Voices from Beyond
Could Fr. Gordon MacRae Finally Go Free?
There is new evidence that the detective, whose investigative report led to the priest’s conviction, had submitted false reports in an earlier case, and likely in the MacRae case as well.
There is new evidence that the detective, whose investigative report led to the priest’s conviction, had submitted false reports in an earlier case, and likely in the MacRae case as well.
November 11, 2022 by Kathy Schiffer | Catholic World Report
“Those aware of the facts of this case find it hard to imagine that any court today would ignore the pervertion of justice it represents.”
— Dorothy Rabinowitz, The Wall Street Journal
Father Gordon J. MacRae, wrongly convicted of sexual misconduct, may finally be freed soon, after serving nearly thirty years in prison. Father MacRae, who tells his story on his blog Beyond These Stone Walls, has long been believed to be innocent of the alleged crimes for which he was convicted in 1994. He has many supporters, though — among them, the Wall Street Journal.
On October 9, the Wall Street Journal published an article titled “Justice Delayed for Father MacRae”, by famed civil rights attorney Harvey Silverglate. The article cited new evidence that New Hampshire Detective James McLaughlin, the detective whose investigative report led to the priest’s conviction, had submitted false reports in an earlier case and, Silverglate believed, likely in the MacRae case as well. According to Silverglate, the detective’s name was included in the original “Laurie List” — a catalog of law enforcement officers who had falsified evidence in order to secure a guilty verdict. McLaughlin was proven to have falsified records in an unrelated case, nine years before Fr. MacRae went to trial.
Silverglate reasoned that this newly uncovered evidence of Detective McLaughlin’s past misconduct raises serious concerns about the Fr. MacRae case. This revelation was important, according to the Wall Street Journal, because
… MacRae has not only vehemently argued that McLaughlin paid off his accusers to manufacture a case against him but that recordings by McLaughlin of the priest purporting to prove MacRae’s guilt were bogus. Indeed, when MacRae demanded that that these recordings be turned over for his trial, McLaughlin was suddenly unable to produce them, claiming that they were taped over and that transcripts of the recordings were not made due to an alleged ‘clerical error.’
Widespread Belief in Fr. MacRae’s Innocence
Silverglate’s new report is not the only public defense of the prisoner priest. His case has received attention from journalists and from voices within the Church.
In 2005, Pulitzer Prize-winning journalist Dorothy Rabinowitz, a member of the Wall Street Journal’s Editorial Board, published an account of the travesty of justice by which Fr. MacRae was convicted. Her report was described by Father Richard John Neuhaus in First Things magazine as “a story of a Church and a justice system that seem indifferent to justice.”
In September 2008, Father Neuhaus published an editorial in First Things calling the case “A Kafkaesque Tale.”
Father Michael Orsi, writing for the Catholic League for Religious and Civil Rights, insisted that “Bogus Charges Against Priests Abound.”
The late Cardinal Avery Dulles believed in Father MacRae’s innocence and encouraged him to write his story. Cardinal Dulles wrote in 2005,
Someday your story and that of your fellow sufferers will come to light and will be instrumental in a reform. Your writing, which is clear, eloquent, and spiritually sound, will be a monument to your trials.
The following year, Cardinal Dulles invited Father MacRae to contribute a chapter to the volume of Christian literature from believers who were unjustly imprisoned.
Cary Solomon, writer, producer, and director of the pro-life film “Unplanned” has said,
Fr. Gordon Macrae is beyond innocent. It is a travesty that he is in jail. If you listened and read the evidence, transcripts, videos, audio tapes you would be horrified. The people who did this need to get on their knees and beg forgiveness from God.
And William Donohue, Ph.D., president of the Catholic League for Religious Liberty and Civil Rights, said in an interview on NBC’s “Today” Show, “There is no segment of the American population with less civil liberties protection than the average American Catholic priest.”
