“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
#MeToo and #HimToo: Jonathan Grover and Father Gordon MacRae
Jonathan Edward Grover died in Scottsdale Arizona just before his 49th birthday. His role in the case against Father Gordon MacRae leaves many unanswered questions.
Editor’s Note: The following is a guest post by independent writer Ryan A. MacDonald whose previous articles include “The Post-Trial Extortion of Father Gordon MacRae” and “A Grievous Error in Judge Joseph Laplante’s Court.”
When I read Father Gordon MacRae’s Holy Week post on These Stone Walls this year, I was struck by a revelation that he offered Mass in his prison cell for the soul of a man who helped put him there by falsely accusing him. I do not know that I could have done the same in his shoes, and even if I could, I am not so certain that I would. His post took a high road that most only strive for.
The unnamed subject of that post about Judas Iscariot was Jonathan Edward Grover who died in Arizona in February two weeks before his 49th birthday. An obituary indicated that he died “peacefully,” and cited ‘a “long career in the financial industry.” Police determined the cause of death to be an accidental overdose of self-injected opiates weeks after leaving rehab. In Arizona, he had charges for theft, criminal trespass, and multiple arrests for driving under the influence of drugs. A police report described him as “homeless.”
In the early 1990s, Jonathan Grover was one of Father MacRae’s accusers. MacRae first learned of Mr. Grover’s death from a letter written by a woman who had been a young adult friend of Grover at the time of MacRae’s trial in 1994. She wrote that she is now a social worker with “expertise in PTSD” (Post Traumatic Stress Disorder). The letter accused MacRae of having “murdered” 48-year-old Grover. This requires a rational and factual response.
Of interest, Mr. Grover’s obituary – despite his being 48 years old at the time of death – featured his 1987 Keene High School (NH) graduation photograph when Grover was 18 years old. I had seen this photo before. It was among the discovery materials in MacRae’s defense files in preparation for his 1994 trial. The photograph raised the first of many doubts about Grover’s claims.
At age 18 in 1987, Grover gave Father Gordon MacRae, his parish priest and friend at the time, a nicely framed copy of that photo with a letter written on the back. It thanked MacRae for his “friendship and support,” and “for always being there for me.” It was a typically touching letter from a young man to someone he obviously admired. It was written before addiction and the inevitable justification of enablers took hold in his life.
Five years later, apparently forgetting that he ever wrote that letter, Jonathan Grover became the first of four adult brothers to accuse MacRae of a series of sexual assaults alleged to have occurred more than a decade earlier. So what happened between writing that letter in 1987 and accusing MacRae five years later in 1992? It is one of the burning questions left behind in this story.
The framed high school photograph and its accompanying letter never found their way into MacRae’s 1994 trial, or into the public record, because the trial dealt only with the claims of Jonathan’s brother, Thomas Grover. Jonathan was the first to accuse MacRae, but a trial on his claims was deferred. His story had many holes that did not reconcile with the facts. Investigators have since uncovered a different story from the one Grover and his brothers first told.
Bombshells and Black Ops
The two common denominators in the case against Father Gordon MacRae were expectations of money and James F. McLaughlin. In the 1980s, the city of Keene, New Hampshire, with a population then of about 26,000, employed a full-time sex crimes detective on its small police force. In 1988, McLaughlin launched investigations of at least three, and possibly more, Catholic priests in the area including Father Gordon MacRae.
His targeting of MacRae seems to have begun with a bizarre and explosive letter. In September 1988, Detective McLaughlin received a letter from Sylvia Gale, a social worker with the Division of Children, Youth and Families, the New Hampshire agency tasked with investigating child abuse. Ms. Gale’s letter to McLaughlin revealed that she had uncovered information about “a man in your area, a Catholic priest named Gordon MacRae.”
The letter described explosive information from an unnamed employee of Catholic Social Services in the Diocese of Manchester, who developed a slanderous tale that MacRae had been “a priest in Florida where he molested two boys, one of whom was murdered and his body mutilated.” The letter went on to claim that the case was still unsolved, and that MacRae was removed from Florida by Catholic Church officials to avoid that investigation.
The libelous letter also named a Church official, Monsignor John Quinn, as the source of this information reportedly told to an unnamed Church employee on the condition that she would be fired if she ever divulged it. The 1988 letter generated a secret 70-page report developed by Detective James McLaughlin. He launched a dogged pursuit of MacRae who was unaware at the time that any of this was going on.
This all began to unfold one year after Jonathan Grover graduated from Keene High School and presented Father MacRae with that framed photograph and letter of thanks. Armed with Sylvia Gale’s letter, Detective McLaughlin proceeded to question 26 Keene area adolescents and their parents who had known MacRae including members of the Grover family.
Up to that point, not one person had ever actually contacted McLaughlin with a complaint against MacRae, but rather it was McLaughlin who initiated these contacts. As reported below, some of them today claim to have been solicited by McLaughlin to accuse MacRae, some with the enticement of money.
I had to read up to page 54 of McLaughlin’s 1988 report before I came across any effort to corroborate the Florida “murder and mutilation” story with Florida law enforcement officials. By the time he learned that MacRae had never served as a priest in Florida and that no such crime had been committed there, the damage to MacRae’s reputation was already done, and the seeds were sown for the Grover brothers to ponder claims yet to come.
Among those approached by McLaughlin armed with Sylvia Gale’s slanderous letter was Mrs. Patricia Grover, Jonathan’s mother. A parishioner of Saint Bernard Parish in Keene where MacRae had served from 1983 to 1987, Mrs. Grover was also a DCYF social worker and an acquaintance of Sylvia Gale. She had previously worked with McLaughlin in the handling of other cases.
Mrs. Grover also knew Father MacRae. According to McLaughlin’s 1988 report, she was alarmed by the Sylvia Gale letter but doubted that MacRae had ever served as a priest in Florida. She nonetheless vowed to talk with her young adult sons about their relationship with MacRae. Four more years passed before the first of them, Jonathan Grover, accused him.
The “fake news” in the 1988 Sylvia Gale letter set this community abuzz with anxiety and gossip about the potentially lecherous and murderous priest in its midst. Later, Monsignor John Quinn and other Diocese of Manchester officials denied having any involvement in the untrue information about MacRae. They also denied that there was ever any priest who relocated from Florida to New Hampshire under the circumstances described.
Four years later in late 1992, Jonathan Grover became the first of four members of the Grover family to accuse Father Gordon MacRae of sexual abuse dating back to approximately the early 1980s. I use the word “approximately” because Grover and his brothers each presented highly conflicting and multiple versions of their stories and the relevant time frames.
As becomes clear below, Jonathan Grover’s claims became problematic for the prosecution of MacRae, but instead of questioning Grover’s veracity, the police detective engaged a contingency lawyer on Grover’s behalf. In a September 30, 1992 letter from McLaughlin to Jonathan Grover, the detective detailed his conversations with Keene attorney William Cleary who ultimately obtained a nearly $200,000 settlement for Grover from the Diocese of Manchester. From McLaughlin’s letter to Grover:
“As agreed, I contacted William Cleary about your case. Bill believes the statute of limitations has lapsed for a civil action, but this does not rule out the church being financially responsible Bill [Cleary] states he would like to meet with you for a conference. You would not be charged for this. Your options could then be outlined and discussed.”
There is reason to question Detective McLaughlin’s police reports in this case. In most of McLaughlin’s prior cases, he practiced a protocol of audio recording every interview with complainants. In many of his other reports that I have read, he made a point of explaining that he records interviews to protect the integrity of the investigation.
Two years prior to the Grover claims, for example, McLaughlin investigated a complaint against another former Keene area priest, Father Stephen Scruton. From the outset, his reports took pains to document his practice of securing both video and audio recordings of his interviews. He even administered a polygraph test on the accuser. All were standard protocol, but McLaughlin did not create a single recording of any type with any accuser in the case of Father Gordon MacRae. This is suspect, at best, and it has never been explained.
It is made more suspicious by the emergence of other information that has been developed by former FBI Special Agent Supervisor James Abbott who spent three years investigating the MacRae case. One of MacRae’s accusers, a high school classmate of Jonathan Grover, recanted his story when questioned by Mr. Abbott in 2008. An excerpt of Steven Wollschlager’s statement may shed light on why Detective McLaughlin chose not to record these interviews.
“In 1994 I was contacted by Keene Police Detective McLaughlin… I was aware at the time of Father MacRae’s trial knowing full well that it was bogus and having heard of the lawsuits and money involved and also the reputations of those who were making accusations… The lawsuits and money were of greatest discussion, and I was left feeling that if I would go along with the story I could reap the rewards as well. McLaughlin had me believing that all I had to do was make up a story about this priest and I could receive a large sum of money as others already had.
