“There are few authentic prophetic voices among us, guiding truth-seekers along the right path. Among them is Fr. Gordon MacRae, a mighty voice in the prison tradition of John the Baptist, Maximilian Kolbe, Alfred Delp, SJ, and Dietrich Bonhoeffer.”
— Deacon David Jones
New Hampshire Dark Justice Is Illuminated Down Under
In early 2024, several Civil Rights venues hosted new, hopeful developments in a 30-year-old lingering injustice: the once hopeless 1994 trial of a Catholic priest.
In early 2024, several Civil Rights venues hosted new, hopeful developments in a 30-year-old lingering injustice: the once hopeless 1994 trial of a Catholic priest.
February 7, 2024 by Fr Gordon MacRae
“Fr MacRae was convicted on 23 September 1994 and sentenced to 67 years in a New Hampshire prison. The allegations had no supporting evidence and no corroboration. ... We enter another world with a life sentence. Australia is not New Hampshire, and I don’t believe Australia would blackball the discussion of a case such as Fr MacRae’s.”
— Cardinal George Pell, Prison Journal Volume 2, p.58
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It’s hard to know when to give up on justice. It’s even harder to know when to give up on hope. I have been at the brink of both several times over the last three decades, but I have not yet taken the plunge. I am not sure what that would feel like. Prison is bad enough without adding hopelessness to the mix. Other prisoners watch me for signs of hopelessness. If I descend into it, it will only justify their caving into it as well.
As my 30th year of unjust imprisonment began on September 23, 2023, my friend Pornchai Moontri wrote a post for this blog from Thailand. It is emotionally staggering to read, but it is also filled with hope — the sort of hope for which “the bigger picture” provides much-needed context. Only someone who has suffered and survived a great deal in life, as Pornchai has, could give both suffering and hope equal measure. l was not able to see his post, but our editor read it to me while preparing it for publication. She paused four times to cry.
Not all tears are tears of sorrow. Pornchai’s article deserves an award, but there isn’t one that measures what he and I, and Maximilian Kolbe, and Padre Pio have all been through together and triumphantly. Let that last word sink in. None of us appears on the surface to be triumphant in anything by any measure of this world, but in the Kingdom of Heaven, our enduring hope is radiant.
Its triumph is not just in our endurance, or in any obvious outcome. It is in the grace-filled ability to suffer with faith, hope, and love intact — the greatest of gifts as defined by Saint Paul (1 Corinthians 13:13). If you missed Pornchai’s post, you shouldn’t, but bring a tissue. Bring four of them. Nothing in my experience of the last thirty years makes any sense without the context provided by Pornchai’s heart rending message from our New Evangelization. His post is, “On the Day of Padre Pio, My Best Friend Was Stigmatized.” We will add a link to it at the end of this post.
In the early dawn of this 30th year in prison, there are some recent developments that I now need to write about, but first I must ask for your forgiveness. During the months between September 2023 and now, several of our readers extended kindness and generosity to me and this humble blog by helping with a number of expenses. I have been unable to respond with gratitude in a timely manner. I am sorry. My excuse is just more suffering. Like many in this overcrowded place I came down with a respiratory virus that lasted two months. A weekly post was all the writing that I could handle.
By December, the virus morphed into vertigo so even walking upright from point A to point B became a challenge. Then it became a month-long migraine with chronic double vision. It may even have been a minor stroke. I hope my posts of the last few months did not mirror the struggle I was in to write them. I now await an “outside” consult with an ophthalmologist.
I have begun to feel a little better but the vision problem remains a challenge, though with more recent minor improvements. So besides my BTSW posts, I have managed only a few letters in the last few months. Forgive me, please. We need your help but I am sorrowful to accept it in silence. A family member who had for the last 30 years been managing a small expense account for me with power of attorney has also had some health issues and I have had to relieve him of that burden. Please note at both our “Contact and Support” and “Special Events” pages, that we now have a new address for assistance to me and this blog. The address is: “Fr. Gordon MacRae, P.O. Box 81, Fayetteville, NY 13066-0081.”
You are raised up in thanksgiving before the Lord at every Sunday Mass in my prison cell. If you ever decide to help again in the wake of my only silent gratitude, it would help further if you always include an email address so I may properly acknowledge your assistance.
