In New Hampshire Courts, Police Corruption Is Judged in Secret

Former Detective James McLaughlin, aka John Doe, has a single incident on a list of police misconduct but only because the public is barred from providing evidence.

January 24, 2024 by Ryan A. MacDonald

Editor’s Note: The following is Ryan A. MacDonald’s continuation of a post that appeared here recently entitled, “Detective James McLaughlin and the Police Misconduct List.”

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Just a day before starting this article, I received a surprising message with a link to a new title posted in Australia by Andrew Urban on the well-known Wrongful Convictions Report blog . The title of the new article is “Sexual Abuse or Justice Abuse?”

The well-researched article first appeared in Australia on January 8 this year, but by the end of the day it had found its way around the globe. I read it with concern at first, wondering if Mr. Urban’s article somehow preempts this one which is also well researched. Our two pieces were written with similar conclusions but from very different points of view. I am struck by how incisively Andrew Urban and several reader comments unmasked the questionable police tactics of former Keene, NH Detective James McLaughlin, architect of the case against Father Gordon MacRae.

Since then, I have had a chance to peruse Mr. Urban’s excellent Wrongful Convictions Report with a special interest in his posts about the case against the late Cardinal George Pell. The case of Cardinal Pell and Father MacRae seem remarkably similar in their background origins, their shady police investigations, and in the extent to which money changed hands. Most interestingly, Cardinal Pell and Father MacRae also wrote about each other in their respectively unjust imprisonment. Father MacRae’s latest report on the Pell matter was his recent bombshell, “The Trial of Cardinal Becciu, the Betrayal of Cardinal Pell.”

Preceding all the above by several months, Los Angeles-based documentary researcher, Claire Best also performed a public service with one of her many incisive articles published at Medium.com. This one, published September 1, 2023, is entitled simply, “Who Is James F. McLaughlin — New Hampshire’s Top Child and Internet Sex Crimes Detective?” Here’s an important excerpt:

“When McLaughlin’s name first appeared on a list of police with credibility issues in late 2021, it disappeared within hours. Something’s up, and past and present Attorneys General and District Attorneys know it. What are they hiding that they don’t want to come out, and why? For the majority of the sex crimes James F. McLaughlin investigated, plea deals were reached before trial. Money seems to be involved... He owns companies in Jaffrey (NH) with an agent/attorney who specializes in trusts and municipal laws. His wife owned a real estate company in Keene (NH). How were they funded to invest in real estate?

"Thomas Grover, the accuser of Father Gordon MacRae, admitted to his former stepson — Charles Glenn and a victim of YDC abuse who has demanded federal investigation of Attorneys General for their role — that he was offered money by James F. McLaughlin to accuse the priest who has been denied justice for the past 29 years — framed by the former sex crimes police officer.”

[See also “The New Hampshire YDC Scandal and the Trial of Fr MacRae,” a collaborative effort by Claire Best and Ryan A. MacDonald.]

Police Misconduct under Shield of Law

As indicated in “Detective James McLaughlin and the Police Misconduct List,” former detective James McLaughlin has petitioned the court to remove his name from an official NH Attorney General’s List of police with credibility or misconduct issues. McLaughlin has been allowed to seek his removal from the list under a pseudonym, “John Doe,” in Court filings. Thus any hearing before a New Hampshire judge will be held in secret at a time and place that is also secret. His police personnel file has been sealed. If any New Hampshire citizen had input or pertinent information that could further inform the Court in this process, that information is rendered moot by concessions to “John Doe’s” judicial secrecy.

At least one New Hampshire judge has published his disagreement with this process in a published op-ed, “Judge: Laurie List Police Lawsuits Are Being Improperly Sealed.” The judge, former NH Senior Assistant Attorney General Will Delker, stated:

“One of the fundamental precepts of a democracy is that public officials must be accountable to the citizens. This concept has been codified in the New Hampshire Constitution since 1784. Part I, Article 8 provides: ‘All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and always accountable to them. Government, therefore, should be open, accessible, accountable, and responsive...’” “Cases cannot be fully sealed from the outset.... The party seeking to maintain court records under seal must demonstrate a ‘sufficiently compelling interest’ that outweighs public right of access.”

Whatever that ‘sufficiently compelling interest’ is or was in the case of former Detective McLaughlin, it, too, remains under seal and beyond public view. Having followed his cases and activities for years, I simply cannot fathom what that “compelling” secrecy interest could be. The Court process itself smacks of corruption.

The obvious public hazard here is that the McLaughlin petition to be removed from the Laurie List is thus heard in a vacuum. All that is publicly known is an original, non-descript 1985 incident labeled “Falsification of Records.” In other postings, specifically in articles by Damien Fisher at InDepthNH.org, the Laurie List incident is described as “Falsification of Evidence,” a far more serious infraction for a police officer.

Whether the original matter was “falsification of records” or “falsification of evidence,” or both, McLaughlin’s 1988 and 1994 investigations of Fr. Gordon MacRae involved both. I will clarify evidence for this below.

Damien Fisher appears to be the sole New Hampshire reporter covering the matter of the Laurie List. He reports multiple attempts at obtaining information under Freedom of Information Act requests with limited success. What he has obtained and reported on, however, raises serious questions about the judicial secrecy under which this matter still hides. It seems that as a sworn officer, James F. McLaughlin is culpable of far more malfeasance than his 1985 “Falsification of Records” infraction alludes, but it remains the sole publicly known infraction. There are hints of many others, however, but public accountability is hindered by judicial secrecy.

Attorney Andru Volinsky, who is representing the New Hampshire Center of Public Interest Journalism in its ongoing lawsuit to unseal the complete Laurie List:

“I have no idea whether any of the judges who looked at these cases applied an appropriate standard whether to make this anonymous or sealed or not. It creates a system of secrecy that does not build confidence in the court system.”

Keene, NH Det. James McLaughlin celebrates his 350th arrest as a sex-crimes crusader.

Infractions That Never Made the Laurie List

Listed below, therefore, I have itemized specific New Hampshire Revised Statutes Annotated (NH RSAs) governing police misconduct laws. Each is followed by examples of claimed misconduct raised by citizens or reporters regarding Detective James McLaughlin that had been kept out of any official investigation due to the seal of judicial secrecy. No one has investigated these claims:

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RSA 641 : 6 (I) — Falsifying Physical Evidence

A person commits a Class B felony if, believing that an official proceeding as defined in RSA 641:1, II, or investigation is pending or about to be instituted, he alters, destroys, conceals, or removes any thing with a purpose to impair its verity or availability in such proceeding.

RSA 641 : 1 (I a) - Perjury

A person is guilty of a Class B felony if in any official proceeding he makes a false material statement under oath or affirmation, or swears or affirms the truth of a material statement previously made, and he does not believe the statement to be true.