McLaughlin reminded me of the young child and girlfriend I had and referenced that life could go easier for us with a large amount of money… I was at the time using drugs and would have been influenced to say anything they wanted for money.”
In “The Trials of Father MacRae,” a 2013 article by Dorothy Rabinowitz in The Wall Street Journal, Detective McLaughlin described the above account simply as “a fabrication.” What struck me about Mr. Wollschlager’s statement, besides the fact that he had nothing whatsoever to gain by lying, is that he never went to Detective McLaughlin with an accusation. Instead, he alleges that it was McLaughlin who approached him, and the approach alleges the enticement of money.
Steven Wollschlager was not the first person to report such an overture. Given the nature of his account and others, it is unclear today whether Jonathan Grover and his brothers initiated their first contacts with this detective. This suspicion was a contentious issue in MacRae’s 1994 trial. Thomas Grover, the brother of Jonathan Grover, was asked under oath to reveal to whom he went first with his claims, the police or a personal injury lawyer, but he refused to answer. To this very day, that question has never been answered.
What became clear, however, is hard evidence that placed Detective James McLaughlin investigating at least some of this case, not from his office in the Keene Police Department, but from the Concord, NH office of Thomas Grover’s contingency lawyer, Robert Upton, before MacRae was even charged in the case.
A Conspiracy of Fraud
In a report labeled Case No. 93010850, Detective McLaughlin produced the first of several conflicting accounts of untaped interviews with Jonathan Grover. Note that the first two digits of McLaughlin’s report, “93,” seem to indicate the year it was typed, but the date on the report is August 27, 1992. The content of this report is sexually explicit so I will paraphrase. The report has Grover claiming that when he was 12 or 13 years old he “would spend nights in the St. Bernard rectory in Keene.” During those nights, he alleged, he was sexually assaulted by both Father Gordon MacRae and Father Stephen Scruton.
But there was an immediate problem. MacRae was never at St. Bernard’s Parish in Keene until being assigned there on June 15, 1983, when Grover was 14 years old. Father Stephen Scruton was never there before June of 1985 when Grover was 16 years old. These dates were easily determined from diocesan files, but McLaughlin never investigated this. The report continued with claims alleged to have taken place in the Keene YMCA hot tub:
“It was during these times that Grover would be seated in the whirlpool and both Father MacRae and Father Scruton would be joined in conversation and they would alternate in rubbing their foot against his genitals. Grover was unsure if the priests were acting in concert or if they were unaware of each other’s actions.”
This report is highly suspicious. Just months earlier, Detective McLaughlin had previously investigated Father Stephen Scruton for an identical claim brought by another person alleged to have occurred in 1985 after Scruton’s arrival at this parish. “Todd,” the person who brought that claim against Scruton, was also a high school classmate of Jonathan Grover.
After McLaughlin’s investigation, “Todd” obtained an undisclosed sum of money in settlement from the Diocese of Manchester. That interview with “Todd” was labeled Case No. 90035705 dated just 18 months before Jonathan Grover’s identical claims emerged. Unlike the Grover interviews, the interview with Todd was tape recorded by McLaughlin. Here is an excerpt from the report:
“Father Scruton was a regular at the YMCA. Todd went to the YMCA with Father Scruton. They decided to use the hot tub… At one point, Father Scruton took one of his feet and placed it between Todd’s legs and rubbed his genitals… The touching was intentional and not a mistake. A rubbing motion was used by Father Scruton… I asked Todd where he stood on civil lawsuits.”
It defies belief that a small town police detective could write a report about a Catholic priest (Scruton) fondling a teenager’s genitals in a YMCA hot tub, then 18 months later write virtually the same report with the same claims of doing the same things in the same place, only this time adding a second priest, but nothing in the second report seemed to even vaguely remind the detective of the first report.
After “Todd’s” YMCA hot tub complaint in 1990 — 18 months before Jon Grover’s own YMCA hot tub story — Father Stephen Scruton was charged by McLaughlin with misdemeanor sexual assault. He pled guilty and received a suspended sentence and probation. One year later, McLaughlin has someone else repeat the same story, only now involving both Scruton and MacRae, but two to four years before either of them was present in Keene.
What is most suspect about this claim of Jonathan Grover involving both priests is that in 1994, one year after writing the report, McLaughlin responded to a question under oath:
On occasion, I have had conversations with Reverend Stephen Scruton, however I have no recollection of ever discussing any actions of Gordon MacRae with the Reverend Scruton.
(Cited in USDC-NM 1504-JB)
But this all becomes more suspicious still. In the investigation file on these claims was found a transcript of a November 1988 Geraldo Rivera Show entitled “The Church’s Sexual Watergate.” It was faxed by the Geraldo Show in New York to Detective McLaughlin at the Keene Police Department two months after his 1988 receipt of the Sylvia Gale “Florida letter.” It was two years before “Todd’s” YMCA hot tub claim about Father Scruton and four years before Jonathan Grover’s claims. Here is an excerpt:
“Geraldo Rivera: What did the priest do to you Greg?
Greg Ridel: Around the age of 12 or so, he and I went to a YMCA. And I was an altar boy at the time. And the first time I was ever touched… he began stroking my penis in a hot tub, I believe it was, at a YMCA. From there it went to what you might call role playing in the rectory where the priests stay.”
Detective McLaughlin’s 1993 police report also had Jonathan Grover claiming that Father MacRae paid him money in the form of checks from his own and parish checking accounts in even amounts of $50 to $100 in order to maintain his silence about the abuse. McLaughlin never investigated this, but Father MacRae’s lawyer did investigate. Father MacRae’s personal checking account was researched from between 1979 to 1988. It revealed no checks issued to Jonathan or Thomas Grover.
However, the attorney uncovered several checks written from parish accounts to both Jonathan Grover and Thomas Grover. All were in even amounts between $40 and $100 and dated between 1985 and 1987 when these two brothers were 16 to 20 years of age respectively. The checks were filled out and signed by Rev. Stephen Scruton.
Days before Father Gordon MacRae’s 1994 trial commenced, his attorney sought Father Scruton for questioning. He declined to respond. When the lawyer sought a subpoena to force his deposition, Scruton fled the state. During trial, the jury heard none of this. Because the trial involved the shady claims of Thomas Grover alone, the defense could not introduce anything involving his brother, Jonathan.
In April, 2005, The Wall Street Journal published an extensive two-part investigation report of the Father MacRae case (“A Priest’s Story” Parts One and Two), but it omitted Father Stephen Scruton’s role in the story — perhaps because he could not be located. Diocese of Manchester officials reported for years that they had no awareness of Scruton’s whereabouts.
In November 2008, former FBI Special Agent Supervisor James Abbott was retained to investigate this case. He located Father Scruton at an address in Newburyport, Massachusetts just over the New Hampshire State Line. First reached by telephone, Scruton was reportedly agitated and nervous when he learned the reason for the call. The investigator heard a clear male voice in the background saying, “Steve if this is something that might help Gordon I think you should do it.” Scruton reluctantly agreed to meet.
The former FBI agent drove from his New York office to Newburyport, MA on the agreed-upon date and time, but Scruton refused to open the door. He said only that he had “consulted with someone” and now declines to answer any questions. The investigator then sent Scruton a summary of his involvement in this case and requested his cooperation by telling the simple truth.
Days after receiving it, Stephen Scruton suffered a mysterious fall down a flight of stairs and never regained consciousness. Father Stephen Scruton died a month later in January of 2009. He took the truth with him, and now Jonathan Grover has done the same. But facts speak a truth of their own. Readers can today form their own conclusions about this story.
I have formed mine, and I remain more than ever convinced that an innocent man is in prison in New Hampshire, a blight on the American justice system. Having thus far served 24 years of wrongful imprisonment for crimes that never took place, Father Gordon MacRae still prays for the dead.
“After three years of investigation of this case, I have found no evidence that Father MacRae committed these crimes, or any crimes.”
Editor’s Note: Please share this post which could be of great importance to Father MacRae for justice in both Church and State.
Ryan A. MacDonald has published extensively in both print and online media. Ryan’s articles include:
The Trial of Father MacRae: A Conspiracy of Fraud
How Psychotherapists Helped Send an Innocent Priest to Prison
In the Fr Gordon MacRae Case, Whack-a-Mole Justice Holds Court
Justice and a Priest’s Right of Defense in the Diocese of Manchester
A Criminal Defense Expert Unfurls Father MacRae Case
Criminal Defense Attorney, Vincent James Sanzone, explains why the case of Father Gordon MacRae has been no measure of justice for either Church or State.
Criminal Defense Attorney, Vincent James Sanzone, explains why the case of Father Gordon MacRae has been no measure of justice for either Church or State.
