Left Behind: In Prison for the Apocalypse

One prisoner’s journey from illiteracy to a high school diploma with honors opened more than books. It opened prison doors to a freedom that could last a lifetime.

By Fr. Gordon J. MacRae

This medium security prison has a library where I have been a prisoner-clerk for the last eighteen years. Its shelves are stocked with 21,000 volumes. With an average of 1,000 visits, and some 3,000 books checked out each month, the library is a literary hub intersecting virtually every facet of prison life. But there is a lot more going on than books flying off the shelves.

There are few proud moments in prison, but one of mine came in the form of a second­hand message from my friend Skooter, now free. A few months after Skooter (with a “k,” he insists) ascended through the corrections system to finally hit the streets, another friend of his was sent back to prison for a parole violation. That friend came to the library one day, and standing at my desk, said, “You’re the guy who broke Skooter out of prison!”

The man explained that he lived near Skooter in a seedy urban rooming house while both were unemployed and barely surviving in their first few months on parole. He said that Skooter had been unable to land a job, working in a series of temp jobs for minimum wage and sometimes faced with a choice between food and rent. It is an all-too-familiar account for young men struggling to emerge not just from a prison, but from a past.

Skooter came very close to giving up, the friend said, but often spoke of his “wanting very much not to disappoint you” by coming back to prison. “So he stayed the course,” said the friend, “and now he’s gotten his life together.”

I first met Skooter several years earlier, one of the scores of aimless, rootless, fatherless, uneducated young men for whom prison can become a warehouse, a place in which thousands of “Skooters” store their aimless, hopeless futures. One day as we slowly ascended the multiple flights of stairs to be checked in at the Education Floor where the prison library is located, Skooter told me with a sense of shame that, at age 24, he had never learned to read or write.

Having resisted all the concerted efforts to recruit him into any number of prison gangs that would only foster his ignorance and exploit it, Skooter became a regular fixture in the prison library.  For an hour a day there, I and other prisoners worked with Skooter to teach him to read and write.

My friend, Pornchai Moontri tutored him in math, Skooter’s most feared academic nemesis. We made sure he didn’t starve, and in return he struggled relentlessly toward earning his high school diploma in prison, a steep ascent in a place that by its very nature fosters humiliation and shuns personal empowerment.

One day, shortly before his high school graduation in May, 2011, Skooter came charging into the library looking defeated. He plopped before me the previous day’s copy of USA Today, opened to a full-page ad by some self-proclaimed Prophet-of-the-End-Time announcing that the world is to end on May 21, 2011, a week before Graduation Day.

“It’s just my luck!” lamented Skooter. “I do all this work and the world’s gonna end just before I graduate.” “It’s not true,” I said calmly.” “It MUST be true,” Skooter shot back. “They wouldn’t put it in the paper if it wasn’t true!” Like many prisoners, and far too many others, Skooter believed that all truth was carefully vetted before ending up in newsprint.

Apocalyptic predictions sometimes play out strangely in prison. I told Skooter that back in 1999, a prisoner I knew became convinced of dire consequences from a looming technological Armageddon called “Y2K.” That prisoner deduced somehow that prison officials would release toxic gas at the turn of the millennium so he spent the night of December 31 sewing his lips and eyes shut. Skooter wanted to know how the guy managed to sew that second eyelid, a small tribute to his deductive reasoning. I pointed out to Skooter in the USA Today ad’s smaller print that this newest End-Time prediction was actually a revision of the author’s previous one set in 1994.

I strongly urged Skooter not to put off studying for final exams because of this. Skooter stayed the course. Since then, a subsequent prison policy barred all prisoners from teaching and tutoring other prisoners, a decision that effectively eliminated all of the positive influence, and none of the negative influence, that takes place in prison, driving the former underground.

Still, that graduation was Skooter’s finest moment, and one of my own as well. It was a direct result of a prison library subculture that grants every prisoner a few hours a week out of prison into an arena of books, a world of ideas, a release of huddled neurons yearning to be free.

