“There are few authentic prophetic voices among us, guiding truth-seekers along the right path. Among them is Fr. Gordon MacRae, a mighty voice in the prison tradition of John the Baptist, Maximilian Kolbe, Alfred Delp, SJ, and Dietrich Bonhoeffer.”
— Deacon David Jones
New Hampshire Corruption Drove the Fr. Gordon MacRae Case
A researcher unravels a trail of financial corruption behind the cases of Father Gordon MacRae in the Diocese of Manchester and Owen Labrie at St. Paul’s School.
A researcher unravels a trail of financial corruption behind the cases of Father Gordon MacRae in the Diocese of Manchester and Owen Labrie at St. Paul’s School.
September 6, 2023: An Op-Ed by Claire Best
For the last 29 years, Father Gordon MacRae has been denied justice, relegated to Concord Men’s Prison in New Hampshire. Despite an ex-FBI agent’s 3-year investigation, a Pulitzer prize-winning Wall Street Journalist’s multi-part exposé, even a current investigation into the police officer who framed him, nothing has thus far moved the needle — except perhaps in the court of public opinion.
Finally in 2023, the pieces of this puzzle have come together to explain why this might be: The New Hampshire Department for Children, Youth and Families (DCYF), some New Hampshire Police, local attorneys, the “compliance officer” for the Diocese of Manchester, and the Attorney General’s office have been involved in a racket. For Father Gordon MacRae to get justice, they would all risk being exposed in an organized crime to frame him in order to extort the insurance for the Diocese and trigger an expansion of business that spreads to the Catholic Medical Center, schools, nursing homes, day care centers, clinics, addiction recovery centers, banks, insurance companies and media. This is an enterprise worth billions that stretches far beyond the borders of New Hampshire across the US and internationally.
While Father Gordon MacRae has been incarcerated, New Hampshire has covered up horrific child sex abuse by its very own employees at the State’s Youth Detention Center. The NH DCYF has failed multiple audits by the US Department of Health and Human Services Office of the Inspector General (DHHS OIG). It has downplayed Medicaid fraud. Opioids and fentanyl overdoses have skyrocketed. Children and young adults have died or disappeared, drugs have been trafficked, arms have been trafficked, money has been laundered, billions have been made and a monopoly without accountability has blossomed. That monopoly is tied to the interests of the US Government and its three letter agencies. Framing Father Gordon MacRae to get inside the Diocese of Manchester looks like it was a strategic plan that has had catastrophic consequences not just for MacRae but for anyone who has become a tool for, or victim of, the Government infiltration of Catholic organizations.
Father Gordon MacRae was prosecuted, convicted and imprisoned in 1994, the year the Clinton Crime Bill (authored by Joe Biden) was enacted. It is also the year that the Violence Against Women Act was passed enabling $9 billion in grants from the Department of Justice to police, prosecutors and Non-Government Organizations (NGOs). Creating crimes that didn’t exist (while hiding those of state employees or friends of law enforcement and the courts) in order to access grants has undermined the integrity of the justice system in the State of New Hampshire and across the land.
“Justice for the Victim” has been a rallying cry in New Hampshire which has deliberately and consistently failed to ascertain the validity of claims of domestic and sexual assault, while pre-determining victims and predators without doing anything that could remotely be called due process.
Lots of people are denied justice each year and decades later a few of them go free after prosecutorial and police misconduct, or other flaws in the original investigations and trials, are exposed. Some years ago in Pennsylvania, a “Kids for Cash” scheme was unravelled. It involved police, prosecutors, judges and private attorneys. In California, a local journalist came across a series of gatherings in which judges, prosecutors, private attorneys and the media conspired to rig cases in civil, family and criminal courts. What has transpired in New Hampshire bears all the same markings as these. A few breadcrumbs here and there have provided clues to an epic scandal that has been carefully hidden from the public for decades — in large part due to a small “club” who are vested in the profits from it. That club comprises law enforcement, non-profits, local councils, attorneys general, elected representatives, justices, other members of the New Hampshire Bar and certain media outlets. They figured out that by controlling the news, they could control the narrative. And by controlling the narrative they could leverage the outcomes of criminal trials and civil lawsuits. Father Gordon MacRae is a victim of this corruption which even includes local “investigative” reporters who have no critical thinking skills but are determined to reinforce the court corruption in their coverage — presumably due to the sponsorship of their media outlets.
In 1995, a prosecutor in New Hampshire failed to let the defense know that a police officer who arrested a man on trial for murder had a dishonest track record. The state dropped the case. The defendant’s name was Carl Laurie, for whom the “Laurie List” is named. A 1963 US Supreme Court case, Brady v Maryland, requires the prosecution to provide any and all exculpatory evidence to the defense in a timely manner before any criminal trial. Somehow New Hampshire ignored this rule, and for decades judges and prosecutors have been OK with that. This is most likely because there isn’t really a division between police, prosecutors, judges and media in New Hampshire. So a lie that works for one finds its way up the ladder to work for all. Elected DAs who have challenged the ethics of this have been voted out of office (Robin Davis, DA of Merrimack County) or have been undermined by the Attorney General taking over their prosecutions (Michael Conley, DA of Hillsborough County). It is easier in New Hampshire to promote a lie than it is to defend the truth because there is a waterfall of money to be made in the lie — federal grants, civil settlements, contracts, promotions, rewards.
Detective James F. McLaughlin
In June 2018 the police detective who began investigating Father Gordon MacRae in the late 1980s was added to the Attorney General’s secret list of corrupt police officers — the “Laurie List” — also known as the Exculpatory Evidence Schedule for a charge of “Falsification of Records.” James F. McLaughlin, New Hampshire’s top child sex crimes detective, was brought out of retirement in 2017 to work on a Grand Jury Criminal Investigation of St Paul’s School following the framing of scholarship student, 18-year-old Owen Labrie, by Concord Police Detective Julie Curtin. Attorney General Gordon MacDonald brought McLaughlin into the investigation to supervise Detective Julie Curtin and Lieutenant Sean Ford. The report into the school and alleged cover-ups of sex abuse from 2009 to 2017 was completed in August 2018 and a settlement agreement was reached between the Attorney General and the school administration in September 2018. The agreement required a “compliance officer” and a contract with victims advocacy organization the New Hampshire Coalition Against Domestic and Sexual Violence (NHCADSV).
The agreement mirrored one that had been entered into in 2002 after James F. McLaughlin’s investigation into Father Gordon MacRae triggered the circumstances for a Grand Jury criminal investigation, a “compliance officer” and settlement with the Diocese of Manchester. The NHCADSV had brought on board Brian Harlow of SNAP (the Survivors Network of those Abused by Priests) in 2012. Though Harlow had no connection to the MacRae case, he had been one of the original “victims” to come forward for the Diocese of Manchester investigation in 2002. NHCADSV wanted him to help them expand their business and they had a contract with the Department of Defense as well as with the University of New Hampshire which had a strategic agreement with the (Obama) White House 2014 “Not Alone” task force to combat sexual assault on campuses. The Chair of the University System in New Hampshire is Alex Walker. He just so happens to also now be the CEO of Catholic Medical Center in the Diocese of Manchester. As published in a Catholic Medical Center statement:
“Alex has been actively involved in the community for many years. He currently serves on the Board of Trustees of the University System of New Hampshire and on the New Hampshire Business Committee for the Arts. In 2019 and 2020 he co-chaired the Bishop’s Charitable Assistance Fund with his wife, Lisa. He was Chairman of the Board of Trustees of the Palace Theatre, and past Chairman of the Board of Directors of Granite United Way. He has also served on the New Hampshire Bar Association’s Board of Governors, the New Hampshire Supreme Court’s Access to Justice Commission, the Board of Directors of City Year New Hampshire, the Board of Directors for the Business and Industry Association of New Hampshire, and the Greater Manchester Chamber of Commerce Board of Directors where he served as Chairman of the Board in 2011.”
