“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
Pop Stars and Priests: Michael Jackson and the Credible Standard
The late Michael Jackson settled one abuse claim for $20 million but supporters maintain his innocence. A Catholic priest is ruined for life just for being accused.
The late Michael Jackson settled one abuse claim for $20 million but supporters maintain his innocence. A Catholic priest is ruined for life just for being accused.
April 24, 2024 by Fr Gordon MacRae
Daniel Kahneman died last month on March 27, 2024. Just as Beyond These Stone Walls was beginning, I was asked by Catholic League President Bill Donohue, to write an article for the Catholic League Journal, Catalyst. Published in July 2009, my article was “Due Process for Accused Priests.” It began with a revelation about the work of Daniel Kahneman, a noted psychologist who was awarded the Nobel Prize in Economics for his work in a phenomenon known as “availability bias.”
As a result of availability bias, humans tend to replace their beliefs with the crowd’s beliefs simply because a proposition has been repeated in the media and presented as widely believed. We are subjected to subtle cues of social pressure every day in marketing that convince many people to purchase things they don’t really need. We also face subtle cues and social pressure in the daily bombardment of news stories that cause many people to believe something based solely on its prevalence in the media. It is indeed possible that Michael Jackson and many Catholic priests became the subjects of classic, media-fueled availability bias.
In his 2011 bookThinking, Fast and Slow Daniel Kahneman laid out the foundations of what a stream of availability bias might look like:
“An availability cascade is a self-sustaining chain of events, which may lead up to public panic and large-scale government action. On some occasions, a media story about a risk catches the attention of a segment of the public, which becomes aroused and worried. This emotional reaction becomes a story in itself, prompting additional coverage in the media, which in turn produces greater concern and involvement. The cycle is sometimes sped along deliberately by ‘availability entrepreneurs,’ individuals or organizations who seek to ensure a continuous flow of worrying news. The danger is increasingly exaggerated as the media compete for attention-grabbing headlines. Anyone who claims that the danger is overstated is suspected of association with a ‘heinous cover-up’”
— Kahneman, Thinking, Fast and Slow, p.142
Does this not sound like exactly what has taken place in the early days of the priesthood crisis? In that arena, the “availability entrepreneurs” were composed largely of contingency lawyers and groups like SNAP, which I once exposed in “David Clohessy Resigned SNAP in Alleged Kickback Scheme.”
One of the conclusions of “availability bias” widely touted in the media is that statutes of limitation for lawsuits should be extended or discarded because it takes victims of sexual abuse many years or decades to come forward. The prison system in which I have spent the last 30 years houses nearly 3,000 prisoners. Estimates of those convicted of sexual offenses account for about 40 percent of them. This translates into a population of approximately 1,200 offenders in this one prison who stand convicted of sexual crimes, most true but some not. In addition to these 1,200 men, thousands more are currently on parole in New Hampshire as “registered” sexual offenders.
Only one among these thousands is a convicted Catholic priest, and if you have been paying attention at all, then you know that his conviction has been widely called into serious doubt. The thousands of other men convicted of sexual abuse are accused parents, grandparents, step-parents, foster parents, uncles, teachers, ministers, scout leaders, and so on, and for them the typical time lapse between abuse and the victim reporting it has been measured in weeks or months, not years — and certainly not decades.
My own diocese, the Diocese of Manchester, New Hampshire, in just the last month has provided a six-figure settlement to the accuser of a long deceased priest accused in a claim from 52 years ago. Even the lawyer involved admitted in a press report that “No lawsuit was filed because the alleged abuse happened outside the statute of limitations, but … it is important for survivors to come forward as part of the healing process,” which in this case involves a whole lot of money, forty percent of which goes to that attorney. In their own statement, Church officials said, “The Diocese of Manchester provides financial assistance to those who have been harmed, regardless of when the abuse occurred.” I live in a place with men some of whom have taken lives for far less money than that provided by my diocese to those who falsely took my reputation and freedom.
