Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo

Before he was himself accused New York Governor Andrew Cuomo signed into law a window in the civil statute of limitations spawning claims against a Catholic bishop.

August 25, 2021

Back in 2010, I closely followed a story that appeared in most national news media outlets. It was about Bishop Eddie Long, a well-known preacher, TV evangelist, and pastor of a Baptist mega church in Georgia. He was accused of sexual assault in multiple lawsuits brought by three young adult males.

Unlike in nearly all similar claims against Catholic clergy, all three of the men, barely out of their teens, opted to allow their names to appear in media coverage. The story unfolded in stark contrast with similar claims against Catholic priests in other ways as well. Lawyers and victim advocates have explained away the sometimes decades-long gaps that have comprised 70-percent of the claims against priests. It is routinely claimed that accusers of Catholic clergy — the vast majority of whom were teens at the time of an alleged offense — may require decades to come forward due to the trauma inflicted on them. In contrast, the three young men accusing Bishop Eddie Long filed lawsuits within two years.

Bishop Long denied that the claims were true. Criminal charges were never filed so the claims were not investigated. The story came down to his word against theirs. When The Wall Street Journal published a 2010 account of Bishop Long’s vow to fight these claims, it was among the five most-read stories of that week at WSJ.com. Clearly, many in the news media presumed at first reading of the headlines that he was a Catholic bishop. The decision to fight the claims rather than simply settle thus stood out as a news story of its own.

In the end, however, Bishop Long and his congregation decided to settle the claims for an undisclosed sum in 2010. No one questioned their assertion that settlement of such claims is common and in no way should be seen as an admission of guilt or culpability. Beyond Bishop Long’s congregation, there were no deeper pockets to pursue. He simply resumed his ministry as though nothing had ever happened.

This could never happen when the accused is a Catholic priest. It was once explained to me by another bishop, Most Rev. John B. McCormack, formerly Bishop of Manchester, NH, that one of the hard lessons of the Catholic clergy abuse narrative is the fact that once a priest is accused, his legal interests and those of his bishop and diocese diverge. When I maintained my innocence against lawsuits that I knew were fraudulent, I was dropped as a defendant so I no longer had standing to challenge settlements.

The New Hampshire statute of limitations for lawsuits was six years then. (In 2020 the civil limitation statute was removed entirely.) The allegations against me were from twelve years earlier. My defense against the claims was that they never took place. The sole argument of my diocese was that the statute had expired so the lawsuits should be time barred. Judge Carol Ann Conboy ruled in Merrimack County Superior Court that the six-year statute begins to toll “only when a victim becomes aware” of a connection between a claim of abuse and a current injury.

My diocese opted to settle rather than appeal that dubious lower court precedent which has since evolved into a pattern of unquestioned mediated settlements in other claims against priests going all the way back to 1950. In many cases no lawsuit was even filed. In his once published resume, former Msgr. Edward J. Arsenault (now Edward J. Bolognini) claimed that he personally negotiated 250 settlements in allegations against NH priests.

Of interest, one NH lawyer told the news media that he personally obtained 250 settlements in claims against NH priests. In a 2002 media report he added,

“During settlement negotiations, diocesan officials did not press for details such as dates and allegations for every claim. ‘I’ve never seen anything like it,’ [Attorney Peter] Hutchins said.”

— Mark Hayward, NH Diocese Will Pay $5 Million to 62 Victims, NH Union Leader, November 27, 2002

Manchester Bishop Peter A. Libasci

Misuse of the word, “credible” has been a source of injustice in the U.S. Church since 2002. Prior to the events described above, Bishop John McCormack told a lawyer and a media producer that he believed I was falsely accused and wrongly imprisoned. His statements were documented in a pair of independently sworn affidavits in 2001.

In 2002, after the USCCB adopted the Dallas Charter and “zero tolerance,” claims against me entered a category used by all bishops since. Once money changed hands, they became “credible.” I wrote of the fallout in “Our Tabloid Frenzy About Fallen Priests.”