The Bill of Rights Obliterated
I owe a debt of gratitude to Ryan A. MacDonald, an accomplished columnist who has taken up my cause repeatedly over these many years. His latest articles appeared here over the last few weeks. In “Detective James McLaughlin and the Police Misconduct List” Ryan accomplished something that no other writer has taken on. He exposed concrete examples of how judicial secrecy in New Hampshire has further eroded the rights of citizens to seek justice.
Former Keene, New Hampshire Detective James McLaughlin is now retired, but at this writing he continues in retirement to investigate cases for the local Cheshire County (NH) prosecutor. As many readers now know, he has been exposed for a pattern of corruption and misconduct in his investigations when his name appeared on a once-secret list of officers with credibility issues. He also choreographed a fraudulent case against me that rode the waves to capitalize on Catholic scandal over the last thirty years.
Detective McLaughlin’s name appeared on that secret list for an unspecific 1985 incident of “Falsification of Records.” In some reports it has been described as “Falsification of Evidence,” something that I have accused him of since my own charges first arose over 30 years ago. Getting to the bottom of this is a test of endurance in a legal system that shelters police misconduct through secret and anonymous hearings.
Under a U.S. Supreme Court precedent (“Brady v. Maryland”), prosecutors are required to inform defendants and their defense counsel when an investigating detective is on the list for misconduct. In my case and many others, they did not do so. This discovery constitutes new evidence that can reopen a case. Famed civil rights attorney Harvey Silverglate addressed this in a 2022 Wall Street Journal op-ed, “Justice Delayed for Father MacRae.”
As pointed out in these pages in recent weeks, however, judges hearing former Detective McLaughlin’s petition to remove his name from that list have allowed these hearings to be presented in secret proceedings that are rendered anonymous through the use of “John Doe” in place of an offending officer’s name. Citizens are prevented from offering any further evidence because of this judicial secrecy. On January 24, Ryan MacDonald published another bombshell: “In New Hampshire Courts, Police Corruption Is Judged in Secret.”
His article lays out additional evidence under New Hampshire law for a multitude of other alleged incidents of official misconduct on the part of this officer. They include perjury, witness tampering, attempted bribery, tampering with evidence, and additional incidents of falsification of records. All of this has been shielded under color of law by the practice of sealing police personnel files and hearing challenges to the police misconduct list in secret. Ryan has also cited articles published at InDepthNH.org:
“The records obtained by InDepthNH.org indicate there are more internal affairs reports dealing with McLaughlin which the city has not so far provided. The city has also not provided an explanation for the omission of the other reports.”
The reporter cites a 1988 letter in McLaughlin’s file from then Keene, NH Police Chief Thomas Powers:
“I reviewed your personnel file and several internal affairs investigations. While you have accumulated a number of praises in your career, a disproportionate number of serious accusations and violations have significantly detracted from your record, including a one-week suspension.”
First in the Nation
By coincidence (or probably not) I am writing this post on January 23, 2024, the day that the State of New Hampshire hosts its much-celebrated, but now endangered, First-in-the-Nation presidential primary election. In anticipation of this event, Kentucky attorney Frank Friday penned a superb and provocative article for American Thinker entitled “Our Corrupt FBI : New Hampshire Edition.” It begins ...
“This Tuesday, New Hampshire will hold its quadrennial first-in-the-nation primary. I am sorry to say, I have come to know something of the seamier side of this small state, writing these past years about a great legal injustice that has occurred up there. This is something most Granite Staters don’t like to think about: the Fr. Gordon MacRae frame-up.
“Thanks to the state’s tiny, inbred legal and law enforcement community, the matter was kept quiet for years. But the truth is inevitably coming out especially regarding the ‘hero-detective’ who doesn’t look so good now.
“One of my New Hampshire friends who writes about this has even found a small army of New Hampshire lawyers, police and politicos making a nice living off spurious sex abuse allegations. The local FBI office, no surprise, may even be connected. It’s worth reading the whole thing. You will be appalled.”