A simultaneous press release came under the title “Diocese of Manchester Adds to List of Clergy Accused of Sexual Abuse of a Minor.” Accuracy in language is important here. The press release continued, “The Diocese of Manchester added three priests to its list of clergy accused of sexual abuse.” Note that the usual term “credibly accused” is missing from these reports. Even that weakest of standards seems to have been discarded in favor of discarding priests who are merely “accused.” Ryan A. MacDonald wrote of the risks that such published lists pose to priests. His eye-opening article was, “In the Diocese of Manchester, Transparency and a Hit List.”
Pop Stars and Priests
I kicked a hornets’ nest some years ago when I wrote an article in response to a quote from actress Marlo Thomas who suggested in some published forum that the best American role model for middle school age boys might be singer Michael Jackson. I scoffed in my own response why the suggestion was ridiculous for many reasons, not least being the taint of sexual abuse claims against him.
Despite being acquitted in a criminal trial, Michael Jackson settled a single claim of sexual abuse for a reported $20 million, and untold millions settled other claims against him. When Michael Jackson died, he was celebrated as a cultural icon of the entertainment industry. In contrast, an American bishop, under pressure from a victims’ group, reportedly ordered the remains of a posthumously accused priest exhumed from a diocesan cemetery and reinterred elsewhere.
My point was not that I thought Michael Jackson was guilty. It was that for many fans the claims and sett1ements did not destroy his name. He was acquitted at trial, so if there was any evidence at all a jury did not find it persuasive. Some people conclude that, despite acquittal in a criminal trial, Michael Jackson’s multi-million dollar settlement of civil lawsuits was itself evidence of guilt. I’ll get back to that point.
Catherine Coy, a fan and advocate of Michael Jackson, sent a shot across my bow back then for suggesting any connection between settlements and credible accusations. I knew I was in for it when Ms. Coy began her message with “You, of all people …!” Actually, when Catherine Coy and I listened to each other, we came to a sort of detente if not agreement. In a 2005 article, “Sex Abuse and Signs of Fraud” (Catalyst, Nov. 2005), I detailed the relationship between mediated settlements and claims against Catholic priests. Did Michael Jackson become vulnerable to the same media-generated shroud under which claims against priests were seen as “credible?”
Catherine Coy insisted that in spite of monetary settlements, Jackson had never had a “credible” claim of sexual abuse lodged against him. That statement might evoke a dismissive “Yeah, right!” in some corners, but not in mine.
Why did so many people presume the worst of Mr. Jackson? It certainly wasn’t evidence. It is more of a spontaneous response, and one that is very similar to what happens when priests are accused and maintain their innocence. This is the point predicted by Nobel laureate Daniel Kahneman. The mere news media repetition of sordid stories about Michael Jackson and Catholic priests took on such prevalence in the news media that they became an unconscious bias against both. When the Catholic bishops of the United States refer to a 20-, or 30- or 40-year-old claim against a priest as “credible” they mean only that they have determined that both the priest and the accuser lived in the same community in the time period alleged.
Michael and I in The Wall Street Journal
Catherine Coy was right. I, of all people, should have seen the analogy instantly. Ms. Coy wrote “There isn’t a person alive who could have withstood the onslaught of lies, innuendo and slander that was heaped on Jackson for well over 20 years.” On that score, I beg to differ, but I see her point.
The very association of Michael Jackson’s name with the bizarre proclivity attributed to him may in fact be the result of media-fueled availability bias and not evidence. There is no doubt in my mind that I and many other priests have faced this same phenomenon. With no personal experience of the behaviors attributed to some accused priests, many Catholics simply adopted the point of view given them by the news media.
This does not mean that all the claims of sexual abuse by priests are false. The U.S. Bishops commissioned a formal study of the matter conducted by the John Jay College of Criminal Justice. There were really two waves in the scandal. The first was the revelations that priests were accused at the time alleged abuse happened in the 1960’s to the 1980’s, and then were quietly moved around to other parishes to avoid a public scandal. This was scandalous enough, and tragic.