What the bishops collectively mean by “credible” is not a standard of justice used in any other circumstance. It means no more than “possible.” If a priest and an accuser lived in the same parish or community 30, 40, 50 years ago, then a sexual abuse claim against the priest is “credible.” It is deeply unjust that bishops continue to use that term while knowing that the public and the news media wrongly interpret it as “substantiated.”

There has been a point of contention with my current Ordinary, Bishop Peter A. Libasci. In 2019, while under no pressure from anyone to do so, he published the names of 73 priests of this one diocese who, he says, were “credibly” accused. Many are deceased. This resulted in a pair of pointed articles by Ryan A. MacDonald: “In the Diocese of Manchester, Transparency and a Hit List,” and “Our Bishops Have Inflicted Grave Harm on the Priesthood.”

Now Bishop Libasci has himself been “credibly accused.” On July 22, 2021, the New Hampshire Union Leader newspaper, in an article by Mark Hayward, reported, “NH Bishop accused of sexual abuse by an altar boy decades ago.” Whatever differences I have had with Bishop Peter Libasci and his published list, I was and am deeply saddened by this development. The accusation stems from 1983, the same year as the accusations against me. The lawsuit, filed in Suffolk County, New York, alleges that then Father Peter Libasci sexually assaulted a boy aged 12 to 13 “on numerous occasions” at a parish and Catholic school in Deer Park in the Diocese of Rockville Center, New York.

Bishop Libasci maintains through counsel that he is entirely innocent of these claims. I believe that he is in fact innocent. I do not find the claims to be credible at all, but I do not use that term in the same manner the bishops use it against priests. I will get back to this.

One of the claims from the now unnamed 50-year-old accuser is that he was assaulted in the sacristy while setting up for a Mass. That has all the earmarks of a “copycat” claim that is almost verbatim a claim in a different but much more notorious New York case, that of former Cardinal Theodore McCarrick. No one who knows Bishop Libasci could or should conclude that these claims are at all credible. It would be a grave injustice if such claims prevail without clear evidence.

However, that also leaves the matter in a conundrum. If that accuser lived in Deer Park, New York and attended that parish or school at the time Bishop Libasci was there, then this is more than enough for his fellow bishops to conclude — as they would in the case of any similarly accused priest — that the claims are “credible.” Bishop Libasci has not, at this writing, been removed from ministry by the Vatican. As unjust as that would be, any priest in the same circumstance would have been removed immediately.

Former New York Governor Andrew Cuomo

This is happening to Bishop Libasci and others with roots in the State of New York because in 2019, New York Governor Andrew Cuomo promoted and ultimately signed a bill that opened a window to allow civil claims to be filed even if they had been time barred by the statute of limitations. The window in which these claims could be filed expired on August 14, 2021. The Catholic bishops of the state of New York knew well what the result would be so they opposed the unjust bill.

Before signing it into law, Governor Cuomo accused the bishops and other Church officials of threatening politicians who did not support their opposition to the bill. In response to similar bills that were not passed in previous efforts, Cuomo said, “I believe it was the conservatives in the Senate who were threatened by the Catholic Church, and this went on for years.” Catholic League President Bill Donohue pointed out in “Cuomo Had A Different Standard for Priests,” Catalyst, April 2021,

“When teachers’ unions oppose a bill, it is called lobbying. When bishops oppose a bill, it is called a threat. Cuomo’s double standard, and his animus against the Catholic Church, could not be more plain.”

— Dr. Bill Donohue

Governor Cuomo also promoted and signed a June 2020 bill that set a very low bar as a standard of evidence in claims of sexual abuse or harassment in the workplace. The New York Times reported that the legislation eliminates the state’s “severe or pervasive” standard. When signing the bill into law, Governor Cuomo said,

“The ongoing culture of sexual harassment in the workplace is unacceptable and has held employees back for far too long. This critical measure finally ends the absurd legal standard for victims to prove sexual harassment in the workplace and makes it easier for those who have been subjected to this disgusting behavior to bring claims forward.”

