaining to him that bitterness and resentment over past wounds, however deep, are “like a toxic brew that you put in your own tea, and then drink to your own spiritual peril.”

On that Divine Mercy Sunday when Pornchai was received into the Church in 2010, it just happened to be a day that Bishop John McCormack offered his annual Mass at the Concord, New Hampshire prison. He Confirmed Pornchai in his faith and gave him First Eucharist, but never spoke a single word to Father Gordon. In the prison chapel sacristy after Mass, Pornchai shook Bishop McCormack’s hand. “You have a good friend,” said the Bishop who had read the accounts of Pornchai’s life. “You have a good priest,” Pornchai responded.

Father Gordon saw to it that Pornchai came into the Catholic faith with eyes open about the meaning and power of both sin and grace. “If these events had not happened to me,” Father Gordon said, “Pornchai and I would have never met.” He challenged Pornchai to rise above resentment, and it was in the rising that they both found grace. This was a story, however, in which the insidious practice of Omertà, that evil code of silence that I wrote about here last week, has played a destructive role. In First Things magazine in 2008, the late Father Richard John Neuhaus wrote:

“The Bishop and the Diocese of Manchester do not come off as friends of justice, or, for that matter, of elementary decency. You may want to read this Kafkaesque tale then you may want to pray for Fr. MacRae, and for a Church and a justice system that seem indifferent to justice.”

— A Kafkaesque Tale

Affidavits Expanded

In my first installment of this post, “A Code of Silence in the U.S. Catholic Church,” I revealed two affidavits prepared by a New Hampshire lawyer and a senior executive of PBS which produces the award-winning investigative news program Frontline. The affidavits were entirely independent from each other. They describe meetings with former Diocese of Manchester Bishop, the late John McCormack. To recap, the following are the most pertinent statements in these affidavits:

From the Affidavit of Attorney Eileen A. Nevins:

“In June of 2000, I met with New Hampshire Bishop John McCormack at the Diocesan office .… During this meeting with Bishop McCormack and [Auxiliary] Bishop Francis Christian, they both expressed to me their belief that Father MacRae was not guilty of the crimes for which he was incarcerated.”

From the Affidavit of Leo P. Demers:

“During October 2000, I met with Bishop John McCormack at the Diocesan office in Manchester, New Hampshire .... The meeting with Bishop McCormack began with him saying, ‘Understand, none of this is to leave this office. I believe Father MacRae is not guilty and his accusers likely lied. There is nothing I can do to change the verdict.’”

Fortunately, Mr. Demers prepared careful notes immediately following his meeting. They provide a most helpful context for what was going on in the background in the Diocese of Manchester at the time. The transcript is fascinating, and I begin it here with the initial telephone call to Auxiliary Bishop Francis Christian at the Manchester Chancery office:

LEO DEMERS: “I am calling from WGBH-TV in Boston ... I am concerned that Fr. Gordon MacRae was being considered as a feature story for Frontline here on PBS. Since you are the only person left in the Chancery Office who was there at the time of the accusations and trial ... I would like to meet with you to discuss the matter.”

[Note from Father Byers: Just four months earlier, but unknown by Mr. Demers, Bishop Christian attended a meeting with Bishop McCormack and Attorney Eileen Nevins. At that meeting, as per the affidavit of Attorney Nevins above, Bishop Christian was quite clear in his view that Father MacRae was not guilty. Did something happen in the interim? Given his stacking of the jury in his 1993 pre-trial press release, was he intimidated by someone in the news media? Read on … ]

BISHOP CHRISTIAN: “This is not my responsibility. I have nothing to do with that. You will have to speak with Bishop McCormack.”

LEO DEMERS: “But you were part of what happened at that time and would have firsthand knowledge of all that occurred. Bishop McCormack was in Boston when all this happened.”

BISHOP CHRISTIAN: “You will have to speak with Bishop McCormack. He is the one who is responsible. I can arrange for you to have a meeting with him.”

LEO DEMERS: “I would rather meet with you.”

BISHOP CHRISTIAN: “Bishop McCormack handles all such inquiries. You will have to call him yourself or I can arrange a meeting with him for you.”

[ Note from Father Byers: Mr. Demers noted that he would be in Israel and the Middle East for the next two weeks. His notes indicate that a meeting was scheduled with Bishop McCormack for October 13, 2000, and that Father MacRae knew nothing of this planned meeting. He writes that upon arrival at the Chancery he was escorted to Bishop McCormack’s office. The Bishop spoke first: ]

BISHOP McCORMACK: “I don’t want any of this to leave this office because I have struggles with some people in the Chancery office that are not consistent with my thoughts, but I firmly believe that Father MacRae is innocent and should not be in prison.”