The John Jay Report also revealed that a full seventy percent of the claims faced by bishops and dioceses in 2002 and following also alleged claims from the 1960’s to 1980’s, but those claims were not brought forward until 2002 when it became clear that Church institutions would settle because of the bludgeoning they took in the media. Those claims were propelled by the widely held belief that it takes victims decades to realize they were abused and report it. Lots of people now believe that, and entire states have passed legislation to accommodate that belief. However, as demonstrated in “Due Process for Accused Priests,” the “delayed reporting” principle is classic availability bias.
In June, 2005, just three months after Dorothy Rabinowitz published an explosive two-part analysis of the case against me in The Wall Street Journal, Deputy Editorial Page Editor, Daniel Henninger wrote a most interesting commentary as Michael Jackson’s criminal trial got underway (“Pushing the Envelope – Michael Jackson: A Freaky Culture’s Peter Pan,” June 3, 2005).
It was Daniel Henninger who first put into print what I hoped someone out there might grasp:
“[Prosecutor] Tom Sneddon may lose this case. If so, it will be because Mr. Jackson, like Kobe Bryant [and O.J. Simpson], was able to mount a defense equal to the accusatory powers of the state. Not everyone can do that. If Michael walks, I’ll wonder if any of the many convicted Catholic priests similarly charged were in fact innocent but found guilty because they couldn’t push back against the state’s relentless steamroller.”
I do not at all begrudge Michael Jackson’s having had the means to mount a defense equal to the state’s prosecution of him. Whatever he spent defending himself, it was less than the state spent trying to put him in prison. At the same time, I thought Daniel Henninger’s comment about convicted priests was just and fair, but he missed an important point. I no longer have the letter, but I wrote to Mr. Henninger shortly after his 2005 editorial. This is the gist of what I wrote:
“As a priest without the means to push back in equal measure to Michael Jackson, I must point out some factors you overlooked:
“Imagine how steeply uphill Michael Jackson’s battle would have been if twenty years passed between the alleged crime and the state’s prosecutorial steamroller rumbling into action for a trial. Imagine the state having to prove nothing while Michael Jackson’s defense tried in vain to prove that something alleged to have happened two decades earlier never happened at all.
“Then imagine Michael Jackson struggling to proclaim his innocence while the institution he served denounced him and his attempts to defend himself, seeking only the path of least resistance to settle with his accusers and rid themselves of liability at the expense of due process.
“Imagine all of this, and you will have captured the scene faced by most similarly accused Catholic priests.”
The Wall Street Journal
The aftermath of those articles in April, 2005 was most interesting. The accusers in the case against me — anxious to talk to the news media before receiving settlements — suddenly had nothing to say. one of my prosecutors had nothing to say. The other took his own life. The judge was quoted in a local news article saying, vaguely, “Review is a positive thing.” Then he took early retirement from the bench. The police detective who choreographed the case, reportedly offering bribes to potential accusers, had nothing to say and has since been exposed on a previously secret list of ethically challenged police.
After those WSJ articles about me, I expected an onslaught of defensive rhetoric from victims’ groups, prosecutors, and contingency lawyers, but it never came. The sole protest came from the most unexpected source. Father Edward Arsenault, my Bishop’s delegate and the man most involved in settlement negotiations in these cases, declared that I was found guilty in a court of law by a jury of my peers, and nothing else needed to be said. Father Arsenault denounced The Wall Street Journal and its writer as biased. Incredible!
A few years later, Msgr. Edward Arsenault was convicted of multiple counts of embezzlement, including charges of forgery and fraud, and sentenced to prison. He was subsequently dismissed from the clerical state by Pope Francis but now inexplicably has a new life and a new name: Edward J. Bolognini.
In 2005 just as the Catholic scandal was building up steam to rumble full speed ahead for a national contingency lawyer windfall, I did not expect that the world’s largest secular newspaper would publish so openly against the tide — or tidal wave — of typical media coverage of claims against priests while most in the Catholic media remained silent. With the exception of Father Richard John Neuhaus in First Things and The Catholic League in Catalyst, and the Catholic World Report, the Catholic media — on both the left and the right — continued to remain silent about false claims against priests brought for money, or, worse, they have used the clergy scandal for some agenda of their own.