Alex Walker provided counsel to the Diocese alongside the Nixon Peabody law firm which was formed in 1999 in Boston and Manchester. Gordon MacDonald, an attorney at Nixon Peabody became Attorney General and is the current New Hampshire Supreme Court Chief Justice. Before he took office as AG, he successfully managed to block an audit of his client Purdue Pharma. New Hampshire’s opioid crisis has been one of the worst in the country. Catholic Medical Center was fined $3.8 million recently for a kick back scheme. The Boston Globe has exposed cover-ups of medical malpractice by CMC’s administrators headed by Alex Walker. Curiously however, the Boston Globe Spotlight team which covered the Catholic priest sex abuse scandal in 2002-2003 is only interested in exposing a portion of the story that benefits ambulance chasing civil attorneys. The Globe is guilty of removing comments under articles which smacks of the newspaper’s own compromised position preventing its journalists from seeking the real truth as opposed to the monied subjective “his/her/their truth”.
With the addition of Detective James F. McLaughlin on the police misconduct “Laurie List,” AG Gordon MacDonald was suddenly compromised. He had hired McLaughlin because of his history with the Diocese and now he had to hide the fact that he knew McLaughlin was dishonest in the middle of the investigation into St Paul’s School which he had ordered. Instead of coming clean, Gordon MacDonald kept McLaughlin’s dishonesty secret because he was part of the club that had profiteered from McLaughlin’s misconduct. His success as an attorney is deeply tied to his representation of the Diocese of Manchester.
The “compliance officer” in the Diocese was Father Edward Arsenault who became a Monsignor before being defrocked by the Pope after he pled guilty to defrauding the diocese, a dead priest’s estate, and Catholic Medical Center in 2014. Among the expenses Edward Arsenault had clocked up using church funds were the purchase of cell phones, computer equipment, trips to Boston, meals out and work with journalists as well as travel expenditures for himself and his young adult lover.
Recent articles in the last few weeks have revealed that the FBI had planned to infiltrate and undermine the Catholic Church. Christopher Wray, head of the FBI, has tried to toss this off. But the case of Father Gordon MacRae and those of police officer, James F. McLaughlin and Monsignor Edward Arsenault should force a wider inquiry into the Government’s involvement in Catholic institutions going back to the 1980s when Sylvia Gale made up a false rumor about MacRae and shared it with McLaughlin launching his investigation of MacRae.
I have long suspected that Edward Arsenault was never really a priest but actually an FBI operative who got inside the Diocese of Manchester to increase the business of The National Catholic Risk Retention Group and Catholic Charities in such a way that they would become intertwined with Maximus Inc — a for-profit enterprise acting on behalf of the Government. His background is in accounting and finance and he also seems to be heavily involved in big pharma-adjacent enterprises: health/mental health non-profits.
Around the same time (1975) that the US Senate “Church Committee” Inquiry revealed the CIA’s work with 186 educational institutions and non-profits for MK Ultra experiments, Maximus Inc was founded by David Mastran, a Vietnam vet involved with DARPA. Since then Maximus has grown to become the most enormous outsource company for the Governments of the US, Canada, Australia, UK, Israel and Saudi Arabia. Its tentacles have reached into pretty much any Government program you can think of from the IRS to Medicaid, from student loans to Title IV funds, from Department of Defense contracts to Covid vaccination tracking. For all intents and purposes, Maximus has taken over where the CIA and FBI left off when their clandestine and abhorrent human experiments were exposed by the US Senate Church Committee. It would be hard to imagine that the CIA just stopped its experiments in its tracks with so many organizations involved.
In the 1980s in Keene New Hampshire, Sylvia Gale, an employee with State Child Protective Services and DCYF, created a false rumor about Father Gordon MacRae. In an official DCYF letter in 1988, she told Keene Police Detective James F. McLaughlin that MacRae had been involved in a serious crime: the sexual abuse and murder of a child in Florida. Sylvia Gale cited that the source of the fake Florida murder molestation that became McLaughlin’s “probable cause” was Msgr. John Quinn who was at the time Director of Catholic Charities in the Diocese of Manchester.
The crime did not exist and Father Gordon MacRae had never even been in Florida. McLaughlin was known in 1985 for dishonesty but for some reason it took until June 2018 for his name to appear on a State list kept in secret by the Attorney General. In December 2021 Detective McLaughlin’s name appeared publicly on the “Laurie List” of corrupt police for just a few hours before it was removed by Attorney General Gordon MacDonald. Whether Sylvia Gale knew of McLaughlin’s dishonesty when she spread her rumor will forever be an unanswered question but since there were rewards being bandied about by McLaughlin, I believe she probably did know and that money was involved as a reward to her as a “witness” for creating the rumor. Sylvia Gale was a DCYF supervisor of Patricia Grover, the mother of Father MacRae’s accuser at his 1994 trial.
In the time frame from 1985-2018, James F. McLaughlin rose to be New Hampshire’s most celebrated child and internet sex crimes investigator who instructed others in his tactics which included making false statements, procuring and coercion of “victims,” deleting exculpatory evidence, working with media to “shape the message,” federal entrapment (sending unsolicited images of minors), working with civil attorneys and non-profits/victims rights advocates in kick-back schemes. He was given a lifetime achievement award in 2016. At the same ceremony, Concord Police Detective Julie Curtin, was given an award for her work in investigating St. Paul’s school, singling out and framing 18-year-old Owen Labrie. She worked with domestic and international agencies to censor social media for the “victim” who had been recruited in June 2014 for the latest sick experiment. She was carrying the McLaughlin torch forward while he was supposed to retire.
James F. McLaughlin’s crooked enterprise yielded millions in grants, increases in police budgets, non-profit budgets and grants for DCYF, the University of New Hampshire and other affiliated agencies. Why did it matter if a few people had to be framed when so much money could be extorted and former federal prosecutors working at Nixon Peabody are on their side? The law firm’s business grew, turning it into a giant in representation for the health care industry. Particularly that tied to Catholic healthcare institutions — where Monsignor Edward Arsenault was tasked with increasing profits — and the opioid industry. Nixon Peabody represented Purdue Pharma when it was sued by the State of New Hampshire. Creating sex offenders, extorting Catholic establishments, creating drug addicts and claiming Medicaid for medical treatments and facilities has been a sustainable business in New Hampshire for over two decades.
