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.

Pornchai Moontri: Elephants and Men and Tragedy in Thailand

Photo by Megan Coughlin (CC BY-ND 2.0)

When Fr Gordon MacRae wrote about a tragedy in Uvalde, Texas, he interviewed me for that post. I never imagined we would one day face the same tragedy in Thailand.

October 26, 2022 by Pornchai Maximilian Moontri

Sawasdee Kup, my friends. I greet you from the central Thailand city of Pak Chong. If you are wondering where Father G has been, nothing has changed. He is still right in the prison cell where we both lived for many years. As you know, there is a lot going on in his life at the moment. He has hard decisions to pray about and a lot of writing to do. I expect he will resume writing to you here next week.

I am most fortunate to be able to speak with Father Gordon daily. He calls me from his cell (it used to be our cell) at 0800 each morning which for me is 7:00 PM. I have been following very closely the posts by Ryan MacDonald, Harvey Silverglate, David F. Pierre, Jr., and Catholic League President Dr. Bill Donohue in the last few weeks. I laughed when I read Ryan’s comment about a local reporter refusing to see any of Ryan’s news about Father G saying, “My mind is made up.” I know Father Gordon better and longer than anyone. My mind is made up too.

In our daily call, Father G has told me about all that has been happening, but he has just never been at the center of his own focus on life. In recent weeks he has spoken with me every day about a tragedy that happened to some of the people of my home Province of Nong Bua Lamphu in Thailand. Like many people here, I have been shaken by this, but Father Gordon brings it up with a broken heart every time we speak now. He told me that the whole world was in mourning.

If you missed that news, it is an awful account. The small Thai village of Uthai Sawan in the north east of Thailand is near Phu Viang, the village where I was born. It is a part of Nong Bua Lamphu Province where Father John Le and his Order, the Society of the Divine Word, have their Thailand headquarters and a treatment center for Thai children with HIV. We are all deeply sad over what happened in Nong Bua Lamphu on October 6.

People in Thailand do not generally own guns. It is extremely rare that there is a murder here that involves a gun. The only people with guns are police officers. On October 6, 2022, a recently fired police officer named Panya Kamrab brought a 9mm handgun and a knife into a preschool daycare center in Uthai Sawan where he murdered 24 children ages two to five. Then he killed several adults and his own wife and child before turning his gun on himself. On that day, 36 people died at his hands.

Mr. Kamrab was 34 years old and a former police officer in that same community. He had lost his position due to his possession and use of methamphetamine drugs, but in the autopsy after his rampage there were no drugs found within him. The mayor of Uthai Sawan said that methamphetamine abuse is rampant. “The drugs are cheap and everywhere in society,” he said.

Uthai Sawan is a small rural farming community in the far Northeast of Thailand near and very similar to the place where I lived as a small child. Like my ancestral family, the people there are mostly farmers raising rice and sugar cane for market. The innocence of that community is now torn, and recovery will take a very long time.

It Takes a Village

In Thailand, the Monarch, King Maha Vajiralongkorn, is the Head of State while Prime Minister Prayuth Chan-ocha is the head of government. The Prime Minister, Deputy Prime Minister, and other senior members of the government all traveled to Uthai Sawan where the tragedy took place and promised compensation for the mourning families. The King told the families that their deceased children will receive Royal patronage and the King would pay for their funeral expenses. The Thai government has responded as well as possible, but there is no Ministry to Mend Broken Hearts.

In many rural Thai families, it is common for children to be raised by grandparents and extended family while parents travel in search of better paying jobs to support them. That is what happened in my family as well. But the world is different now. There are other influences. The people of Uthai Sawan blame drugs as the cause of this madness. They say that cheap narcotics have overwhelmed many adolescents and young adults holding more of an influence over them than their families can.

Drug abuse is a scourge on the world. Though no drugs were found in Panya Kamrab after the killings, he was known to struggle with methamphetamine. He had been scheduled to appear in a local court on drug charges set for three days after his rampage.

This tragedy is almost a mirror image of the senseless killings in Uvalde, Texas that Father Gordon wrote about in June this year in “Tragedy at Uvalde: When God and Men were Missing.” When he asked me back then what might have driven 18-year-old Salvatore Ramos to his rampage in Uvalde, I told Father G:

“I did not care about anyone either; and then someone cared about me. If I did not find God, and you, and acceptance, and Divine Mercy, I might have stayed on a road to destruction. It was all I knew or expected. Hatred left me when something came along to replace it. Do you remember your Elephants post? It makes total sense. The one thing missing from my life and the lives of those two kids in America was a father. Without one, a decent one, a kid is at the mercy of dark forces and his mind just breaks.”