The unjust imprisonment and suffering of Catholic priests at the hands of communist, fascist and other evil despots has and will unfortunately never end. And let’s not forget that Jesus Christ himself told his apostles that the world will hate them as they hated him. Christ was falsely accused and condemned because one man, Pontius Pilate, like most of us, did not have the courage to stand up against the hysterical crowd which did not know, or want to know the truth. As our Lord taught, “The Son of Man came … not to be served but to serve and to give his life as a ransom for many.” (Mt 20:28)
When such persecutions occur there is little if anything that the Church can do. Could even our Holy Father, Pope Francis do anything to stop the daily killing of Christians throughout the world today?
Such unjust punishments are not limited to these regimes, and one such travesty of injustice which has been occurring for the last 30 years right here in the United States is the wrongful conviction and imprisonment of Father Gordon MacRae. In 1994 this young and dedicated priest was sentenced by a New Hampshire state judge to the draconian sentence of 33 ½ to 67 years, effectively a life sentence. Because Father MacRae refused to admit to a crime which he did not commit so as to take a plea offer before trial, nor will he do so now, he will not be paroled from prison, and is likely to die in jail.
Any reasonable person examining the trial with any degree of fairness can come to no other conclusion: the prosecution and continuing imprisonment of Father Gordon is not only a tragedy for this good and holy priest, for all clergy and the faithful, but is also a blight on our criminal justice system. The machine of the criminal justice system of the State of New Hampshire is not attempting to re-examine this case and rectify it.
It is without dispute that our society in general is quick to condemn someone accused of committing a crime, especially when there is an allegation of a sexual crime, and more so when the accuser claims involvement of a Catholic priest. Even one with the most conservative law enforcement mindset would deny that for the last 25 years the deck has been stacked against any priest charged with a sexual offense, and that it is almost impossible for a Catholic priest to be processed fairly by jury and judge.
At the time of Father Gordon’s prosecution there was a climate of media-fueled national hysteria regarding any allegation of sexual offenses on anyone under 18 years of age, whether true or false, especially if a Catholic priest was purportedly involved. Such a climate almost entirely preempted juries from fairly applying the reasonable doubt standard, as they were and are prone to believe any allegation of sexual misconduct no matter how bizarre. Many legal scholars have examined the hysteria of the 1980s and 1990s, and equate this period to the Salem witch trials of the seventeenth century. The prosecution of Father MacRae was also fueled by sensationalistic media hype with little concern for civil liberties and the presumption of innocence. As one court put it at that time:
“[A] series of highly questionable child sex abuse prosecutions … were fueled by a vast moral panic … a period in which allegations of outrageously bizarre and often ritualistic child abuse spread like wildfire across the country and garnered world-wide media attention.” “[T]remendous emotion [was] generated by the public” as a result of which “the criminal process often fail[ed]”
The genesis of the criminal prosecution of Father Gordon MacRae is no different than what is to be found in most other wrongful convictions. The convergence of factors in this case was a perfect storm for this wrongful conviction. In the wake of these factors, Father Gordon had zero chance of receiving a fair trial and being acquitted of the false charges at trial. As a practicing criminal defense attorney involved in many such cases over the last 25 years, any defendant charged with such a crime must actually attempt to prove his or her innocence. The jury has a sacred duty when charged with deliberating a criminal case: they are to respect that the defendant is innocent and has no burden to prove that innocence, with the burden of proving guilt beyond any reasonable doubt belonging to the prosecution. All of this is often ignored by juries.
In Father Gordon’s case, the evidence is overwhelming that false criminal allegations were brought by a manipulative man with a financial motive to lie. The accuser was trained and coached during the entire process by his attorney, who was seeking a large payout from the diocese of Manchester. The accuser had a long history of alcohol and drug abuse and involvement in the criminal justice system as well as a long history of opportunistic and manipulative lying. Years after the verdict, it was discovered that he bragged to friends and family members how he manipulated the justice system and the diocese. The entire prosecution of Father MacRae hinged upon the inconsistent, contradictory, and incredulous testimony of this one accuser. Father Gordon’s only “crime” had been to try to help this young man who had no family support and was heading down the path to destruction.
In the early 1990s it was common knowledge in New Hampshire that the Diocese of Manchester, as other dioceses in the United States, was paying huge sums of money to anyone claiming to have been abused by a priest. The Diocese was making these payments while conducting little or no investigation to determine the validity of the claims. It was a windfall for predatory personal injury attorneys making money off the backs of faithful parishioners, and a dream come true for scammers and fraudsters looking to cash in. Such was Thomas Grover, a foster child of the Grover family, which sought the help of Father Gordon to counsel and help Thomas. His foster parents struggled with their son’s alcohol and drug abuse, as well as with his mental health problems and frequent run-ins with the law. Years later, when Thomas Grover became aware of the large amounts of money that the Diocese was paying out to accusers, saw his opportunity to make a large amount of money. This was the way he “thanked” Father Gordon for all that he had done for him, weaving a string of lies impossible to refute.
There was not a single witness except Grover himself, which makes his story absurd, since he claimed that he was assaulted by Father Gordon in very public areas. Yet, Manchester Diocese paid him nearly $200,000.00.
Based on legal papers submitted in federal court, credible witnesses have now been located and have come forward, willing to testify that Grover admitted committing perjury at trial, and bragged about how he scammed the diocese and the justice system. Grover’s former wife, Trina Ghedoni, and stepson, Charles Glenn, have admitted that he was a “compulsive liar”, “manipulator”, “drama queen” and “hustler” who had a long history of lying to get what he wanted. When confronted with his lies, he “would lose his temper”, and would then admit himself into the psychiatric unit at Elliot Hospital. While seeking “help”, he would accuse others of molesting him. He accused another unnamed clergyman as well as his foster father and baby sitters when he was a child. In addition to his psychological state and alcohol and drug addition, he had an extensive criminal history prior to making his false allegations against Father Gordon. Grover was arrested and convicted for two burglaries, two forgeries, two thefts, theft by deception, assault on a police officer, and aggravated assault on his former wife when he broke her nose during one of many such beatings. His former wife considered him to be a sexual predator, and never left her two daughters from another relationship alone with him while they were living together, as he would eye and grope them.
In April of 2005, the lead detective James F. McLaughlin was confronted with these sobering facts about Grover in The Wall Street Journal articles by Dorothy Rabinowitz about the unjust conviction of Father Gordon. In response to his botched and incompetent investigation, McLaughlin made himself a self-appointed psychologist and responded remarkably by saying: “So we had all these elevated activities with our male victims, so in a sense, when you have a victim present that has this baggage, it’s corroborative of their victimization” (“Story of Jailed Priest Retold”, The Union Leader: Manchester NH, April 28, 2005).
At trial, Grover lied and told the jury that he needed money from his lawsuit with the Diocese for therapy because of the “abuse.” However, after his $200,000.00 payout, and after the trial was over, Grover did not attend one therapy session but took his former wife to Arizona, where he blew it all on alcohol, drugs, cars, pornography and gambling. In fact on that trip he lost about $70,000.00 on a Las Vegas gambling spree. In addition, he stiffed the casino another $50.000.00 on a credit line which he fraudulently applied for by providing false information about his job and income. A collection action initiated by the casino was unsuccessful. His wife finally left him in 1998 when the money was gone, and Grover was caught in bed with his biological sister.
Grover’s testimony at trial did not border on the absurd; it was absurd. His shifty testimony was fantastic, nonsensical and contradictory. When he was spoon-fed by the direct questioning of prosecutor Bruce Elliot Reynolds, he was able to recite his rehearsed testimony. However, on cross-examination it was far different. Every time he was trapped in a lie or inconsistent statement he fell back on his rehearsed line, saying that question “overloads my mind and… leaves me more or less in shock for days after…”
When Grover was confronted as to why he did not report the abuse for 10 years he claimed that he repressed the memory of the abuse, and it was “difficult to talk [about it] in front of people” until he spoke to his attorneys.
The fundamental question must be asked about our justice system; how could any reasonable jury, having the sworn duty to acquit Father Gordon unless the prosecution proves guilt beyond a reasonable doubt, find him guilty under this type of incredulous testimony? The State had the burden of proof. How could they have gotten it so wrong? Before a jury could find him guilty they would have to have found Grover’s testimony completely credible. Under our criminal justice system no competent and reasonable jury should have found this type of testimony sufficient to convict a Catholic priest who, previous to these series of false allegations, had never been convicted of anything.
Not unlike other unjust convictions, the law enforcement investigation of Father Gordon was both overzealous and intentionally unfair. The lead detective, James F. McLaughlin, was not interested in a fair and impartial investigation, but only in creating and spinning the facts to support his — and eventually the prosecution’s — theory of the case. McLaughlin also suppressed any facts which clearly pointed out that Father Gordon was innocent of the false allegations made by the accuser. McLaughlin engaged in investigating this matter in a way that was patently unfair and used his power as a law enforcement officer to suppress witnesses who were willing to testify for Father Gordon MacRae.