— Governor Andrew Cuomo, June 2020

I once wrote a post entitled, “Be Wary of Crusaders! The Devil Sigmund Freud Knew Only Too Well.” It documented multiple stories of crusaders against sexual abuse who turned out to be guilty of the same sorts of offenses they were crusading against. It was the result of a combination of forces within the psyche in the form of two classic defense mechanisms described by the Father of Psychoanalysis, Sigmund Freud. From recent news accounts of his resignation to avoid a pending impeachment, Governor Cuomo seems to have been a textbook case for this.

As accusation after accusation emerged against Cuomo, he insisted on a presumption of innocence and his due process rights. He responded to the allegations with, “You can allege something. It might be true or it might not be true. You may have misperceived. There may be other facts.” All true, but when it came to allegations against priests — whether in the present or in the distant past — innocence was never a possible conclusion. As Catholic League President Bill Donohue observed in the link above,

“Cuomo showed no respect for the due process rights [of priests]. He was happy to sign legislation that gave rapacious lawyers out to sue the Church all the leeway they wanted.”

— Dr. Bill Donohue, Catalyst, April 2021

This is the Pandora’s Box our bishops opened with their use of the term, “credible” as a standard of evidence for removing priests. The current claims against Bishop Peter Libasci arose only because Governor Andrew Cuomo signed into law in New York a bill that takes advantage of the lowest possible standard of evidence to score lucrative windfall settlements from the Catholic Church.

According to the standard our bishops have adopted, however, those claims are as “credible” as many of the claims against the priests on Bishop Libasci’s published list. I would like to believe that Bishop Libasci may now, in hindsight and humility, rethink his decision to publish that list. Injustice, however, is often a bell that cannot be unrung.

Nonetheless, absent compelling evidence — and so far there is none — I firmly believe Bishop Peter Libasci is entirely innocent. I hope and pray that his good name is restored and he is delivered from this injustice.

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Update by Editor — September 8, 2024: In July 2024 it was announced in news media that the accuser of Bishop Peter A. Libasci has died in Rockville Centre, New York. The cause of death has not been public, but he would have been a man in his mid-fifties. This sadly leaves the case against Bishop Libasci unresolved both civilly and canonically.

Since then, the Diocese of Manchester under Bishop Libasci has revised its policy regarding accusations against Catholic clergy. Bishop Libasci has approved a new standard to be applied to cases of accusations against priests. The “credible” standard has been discarded within this Diocese. Now any priest merely accused, from however long ago, substantiated or not, will be removed from ministry and his name added to a public list of the accused. The Diocese has announced that financial compensation for all accusers will be arranged by “trauma-informed consultants.” This new standard will apply to all diocesan personnel, except apparently, Bishop Libasci himself.

To Fleece the Flock: Meet the Trauma-Informed Consultants

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Note from Father Gordon MacRae: Please share this post. Please also pray for a just outcome for Catholic priests falsely accused, and for legitimate victims of sexual abuse and exploitation. Let us remember as we walk through this minefield that we are a Church.

You may also like these relevant posts:

In the Diocese of Manchester, Transparency and a Hit List by Ryan A. MacDonald

Our Bishops Have Inflicted Great Harm on the Priesthood by Ryan A. MacDonald

A Weapon of Mass Destruction: Catholic Priests Falsely Accused by Father Gordon J. MacRae, LinkedIn Pulse

Accused Priests Deserve Better by Catholic League President Bill Donohue (Catalyst, March 2020)

Bogus Charges Against Priests Abound by Father Michael Orsi, Ed.D., Ave Maria School of Law

Wrongful Convictions: The Other Police Misconduct

A new article by Ryan MacDonald, linked herein, spotlights police detective James F. McLaughlin who orchestrated the wrongful conviction of Father Gordon MacRae.

