The Acquittal of O.J. Simpson and the Conviction of Father MacRae

The trial of O.J. Simpson and the trial of Fr Gordon MacRae were parallel dramas playing out on opposite sides of the U.S. in the 1990s and with opposite results.

April 17, 2024 by Fr Gordon MacRae

Editor’s Note: The above image depicts O.J. Simpson at the time of his arrest in 1994 and Father Gordon MacRae in 1983 at the time his accusations are alleged to have taken place.

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On the night of May 5, 1993, I entered into a nightmare from which I have not yet awakened. I had dinner that evening at a small Rio Rancho, New Mexico diner with two friends with whom I also shared a home and office, Father Michael Mack and Father Clyde Landry. I wrote of them once, and of the chasm of loss brought about by their sudden absence from my imprisoned life, in “The Holy Longing: An All Souls Day Spark for Broken Hearts.”

Minutes after arriving at home on that evening in 1993, the doorbell rang. I opened it to see two Rio Rancho police officers standing there. “We’re looking for a Gordon J. MacRae,” one said. “I am he,” I replied. “Please turn and face the wall,” said one of the officers as he placed me in handcuffs to escort me to his cruiser.

That scene, and the ones to follow that night, have replayed in my mind a thousand times since then. I was driven to the Rio Rancho Police Headquarters where Detective Arlan Norby showed me a warrant for my arrest issued weeks earlier 2,000 miles away in Keene, New Hampshire. The warrant described that I stand accused of numerous charges of sexual assault upon two adolescent males alleged to have occurred a dozen years earlier. It listed their identities only as “T.G.” and “J.G.” and I had no idea who they were.

It did not take long for the true nature of the case to surface. Detective Arlan Norby told me that he had numerous telephone conversations with Keene, NH, Detective James F. McLaughlin who was investigating these claims, and added, “This is all because your church has not been handling these cases very well.” From that moment on, I knew this would not be a simple case of truth and justice, and I was right. I was not to be the one on trial.

Within three days, I was released from custody on a personal recognizance bond ordered by a New Mexico judge, and the long, slow process of obtaining information on the case against me began. It was weeks before I learned the identities of “T.G.” and “J.G.” and when I did, I had not thought it possible. I remembered Thomas Grover and his brother, Jonathan, two Native American young men who, years earlier, had been adopted in the Keene area by Patricia and Elmer Grover who divorced after adopting eight multi-racial children. Theirs was not an easy life, but it seemed they found an easy repository for their life’s woes — that and a road to easy money.

Thomas Grover, then age 27, had a criminal record of his own for fraud, forgery, theft, and drug charges, and had pending domestic violence and assault charges. His brother, Jonathan Grover, then age 25, had been discharged from the U.S. Navy after a drunk driving arrest. Jonathan Grover had by then also accused another priest. I could not fathom then how or why these brothers would concoct such a scheme, but the rest of this story — at least, the parts we know, for there are still mysteries yet to be uncovered here — has since been published by various writers including Dorothy Rabinowitz whose summation you may read for yourself as it unfolded in “The Wall Street Journal on the Case of Fr Gordon MacRae.”

It took a full 18 months, and the refusal of numerous lenient plea deal offers, before the case was scheduled for trial. At one point, in a highly unusual development, the prosecution requested a six-month delay because the principal accuser, Thomas Grover, had become uncooperative. It was later learned that he rebelled because he was told that I refused a one-year plea deal. He had apparently been assured that there would be no trial and he could just move on to the money.

It was an irony that I had not fully considered at the time, but I had been living in New Mexico for the previous five years because I was working in ministry as Director of Admissions for the Servants of the Paraclete center for priests. Over the previous two years, the center had become notorious in both local and national news media — including “60 Minutes” which did a shameless, one-sided “gotcha” segment over the treatment of Father James Porter some twenty-five years previously, a case that was ever in the background of my trial.