And of Michael Jackson, writing in The Nation, (“The Love We Lost”), JoAnn Wypijewski wrote that
“Ordinary rules of judgment have been suspended” in this sound-bite culture of news that shapes most peoples’ views on sex and the accused:
“[I]t cannot matter that Michael Jackson was acquitted of child molestation, since he was frequently remembered in death as a pedophile… just as it cannot matter whether others who plead guilty to a sex charge really did it, or whether evidence to convict was nonsense, or whether the guilty served their time. They can never ‘pay their debt to society.’ Guilt is the presumption, forever.”
JoAnn Wypijewski went on to describe the case of the priest convicted in a trial in which the sole “credible” evidence presented to the jury was the mere fact that he is a priest — that, and a claim of repressed and recovered memory, the legitimacy of which is always questioned when the accused is not a priest. In an all-too familiar twist, that priest’s bishop added his own sound bite by administratively dismissing the priest from the priesthood just before the sham of a trial.
JoAnn Wypijewski also bravely wrote about me just as the fiasco film, “Spotlight” was receiving its Academy Award for Public Service. Her ground-shaking article was “Oscar Hangover Special: Why "Spotlight" Is a Terrible Film.”
After what has now exceeded $4 billion in total mediated settlements nationwide, the matter of false claims is the elephant in the sacristy that no one wants to talk about. At the same time, our beleaguered Catholic bishops present case after case as “credible” despite knowing exactly what that term means and does not mean.
The “credible” standard Catherine Coy applied to Michael Jackson is admirable and hopeful. Ms. Coy’s fair-minded attitude about Michael Jackson is the polar opposite of what is now applied to Catholic priests.
There is no mechanism whatsoever beyond preserved DNA or an admission of guilt that would serve as evidence that a priest accused from decades ago is guilty. There is no investigation technique that could determine the credibility of such claims. What makes most claims against priests “credible” is the fact that someone — not them — has paid money to an accuser. Nothing else. Catholics should take note of the efforts by Michael Jackson fans to revisit credibility despite financial settlements which, in the secular world, are merely designed to make the claim go away with no statement of culpability.
For my part, I can only remember the famous scene early in Michael’s trial during which he danced on the hood of an SUV outside the court to the wild cheers of fans. Michael sure was a strange guy, but the dance gave me pause. Having been through such a trial, I know its oppression. That dance was surely the act of a delusional man …
… or perhaps an innocent one.
Note from Fr Gordon MacRae: Thank you for reading and sharing this post. Your comments are most welcome, but they are moderated, so they may not appear instantly. You may also like these related posts from Beyond These Stone Walls.
Due Process for Accused Priests, Catalyst, July 2009
In the Diocese of Manchester, Transparency and a Hit List
The Eucharistic Adoration Chapel established by Saint Maximilian Kolbe was inaugurated at the outbreak of World War II. It was restored as a Chapel of Adoration in September, 2018, the commemoration of the date that the war began. It is now part of the World Center of Prayer for Peace. The live internet feed of the Adoration Chapel at Niepokalanow — sponsored by EWTN — was established just a few weeks before we discovered it and began to include in at Beyond These Stone Walls. Click “Watch on YouTube” in the lower left corner to see how many people around the world are present there with you. The number appears below the symbol for EWTN.
Click or tap here to proceed to the Adoration Chapel.
The following is a translation from the Polish in the image above: “Eighth Star in the Crown of Mary Queen of Peace” “Chapel of Perpetual Adoration of the Blessed Sacrament at Niepokalanow. World Center of Prayer for Peace.” “On September 1, 2018, the World Center of Prayer for Peace in Niepokalanow was opened. It would be difficult to find a more expressive reference to the need for constant prayer for peace than the anniversary of the outbreak of World War II.”
For the Catholic theology behind this image, visit my post, “The Ark of the Covenant and the Mother of God.”
The Exile of Father Dominic Menna and Transparency at The Boston Globe
As Father Dominic Menna, a senior priest at Saint Mary’s in Quincy, MA, was sent into exile, The Boston Globe’s role in the story of Catholic Scandal grew more transparent.