A week after graduation, Skooter showed up in the library with a copy of The Wall Street Journal opened to an article by science writer, Matt Ridley. The article explored evidence that the Earth’s magnetic core shifts polarity every few hundred thousand years, and pointed out with dismal foreboding that it is 780,000 years overdue. Mr. Ridley stressed that no one knows its potential impact on our global technological infrastructure.

“It’s my luck!” lamented Skooter as he plopped the article on my desk. “Just when I was thinkin’ about college!”

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The Dark Night of a Priestly Soul

St. Rose of Lima Catholic Church, Littleton, New Hampshire

Do you know what you were doing on any given day in 1972? Can you document your answer? If you are a Catholic priest, you may have to and your life may depend on it.

By Father Gordon J. MacRae

“It seems to the soul in this night that it is being carried out of itself by afflictions . . . This night is a painful disturbance involving many fears, imaginings, and struggles within a man. Due to the apprehension and feeling of his miseries, he suspects that he is lost and that his blessings are gone forever.”

— St. John of the Cross, The Dark Night, Ch. 9, 5, 7

In his book, Secular Sabotage (FaithWords, 2009), Catholic League President Bill Donohue wrote masterfully of the front lines of the culture war between the sacred and the secular. More than at any other time of the year, these two forces face off in the Christmas season in a culture seemingly at war with its own soul.

When I was a young priest, the period from Thanksgiving to New Year’s Day always felt like a mixed blessing. The demands on a parish priest at Christmas are very great. A spiritual observance of Advent and Christmas is an exhausting challenge against an ever-advancing tide of secular materialism.

We priests experience in the Christmas season both the hope of the Incarnation and the limits of our human condition. It’s a spiritually vulnerable time that can heighten the intensity of loneliness, the pain of personal struggles and alienation, the agony of loss. Christmas can bring with it a deeply felt awareness of suffering and shadow, of spiritual and emotional vulnerability. It’s a time when, for some, the spring of hope can feel a lot more like the winter of despair.

When I was asked to write an article addressing the priesthood crisis, at Christmas time, I felt very limited in scope. I was about to mark my twenty-eighth Christmas in prison. Frankly, Christmas in here is simply not what it is out there. It’s a time when the people around me suffer a great deal. Those with families and children are separated from them by impenetrable prison walls. Those who are alone have their loneliness magnified by the onslaught of Christmas imagery.

I set out to write something warm and fuzzy for other priests at Christmas, but, well, it just wasn’t coming. I kept being drawn to some unfinished business, something that has gnawed at me since 2002. Justice requires that I try to make some spiritual sense of it. Now is the time. What I am about to write may be very painful for some to read. Whether you are a lay Catholic, or a priest, deacon, or religious, if you are reading this, I ask that you read carefully and understand.

On December 28, 2002, a brother priest in my diocese took his own life. Fr. Richard Lower was 57 years old. He was a popular and very gifted — and giving — priest and human being. Father Lower had served Our Lady of Fatima Parish in New London, New Hampshire for the previous thirteen years, and he was much beloved by his parish family.

There was a lot that happened in Father Lower’s personal life over the preceding year. He had undergone his sixth painful back surgery. Then he developed septicemia for which he was hospitalized again. Father Lower’s mother died that November. These factors, and likely others that are unknown, left Father Lower physically, emotionally, and spiritually bereft to face the newest terror that was to enter his life two days after Christmas in 2002.

No Crueler Tyrannies

On December 27th, every priest’s worst modern nightmare was visited upon Fr. Richard Lower. He was informed by Diocese of Manchester Bishop’s Delegate, Rev. Edward J. Arsenault, that a claim of sexual abuse had been lodged against him. The ill-defined claim was alleged to have occurred thirty years earlier in 1972 when Father Lower was a young priest serving as an assistant along with Fr. Stephen Scruton at St. Rose of Lima Parish in Littleton, New Hampshire. Father Lower had never been previously accused. The accusation stood alone, but was enough — three decades later — to abruptly end a life of ministry and priestly self-giving.