Prejudice against the Church Led to Improper Verdict
Why was Father MacRae convicted if, as he asserts, he had not taken sexual liberties with a young man? The clergy abuse scandal was fresh in the news in 1994, when Father MacRae was accused of sexual assault; and there was a lot of anger toward the Catholic Church. The accuser was 27-year-old Thomas Grover — a man with a long history of violence, theft, and drug charges. The charges against Father MacRae were uncorroborated; in fact, many people, including Grover’s ex-wife and son, testified that Grover had told them the incident didn’t really occur.
Although Grover himself stood to benefit substantially from filing a complaint against the priest (he was eventually awarded $200,000 from the diocese), the court found Father MacRae guilty.
Offered a plea deal which would have brought only two or three years in jail, Father MacRae declined. He was innocent and refused to confess to any crime, even a misdemeanor offense. He was found guilty without evidence or corroborating testimony. New Hampshire Judge Arthur Brennan then imposed a harsh 33-1/2 to 67-year sentence in the New Hampshire State Penitentiary.
As Dorothy Rabinowitz wrote in the Wall Street Journal, “Father MacRae’s case is troubling to anyone concerned for the state of due process, justice, and liberty in America.” Catholics and others who value the integrity of the judicial system will be watching this month for signs that the case against Father MacRae might be revisited.
Please continue to keep him in your prayers.
Kathy Schiffer is a Catholic blogger. In addition to her blog Seasons of Grace, her articles have appeared in the National Catholic Register, Aleteia, Zenit, the Michigan Catholic, Legatus Magazine, and other Catholic publications. She’s worked for Catholic and other Christian ministries since 1988, as radio producer, director of special events and media relations coordinator. Kathy and her husband, Deacon Jerry Schiffer, have three adult children.
Justice Delayed for Father MacRae
A list of officers with credibility issues calls his 1994 conviction into question.
Gordon MacRae is escorted out of the Cheshire County Superior Courthouse in Keene, N.H., Sept. 23, 1994.
PHOTO: JIM COLE/ASSOCIATED PRESS
A list of officers with credibility issues calls his 1994 conviction into question.
The Wall Street Journal
By Harvey Silverglate | October 10, 2022
PREFACE
The long saga of Fr. Gordon MacRae is likely to soon end
By Harvey A. Silverglate, Esq — November 11, 2022:
To the readers on my opt-in list of those who have chosen to receive my occasional columns and articles:
Many of you are likely familiar with the case of Father Gordon MacRae, the Catholic priest in New Hampshire who got caught up in the massive child sex abuse epidemic that engulfed the Catholic Church some time ago, remnants of which continue to come to public attention even now. This abuse scandal is particularly well known to Boston-area residents since The Boston Globe’s Spotlight Team won a Pulitzer Prize in 2003 for its reporting of the scandal — a scandal that resulted in the exile of Boston Cardinal Bernard Law to a minor position in Rome in order to keep him safe from potential indictment for turning a blind eye toward widespread abuse. The ground-breaking work of the Spotlight Team resulted in an Oscar-winning motion picture entitled “Spotlight.”
However, as the legendary baseball player (and pundit) Yogi Berra once said: “It ain’t over until it’s over.” A startling development in the MacRae case indicates a quite decent possibility — I would say a probability — that post-conviction litigation almost certain to begin shortly will exonerate and free Fr. MacRae.
Harvey Silverglate, Esq
Father Gordon MacRae has been in prison since 1994, when a New Hampshire jury convicted him of sexual assault and he was sentenced to 33½ to 67 years. The charges against him were “built by a determined sex-abuse investigator and an atmosphere in which accusation was, in effect, all the proof required to bring a guilty verdict,” the Journal’s Dorothy Rabinowitz wrote in 2013. Father MacRae has maintained his innocence all along.
A new development will soon provide Granite State courts an opportunity to reconsider Father MacRae’s conviction. The state attorney general has published a so-called Laurie List of law-enforcement officers with credibility problems. The list is named for State v. Laurie, a 1995 case in which the state supreme court overturned a conviction after exposure of a detective’s dishonest conduct.
The list initially included Detective James F. McLaughlin of the Keene Police Department, who was the lead investigator in the MacRae case. He made the list for alleged “falsification of records” in an unrelated case in 1985. Detective McLaughlin successfully petitioned to have his name removed from the list, but the New Hampshire Center for Public Interest Journalism sued to learn who had been removed. (Detective McLaughlin has declined to respond to local press requests for comment on the list.)