Thomas and Jonathan Grover’s older brother, David, was actually the first to accuse me. A police report documented that he heard on his truck radio about eighty blanket settlements in the notorious “Father Porter” case by the Diocese of Fall River in neighboring Massachusetts in 1993. He had to pull over, he later claimed, as a flood of repressed memories of abuse suddenly emerged.

David Grover was the first to attempt the scam, claiming that he was molested by me at my parish at age twelve. It somehow became known that I was never there until two weeks before he turned 18 and joined the U.S. Army. So the process of charging me with even a semblance of possibility fell to his two younger brothers. Blatant lies are no obstacle to settlement, however. My diocese still settled with David Grover for $185,000.

This pattern has not changed since then. Even as I write this post, I have learned that my diocese, the Diocese of Manchester, New Hampshire, provided a six-figure settlement last month, when a newly emerged accusation against a long deceased priest claimed that he molested a teenager more than 50 years earlier in 1972:

“No lawsuit was filed because the alleged abuse happened outside the statute of limitations, but the attorney representing the John Doe who was involved said it’s important for survivors to come forward as part of the healing process.”

“In a statement, the Diocese of Manchester said, in part: ‘The Diocese of Manchester provides financial assistance to those who have been harmed, regardless of when the abuse occurred, through a process utilizing independent trauma-informed consultants.’”

— WMUR News, March 26, 2024

The White Bronco

I had to take a leave from my ministry with the Servants of the Paraclete center as I awaited trial, but the superiors of the Order in New Mexico asked me to remain with them throughout my ordeal. It was a courageous gesture of mercy and support for which I have only gratitude, even after all these years.

It was while living with that community that I walked into our common room a few weeks later on June 17, 1994, to see the now famous televised spectacle of a white Ford Bronco being pursued at low speed on a Los Angeles freeway by a dozen police vehicles and TV news helicopters. Ever since then, the case of O.J. Simpson seems in my memory to be the backdrop against which my own nightmare played out.

My trial, from jury selection to conviction, was over in less than two weeks because there was zero evidence for a jury to review. I was pronounced guilty in less than two hours of jury deliberation, and then sent to prison with a 67-year sentence on September 23, 1994. Most of the local news media pounced on the “priest in prison” story while ignoring the fact that I had three times been offered a sentence of one year in prison if I would plead guilty.

The O.J. Simpson trial, by contrast, stretched on for nine months, dominating the background of my entire first year in prison. It was all other prisoners ever talked about. Because the trial was televised, it seemed the only thing every prisoner watched. I did not have a television then, but I was crammed into a cell with seven other men, and had a daily dose of the O.J. Trial whether I wanted it or not.

Still from KCLA News Los Angeles video

“If It Doesn’t Fit, You Must Acquit.”

Thanks to television, the entire nation had a front row seat to the rare drama of “The O.J. Trial.” The spectacle included the opening statements of L.A. prosecutors Marcia Clark and Christopher Darden on January 24, 1995; the theatrical opening statement of defense attorney Johnny Cochran the next day, and some famous names among lawyers as F. Lee Bailey, Barry Scheck, and Robert Shapiro joined him in O.J.’s million dollar Dream Team defense.

In the year-long spectacle, we heard L.A. Detective Mark Fuhrman grilled by defense attorney F. Lee Bailey for his suspected history of racist remarks only to later assert his Fifth Amendment right to refuse questions after tapes were played in open court. Then Attorney Robert Shapiro cross-examined Detective Vanatter about statements he allegedly made to mob informants that shed light on why the L.A. police went to the home of O.J. Simpson in the early days of the case.

We witnessed the heavily hyped scene of O.J. trying on the gloves obtained as prosecutorial evidence resulting in Johnny Cochran’s most famous sound bite to emerge from this trial “If it doesn’t fit, you must acquit.” And we saw all of this entirely eclipse a mountain of physical and scientific forensic evidence against O.J. Simpson, including DNA evidence. But none of it mattered. None of it could defeat the theatrics.