“I’m a true Catholic, and I think what these priests are doing is disgusting!” One day a few weeks ago, that piece of wisdom repeated every thirty minutes or so on New England Cable News, an around-the-clock news channel broadcast from Boston. I wonder how many people the reporter approached in front of Saint Mary’s Church in Quincy, Massachusetts before someone provided just the right sound bite to lead the rabid spectacle that keeps 24-hour news channels afloat.
The priest this hapless “true Catholic” deemed so disgusting is Father F. Dominic Menna, an exemplary priest who has been devoting his senior years in service to the people of God at Saint Mary’s. At the age of 80, Father Menna has been accused of sexual abuse of a minor.
There is indeed something disgusting in this account, but it likely is not Father Menna himself. He has never been accused before. Some of the news stories have not even bothered to mention that the claim just surfacing now for the first time is alleged to have occurred in 1959. No, I did not transpose any numbers. The sole accusation that just destroyed this 80-year-old priest’s good name is that he abused someone fifty-one years ago when he was 29 years old.
Kelly Lynch, a spokesperson for the Archdiocese of Boston, announced that Father Menna was placed on administrative leave, barred from offering the Sacraments, and ordered to pack up and leave the rectory where he had been spending his senior years in the company of other priests. These steps, we are told, are designed to protect children lest this 80-year-old priest — if indeed guilty — suddenly decides to repeat his misconduct every half century or so.
Ms. Lynch declined to reveal any further details citing, “the privacy of those involved.” That assurance of privacy is for everyone except Father Menna, of course, whose now tainted name was blasted throughout the New England news media last month. Among the details Kelly Lynch declines to reveal is the amount of any settlement demand for the claim.
Some of the fair-minded people who see through stories like this one often compare them with the 1692 Salem witch trials which took place just across Massachusetts Bay from Father Menna’s Quincy parish. The comparison falls short, however. No one in 1692 Salem ever had to defend against a claim of having bewitched a child fifty-one years earlier.
Archdiocesan spokesperson Kelly Lynch cited “the integrity of the investigation” as a reason not to comment further to The Boston Globe. Does some magical means exist in Boston to fairly and definitively investigate a fifty-one year old claim of child abuse? Is there truly some means by which the Archdiocese could deem such a claim credible or not?
Ms. Lynch should have chosen a word other than “integrity” to describe the “investigation” of Father Menna. Integrity is the one thing no one will find anywhere in this account — except perhaps in Father Menna himself if, by some special grace, he has not utterly lost all trust in the people of God he has served for over fifty years.
Transparency at The Boston Globe
The June 3rd edition of The Boston Globe buried a story on page A12 about the results of an eight-year investigation into the Archdiocese of Los Angeles. Eight years ago, it was front page news all over the U.S. that the Los Angeles Archdiocese was being investigated for a conspiracy to cover-up sexual abuse claims against priests.
After eight years of investigation at taxpayer expense, California prosecutors reluctantly announced last month that they have found insufficient evidence to support the charges. That news story was so obviously buried in the back pages of The Boston Globe that the agenda could not be more transparent. The story of sexual abuse in the Catholic Church is front page news only when it accommodates the newspaper’s editorial bias. That much, at least, is clear.
But all transparency ends right there. The Globe article attributed the lack of evidence of a conspiracy by Catholic bishops to the investigation being “stymied by reluctant victims.” Now, that’s an interesting piece of news!
The obvious question it raises is whether these claimants were reluctant to speak BEFORE obtaining financial settlements in their claims against the Archdiocese. If they are reluctant witnesses now, then, at best, it may be because the true goal of some has long since been realized and there is nothing in it for them to keep talking. At worst, the silence of claimants in the conspiracy investigation could be interpreted as an effort to fend off pointed questions about their claims. Perhaps prosecutors were investigating the wrong people.
