“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

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When Justice Came To Pornchai Moontri Mercy Followed

Clare Farr, a Western Australia trademarks attorney, read about Pornchai Moontri at These Stone Walls and set in motion a Divine Mercy saga spanning five continents

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Clare Farr, a Western Australia trademarks attorney, read about Pornchai Moontri at These Stone Walls and set in motion a Divine Mercy saga spanning five continents.

 

Introduction by Father Gordon MacRae

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The following is a guest post by Clare Farr, a registered trademarks attorney in Western Australia. Clare is partner with her husband, Malcolm Farr, principal of the Farr Intellectual Property law firm near Perth. She is the mother of five young adults. In 2003, while reading These Stone Walls, Clare and Malcolm immersed themselves, entirely pro bono, in the cause of Pornchai Moontri.

Clare, especially, served as a bridge to find and cultivate essential contacts for Pornchai to secure a future in Thailand, and to seek justice for him in the United States. Without Clare Farr’s assistance, this story I told in “Pornchai Moontri: Bangkok to Bangor, Survivor of the Night” could not have come entirely to light.

Please share Clare’s amazing account of Divine Mercy that connects people on five continents for a story that Pornchai Moontri once summarized in a single sentence: “I awoke one day with a future when up to then all I ever had was a past.” It is an honor to present this guest post by Clare Farr.

When Justice Came to Pornchai Moontri, Mercy Followed

It was in about the year 2010 when I first read about the plight of Fr Gordon and his cellmate, Pornchai Moontri. The more I read about Fr Gordon, I became convinced of his innocence and outraged that this holy and devout Catholic priest could be sent to prison given the paucity and quality of the evidence against him.

Many people including highly regarded journalists and lawyers find this case very troubling yet the higher ups in the Diocese of Manchester, government lawyers, politicians and those in the judiciary must have very thick skins and are prepared to let this case rest and turn their gaze the other way. They must rest their laurels on the fact that the “legal system did its job.” Well, it didn’t — it was an abysmal failure. Quite frankly, the outcome is deeply unsettling and a blight on the justice system of the United States.

The Fr Gordon MacRae that I have come to know is a man of tremendous intellect and wisdom who counsels and shares his insight and understanding of the Catholic faith to the many among his global readership as well as his fellow prisoners in the New Hampshire Prison for Men. He is just about as fine a priest as I have ever known, and the way that he has been treated by the Diocese of Manchester and many other Catholic priests is quite disgraceful.

Before the commencement of MacRae’s trial, he was not given any chance to respond to the allegations against him, yet the Diocese issued a press release in which it stated:

The Church has been a victim of the actions of Gordon MacRae just like these individuals…

If the Church believed Fr Gordon was guilty — what was a jury to think? The trial was compromised before it even began — sabotaged by the Diocese of Manchester.

Three years ago Bishop Libasci wrote to me “…please be assured that both my predecessor and I have understood and fulfilled our obligations as bishops with respect to Father MacRae’s rights under civil and canon law”. At the time of the press release, Bishop Leo O’Neil was the head of the diocese and he was not Bishop Libasci’s predecessor but rather, one of his predecessors. However, the upshot of acts undertaken during Bishop O’Neil’s term as Bishop have had a never-ending adverse impact on Fr Gordon and this should be acknowledged and addressed by his successors.

I’m certainly no expert on canon law though I as far as I know canonical equity dictates that there must be a balance between the spirit of the Gospel and the salvation of souls. I fail to see how doing nothing to address past wrongs done to Fr Gordon, including but not limited to dealing with Fr Gordon’s incarceration as a live issue (which is partly the Diocese’s own fault) and the payment of a regular stipend, has met these requirements.

Whatever Fr Gordon’s fate is, there is one thing for sure: when he passes on to the next life he will be greatly rewarded for all the good he has done in his life. Similarly, those who have lied about him, who have persecuted him or who have added to his misery and his circumstances will also have to stand before the Creator and account for their actions — or inaction. Heaven help them.

 
Bangor, Maine

Bangor, Maine

A Stranger in a Strange Land

In late 2013 I chanced upon an article about Pornchai Moontri by Charlene Duline, “Pornchai Moontri is Worth Saving.” Charlene was pleading for anyone who could advocate on behalf of Pornchai, so I contacted her. I thought that even though I live in Western Australia, I might be able to help somehow. At that stage Pornchai had been in prison for more than 20 years. There was no question that he was involved in the death of Michael Scott McDowell and that a jury had found him guilty of murder. I knew that he was far from a model prisoner at the start of his sentence, but that he had a remarkable conversion to the Catholic faith and that he had achieved an abundance of qualifications in prison. Indeed, he seemed to be a model prisoner.

From everything I had read about Pornchai and the trial, and from all that I have come to know about this story, it seems that a 45-year sentence is grossly excessive. Pornchai had unsuccessfully appealed the sentence decision many years ago — so it seemed that the only recourse for him was to petition the Governor of Maine to exercise clemency for his release from prison. After a great deal of research into Pornchai’s life, in March 2015 we submitted a petition to the Governor of Maine seeking an order of executive clemency. In October 2015 it was rejected.

Pornchai has never had an opportunity to tell a court about his life and what led to his conviction. He has never really told the full story, some of which he did not even know about — but I know it. Father Gordon knows about it too and wrote much of it in these pages last week. What follows is the story that I want to emphasize, so here goes…

Pornchai was born to a family in Thailand and at age two he and his brother were abandoned by both parents and raised by their maternal grandparents for the next 9 years. With them, he had a wonderful family life and he and his brother were happy and well looked after. With their mother absent for so long, they came to believe that their aunt was their real mother. Pornchai was much loved by his mother’s family.

When he was 11, his mother, Wannee came to retrieve the boys. She told them that she was their mother and that she was going to take them with her to live in America, and that they would have a good life with her and her new American husband, Richard Alan Bailey. Within two weeks of arriving in Maine, Pornchai was violently sexually abused by Bailey. Wannee had unknowingly married a sexual predator and the two brothers became his victims. Pornchai ran away from home but was returned home by the police. He tried to tell them what had been happening but he couldn’t speak English and they couldn’t understand him, so he was returned to live in the home of his abuser. He had only just turned 12 years of age. It was December of 1985.