Father MacRae plans to ask a court to throw out his conviction, arguing that Thomas Grover, his only accuser at trial, testified falsely at Detective McLaughlin’s behest. As Ms. Rabinowitz has documented, Detective McLaughlin’s own reports showed that he attempted a sting by writing a letter to Father MacRae and forging the signature of Jon Grover, the accuser’s brother. According to supporters of Father MacRae who run the website BeyondTheseStoneWalls.com, Detective McLaughlin failed to produce and maintain recordings of interviews with alleged victims, despite making adamant statements about the importance of recordings in child-abuse investigations.
In a May 1994 lawsuit, Father MacRae alleged that Detective McLaughlin accused the priest of having taken pornographic photographs of one of the alleged victims. No such photos were ever found. (Detective McLaughlin filed a motion to dismiss the lawsuit with prejudice, which the judge denied. After Father MacRae was convicted in September 1994, the judge dismissed the suit without prejudice.)
Ms. Rabinowitz wrote a series of stories about such cases beginning in the late 1980s. False and implausible accusations of child sexual abuse led to conviction and imprisonment of innocent people from New York and Florida to Washington state.
All this happened because “believe the children” became a nationwide mantra. Society has a duty to protect young children—but also to assess accusations rationally and fairly, especially when they’re improbable, spectacular and horrifying. Journalists, too, must maintain a level of skepticism when cases as improbable as these arise. Any reporter who covers the legal system should have recognized the high probability that these accusations were false.
Most of the defendants in these cases were ultimately released, but their lives had been ruined. The recent development in Father MacRae’s case offers hope of another such bittersweet vindication.
Harvey A. Silverglate is a Boston-based criminal-defense and civil-liberties lawyer.
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RELATED, by David F. Pierre, Jr. and The Media Report: “Twice Is a Charm? Wall St. Journal Again Profiles Stunning Case of Wrongfully Convicted Priest Fr. Gordon MacRae”
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Addendum by the Author, Harvey Silverglate
“In today’s Wall Street Journal, I have a column about a long-lingering miscarriage of justice that might, I suggest, be on the verge of producing justice at long last. The subject is the Catholic priest Father Gordon MacRae who has spent many years in prison for a crime that I, along with many others, feel strongly that he did not commit.
With regard to this particular genre of cases, I recommend that you read Dorothy Rabinowitz’ 2003 book entitled No Crueler Tyrannies: Accusation, False Witness, and Other Terrors of Our Times. Ms. Rabinowitz won a Pulitzer Prize for her path-breaking exposes of wrongful convictions in child sex-abuse cases (including, but not limited to, the MacRae case).
“Those of you from Massachusetts might remember our own local version of this false-accusation phenomenon that swept the nation during a time of particularly intense vulnerability and gullibility. We had the prosecution/persecution of Bernard F. Baran, Jr., out in Western Massachusetts, whose innocence ultimately got him released from a lengthy prison sentence. https://en.wikipedia.org/wiki/Bernard_Baran (Full disclosure: I worked on the Baran case, along with fellow Massachusetts criminal defense counsel John Swomley and Eric Tennen.) Massachusetts was also, shamefully, the location of the prosecution/persecution of the Amirault family, which is featured in Ms. Rabinowitz’s aforesaid book. (Full disclosure: I represented defendant Gerald Amirault at his parole hearing. The Parole Board granted parole. One member of the Board confided to me that the Board was convinced that the crime never happened, but it had the power only to release an innocent convict from prison, not to grant pardons. Gerald to this day wears an ankle-bracelet, a heavy burden for an innocent person.)
“Those interested in the problem of wrongful convictions are also advised to take a look at a recently-published book by Northeastern Law School Professor Daniel S. Medwed, entitled Barred: Why the Innocent Can’t Get out of Prison. And, of course, an occasional visit should be paid to the website of The National Innocence Project, co-founded and still led by Barry Scheck and Peter Neufeld. Similarly, there is the Boston-based organization dubbed The National Center for Reason and Justice, led by Robert D. (“Bob”) Chatelle. (Disclosure: I am on the organization’s advisory board. The NCRJ also sponsors the defense of Fr. Gordon MacRae.) And the problem of wrongful convictions is not reserved to state prosecutions. Consider my 2009 book (updated in 2011) Three Felonies a Day: How the Feds Target the Innocent.”