— “Our Corrupt FBI : New Hampshire Edition,” AmericanThinker, January 20, 2024
To my great admiration, the Catholic League for Religious and Civil Rights emailed the above article to its entire global network of members. It links in the final paragraph to a previous post here at Beyond These Stone Walls by Los Angeles documentary researcher Claire Best. Mr. Friday is right. You will be appalled! The link goes to, “New Hampshire Corruption Drove the Fr. Gordon MacRae Case.”
And because of the American Thinker article, and the decision of the Catholic League to promote it, that link above surpassed almost all other posts in traffic so far this year. It is just the sort of thing that needs to happen. History has shown that nothing stifles Civil Rights more than a silent Coverup.
Wrongful Convictions Report — Down Under
While all the above was going on in recent weeks, I wrote a painfully difficult article about new developments in the case of the late Cardinal George Pell for whom I also have great respect and admiration. I do not think there has been a Church figure in modern times so unjustly maligned. My December 10, 2023 post was, “The Trial of Cardinal Becciu, the Betrayal of Cardinal Pell.”
An unintended effect was that it caught the attention of a site in Australia that I did not even know existed. Within a week of posting the above link, the site editor, Australian writer Andrew L. Urban, did a deep dive into my own situation and published two outstanding articles there:
“Sexual Abuse or Justice Abused?”
“False allegations, a corrupt detective, flawed judicial decisions ... no wonder Father Gordon MacRae’s life has been ruined, sentenced to a 67-year jail term, after refusing a one-year plea deal wishing to maintain his innocence.”
And...
“The Back Alley of Justice: Fr Gordon MacRae’s Wrongful Conviction”
“Malevolent shenanigans behind the scenes in the Fr Gordon MacRae case, from withholding evidence to witness tampering ... It seems justice took a holiday — and hasn’t returned. Fr Gordon, now 70, has been in prison for men in Concord, USA since he was 41.”
The above two articles are the result of exceptional investigative reporting by Andrew Urban who also published an extended excerpt from one of my own recent posts on Australia’s own Cardinal Pell marking the first anniversary of his death on January 10. Andrew Urban entitled it, the “Week of Pell’s Resurrection.”
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Note from Fr Gordon MacRae: Thank you for reading and sharing this post which casts some needed light on a story otherwise kept in darkness. You will demonstrate to the above writers the importance of this story by sharing it. You may also like these related posts cited herein:
On the Day of Padre Pio, My Best Friend Was Stigmatized by Pornchai Moontri
Our Corrupt FBI : New Hampshire Edition by Frank Friday, Esq.
New Hampshire Corruption Drove the Fr. Gordon MacRae Case by Claire Best
Detective James McLaughlin and the Police Misconduct List by Ryan A. MacDonald
In New Hampshire Courts, Police Corruption Is Judged in Secret by Ryan A. MacDonald
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 here to proceed 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.”
Police Misconduct: A Crusader Cop Destroys a Catholic Priest
Keene New Hampshire sex crimes detective James McLaughlin developed claims against a Catholic priest while suppressing exculpatory evidence and coercing witnesses.
Keene New Hampshire sex crimes Detective James McLaughlin developed claims against a Catholic priest while suppressing exculpatory evidence and coercing witnesses.
Editor’s Note: The following guest post by Ryan A. MacDonald is a response to Fr. Gordon MacRae’s recent, “Predator Police: The New Hampshire Laurie List Bombshell.”
January 26, 2022 by Ryan A. MacDonald
Last week, Fr. Gordon MacRae wrote here about the manipulation of facts and witnesses in his 1994 trial on charges brought forward by former Keene, NH Detective James McLaughlin. This manipulation included allegations that he coerced and threatened a witness, Debra Collett, to alter her first-hand testimony because it did not agree with his bias. Another witness, a former accuser of Father MacRae who recanted, alleged that McLaughlin presented him with a proffered bribe to concoct a false claim against MacRae and conspired to attempt perjured testimony before a grand jury.
These are very serious allegations. They were uncovered years after the trial by former FBI Special Agent James Abbott who conducted a three year investigation of this case. Mr. Abbott obtained signed statements from these witnesses and others that became part of a habeas corpus petition seeking to free Father MacRae from an unjust imprisonment.