Pornchai was unable to tell his mother at that time because Bailey had threatened what would happen if he told anyone. About a week later he did tell her about the abuse and her reaction was to refuse to believe him and to punish him for telling lies. The abuse was ongoing, and Pornchai ran away again and again until eventually he had no home to return to. He became a homeless teenager on the streets of a foreign country. For several years he was in and out of juvenile detention centers, stayed when he could in the homes of friends, lived in a treehouse, under a bridge and found shelter wherever he could. He was often forced to steal food to survive. Eventually the court would punish him with detention and other penalties. He spent time in juvenile detention facilities and he had some counselling. At these facilities he formed good relationships with a lot of people but there was always some bullying and racial vilification by other students and with the emotional baggage that he was carrying, sometimes it was all too much to bear and he would become enraged. Eventually he was expelled from the school when he acted up against this abuse.

At two separate juvenile detention facilities he disclosed the abuse by his stepfather. His teachers and therapists believed him and reported the allegations to their superiors. Referring to the abuse allegation, one 1988 report to Child Protection stated:

….Totally destroyed boy’s faith in family — mother made aware — did nothing. Boy began to habitually run away — Boy terrified father will take out some type of revenge on mother.

When Pornchai was still living in Bailey’s home, his mother felt too threatened by Bailey to believe her son’s story of abuse. She then became especially hostile to him, called him names and lashed out at him in a number of ways. His home life had become highly dysfunctional and his mother was also physically and emotionally abusing him and telling him that she wished he hadn’t been born, most likely as a symptom of her own frustration and anger in living in a highly toxic environment with a violent and abusive man.

Eventually Wannee did accept that he told the truth but notwithstanding, she put much pressure on Pornchai not to discuss the abuse with anyone. She was living in fear herself.

After his expulsion from the Goodwill Hinckley School shortly before his 18th birthday, Pornchai tried to lead a normal life and get a job, finally finding work as a bus boy with a chain restaurant, but he was fired because he couldn’t provide a residential address which had been a condition of his employment.

As he lived on the streets and had received threats, he began to carry a knife for protection. At 18 years of age and after becoming very drunk one night, he went with his friend Danny Williams to a supermarket. There he got into an altercation in the parking lot. When tackled by a much larger and heavier man, in a reflex reaction he pulled the knife and Michael Scott McDowell died. It was unintentional, but nevertheless it was a terrible action for which an innocent man died. For the last 26 years Pornchai has carried with him the life of the man who died and after his conversion prayed diligently for his soul.

Whilst there is no excuse for the death of Michael Scott McDowell — I ask the reader to consider that moment when Pornchai, a small and light framed 18-year-old was tackled by a much heavier built man. Given his history of sexual assault by an older man — isn’t it just possible that mixed up with the distress of the moment there was the revulsion and terror of having a large man pin him down and take control of him? I can definitely see the connection and understand why using a knife in these drunken circumstances would have occurred.

While he was in prison and awaiting trial, Wannee visited Pornchai and pleaded with him not to mention the sexual assaults in court, as she would suffer at the hands of Richard Bailey if he did so. Against legal advice, Pornchai, fearing for his mother’s safety, refused to present any defence at trial.

 
 
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In the sentencing phase of the trial, Bailey had written to the trial judge on behalf of himself and Wannee and essentially blamed Pornchai’s situation on him getting in with a bad crowd and his difficulty in adjusting to life in America. He wrote:

As a father, who is prejudiced by love for his son, and also a former law enforcement officer that a lengthy sentence for such a young man would not serve the State of Maine, the McDowell family, or Pornchai Moontri.

That’s about as kind as he had ever been to Pornchai. He has never once visited him in prison, has written only one letter to him and even then, he merely apologised to Pornchai for being so hard on him. He has never provided any material support for him since Pornchai was arrested.

Wannee divorced Bailey in 2000. By that time, she and Bailey had relocated to Guam where they owned property. They agreed on a division of assets and court orders were made including an order that their home be sold. In February 2000 Wannee returned to Guam in order to confront Bailey about delays in the sale of the home and the payment of monies which he was supposed to pay her. Not long afterwards, Bailey reported her missing from their isolated home in Guam and the following day he reported that he found her body. Her autopsy report and death certificate note that her death was the result of a homicide. No one has ever been charged for her death.

On the night she went missing she telephoned her niece and told her that Bailey was in a rage and that if she didn’t return from Guam, it meant she had been murdered. Prophetic words…

Under the court orders Bailey was to pay certain money to Wannee beyond April 2000. It appears that the administrator of Wannee’s estate was not aware that Bailey still owed money to the Estate so the debt was not pursued. At the time of her death Pornchai was in prison so there was no one around who would have known about the court orders other than Bailey.

Following a police investigation and grand jury indictments, in early 2017 Bailey was charged with 40 counts of Gross Sexual Misconduct. The victims were Pornchai and his brother Priwan.

Knowing that there has been a criminal case against Bailey has been difficult for Pornchai over the past few years because he has had to relive the past, give statements and go over things again and again. Thank God that his cellmate is Fr Gordon MacRae who provides spiritual advice and good counsel. Fr Gordon has had a huge positive impact on Pornchai’s life. Without his continuous efforts to pursue justice and for Pornchai’s story to be made known, the truth would never have come out.

In March 2017 the Bailey case went before the Superior Court of Maine, and following a number of arraignments, the matter was before the Court September 11, 2018. On that date, Bailey formally entered a plea of nolo contendere — his attorney indicated that Bailey denied any wrongdoing but that he would not contest the charges and agreed to be sentenced by the court. The Victims Impact Statements of both brothers were read to the court and the judge was quite shaken and deeply moved by the statements. The case was adjourned to the following day, September 12.