RSA 641 : 2 (I b)— False Swearing

A person is guilty of a misdemeanor if he makes a false statement under oath or affirmation or swears or affirms the truth if (b) the statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths;

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EVIDENCE FOR VIOLATIONS: In sworn interrogatories in the 1994 case of NH v. Gordon MacRae, Detective McLaughlin was ordered by the Court to produce to the defense any taped conversations with MacRae or other witnesses in the case. McLaughlin wrote in a police report logged as Case No. 89-0-2440, “I also told [MacRae] the interview would be recorded to safeguard both him and the police from misunderstandings about what was exactly stated.”

McLaughlin then went on in his report to attribute statements to MacRae that were never made. When MacRae’s defense requested a copy of the tape, McLaughlin responded under oath that the recording in question had been recycled for other investigations and is thus no longer available.

Eleven years later, in 2005, McLaughlin sent that very tape recording to a reporter at The Wall Street Journal who then described its contents very differently than McLaughlin first reported them. Neither McLaughlin nor the prosecutor has ever explained this. This “Falsification of Evidence” should have been logged as an additional finding on the Laurie List about McLaughlin, but no one has acknowledged or investigated it.

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RSA 641 : 3 (I a) — Unsworn Falsification

A person is guilty of a misdemeanor if he or she makes a written or electronic false statement ... on or pursuant to a form bearing a notification authorized by law.

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EVIDENCE FOR VIOLATION: Throughout the “investigation” of MacRae, multiple tape recordings were referenced in police reports, but none were ever turned over for defense review as ordered by the court. McLaughlin’s signed reports attributed to named witnesses allegations about Gordon MacRae that those witnesses insist were never made. However the recordings containing such statements became inexplicably unavailable.

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RSA 105 : 19 (I) — Reports of Misconduct by Law Enforcement Officers

For the purposes of this section, “misconduct” means assault, sexual assault, bribery, fraud, theft, tampering with evidence, use of a chokehold, or excessive and illegal use of force.

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EVIDENCE FOR VIOLATION: From a Signed Statement of Steven Wollschlager: (October 27, 2008):

“Again during this meeting I mostly just listened to scenarios and statements being spoken to me by the police. The lawsuits and money were of greatest discussion and I was left feeling that if I would go along with the story I could reap the rewards as well.

“McLaughlin had me believing that all I had to do was make up a story and I could receive a large sum of money as others already had. McLaughlin reminded me of the young child and girlfriend I had and referenced that life could be easier for us with a large amount of money.”

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RSA 641 : 5 (I a) — Tampering with Witnesses and Informants

A person is guilty of a class B felony if: Believing that an official proceeding, as defined in RSA 641 : 1, II or investigation is pending or about to be instituted, he attempts to induce or otherwise cause a person to a) Testify or inform falsely.

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EVIDENCE FOR VIOLATION: From a Signed Statement of Debra Collett (February 20, 2008)

“I am Debra Collette I am making this Statement to James Abbott, Investigator for Gordon MacRae. My involvement leading to speaking with James Abbott was as Clinical Director at Derby's Lodge in NH. I was contacted by Keene Police Detective McLaughlin. I was uncomfortable with repeated stopping and starting the tape recorder when he did not agree with my answers to his questions ...

“His treatment of me included coercion, intimidation veiled and more forward threats as well as being disrespectful. I was overtly threatened. McLaughlin told me he would personally come to my home, drag me out of it bodily if necessary, and force me to appear in court and testify despite my information to him.

“My overall experience in interacting with [him] was one of being bullied with [his] attitude of animosity, anger, and preconception of guilt ... [He] presented as argumentative, manipulative, and threatening via use of police power in an attempt to get me to say what they wanted to hear.”

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RSA 641 : 7 (III) — Tampering with Public Records or Information

A person is guilty of a misdemeanor if he purposely and unlawfully destroys, conceals, removes or otherwise impairs the verity or availability of any such thing.

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EVIDENCE FOR INFRACTION: Detective McLaughlin’s tape recordings of his interviews with Ms. Debra Collett cited above simply disappeared before MacRae’s 1994 trial and therefore could not be heard by defense counsel, the judge, or the jury.

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Citations from reported articles at InDepthNH.org by Damien Fisher regarding content not reported on the Laurie List

1. Altered Tape Recordings: Source: Damien Fisher, “County Investigates McLaughlin Complaint Filed By Man Convicted Decades Ago” (November 15, 2022):

“In 1988, James McLaughlin received a letter of reprimand from then-Chief Thomas Powers after James McLaughlin was involved in a December 1987 heated verbal confrontation on the phone, and later inside the station. It was during this incident that the audio portion of the tape was destroyed under suspicious circumstances, according to Powers ... . Powers called James McLaughlin’s explanation for the tape erasure ‘unacceptable.’”

2. Other Undocumented Infractions:

a) [From the same source as above]: From a 1988 Letter of Chief Thomas Powers in the file of James F. McLaughlin:

“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.”

b) Source: Damien Fisher, “Records Show Keene Police’s Famed Ex-Detective Caught in Lies” (September 19, 2022) :

“McLaughlin was suspended for lying about shooting his gun, and another in which he ‘accidentally’ destroyed an audio recording that could have put him in a bad light.” “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.”

c) Source: Damien Fisher, “Famed Keene Cop Called Out for Federal Entrapment” (January 11, 2022) :

“Once it was discovered that McLaughlin had sent [child sex abuse images] to [Defendant Lee] Allaben, United States District Court Judge Steven McAuliffe censured the police officer in court.”

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Editor’s Note: Thank you for reading and sharing this post. We thank Ryan A. MacDonald for his careful analysis. Part One, which appeared here recently, is: “Detective James McLaughlin and the Police Misconduct List.” You may also be interested in these related posts published at the site, Wrongful Convictions Report on the case of Fr. Mac Rae:

Sexual Abuse or Justice Abuse?

The back alley of justice

And by Claire Best and Ryan A. MacDonald:

The New Hampshire YDC Scandal and the Trial of Father MacRae

And again by Ryan A. MacDonald:

Police Misconduct: A Crusader Cop Destroys a Catholic Priest

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.”

Justice in the Tribunals of a Banana Republic

A writer from a self-described Third World country has some challenges for justice in both Church and State and the road ahead for a falsely accused priest in prison.

“The justice of New Hampshire found the priest guilty through a process no less infamous than those seen in the tribunals of any banana republic.”

— Carlos Caso-Rosendi in “Behold the Man!”

By Fr. Gordon J. MacRae — November 16, 2022

Carlos Caso-Rosendi, an accomplished author and translator in Buenos Aires, Argentina, published the fine article linked above in Spanish, Portuguese, and English. It is a superb commentary on the state of justice behind the years I have spent in prison. It challenges both Church and State to live up to the reasons for their existence. Here is a compelling excerpt:

“Many of us in the so-called ‘Third World’ look up to the United States of America as a model for what the administration of justice should be. While it is true that the United States has managed better than other countries to balance the interplay of state powers, we also must admit that those virtues have been shadowed by grievous errors such as justification of slavery, segregation, and lately of murder by abortion.