The Ordeal of Father Gordon MacRae
Noted sociologist Dr. Bill Donohue, President of the Catholic League for Religious and Civil Rights, investigated the unjust imprisonment of Father Gordon MacRae.
by William Donohue, Ph.D., President of the Catholic League
Noted sociologist Dr. Bill Donohue, President of the Catholic League for Religious and Civil Rights, investigated the unjust imprisonment of Father Gordon MacRae.
On September 23, 1994, Father Gordon MacRae was shackled and led out of Cheshire County Superior Court in Keene, New Hampshire. He had been convicted by a jury of sexual assaults that allegedly happened nearly twelve years earlier. The 41-year-old priest was sentenced to a prison term of 33 ½ to 67 years.
MacRae says he is innocent. So do those who have looked into his case. Count me among them. “I did not commit these crimes,” MacRae says. “In fact, no one did.” Pointedly, he maintains that he wasn’t the one on trial. “The priesthood itself was on trial. No evidence whatsoever was introduced to support the claims. My accuser committed a $200,000 fraud, the amount in settlement he received from my diocese.”
No one has covered this story better than Dorothy Rabinowitz, a columnist for The Wall Street Journal. MacRae’s accuser, Thomas Grover, has a history of theft, drugs, and violence. More than anyone else, he is responsible for the ordeal that MacRae has endured. He provided not a single witness, even though the alleged offenses took place in populated areas; the places were so busy that it is unlikely that no one would notice if something were awry. Moreover, Grover was coached by professionals, people more interested in getting a priest than justice. His attorney put him in touch with a counselor who came in quite handy. She stood at the back of the courtroom during Grover’s testimony, away from the sight of the jury, instructing him when to feign crying. On cue, he cried loudly, often at some length.
At the trial, Grover said MacRae sexually abused him when he was 15-years-old during five episodes. Rabinowitz captures the essence of what was really going on. “Why, after the first horrifying attack,” she asks, “had Mr. Grover willingly returned for four more sessions, in each of which he had been forcibly molested? Because, he explained, he had come to each new meeting with no memory of the previous attack.” If this is not preposterous enough, the accuser said he had “out of body” experiences that blocked his recollection. Just as we might expect, Grover conveniently changed his story many times.
Before the trial, MacRae had twice been offered a plea deal, but he turned them down. Midway through the trial, he was offered another opportunity. It sounded reasonable: plead guilty and the sentence is one to three years; refuse and risk spending decades in prison. He refused for a third time. The trial moved forward and he was found guilty. The sentence was obscene: it was thirty times what the state had offered in the plea bargain.
Why do I believe MacRae is innocent? We have been writing to each other for years, and I have read his account many times. The clincher year for me was 2012: recently discovered evidence emerged showing how manipulative his accuser is.
Grover’s former wife and stepson say that he is a “compulsive liar,” “manipulator,” “drama queen,” and “hustler” who “molded stories to fit his needs”; he could also “tell a lie and stick to it ’till his end.'” When he was confronted with his lies, he would lose his temper and sign himself into the psychiatric ward at a local hospital.
The former wife and stepson testify that Grover bragged how he was going to set up MacRae and “get even with the church.” What the stepson said is worth repeating at length:
“Grover would laugh and joke about this scheme and after the criminal trial and civil cash award he would again state how he had succeeded in this plot to get cash from the church. On several occasions, Grover told me that he had never been molested by MacRae…[and] stated to me that there were other allegations, made by other people against MacRae and [he] jumped on and piggy-backed onto these allegations for the money.”
Grover’s former wife, who acknowledges that he “never stated one word of abuse by [MacRae],” knew early on in their marriage that something was wrong. She had two daughters when they met, and both were frightened of him from the start. They saw him as a “sick individual who was obsessed with sex and teenage girls”; thus did they label him a “creep” and a “pervert.” They recall that he was “constantly eying” and groping them. When they woke up in the middle of the night, they would sometimes find him in their room, between their beds, staring at them.