As is common in the US legal system, the Office of the District Attorney had agreed on a plea deal with Bailey’s attorney which provided for a suspended sentence of 17 years with a probation period imposing strict conditions — but the length of such probation had not been agreed upon. However, the judge found Bailey guilty on all 40 charges and imposed a longer suspended sentence of 18 years, the whole of which would be subject to very strict probation conditions. It appears that the judge had to take Bailey’s claims of poor health into consideration (he is four years older than Fr Gordon), but also the impact of a trial on both brothers. At the hearing, Pornchai’s brother was quite visibly distraught. Despite there being no prison term for Bailey, I think that justice has been served in this case. The judge was obviously more than satisfied that Bailey is guilty and ordered a longer sentence on probation than in the plea agreement that was submitted to the court.

 
 
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The Divine Mercy Redemption

 

Over the past few years, myself and others have been planning what happens with Pornchai when he is eventually deported at the end of his sentence. Then out of the blue, a wonderful lady from Bangkok named Yela Smit contacted Fr Gordon to find out how she could help. Yela was the co-director of the Divine Mercy Apostolate in Thailand. She has since gathered a lot of support for Pornchai and offered practical assistance. We have spoken a number of times on the phone and I distinctly remember her saying to me “He’s going to have a wonderful life in Thailand, he’ll wonder why he ever stayed so long in America”. Yela’s input was invaluable. Knowing about Pornchai’s conversion and his Marian consecration — to find Yela was a Godsend as are her friends, Khun Peter in Thailand and Viktor Weyand, an American travel agent. Viktor was a co-founder of a Divine Mercy orphanage and school in Thailand, and two years ago travelled to Thailand for the priesthood ordination of the first resident of the orphanage. Viktor has since become a very dear friend to Pornchai, and he and his wife have visited Pornchai at Christmas time.

In “A Stitch in Time: Threads of the Tapestry of God”, Fr Gordon wrote about this amazing tapestry where the lives of people from all over the world touch each other, and I am proud to have been part of it. Fr Gordon wrote:

This story now connects people on five continents who have no obvious connection beyond their interest in Pornchai’s life and their immersion in the work of Divine Mercy.

People from around the world have all used their skills and life experience to help Pornchai, all being driven and guided by Heaven. We all had an important part to play and we did what was expected of us.

Pornchai’s story is a great story on so many different levels. It is a story of faith and Divine Mercy. It’s a story of great tragedy followed by a dramatic conversion, a Marian consecration and a faith filled life. It’s the story of a young agnostic child in Bangkok who became a truly holy and devout man with hope for tomorrow and who survived the most brutal prison life. He is not just prisoner number 77948 — he is a truly remarkable and unique man who will give witness and glory to God.

It’s also a story of the power of prayer and of Divine Providence. None of us could have achieved anything without help from above. All of you who have prayed and fasted and given practical assistance to Pornchai and Fr Gordon are also a very important part of the tapestry. Without faith and prayer, nothing would have been achieved. So, consider it a collective effort guided by the Lord with a lot of help from Our Lady. All of the key players who have and are helping Pornchai have a connection with Divine Mercy and are Marian devotees and we all came together to help Pornchai.

Fr Gordon has spoken about Fr Seraphim Michalenko’s involvement in Pornchai’s life. Several years ago, a friend asked me if I wanted to go to a talk by a visiting priest to be held at the home of a friend in the Perth hill in Western Australia. I had never heard of the priest before but knew that he was going to give a talk on Divine Mercy. His name was Fr Seraphim Michalenko. At the talk I found out more about St Faustina’s revelations and of the two miracles that led to the canonisation of Faustina. I even had a private chat with Fr Seraphim.

In the 2014 post, Fr Seraphim Michalenko on a Mission of Divine Mercy, Fr Gordon told us that the Felix Carroll book, Love Lost Found – 17 Divine Mercy Conversions with its chapter about Pornchai was sent by Fr Seraphim to Yela Smit in Thailand. That’s how Yela became involved. Another Divine Mercy connection is that Fr Seraphim was the director of the National Shrine of The Divine Mercy in Stockbridge, Massachusetts and he has been a visiting priest to the chapel of the New Hampshire Prison for Men and has also participated in a Divine Mercy Retreat at the prison. What are the odds that I would ever meet Fr Seraphim? — and the fact that he has a connection to Pornchai and Fr Gordon is amazing. The tapestry Fr Gordon wrote about gets more amazing by the day and I know that I will never know the full extent of it.

Pornchai will probably be in prison until at least the first half of 2021 when he will be eligible for release and once released he will be held in detention by Immigrations and Customs Enforcement. He will then be deported to his native Thailand because he is not an American citizen.

Pornchai has made the most of prison life and has received a good education and has many vocational skills. He is not bitter at all. As for his thoughts on Bailey — when asked by the Assistant District Attorney if he wanted Bailey to go to prison — Pornchai said to her, “No, I don’t want him to go to prison — I just want him to know that what he did was wrong.” Awesome! I don’t know if I could utter those words if I was in Pornchai’s position but whilst old memories will always be there, he has forgiven Bailey. He looks back on the past with great sadness, but doesn’t dwell on it and he has great hope for the future. It will be a culture shock to return to a country where he no longer speaks the language but he has new friends to meet and a career to begin.

Many people have prayed for Pornchai and continue to keep him in their prayers. Without a doubt this has helped him enormously and God’s providence has also rained down upon him.

Please keep him in your prayers and pray that he will transition smoothly into Thai life, that he will forge a good career that will make him financially independent and that he will truly find peace.

And continue to pray for Fr Gordon MacRae who in my eyes is a living saint. Without him, his tenacity and unwavering efforts to help Pornchai, this story would have never come to light.

 

 
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#MeToo and #HimToo: Jonathan Grover and Father Gordon MacRae

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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.

 
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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.
— Steven Wollschlager

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.

 
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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.
— “The Church’s Sexual Watergate,” Geraldo Show, Nov. 14, 1988

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.
— Affidavit of former FBI Special Agent Supervisor James Abbot
 
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Editor’s Note: Please share this post which could be of great importance to Father MacRae for justice in both Church and State.

 
 
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The Path of Sabrina Rubin Erdely’s Rolling Stone

A federal jury found Rolling Stone liable for defamation, and Sabrina Rubin Erdely for actual malice, but their earlier malice cost the life of an innocent priest.