In his closing argument before the jury, O.J. defense attorney, Johnny Cochran compared Los Angeles Detective Mark Fuhrman to Adolf Hitler. In his closing argument in my trial just a few months earlier, prosecutor Bruce Elliot Reynolds compared me to Adolf Hitler. However, my attorney had already left the trial and was not there to object.

On October 2, 1995, after a trial that presented mountainous evidence over the course of nine months, the O.J. Trial jury reached a verdict in just three hours. It was one of the most watched moments in American television history. From my prison cell, having served a year in prison with just sixty-six left to go for crimes that never took place and for which there was no evidence at all, I heard the O.J. verdict: “not guilty” on both counts of murder.

Book cover by Graymalkin Media. Photo by AFP

Now Comes Marcia Clark

Three years after the O.J. Trial ended, with me still in prison, I received a letter from the studios of Mark Phillips Films and Television in Los Angeles. Here’s the entire letter dated January 15, 1998:

“Dear Father MacRae: I work for former Los Angeles prosecutor Marcia Clark. She is doing a primetime special for FOX Broadcasting Network which will air at 9:00 PM on Monday, February 16, 1998. Through the National Justice Committee I heard about your story. I talked with Mark Phillips, the Executive Producer of the show, about your case. He in turn talked with the executives at FOX about profiling your story on our special, and they want to feature your story on our show.

“Basically what we are doing in this one-hour, one-on-one interview show with Marcia Clark is to send her wherever the story is. She would do a sit-down interview with you. The interview would end with you taking a polygraph test. I understand you have taken several polygraphs in this case, and have passed them.

“We want to profile your story in a more positive light. It is obvious to us that an injustice has occurred in your case, and through profiling your story we want to get the word out that justice has not been served, and that there is an innocent man sitting in prison who should be free. By getting your story out, people will think twice about blindly accepting charges brought by one person against another person in your situation.”

— Letter of January 15, 1998 from Mark Phillips Films & Television

I accepted Marcia Clark’s invitation immediately, though I added that my accusers should also cooperate with polygraph (lie detector) tests. This had been proposed a number of times, but none of my accusers or their attorneys would even acknowledge similar invitations to take a polygraph or respond to questions. When a former FBI agent investigating the case found and approached accuser Thomas Grover at the Hualapai Tribal Reservation in Arizona where he is hiding, all he would say is “I want a lawyer.” Where I live, pretty much everyone knows what “I want a lawyer” means.

But to make a long story shorter, the 1998 Marcia Clark program was a dead end. New Hampshire officials blocked the plan and would not allow FOX to conduct an on-camera interview, nor would they allow the polygraph expert to test me. Fox executives sent an appeal to then Governor Jeanne Shaheen (now U.S. Senator Jeanne Shaheen, D-NH) who responded in a letter dated January 31, 1998:

“I understand your company’s interest in an on-camera interview with Gordon J MacRae, who is currently an inmate in the New Hampshire State Prison, however I will not interfere with the decision not to allow media access to Mr. MacRae.”

So the Constitution, the First Amendment, and Freedom of the Press all took a back seat to some hidden agenda. The interest of Marcia Clark, however, is the real reason I am writing of this today. Perhaps the overture would have been different after the fall of the priesthood in the revelations of 2002 and 2003 which managed to squash all other media courage — except that of Dorothy Rabinowitz and The Wall Street Journal — in seeing both sides of this story.

In the trial of O.J. Simpson, Marcia Clark saw justice fail in a very big way as a prosecutor trying to bring justice to two murdered victims in Los Angeles. Just three years later, for her to even attempt to bring justice to another high profile story when the rest of the media world was just spitting on it is, for me, a sign of real courage and integrity that is sorely lacking in most of the news media today.