When the trial was over, and Grover got a check for over $195,000 from the Diocese of Manchester, he photographed himself with $30,000 in cash. He bragged to his buddies, with bags of cash in his hands, that he had succeeded in “putting it over on the church.” That was in March 1997. In August, he took his former wife with him to Arizona where he blew it on alcohol, drugs, gambling, pornography, and other vices. In a three-day gambling spree, he went through $70,000 and he even had a Nevada casino hunting him down for another $50,000.
Please keep Father MacRae in your prayers. We can never give up hope.
The Injustice Against Father MacRae
By Rod Dreher | The American Conservative
May 11, 2013
Dorothy Rabinowitz of the WSJ, who has been following for years the tragedy of the trumped-up sex abuse charges against Father Gordon MacRae, has a blood-boiling update on the MacRase case today.
Excerpt
In due course there would be the civil settlement: $195,000 for [alleged abuse victim and key state witness] Mr. [Thomas] Grover and his attorneys. The payday—which the plaintiff had told the court he sought only to meet expenses for therapy—became an occasion for ecstatic celebration by Mr. Grover and friends. The party’s high point, captured by photographs now in possession of Father MacRae’s lawyers, shows the celebrants dancing around, waving stacks of $50 bills fresh from the bank.
The prospect of financial reward for anyone coming forward with accusations was no secret to teenage males in Keene, N.H., in the early 1990s. Some of them were members of that marginal society, in and out of trouble with the law, it fell to Father MacRae to counsel. Steven Wollschlager, who had been one of them—he would himself serve time for felony robbery—recalled that period of the 1990s in a 2008 statement to Father MacRae’s legal team. That it might not be in the best interest of a man with his own past legal troubles to give testimony undermining a high-profile state prosecution did not, apparently, deter him. “All the kids were aware,” Mr. Wollschlager recalled, “that the church was giving out large sums of money to keep the allegations from becoming public.”
This knowledge, Mr. Wollschlager said, fed the interest of local teens in joining the allegations. It was in this context that Detective James McLaughlin, sex-crimes investigator for the Keene police department, would turn his attention to the priest and play a key role in the effort to build a case against him. The full history of how Father MacRae came to be charged was reported on these pages in “A Priest’s Story,” April 27-28, 2005.
Mr. Wollschlager recalled that in 1994 Mr. McLaughlin summoned him to a meeting. As a young man, Mr. Wollschlager said, he had received counseling from Father MacRae. The main subject of the meeting with the detective was lawsuits and money and the priest. “All I had to do is make up a story,” Mr. Wollschlager said, and he too “could receive a large amount of money.” The detective “reminded me of my young child and girlfriend,” Mr. Wollschlager attests, and told him “that life would be easier for us.”
Eventually lured by the promise, Mr. Wollschlager said, he invented some claims of abuse. But summoned to a grand-jury hearing, he balked, telling an official that he refused to testify. He explains, in his statement, “I could not bring myself to give perjured testimony against MacRae, who had only tried to help me.” Asked for response to this charge, Mr. McLaughlin says it is “a fabrication.”
Along with the lure of financial settlements, the MacRae case was driven by that other potent force—the fevered atmosphere in which charges were built, the presumption of innocence buried. An atmosphere in which it was unthinkable—it still is today—not to credit as truthful every accuser charging a Catholic priest with molestation. There is no clearer testament to the times than the public statement in September 1993 issued by Father MacRae’s own diocese in Manchester well before the trial began: “The Church is a victim of the actions of Gordon MacRae as well as the individuals.” Diocesan officials had evidently found it inconvenient to dally while due process took its course.
Rod Dreher is a senior editor at The American Conservative. A veteran of three decades of magazine and newspaper journalism, he has also written three New York Times bestsellers—Live Not By Lies, The Benedict Option, and The Little Way of Ruthie Leming—as well as Crunchy Cons and How Dante Can Save Your Life. Dreher lives in Baton Rouge, La.