As MacRae’s post linked above points out, New Hampshire judges at both state and federal levels overlooked these allegations, and declined to allow an evidentiary hearing to permit these witnesses to testify under oath. From a political standpoint, this may be business as usual in New Hampshire. From a justice standpoint, it is most disturbing.
At the start of 2022, advocates for Father MacRae learned that former Detective James McLaughlin appears on a newly published list of police officers with professional misconduct or credibility issues previously held in secret personnel files. The list had been held in secret for years by the NH Attorney General, but a recent legal decision required its public release. Formally called the “Exculpatory Evidence Schedule,” the list is also known as the “Laurie List” for the NH Supreme Court case that initiated it.
It came as no surprise to discover Detective McLaughlin on this list for a 1985 incident of “Falsification of Records.” That was nine years before MacRae’s trial. Over fifty years ago, the U.S. Supreme Court ruled in Brady v. Maryland that state and federal prosecutors are required under the Due Process Clause of the U.S. Constitution to reveal to defendants and legal counsel all exculpatory evidence uncovered in the investigation of a case.
The failure of prosecutors to reveal the “falsification of records” charge against Detective McLaughlin was a violation of what is known as the “Brady Rule” that can and should overturn a conviction. As a minimum, it constitutes new evidence that can reopen a case for judicial review of the entire case.
Advocates first learned of this Brady violation from an article published at InDepthNH.org by Damien Fisher entitled, “AG Hides Some ‘Laurie List’ Names Hours After Release.” The article, though largely accurate, contained some misinformation. It described MacRae as a “former” Catholic priest which is not accurate. It also cited that MacRae “claimed that McLaughlin offered to pay cash to one of his accusers.” That claim was not made by MacRae, but by the accuser himself who recanted in a signed statement obtained by former FBI Agent James Abbott.
Politics and Prosecution
The New Hampshire Center for Public Interest Journalism, which publishes InDepthNH.org, is continuing its lawsuit seeking full and unredacted disclosure of the “Laurie List” in its entirety. A more recent article by Damien Fisher, “Famed Keene Cop Called Out for Federal Entrapment” (January 11, 2022) detailed a clear case of entrapment by McLaughlin. The article describes the original “Laurie List” charge of “Falsification of Records” by McLaughlin as “Falsification of Evidence.”
Noted Boston lawyers Harvey Silverglate and Alan Dershowitz are long-time associates in the cause of preservation of our civil rights and civil liberties. Mr. Dershowitz wrote the Forward for Silverglate’s acclaimed 2009 book, Three Felonies a Day: How the Feds Target the Innocent. The following is an excerpt:
“Our system of investigation and prosecution is unique in the world. We [in America] have politicized the role of prosecutor, not only at the federal level but in all of our states and counties as well. Nowhere else are prosecutors (or judges) elected. Indeed, it is unthinkable in most parts of the world to have prosecutors run for office, make campaign promises and solicit contributions. In the United States, prosecutors are not only elected but the job is a stepping stone to higher office as evidenced by the fact that nearly every congressman or senator who ever practiced law once served as a prosecutor. Winning becomes more important than doing justice.” (p. xxv)
There were two prosecutors at Father Gordon MacRae’s 1994 trial. One inexplicably took his own life several years later after the first articles challenging this case appeared in The Wall Street Journal and were published along with the items in our Documents page at a site that preceded MacRae’s blog. The lead prosecutor was Bruce Elliot Reynolds. At the time of the high profile trial, he used its notoriety to campaign for another Assistant County Attorney in his office who was running to unseat the incumbent. In New Hampshire, a County Attorney is equivalent to a District Attorney in other states.
There was a lot that went on behind the scenes of this trial. The lead prosecutor was reined in by the judge for sensational media statements about the trial which could (and did) taint the jury pool. The trial drew lots of local news coverage. As it got under way, Mr. Reynolds was chastised by Judge Arthur Brennan for wearing his campaign button before news cameras.
On the day after the trial, for reasons unknown, Reynolds was fired by the winner of the election, the incumbent against whom he was campaigning. Sometime later, Reynolds decided to run for County Attorney himself. His campaign cited his “vigorous” prosecution of Father Gordon MacRae as his most significant “tough on crime” career achievement. Mr. Reynolds was then exposed for some sort of tax matter, dropped out of the race, and left the state. He relocated to the State of Wisconsin.