In 2016, twenty one years after the O.J. Trial, the FX cable television network broadcast American Crime Story: The People v. O.J. Simpson, a dramatic presentation of the trial. The series was built upon a factual publication of CNN Legal Analyst Jeffrey Toobin entitled, The Run of His Life. It was a serious effort with an impressive cast including Academy Award-winning actor Cuba Gooding, Jr. as O.J. Simpson, Sarah Paulson as prosecutor Marcia Clark, and John Travolta, Nathan Lane, and Courtney B. Vance as defense attorneys Robert Shapiro, F. Lee Bailey, and Johnny Cochran respectively.

Executive Producer Nina Jacobson promised that “looking back at O.J. helps us understand the world we live in now — 20 years later.” Well, Nina, the world I live in now 30 years later makes me want to turn the channel and run for cover. Justice is not served, then or now.

So my first thought was that I’d rather have a root canal than relive the O.J. Trial! But in a saner, quieter moment, I came to the only conclusion possible. How could I NOT watch? Maybe someone else in the media will catch the example of the likes of Marcia Clark and Dorothy Rabinowitz and grow a spinal column.

O.J. Simpson passed away from cancer at the age of 76 on April 10, 2024, the day after my 71st birthday in my 30th year in prison.

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Note from Fr Gordon MacRae: Thank you for reading and sharing this timely post. You may also like these related posts from Beyond These Stone Walls :

In the Diocese of Manchester, Transparency and a Hit List

Police Misconduct: A Crusader Cop Destroys a Catholic Priest

Detective James McLaughlin and the Police Misconduct List

Convicted for Cash: An American Grand Scam

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.

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

A Grievous Error in Judge Joseph LaPlante’s Court

Several years after sentencing Father Gordon MacRae to life in prison, Judge Arthur Brennan was arrested in Washington, DC in 2011 during a protest in which he tried to occupy the US Capitol Building.

A Criminal Defense Expert Unfurls Father MacRae Case

Criminal Defense Attorney, Vincent James Sanzone, explains why the case of Father Gordon MacRae has been no measure of justice for either Church or State.

The unjust imprisonment and suffering of Catholic priests at the hands of communist, fascist and other evil despots has and will unfortunately never end. And let’s not forget that Jesus Christ himself told his apostles that the world will hate them as they hated him. Christ was falsely accused and condemned because one man, Pontius Pilate, like most of us, did not have the courage to stand up against the hysterical crowd which did not know, or want to know the truth. As our Lord taught, “The Son of Man came … not to be served but to serve and to give his life as a ransom for many.” (Mt 20:28)

When such persecutions occur there is little if anything that the Church can do. Could even our Holy Father, Pope Francis do anything to stop the daily killing of Christians throughout the world today?

Such unjust punishments are not limited to these regimes, and one such travesty of injustice which has been occurring for the last 30 years right here in the United States is the wrongful conviction and imprisonment of Father Gordon MacRae. In 1994 this young and dedicated priest was sentenced by a New Hampshire state judge to the draconian sentence of 33 ½ to 67 years, effectively a life sentence. Because Father MacRae refused to admit to a crime which he did not commit so as to take a plea offer before trial, nor will he do so now, he will not be paroled from prison, and is likely to die in jail.

Any reasonable person examining the trial with any degree of fairness can come to no other conclusion: the prosecution and continuing imprisonment of Father Gordon is not only a tragedy for this good and holy priest, for all clergy and the faithful, but is also a blight on our criminal justice system. The machine of the criminal justice system of the State of New Hampshire is not attempting to re-examine this case and rectify it.

It is without dispute that our society in general is quick to condemn someone accused of committing a crime, especially when there is an allegation of a sexual crime, and more so when the accuser claims involvement of a Catholic priest. Even one with the most conservative law enforcement mindset would deny that for the last 25 years the deck has been stacked against any priest charged with a sexual offense, and that it is almost impossible for a Catholic priest to be processed fairly by jury and judge.