To make matters worse, Father Gordon’s bishop at the time of his trial did not support him, but in fact allowed his office to issue a press release prior to trial which literally condemned the accused priest. This misstatement by the bishop helped fuel media hysteria, and it unquestionably tainted the potential jury pool, insuring the prosecution of a conviction. The bishop did not stand up for one of his priests with courage, but rather retreated to bureaucratic-clericalism, more worried about pleasing his lawyers, insurance carrier and insulating the diocese from potential civil liability. This abandonment by the diocese has continued for 30 years. The bishop’s technique accomplished nothing because the diocese paid out monetary awards to any and all accusers. The greater cost, of course, was the loss of any trust of the priests of the diocese for the bishop and chancery. Not only was Father Gordon not able to count on his bishop for support, but the bishop negligently or intentionally acted in such a way as to let the public be given the message that Father Gordon was guilty. The bishop needs to answer questions about sacrificing priests on the altar of insurance considerations. To date it is conservatively estimated that the Church in the United States has paid over $4 billion in claims because of the sexual abuse scandal. How many of these claims were outright false can only be guessed. In any case, the bishop distanced himself from Father MacRae and left him on his own.
If the cards were not already stacked against Father Gordon, his defense attorney at trial was no help. Father Gordon was represented by Ron Koch, an attorney from New Mexico, who died in the year 2000 at the age of 49. Although this attorney did his best to defend Father Gordon, he nevertheless made critical trial errors which hurt the defense and opened the door for the prosecutor to introduce prejudicial evidence which the trial judge had already ruled was inadmissible and not relevant. Mr. Koch was forced to split his time between his active criminal practice in New Mexico and preparing for Father’s Gordon’s trial, which Mr. Koch was unable to do. Mr. Koch failed to conduct important pretrial discovery and inadequately prepared the case for trial. Father Gordon trial counsel was unprepared and out matched, and therefore constitutionally ineffective. Father Gordon’s constitutional rights to procedural due process and a fair trial were eviscerated. Mr. Koch failed to interview and subpoena critical witnesses for the defense, failed to go to the scene in which Grover alleged that he had been touched, and lastly, failed to preserve attorney-client privileged documents which Koch turned over to the prosecution.
Many people unfamiliar with the criminal justice system in the United States believe that the criminal justice system eventually corrects an unjust conviction. This sadly is the exception and not the rule. Under our judicial system the jury verdict is final, and most appeals, regardless as to the justice of the verdict are denied. Father Gordon is going on 30 years of imprisonment. Every appeal has been rejected without hearing. No judge in New Hampshire would agree to hear new evidence or new witnesses in this matter. On March 17, 2015, federal district court Judge Joseph Laplante, who many had high hopes would grant Father MacRae’s writ of habeas corpus, instead, granted the State of New Hampshire’s motion to dismiss on the pleadings. The judge did not even grant Father Gordon an evidentiary hearing.
The Catholic Church cannot proclaim the fullness of the truth without its priests. Every priest has been called by God for this mission. The Church has no alternative but to pursue and fight for authentic justice, and it must start with Father Gordon MacRae. No pope, cardinal, bishop, priest, or anyone among the laity can sit by and permit this injustice to continue. Diabolic advocacy and persecution of the Church has prevailed and will continue. Satan knows his enemy, and his enemy is the Holy Roman Catholic Church, in particular its clergy. Satan’s relentless pursuit is against the only institutional defender of natural law and of life in the world, from the moment of conception to natural death, the Catholic Church.
St. John Vianney, the patron of parish priests, understood this all too well. He was also subjected to outrageous lies about his character when he made this profound statement over 150 years ago:
“When people wish to destroy religion, they begin by attacking the priest, because where there is no longer any priest, there is no sacrifice, and where there is no longer any sacrifice, there is no religion.”
At the end of our brief temporal life all of us will be judged for what we “did and failed to do”; did we all do what is right and just?
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Vincent James Sanzone, Jr., Esq., loves his Catholic faith, and has been a practicing criminal defense attorney in New Jersey for the last 35 years. Attorney Sanzone is a member of the New Jersey Bar Association, of the National Association of Criminal Defense Attorneys, and of the Legal Center for Defense of Life. He is admitted to the bar in the State of New Jersey and the United States District Court for the District of New Jersey as well as Federal Appeals Courts for the Third and Fourth Circuits. In addition, he has been admitted to practice pro hac vice in the Southern District of New York, and in the Federal District Court for the Northern District of Ohio. Attorney Sanzone has argued successfully before the New Jersey Supreme Court, and has tried hundreds of criminal trials. Many of his clients were minority young men and women who were acquitted of all charges at trial and went on to live exemplary lives.
The Post-Trial Extortion of Father Gordon MacRae
Some who today cite a coerced post-trial plea deal to evidence Fr Gordon MacRae’s guilt actually had a hand in bringing it about. Plea deals can destroy justice.
Detective James McLaughlin preparing to test a lie.
Some who today cite a coerced post-trial plea deal to evidence Fr Gordon MacRae’s guilt actually had a hand in bringing it about. Plea deals can destroy justice.
My first installment in this series on the story of Father Gordon MacRae was “The Trial of Father MacRae: A Conspiracy of Fraud” posted here in February. I have since learned that after it was published, this blog received a couple of unposted comments that could be construed as death threats. Both were from the same person using fake identities, and contained the same overtly threatening language, “Kill the priest, kill the priest, kill the priest!” They were posted by a man with an IP address in Eastern Massachusetts.
The man who posted them happens to be known to me, but he has been unaware of that fact until now. This man has tried to post other comments using fake names both at Beyond These Stone Walls and other venues when commenters mention this case. He seems to take very personally these efforts to uncover and publish the truth of this matter though he has no direct involvement in this story, and he has never even met Father MacRae. He appears to be highly motivated, however, to bury the truth of this case under the usual toxic rhetoric and hysteria that plague the subject of Catholic priests accused of sexual abuse, and prevent constructive, rational investigation.
Like many members of SNAP, that writer does not post a lot of comments so much as he posts the same comment over and over again in any venue that will accept it. In the case of Father Gordon MacRae, this Toxic Avenger’s favorite comment is that MacRae “has publicly admitted to molesting children!” The claim is by no means new, but like so much of this case it has become part of a public mantra, a snowball that grew ever bigger as it rolled downhill. It is but the latest chapter in this perversion of justice. I want to thank our Massachusetts friend for raising it again and spreading it around until finally I was moved to take it up.
Former Judge Arthur Brennan arrested after accusing Congress of “stealing our freedoms.”
Plea Deals and a Compromised Judge
In her third major article on this story in The Wall Street Journal, “The Trials of Father MacRae,” (May 10, 2013), Dorothy Rabinowitz devoted a few lines to the subject of plea deals offered to the accused priest before and during his trial:
“In mid-trial, the state was moved to offer Father MacRae an enticing plea deal: one to three years for an admission of guilt. The priest refused it, as he had turned down two previous offers, insisting on his innocence.”
— The Trials of Father MacRae by Dorothy Rabinowitz
The previous offers were put into writing in the prosecutor’s pre-trial letters to MacRae’s attorney. In the pre-trial media coverage, state prosecutors trumpeted the multiple accusers — there were four, three of them brothers in the same family — and multiple indictments against this priest, all claims that arose at the same time from over a decade earlier. I described these claims in a post aptly titled, “In Fr Gordon MacRae Case, Whack-A-Mole Justice Holds Court.”
While publicly presenting the priest as a monster in the local New Hampshire news media, state prosecutors moved quietly behind the scenes to offer MacRae a deal to plead guilty and then get on with his life in just one year. Defense lawyers talked up the deal. It would save lots of time and money, and might even save Father MacRae who, it seemed to them, did not actually do any of this. The priest refused it twice before trial and again in the middle of trial just after Thomas Grover’s incredible testimony.
In my article that began this series, “The Trial of Father MacRae: A Conspiracy of Fraud,” I described Thomas Grover’s testimony at trial — testimony that was heavily coached to the point of witness tampering. Pauline Goupil, a psychotherapist retained at the behest of Grover’s contingency lawyer, was observed coaching Grover’s testimony with what appeared to be prearranged signals to cry when tough questions were asked. Her scant “treatment” file contained a copy of a pre-trial letter from Ms. Goupil to Grover never seen by the jury:
“Jim [that’s Keene, NH detective James McLaughlin] told me MacRae is being offered a deal his lawyers will want him to take. So there won’t be a trial. We can just move on to the settlement.”