Prior to the trial, Reynolds sent a letter to MacRae’s defense counsel which laid out terms for a strikingly lenient plea deal for a sentence of one to three years in prison if MacRae would simply plead guilty. He refused this offer because he is not guilty. He refused a similar offer in the middle of trial when the offer was reduced to one-to-two years. The prosecutor asked what it would take to get MacRae to take the deal. His lawyer’s answer: “The dismissal of charges because he is innocent.”
It seemed clear throughout pretrial motion hearings and the trial itself that the real prosecution of this case was carried out by Detective James McLaughlin, the sole sex crimes detective among the 25 or so officers in the Keene, NH Police Department. An account of how Detective McLaughlin investigated this matter is laid out in “Wrongful Convictions: the Other Police Misconduct.”
A Conspiracy of Fraud
This trial was a classic example of why the blending of politics and the justice system often defeats justice. The trial was not about arriving at the truth. It was all about winning, at any cost, because political aspirations and careers were at stake. In no other arena but the political could a prosecution accept without question testimony from a grown man who claimed that he was sexually assaulted five times by a Catholic priest a dozen years earlier at age 15, but returned to be assaulted again and again for a total of five times because he repressed all memory of the vicious assaults from week to week.
Only political blindness could deny and obfuscate the fact that a $200,000 settlement from a Catholic diocese is a possible enticement for perjury and fraud. As Alan Dershowitz observed above, “Winning becomes more important than doing justice.” Such an arena requires the work of an unethical crusader to mold and shape a case toward that end. In Detective James McLaughlin, the State had just such a crusader.
At the “Documents” section on this site is a three-part case history which was the result of substantial research. It includes a most telling document entitled, “United States District Court: Gordon J. MacRae v. James F. McLaughlin, et al.” It requires a little background. Prior to the 1994 MacRae trial, the suppression of evidence and one-sided media coverage was so great that Father MacRae felt his only recourse was to file a lawsuit of his own. It lays out the bold but simple truth of this matter. No one refuted even one of its many claims.
The lawsuit was upheld and survived several attempts to have it thrown out, but in the end it had to be dismissed without prejudice — meaning without a judicial ruling — when MacRae was convicted at trial. He could only bring the lawsuit again if the underlying convictions were resolved. This document lays out perhaps the most chilling factual abuse of police power in this or virtually any other case. It is well worth a review.
Prior to this trial MacRae voluntarily took, and conclusively passed, two polygraph examinations with a noted expert. Some of Detective McLaughlin police reports made allusions to the possible creation of child pornography by MacRae. At the time of his sentencing, Judge Arthur Brennan cited this, claiming that “This Court has heard clear and compelling evidence that you created pornography of your victims.” This never surfaced at all during the trial, but the ugly accusation at sentencing was later used for a purely evil endeavor. It was used by SNAP, the Survivors Network of those Abused by Priests, to bolster a crimes against humanity charge targetting Pope Benedict XVI at the International Criminal Court at The Hague.
Mercifully the effort failed. Eleven years later in 2005 Dorothy Rabinowitz at The Wall Street Journal questioned Detective McLaughlin about the nature and substance of that evidence. “There was never any evidence of child pornography,” he admitted. In this entire matter, that was the only time McLaughlin told the truth.
During the trial, two court observers reported spotting a woman in the gallery giving hand signals to Thomas Grover to begin crying during his testimony. It came after he testified that he was unaware of any plan to sue the Catholic Church. He was asked by MacRae’s counsel to reveal to whom he went first with his accusations: the police or a lawyer. At this point, Ms. Pauline Goupil was observed from the gallery signalling Grover to cry. He was riveted upon her for his entire testimony. At that point she was seen placing her fingers below her eye and then down her cheek in a pantomime of crying. In response, 27-year-old Grover wept loudly and at length. The two witnesses who observed it reported it to the defense counsel who then approached the bench. Judge Brennan cleared the jury from the court and called Ms. Goupil to the stand. She identified herself as a therapist retained by Thomas Grover at the behest of his attorney. All treatment records of Mr. Grover were to be reviewed by the defense pretrial, but neither Pauline Goupil’s records nor the fact of her treatment of Grover were revealed.