Based on the single, uncorroborated thirty-year-old claim, Father Lower was informed that the police would be notified. In accordance with the “zero tolerance” policy of the U.S. Bishops’ new Charter for the Protection of Children and Young People, he was suspended from ministry and told that he must immediately vacate the parish he had served for thirteen years.

As was every priest in the Diocese of Manchester, Father Lower was also painfully aware of an announcement from his bishop and diocese made just weeks earlier. In an unprecedented agreement between the Diocese and the State announced in December, 2002, the files and details of every accusation against any priest — regardless from however long ago — would be included in a vast public release of documents in March of 2003. Any privacy rights of the individual priests under canon or civil law were summarily discarded and waived by the signing of this agreement.

Two days after celebrating Christ’s birth in 2002 with the parish community he loved and served for thirteen years, Fr. Richard Lower lived Christ’s scourging, and was about to live the Scandal of the Cross in a way for which he had no defense. Succumbing to the darkest night of his soul, this good priest, walking alone in the valley of darkness, took his own life.

Father Lower died without having either acknowledged or denied the 30-year-old claim brought against him. He died alone, apparently having reached out to no one. He left no note. A lot of people — including a number of priests — lamented that they could only imagine what Father Lower went through in those three days after Christmas.

I did not have to imagine anything. I knew exactly what he went through: the feeling of living in a vacuum, the sense of isolation, the feeling of powerlessness, the utter despair of never, ever being able to erase the scarlet letter indelibly marking the accused — guilty and innocent alike; the sheer impossibility of any defense after the passage of three decades; the overwhelming despair of exactly what Saint John of the Cross described in his Dark Night of the Soul:

“Due to the apprehension and feeling of his miseries, he suspects that he is lost and that his blessings are gone forever.”

Do you know what you were doing on any given day in 1972? Can you document your answer? If you’re a Catholic priest, you may have to, and your very life may depend on it. Innocent or guilty, what Fr. Richard Lower faced in those days after Christmas in 2002 is a hopelessness unlike anything one could imagine without going through it. It was for good reason that Dorothy Rabinowitz entitled her 2005 book about the power of false sex abuse claims, No Crueler Tyrannies: Accusation, False Witness, and Other Terrors of Our Times.

In my prison cell a few days after Christmas in 2002, my eyes closed when I read the headline story. I knew Fr. Richard Lower. He was a priest I admired, and one of only three priests of my Diocese who ever wrote to me in prison.

Nine months before he was accused, Father Lower wrote to another friend lamenting the terror being visited upon other priests. When so many others looked away in silence, Father Lower wrote courageously to challenge the lack of due process and the presumption of guilt when other priests were accused. From an April, 2002 letter of Father Lower to a friend:

“The minute a man is accused, he’s immediately suspended. He is forced to leave his rectory within the hour. The result of this horrendous policy is that the priest is seen to be guilty until proven innocent.”

With reference to his back surgery and other pressures, Father Lower reacted to the media attack that had so consumed the priesthood that year. In the same letter, he wrote:

“With all the bad press the Church has received lately, it is very difficult to either work as a priest in public or even to recuperate as a priest … As always, the press has had a heyday with this topic and reported things whether true or untrue. Because the Church did not handle it properly in the past, they now have a policy of no tolerance … Another fallout to the scandal is that a ‘witch hunt’ has begun. It feels like all priests are suspects and no one can be trusted. Please pray for us.”

After Father Lower’s tragic death, an official of the Diocese of Manchester acknowledged the truth of exactly what Father Lower feared, but also defended the policy. In a local news article, Fr. Edward Arsenault was quoted thusly:

“In parish communities where priests have been put on leave, parishioners already believe them guilty. I know there is some expense. But I am confident that our policy is fair.”

Treasure and Tragedy

It has been documented that some twenty-five American Catholic priests have taken their lives after being accused. Some in the news media have implied that their despair is evidence of guilt. How sad and shallow.