— Excerpt of letter from Ms. Goupil to Thomas Grover
There seemed to be a sort of bewilderment among prosecutors as to why the priest would not accept their deal. During a short recess, prosecutors pulled defense Attorney Ron Koch aside, then he in turn pulled his client into a hallway.
“They want to know why we won’t take their deal,” he told Father MacRae. “They want us to make a counter offer. They want this conviction. They don’t necessarily want you,” the lawyer said. MacRae says, today, that he just couldn’t go along, that it was never a matter of “throwing his life away” as his lawyers described his insistence on a trial. It was the fact that avoiding trial by taking a plea deal meant that none of the details of this case would ever come out. He would just be another guilty priest who vaguely assaulted claimants who were then given huge settlements by the Catholic Church. It was the story widely told up to then, and since then, but in this case it was not the truth.
When MacRae refused that third plea deal offer following Thomas Grover’s testimony, however, the tone of this trial changed. On cross examination, Attorney Koch asked Grover a simple question: “Who did you go to first with this story, the police, or a lawyer?” As he did so often in this trial when cornered with a question that might unmask him, 27-year-old Thomas Grover (of whom Judge Brennan referred throughout trial as “the victim”) looked alarmed, rattled on incoherently, meandered down meaningless, unresponsive side roads, then looked to Ms. Pauline Goupil for the signal that it was time to start crying. In a related article, “Psychotherapists Helped Send an Innocent Priest to Prison,” I wrote the story behind Grover’s sobbing performance on the witness stand.
The question of who Thomas Grover went to first with his story — the police or his contingency lawyer — went to the very heart of this case and the motive for bringing it: an expectation of a financial settlement from the Diocese of Manchester. To date, the question of who he went to first has never been answered.
The next morning in that courtroom, Judge Arthur Brennan took it upon himself to remedy the situation. Outside the presence of the jury, he instructed all present that he had given Thomas Grover a limiting order barring him from any testimony about the simultaneous claims of abuse brought by two of his brothers, one two years older and one a year younger. Judge Brennan’s remedy was to summon the jury and instruct them — with no explanation whatsoever — that they are to disregard inconsistencies in Thomas Grover’s testimony. As Dorothy Rabinowitz wrote, that jury “had much to disregard.”
Then, when an opportunity approached for the accused priest to take the stand in his own defense, Judge Brennan once again dismissed the jury and addressed the priest directly. He said that if MacRae chooses to testify in his own defense, he will almost certainly open the door to permit the claims of Thomas Grover’s brothers to come before the jury, and thereby become — as bizarre as their stories were — corroborating witnesses for each other. In other words, one lie standing alone has a chance to be undone. Three lies standing together left the defense defenseless. So, in the entirety of this trial and sentencing, Father Gordon MacRae was never permitted to utter a single word.
I covered the story of these additional claims in “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?”
This is the office at St. Bernard’s Church in Keene, NH. Thomas Grover claims to have been raped there five times at age 15 in 1983. A chess set that he claimed to be in the office was not given to MacRae until three years later.
The Marble Chess Set
On direct and on cross examination, Thomas Grover testified that during the 1983 sexual assaults he endured in Father MacRae’s rectory office, Grover saw a large elaborate marble chess set on a table in that office. I described this office, including a set of exterior photographs, in a post on my own blog entitled “Justice and a Priest’s Right of Defense in the Diocese of Manchester.” I am convinced that there are people from Keene, NH who read that — Father MacRae’s jurors, perhaps, and others who know the truth of this story — but they stay in the shadows.
At the trial, Father “Moe” Rochefort testified that he and MacRae and three other friends purchased that marble chess set during a hiking and camping vacation in Bar Harbor, Maine in 1986. So it was not possible that Grover saw that chess set in 1983. Today, Thomas Grover’s ex-wife, Trina Ghedoni, reports that Grover admitted to her at the time that he committed perjury in his testimony about the chess set, “but it was what they wanted him to say.” When asked who “they” referred to, Ms. Ghedoni replied, “Pauline Goupil and Detective [James] McLaughlin.”
Late in the last full day of the trial, Defense lawyer Ron Koch, now deceased, delivered his closing argument to the jury and then left the court to fly off for a murder trial. He was not present in the courtroom when Prosecutor Bruce Reynolds told the MacRae jury that “some people in this court said MacRae was a nice guy. People said that of Hitler too.”
The trial ended and the jury began deliberations late in the afternoon of Thursday, September 22, 1994. Presumably, that first hour was used to select a jury foreman, then they all went home. The next day, Friday, September 23, 1994, the jury returned at 9:30 AM to ask a question of Judge Brennan. They wanted to see a transcript of Father Rochefort’s testimony about the marble chess set. Judge Brennan denied the jury request, telling them that they must rely solely on their memories of that testimony.
One hour later, MacRae was summoned back into the courtroom. The jury had reached a verdict in spite of their unanswered question. MacRae stood to hear the twelve jurors’ finding of “guilty.” He says, today, that not one would look at him directly. They looked only at Judge Brennan.
The Sentence and the Extortion
Knowing about the proffered and refused plea deals — or at least having no excuse NOT to know of them — Judge Arthur Brennan would eventually sentence Gordon MacRae to more than thirty times the minimum sentence of one year which the State was willing to recommend had MacRae allowed the entire case to be piled into one convenient plea deal. I wrote about the refused deal of one to three years and the imposed term of 67 years in “Judge Arthur Brennan Sentenced Fr Gordon MacRae to Die in Prison.”
That article raised an important question about justice. How is it that the man who stood before Judge Brennan was more of a monster for maintaining his innocence and preserving his rights than he was had he admitted guilt? If MacRae had in fact been guilty, and therefore willing to say as much, he would have left prison over 25 years ago.
When this trial was over, Father MacRae was taken immediately to a jail cell to await Judge Brennan’s sentence. Defense lawyer Ron Koch resigned from the case telling the priest via telephone that the verdict “did not reflect anything that took place in that courtroom.”
In “The Prison of Father MacRae: A Conspiracy of Silence,” my second installment in this series, I wrote that MacRae took and passed a set of polygraph examinations in the claims brought by Thomas Grover and his brothers, Jonathan Grover and David Grover. None of the three have ever agreed to submit to polygraphs. I wrote that a defense decision to reveal MacRae’s polygraph results to the Diocese of Manchester before trial was disastrous.
The result was a glaring, highly prejudicial, and explosive pre-trial press release that publicly declared Father MacRae to be guilty before jury selection in his trial. The Bishop of Manchester’s press release so prejudiced this case that it was a major factor in defense attorney Ron Koch’s decision to resign.
Attorney Koch was simply bewildered at the willingness of Church officials to enter into settlement negotiations with accusers regardless of the truth, regardless of the guilt or innocence of the accused. Dorothy Rabinowitz put it somewhat more delicately, “Diocesan officials had evidently found it inconvenient to dally while due process took its course.”
This appears to be what The Rev. Richard John Neuhaus meant in “A Kafkaesque Tale” when he wrote that the MacRae case “reflects a Church and a justice system that seem indifferent to justice.” Exiting the case, Attorney Koch told the convicted and jailed priest that subsequent trials would have to be turned over to a public defender, and that MacRae had no hope of prevailing. None. Zero. He warned the priest that there was hope of overturning the Thomas Grover case on appeal, but that he could not possibly hope to ever leave prison if he is convicted in another trial of claims brought by Thomas Grover’s brothers and then two others who jumped aboard. (That’s a whole other story, and it’s coming!)
The Negotiated Lie
State prosecutors knew all this, but those behind this case also knew that certain facts in the background risked also becoming public in future trials. So a new deal was set forth. The priest, still awaiting Judge Brennan’s sentence in the Thomas Grover trial, was offered a sentence of zero years in prison if he would forego additional trials and plead guilty to only the remaining charges. The details of those remaining charges are laid out in an article of mine entitled, “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?”
It’s cheap and easy to say today that Father MacRae should not have accepted this deal, but that does not capture the reality of it. Everyone around him at the time told him that he had no choice. The State’s prosecutorial machine and the Diocese of Manchester’s press release combined to utterly destroy this man, his due process rights, and his freedom. Under their combined, unbearable weight — alone, impoverished by the previous trial, abandoned by his legal counsel, vilified by his own bishop and diocese, siting in jail awaiting sentence — Gordon MacRae was undone as this final negotiated lie was thrust upon him. There were many owners of this lie. It was not MacRae’s alone.
Seventeen years later, Joan Frawley Desmond, Senior Editor at the National Catholic Register newspaper, took on a subject anathema to most in the secular and Catholic press: the idea that some accused priests might be innocent. In “Priests in Limbo,” the second of a two-part article in the NC Register (Feb. 17, 2011) Joan Frawley Desmond wrote of the story of Father Gordon MacRae:
“The Diocese of Manchester doesn’t share [Ms.] Rabinowitz’s belief in the priest’s innocence. ‘Father MacRae pleaded guilty to felonious sexual assault,’ stated diocesan spokesman Kevin Donovan.