At the time of Father Gordon’s prosecution there was a climate of media-fueled national hysteria regarding any allegation of sexual offenses on anyone under 18 years of age, whether true or false, especially if a Catholic priest was purportedly involved. Such a climate almost entirely preempted juries from fairly applying the reasonable doubt standard, as they were and are prone to believe any allegation of sexual misconduct no matter how bizarre. Many legal scholars have examined the hysteria of the 1980s and 1990s, and equate this period to the Salem witch trials of the seventeenth century. The prosecution of Father MacRae was also fueled by sensationalistic media hype with little concern for civil liberties and the presumption of innocence. As one court put it at that time:

“[A] series of highly questionable child sex abuse prosecutions … were fueled by a vast moral panic … a period in which allegations of outrageously bizarre and often ritualistic child abuse spread like wildfire across the country and garnered world-wide media attention.” “[T]remendous emotion [was] generated by the public” as a result of which “the criminal process often fail[ed]”

— ”Friedman v. Rehal”, 618 F.3d 142, 155, 158 (2 Cir. 2010).

The genesis of the criminal prosecution of Father Gordon MacRae is no different than what is to be found in most other wrongful convictions. The convergence of factors in this case was a perfect storm for this wrongful conviction. In the wake of these factors, Father Gordon had zero chance of receiving a fair trial and being acquitted of the false charges at trial. As a practicing criminal defense attorney involved in many such cases over the last 25 years, any defendant charged with such a crime must actually attempt to prove his or her innocence. The jury has a sacred duty when charged with deliberating a criminal case: they are to respect that the defendant is innocent and has no burden to prove that innocence, with the burden of proving guilt beyond any reasonable doubt belonging to the prosecution. All of this is often ignored by juries.

In Father Gordon’s case, the evidence is overwhelming that false criminal allegations were brought by a manipulative man with a financial motive to lie. The accuser was trained and coached during the entire process by his attorney, who was seeking a large payout from the diocese of Manchester. The accuser had a long history of alcohol and drug abuse and involvement in the criminal justice system as well as a long history of opportunistic and manipulative lying. Years after the verdict, it was discovered that he bragged to friends and family members how he manipulated the justice system and the diocese. The entire prosecution of Father MacRae hinged upon the inconsistent, contradictory, and incredulous testimony of this one accuser. Father Gordon’s only “crime” had been to try to help this young man who had no family support and was heading down the path to destruction.

In the early 1990s it was common knowledge in New Hampshire that the Diocese of Manchester, as other dioceses in the United States, was paying huge sums of money to anyone claiming to have been abused by a priest. The Diocese was making these payments while conducting little or no investigation to determine the validity of the claims. It was a windfall for predatory personal injury attorneys making money off the backs of faithful parishioners, and a dream come true for scammers and fraudsters looking to cash in. Such was Thomas Grover, a foster child of the Grover family, which sought the help of Father Gordon to counsel and help Thomas. His foster parents struggled with their son’s alcohol and drug abuse, as well as with his mental health problems and frequent run-ins with the law. Years later, when Thomas Grover became aware of the large amounts of money that the Diocese was paying out to accusers, saw his opportunity to make a large amount of money. This was the way he “thanked” Father Gordon for all that he had done for him, weaving a string of lies impossible to refute.

There was not a single witness except Grover himself, which makes his story absurd, since he claimed that he was assaulted by Father Gordon in very public areas. Yet, Manchester Diocese paid him nearly $200,000.00.

Based on legal papers submitted in federal court, credible witnesses have now been located and have come forward, willing to testify that Grover admitted committing perjury at trial, and bragged about how he scammed the diocese and the justice system. Grover’s former wife, Trina Ghedoni, and stepson, Charles Glenn, have admitted that he was a “compulsive liar”, “manipulator”, “drama queen” and “hustler” who had a long history of lying to get what he wanted. When confronted with his lies, he “would lose his temper”, and would then admit himself into the psychiatric unit at Elliot Hospital. While seeking “help”, he would accuse others of molesting him. He accused another unnamed clergyman as well as his foster father and baby sitters when he was a child. In addition to his psychological state and alcohol and drug addition, he had an extensive criminal history prior to making his false allegations against Father Gordon. Grover was arrested and convicted for two burglaries, two forgeries, two thefts, theft by deception, assault on a police officer, and aggravated assault on his former wife when he broke her nose during one of many such beatings. His former wife considered him to be a sexual predator, and never left her two daughters from another relationship alone with him while they were living together, as he would eye and grope them.