James F. McLaughlin’s enterprise is reminiscent of that of Tom Coleman, aka “T.J. Dawson,” a police officer in Tulia, Arizona who built a business, with accolades all along the way, framing members of the black community for drug offenses they did not commit. Drugs would be planted on unsuspecting targets. Instead of drugs, for Keene Detective James F. McLaughlin, it was sex crimes that were planted. He would fabricate whatever story he could pull off to get plea deals and convictions. In New Hampshire it was easy because the statutes for sex crimes require no corroborating witnesses or evidence. Add qualified immunity for police officers to that, and sovereign immunity for prosecutors, judges and non-profits tied to the courts such as CASA, NHCADSV and agencies like DCYF. They had the perfect racket: collect the federal grants, fabricate the crimes, hide the exculpatory evidence, train the witnesses, use media to garner public outrage to leverage civil settlements with attorneys at the ready to profiteer, and non-profits to train victims and write impact statements. Wash, rinse, repeat.
The National Catholic Risk Retention Group
Attorney General Gordon MacDonald went on to become New Hampshire’s Supreme Court Chief Justice without ever having served as a judge in any capacity. He has a lot to thank James McLaughlin for. MacDonald joined the Nixon Peabody law firm to represent the Diocese of Manchester in the early 2000s. Together with his partner David Vicinanzo, a former federal prosecutor for Massachusetts who had spent time working in the New Hampshire Attorney General’s office, they settled dozens, if not hundreds, of claims against the Diocese of Manchester. Monsignor Edward Arsenault was the appointed compliance officer — nominally. Actually he was in charge of all financial affairs of the Diocese and increasing its reach. He had a business to run; a business to grow. In Monsignor Arsenault’s once-published resume, since removed from view, he boasted of having personally negotiated multi-million dollars settlements in 250 sexual abuse claims against the Diocese of Manchester with a select few personal injury lawyers.
Meanwhile, James F. McLaughlin’s father had been a member of the Concord City Council for 25 years. The Council approves the budget for police investigations including the payments of witnesses for Grand Juries. Although Concord only has 43,000 residents, it is the capital of New Hampshire and is home to the 2nd largest legislative body in the United States after the US Congress in Washington, DC, and the 4th largest in the world. There are 400 elected representatives in New Hampshire. It is an important first stop for any presidential candidate making it a magnet for dark money and a perfect place for three letter agencies involved in clandestine operations to experiment.
The Concord Police Department is not accredited. The current police chief, Bradley Osgood, stated that his department did not have the time or resources to get accredited. The cost is under $20,000. Bradley Osgood was trained in Virginia by the FBI. His predecessor, Timothy O’Malley, left the job to join Vanguard Securities in the fraud department. Dartmouth College and other institutions have accounts with Vanguard Securities. These institutions also have accounts tied to the “Pandora Papers” as does Maximus.
In 1996 Maximus went public. It was the same year that Father Gordon MacRae was denied his first appeals. Bill Clinton was President. He and Hillary were friends with Jeanne and Bill Shaheen. Attorney General Philip McLaughlin, who ordered the investigation into the Diocese in 2002, had been appointed by Governor Jeanne Shaheen who achieved her position with the help of the Clintons. John Sununu, the father of current Governor Chris Sununu, was close to George Bush senior and worked in his administration as White House Chief of Staff. The State of New Hampshire renamed its “Youth Development Center” the “Sununu Youth Development Center” after Governor John Sununu. It is now exposed that youths in the detention center were subjected to sexual, physical, and mental abuse, a scandal that exploded in secret in the early 2000s while the State was investigating the Catholic Church. There are currently over 1,330 pending lawsuits alleging sexual and physical abuse by State employees. The State has hidden millions of documents pertaining to this abuse. Curiously, unlike in the cases of the Diocese of Manchester and St. Paul’s School, no grand jury has been convened to investigate the State and create a report. Maximus and DCYF are front and center in this, but local news organizations have not scrutinized this relationship or that of Catholic Charities and New Hampshire’s police.
In 1999, Nixon Peabody formed in Boston and Manchester, New Hampshire, bringing together a law firm comprising 450 lawyers across New England. The Diocese of Manchester was their client and Maximus was a generous donor to Catholic Charities while starting to get contracts with Catholic institutions. But Maximus was a for-profit wing of the federal government that was effectively now wheedling its way into the vast array of businesses that fall under Catholic Charities. Disgraced Monsignor Edward Arsenault was Chairman of the Board of the Catholic insurance wing for these, The National Catholic Risk Retention Group. David Vicinanzo had been a federal prosecutor who joined Nixon Peabody. Vicinanzo and Nixon Peabody were thus connected to the FBI and so, by association at least, was Edward Arsenault and the Diocese of Manchester, Catholic Charities and their insurance.
The Diocese today refers children to the Children’s Trust Fund for claims of child sex abuse. Children’s Trust Fund shares the same address (10 Ferry Street) as Maximus and Virtus LLC founded in 1999 by Edward Arsenault. Virtus is owned by The National Catholic Risk Retention Group. Also located at 10 Ferry Street is Policy Studies Inc which Kathleen Kerr (on the board of Maximus) joined after she received a letter from US Department of Health and Human Services (DHHS) regarding failures of NH DCYF in 1999. She was legal counsel for DCYF and was there 12 years before she segued into Policy Studies Inc and Maximus which bought it after it was taken over by Veritas. She would have been working with DCYF when the MacRae case took place involving staff members of the DCYF and their families.
Coincidentally, Sylvia Gale, who created the first untrue rumor about Father Gordon MacRae back in 1988, successfully appealed a complaint against her for conflicts of interests that arose between her work for the Nashua DCYF and other non-profits. Sylvia Gale died in 2020 and left behind a legacy for her work in children’s advocacy, but judging by reports on New Hampshire’s Youth Detention Center scandal, the State’s Foster Care System, failures of the DCYF, and the drugging of children in State care, I am not sure it is a legacy to be proud of. It was Sylvia Gale’s colleague, Patricia Grover whose son Thomas Grover became a drug addict before he was convinced by James F. McLaughlin that he could make substantial money by being a witness/victim of Father Gordon MacRae. The Diocese of Manchester coughed up $200,000. Years later, Grover admitted to family members that he was bribed and that the case was a fraud. A therapist sat at the back of the courtroom motioning for him to cry during his testimony against the priest, a story exposed in “Psychotherapists Helped Send an Innocent Priest to Prison.”
The Diocese of Manchester and St. Paul’s School
The Catholic links of Maximus go all the way to the Vatican. Disgraced Monsignor Edward Arsenault appears to have been a conduit between the Diocese, the FBI and the Vatican. When Arsenault went to jail for multiple felony counts of embezzlement in 2014, Assistant Attorney General Jane Young (now the US Attorney for New Hampshire) shook his hand. She even allowed him to continue consulting from behind bars. He was sentenced to prison for four to twenty years, but released on home confinement. Ultimately he had the remainder of his sentence vacated and his restitution of nearly $300,000 was paid in full by unknown third parties during his confinement. Then he appeared with a new name: Edward Bolognini. This time, he claimed he was married — to Francesco Bolognini-Arsenault. They own a Sicilian ceramics import shop together, a luxury condo and Edward Bolognini works for ReServe a non-profit with a $10 million contract from the City of New York despite his financial crimes. Edward Bolognini’s current boss does not seem remotely bothered that he had been convicted of defrauding another non-profit before joining ReServe. Is he just FBI infiltrating/controlling another business related to the Government? Does his sales pitch include promises to increase profits and provide access to Catholic Charities databases in return for immunity for his own crimes?