“Rabinowitz offered an exculpatory back story to Father MacRae’s post-trial plea … . Donovan also would not address Rabinowitz’s charge that the Manchester Diocese issued a pre-trial statement that lent credence to the abuse allegations.”
— Joan Frawley Desmond, NC Register
That officials of the Diocese of Manchester would today cite as evidence of guilt the very scenario that they themselves had a hand in creating is one of the bombshells yet to be fully defused in this case. Those very words, that MacRae “admitted” to some charges, were packaged by Monsignor Edward Arsenault — himself sent to prison after taking a plea deal — and sent to Rome in an effort to have MacRae forcibly dismissed from the priesthood, an effort that, thankfully, has not succeeded.
Such perversions of justice are by no means limited to this one case. The Innocence Project reveals that of the more than 800 proven wrongful convictions in the United States in recent years, a full twenty-five percent had buckled under coerced pre-trial plea deals. Ninety-five percent of criminal cases are resolved through plea bargaining, and it is no measure of justice.
I am far more persuaded by the sworn statement of career FBI Special Agent Supervisor, James Abbott, who concluded,
“During the entirety of my three-year investigation of this matter, I discovered no evidence of MacRae having committed the crimes charged, or any crimes. Indeed, the only 'evidence' was the claims of Thomas Grover which others today, including members of his family, have discredited.”
— FBI Special Agent Supervisor, James Abbot
If you ever again read somewhere that Father Gordon MacRae “admitted guilt,” please set the record straight and leave a link to this post. He didn’t. Not by any standard of truth and justice I know of.
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Editor’s Note: Thank you for reading and sharing this post. You may also like this related post from Brian Fraga at the National Catholic Register :
New Hampshire Priest Continues the Long Road to Clear His Name
The Prison of Father MacRae: A Conspiracy of Silence
The Diocese of Manchester demonstrates the difference between the stated rights of accused Catholic priests in Church law and actual observance of those rights.
The Diocese of Manchester demonstrates the difference between the stated rights of accused Catholic priests in Church law and actual observance of those rights.
Editor’s Note: This is Part Two of a guest post by Ryan A. MacDonald. Part One was “The Trial of Father MacRae: A Conspiracy of Fraud.”
“I don’t share your belief in Father MacRae’s innocence. I just don’t believe a judge and jury would sentence a priest to life in prison with anything less than clear and compelling evidence.”
The above quote was the reply of a prominent American Catholic writer when I challenged him to take a closer look at the trial and imprisonment of Father Gordon MacRae. There is nothing to be gained by publishing the writer’s name. I still hope he might accept my challenge to study this matter with more depth than the New Hampshire news media and priests of the Diocese of Manchester have given it. I have asked the writer to show me the evidence he feels so certain must exist. He is wrong about this. There is simply no factual evidence to support this conviction.
But for some, the absence of evidence is evidence of evidence. That Catholic writer’s presumption about evenhanded justice and due process reflects the naiveté of the innocent and just. I once shared such naiveté, but I have since learned that ignorance is not bliss. I know too much about this case to cling to any delusions that everyone in prison must be guilty, or that a Catholic priest, while actually innocent, could not be railroaded into prison based on false witness.
So does The Wall Street Journal’s Dorothy Rabinowitz, one of the most just and courageous journalists I know. She has a talent for enabling readers to place themselves in the shoes of the falsely accused, and it’s a terrifying place to be. A recent article, “On Woody Allen and Echoes of the Past” (WSJ.com, February 9, 2014), had that same effect. It isn’t long, but it’s compelling and powerful.
Despite its title, the article’s great power is in its depiction of falsely accused men and women — such as Violet, Cheryl, and Gerald Amirault of Massachusetts and Kelly Michaels of New Jersey — who were ripped from ordinary lives to be tried and sent to prison because of trumped up charges, lots of media hype, and the ambitions of prosecutors.
These same people were profiled in No Crueler Tyrannies (WSJ Books, 2005), a book by Dorothy Rabinowitz that has opened many eyes, including mine. She found a common denominator among those falsely accused and betrayed by the justice system during the “child terror” prosecutions of the 1980s and 1990s, the same era, and the same terror, that convicted Father MacRae. Rabinowitz wrote,
“Those who are falsely accused often naively believe that their innocence is obvious, that the allegations will be dropped.”
In “Judge Arthur Brennan Sentenced Fr Gordon MacRae to Die in Prison,” I wrote that plea deals work well for the guilty but not for the innocent. The guilty come before the justice system prepared to limit punishment by accepting any reasonable plea deal offered. The innocent cannot fathom such twisted justice, and therefore often spend far more time in prison than the guilty.
For preserving his right to a presumption of innocence and a fair trial — though he got neither, as you will see, from either Church or State — Father Gordon MacRae was sentenced by Judge Arthur Brennan to more than 30 times the sentence offered by prosecutors in the plea deal he refused. As I wrote in part one of this article last week, it is a perversion of justice that, had he been actually guilty, this priest would have been released from prison 17 years ago.
The Lie Detector Disaster
In the above article, Dorothy Rabinowitz cited that some of the innocent accused were anxious to take lie detector tests (aka polygraphs). Those who passed them, however, did so to no avail as prosecutors refused to consider, or even hear, the results. Father MacRae also voluntarily submitted to two lie detector tests conducted by an expert who reviewed the claims of Thomas Grover and his brothers, Jonathan and David Grover, who also accused the priest for settlement money from his diocese. I have repeatedly called upon MacRae’s accusers to agree to lie detector tests, a challenge met only with silence.
Had Father MacRae failed the polygraphs administered before his trial, you can be certain that fact would have found its way into court, or at least into the newspapers. He passed them conclusively, but the results were ignored, and not only by state prosecutors. The most difficult act of suppression to comprehend came from his bishop and diocese.
Defense attorney Ron Koch (pronounced “Coke”) often appeared to be as naive and trusting as his client. He seemed to believe that the Diocese of Manchester might be more inclined to defend its priest if clarity about his innocence could be established. However passing pre-trial lie detector tests, and making that fact known, actually proved disastrous for the defense of Father MacRae.
Within weeks of the defense lawyer’s effort to have polygraph results reviewed by Church lawyers, the Diocese of Manchester issued a press release that inflicted a mortal wound to MacRae’s civil and canonical rights. Plastered in the news media throughout New England before jury selection in his trial, this press release destroyed his defense in the court of public opinion, and influenced jurors in the court of law:
“The Bishop and the Church are saddened by and grieve with the victims of Gordon MacRae…and he was ultimately removed from his status as one who could ever function as a priest again…The Church is a victim of the actions of Gordon MacRae as well as the individuals… [The Diocese] will defend its officials who have been falsely accused [and] it will continue to cooperate in bringing those who have harmed others to light.”
— Bishop of Manchester Press Release, Sept. 11, 1993
Canonical Advocate, Father David Deibel, J.C.L., J.D., protested this gross violation of Church law and civil liberties. He was reportedly told that the press release “was a carefully crafted statement meant to respond to media concerns” about the MacRae case. When defense attorney Ron Koch called to protest, he was told that Father MacRae was the sole priest to have been so accused in the Diocese of Manchester.
Nine years later, officials for the Manchester Diocese worked out a plea deal of their own to avoid a misdemeanor charge based on a theory of law the state’s Attorney General admitted was “novel.” The published files as a result of that deal revealed that 62 New Hampshire priests had been accused, and some $23 million changed hands in mediated settlements. For his first six years in prison, 17 miles from the Chancery Office of the Diocese of Manchester, Father MacRae was summarily abandoned. The company line was that it was MacRae himself who refused to be visited in prison by any priest. The bitter refusal was reportedly issued through unnamed third parties who have never been identified. However, the prison’s Catholic chaplain during Father MacRae’s first years in prison saw this differently:
“I have been told by priests that Diocesan officials claimed that Father MacRae refused, through unnamed third parties, to be visited by a priest … During my tenure as chaplain, no one representing the diocese ever asked me to arrange a visit with Father MacRae [who] indicated to me he would welcome such contacts … . It remains my belief that Father MacRae is for some reason viewed differently from other priests that are, or have been, incarcerated.”
— Prison Chaplain John R. Sweeney, Sept. 20, 2004
Bishop’s Delegate Monsignor Edward Arsenault
Two years ago, I wrote an article entitled “To Azazel: Father Gordon MacRae and the Gospel of Mercy.” It was about some shockingly uncharitable conduct toward this imprisoned priest, but the offenders were not other prisoners trying to make names for themselves in the brutal prison culture. They were priests of the Diocese of Manchester.