Hard evidence surfaced pretrial that Detective McLaughlin conducted some of his one-sided investigation, not from his Keene police office, but from 60 miles away in the law office of Robert Upton, the personal injury lawyer who brought a lawsuit on behalf of Thomas Grover and obtained a $200,000 settlement from the Diocese of Manchester. Family members of Grover revealed years later that Grover was coached to “act crazy” before the jury, to appear vulnerable, and to commit perjury in regard to some of his testimony. When asked who did this coaching, their answer was Pauline Goupil and Detective McLaughlin. These family members, the former wife and stepson of Thomas Grover, were also barred from giving testimony under oath. The two people who observed Pauline Goupil’s courtroom witness tampering were also barred from testifying.
A public debt is owed to the NH Center for Public Interest Journalism which publishes InDepthNH.org. The Center continues an open lawsuit contending that the new law that only partially released the “Laurie List” does not protect the public right to know its extent.
In a 2003 Concord Monitor article — now apparently removed from the Internet — fellow Keene, NH officer Sgt. Hal Brown defended McLaughlin’s shady tactics and actions:
“It’s our job to ferret the criminal element out of society.”
I believe Father MacRae would today agree with me that those are very scary words!
Be Wary of Crusaders! The Devil Sigmund Freud Knew Only Too Well
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Editor’s Note: Please share this important post on your social media.
You may also be interested in these related articles:
Predator Police: The New Hampshire ‘Laurie List’ Bombshell
Police Investigative Misconduct Railroaded an Innocent Catholic Priest
Predator Police: The New Hampshire ‘Laurie List’ Bombshell
Detective James McLaughlin shows up on a previously secret list of dishonest police for falsifying records. In 1994 he falsified the case against Fr Gordon MacRae.
Detective James McLaughlin shows up on a previously secret list of dishonest police for falsifying records. In 1994 he falsified the case against Fr Gordon MacRae.
January 19, 2022
I was hoping to find someone else to write this, but information happened fast and time is critical. So I will write it myself even though I have an obvious conflict of interest. At this writing I am in my 28th year of unjust imprisonment. In that time, every avenue of appeal has been exhausted with no hope for justice. All resources for further appeals are also exhausted. And, frankly, so am I.
Many well-meaning friends and readers have nonetheless urged me in recent years to continue to explore and pursue any means to address what seems for most a clear injustice. My 67-year prison sentence — after rejecting plea deal offers to serve one year — just doesn’t sit well with fair-minded, rational people. That seems especially so given that if I were in fact guilty or at least willing to pretend so in 1994, I would have left prison 26 years ago.
From seemingly out of nowhere, a new development has arisen at the start of 2022. I am told that it has the potential to either right a wrong and set me free or simply fade away like all previous endeavors that left me to die in prison. I had come to accept that latter reality. My focus in the last two years, like that of my friend and patron, St. Maximilian Kolbe, was to set someone else free. I am proud of that accomplishment. It is all I have to show for this injustice. Then, at the very close of 2021, a bombshell exploded on New Year’s Eve.
The New Hampshire LEACT Commission
I received a message that day from an old friend, Joseph Lascaze. Like Pornchai Moontri, Joseph went to prison at age 18. Also like Pornchai, he accomplished something extraordinary in that time. After a few aimless years lost in an aimless prison system, Joseph fought against many obstacles to educate himself. Over those years, he became a close friend to both me and Pornchai. Prison is not a good place to grow up, but Joseph did, and in spite of all obstacles he became an exemplary citizen and gifted young man.
Joseph was released in 2019 and is today the “Smart Justice Campaign Manager” for the New Hampshire Chapter of the American Civil Liberties Union (ACLU). He also serves by invitation of NH Governor Christopher Sununu on the Governor’s LEACT Commission (Law Enforcement Accountability, Community, and Transparency). Joseph has been well received and even honored by New Hampshire law enforcement for his candor and unprecedented contributions to this Commission.
Among many other projects, Joseph has worked with LEACT to make public a previously secret document held by the NH Attorney General entitled the “Exculpatory Evidence Schedule.” It is more popularly known as the “Laurie List” named for the judicial ruling that created it. The ACLU, along with several NH media outlets, sued the state under the Freedom of Information Act to make the list public.