March 24, 2021

I read somewhere that the State of New Hampshire — the “Live Free or Die” State — has this nation’s second highest percentage of prisoners over the age of 55, second only to West Virginia. To be certain, the offenses that put most of them in prison did not occur at age 55, however. New Hampshire is also one of only three states with a “Truth in Sentencing” law. In effect it means there is no avenue to reduce a prison sentence based on rehabilitation.

I admit that I do have a vested interest in this subject. I will be 68 years old on April 9th. I was 29 when my fictitious crimes were claimed to have taken place. I was 41 when I was sent to prison for them. I could have been set free at age 43 had I actually been guilty or willing to pretend so.

I have already learned the hard way that growing older in prison is its own special cross. I severely sprained my right knee early this month. I’m not exactly sure how or why it happened. I awoke one morning with a painful knee. At almost age 68 in my 27th year in prison, that is not at all unusual. But me being me, I just ignored it. Later that morning I had to go to the commissary to pick up food and hygiene supplies that I ordered a week earlier.

The pickup process can be a little daunting. After 23 years in a place with very little “outside,” I love living on the top floor in a place where I can step out onto a walkway and see above prison walls into the forests and hills beyond. But this also involves stairs. Lots of them. Among the items I had ordered that day were a supply of bottled water because I had become a little dehydrated. My net bag was substantially heavier than usual.

Leaving the commissary, the walk across the long walled prison yard was no problem. The series of ramps to the upper levels left me huffing and puffing just a bit. But the final leg involves carrying the heavy bag up eight flights of stairs — 48 in all. Just a few steps from the top that day, my knee exploded. Now I use a cane — temporary, I hope — and a knee brace and lots of ice.

Police Brutality Is Overblown, but Not This

I have read that one of the common traits of the wrongfully convicted in prison is that they simply cannot let go of the injustice that befell them. For me, this injustice is as vividly felt today as it was on September 23, 1994.

But there comes a point at which it is no longer even about freedom. When freedom suddenly comes to a man who has spent more than a quarter century in prison, then freedom itself becomes an intimidating affair. We have seen this faced head-on in some recent posts about my friend, Pornchai Moontri. His imprisonment came to an abrupt end after 29 years on February 24, 2021.

Pornchai went to prison at age 18 after years forced into homelessness. Freedom brings lots of firsts for him. He has never driven a car, for instance, and has no frame of reference for how that would feel except to feel scary. I told him that driving became second nature to me as it will one day for him as well.

If I ever regain my freedom, I will likely find it to be less new and intimidating than Pornchai did at first, but I try not to set myself up for disappointment by thinking about it too much. However, being deprived of justice still remains a gnawing insult to both my psyche and my soul. I cannot help but ponder this and it has never relented. After 27 years it still leaves me fending off bitterness and resentment. Justice and freedom were stolen from me by a dishonest police officer.

I find it strange, but just and merciful, that even after more than 26 years unjustly in prison, people are still writing about it. In a thoughtful pair of posts written in France, Catholic writer Marie Meaney arrived at some boldly incisive conclusions after doing substantial research. Both are available in English at her blog, Cheminons avec Marie qui défait les nœuds (“Let Us Walk with Mary Who Unties the Knots”). Marie’s first article published in June 2019 was “Untying the Knots of Sin in Prison.” It was mostly about my friend, Pornchai Moontri, and how the knots of abuse were untied for him through a team effort.

Marie Meaney’s second article, published in November 2020, was a model of thoughtful, honest research. Its understated title was simply, “A Priest Unjustly Imprisoned.” It strikes me as highly ironic that most American Catholic writers — with the bold exception of Catholic League President Bill Donohue — go to great lengths to avoid any mention of this story lest they be targeted by the cancel culture crowd for whom questioning a claim of victimhood is a mortal sin. Meanwhile in France, a nation known for its anticlerical Catholic culture, my story is told with guns of truth blazing. Here is an excerpt from her excellent post:

“This same man had been accusing so many people of sexually abusing him ‘that he appeared to be going for some sort of sexual abuse victim world record’ according to (Thomas) Grover’s former counselor, Ms. Debbie Collet, who said that Grover never mentioned Fr. MacRae during their sessions — though pressure had been put on her by the Keene (NH) police to alter her testimony. This small, 20,000 inhabitant town had been assigned a detective, James F. McLaughlin, to uncover sex abuse cases.”