A federal jury found Rolling Stone liable for defamation, and Sabrina Rubin Erdely for actual malice, but their earlier malice cost the life of an innocent priest.

At some point before or after reading this post, pay a visit to Ralph Cipriano’s “The Lying, Scheming Altar Boy Behind a Lurid Rape Casein Newsweek Magazine, published in February, 2016. My post about it is one of the most widely read and shared posts on Beyond These Stone Walls. Some readers found it infuriating. Others enlightening. But nearly all readers were shocked to learn of this story from only one humble little “new media” blog while all the once trustworthy “old media” (with the striking exception of Newsweek) blatantly ignored it.

I’ll explain why they ignored it in a moment, but I warn you in advance, the answer isn’t pretty. I reveal this true account only on a “need to know” basis — as in, “You need to know.” Before you spend another dime on a news media subscription under the guise of being kept informed, you need to know.

In an article for Newsmax magazine (“Trump Taps Into Mass Distrust,” April 22, 2016), Catholic League President Bill Donohue cited a new poll by the Media Insight Project. It was a joint effort by the Associated Press and the American Press Institute, and the results did not go well for the political and media elite.

Respondents in the survey were asked to comment on how much confidence they have in various sectors of society. I found the results fascinating. The top five sources of public trust in America are the military, the scientific community, the U.S. Supreme Court, organized religion, and financial institutions.

At rock bottom on the barometer of public trust were the very news media platforms that launched the survey. Only six percent of Americans responded that they had a great deal of confidence in the press. Members of Congress followed close behind with an embarrassing four percent.

Bill Donohue, whose academic background includes a doctorate in sociology, reported that the two most common reasons cited for widespread public mistrust of the news media are inaccurate reporting and media bias. Donohue also cited other sources that give perspective to the media survey results. In 1985, a Pew Research Center poll found that 55 percent of Americans trust the news media to “get the facts straight.” By 2011, that figure dropped by more than half to only 25 percent. In the 1985 Pew survey, 45 percent of Americans judged the media to be biased. In 2011, that figure jumped to 63 percent.

 

The Crocodile Tears of a Predatory Media

One of the clearest examples of why the media is no longer trusted can be found in an important story that became buried under all the recent election coverage. A few weeks before the election, Journalist Sabrina Rubin Erdely, a contributing editor for Rolling Stone magazine, testified under oath as a defendant in a $7.5 million lawsuit charging her with actual malice, and Rolling Stone with defamation. The lawsuit was filed by University of Virginia Administrator Nicole Eramo.

Two years earlier, Sabrina Rubin Erdely and Rolling Stone defamed Ms. Eramo and U-VA in “A Rape on Campus,” a notorious November, 2014, story. It was the shocking account of “Jackie” who claimed to be a victim of gang rape at a U-VA fraternity in 2012. The story helped launch a national debate about sexual assault on college campuses across the nation, and contributed to an atmosphere of moral panic. Draconian measures to limit the due process rights of any student so accused were set in place in response to the high profile account.

Erdely’s Rolling Stone account depicted U-VA administrators as having callous disregard for the pain and suffering of Jackie and, by extension, other victims of sexual assault. But when Erdely’s rolling stones gathered up their dirt and the dust settled on this story, a major problem slowly came to light.

Jackie’s story turned out to be a massive lie, and Erdely’s coverage of it a massive betrayal of journalistic standards. Erdely did no fact checking of her own. She just ran with the lurid and sensational account with no attempt at corroboration. In the defamation trial, Erdely drew upon the same script used by contingency lawyers against Catholic priests and bishops for two decades.

“It takes trauma victims some time to come forward with all the details,” said Erdely in dismissal of her callous disregard for the journalistic skepticism so many in the media have abandoned in favor of political correctness. It is the same necessary skepticism that journalist Joan Wypijewski described in “Oscar Hangover Special: Why ‘Spotlight’ Is a Terrible Film.”

I am haunted by the familiar ring of this story’s aftermath. Reading about Ms. Erdely’s agenda masked as journalism brought a loud and clear echo from my own trial as Judge Arthur Brennan instructed jurors to “disregard inconsistencies” in accuser Thomas Grover’s testimony.

And it recalled Keene, NH Detective James McLaughlin’s shady and unexplained coaching of accusers. [In 2022 McLaughlin was exposed on a New Hampshire Attorney General’s previously secret list of dishonest police. McLaughlin’s offense was the fabrication of records and evidence.] In a 1994 police report, he described his response to my accusers’ inconsistencies and multiple versions of the story: “I gave them a copy of MacRae’s resume to help them with their dates.” Dates that repeatedly changed, and were off by years, not days or weeks or months.

“It’s not unusual,” Erdely explained when confronted on the witness stand about her response to the ever changing details and versions of Jackie’s account detailed in the Rolling Stone lawsuit. When Jackie changed aspects of her story, Erdely never questioned her credibility, never confronted her about the discrepancies. With streaming tears, the story and the wreckage left in its wake were all Jackie’s fault. “It was a mistake to rely on someone whose intent was to deceive me.”

The jury saw this differently. Rolling Stone was found to be liable for defamation, and Sabrina Rubin Erdely for actual malice. The bar for proving defamation and malice against a journalist is steep. A jury must conclude, as it did in this case, that a media venue published what it knew to be false, or did so with reckless disregard for the truth. It was only after a multi-million dollar judgment was rendered against Rolling Stone that Erdely was removed from its Contributing Editors listing in the December 2016 issue.

 

Former journalist, Sabrina Rubin Erdely; the late Fr. Charles Engelhardt, who died in prison; newly minted millionaire Daniel Gallagher, aka “Billy Doe.”

A Media Double Standard: When Erdely’s Jackie Was Billy

One can easily detect between the lines the rest of the news media’s discomfort with this story. Moriah Balingit took it on for The Washington Post in “Rolling Stone reporter says ‘Jackie deceived her about U-VA gang rape’” (October 20, 2016).

I commend Ms. Balingit for her truthful treatment of the story, but it’s a truth reported with carefully drawn limits. My strong suspicion is that the limits on truth were not those of the writer, but of The Washington Post. The focus of the account was on this one story, and not the standards and ethics of Sabrina Rubin Erdely. There is no reason to conclude that her compromised journalistic standards began with Jackie at U-VA.