Joseph’s New Year’s Eve message was read to me by another friend who noted that Joseph attached an article he urgently wanted me to see. The article, by Damien Fisher at InDepthNH.org, was “AG Hides Some ‘Laurie List’ Names Hours After Release.” In short, the ACLU lawsuit settlement dictates that the secret ‘Laurie List’ is now to be a public list.
The potential bombshell for me is this: It turns out that Keene, NH Detective James F. McLaughlin, who choreographed the case against me in 1994, was sanctioned and placed on the list for “Falsification of Records” in 1985, nine years before my trial. Another recent InDepthNH article by Nancy West,entitled “AG Removes 28 Names From ‘Laurie List’ of Dishonest Police Outside the Law,” describes what this development potentially means:
“Officers placed on the list sustained discipline for dishonesty, excessive force, or mental illness in confidential personnel files .... If a criminal defendant finds out that such evidence existed, even many years later, he or she can petition the court for a new trial or try to have the charges dropped altogether.”
InDepthNH, November 24, 2021
More than a half century ago, the U.S. Supreme Court ruled in ‘Brady v. Maryland’ that criminal defendants must receive all exculpatory evidence or their conviction could be overturned or vacated entirely.
The Suppression of Exculpatory Evidence
Needless to say, neither I nor my defense were made aware of the 1985 falsification of records infraction against Detective McLaughlin before my trial. But that was certainly not the only suppression of exculpatory evidence. In multiple police reports prepared by McLaughlin before trial — reports which steered the prosecutor’s case — McLaughlin made repeated references to tape recorded phone calls and interviews from which he made specific claims.
Some of the subjects on those tapes claimed that McLaughlin grossly misquoted them or included statements that they never made at all. Despite a court order to turn those recordings over to my defense, every one of them disappeared before trial. McLaughlin claimed, for example, that a specific tape was “recycled” and a transcript that his report referred to was never made due to a “clerical error.” Years later, McLaughlin sent that same tape to The Wall Street Journal despite the fact that it contained none of what he said it contained. Writing in The Wall Street Journal in 2005, Dorothy Rabinowitz addressed this:
“On the police tape, an otherwise bewildered-sounding Fr. MacRae is consistently clear about one thing — that he in no way solicited [anyone] ... 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 the charge and its causes 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.”
A Priest’s Story Part 1: The trial, April 27, 2005
There was no evidence at all in the case brought against me in 1994. In New Hampshire — as in many states since the 1980s — no evidence is needed to convict someone accused of a sexual offense. No evidence was admitted at my trial beyond the word of 27-year old accuser, Thomas Grover, a man with a criminal record who stood to gain $200,000 for making the claim.
The story of how that trial unfolded has received much attention over the years. Dorothy Rabinowitz, a Pulitzer-prize winning member of The Wall Street Journal Editorial Board, published two major articles on my trial and its back story in 2005 and a third in 2013 entitled “The Trials of Father MacRae.”
These articles sparked some national interest, but no one could have predicted the tidal wave of accusations against Catholic priests that arose in 2002 and continued until the present day. Other media — including most in the Catholic media — decided to look the other way in any case of injustice against a priest.
Seeking justice has been a steep uphill battle. In 2009, at about the same time this blog began, a new investigator began a fresh look at the case. A decorated career FBI Special Agent Supervisor, he ended his investigation in 2012 concluding, bluntly:
“In my three year investigation of this matter, I found no evidence that MacRae committed these crimes or any crimes. Indeed, the only ‘evidence’ was the statements of Thomas Grover which have been discredited by those who were around him at the time including members of his own family.”
Affidavit of former FBI Special Agent Supervisor James Abbott, Ret.
Alarming New Evidence Alarmingly Ignored
When no evidence is needed to put a man in prison there is no evidence to dismantle or challenge. Nonetheless, Mr. Abbott’s investigation uncovered many things, including allegations of misconduct by Detective James McLaughlin. New witnesses were interviewed and they bravely came forward to write and sign statements in the case. Their evidence is profiled by David F. Pierre at The Media Report under the title, “Alarming New Evidence May Exonerate Imprisoned Priest.”