In the year 2000, however, Diocesan interest in Father MacRae was radically altered when it became known that two media giants, Dorothy Rabinowitz at The Wall Street Journal, and PBS Frontline, expressed interest in the facts of this case. You may read for yourselves the manipulation aimed at this imprisoned priest, and the devastation of his rights in an article by Father George David Byers entitled, “Omertà in a Catholic Chancery — Affidavits Expanded.”
Throughout this period, the official Delegate (2000 until 2009) for the Bishop of Manchester was Monsignor Edward Arsenault. His published resume reveals that he personally negotiated mediated settlements in 250 claims against Diocese of Manchester priests. At the same time, Monsignor Arsenault was wearing another hat — some might say a highly conflicting one.
While negotiating settlements in the MacRae case and hundreds of others on behalf of the Diocese of Manchester, Arsenault was also Chairman of the Board of the National Catholic Risk Retention Group, an organization underwriting insurers of Catholic institutions and dioceses across the U.S. It is unclear which of these hats Monsignor Arsenault was wearing when he negotiated this typical round of mediated settlements described in David F. Pierre’s 2012 book, Catholic Priests Falsely Accused:
“In 2002, the Diocese of Manchester, New Hampshire, faced accusations of abuse from 62 individuals. Rather than spending the time and resources looking into the merits of the accusations, ‘Diocesan officials did not even ask for specifics such as the dates and specific allegations for the claims,’ New Hampshire’s Union Leader Reported. ‘Some victims made claims in just the past month and because of the timing of negotiations, gained closure in just a matter of days,’ reported the Nashua Telegraph. ‘I’ve never seen anything like it!’ a pleased and much richer plaintiff attorney admitted.”
— Catholic Priests Falsely Accused, p. 80
In 2001, Monsignor Edward Arsenault developed a policy statement for the Diocese of Manchester. As Bishop John McCormack’s Delegate, Monsignor Arsenault published the “Diocese of Manchester Statement of Rights and Obligations of Persons Accused of Sexual Misconduct.” The document was straightforward, and listed, in accord with Canon law and Diocesan policy, the rights of the accused and the obligations of the Diocese:
The Delegate (Monsignor Edward Arsenault) will:
Inform the person being interviewed of the process to be used;
Inform the person being interviewed what information will be shared with whom;
Inform the person being interviewed that he [the Delegate] is acting in the external forum on behalf of the Bishop of Manchester;
Inform the person being interviewed that any and all information disclosed will be treated with discretion, but not subject to confidentiality…
Rights of the Person Accused: The accused cleric or religious has:
The right not to implicate oneself;
The right to counsel, civil and canonical;
The right to review the results of one’s own psychological evaluations;
The right to know what has been alleged and to offer a defense against the allegations;
The right to know and understand the review process;
The right to discretion in the conduct of the investigation and to have his/her good name protected.
Over the next three years as the Diocese of Manchester submitted individual cases to the Vatican’s Congregation for the Doctrine of the Faith, every tenet of the above statement of rights was silently ignored or outright violated by Monsignor Arsenault and officials of the Diocese of Manchester in regard to the case of Father MacRae.
No investigations took place. No interviews took place. The imprisoned priest’s repeated requests for details of what has been represented in Rome in regard to this case have been ignored, and no right of defense has been honored. The promised assistance of legal counsel was never acted upon. Repeated and documented requests from Father MacRae that Bishop John McCormack and Monsignor Arsenault agree to confer with his Canonical Advocate to assure his rights under Church law were refused.
In the ultimate insult, when Monsignor Arsenault finally did agree to consult Father Deibel, the canonical advocate, he reportedly told the priest that, should Father MacRae be involuntarily laicized, “I’m sure Bishop McCormack will still send him $100 a month” to survive in prison. The suggestion that this was MacRae’s sole concern for the future of his priesthood left him feeling humiliated and violated.
A promise by Bishop McCormack to set aside $40,000 for Father MacRae’s appellate defense — on the condition that he set aside contacts with Dorothy Rabinowitz and The Wall Street Journal — was instead used to hire counsel to bypass MacRae’s lawyers and investigators, and to conduct a secret review of his trial and any chance of overturning the convictions. To this day, Monsignor Arsenault and the Bishop of Manchester have ignored requests to share that review with the wrongly imprisoned priest’s defense team struggling to afford his day in court.
Remember Those in Prison as Though in Prison with Them (Heb. 13:3)
In 2009, Monsignor Edward Arsenault was appointed Executive Director of Saint Luke Institute, a nationally known facility in Maryland for the psychological treatment of priests. Bishop John McCormack was the sole U.S. bishop on the Saint Luke Institute Board of Directors at the time. Monsignor Arsenault took leave from the diocese to assume the post with an annual salary of $170,000.
Earlier this month, on February 4, 2014, the news media announced that Monsignor Edward Arsenault has accepted a plea deal to plead guilty to three felony charges. He was indicted on multiple counts, and has agreed to plead guilty to the theft of thousands of dollars from the Diocese of Manchester while serving as Chancellor and Bishop’s Delegate, from Catholic Medical Center Hospital where he served on its Board of Directors, and from the estate of a deceased priest of the Manchester Diocese for which he served as Executor. According to news reports, the theft of funds from the Diocese of Manchester continued until 2013, four years after Monsignor Arsenault began his $170,000 a year post at Saint Luke Institute.
The plea deal Monsignor Arsenault has entered into forgoes trial and any testimony under oath. The exact number of felony charges and the exact amounts of stolen funds involved have not been made public, and possibly never will be. The New Hampshire Attorney General stated that the plea deal, and the minimum four year prison sentence Monsignor Arsenault has agreed to, are in “recognition of the extensive cooperation of the defendant,” and in anticipation of his continued cooperation in the ongoing investigation of “improper financial transactions.”
The investigation into financial wrongdoing was launched, according to news sources, when the Diocese began investigating a “potentially inappropriate adult relationship.”
For at least the next four years, Monsignor Edward Arsenault will share the same prison as Father Gordon MacRae, a priest who — armed only with the truth and his faith — refused plea bargains to face the cruelest of tyrannies, wrongful imprisonment. This is the priest against whom Monsignor Edward Arsenault and his prosecutorial friends have worked so arduously, and in secret, to undo and discard.
UPDATE:
Monsignor Arsenault served only a few weeks of his sentence in the New Hampshire State Prison. He was moved early one morning to serve out his sentence in the Cheshire County House of Corrections. This, we are told, was highly unusual. A State Senator who asked not to be named said that Monsignor Arsenault received “very special treatment” in the judicial and corrections systems. Special treatment did not end here. After serving only two years of the four-to-twenty year sentence, Arsenault’s sentence was commuted to house arrest. While serving that sentence his $300,000 restitution was paid by unnamed third parties. His entire twenty year sentence was then commuted by Judge Diane Nicolosi. Subsequently, Arsenault was dismissed from the clerical state by Pope Francis. In April of 2021 he legally changed his name to Edward J. Bolognini.
Under this new name, with his $300,000 restitution paid by unnamed third parties and his sentence for multiple financial felonies suddenly commuted Edward J. Bolognini was awarded with management of a multimillion dollar contract with the City of New York.
In 2018, sixteen years after Fr. MacRae and his advocates were told that MacRae was the only of the Manchester Diocese ever to be accused, current Bishop Peter A. Libasci proactively published a list of 73 priests of the Diocese of Manchester accused of sexual abuse. He cited “transparency” as his motive for publishing the list. Subsequently, Bishop Peter A. Libasci was himself accused of sexual abuse dating from his years as a priest in the Diocese of Rockville Center, New York. The charges were alleged to have occurred in 1983, the same year as the charges against Fr. MacRae.
Bishop Libasci maintains his innocence and remains Bishop of Manchester, and all transparency ceased.
In October 2022, The Wall Street Journal published its fourth article on this matter entitled, “Justice Delayed for Father MacRae.”
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The Trial of Father MacRae: A Conspiracy of Fraud
For Catholic priests, merely being accused is now evidence of guilt. A closer look at the prosecution of Fr Gordon MacRae opens a window onto a grave injustice.
Former Judge Arthur Brennan
Arrested at a Washington, DC protest in 2011
For Catholic priests, merely being accused is now evidence of guilt. A closer look at the prosecution of Fr. Gordon MacRae opens a window onto a grave injustice.
Editor’s Note: This is Part 1 of a two-part guest post by Ryan A. MacDonald.
“Those aware of the facts of this case find it hard to imagine that any court today would ignore the perversion of justice it represents.”
The above quote says it all. I wrote for These Stone Walls two weeks ago to announce a new federal appeal filed in the Father Gordon MacRae case. I mentioned my hope to write in more detail about the perversion of justice cited by Dorothy Rabinowitz in “The Trials of Father MacRae,” her third major article on the MacRae case in The Wall Street Journal.