In September 2018, Laura L. Dunn, an advisor to the White House “Not Alone” Task Force which was partnered with the University of New Hampshire and the NHCADSV, tweeted a congratulations on the settlement agreement reached by Attorney General Gordon MacDonald (David Vicinanzo’s ex-partner from Nixon Peabody) with St Paul’s School following a grand jury criminal investigation. She had actually been introduced to the trial of NH v Owen Labrie by James F. McLaughlin’s protegé, Concord Police Detective Julie Curtin sometime between June 2014 and March 2015, five months before the high profile high school sexual assault trial. Laura Dunn had lied about her own case on NHPR in 2010 but the White House, (then) Vice President Joe Biden, the DOJ and DOE do not mind. She was a useful tool. She helped plant the Rolling Stone UVA “A Rape on Campus” fake story by Sabrina Rubin Erdeley who previously wrote a story about a Catholic priest’s sexual abuse — which also turned out to be untrue. Ironically, Father Gordon MacRae exposed that story from prison in an article entitled, “The Lying, Scheming Altar Boy on the Cover of Newsweek.”
The Attorney General’s settlement agreement with St. Paul’s School was identical to the one arranged for the Diocese of Manchester in 2002. In the case of St. Paul’s School, however, Nixon Peabody Attorney David Vicinanzo commended the Judge for keeping the St. Paul’s School Grand Jury Report private. Vicinanzo’s client, the NHCADSV, got a contract out of it and Attorney General Gordon MacDonald, Vicinanzo’s former partner at Nixon Peabody, got to install a “compliance officer” (an ex-police officer) at the school’s expense. News about this arrangement was lauded by the NHCADSV and others. Allowing the Government to get inside a private Episcopal School was praiseworthy and novel. It would set the example for other private schools around the nation. The compliance officer implemented a behavior reporting software called maxient.com which has been criticized by many as being something the Stasi would have approved of. AG Gordon MacDonald knew that James F. McLaughlin was on the dishonest police officer list when he was carrying out the grand jury criminal investigation into the school but he never revealed that knowledge to the public. Instead he released the settlement agreement just hours after Owen Labrie’s first NH Supreme Court appeal was argued and then later denied. In September 2019, the same month Judge Richard McNamara ruled that the St. Paul’s School Grand Jury Report should remain private, the NHCADSV published a report which asserted that Gordon MacDonald wanted to increase the number of prosecutions for sexual assault.
Before becoming Attorney General, Gordon MacDonald also knew about a thriving false accusations industry for lawyers in New Hampshire because, according to Father Gordon MacRae and a 2005 article in The Wall Street Journal, MacDonald asked the priest to admit to the sexual assault of males he had never met nor even heard of just so Nixon Peabody could reach a quick settlement.
In November 2019, I ran into S. Daniel Carter who had been a partner with Laura L. Dunn in her non-profit SurvJustice tied to the White House “Not Alone” Task Force. He admitted to me that the real interest in NH v Owen Labrie was in St. Paul’s School as opposed to the framed scholarship student himself. The real interest was in the Diocese of Manchester, not Father Gordon MacRae. Both cases were about power, money, control and politics. This explains why Father MacRae was originally offered a lenient plea deal to serve one to three years. Because he would not go along with the lie, he was sentenced by Judge Arthur Brennan to up to 67 years.
On reflection, with recent news regarding the FBI’s memo about its plans within the Catholic Church, I believe that the real goal behind NH v Gordon MacRae and NH v Owen Labrie was a Government goal to get inside Catholic and Episcopal institutions to undermine their religious principles and force them to be subjected to corrupt and greedy Government operatives hiding behind NGOs or Maximus, for-profit enterprises. In contrast, police did not bother going after State employees at the Youth Detention Center leaving it covered up even as they went after the Catholic Church. They also did not bother going after sex abusers in local public schools. There was no money in those and they were already under Government control whereas the private institutions were not. But Government-tied extortionists wanted a piece of those pies.
The FBI in Bedford, New Hampshire and Boston, Massachusetts seem none too bothered by the extortion rackets of these institutions. Why would they be? Their members might even be complicit in them. Robert Mueller was head of the FBI in 2014 when St. Paul’s School was targeted and Owen Labrie framed. He had expanded the definition of rape in 2011. He also happened to be an alum of St Paul’s School in the same class as Senator John Kerry.
Neither the Diocese of Manchester nor St. Paul’s School seem to have benefitted from the fake “independent” compliance officers who are actually spies. Donald Sullivan, the current compliance officer at St. Paul’s School, wrote in a recent report that the information from maxient.com on student conduct is now entering the “analysis phase.” The information is shared with RAINN which has a contract with the Department of Defense as does the NHCADSV. It is also shared with the Attorney General’s office. Data on kids in private religious schools — not exactly what anybody might be interested in except the FBI, the DOD and the DOJ.
Are the Government’s MK Ultra programs still alive and thriving behind Maximus, Virtus, maxient.com and “compliance officer” police state spies? Thomas Grover was offered financial rewards to accuse Father Gordon MacRae. He was a drug addict and he was the son of a DCYF social worker supervisor. Chessy Prout was offered financial rewards to accuse Owen Labrie. She had taken “health” leave for downing nail polish remover in an attempt at self-harm. Like Thomas Grover, she was coached in the courtroom. Useful and malleable tools to frame disposable assets to get at the money and control of Catholic and Episcopal institutions.
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Claire Best is the founder and CEO of Claire Best & Associates — an international film and television agency based in Los Angeles. Her clients include Oscar and Emmy Award winners. Her background is in documentaries.
Suspicious of the over-sensationalism surrounding the high-profile criminal sexual assault trial of St. Paul’s School (Concord, New Hampshire) scholarship student Owen Labrie in August 2015 she started to investigate. In the fall of 2019 she came across Beyond These Stone Walls and Father Gordon’s post comparing the settlement agreement and players involved in the St. Paul’s School and Diocese of Manchester cases. This led her to follow the money to find out what was really going on and why there was such a desire to quash inquiry. Although New Hampshire is the 5th smallest state in the US, it is “First In the Nation” for primary presidential elections. It has a global significance in the financial affairs of Catholic Charities, Maximus and three letter agencies.