“Today I present the case of an innocent man, Fr. Gordon MacRae, who has spent the last twenty[-nine] years in prison unjustly condemned in circumstances that would cause any Stalinist magistrate of the former Soviet Union to blush. Someone with a well-known criminal record accused Fr. MacRae, an American citizen with full rights. The justice of New Hampshire found the priest guilty through a process no less infamous than those seen in the tribunals of any banana republic.”

— “Behold the Man!”

Mr. Carlos Caso-Rosendi’s use of the term, “Third World” has an interesting origin. In politics and sociology, it’s the accepted designation for an economically depressed or developing nation. The term arose during the Cold War when two opposing blocs — one led by the United States and the other by the Soviet Union — dominated world power. The Third World consisted of nations with less developed economies affiliated with neither bloc.

The term, Third World originated with Marxist psychiatrist and political theorist, Frantz Fanon, but it was perceived as negative and not always accepted by the nations on which the designation was imposed. Even after the collapse of the Soviet Union as a political bloc in the early 1990s, “Third World” remains in use to refer to economically developing nations in Latin America, Africa, and Asia.

From the pillars of power in the United States, the justice systems of Third World countries are often chastised for being woefully unjust, but not a lot of self-reflection went into that perception. Even setting aside how I came to be where I have been for over 29 years, there is a Third World country existing just beneath my feet. It is the U.S. prison system.

I really don’t have another way to describe it. When it rains, the power goes out. When it snows, the power goes out, when it’s windy, the power goes out. The prisoner telephone system would not be the envy of any Third World country. Prisoners exist in an Internet vacuum, trapped behind an iron and concrete curtain of world ignorance. Citizens in the prison labor force earn the equivalent of about $2.00 per day. The people amassed at the U.S. Southern border are fleeing the political oppression and poverty of Third World nations, but none of them come here for our justice system.

I thank Carlos Caso-Rosendi for writing with candor and truth what he sees from beyond the borders of the United States. He is not alone in his assessment. The great theologian, Fr. Richard John Neuhaus, also had a candid description of how I got here. In “A Kafkaesque Tale” he described it as the story of “a Church and a justice system that seem indifferent to justice.”

Voices Heard Round the World

I owe a debt of thanks to Pornchai Moontri for the moving post he sent us from Thailand. In 29 years in prison, I have barely ever shed a tear. I am stubborn. I just wouldn’t give the dark powers that sent me here the satisfaction of my grief. But when reading “Elephants and Men and Tragedy in Thailand” during a phone call with our editor, I had to pause three times to hold back tears so I could proceed. Pornchai’s post was sad, hopeful, deeply moving, and brilliant. Please pray for the people of Uthai Sawan, Thailand. I can only imagine their sorrow. And please pray for all the rest of us that in our divisions we may be given the grace of perspective from stories like the one Pornchai told us.

And I extend my gratitude to Attorney Harvey Silverglate whose Wall Street Journal op-ed, “Justice Delayed for Father MacRae” is also seen around the world. He was joined in October by David F. Pierre, Jr of The Media Report. They published a series of riveting articles in the past month at Beyond These Stone Walls and elsewhere while I just sat back and let them do all the work. I cannot thank them enough. Catholic League President, Dr. Bill Donohue also stood with me in October to publish a press release about these developments. The timing of these guest writers stepping forward was providential.

Now I need to be candid with you. I began the year 2022 with a new ray of hope, but as this year wound down I saw some looming clouds of possible defeat on the horizon. A revelation in Harvey Silverglate’s recent Wall Street Journal op-ed, “Justice Delayed for Father MacRae” revealed that a court hearing was held in secret in New Hampshire and a judge agreed in secret to allow Detective James McLaughlin to be removed from the public list of officers found to have engaged in misconduct. Secret proceedings are just not a good look for a justice system fending off suspicions of corruption. It is in fact the look of what Carlos Caso-Rosendi describes as “the justice of a Banana Republic.”

That designation refers to a small country economically dependent on a single crop or a single product, often governed by a cabal of like-minded conspirators operating for their own benefit. The misconduct for which former Detective James McLaughlin stands accused has been central in the case against me. As a result, a lot of attention is being paid to Mr.Silverglate’s WSJ op-ed. Among the many affronts to justice covered in that article, Mr. Silverglate wrote:

“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.”

There is more to it. Not only were such photos never found, but they were also never looked for. There was no effort whatsoever on the part of the detective to confirm or refute this allegation which came only from McLaughlin himself. There was a reason for that. He already knew it was a lie, and it was his own lie. It floated out there among several news articles about me until 2005. It was even cited by Judge Arthur Brennan as his justification for imposing 67 years in prison. Eleven years after my trial, McLaughlin finally admitted to Dorothy Rabinowitz at The Wall Street Journal that “there was never any evidence of pornography.”

Even that did not stop Damien Fisher, a biased New Hampshire reporter with an agenda, from repeating the claim just months ago as though demonstrably true. Ryan MacDonald wrote a truthful rebuttal in, “A Reporter’s Bias Taints the Defense of Fr Gordon MacRae.” When police can invent evidence that never existed, when the news media can further propagate it long after it has been credibly debunked, what chance does a falsely accused man have in a New Hampshire court?

This is the sort of thing that had me feeling so defeated and had Carlos Caso-Rosendi comparing justice here to that of a banana republic. The justice system has become an ominous and oppressive trap for anyone wrongly convicted. When that trap covers up for the good ole’ boy secrecy behind which justice is being carried out here, how does one proceed?

Justice Unmoored from Truth

In light of all that has transpired and all that has been written, I have hard decisions to make. One of them is about hiring a New Hampshire attorney to challenge my convictions based on newly discovered evidence that the investigating police detective had a secret record of misconduct. The claims about him are taking shape and growing in number. One claim reported in local news media is that former Detective McLaughlin has erased tape recordings of statements from witnesses that do not support his bias. This is exactly what I have accused him of for the last 29 years .

I have recently been advised by a New Hampshire lawyer with expertise in this area. Her analysis was candid and I much appreciate it. The bottom line is that justice here will be yet another steep uphill and unpredictable climb. Detective McLaughlin has boasted of over 1,000 sexual assault arrests with a nearly 100 percent conviction rate due to his penchant for arranging lenient plea deals to boost his public persona. He has boasted of removing over 1,000 sexual offenders from the streets but the “removal” is only for a year or so. Guilty defendants gladly took his plea deals, but innocent defendants can only be conned or coerced into them.

Because of the extreme “success” of his actions and methods, Detective James McLaughlin has been widely hailed in some circles as a hero-cop. From the point of view of the justice department and judicial system, however, the growing evidence of his misconduct is a threat to the system itself. As a result — and it is a fact of the legal advice I have received — the entire system will be hell-bent on protecting the corrupt cop while sacrificing me. “They will flood you with motions and delays to bankrupt you,” I was told by a New Hampshire attorney, and that has indeed been my experience.