I have seen this sort of thing play out before. Last year, a New Hampshire contingency lawyer brought forward his fifth round of mediated settlement demands against the Diocese of Manchester. During that lawyer’s first round of mediated settlements in 2002 — in which 28 priests of the Diocese of Manchester were accused in claims dating from the 1950s to the 1980s — the news media announced a $5.5 million settlement. The claimants’ lawyer was astonished that $5.5 million was handed over with no real effort at proof or corroboration sought by Diocesan representatives before they paid up and deemed the claims “credible.” The lawyer was quoted in the news media:
“During settlement negotiations, diocesan officials did not press for details such as dates and allegations for every claim. I’ve never seen anything like it.”
“He and his clients did not encounter resistance from the Diocese of Manchester in their six months of negotiations. Some victims made claims in the last month, and because of the timing of negotiations, gained closure in just a matter of days.”
That lawyer’s contingency fee for the first of many rounds of mediated settlements was estimated to be in excess of $1.8 million. When the mediation concluded, the news media reported that at the attorney’s and his clients’ request, the diocese agreed not to disclose the claimants’ names or any details of their claims or the amounts they received in settlement. “No confidentiality was sought by the Diocese,” the lawyer declared.
In contrast, the names of the accused priests — many of whom were deceased and none of whom faced criminal charges — were repeatedly released and publicized throughout the news media. This process served one purpose: to invite new claimants against those same priests with assurances that their names would remain private and no real corroborating details would ever be elicited. It was clear that non-disclosure clauses were demanded by the contingency lawyer and his clients, though the diocese and its lawyers were eager to oblige as part of the settlement.
It is fascinating that the news media now blames “reluctant victims” for stifling an investigation into cover-ups in the Catholic Church. That is a scandal worthy of the front page, but we won’t ever see it there. If the news media now has concerns about the very people whose cause it championed in 2002, we won’t be reading about it in the news media. Transparency in the news media, after all, is a murky affair.
Transparency and the U.S. Bishops
Writer Ryan A. MacDonald has a number of contributions published on These Stone Walls. His most recent is, “Should the Case Against Father Gordon MacRae Be Reviewed?” I am told that Mr. MacDonald has an essay published in the June/July, 2010 issue of Homiletic & Pastoral Review entitled, ”Anti-Catholicism and Sex Abuse.” In the essay, the writer also recommends These Stone Walls to H&PR readers. Though I subscribe to the well respected H&PR, I have not at this writing seen the current issue.
Ryan MacDonald also has a letter published in a recent issue of Our Sunday Visitor (“Raising the Alarm,” June 13, 2010). Ryan makes a point very similar to one I made last month in “As the Year of the Priest Ends, Are Civil Liberties for Priests Intact?” Here is an excerpt from Ryan’s OSV letter:
“A number of courageous bishops have argued in opposition to retroactive application of revised civil statutes of limitations. Such revised statutes typically expose the Catholic Church to special liability while exempting public institutions.
“But I must raise the alarm here. As a body, American bishops lobbied the Holy See for retroactive extension of the time limits of prescription, the period of time in which a delict (a crime) exists and can be prosecuted under Church law …
“… Many accused priests now face the possibility of forced laicization with no opportunity for defense or appeal because our bishops have embraced routine dispensation from the Church’s own statute of limitations. The bishops cannot argue this point from two directions. Some have defended this duplicity citing that the delicts involve criminal and not civil matters. This is so, but these men are also American citizens, and the U.S. Constitution prohibits retroactive application of criminal laws as unconstitutional.
“Statutes of limitations exist in legal systems to promote justice, not hinder it. Our bishops cannot have it both ways on this issue.”
Ryan MacDonald made this point far better than I ever could. The issue for me is not just the obvious double standard applied when the spirit of Church law is set aside. The issue is one of fundamental justice and fairness, and what Cardinal Dulles called “The great scandal of the Church’s failure to support Her priests in their time of need.” Pope John Paul II said that the Church must be a mirror of justice. Let’s hope our bishops can respond to the public scandal of sexual abuse without perpetrating a private scandal of their own.
There are people in groups like S.N.A.P. and Voice of the Faithful who clamor for the Church to ignore the rights of priests in favor of an open embrace of “survivors.” It is always easy to deny someone else’s rights and restrict someone else’s civil liberties, and that, historically, is how witch hunts begin.