In April of 2005, the lead detective James F. McLaughlin was confronted with these sobering facts about Grover in The Wall Street Journal articles by Dorothy Rabinowitz about the unjust conviction of Father Gordon. In response to his botched and incompetent investigation, McLaughlin made himself a self-appointed psychologist and responded remarkably by saying: “So we had all these elevated activities with our male victims, so in a sense, when you have a victim present that has this baggage, it’s corroborative of their victimization” (“Story of Jailed Priest Retold”, The Union Leader: Manchester NH, April 28, 2005).

At trial, Grover lied and told the jury that he needed money from his lawsuit with the Diocese for therapy because of the “abuse.” However, after his $200,000.00 payout, and after the trial was over, Grover did not attend one therapy session but took his former wife to Arizona, where he blew it all on alcohol, drugs, cars, pornography and gambling. In fact on that trip he lost about $70,000.00 on a Las Vegas gambling spree. In addition, he stiffed the casino another $50.000.00 on a credit line which he fraudulently applied for by providing false information about his job and income. A collection action initiated by the casino was unsuccessful. His wife finally left him in 1998 when the money was gone, and Grover was caught in bed with his biological sister.

Grover’s testimony at trial did not border on the absurd; it was absurd. His shifty testimony was fantastic, nonsensical and contradictory. When he was spoon-fed by the direct questioning of prosecutor Bruce Elliot Reynolds, he was able to recite his rehearsed testimony. However, on cross-examination it was far different. Every time he was trapped in a lie or inconsistent statement he fell back on his rehearsed line, saying that question “overloads my mind and… leaves me more or less in shock for days after…”

When Grover was confronted as to why he did not report the abuse for 10 years he claimed that he repressed the memory of the abuse, and it was “difficult to talk [about it] in front of people” until he spoke to his attorneys.

The fundamental question must be asked about our justice system; how could any reasonable jury, having the sworn duty to acquit Father Gordon unless the prosecution proves guilt beyond a reasonable doubt, find him guilty under this type of incredulous testimony? The State had the burden of proof. How could they have gotten it so wrong? Before a jury could find him guilty they would have to have found Grover’s testimony completely credible. Under our criminal justice system no competent and reasonable jury should have found this type of testimony sufficient to convict a Catholic priest who, previous to these series of false allegations, had never been convicted of anything.

Not unlike other unjust convictions, the law enforcement investigation of Father Gordon was both overzealous and intentionally unfair. The lead detective, James F. McLaughlin, was not interested in a fair and impartial investigation, but only in creating and spinning the facts to support his — and eventually the prosecution’s — theory of the case. McLaughlin also suppressed any facts which clearly pointed out that Father Gordon was innocent of the false allegations made by the accuser. McLaughlin engaged in investigating this matter in a way that was patently unfair and used his power as a law enforcement officer to suppress witnesses who were willing to testify for Father Gordon MacRae.

To make matters worse, Father Gordon’s bishop at the time of his trial did not support him, but in fact allowed his office to issue a press release prior to trial which literally condemned the accused priest. This misstatement by the bishop helped fuel media hysteria, and it unquestionably tainted the potential jury pool, insuring the prosecution of a conviction. The bishop did not stand up for one of his priests with courage, but rather retreated to bureaucratic-clericalism, more worried about pleasing his lawyers, insurance carrier and insulating the diocese from potential civil liability. This abandonment by the diocese has continued for 30 years. The bishop’s technique accomplished nothing because the diocese paid out monetary awards to any and all accusers. The greater cost, of course, was the loss of any trust of the priests of the diocese for the bishop and chancery. Not only was Father Gordon not able to count on his bishop for support, but the bishop negligently or intentionally acted in such a way as to let the public be given the message that Father Gordon was guilty. The bishop needs to answer questions about sacrificing priests on the altar of insurance considerations. To date it is conservatively estimated that the Church in the United States has paid over $4 billion in claims because of the sexual abuse scandal. How many of these claims were outright false can only be guessed. In any case, the bishop distanced himself from Father MacRae and left him on his own.