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SOURCES
DCYF:
Joe Biden and the Crime Bill
Violence Against Women Act
VAWA $9 billion in grants
Kids for Cash Scandal
California Bench, Bar, Media Scandal
Article mentioning the “club” in New Hampshire’s Bar/judiciary from 1999
Controlling the Narrative: “Pretrial Publicity Friend or Foe: Advice from the Experts Amanda Grady Sexton (NHCADSV, City of Concord Council member) and Steve Kelly Esq (lead attorney in multiple Does v St. Paul’s School suits, and Rappuano and Does v Dartmouth which yielded $14 million of which the NHCADSV was a financial beneficiary to the tune of $2.865 million)
Laurie List
Father Gordon MacRae
Brady v Maryland / Brady Rule
Robin Davis
Michael Conley
James McLaughlin caught in lies
Diocese of Manchester and St. Paul’s School Agreement mirror each other
White House strategic partnership with UNH for “Not Alone” task force
Alex Walker tapped as Chair of New Hampshire University System
Gordon MacDonald defended Purdue Pharma
Catholic Medical Center Kick-back scheme $3.8 million fine
Boston Globe exposes Catholic Medical Center cover-ups for medical malpractice
FBI targeted Catholic Church and Christopher Wray lied about it
Maximus, Inc
Edward Arsenault — defrocked former priest
Senate Church Committee
MKUltra
James F. McLaughlin
Concord Police Detective Julie Curtin receives award
Tulia Drug Bust Revisited
Diocese of Manchester pays for dozens of claims
Dark Money in NH Politics
AG Phil McLaughlin, mentor to Jeanne Shaheen
YDC Abuse Lawsuits survive State’s attempt to dismiss
Attorney who represented church abuse victims (Chuck Douglas) defends State’s YDC settlement plan
10 Ferry Street
Pandora Papers
US DHHS OIG complaint sent in 1999 to Kathleen Kerr at NH DCYF
Maximus links to the Catholic Church
Laura L. Dunn
NH v Owen Labrie
maxient.com Stasi like
https://www.washingtontimes.com/news/2023/feb/20/as-colleges-become-more-stasi-like-students-live-i/
Virtus LLC
David Vicinanzo: WASHINGTON (June 5) — Attorney General Janet Reno announced Friday career federal prosecutor David Vicinanzo of New Hampshire will head the Justice Department’s campaign finance task force.
“Who is David Vicinanzo?”
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 the image for live access 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.”
Our Bishops Have Inflicted Grave Harm on the Priesthood
Pope Francis issued 2019 guidelines for preserving a right of defense for accused priests and limits on publishing their names. Many U.S. bishops just ignored these.
Pope Francis issued 2019 guidelines for preserving a right of defense for accused priests and limits on publishing their names. Many U.S. bishops just ignored them.
Editor’s Note: The following guest post by Ryan A. MacDonald is an important sequel to his previous post, In the Diocese of Manchester, Transparency and a Hit List.
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In the above-captioned article at These Stone Walls, I wrote about a decision of The Most Rev. Peter Libasci, Bishop of the Diocese of Manchester, New Hampshire, to publish a list of the names of priests “credibly” accused in that state over the past fifty years. At the time the list was published in August 2019, the Bishop and Diocese issued a press release citing ‘transparency” as the reason for publishing it.
The list contained the names of 73 accused priests. More than half are deceased. Only five of the 73 ever had a case for prosecution before any New Hampshire court. None of the claims were current. Most alleged misconduct from three to five decades ago. Virtually all were brought with a financial demand that resulted in a monetary settlement from the diocese.
Bishop Peter Libasci’s published list was generated, not by any semblance of due process, but rather by a one-sided grand jury investigation of the diocese launched in 2002. That investigation treated all claims in civil lawsuits and other demands for settlement as demonstrably true with no standard of evidence whatsoever.
Bishop Libasci’s press release revealed that the claims against all 73 priests were determined to be “credible.” This is a standard that the United States bishops adopted at their Dallas meeting in 2002. “Credible,” as the bishops are applying it, means only “possible.” If it could have happened, it’s credible.
A 2003 grand jury investigation of the Diocese was the source for the recently published list. In that investigation, none of the accused — the few who were still living, anyway — were permitted to appear to offer any defense. That is the nature of a grand jury investigation. It is a strictly prosecutorial affair that is supposed to determine whether indictments and trials should follow. None of the subjects on Bishop Libasci’s list were indicted after the 2003 grand jury report became public.
My article cited above was followed by a related and stunning article by Fr. Gordon MacRae, one of the priests whose name appears on the bishop’s list. His category was unique on the list. It was simply, “convicted.” It was published without nuance by a diocese whose previous bishop told others in secret that he knows Father MacRae to be innocent and unjustly imprisoned. “Transparency,” however, has its limits.
Father MacRae’s article is “A Grand Jury, St. Paul’s School, and the Diocese of Manchester.” Amazingly, from reports I have seen generated by These Stone Walls, the article was heavily read around the world, most notably in Washington D.C., at the Holy See, and throughout Rome. In New Hampshire, it was the most-read article of the year at These Stone Walls.
My article, “In the Diocese of Manchester, Transparency and a Hit List,” focused on injustices behind the scenes in a decision of the Bishop and Diocese to publish that list anew. Father MacRae’s remarkable sequel contrasts the 2003 grand jury investigation of his Diocese with a similar 2018 investigation of a nationally known Concord, New Hampshire academy, St. Paul’s School, with historic ties to the Episcopal church. Fr. MacRae brought to light a judicial ruling that publishing these grand jury reports — and by extension the Bishop’s list of names — is actually forbidden under New Hampshire law.
Grave Injustice in the ‘Live Free or Die’ State
Father MacRae’s article revealed a grave injustice in the Diocese of Manchester and multiple other U.S. dioceses. Fifteen years after the Diocese and Attorney General signed a deal in secret to publish a grand jury report in 2003, New Hampshire Superior Court Judge Richard McNamara ruled that the report, and one involving a 2018 St Paul’s School grand jury investigation, cannot legally be published.
New Hampshire Attorney General Gordon MacDonald pressed to allow publication of the St. Paul’s School report. He cited the 2003 Diocese of Manchester precedent in which a report and files were published — the source for the names on Bishop Libasci’s list.
Father MacRae revealed that in 2003, the current N.H. Attorney General was part of a legal team representing the Diocese when release of the report was agreed upon in secret. It was the Attorney General’s citing the precedent that triggered Judge McNamara’s 23-page Order dated August 12, 2019, ten days after Bishop Libasci published his list.
Given the various one-sided grand jury investigations of Catholic dioceses across the U.S., Judge McNamara’s Court Order should give Catholics pause. The judicial findings summarized below cast doubt on the U.S. bishops’ collective decisions to publish lists of names arising from grand jury investigations:
The OAG [Office of the Attorney General] argues that a common law precedent for such a report does in fact exist because the Hillsborough County [NH] Superior Court [in 2003] authorized an agreement between the OAG and the Diocese of Manchester to waive the secrecy of a grand jury investigation …
The Hillsborough County Superior Court endorsed the Diocese-OAG Agreement without explanation and without any written Order. This Court respectfully disagrees with the decision to approve the Diocese-OAG Agreement [in 2003].
The Diocese-OAG Agreement fulfilled none of the traditional purposes of the common law grand jury.
The Court cannot find that the use of grand jury materials and the breach of grand jury secrecy in order to prepare a report is a practice authorized by New Hampshire common law.
Rather than investigation of crime, the report is a post hoc summary of information the grand jury considered, but did not indict on. It did not protect the privacy interests of those witnesses and subjects that were never charged with a crime by the grand jury.
The deficiency of the Diocese-OAG Agreement is cast in bold relief by [a] December 2018 decision of the Pennsylvania Supreme Court Pennsylvania has a statute that specifically authorizes investigative grand juries and investigative reports. However, as in most states, the statute contains statutory procedures to provide individuals with due process protections for their reputational rights … the petitioners were entitled to have a report published with redactions of their names in order to protect their right to reputation. [emphasis added]
A grand jury is not an adversary hearing in which guilt or innocence is established. Rather, it is an ex parte investigation to determine whether a crime has been committed and whether criminal proceedings should be instituted against any person.
Grand jury testimony can involve all sorts of false, damaging, and one-sided information and New Hampshire has no historical or legal basis for releasing such information.
