Voices from Beyond
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 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.