If the cards were not already stacked against Father Gordon, his defense attorney at trial was no help. Father Gordon was represented by Ron Koch, an attorney from New Mexico, who died in the year 2000 at the age of 49. Although this attorney did his best to defend Father Gordon, he nevertheless made critical trial errors which hurt the defense and opened the door for the prosecutor to introduce prejudicial evidence which the trial judge had already ruled was inadmissible and not relevant. Mr. Koch was forced to split his time between his active criminal practice in New Mexico and preparing for Father’s Gordon’s trial, which Mr. Koch was unable to do. Mr. Koch failed to conduct important pretrial discovery and inadequately prepared the case for trial. Father Gordon trial counsel was unprepared and out matched, and therefore constitutionally ineffective. Father Gordon’s constitutional rights to procedural due process and a fair trial were eviscerated. Mr. Koch failed to interview and subpoena critical witnesses for the defense, failed to go to the scene in which Grover alleged that he had been touched, and lastly, failed to preserve attorney-client privileged documents which Koch turned over to the prosecution.

Many people unfamiliar with the criminal justice system in the United States believe that the criminal justice system eventually corrects an unjust conviction. This sadly is the exception and not the rule. Under our judicial system the jury verdict is final, and most appeals, regardless as to the justice of the verdict are denied. Father Gordon is going on 30 years of imprisonment. Every appeal has been rejected without hearing. No judge in New Hampshire would agree to hear new evidence or new witnesses in this matter. On March 17, 2015, federal district court Judge Joseph Laplante, who many had high hopes would grant Father MacRae’s writ of habeas corpus, instead, granted the State of New Hampshire’s motion to dismiss on the pleadings. The judge did not even grant Father Gordon an evidentiary hearing.

The Catholic Church cannot proclaim the fullness of the truth without its priests. Every priest has been called by God for this mission. The Church has no alternative but to pursue and fight for authentic justice, and it must start with Father Gordon MacRae. No pope, cardinal, bishop, priest, or anyone among the laity can sit by and permit this injustice to continue. Diabolic advocacy and persecution of the Church has prevailed and will continue. Satan knows his enemy, and his enemy is the Holy Roman Catholic Church, in particular its clergy. Satan’s relentless pursuit is against the only institutional defender of natural law and of life in the world, from the moment of conception to natural death, the Catholic Church.

St. John Vianney, the patron of parish priests, understood this all too well. He was also subjected to outrageous lies about his character when he made this profound statement over 150 years ago:

“When people wish to destroy religion, they begin by attacking the priest, because where there is no longer any priest, there is no sacrifice, and where there is no longer any sacrifice, there is no religion.”

At the end of our brief temporal life all of us will be judged for what we “did and failed to do”; did we all do what is right and just?

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Vincent James Sanzone, Jr., Esq., loves his Catholic faith, and has been a practicing criminal defense attorney in New Jersey for the last 35 years. Attorney Sanzone is a member of the New Jersey Bar Association, of the National Association of Criminal Defense Attorneys, and of the Legal Center for Defense of Life. He is admitted to the bar in the State of New Jersey and the United States District Court for the District of New Jersey as well as Federal Appeals Courts for the Third and Fourth Circuits. In addition, he has been admitted to practice pro hac vice in the Southern District of New York, and in the Federal District Court for the Northern District of Ohio. Attorney Sanzone has argued successfully before the New Jersey Supreme Court, and has tried hundreds of criminal trials. Many of his clients were minority young men and women who were acquitted of all charges at trial and went on to live exemplary lives.