A news media in pursuit of the whole truth instead of an agenda would look at Ms. Erdely’s past work as well, but they won’t. They won’t because doing so would require delving into another Rolling Stone debacle by Ms. Erdely. It’s a story that I have suggested at the top of this post: “The Lying, Scheming Altar Boy Behind a Lurid Rape Case.”

In that story, Ms. Erdely applied her “reckless disregard for truth” to the wildly inconsistent account of “Billy Doe” told in Rolling Stone on September 15, 2011 with the title, “The Catholic Church’s Secret Sex-Crime Files.” It was a clear example of a writer’s preference for shock value over truth.

This time Ms. Erdely’s disregard for journalistic standards cost Father Charles Engelhardt — a good man and good priest — his life. He died chained to a bed in the hospital wing of a Pennsylvania prison because the news media failed in its once honored pursuit of truth. There is an explanation for why most in the news business cower from revisiting this story to look under the rolling stones cast by Ms. Erdely. The Wall Street Journal’ s Dorothy Rabinowitz, a rare and courageous “old media” voice of journalistic integrity, explained why:

“Arguing for due process on behalf of a person charged with child sex abuse violated the progressive views held by many toward crimes involving special categories of victims like women and children… [T]here [is] a school of advanced political opinion of the view that to take up for those falsely accused of sex abuse charges was to undermine the battle… It was to betray all other victims of sexual predators … Where advanced reasoning of this sort prevailed, the facts of a case were simply irrelevant.”

Dorothy Rabinowitz, No Crueler Tyrannies, p. 17-18

 

“The Story Was Killed Higher Up”

And it’s not just the press. Broadcast news is driven by the same agendas. Last year I was contacted by a correspondent for a popular cable news venue. This is a news figure with obvious integrity whose positions I trusted and still do. She had been reading Beyond These Stone Walls and invested some time in researching the story described on our “About” page. The news correspondent wrote to me asking if I would agree to an on-camera interview for what was described to me as “a few hard questions.”

I agreed, and then waited. And waited. And waited… But the hard questions were never asked. They were never asked because someone did not want them publicly answered. An acquaintance of the news correspondent told me of her disappointment that “the story was killed higher up.”

The story was killed for the same reasons The Washington Post or The New York Times will not look into Sabrina Rubin Erdely’s prior work for Rolling Stone. Hard questions will be asked, and it would be a politically incorrect affront to the media’s progressive agenda if those hard questions were answered. This would require a legitimate inquiry into the story of Daniel Gallagher — Erdely’s “Billy Doe” in the pages of Rolling Stone. It would require some integrity reborn in an “old media” venue such as The Washington Post. For too many in the news business a progressive agenda requires the suppression of truth. As I wrote earlier, you need to know.

You need to know this too. The presiding judge in the case profiled by Ms. Erdely in Rolling Stone in 2011 was by no means immune from the bias Erdely helped to shape. During the process of vetting jurors for the trial of two priests accused in that case, Philadelphia Common Pleas Court Judge M. Teresa Sarmina objected to a question posed to prospective jurors saying,

“Anybody that doesn’t think there is widespread sexual abuse within the Catholic Church is living on another planet.”

 

Survivors and Liars

A recent issue of Chronicles: A Magazine of American Culture has an article by Penn State University professor Philip Jenkins entitled “Survivors and Liars” (August 2016). It’s an analysis of the story of Lauren Stratford. Her shocking tale of childhood sexual abuse and Satanic Ritual Abuse became a fixture of 1980s tabloid journalism “including a legendary Geraldo Rivera special broadcast near Halloween in 1988” in a “Geraldo” installment called “Satanic Breeders.” The story helped launch a moral panic giving unquestioned credence to the claims of adult “survivors” of sexual and Satanic Ritual Abuse that emerge without evidence, often with claims of “repressed and recovered” memory.

Just two weeks later, Geraldo Rivera helped launch the birth pangs of another moral panic with the November 1988 airing of “The Church’s Sexual Watergate.” It featured the early wave of contingency lawyers and the nascent voices of SNAP eager to harness the news media’s developing scent for Catholic scandal.

Ryan MacDonald found a transcript of that 1988 Geraldo Show among the first documents obtained by Keene, NH Detective James McLaughlin to help defraud the Church out of a lot of money. Ryan produced a rather shocking report of his own about how that Geraldo Rivera show influenced the case against me in “A Grievous Error in Judge Joseph Laplante’s Court.”

As for Geraldo’s Lauren Stratford story, it was later exposed as a fraud thanks to a report of Bob and Gretchen Passantino entitled “Satan’s Sideshow” — described by Philip Jenkins as “a superb piece of investigative journalism.” Lauren Stratford’s shocking tale hyped on “Geraldo” was just a massive lie told by a delusional narcissist. In its wake, Philip Jenkins asks,

“Might other adult ‘survivors’ of child abuse be telling the literal truth? Certainly. But the case of Lauren Stratford should be a ringing reminder that, absent evidence, to the contrary, any one of them could be making up every word.”

 
 
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A Grievous Error in Judge Joseph Laplante’s Court

Federal Judge Joseph LaPlante dismissed without testimony Fr Gordon MacRae’s recent hope for justice. No U.S. court has allowed this defendant to utter a single word.

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Federal Judge Joseph Laplante dismissed without testimony Fr Gordon MacRae’s recent hope for justice. No U.S. court has allowed this defendant to utter a single word.

June 22, 2016 by Ryan A. MacDonald

Editor’s Note: The following is a guest post by Ryan A. MacDonald, author of “The Trial of Father MacRae: A Conspiracy of Fraud.”

I am not here to cast Donald Trump-like aspersions upon a judge whose decision I simply do not like. I have no doubt that Father Gordon MacRae would bar me from publishing here if I did. I am simply here to describe a grievous error that occurred in United States District Court in Concord, New Hampshire, and other facts that continue to trouble me greatly a year after I published an important article on this site: “Judge Joseph Laplante Denies Priest’s Appeal.”