As a prisoner of 29 years (and counting) with no income beyond the $2.00 per day I earn in a Third World prison job, I do not have the resources for another legal challenge — and especially for another protracted and uncertain one. In 2012 when I raised funds for an appeal, New Hampshire judges simply declined to hear any new evidence or witnesses in the end. A past U.S. Supreme Court ruling left this to their discretion, but they did not seem to have any. The affidavit of the new investigator and the statements of the witnesses he uncovered are linked at the end of this post. You be the judge.

And then there is priesthood. I am likely the only imprisoned priest in the world who has not been simply discarded from the clerical state just for being deemed with the new designation of convenience for bishops, “unsuitable for ministry.” There is now in the U.S. a “Coalition for Canceled Priests” trying to assist priests who are thrown aside for far less cause than a prison sentence. I am innocent of the claims against me, but should I now be forced to trade priesthood for freedom? I cannot. Carlos Caso-Rosendi ended “Behold the Man!” with a burning question:

“Barabbas is gone,

Judas has received his thirty silver coins:

Behold the man, Gordon MacRae!

Bishops of the Church:

What do we do with him?”

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Editor’s Note: Read the affidavit of former FBI Special Agent Supervisor James Abbott and the statements of six witnesses from whom New Hampshire judges declined to hear.

Weaponized Psychology: The Psych Evals of Father MacRae

Writer Damien Fisher cited psychological reports to bolster the condemnation of a priest in the court of public opinion, but some omitted facts expose a cover-up.

October 12, 2022 by Ryan A. MacDonald

Editor’s Note: The following is Part Two of a series of posts by multiple writers presenting facts in the case of a wrongly imprisoned priest that some in the media have ignored or distorted. Part One, posted here one week ago, was: “A Reporter’s Bias Taints the Defense of Fr Gordon MacRae.”

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Part One in this series, linked above, explores a tendency of some in modern day news media to simply mimic material gleaned from prosecutorial officials. In news coverage, this practice has increasingly come to replace the hard work of investigative journalism and the natural skepticism every journalist should have.

One of the factors that irked me and other writers in Damien Fisher’s recent coverage of the MacRae story was his blind acceptance of an old and inadequate psychological evaluation of the accused priest that was debunked a decade ago. In 2012, a Catholic magazine published a letter to the editor from a reader of Father MacRae’s blog who defended him. In response, a member of SNAP, the activist Survivors Network of those Abused by Priests, wrote a rebuttal which was also published citing psychological evaluations of MacRae as evidence of his presumed guilt.

I wrote a more up-to-date and factual response, but it was a testament to the one-sided jaundice of even Catholic media on this topic that the lurid claims against the priest were published while my factual response was not. Given that Damien Fisher’s recent article cited here a week ago referenced the same biased and one-sided reports, I now present anew what I first uncovered in 2012.

Like all accused Catholic priests, Fr. Gordon MacRae was required by Church officials to undergo a psychological evaluation. It was one of the many travesties of justice in this case that elements of two of those reports inexplicably ended up in public view while a far more extensive and professional report did not.

Mr. Fisher gleaned his information from a 2003 Grand Jury Report on the Diocese of Manchester that referenced an inadequate and one-sided evaluation from an M.A. level clinician with a state contract to evaluate those accused of sexual offenses. The Grand Jury Report omitted a much broader and more professional assessment from a team of licensed psychologists and psychiatric experts that negates the validity of the evaluation cited in the Grand Jury Report and repeated by Damien Fisher.

It is indeed correct that MacRae was labeled a “fixated sexual offender” in a 1989 report by a masters-level clinician at the Strafford Guidance Center, a New Hampshire outpatient center with a state contract to evaluate those accused of sexual offenses. This evaluation was the result of a misdemeanor solicitation charge that was debunked extensively in my article, “A Reporter’s Bias Taints the Defense of Fr Gordon MacRae.”

A second evaluation was conducted over a four-day period at the now-closed House of Affirmation, a treatment center for clergy in Whitinsville, Massachusetts. It was entirely prosecutorial in nature, and in many ways it violated the priest’s basic civil rights. It weaponized the psychological process, reporting, for example, a finding that “Father MacRae exhibits extremely high abstract intellectual ability.” That result, from a single evaluation tool called the Wechsler Adult Intelligence Scale, was later used to unjustly label the accused priest as a potential sociopathic manipulator. The report and its conclusions were criminally unprofessional.

EEG recorded during scanning session.

A Forensic Search for Truth

Another, far more extensive evaluation was conducted by a team of three doctoral-level forensic clinical psychologists and two staff psychiatrists with decades of experience in the assessment of offenders. This in-depth assessment was conducted over a period of months at an inpatient facility, the Villa Louis Martin Center in New Mexico. What follows are excerpts of that report introduced by licensed clinical psychologist, Dr. Peter Lechner, Ph.D.:

“Of the reports mentioned earlier, one from House of Affirmation where Fr. MacRae spent four days and the other from the Strafford Guidance Clinic where he was evaluated, according to their report, for a two-hour period, they arrived at far-reaching, all embracing and definitive conclusions in regard to Fr. MacRae. The staff at VLM believes that such time periods would be inadequate to properly understand complex problems.

“The conclusions we arrived at came after many months.... It became clear that [Fr. MacRae] did not fit the description of the Strafford Guidance Clinic. He had a depth of conscientiousness and sensitivity to others, and a very high degree of ethical concern that did not fit with what their report said of him. Fr. MacRae does NOT fit the description of a fixated sexual offender. The reports are inaccurate.”

— 1990 Evaluation Report of the staff at Villa Louis Martin

Dr. Lechner went on to describe that the Strafford Guidance Center evaluation was conducted by an unlicensed masters-level clinician. It consisted of a single psychological test, the Minnesota Multiphasic Personality Inventory (MMPI) which was dismissed by the evaluator as “unrevealing and within normal range.” The sweeping negative conclusions of the rest of the report, according to the file, were arrived at based on three 45-minute interviews over the course of six weeks.

The clinician began his assessment with clear bias. The mere fact that MacRae is a Catholic priest with a commitment to practice celibacy, like all priests, was itself treated as sexually aberrant by the evaluator. His process and conclusions were dismissed as invalid and unjust by staff at the Villa Louis Martin Center. They concluded that “Two hours of interviews by a masters-level clinician is simply not professionally adequate to brand a man in the court of public opinion for the remainder of his life.” The director of the VLM Center added another comment to his report:

“In my report to the NH Department of Probation, I mentioned the accusations that had been made in the above reports by way of background information regarding what had been said about [Fr. MacRae]. I indicated that he did not present as someone obsessed by sexual fantasies or driven to act out. I then went on to write about our assessment and the medical issues [MacRae] faced. I was later dismayed to find out that my reports were misquoted, and positive statements that were essential to the reports were left out. This I feel was a serious injustice.”