An allegation of wrongdoing or impropriety, based on half-truths, illegally seized evidence, or rumor, innuendo or hearsay may blight a person’s life indefinitely.
Mark Twain famously said that a lie is half way around the world while the truth is putting on its shoes. In an internet age, he might have added that the lie will forever outrun the truth as search engines become more efficient.
Accordingly, the Court DENIES the OAG Motion to Produce and Disclose. The OAG may not produce any report that contains any material characterized as a “Grand Jury Report.”
[Source Order of Judge Richard B. McNamara In Re: Grand Jury No. 217-2018-CV-00382, August 12, 2019.]
Now Comes the Pope
The Court Order should have applied to the Bishop of Manchester as well. He took it upon himself to do what the law forbids the State to do: to prosecute and convict in the public square those who were not indicted, were not tried or convicted, but were merely accused. I find it a disturbing coincidence that Bishop Peter Libasci’s decision to publish a list of the names of 73 accused priests — the vast majority of whom are merely accused — took place just days before the Order by Judge McNamara was issued.
This is ironic, at best, and at worst highly suspect. Had the Order preceded the release of names, the priests involved — those still living, anyway — may have had legal standing to challenge it. But this all pales next to published guidelines of another authority the bishops should be heeding.
On November 12, 2019, Archbishop Christoph Pierre, Apostolic Nuncio to the United States, addressed the U.S. Conference of Catholic Bishops in Washington, D.C. His address emphasized that “The pastoral thrust of this pontificate must reach the American people.” The bishops can fulfill this, he said, with “tangible signs of their communion with the Holy Father.”
Among the “pastoral thrusts” of the pontificate of Pope Francis that might require communion with his bishops was a February 21, 2019 issuance of a set of guidelines that bishops should follow on how allegations of sexual abuse by priests are to be handled. The list included 21 points that Pope Francis asked the bishops to observe. Point Number 14 is as follows:
“The right to defense: the principle of natural and canon law of a presumption of innocence must also be safeguarded until the guilt of the accused is proven. Therefore, it is necessary to prevent the lists of the accused being published, even by dioceses, before the preliminary investigation and a definitive condemnation.”
Rev. Msgr. Thomas G. Guarino, Professor of Systematic Theology and a prolific author, has published what I consider to be a landmark article entitled “The Dark Side of the Dallas Charter (First Things, October 2, 2019). Father Guarino characterized the 2002 Dallas Charter — the operable document under which accused priests are removed from all ministry:
“The harried bishops, with their Dallas Charter of 2002… passed Draconian norms that come close to venturing beyond Catholic teaching. The American bishops decreed ‘zero tolerance’ for priests accused of sexual abuse, a norm that, as Cardinal Avery Dulles acknowledged in 2002, violates equitable treatment for priests. Dulles added, ‘Having been so severely criticized for exercising poor judgment in the past, the bishops apparently wanted to avoid making any judgments in these cases’”
Father Guarino’s article points out that Pope Francis has been reluctant to invoke the term “zero-tolerance.” The Wall Street Journal reported that of the twenty countries in the world with the largest Catholic populations, only the Bishops of the United States have invoked a policy of “zero tolerance.”
In 2000, the U.S. bishops issued a pastoral document critical of the American criminal justice system. The bishops rejected terms such as “zero tolerance” and “three-strikes” in the application of punishments in the criminal justice system. They urged lawmakers to focus on rehabilitation and restorative justice while imposing sentences.
But two years later, at Dallas in 2002, under the harsh glare of the news media and victim advocates such as S.N.A.P. (who were directly invited by the bishops) the U.S. bishops inflicted the same panic-driven one-size-fits-all policy on their priests that they asked the justice system NOT to inflict on all other U.S. citizens. Cardinal Avery Dulles wrote in rebuttal in 2004:
“The Church must protect the community from harm, but it must also protect the human rights of each individual who may face an accusation… Some of the measures adopted [at Dallas] went far beyond the protection of children… [Bishops] undermined the morale of their priests and inflicted a serious blow to the credibility of the Church as a mirror of justice.”
— Avery Cardinal Dulles, “The Rights of Accused Priests,” America 2004
The Dark Side of the Dallas Charter
As Father Gordon MacRae exposed in “A Grand Jury, St. Paul’s School, and the Diocese of Manchester,” the late Father Richard John Neuhaus interviewed an American prelate who was one of the unnamed principal architects of the U.S. Bishops’ Dallas Charter. Father Neuhaus quoted him in a First Things article: “It may be necessary for some innocent priests to suffer for the good of the Church.” That prelate, according to Father MacRae, was Cardinal Theodore McCarrick.
As Father Guarino points out in “The Dark Side of the Dallas Charter,” a significant problem with the Bishops’ policy is that most accused priests have not actually been found guilty of abuse. Of the 73 priests, both living and deceased, on Bishop Peter Libasci’s published list, only five ever had due process in any court of law. Three of those were by plea deals, and one, as Bishop Libasci’s predecessor has acknowledged in secret, is wrongfully convicted.
For all the other names on the Diocese of Manchester list — and for the vast majority of the hundreds of American priests who have been removed from ministry, the allegations against them were only considered “credible,” meaning only that it is possible that they happened. If any other American citizens from any walk of life were subjected to such a standard before being shamed in the public square, libel and slander lawsuits would flood the courts.
Perhaps the greatest insult to Catholics in the pews is the statement of Bishop Libasci — and other bishops who have published lists of names of the accused — that this is done for the purpose of “transparency.” I have personally attempted to review the required canonical investigations of Father MacRae that a previous official of the Diocese of Manchester insisted were carried out. I was told that these investigations are confidential.
I have requested to see the list of settlements meted out to the accusers in his case which have been called into question by The Wall Street Journal and other interested parties. I was told that these settlements are confidential.
Father MacRae himself requested of a previous bishop, the Most Rev. John McCormack, that he be permitted to see the canonical investigation that the bishop claimed was forwarded to the Holy See. Father MacRae was reportedly told that this, too, is confidential. He was later told by another official of the Diocese that no required canonical investigation ever took place. This was before MacRae learned from a New Hampshire attorney and a PBS producer that Bishop McCormack revealed, after requesting secrecy, that “I firmly believe Father MacRae is innocent and should not be in prison.”
“Zero Tolerance” is an insult to Catholic theology and to our priests who are disenfranchised from their priesthood, and from their civil rights as citizens, on the whim of a bishop after being accused.
“Transparency,” however, is an insult to all the rest of us who have waited under shrouds of duplicity for our bishops to reflect the mirror of justice that this world needs the Church to be.
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Editor’s Note: Please share this important post with the priests and Catholic laity you know. You are also invited to Subscribe to These Stone Walls and to Follow on Facebook some inspiring related graphic presentations of these posts.
You may learn more on the story of Catholic priests falsely accused from these relevant articles:
In the Diocese of Manchester, Transparency and a Hit List by Ryan A. MacDonald
The Prison of Father MacRae: A Conspiracy of Silence by Ryan A. MacDonald
Bishops, Priests and Weapons of Mass Destruction by Father Stuart A. MacDonald, JCL
The Trials of Father MacRae by Dorothy Rabinowitz, The Wall Street Journal
Grand Jury, St Paul’s School and the Diocese of Manchester
Blocking a grand jury report on sex abuse at an elite NH prep school, a judge ruled that an NH Catholic diocese defamed its priests without due process of law.