The details of how such injustice is perpetrated are especially important in cases like Father MacRae’s because there was no evidence of guilt — not one scintilla of evidence — presented to the jury in his 1994 trial. I recently wrote “Justice and a Priest’s Right of Defense in the Diocese of Manchester,” an article with photographs of the exact location where the charges against this priest were claimed to have occurred. If you read it, you can judge for yourself whether those charges were even plausible.
The sexual assaults for which Father Gordon MacRae has served two decades in prison were to have taken place five times in as many weeks, all in the light of day in one of the busiest places in downtown Keene, New Hampshire. Yet no one saw anything. No one heard anything. Accuser Thomas Grover — almost age 16 when he says it happened, and age 26 when he first accused the priest — testified that he returned from week to week after each assault because he repressed the memory of it all while having a weekly “out-of-body experience.”
The complete absence of evidence in the case might have posed a challenge for the prosecution if not for a pervasive climate of accusation, suspicion, and greed. It was the climate alone that convicted this priest, that and a press release from the Diocese of Manchester that declared him guilty before his trial commenced. As Dorothy Rabinowitz wrote,
“Diocesan officials had evidently found it inconvenient to dally while due process took its course.”
It was 1994, the onset of fear and loathing when many New England priests were accused, when the news media focused its sights on Catholic scandal, when lawyers and insurance companies for bishops and dioceses urged as much distance as possible from the accused while quiet settlements mediated from behind closed doors doled out millions to accusers and their lawyers. Accusation alone became all the evidence needed to convict a priest, and in Keene, New Hampshire — according to some who were in their teens and twenties then — word got out that accusing a priest was like winning the lottery.
The fact that little Keene, NH — a town of about 22,000 in 1994 — had a full time sex crimes detective on its police force of 30 brought an eager ace crusader into the deck stacking against Gordon MacRae. By the time of the 1994 trial, Detective James F. McLaughlin boasted of having found more than 1,000 victims of sexual abuse in 750 cases in Keene. The concept that someone might be falsely accused escaped him completely. He reportedly once told Father MacRae, “I have to believe my victims.” This priest WAS one of his victims.
The only “hard evidence” placed before the MacRae jury was a document proving that he is in fact an ordained Catholic priest. The prosecution was aided much by an outrageous statement from Judge Arthur Brennan instructing jurors to disregard inconsistencies in Thomas Grover’s testimony. This is no exaggeration. As Dorothy Rabinowitz wrote, those jurors “had much to disregard.”
It is important to unravel the facts of this prosecution, not all of which could appear in the current appeal briefs. I have done some of this unraveling in an article entitled, “In the Fr Gordon MacRae Case, Whack-A-Mole Justice Holds Court.” I consider it an important article because it addresses head-on many of the distortions put forth by those committed to keeping the momentum against priests and the Church going. This is a lucrative business, after all. Most importantly, that article exposes the “serial victims” behind MacRae’s prosecution.
Seduced and Betrayed
Had I been a member of the jury that convicted Father MacRae, I would no doubt feel betrayed today to learn that Thomas Grover, a sole accuser at trial, accused so many men of sexual abuse “that he appeared to be going for some sort of sexual abuse victim world record” according to Grover’s counselor, Ms. Debbie Collett. That fact was kept from the jury, and if any one was seduced in this case, it was the jurors themselves.
Ms. Collett reports today that Grover accused many — including his adoptive father — during therapy sessions with her in the late 1980s, but never accused MacRae. Ms. Collett also reports today that she was herself “badgered, coerced, and threatened” by Detective McLaughlin and another Keene police officer into altering her testimony and withholding the truth about Thomas Grover’s other past abuse claims from the jury. If the justice system does not take seriously her statement about pre-trial coercion, it undermines the very foundations of due process.
I subscribe to The Wall Street Journal’s weekly “Law Blog” entries in its online edition. A recent posting was by a high-profile corporate lawyer who occasionally undertakes appeals for wrongfully convicted criminal defendants. After winning the freedom of one unjustly imprisoned man who served 15 years in prison for a crime he did not commit, the lawyer wrote that justice has a greater hope of prevailing in such a case when a layman with no training in the law can read the legal briefs in an appeal and conclude beyond a doubt that an injustice has indeed taken place.
This was exactly my reaction after reading Attorney Robert Rosenthal’s federal appeal brief filed on behalf of Father MacRae. I have heard of similar reactions from others. One reader recently wrote, “I just read the appeal brief and I’m stunned! How was this man ever convicted in a US court of law?” Another reader wrote, “Taken as a whole, the MacRae trial was a serious breach of American justice and decency. Had I been a juror, I would today feel betrayed and angry by what I have just learned.”
A few weeks ago in his post on These Stone Walls, Father MacRae wrote of how justice itself was a victim in the prosecution of Monsignor William Lynn in a Philadelphia courtroom. That conviction was recently reversed by an appeals court in a ruling that described that trial and conviction as “fundamentally flawed.” In his appeal of Father MacRae’s trial, Attorney Robert Rosenthal has masterfully demonstrated the fundamental flaws that brought about the prosecution of MacRae and the verdict that sent him to prison. Taken as a whole, no competent person could conclude from those pleadings that the conviction against this priest should stand.
Psychotherapist for the Prosecution
I would like to seize upon a few of the details, and magnify them to demonstrate just how very flawed this trial was. I’ll begin with some excerpts from a document I recently obtained in this case. It is a letter written by an observer at Father MacRae’s 1994 trial.
The letter, dated October 30, 2013, was addressed to retired judge Arthur Brennan who presided over the trial of Father MacRae and who sentenced him to a prison term of 67 years. The letter was written by a man whose career was in the news media, a fact that very much influenced his attention to detail throughout the trial of Father MacRae. The letter writer expressed to the retired judge that he held his pen for so many years, but now that state courts are no longer involved in this appeal, he felt more free to write. Here is a portion of that letter:
“We saw something in your courtroom during the MacRae trial that I don’t think you ever saw. My wife nudged me and pointed to a woman, Ms. Pauline Goupil, who was engaged in what appeared to be clear witness tampering. During questioning by the defense attorney, Thomas Grover seemed to feel trapped a few times. On some of those occasions, we witnessed Pauline Goupil make a distinct sad expression with a downturned mouth and gesturing her finger from the corner of her eye down her cheek at which point Mr. Grover would begin to cry and sob.”
Pauline Goupil was called under oath to the witness stand in the 1994 trial where she produced a bare bones treatment file of Thomas Grover that contained little, if any, information about claims against Father MacRae. She stated under oath that this was her entire file.
Two years later, Ms. Goupil testified in an evidentiary hearing about the lawsuits brought by Thomas Grover and three of his brothers against Father MacRae and the Diocese of Manchester. Under oath in that hearing, Pauline Goupil referenced an extensive file with many notations about claims against Father MacRae and about how she helped Thomas Grover to “remember” the details of his claims. In one of these two testimonies under oath — or perhaps in both — Pauline Goupil appears to have committed perjury.
In a brief, defensive hand-written reply to the above letter from the unnamed trial observer, retired Judge Brennan referred to the testimony of “young Thomas Grover” at the MacRae trial. This spoke volumes about that judge’s view of this case. The “young Thomas Grover” on the witness stand in Judge Brennan’s court was a 5’ 11” 220-lb., 27-year-old man with a criminal record of assault, forgery, drug, burglary, and theft charges. Prior to the trial, he was charged with beating his ex-wife. “He broke my nose,” she says today. The charge was dropped after MacRae’s trial. Once again, from the observer’s letter to the retired judge:
“Secondly, I was struck by the difference in Thomas Grover’s demeanor on the witness stand in your court and his demeanor just moments before and after outside the courtroom. On the stand he wept and appeared to be a vulnerable victim. Moments later, during court recess, in the parking lot he was loud, boisterous and aggressive. One time he even confronted me in a threatening attempt to alter my own testimony during sentencing.”
And lest we forget, the sentence of 67 years was imposed by Judge Arthur Brennan after Father MacRae three times refused a prosecution plea deal to serve only one to three years in exchange for an admission of guilt. It is one of the ironic challenges to justice in this case that had Father MacRae been actually guilty, he would have been released from prison 17 years ago.
Like others involved in this trial, Ms. Pauline Goupil was contacted by retired FBI Special Agent James Abbott who conducted an investigation of the case over the last few years. Ms. Goupil refused to be interviewed or to answer any questions.
Thomas Grover, today taking refuge on a Native American reservation in Arizona, also refused to answer questions when found by Investigator James Abbott. He reportedly did not present as someone victimized by a parish priest, but rather as someone caught in a monumental lie. “I want a lawyer!” was all he would say. We all watch TV’s “Law and Order.” We all know what “I want a lawyer” means.