The far more comprehensive VLM report by Dr. Lechner and his staff directly refuted the impressions of the Stafford Guidance Center assessment arrived at after three 45-minute interviews. However, the prosecutorial files released by the Diocese of Manchester after its bishop signed over the rights of the priests involved, and published online by the Attorney General in 2003 omitted the more professional report opting to publish only the impressions of the negatively biased one.

In the far more extensive report, the director of the VLM facility explained that MacRae remained at the Center for one year in 1989, an unusual length of time for inpatient treatment, but it was not because he was diagnosed as a sexual offender. That was discounted earlier. MacRae remained at the center for a year because a neurological evaluation that included an EEG and MRI revealed a diagnosis of epilepsy.

It has been professionally suggested that a diagnosis of untreated epilepsy and complex partial seizure disorder that was difficult to manage raised further questions about the legitimacy of the priest’s 1988 misdemeanor plea entered into without legal counsel after hours of intense badgering by a police detective with an agenda other than truth. This was disclosed in my article one week ago.

The VLM report of the evaluation of Fr. MacRae indicated that MacRae succumbed to coercion under duress in 1988 while talked into waiving his Constitutional right to legal counsel because Detective McLaughlin conned him into believing that he would be sparing the Church from adverse publicity if he took the plea. If MacRae is to be faulted for anything in this picture, the report concluded, “it is for placing his own well-being second.”

That 1988 misdemeanor charge was brought forward and propagated by the same detective who would five years later charge MacRae with more serious, but just as dubious offenses that now date back forty years. This is the same detective who now appears on a previously secret list accused of falsifying records, and has now also been accused of lying, erasing tapes, and tampering with evidence.

Four years after writing the Strafford Guidance Center report on MacRae, its author applied for employment at the Villa Louis Martin Center citing its thorough assessment of the priest as the reason for his desire to work there.

When Detective James McLaughlin’s new allegations emerged with new demands for settlement money in 1993, Fr. MacRae voluntarily submitted to two polygraph examinations with an expert. He passed both conclusively. No one who accused MacRae would agree to take a polygraph.

The Most Expert Evaluation

Perhaps the most important assessment, however, is one uncovered by Fr. George David Byers revealed in his article “Omertà in a Catholic Chancery: Affidavits Expanded.” Over 28 years in the New Hampshire State Prison, Fr. MacRae has never been even suspected of any form of predation. The prison system’s own evaluation labeled him at the lowest level of risk for any form of aberrant sexual interest or behavior. For 15 of those years MacRae was housed in a 60-square-foot cell with Pornchai Moontri, an adult survivor of sexual abuse. There is perhaps no better expert on the character of Fr. MacRae.

In Fr. Byers’ article linked above, he conveys a true story revealed to him by Pornchai:

“Pornchai has helped me to understand a truth that is nearly universal among those who have in fact been victims of sexual assault. The only thing that is as obnoxious to them as having been raped is to see their own sufferings capitalized upon by false accusers for money, and by clericalists who make themselves into heroes by paying out settlements with no evidence or due process of law. Priests are too often considered guilty just for being accused.

“Prison, by nature, is often a violent place. As a child of 12 brought to the State of Maine from a foreign country, Pornchai became a victim of violent sexual abuse. When Pornchai went to prison at age 18, he dealt with prison violence in the only way he could. He vowed that he would never again be someone’s victim. So he understandably met violence with violence of his own. It landed him in repeated long years in solitary confinement.

“After 14 years, Pornchai was transferred to the New Hampshire prison. He ended up in a cell with a man accused and convicted of the very thing that destroyed his life. It did not take him long — with his innate alertness to victimization — to discover that Father G had been falsely accused. Pornchai once told me this story that I held off writing until he was out of the prison system:

‘One day, I got a notice from the prison mental health department that a new 2O-week program was beginning called ‘Interpersonal Violence.’ My friend Father G thought it might be an opportunity for me so I said I would go if he goes with me. So we both signed up for it. Prison is filled with needy young men who have really broken lives. Some of them look for safe, comfortable older prisoners who might buy them things and take care of them. The result is a sort of mutual exploitation and prisons are filled with this. One young kid, about 19, who was attending the program quickly tried to latch on to Father G without knowing anything about him. I was going to speak with the kid, but decided to wait.

‘Over the next few sessions as I sat next to Father G, I was aware of how this kid was skillfully trying to gain his interest and maneuver his way into his life, but Father G was oblivious to it. Later that night I told him what I observed, but he had no idea what I was talking about. At the next session, Father G and I simply agreed to switch seats. In all his years in prison, Father G has been surrounded by people like this, many of them young drug addicts who would sell their soul for a few bucks for drugs. In all those years, Father G was never observed or even suspected of having any interest in them at all except to show those receptive to it a way out of their prison within a prison.’ ”

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IMPORTANT EDITOR’S NOTE:

During the 15 years that Fr. MacRae and Pornchai Moontri lived in the same prison cell, MacRae investigated Pornchai’s life and wrote about it in an explosive account that brought his abuser to justice. Richard Alan Bailey was convicted in 2018 on 40 felony counts of child sexual abuse. This most important story is told in

“Getting Away With Murder on the Island of Guam.”

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BREAKING NEWS — NEW IN THE WALL STREET JOURNAL:

Nationally prominent criminal-defense and civil-rights Attorney Harvey Silverglate has just published an op-ed on developments in the Fr. MacRae case in the WSJ. This is the fourth major article in the WSJ on this story. We have reprinted the op-ed so it may be viewed by our readers:

Justice Delayed for Father MacRae by Harvey A. Silverglate

A Reporter’s Bias Taints the Defense of Fr Gordon MacRae

Ignoring exculpatory evidence and more honest media coverage, a writer’s selective reporting undermines the defense of a priest wrongly imprisoned for 28 years.

October 5, 2022 by Ryan A. MacDonald

Editor’s Note: The image above depicts Keene, NH Detective James McLaughlin whose investigation of an early 1980s sexual assault case resulted in the wrongful imprisonment of Fr. Gordon MacRae. The following is a guest article by contributing writer, Ryan A. MacDonald. His most recent post in these pages was “Police Misconduct: A Crusader Cop Destroys a Catholic Priest.”

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Writing for InDepthNH, a New Hampshire online news venue, reporter Damien Fisher presented a negligent and entirely biased overview of the case against Fr. Gordon MacRae. On the one hand, it represented well that Keene, NH Detective James McLaughlin, who orchestrated the case against MacRae, is now exposed for falsifying records, tampering with evidence, and other misconduct which contributed to wrongful convictions.