October 23, 2019 (updated December 27, 2021)
“Did my bishop throw his priests under the bus illegally?”
This post is by necessity contentious, so it must begin with a disclaimer. The current Bishop of the Diocese of Manchester is not in any way complicit with the events described herein with one exception: his recent publication of a list of priests who have been “credibly” accused. Ryan MacDonald wrote of this in his latest guest post, “In the Diocese of Manchester, Transparency and a Hit List.”
The term “credibly” accused has serious due process problems which even some bishops now acknowledge, but only because the standard is now also being applied to them. I described this affront to justice in “The Credibility of Bishops on Credibly Accused Priests.” Now there is a new and stunning development in this story. Saint Paul’s School in Concord, New Hampshire, with historic ties to the Episcopal church, has a long and storied history as a prestigious American prep school. Its distinguished alumni list reads like a Who’s Who of Washington political insiders. It includes congressmen and senators, ambassadors and Secretaries of State, and the children and grandchildren of U.S. presidents.
Graduates of St. Paul’s include Watergate Special Prosecutor Archibald Cox, Former “Russia Probe” Special Prosecutor Robert Mueller, and Democratic Senators John Kerry (MA) and Sheldon Whitehouse (RI). In 2011, Princeton University Press published Privilege: The Making of an Adolescent Elite at St Paul’s School by Shamus Khan.
In recent years, St. Paul’s School has been embroiled in a sexual abuse controversy. In 2015, former student Owen Labrie was tried and convicted for the statutory rape of a 15-year-old freshman while in his senior year, a story reportedly connected to an unsanctioned school custom called “Senior Salute.”
In 2017, St. Paul’s School was the subject of a sexual misconduct investigation led by former Massachusetts Attorney General Scott Harshbarger. His investigation included allegations over a forty year period from 1948 to 1988.
In July, 2017, New Hampshire Attorney General Gordon MacDonald convened a grand jury to investigate allegations of abuse at the school. The grand jury completed its investigation late in 2018 at which point a plea deal was signed between the Attorney General and St Paul’s School administration.
The plea deal was nearly identical to one arranged in 2002-2003 by the New Hampshire Attorney General with Bishop John McCormack, former Bishop of the Catholic Diocese of Manchester, and his Chief Compliance Officer, Rev. Edward J. Arsenault. Both deals allowed their respective targets — St Paul School and the Diocese of Manchester — to squash a possible misdemeanor charge of endangering the welfare of minors in exchange for a five year plan of staff training and improved monitoring.
A central tenet of both deals was that the prestigious school and the Catholic diocese would waive grand jury confidentiality so the respective reports and documents could be published. Officials of both the Diocese of Manchester in 2003 and St Paul’s School in 2018 signed these waivers. In the case of the Diocese, the grand jury report and related files were published with massive local and regional media coverage in March, 2003.
This is why Ryan MacDonald published “In the Diocese of Manchester, Transparency and a Hit List,” a well-researched report of how this closed-door deal and its behind-the-scenes manipulation by some central staff of the Diocesan Chancery Office sabotaged due process rights for me and other priests.
Now Comes Judge Richard McNamara
Ryan MacDonald’s article laid out the closed-door duplicity at work at the time the deal was carried out. My defense file and a vast amount of exculpatory material were requested by the Bishop’s Chief Compliance Officer, Rev. Edward Arsenault, under the false pretense of securing legal counsel for me. Once obtained, the confidential files were turned over to state prosecutors to be selectively published after the removal of exculpatory material.
The deal allowed the diocese to arrange for each accused priest to have a ten-day review to challenge in court any material deemed to be confidential. I was the only priest of this diocese to be denied that right. In the end, as Ryan reports, I protested the deal between my bishop and the state because of its blatant sabotage and misuse of privileged files.
My protest was sent to Bishop John McCormack’s appointed Delegate, Father Edward Arsenault, who seemed to be behind most of the suppression of rights. Like all other attempts to address this with my diocese, my multiple letters were met with silence.
I then wrote directly to Bishop McCormack who responded that the diocese tried in good faith, but without success, to prevent release and publication of confidential materials. He claimed that the Attorney General issued a subpoena to take indiscriminate custody of the priests’ files with no opportunity to challenge their publication.
In contrast, Assistant Attorney General Neals-Erik William Delker wrote in a letter to me that under New Hampshire law, grand jury investigations, reports, and files are confidential. For the report and related documents to be published, he wrote, the Bishop of Manchester had to waive confidentiality, and did waive confidentiality, on behalf of all parties involved.
Now, sixteen years later in a stunning development, New Hampshire Superior Court Judge Richard McNamara has denied publication of the grand jury report and investigation files in the case of St Paul’ School. In his 23-page order, Judge McNamara dropped a bombshell that should shake the earth beneath the feet of Catholic bishops and their lawyers across the land. In denying the Attorney General’s Motion to publish, he wrote:
“For hundreds of years, the grand jury has been a buffer between the power of the state and the citizen. Confidentiality of witness and cooperator information has been an essential part of how the grand jury works since colonial times.”
Making this development more stunning still, the Attorney General argued that there is in fact a precedent in New Hampshire for publishing grand jury reports: The 2003 Agreement with the Diocese of Manchester. It is easy to see why the current Attorney General cited this precedent. In 2003 he was an attorney representing the Diocese of Manchester in the matter of negotiating settlements.
Judge: “All Sorts of False, Damaging, One-Sided Information”
The following are excerpts from Judge NcNamara’s 23-page Court Order denying the Attorney General’s motion to publish the St Paul’s School report using the precedent of the 2003 Diocese of Manchester Grand Jury Report:
“The OAG [Office of the Attorney General] argues that a common law precedent for such a report does in fact exist because the Hillsborough County Superior Court authorized an agreement between the OAG and the Diocese of Manchester to waive the secrecy of a grand jury investigation … and to authorize the release of sealed subpoenas, pleadings, and orders related to the grand jury investigation … The Hillsborough County Superior Court endorsed the Diocese-OAG Agreement without explanation and without any written order.”
“The Court respectfully disagrees with the decision of the Hillsborough County Superior Court to approve the Diocese-OAG Agreement. The Agreement … 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. It did not protect the privacy interests of those witnesses and subjects that were never charged with a crime by the grand jury.”
Judge McNamara explained that he is blocking publication of the St Paul’s School grand jury report for the same reasons that the Diocese of Manchester report and files should have been blocked in 2003. He wrote that grand jury testimony can involve “all sorts of false, damaging and one-sided information.” In holding that the Diocese of Manchester Report did not protect the privacy rights of those named, Judge McNamara concluded:
“Mark Twain famously said that a lie is halfway around the world while the truth is putting on its shoes. In an internet age, he might have added that the lie will forever outrun the truth as search engines become ever more efficient.”
It is for these reasons, Judge McNamara ordered, that grand jury investigations in New Hampshire are confidential. As a reporter for the New Hampshire Union Leader observed, “His ruling decided a case that had been argued in secret” (see Mark Hayward, “Judge blocks release of St Paul’s grand jury info,” New Hampshire Union Leader, Oct 1, 2019).
