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.”