— "A Priest Unjustly Imprisoned," by Marie Meaney

Please do not misunderstand me here. I am very much pro-law enforcement. I do not at all subscribe to the left’s notion that police brutality has been rampant in America. Hyped-up exceptions must not overcome the rule of law. You may be surprised to learn that most prisoners believe this as well. In the heat of the political left’s promotion of anti-police policies in 2020, I wrote of the danger this represents in “Don’t Defund Police. Defund Unions that Cover Up Corruption.”

Detective James F. McLaughlin

Marie Meaney was correct in her assertion that between 1988 and 1993, the time in which much older claims against me were probed, the City of Keene, New Hampshire, with a population of about 22,000 then, had a full-time sex crimes detective named James F. McLaughlin. He is now mercifully retired. A 2003 Boston Sunday Globe article by Carlene Hempel (“Hot Pursuit,” Nov. 23, 2003) described him as a detective who “focuses specifically on men interested in boys.” The news media, especially The Boston Globe, has since then gone to great lengths to separate the Catholic sexual abuse narrative from having anything to do with homosexuality.

Carlene Hempel reported that McLaughlin separated himself from his initial involvement with ICAC, the “Internet Crimes Against Children” Task Force. Instead, he decided to go it alone, but Hempel avoided writing about why. She infers something, however, in an interview with a former ICAC police trainer who spoke of McLaughlin more generically:

“Cops who ... operate outside the ICAC system put some people at risk. ... You can’t be posing as a 15-year-old and throw something out like, ‘I’m really questioning my sexual orientation and I wonder if someone out there can help me with that.’ That’s really leading, and in my opinion, entrapment.”

— Police ICAC trainer

It was some time after my 1994 trial that McLaughlin took up the cause of Internet crimes. He made 1,000 arrests luring men to Keene, NH from other states in a process that many described as entrapment. In The Boston Globe article, McLaughlin said in his own defense that no judge has ever said that he has gone too far. That did not remain entirely true. In 2005, a federal judge reprimanded McLaughlin for sending child pornography to an online subject of his entrapment effort. At the time, McLaughlin’s supervisor said one of the scariest things I have ever heard from law enforcement. He told a reporter for The Concord Monitor, in an article that has since disappeared from the Internet, that, “It’s our job to ferret the criminal element out of society.”

Detective McLaughlin’s focus on Internet crimes involving men and teenage boys came well after the case he built against me. It is interesting that in her article from France, Marie Meaney mentioned my accuser at trial, Thomas Grover, who in the end was awarded close to $200,000 from the Diocese of Manchester for his easily identifiable lies. The problem with an accuser’s lies in the hands of a crusading sex crimes detective, however, is that they are easily covered up by finding witnesses willing to corroborate the accuser’s story. There were none here to be found, however. Consider this excerpt from a sworn statement of accuser Thomas Grover’s therapist, Debbie Collett:

“Thomas Grover never revealed to me that Gordon MacRae perpetrated against him. Mr. Grover spent a great deal of time being confronted (in therapy) for his dishonesty, misrepresentations, and unwillingness to be honest about his problems. Thomas Grover did reveal that he had been sexually abused, but named no specific person except his foster father. When asked if he meant Mr. Grover, he responded ‘yes, among others ...’ He accused so many people of sexual abuse that we thought he was going for some sort of sexual abuse victim world record. But he never accused Fr. MacRae.”

— Sworn statement of Debbie Collett

Of her experience with Detective James McLaughlin and his pre-trial investigation, Ms. Collett wrote:

“I was contacted by Keene Police detectives McLaughlin and Clarke ... I was uncomfortable with (the) repeated starting and stopping of the tape recorder when my answers to their questions were not the answers they wanted to hear ... I confronted them about this and their treatment of me which included coersion, intimidation, veiled and more forward threats of arrest ... McLaughlin said that he would personally come to my home, drag me out of it bodily if necesary, and force me to testify despite my information to him ... They presented as argumentative, manipulative, and threatening me via use of police power to get me to say what they wanted to hear.”