The “Elephants post” I mentioned was one Father G wrote for Fathers Day in 2012. It opened my eyes and the eyes of many others and it began a serious conversation about the crisis of manhood and fatherhood in our time. That now famous post was “In the Absence of Fathers: A Story of Elephants and Men.”

Father G says it has been showing up a lot since the tragedy at Uvalde. It is not a surprise to me that some people in the U.S. are just now discovering that wonderful story. I was there when Father G wrote it in our cell on his typewriter for three hours on a Saturday afternoon. I was amazed at what came out of his mind on paper. He used to often give me his finished post to read, and I admit that sometimes I had to force my eyes to stay open, but not for that post. I thought it was fascinating.

Of Elephants and Men

I think we can learn some things about manhood from elephants. In Thailand, they are considered sacred. Their family units never succumb to outside pressures because elephant parents - and especially fathers — do not walk away from their instinct to protect, guide and teach their young. Elephants have long been revered and honored, and in Thailand and other Southeast Asian countries, they play a significant role in traditional religion.

I was taken away from Thailand as a Buddhist child and 36 years later I returned as a committed Catholic. I think you already know that a lot of suffering and loss were surrendered to Divine Mercy in that conversion. In Thailand, the small minority of Catholics and the large majority of Buddhists live and work side by side in harmony and mutual respect. Both have impacted our culture. All my ancestors were Buddhist as are 97 percent of the people of Thailand. In Buddhist traditional stories, the white elephants of Thailand were heralded as manifestations of God.

What does this have to do with the tragedies at Uvalde, Texas and Uthai Sawan, Thailand? Father G told me this wonderful true story in our phone call today:

“South African conservationist Lawrence Anthony was known as ‘The Elephant Whisperer.’ He spent his life working to save endangered species and became known for his ability to communicate with and rescue traumatized and injured elephants. He managed the 5,000 acre Thula Thula Reserve in Kwazulu Natal, South Africa.

“On March 2, 2012, [just three months before Father G wrote his post on Elephants and Men] Lawrence Anthony had a fatal heart attack. Then something extraordinary happened. The two elephant herds in Thula Thula walked from different directions for 12 hours to the house where Mr. Anthony died. They stood vigil at the compound for two days, apparently in ritual mourning. Then they disappeared again into the wild.

“No one can explain how the elephants knew of Mr. Anthony’s death. Then, for each of the two consecutive years following his death, elephants returned on that same date and time to mourn him.”

This is what has happened in recent weeks in Uthai Sawan in far Northeast Thailand. From the King of Thailand down to the youngest, smallest citizen, the Thai community has come to mourn from near and far the tragic loss of its beloved children.

In the years I lived in America, I thought that we gave up our dead too quickly, and returned too quickly to the day to day drama of our own lives. The Buddhists of Thailand believe that the souls of their dead linger for a time in the place where they lived. The time of mourning is a faith experience that is shared with them. As a Catholic, I too have been touched by death and those I loved in this life have lingered in my heart for the passing of many moons.

Father G taught me that no one can pass through life alone. The human village is essential, and faith is essential to the human village. No one should be lost. No child should be left behind. No one should go it alone now in this world of madness and distraction. We must all hear and heed the Word of God to Cain in the Book of Genesis: “Listen to the sound of your brother’s blood crying out to me from the Earth.” (Genesis 4:10)

Please pray for the parents of Uthai Sawan and for Thailand.

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Note from Pornchai Moontri: Thank you for reading and sharing this post, for supporting my best friend, Father G, and for making me part of our family of believers. You may also like these related posts:

In the Absence of Fathers: A Story of Elephants and Men

No Child Left Behind — Except in Afghanistan

The God of the Living and the Life of the Dead

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Note from Fr. Gordon MacRae: I thank Pornchai Moontri for stepping in for me with this moving post. While Pornchai was writing this, I was invited to write an article for the project, False Allegations Watch. My article, which was just published is “Did police misconduct turn a false allegation into a wrongful conviction? — Fr Gordon J. MacRae.” Visiting and sharing this article with others lets the project Editor know that this is an important story.

Please also visit our SPECIAL EVENTS PAGE to consider a new Corporal Work of Mercy from Beyond These Stone Walls for a cause that is dear to my heart. I will be back here next week!

“Stay sober and alert for your opponent the devil is prowling like a roaring lion looking for someone to devour. Resist him steadfast in your faith for you know that your brethren throughout the world are undergoing the same trials.”

— 1 Peter 5:8-9

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