Among the many statements described and quoted there is one from Steven Wollschlager obtained by the Investigator. Steven, facing a drug charge, described being summoned to the office of Detective McLaughlin where, he alleges, he was offered a direct monetary bribe in exchange for a fabricated accusation against me. He was given $50 in cash and told that “a large sum of money” could be obtained in a civil suit. “Life could go a lot easier for you with a large sum of money,” McLaughlin allegedly said.
Steven wrote that the detective “knew I was using drugs at the time and could have been influenced to say anything for money.” Enticed by the prospect, Steven agreed to come up with a fabricated claim. He then received a summons to appear before a Grand Jury to help bring a new indictment. It was a testament to his integrity that his conscience, instead of the proffered bribe, became his guide. He decided that he could not do this “to someone who only tried to help me.” He was then told to go away because “we won’t be needing anything more from you.”
I write that these witnesses “bravely” decided to come forward because some of them were threatened by Detective McLaughlin before my trial. One witness, former drug abuse counselor Debra Collett who treated Thomas Grover, denied that he accused me during therapy sessions as he alleged. She described being “bullied,” “coerced,” “overtly threatened” by this detective when she would not say what he wanted to hear. “I will come to your house and physically drag you out of it,” she was told.
Ms. Collett described that the entire interview was recorded, but that tape, like other exculpatory evidence, “disappeared” before my trial. It is shocking that judges reviewing my appeals declined to even hear from these witnesses. Innocence Project founders Barry Scheck and Peter Neufeld described how such misconduct by police was sometimes covered up by judges. From their acclaimed book, Actual Innocence:
“For 64 percent of DNA exonerations analyzed by the Innocence Project, misconduct by police or prosecutors played an important role in the convictions. Lies, cheating, distortions at the lower levels of the system are excused at the higher ones.”
Barry Scheck, Actual Innocence, p. 225
That is exactly what happened when my habeas corpus appeal and its accompanying memorandum of Law was filed in 2012. One judge after another summarily declined to hold any hearing that would give these witnesses a chance to go on record. One possible reason for this is that Detective McLaughlin has brought forward hundreds of cases with an almost 100-percent conviction record through offers of lenient plea deals.
I believe judges are reluctant to deal with the “Pandora’s Box” of challenged convictions if this officer’s challenged integrity becomes public. I wrote more about this in a March 2021 post, “Wrongful Convictions: The Other Police Misconduct.”
I was entirely demoralized by the judicial lack of regard for truth and due process in this story. A witness, who directly accused a sworn officer of offering a bribe to suborn perjury before a grand jury has been simply ignored and silenced. I saw no further path if judges can willfully decline to hear such testimony.
So my attention turned then to assisting my friend, Pornchai Moontri, whose plight was even more brutally unjust than my own. I made a promise to him, to myself, and to God that I would use whatever time I had left in life to do all I could to bring forward the truth of his situation and free him.
With help from readers, I did just that. The person who arranged for him to be brought here from Thailand at age 11 — only to be horrendously exploited and sexually abused — was found and brought to justice in 2018. He pled “no contest” to forty felony charges of sexual assault of a minor in Penobscot (Maine) Superior Court in September 2018, but was sentenced (are you sitting down?) to zero prison time and 18 years probation.
I had no reason left to expect anything even remotely resembling justice from our justice system. But then, yet another ray of hope surfaced just at the dawn of a new year.
I do not know what to do. The prospect of possibly emerging as a free man after over 27 years unjustly in prison is daunting. The very infrastructure of my life has long since disintegrated. Even in prison I remain a priest, but in freedom I doubt that my bishop would do anything to help me. I will be 69 years old in April, 2022. At the age at which most people plan for retirement, I would be faced with starting life anew. But how? Where? Would I now be required to sacrifice priesthood for freedom?
It will be many months before there is clear direction on what comes next. I will keep you posted ... .
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Please visit our new “Documents” section in the Navigation Bar for more information about this story. Please also share this post. You may be interested in the following relevant posts:
Wrongful Conviction: The Other Police Misconduct
The Trials of Father MacRae by Dorothy Rabinowitz
The Trial of Father MacRae: A Conspiracy of Fraud by Ryan MacDonald