People of justice and conscience have expressed concern that our use of the death penalty in criminal cases may have resulted in the execution of some innocent men. Given the hundreds of innocent men who have been wrongly imprisoned for rape and other crimes, then exonerated by retesting DNA evidence, the concern is justified.

But isn’t it just as likely that some innocent priests were on that list of twenty-five who lost hope? Isn’t it possible that what some of them despaired most was the apparent end of justice and fairness, the sheer impossibility of defending themselves? Believe me on this, accusations of sexual abuse are far more devastating for the innocent than for the guilty. I believe that others who have been falsely accused will corroborate this fact.

Absent clear and convincing evidence — and there has been none — I presume Fr. Richard Lower’s innocence. It’s what the United States Constitution bids me to do. It’s what the rule of law — both Church and civil — bids me to do, and it’s what the Gospel bids me to do. To presume anything else, absent evidence to the contrary, would belie a heart too jaded to claim to live justly and fairly, to claim to live the Gospel of Mercy.

After the tragic suicide of another priest, Fr. William Rosensteel, in June, 2007, Catholic columnist Matt C. Abbott published a powerful statement on http://www.RenewAmerica.com. It was from an unnamed supporter of Father Rosensteel:

“We need to remember how important a person’s good name is. To knowingly harm a person’s reputation without cause and clear evidence is a serious violation of the Eighth Commandment. The consequences of such violations are far-reaching and irreversible. Even a priest who is known to be guilty of the crime of child abuse should not be required to forfeit his life to satisfy attorneys, insurance companies, the media and plaintiffs. How much more is this true of a priest whose ‘case’ has not yet been decided?”

— RenewAmerica, August 7, 2007

As I held the local newspaper in my hand on December 30, 2002, with a headline declaring the scandal of a priest’s suicide, I would have given anything to be on that wooded path that day with Father Lower at what he feared was the end of all things he held dear. I now wish I had the means to write in 2002 what I am writing here. It may have saved this good priest’s life. Even now there is hope — for Father Lower and for us.

First, there’s a lesson to be learned. It’s especially important that priests and lay people reach out to priests burdened with the tyranny of decades-old claims of abuse. In “The Sacred Priesthood,” an essay for the Year of the Priest, Fr. John Zuhlsdorf wrote:

“The sacred priesthood is the common treasure and responsibility of the whole Church.”

Doesn’t that treasure warrant the benefit of the doubt for priests accused? Doesn’t it call us to support them with our words, our prayers, our mercy, and — if needed — our forgiveness?

“Today, the Church prays for persons who have taken their own lives” (Catechism of the Catholic Church 2283) recognizing that people who commit suicide suffer from anguish that can mitigate moral responsibility. I don’t think anyone can look justly at what happened to Father Lower and not see anguish there.

This is a time to have hope for Fr. Richard Lower’s soul, and, from our practice of mercy, for ourselves. We owe it to him and other priests who lost all hope to assist them still with our prayers and Masses, with our Gospel mandate to be merciful. We owe it to our spiritual brothers and fathers in the priesthood to resolve to never again let another priest walk alone through the valley of darkness.

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For my brother, Fr. Richard Lower:

“Softly and gently, dearly-ransomed soul,

In my most loving arms I now enfold thee,

And, o’er the penal waters, as they roll,

I poise thee, and I lower thee, and hold thee.

And carefully I dip thee in the lake,

And thou, without a sob or a resistance,

Dost through the flood thy rapid passage take,

Sinking deep, deeper, into the dim distance.

Angels, to whom the willing task is given,

Shall tend, and nurse, and lull thee, as thou liest;

And Masses on the earth and prayers in heaven,

Shall aid thee at the throne of the most Highest.

Farewell, but not forever! Brother dear,

Be brave and patient on thy bed of sorrow;

Swiftly shall pass thy night of trial here,

And I shall come and wake thee on the morrow.”

— Saint John Henry Cardinal Newman, “The Dream of Gerontius.”

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.

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.

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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

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

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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

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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

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.