[Note from Father Byers: Mr. Demers then wrote in his notes: “This knocked the wind out of my sails. It seems to me that the wrongful imprisonment of Fr. Gordon is ongoing. Those concerned with this matter could be subpoenaed by a court of law or by the Congregation for the Doctrine of the Faith (CDF).” The transcript continued: ]

LEO DEMERS: “You know why I am here. I assume Bishop Christian has informed you of our phone conversation and my desire to speak with him. You are a busy man. Bishop Christian has firsthand knowledge of the events surrounding Fr. MacRae’s incarceration.”

BISHOP McCORMACK: “He was tried and found guilty.”

LEO DEMERS: “With all due respect, your Excellency, I was there and you were not. There was nobody present representing the Manchester Diocese.”

BISHOP McCORMACK: “I mentioned to you that I believe he is innocent. I plan on meeting with him when I visit the prison during the coming Christmas season and I will discuss this.”

LEO DEMERS: “You said that your hands were tied because of your belief in his innocence. How can you help him?”

BISHOP McCORMACK: “I want to do what I can to make his life more bearable under the circumstances of prison life. I cannot reverse the decision of the court system. What can I do?”

LEO DEMERS: “It is not a flawless judicial system. Many innocent people fall through its cracks. Correcting an injustice is a formidable task and Fr. Gordon does not have the resources to even begin the process.”

Epilogue: The Spin

The promised Christmas meeting with Father MacRae in prison never took place. On February 15, 2002, Bishop McCormack, Bishop Christian, and Father Edward Arsenault held a press conference to release the names of all priests of the Diocese who were “credibly accused.” Father MacRae was not on that list. (That scene is depicted in the graphic atop this post with, left to right, Father Edward J. Arsenault, Bishop Francis X. Christian, and the late Bishop John B. McCormack at the podium.)

Over the course of the next year, many “confidential” memos passed between Bishop McCormack, Father Edward Arsenault, and various attorneys for the Diocese. Father MacRae was privy to none of them. Father Arsenault, who oversaw all lawsuit settlements for the Diocese, had an egregious conflict of interest in that he was simultaneously Chairman of the Board of the National Catholic Risk Retention Group providing oversight of insurance settlements for Catholic institutions across the country. At some point, he took over communications with Father MacRae on behalf of the bishop.

Father MacRae was never told of the above affidavits and did not know of Bishop McCormack’s statements about his belief in MacRae’s innocence and wrongful incarceration. A major sticking point in the various subsequent exchanges from the Bishop’s office was a demand that Father MacRae cease all contact with Dorothy Rabinowitz and The Wall Street Journal, submit to the Diocese a list of the names of everyone with whom he has discussed this matter, and agree in writing to limit all future contacts only to those approved by Diocesan officials. He was also asked to agree to appeal only his sentence and not his conviction, and to allow Father Arsenault to choose his legal counsel. Father MacRae rejected those conditions.

After The Wall Street Journal published an explosive series of articles by Dorothy Rabinowitz on the Father MacRae case in 2005 and again in 2013, Father never again heard from any official of his diocese with the exception of letters described below.

In 2008, Bishop McCormack wrote in a letter to an advocate of Father MacRae denying that he ever stated a belief that Father MacRae is innocent and should not be in prison. In 2009, Father Edward Arsenault became Monsignor Edward Arsenault and assumed a $160,000 per year position as Executive Director of the St. Luke Institute in Maryland where Bishop McCormack served on the Board of Directors. In 2015 he went to prison for embezzlement and forgery. Among the documents he is now suspected of forging were letters to the Holy See about the MacRae case.

Monsignor Arsenault was subsequently dismissed from the clerical state by Pope Francis. He has since changed his name to Edward J. Bolognini.

Bishop Peter A. Libasci, the current Bishop of Manchester, has, to this day, not once allowed Father MacRae to speak of this case in his own defense. Ryan A. MacDonald wrote of the unconscionable statements in this regard by the diocesan spokesman in “The Post-Trial Extortion of Father Gordon MacRae.”

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Please share this post and review these related posts:

Human Trafficking: Thailand to America and a Cold Case in Guam

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

The Trials of Father MacRae — The Wall Street Journal

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

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Note from Father Gordon MacRae: Father George David Byers, SSL, STD is a parish priest in the Diocese of Charlotte, North Carolina, a chaplain to law enforcement, and a Missionary of Mercy appointed by Pope Francis for the Jubilee Year of Mercy, a position the Holy Father has extended to the present day. Father Byers writes at the faithful and bold Catholic blog, Arise! Let Us Be Going!

From the BTSW Editor: Ryan A. MacDonald has a new post at A RAM in the Thicket that impacts both Father Gordon MacRae and this blog. Please read “At the Catholic Media Association, Bias and a Double Standard.”

Monsignor Arsenault served two years of a four-to-twenty year sentence with the remainder suspended. He is depicted here shaking hands with his prosecutor from the NH Attorney General’s Office after accepting a plea bargain.