Many people have come to believe that the 1994 prosecution and trial of Father Gordon MacRae, and subsequent appeals, have left an innocent man in prison and a gaping wound on the integrity of the criminal justice system. One issue that I and others simply cannot comprehend is that no one in this system — absolutely no one — has allowed this accused priest to utter a single word in his own defense.

After the prosecution rested its case in 1994 — with lots of theatrics but no evidence — Judge Arthur Brennan addressed MacRae directly, outside the presence of the jury. He cautioned MacRae against testifying in his own defense. If he did so, the judge warned, the door would be opened to allow other claims from Thomas Grover, his brothers, and others to come before the jury and taint its view of this case.

The public defender who minimally handled MacRae’s direct appeal in 1996 said that he was surprised by Judge Brennan’s warning, but could find no legal precedent to cite it as an appeal issue. At one point in the trial, Judge Brennan instructed the jurors to “disregard inconsistencies in Thomas Grover’s testimony.” As Dorothy Rabinowitz wrote in The Wall Street Journal, “they had much to disregard” (WSJ, “A Priest’s Story,” April 28, 2005).

In a sentencing hearing weeks after the trial, Judge Arthur Brennan sentenced MacRae to a term of 67 years in prison — more than thirty times the two-year maximum sentence proposed to MacRae pre-trial, deals that the priest rejected citing his innocence of the charges. During the sentencing phase, he was not permitted to say a single word in his own defense while the Judge berated him for observing his Constitutional right to a jury trial.

When sentencing MacRae, Judge Arthur Brennan offered some evidence and testimony of his own: “This court has heard clear and convincing evidence that you created child pornography of your victims.” In the entire trial, not a single word about child pornography was ever raised. Eleven years later, the lead detective in the case admitted to Dorothy Rabinowitz of The Wall Street Journal, “There was never any evidence of pornography.”

MacRae, in prison after the trial, was neither present nor represented by counsel as Thomas Grover and his brothers continued the fraud in civil court seeking lucrative settlements from the Catholic Diocese of Manchester. Everyone had a voice and a lawyer except Gordon MacRae.

And he was silenced yet again, not even permitted to be present, in his direct state appeal in 1996 when judges dismissed as “harmless error” the egregious testimony of a psychological expert that should not have been admitted at trial while MacRae’s defense was allowed no expert. As Innocence Project founders, Attorneys Barry Scheck and Peter Neufeld described in their book, Actual Innocence  (Random House 2000):

For an innocent person, the two most dangerous words in the language of the law are ‘harmless error.’ These are the magic words that appellate courts use to absolve police officers and prosecutors of misconduct.
— Actual Innocence, p. 172
 
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“Especially a Catholic Priest”

There was a lot to absolve. As The Wall Street Journal’s Dorothy Rabinowitz described (see “The Trials of Father MacRae,” May 13, 2013): “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.” I exposed some concrete examples of those perversions of justice in “The Trial of Father MacRae: A Conspiracy of Fraud.”

It is an inescapable fact of injustice that from 2012 to 2015 three additional judges and courts heard motions to revisit this trial, but dismissed them without permitting a single word of testimony from defendant Gordon MacRae or any of the witnesses who have come forward, some quite courageously.

On March 17, 2015, Judge Joseph Laplante heard oral arguments from attorneys Robert Rosenthal and Cathy Green representing the imprisoned priest, and Assistant Attorney General Elizabeth Woodcock for the prosecution. Neither Father MacRae nor any of the newly presented witnesses in this case were present, nor was any of their testimony heard. The arguments took just under two hours, a flash in time compared to the twenty-two years MacRae has thus far spent in wrongful imprisonment. On March 25, 2015, Judge Laplante dismissed the habeas corpus petition from going forward. There was to be no further hearing on testimony, merits or evidence.

Additionally, Judge Laplante declined to grant a Certificate of Appealability to bring this matter to the First Circuit Court of Appeals. This had the effect of forcing MacRae to fund an added appeal of the denial of a Certificate of Appealability. One full year later, in April of 2016, the First Circuit Court of Appeals declined to reverse the decision not to allow a further appeal. I held my pen until that decision was rendered.

I do not want to use limited space here to rehash what I wrote in “Judge Joseph Laplante Denies Priest’s Appeal.” I hope that after reading this article, you will go back to read it for yourselves for it lays out all the reasons why I believe this outcome to be an abuse of judicial discretion. Denying the Certificate of Appeal had the effect of bankrupting the defense of a man who has spent twenty-two years in prison for crimes that most observers today conclude never took place.

 
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The Grievous Error

However, none of that addresses the error that I am here today to address. I have spent considerable time reading a transcript of that hearing and Judge Laplante’s ruling. A significant part of both troubled me greatly, and I know that it troubled Father MacRae as well. It simply did not concur with MacRae’s memory of this case, and his memory, according to Dorothy Rabinowitz, is “encyclopedic.” The error involves a point that was heavily stressed by Judge Laplante in both the transcript and his dismissal order. I will begin with the transcript. The speaker is Judge Laplante:

Now, leaving [Thomas] Grover’s credibility aside, nothing that [new witnesses] say undermines what seems to be a very important piece of evidence in the underlying criminal trial which is that when [James] McLaughlin, a detective from Keene, confronted MacRae with these accusations, he didn’t deny them. He had a very unusual response, basically quibbling with [Detective] McLaughlin over the proper terminology to apply to a person who is sexually attracted to children under 14 or 15. I don’t even remember the terms right now, but he basically corrected the detective for using the word pedophile. He came up with a more correct term — a more precise term. Whether that was even correct is debatable. But it was a very unusual response. It wasn’t a denial. It wasn’t the type of conduct that one would expect one to undertake when accused in that way. Especially a Catholic priest … MacRae did not react in a manner one would expect of an innocent person.
— T: 51-52

Now, the excerpt above reflects just two paragraphs of a 70-page court transcript, but it was an extensive part of the reasoning behind Judge Laplante’s two-page decision dismissing the federal habeas petition. What Judge Laplante described above is a claim that Detective McLaughlin confronted Father MacRae about the charges involving Thomas Grover, referred to MacRae as a “pedophile,” and then instead of simply denying it, MacRae supposedly corrected McLaughlin by telling him that the correct term is “hebophile.”