On the other hand, a recent article by Damien Fisher obfuscates any future defense of MacRae with content that has already been debunked by more balanced investigations in The Wall Street Journal and elsewhere. (See our page on The Wall Street Journal.) Fisher’s article includes only the one-sided claims of a 2003 Grand Jury Report that a New Hampshire judge has already determined to have been published without merit or justice. Here is what Judge Richard McNamara wrote regarding the content of that report:

“[The 2003 Grand Jury Report on the Diocese of Manchester] fulfilled none of the traditional purposes of the common law grand jury. Rather than investigation of crime, the report is a post hoc summary of information the grand jury considered but did not indict on. A grand jury report that does not result in an indictment but references supposed misconduct results in a quasi-official accusation of wrongdoing drawn from secret ex parte proceedings in which there is no opportunity available or presented for a formal defense. ... Such a grand jury report is not far removed from, and no less repugnant to traditions of fair play than lynch law.”

— NH Judge Richard McNamara, August 12, 2019, In re: Grand Jury, No. 217-2017-CV-00382

Much of the content of the 2003 Grand Jury Report was generated in one-sided claims for settlement money and handed over to the State by Diocese of Manchester official Reverend Edward J. Arsenault. While settling without due process some 250 abuse claims against priests of the New Hampshire Diocese dating back 30 to 50 years, Arsenault was later charged and convicted of financial crimes in the amount of nearly $300,000 used to secretly support a relationship with a young gay musician. Now dismissed from the priesthood, he has a new name, Edward J. Bolognini. For some reason, he has been given a pass in Damien Fisher’s account.

The U.S. Department of Justice has recently disclosed an ongoing investigation into over $45 billion in fraudulent claims to reap benefits related to the Covid 19 pandemic. After the massive Gulf oil spill several years ago Exxon Oil Company had to establish a fraud task force to separate valid claims of damages from the billions of dollars in fraudulent ones. What makes anyone think that the Catholic abuse story has been spared such fraud?

This all requires a response. Today and over the next few weeks in these pages, David F. Pierre, Jr. of The Media Report.com, Catholic League President Bill Donohue and I will continue this rebuttal of that one-sided material. I hope readers of this blog will share this information widely to give this truthful side of the MacRae story the attention it deserves. Anything less is to contribute to what Dr. Bill Donohue called “a travesty of justice.”

Conflicts of Interest

In reporting on the MacRae case, however, Damien Fisher also has a conflict of interest. His wife is a columnist for Parable magazine, the official publication of the Diocese of Manchester, Father MacRae’s estranged diocese.

The Parable Managing Editor is Kathryn Marchocki, formerly a reporter for the statewide newspaper, New Hampshire Union Leader. In that capacity, Ms. Marchocki covered the 1994 MacRae trial and the 2003 Grand Jury Report on the Diocese of Manchester.

In early 2003, just before the New Hampshire Grand Jury Report was released to the public, Kathryn Marchocki met with Fr. MacRae at the New Hampshire State Prison. He presented her with a large amount of documentation that challenged the hyped contents and accusations in that one-sided report. Ms. Marchocki reportedly told the priest that his information is compelling, “but New Hampshire news media and my paper in particular are so anti-Catholic my editor will never let me write about this.”

Nonetheless, she asked MacRae — then in his ninth year in prison — to send her everything he had. He did, but never heard from Ms. Marchocki again. Now she is the editor of the Diocese of Manchester news magazine in which Damien Fisher’s wife is a columnist appearing in the monthly publication just opposite the musings of Father MacRae’s bishop, Most Reverend Peter A. Libasci, who himself now stands accused in a sexual abuse civil lawsuit in the State of New York. (See “Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo.”)

Readers are likely aware of developments in the matter of former Keene, NH Detective James McLaughlin and his brief appearance on the Attorney General’s “Laurie List,” also called the Exculpatory Evidence Schedule. When the first rumblings about rampant dishonesty on the part of Detective McLaughlin began to appear in 2021, I personally reached out to Damien Fisher with a concern that the Father MacRae case had not been properly investigated and did not receive a fair trial.

Mr. Fisher shot back immediately with a verbal attack. He declared MacRae to be guilty based solely on untried rumor, innuendo, and uncorroborated claims for monetary settlement, such as those brought without trial in the discredited 2003 Grand Jury Report. He offered nothing that could be interpreted as evidence. I offered to send Mr. Fisher some compelling documentation that challenged his narrative, but I received this final message in reply: “Stop! I do not want to see anything you send. My mind is made up!” So much for journalistic integrity and objectivity.

Father MacRae in 1983, the time of the alleged charges (Courtesy of The Wall Street Journal)

A Pornographic Priest?

Much of Mr. Fisher’s current media coverage of MacRae centers on a claim that the priest produced pornographic photographs and videos of his accusers. The truth about this is in plain sight right at Mr. Fisher’s fingertips, but he omitted it. The accusation of creating pornography was first lodged by Detective McLaughlin himself in 1988. He had no evidence for it beyond a claim that he choreographed and promoted for a civil lawsuit involving an individual named Jon Plankey described in McLaughlin’s report as his “employee in a family-owned business.”

The first accusation elicited by McLaughlin was that MacRae had attempted to verbally solicit the teen. It was only after some evolution that a more substantial — and more lucrative — claim emerged that MacRae took photographs of the youth. McLaughlin actually wrote in his report that these claims will be the basis for a civil lawsuit against the Catholic Church. The lawsuit was settled without question by MacRae’s diocese over his strenuous objections.

The pornography accusation later weighed heavily in Father MacRae’s 1994 trial and sentencing in an unrelated case, that brought by accuser Thomas Grover. When sentencing the priest to life in prison, Judge Arthur Brennan cited MacRae’s “aggressive denials of wrongdoing [and] the evidence of child pornography is clear and compelling.”

But none of it ever happened. In 2005, Dorothy Rabinowitz at The Wall Street Journal investigated this entire case for her extensive report, “A Priest’s Story,” which served as a factual refutation of much of the content appearing in the 2003 Grand Jury Report. The accuser in the pornography matter, then in his 20s, declined to answer any questions, but Ms. Rabinowitz questioned Detective McLaughlin about the “clear and compelling” evidence of child pornography. The detective was cornered, and admitted,

“There was never any evidence of pornography.”

— Detective James McLaughlin

This information was available to Damien Fisher, but if he found it he could not continue the pornography victimization narrative, so he apparently never bothered to look.

There is a lot more to that story. In 1988, McLaughlin interviewed MacRae about Plankey’s claims for four hours on tape. McLaughlin, as was his practice, wrote reports claiming several admissions by MacRae that the priest says today were never made. MacRae insists that those claims could not possibly be on the tape. Later, when MacRae faced trial in 1994, the judge ordered all tape recordings turned over to his defense. Neither MacRae nor his lawyer ever received a single one. McLaughlin claimed, under oath in sworn Interrogatories, that the tapes in question were accidentally taped over for another case and the transcripts he cited were never made due to “clerical error.”