Transparency in the Diocese of Manchester
There are some alarming questions that arise from the handling of these reports, the potential for conflicts of interest, and the apparent absence of effective judicial oversight of the Diocese of Manchester grand jury report in 2003.
Publication of that report sabotaged the due process rights of many priests and placed damning information in public view resulting in condemnation without trial. The content from this report was then absorbed by the toxic site, Bishop-Accountability which was established for a singular purpose: to foster new accusations against priests with no effort to corroborate any of the claims gathered and published there.
Judge McNamara’s Order explains that a grand jury is seated for the purpose of investigating and prosecuting crime. In the cases of the Diocese of Manchester in 2003 and St Paul’s School in 2018, no indictments were issued. The Judge wrote:
“Grand jury reports that criticize individuals are extremely controversial. 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. The Florida Supreme Court described [such] a grand jury report as ‘not far removed from … and no less repugnant to traditions of fair play than lynch law.’”
The respective “deals” contain a hint of extortion. A misdemeanor criminal charge could be avoided if the administrations of the two institutions agreed to waive grand jury confidentiality and allow the reports to be published. The threat of prosecution weighed heavily on Bishop John McCormack who wrote in a December 10, 2002 letter to priests:
“The substance of the [grand jury’s] conclusion was to weave 40 years of history into one moment, and based on some rather complicated legal understanding of knowledge and intention, they concluded that they had enough evidence to indict the Diocese of Manchester for the endangerment of the welfare of children…”
“I agreed with the Attorney General that it was in the best interest of the Church and the people of the State to resolve this matter by a public Agreement between the Diocese of Manchester and the State of New Hampshire… Let me assure you that no archival material regarding any priest, other than those against whom we have had a credible accusation … was submitted to the Office of the Attorney General.”
— (December 10, 2002 letter to priests of the Diocese of Manchester sent to every priest except Fr. Gordon MacRae.)
But was the threat of prosecution against either St. Paul’s School or the diocese even realistic? Louisiana State University Law Professor John S. Baker had doubts. Writing for the Boston College Law Review in 2004 Professor Baker revealed that the New Hampshire Attorney General admitted in 2004 that the theory of law behind the threat of such a charge was “novel” at best, and highly unlikely. The statute of limitations for a misdemeanor child endangerment charge is one year while the time period of the grand jury report dated back forty years or more. The report unveiled not a single contemporary case. So why did Bishop McCormack sign such an agreement? The question remains unanswered, but it set a dangerous precedent for the Catholic Church in America. Prof. Baker wrote:
“The Church should recognize the New Hampshire settlement for what it potentially is: the camel’s nose inside the tent.’… This intrusion by a state prosecutor into the jurisdiction of the Church may encourage and be the basis for actions by other state prosecutors… The decision by the Diocese to enter into this agreement represents a dangerous capitulation by one diocese that may have created a serious threat to the other dioceses in the United States.”
— John S. Baker, “Prosecuting Dioceses and Bishops,” Boston College Law Review, 1061, 2004
The claims of transparency in the Diocese of Manchester are highly selective. There is much related to this matter that is far from transparent. It would be difficult to believe that Edward Arsenault — who would later be charged, convicted, imprisoned and dismissed from the clerical state for his embezzlement of $300,000 from the Diocese and other sources — was not involved in the Kafkaesque diocesan affairs of 2003. He has since changed his name and is now officially known as Edward J. Bolognini.
In his published resume, which has been removed from public view, Arsenault identified himself as “Chief Operating Officer / Chief Compliance Officer” for the Diocese of Manchester from 2000 to 2009. He was thus at the center of all that Ryan MacDonald wrote about in his report, “In the Diocese of Manchester, Transparency and a Hit List.” The resume went on to describe Arsenault’s role:
“[To] provide advice and counsel to the Bishop of Manchester for pastoral governance, strategic management, and operational oversight of the Diocese of Manchester including but not limited to the successful settlement of over 250 civil claims associated with sexual abuse.”
In the strangest twist, the lawyer retained by staff and former staff, of St Paul’s School who successfully challenged publication of the grand jury report was Attorney David Vicinanzo, the same lawyer who Father Arsenault claimed was retained by the Diocese to represent me at the time Father Arsenault obtained my defense files under false pretense. Neither Arsenault nor Mr. Vicinanzo ever responded to my multiple requests for explanation in 2003 or after.
Strangely, in December of 2003, nine months after the grand jury report and files exploded in the press, Arsenault wrote in a letter to me: “I have not yet had a chance to discuss with Attorney Vicinanzo the matters we previously discussed.” I never heard from Arsenault again.
In his successful blocking of the 2018 grand jury report on St. Paul’s School, Attorney Vicinanzo was quoted in the news media. He called Judge McNamara’s Order “a full-throated defense of the grand jury as an institution.”
Judge McNamara issued his Order stating that the 2003 grand jury report on the Diocese of Manchester should not have been published because it failed to protect the privacy rights of those involved. Just a few days previously, Bishop Peter A. Libasci, the current Bishop of Manchester, published a list of all 73 priests of his diocese who have been “credibly” accused. He did this, he says, for transparency.
There is much more to come on the murkiness that is now called “transparency.”
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Postscript: An Update on This Story
December 27, 2021
Now Bishop Peter A. Libasci has himself been “credibly accused.” On July 22, 2021, the New Hampshire Union Leader newspaper, in an article by Mark Hayward, reported, “NH Bishop accused of sexual abuse by an altar boy decades ago.” Whatever differences I have had with Bishop Peter Libasci and his published list, I was and am deeply saddened by this development. The accusation stems from 1983, the same year as the accusations against me. The lawsuit, filed in Suffolk County, New York, alleges that then Father Peter Libasci sexually assaulted a boy aged 12 to 13 “on numerous occasions” at a parish and Catholic school in Deer Park in the Diocese of Rockville Center, New York.
Unlike the cases of any similarly accused Catholic priest, Bishop Libasci has to date faced no restrictions on his ministry. This matter contains none of the transparency that Bishop Libasci cited as his singular motive for publishing a list of 73 priests accused — merely accused — and in the same manner in which he himself has now been accused. For this complete story see “Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo”
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Note from Father Gordon MacRae: David F. Pierre Jr. of The Media. Report has an excellent brief analysis of the above along with some links to how it connects to and impacts my own situation. See TheMediaReport.com (October 9, 2019): “Stunner: New Hampshire Judge Says 2003 Diocese of Manchester Grand Jury Report Never Should Have Been Released.”
You may also wish to read and share
In the Diocese of Manchester, Transparency and a Hit List
and these related articles from some very accomplished writers:
Justice & a Priest’s Right of Defense in the Diocese of Manchester by Ryan A MacDonald at A Ram in the Thicket
Journalism Outside the Box: Wall St. Journal Bravely Profiles Stunning Case of Wrongfully Convicted Priest by David F. Pierre, Jr. at The Media Report
The Ordeal of Father MacRae by Catholic League President Bill Donohue
Spotlight Oscar Hangover: Why ‘Spotlight’ Is a Terrible Film by JoAnn Wypijewski in CounterPunch
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“In the course of my 1994 trial, and while sentenced to life in prison, and during State and habeas corpus appeals I have never been allowed to utter a single word in my own defense. In 2011 a two-part documentary video was made of my testimony. It went missing for several years and has just turned up.”