There is just one major problem here. It never happened! Detective James McLaughlin never once “confronted MacRae with these accusations,” nor did any of what Judge Laplante refers to above have any connection with the case at hand. This is an egregious perversion of justice.

When I read this I was very troubled. Father MacRae has been confined in a 96-square-foot cell for twenty-two years with very limited access to documents in this case and no access to online research. As the above scenario surfaced, his lawyers sent him a statement to sign stating that he never made any such admission to Detective McLaughlin, but “told him that someone who might be attracted to someone Grover’s age would be an ‘phebophile,’ not a ‘pedophile.’ “

MacRae was troubled because he has no memory of McLaughlin ever discussing any aspect of the Thomas Grover case with him. He simply assumed that someone (his own lawyers? the prosecutors?) who have access to transcripts, must have found such a reference somewhere.

But they did not. No such reference exists. In the case for which Father MacRae was indicted and faced trial, McLaughlin and the prosecutors brought secret indictments. This priest first learned of the very existence of this case on the night of May 5, 1993, the night that police showed up at his door to arrest him on charges that were then over a decade old. He had no subsequent or even previous discussion about these charges with McLaughlin.

So what is going on here? When I got to the bottom of it, the truth was spine-chilling in its gross manipulation of this defendant, but it had no connection whatsoever with Thomas Grover’s charges or this trial or the appeal of this case. Bear with me, please, for this is indeed a complex account.

 
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Whack-a-Mole Justice Holds Court

In 1988, a full five years before Thomas Grover and his brothers concocted their scheme to accuse Gordon MacRae, Keene, NH sex crimes Detective James McLaughlin targeted a number of Catholic priests who had lived and worked in the Keene area. One of them was Father MacRae who was assigned in Keene from 1983 to 1987. In 1987 and 1988, on a leave from parish ministry, MacRae was Executive Director of a regional chemical dependency treatment center near Keene, and in 1989 he became Director of Admissions for the Servants of the Paraclete facility for troubled priests in Albuquerque, NM.

No one had come to Detective McLaughlin with a complaint about MacRae. He launched an exhaustive investigation based on a letter from state social worker, Sylvia Gale, claiming that MacRae was once a priest in Florida where he “molested two boys, one of whom was murdered and his body mutilated.” Dorothy Rabinowitz wrote about that contrived and slanderous account in “A Priest’s Story” (WSJ, April 27, 2005). The Florida story had no basis in fact. MacRae had never been a priest in Florida nor had such a crime ever occurred there. The social worker’s claimed source was an official of the Diocese of Manchester who later denied it. For Detective McLaughlin, however, it became probable cause to launch a moral panic.

On September 19, 1989, Father MacRae received a telephone call from his sister in the Boston area. Upset and angry, she informed him that she received a call from Detective McLaughlin in Keene who told her that he was investigating MacRae for creating pornographic photographs of Keene youths. She gave her brother the number that McLaughlin left, and of course, knowing there was no truth to the claim, the priest called that number.

This was all set up in advance. That particular telephone line into the Keene Police Department was automatically recorded so McLaughlin was not required to obtain a warrant to call and record the priest. A warrant would require evidence, and there was none. This was a fishing expedition. In this telephone call, McLaughlin accused MacRae of taking pornographic photos of 15-year-old Jon Plankey who was later described by McLaughlin as an employee of his in “a family owned business.” It was also later discovered that McLaughlin and Plankey had made similar claims against three others, one of them Timothy Smith, a local Protestant church choir director who was charged and pled guilty.

MacRae vehemently denied the claim. He did not know he was being recorded, but at some point he invited McLaughlin to search his earthly possessions which were still stored in New Hampshire. McLaughlin declined to search anything, but stated that Plankey’s claims would become part of a lawsuit against the Diocese of Manchester. MacRae insisted that no such photographs were ever taken and do not exist. He asked McLaughlin why he isn’t even interested in searching for them. The detective reportedly replied, “Because I know there will be nothing there. You probably gave them to another priest.”

The detective wrote a report about this telephone conversation. It was report file number 89-12196 dated September 19, 1989. In that report, McLaughlin wrote that he recorded the conversation. His report claimed that he and Jon Plankey listened to the tape together, and that “a transcript will be made of this tape.” MacRae states (above) that McLaughlin said, “You probably gave [the photographs] to another priest.” If true, McLaughlin omitted this from his report, but it would have been present on the tape and transcript. So, where are they? And where are the condemning photographs?

Also in that report, McLaughlin wrote that he asked MacRae if he is a “pedophile.” His report claims that MacRae corrected him saying, “the correct term would be ‘hebophile.’” MacRae says he has never even heard of this word. I have found a reference to that word in only two places: McLaughlin’s 1989 report, and a transcript of a 1988 Geraldo Rivera Show faxed to McLaughlin (described below).

Among the many people McLaughlin approached in 1988-1989 looking for someone to accuse MacRae were members of the Grover family. Their mother, Patricia Grover, was then a social worker for the state agency that investigates child abuse cases, a position in which she interfaced often with Detective McLaughlin and with Sylvia Gale, author of the bogus Florida letter. His 1988 report indicated that Mrs. Grover would interview her three adopted sons, Thomas, David, and Jonathan Grover, all in their early twenties. None voiced a complaint about MacRae. Five years later, when the prospect of money loomed, all three changed their minds at the same time. Demonstrating the role that expectations of money played in this case, there is hard evidence that McLaughlin conducted some of his investigation from the office of Attorney Robert Upton, Thomas Grover’s contingency lawyer.

In 1993, as MacRae prepared for trial in the Thomas Grover case, state prosecutors were required to turn over all police reports related to the priest. MacRae was shocked to learn of a vast 72-page 1988 report and the 1989 report of the taped phone call with the “hebophile” claim.