Eleven years later in 2005, McLaughlin apparently forgot his earlier perjury and sent that tape to The Wall Street Journal : Dorothy Rabinowitz wrote of how McLaughlin badgered MacRae again and again to plea to a misdemeanor of attempting to endanger a minor, but without legal representation. Here is her 2005 report about the tape:

“Fr. MacRae, summoned to meet with Detective McLaughlin, was informed that there was much more evidence against him, that the police had an affidavit for an arrest, and that it would be in everybody’s best interest for him to sign a confession. On the police tape, an otherwise bewildered-sounding Fr. MacRae is consistently clear about one thing — that he in no way solicited the Plankey boy 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 these charges 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.”

— The Wall Street Journal, “A Priest’s Story”

From here on the recording was shut off. MacRae says the badgering went on for another three hours. The priest had never before been in such a situation. When he asked if he should consult a lawyer, the detective reportedly said, and today denies saying it, doing so “will only muddy the waters.” In the end, MacRae signed the paper without legal counsel just to end this. In concluding the matter, McLaughlin wrote a press release: “Though no sexual acts were committed by MacRae,” it noted, “there are often varied levels of victimization.” Indeed there are!

In his police report on this matter, Detective McLaughlin wrote that Plankey worked for him in a family-owned business. Plankey’s mother was also an employee of the Keene Police Department. Before MacRae even knew about the claims, The Wall Street Journal reported, MacRae’s diocese received a call from Mrs. Plankey informing officials there that MacRae was being investigated on solicitation charges and a quick out-of-court settlement would “avoid a lawsuit and lawyers.”

Ah, but there’s more! This was not Detective McLaughlin’s first use of Jon Plankey to bring down a target. Plankey made an identical set of claims against Timothy Smith, a Keene Congregational church choir director with whom he struck up a relationship. That case was prosecuted by McLaughlin and ended in a similar misdemeanor plea deal. And Plankey accused a local Job Corp supervisor of soliciting him. That was another misdemeanor case pursued by McLaughlin. Then he accused a man who picked him up hitchhiking of soliciting him.

It was only after the above interview that the claim of producing photographs was made. The priest was never charged with this because that would require producing some evidence. Instead, McLaughlin capitalized on it for a civil settlement for Plankey despite later revealing to The Wall Street Journal that the story was contrived and there was never any evidence of pornography. The story nonetheless had a long shelf life. It was used by Judge Arthur Brennan to enhance MacRae’s sentence after trial in 1994.

And it was used by David Clohessy at SNAP, the Survivors Network of those Abused by Priests, to bolster a Crimes Against Humanity charge against Pope Benedict XVI in the International Criminal Court at The Hague. This aspect of McLaughlin’s handiwork was explored by journalist, Joann Wypijewski in “Spotlight Oscar Hangover: Why ‘Spotlight’ Is a Terrible Film.”

The Plankey case was among the files investigated by former FBI Special Agent Supervisor Jim Abbott, a specialist in counter-terrorism. Like most claimants, Jon Plankey took his money from the Diocese and disappeared. When Agent Abbott found him, Plankey refused to answer any questions without a lawyer. I had been writing about this matter and received an email message from Jon Plankey’s brother. Agent Abbott went to interview him and was told that the claims were a scam for settlement money. The brother said there is more to tell, but he, too, wanted money.

The Plea Deal Injustice

Damien Fisher relentlessly referenced Father MacRae’s post-trial acquiescence to a plea deal coerced by circumstances, presenting it as his sole evidence to bolster his implications that MacRae must be guilty. I do not want to belabor this point for I have written about it extensively already. When MacRae was convicted at trial — after Judge Arthur Brennan instructed the jury to “disregard inconsistencies in [accuser] Thomas Grover’s testimony” — he still faced additional “pile-on” charges from Grover’s brothers and two others who had climbed aboard for the inevitable monetary settlements.

When one of the newer accusers learned that MacRae was not likely to take any deal, he left the country to avoid testifying in a trial and he never filed his civil claim. Another accuser groomed by McLaughlin, Keene native Steven Wollschlager, received a summons to appear before a grand jury to indict the priest on a new charge.

Steven later went on to describe that he was solicited by McLaughlin to join other accusers in fabricating claims against MacRae. The enticement was a $50 bill and an assurance that a lot more money could be obtained in a civil lawsuit against the Church. When Steven balked, McLaughlin allegedly pointed out the girlfriend and child Steven had and said that life could be so much easier for them with a lot of money. Steven pondered this, and then agreed. He later described these meetings with McLaughlin:

“It was all about the lawsuits and the money. I was led to believe that all I had to do was make up a story about MacRae like others had done and I could obtain a lot of money. I was using drugs at the time and could have been influenced into saying anything they wanted for money.”

On the way to the court, Steven explained, he found his moral center and could not go through with it. He said that he knew MacRae as a teen and that the priest only tried to help him. He was told by an unnamed court official, “We won’t be needing anything further from you.”

When the trial was over, MacRae was penniless, abandoned by his Bishop and Diocese. He was placed in jail in custody until sentencing and had nowhere to turn. His lawyer resigned, exasperated at the three-ring circus in the trial and the lack of being allowed to put on an adequate defense. McLaughlin and prosecutors then offered MacRae another deal: a concurrent one-year sentence ending all remaining charges to be served simultanously with the sentence yet to be handed down in the Thomas Grover case.

MacRae’s trial lawyer, who left the trial before it was over, told MacRae in a telephone call from jail that he had no choice but to accept the deal. His bishop and Diocese, anxious to provide settlements and be rid of this, had issued a pre-trial press release declaring that the entire Catholic Church was victimized by MacRae. Everyone around him told him he had no choice. He went to the Court men’s room and vomited after entering his negotiated lie. I wrote extensively of this in “The Post-Trial Extortion of Fr. Gordon MacRae.”

All of this — my articles, the extensive coverage by The Wall Street Journal, the investigation by FBI Special Agent Jim Abbott, the polygraph examinations that Fr. MacRae passed conclusively, the findings of the National Center for Reason and Justice now sponsoring MacRae’s defense — has been in plain sight, readily available to Damien Fisher. He opted instead to spread another narrative, and God alone knows why.

There is more still, and it is coming. Perhaps the most egregious “evidence” cited by Damien Fisher came from supposed psychological evaluations of the accused priest. This will be the topic of a follow-up post next week in these pages.

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“In my three-year investigation of this matter, I have found no evidence that Gordon MacRae committed these crimes, or any crimes.”

— Sworn Affidavit of former FBI Special Agent James Abbott

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Editor’s Note: Ryan A. MacDonald has written extensively on the sexual abuse crisis in the American Catholic Church. You may also be interested in these related posts.

Grand Jury, St Paul’s School and the Diocese of Manchester

The Trial of Father MacRae: A Conspiracy of Fraud

The Post-Trial Extortion of Father Gordon MacRae

Be Wary of Crusaders! The Devil Sigmund Freud Knew Only Too Well

Dying in Prison in the ‘Live Free or Die’ State

News articles allege that Detective James McLaughlin falsified reports and/or evidence but this was kept hidden from the jury in the 1994 trial of Fr. Gordon MacRae.