When Thomas Grover accused MacRae five years later in 1993, prosecutors attempted to introduce into the trial the Plankey claim from 1989 as so-called “404-B” evidence of “other bad acts.” The defense filed a motion to obtain the recordings referred to in McLaughlin’s 1989 report. Judge Arthur Brennan ordered the state to turn over all recordings that McLaughlin claimed in reports to have made. McLaughlin wrote in a sworn statement that the tapes were lost due to having been “recycled.” Judge Brennan also ordered him to turn over the transcript of the 1989 recording. McLaughlin claimed that due to a clerical error the transcript was never made. The 1989 tape recorded conversation detailed herein is well documented (see USDC-NM 1504, §§ 28-32).

I can only conclude today that McLaughlin knew the recording contained his comment, “You probably gave [the lewd photos] to another priest,” a statement that would have unmasked a vile prejudice that would have weighed heavily in the trial. So the recordings disappeared. So did the so called “404-B” evidence.

Eleven years after this trial, after claiming repeatedly and under oath that all the tape recordings of MacRae that McLaughlin referenced in his reports were “recycled” and cannot be produced, the detective mailed one of them to Dorothy Rabinowitz at The Wall Street Journal. It contained 45 minutes of Father MacRae sounding bewildered by the lurid accusations aimed at him, and his reference that he should talk to a lawyer, a request McLaughlin claims the priest never made.

This issue of tape recordings is very suspicious and has never been explained. McLaughlin claimed to have taped three phone conversations with MacRae, without his knowledge, and though there was no evidence obtained, McLaughlin attributed remarks to MacRae that the priest says he never made. Then all the tape recordings disappeared. The only witnesses to their existence or content are the detective and the priest. So why do the courts believe one over the other? Further, it seems that it was McLaughlin’s practice to tape record all conversations with accusers, but in this one case he produced not a single tape recording of any interview with the Grover brothers. In every other case of this sort he meticulously created recordings and preserved them as evidence. In some cases, including a claimant against another priest, McLaughlin arranged a polygraph for the accuser. None of this happened in the MacRae case. It should be noted here that MacRae himself underwent two voluntary polygraph examinations and passed them both.

There is more. It seems that the source of the “hebophile” term for which Judge Joseph Laplante dismissed MacRae’s petition may have been McLaughlin himself. Among the discovery obtained from the 1989 report about Jon Plankey’s claims of pornographic photos was a transcript faxed from the Geraldo Rivera Show to the Keene Police Department on November 14, 1988. The pages of the transcript were labeled by prosecutors in the discovery material as E-326 through E-331.

The topic of the “Geraldo” transcript that became part of Detective McLaughlin’s file was “The Church’s Sexual Watergate.” It contains this passage that someone at either Keene Police or the prosecutor’s office underlined and marked with a bold asterisk before sending it in pre-trial discovery in 1994. The transcript has nothing to do with the MacRae case, nor was he ever a part of it. It details a conversation between Geraldo Rivera and “Roland Lewis, Attorney for Church sex abuse victims”:

Geraldo: “Did there come a time, sir, when this priest was recognized to be a pedophile by the church and was taken to St. Luke’s Institute to be treated?”

Mr. Lewis: “They sent him to St. Luke’s Institute. He was kept there 12 weeks. During that time it was determined, according to their medical records, that he was a homosexual. We finally were able to obtain copies of those medical records. We have had them evaluated. They establish without question that he is a pedophile and a hebophile.”

Geraldo: “What’s a hebophile?”

Mr. Lewis: “It’s an abuser of adolescent children.”

Geraldo: “I thought that’s what a pedophile was. Help me.”

Mr. Lewis: “The preadolescent is primarily a pedophile. The adolescent is a hebophile.”

I wrote of this same transcript, and the role it played in the MacRae case, in “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?” It seems that someone has lifted the supposed 1989 telephone conversation between Father MacRae and Detective McLaughlin — mired in suspicions of misconduct over missing tapes and transcripts — implanted it into the unrelated trial involving Thomas Grover, then used it twenty-two years later to deny access to justice in Father MacRae’s appeals. If this is the state of criminal justice, it is only half right. It is criminal. But it isn’t justice.

 
Saint Thomas More returning the Livery Collar of his office and fealty to King Henry VIII

Saint Thomas More returning the Livery Collar of his office and fealty to King Henry VIII

What Would Saint Thomas More Do?

On September 13, 2012, a full year before MacRae’s habeas corpus petition came before Judge Laplante, the annual “Red Mass” for the legal and law enforcement community took place at Saint Joseph Cathedral up in the Diocese of Manchester, New Hampshire. It was officiated by The Most Reverend Peter A. Libasci, Bishop of Manchester. Following the Mass, Bishop Libasci was a guest of honor as the New Hampshire Catholic Lawyer’s Guild held its annual awards dinner at the Radisson Hotel to honor the 2012 recipient of the St. Thomas More Award.

According to the Catholic Lawyer’s Guild invitation, the award is bestowed upon a Catholic lawyer or judge “who embodies the spirit of St. Thomas More in courage, dedication, integrity, civility, and compassion toward others.”  On September 13, 2012 the St. Thomas More Award was presented by Bishop Libasci and the Catholic Lawyer’s Guild to The Honorable Joseph N. Laplante.

Saint Thomas More would have heard all sides. He would not, as so many have done, simply assume a priest’s guilt. He would not have made comments like “especially a Catholic priest.” He would not have presumed the existence of evidence he had never seen nor heard for himself. He would have gotten to the truth of the matter before tossing the case off his desk. He would not have allowed the continued judicial railroading of an innocent man.

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ADDENDUM JANUARY 26, 2022:

Police Misconduct: A Crusader Cop Destroys a Catholic Priest

Keene New Hampshire sex crimes detective James McLaughlin developed claims against a Catholic priest while suppressing exculpatory evidence and coercing witnesses.

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For more information on this story, please read these other articles by Ryan A. MacDonald:

The Trial of Father MacRae: A Conspiracy of Fraud

The Prison of Father MacRae: A Conspiracy of Silence

The Post-Trial Extortion of Father Gordon MacRae

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

 
 
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Gordon MacRae Vincent Sanzone Gordon MacRae Vincent Sanzone

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.

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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]
— ”Friedman v. Rehal”, 618 F.3d 142, 155, 158 (2 Cir. 2010).

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.

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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).

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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.

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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.

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