July 13, 2022 by Charlene C. Duline

Editor’s Note: The following is a guest post by noted author, Charlene C. Duline. Retired from a distinguished career as a diplomat and Foreign Service Officer with the U.S. State Department, Ms. Duline served the United States in several nations across the African Continent, in East Pakistan and Panama, and at United Nations Headquarters in New York. She holds degrees in journalism and political science from Indiana University and a Master’s degree in International Public Policy from the Johns Hopkins School of Advanced International Studies in Washington, DC.

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I am outraged at the State of New Hampshire! Every citizen in the State should be! Recent news articles by Damien Fisher and Nancy West at InDepthNH.org have pulled the shroud of secrecy from a grave injustice. Few people in that State knew about a list formally called the “Exculpatory Evidence Schedule,” now better known as the “Laurie List.” The list was revealed in December 2021 by the New Hampshire Attorney General as a result of litigation filed by the American Civil Liberties Union of New Hampshire and the New Hampshire Center for Public Interest Journalism which remains a litigant seeking the full publication of that list.

The court-ordered release of the list of compromised police is based on a Supreme Court decision holding that if favorable exculpatory evidence has been knowingly withheld by the prosecution in a criminal case, the burden shifts to the State to prove beyond a reasonable doubt that the undisclosed evidence would not have affected the outcome of a trial. If such a violation occurred and the State failed to meet its burden, a defendant has been denied his right to present all favorable proofs and is entitled to a new trial or to have his convictions vacated altogether.

Former NH detective James McLaughlin, the shady detective who was instrumental in pursuing lie after lie about Fr. Gordon MacRae sending him to a long prison term in 1994, was prominent on the Laurie List for “Falsification of Records” and/or evidence. Over 28 years of wrongful imprisonment in the New Hampshire State Prison, MacRae has consistently asserted that the case against him was built on lies, cheating and distortions aided and abetted by a dishonest police officer.

Just as Innocence Project founder Barry Scheck predicted in his 2003 book, Actual Innocence, those assertions have since been ignored or explained away at higher levels of the justice system by judges with a clear bias in favor of police and against defendants — and this defendant in particular. Judge Arthur Brennan, the first New Hampshire judge to hear this case, told jurors to “disregard inconsistencies” in accuser Thomas Grover’s testimony. As The Wall Street Journal’s Dorothy Rabinowitz wrote in The Trials of Father MacRae, they had much to disregard.

In addition to new evidence and witnesses that other judges declined to hear, much of MacRae’s failed 2012 Habeas Corpus petition was about Keene, New Hampshire sex crimes detective James McLaughlin and the shady tactics he employed to generate claims, prosecute, and convict MacRae in 1994 paving a path to lucrative settlement deals from the Catholic Diocese of Manchester.

Now it turns out that McLaughlin was sanctioned on a secret Attorney General’s list for “falsification of records” in 1985, nine years before the trial of Father MacRae. Under a U.S. Supreme Court precedent, Brady v. Maryland, prosecutors were required to reveal that fact to Defendant MacRae and his legal counsel. They did not. This was especially egregious because a central issue in this case has been the falsification of police reports and witness tampering.

Since there were no consequences, McLaughlin continued what he did best. The record in this case is filled with post-trial witness statements that he threatened, intimidated, coerced and lied to witnesses, and falsified records. At least one witness today claims that this detective attempted to suborn his perjury with a monetary bribe. Judge Joseph Laplante, the New Hampshire federal judge who heard MacRae’s Habeas Corpus petition, ignored all of this and allowed none of these witnesses to testify under oath.

Few people know that Fr. MacRae was offered two plea deals before his trial and one during trial. He was told that if he would plead guilty he would receive only one year in prison. This honest man turned down the plea deals. The lengthy criminal rap sheet of 27-year-old accuser Thomas Grover includes multiple arrests for forgery, theft, burglary, drugs, and assault. He broke his future ex-wife’s nose when she questioned his perjury.

The jury never heard any of this. Neither did they hear that Thomas Grover several times received financial payments from his personal injury lawyer, advances on his expected windfall in his accompanying civil lawsuit — a practice that is forbidden by the rules of professional conduct for lawyers. Grover was awarded almost $200,000 for crimes that never took place. There are photos of him dancing with stacks of $50 bills.

At the trial, Judge Arthur Brennan warned MacRae that if he took the stand in his own defense, the judge would open the door for Thomas Grover’s brothers to testify to their own false claims in related civil lawsuits. Gordon MacRae was the only person never heard from in this trial. In a flimsy 1996 appeal represented by a public defender (because MacRae’s diocese refused to help him), MacRae was not even allowed to be present. At three attempts at a Habeas Corpus appeal before state and federal courts since this trial, neither MacRae nor any witness for his defense were permitted to give testimony. At no time has any court official allowed a single word from this defendant.

The man who actually controlled the Diocese of Manchester during much of MacRae’s sentence was Monsignor Edward J. Arsenault, now known as Edward J. Bolognini. He violated Church law regarding Father MacRae who was never told, despite repeated requests, what the Diocese conveyed to the Holy See in Rome about this matter. Arsenault was later dismissed from the priesthood after pleading guilty to stealing almost $300,000 from the Diocese and the estate of a deceased priest. He reportedly spent the stolen money in the company of a much younger gay musician.

At the time of his nearly $300,000 embezzlement, Arsenault held a $170,000 per year position as Executive Director of the St. Luke Institute for troubled priests in Maryland. He served only two years of a 20-year prison sentence before being released and his sentence vacated when an unnamed third party paid his entire restitution. Now a convicted felon with a new name, he today administers a lucrative contract for the City of New York.

I believe that Father MacRae’s bishop and diocese owe him apologies for their abandonment of him, their presumptions of guilt, their refusals to visit or even correspond with him for 28 years in prison where Father Gordon MacRae remains a priest. He offers Mass in his cell each week, and has been instrumental in saving lives and souls. One of them is the life and soul of my Godson, Pornchai Moontri, a conversion story beautifully told by Marian Helper Editor, Felix Carroll in the great Divine Mercy book, Loved, Lost, Found.

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Editor’s Note: Charlene Duline’s Godson, Pornchai Moontri, now residing in Bangkok, Thailand, was the subject of a stunning investigative report by Father Gordon MacRae:

“Getting Away with Murder on the Island of Guam”.

For additional information on Charlene Duline’s article, see the following:

AG Hides Some ‘Laurie List’ Names Hours After Release By Damien Fisher, InDepthNH.org

Famed Keene Cop Called Out for Federal Entrapment By Damien Fisher, InDepthNH.org

A Grievous Error in Judge Joseph Laplante’s Court By Ryan A. MacDonald

The Trial of Father MacRae: A Conspiracy of Fraud by Ryan A. MacDonald