— Sworn statement of Debbie Collett

Perhaps the more important part of Debbie Collett’s statement is her assertion that it was recorded. Under court rules, the prosecution was required to turn over to the defense all material including any recorded interviews. Despite repeated references to tapes in police reports, however, none were ever provided. The recording of McLaughlin’s interviews with Debbie Collett simply disappeared.

In the article linked at the end of this post, Ryan MacDonald raises the issue of recorded interviews.

“Unlike his protocols in nearly all other cases, Detective McLaughlin recorded none of his interviews with claimants in the MacRae case. A reason for the absence of recorded interviews may become clear from a statement of Steven Wollschlager, a young man who accused MacRae during one of McLaughlin’s interviews, and then recanted, refusing to repeat his accusations to a grand jury. From his sworn statement:

’In 1994 before [MacRae] was to go on trial, I was contacted again by McLaughlin. I was aware at the time of the [MacRae] trial, knowing full well that it was all bogus and having heard all the talk of the lawsuits and money involved, and also the reputations of those making the accusations. ... During this meeting I just listened to the scenarios being presented to me. The lawsuits and money were of great discussion and I was left feeling that if I would just go along with the story I could reap the rewards as well.

’McLaughlin asked me three times if [MacRae] ever came on to me sexually or offered me money for sexual favors. [He] had me believing that all I had to do was make up a story about [MacRae] and I could reap a large sum of money as others already had. McLaughlin ... referenced that life could be easier with a large sum of money ... I was at the time using drugs and could have been influenced to say anything they wanted for money. A short time later after being subpoenaed to court, I had a different feeling about the situation.’ ”

— "Police Investigative Misconduct Railroaded an Innocent Catholic Priest," by Ryan MacDonald

Neither Steven Wollschlager nor Debbie Collett have ever been allowed to present their testimony in any appeal before the appeals were dismissed without hearings in State or Federal Courts.

In the photograph atop this post, Detective McLaughlin was honored by unknown entities for his 350th arrest while posing as a male teenager luring adults online to their arrest in Keene, New Hampshire. Less than one percent of these cases ever went to trial. The other 99 percent were resolved through lenient plea deal offers that defense attorneys urged their clients to take — even the ones whom they knew were not guilty.

I was never a part of McLaughlin’s Internet predator obsession, but his tactics and dishonesty leading up to that endeavor were very much a part of his case against me. Recently, journalist Ryan MacDonald was invited to submit an article on police and prosecutor misconduct for SaveServices.org. His February 20, 2021 article has since been republished at multiple other justice sites, including the National Center for Reason and Justice which continues to advocate for justice for me.

Ryan’s article is an eye-opener. Don’t miss “Police Investigative Misconduct Railroaded an Innocent Catholic Priest.”

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Editor's Note: Please share this important post, and if you have not done so already, please Subscribe to Beyond These Stone Walls.

You may also like the related articles referenced herein:

Untying the Knots of Sin in Prison

A Priest Unjustly Imprisoned

Don't Defund Police. Defund Unions that Cover Up Corruption

Police Investigative Misconduct Railroaded an Innocent Catholic Priest

Grand Jury, St Paul’s School and the Diocese of Manchester

Blocking a grand jury report on sex abuse at an elite NH prep school, a judge ruled that an NH Catholic diocese defamed its priests without due process of law.

October 23, 2019 (updated December 27, 2021)

“Did my bishop throw his priests under the bus illegally?”

This post is by necessity contentious, so it must begin with a disclaimer. The current Bishop of the Diocese of Manchester is not in any way complicit with the events described herein with one exception: his recent publication of a list of priests who have been “credibly” accused. Ryan MacDonald wrote of this in his latest guest post, “In the Diocese of Manchester, Transparency and a Hit List.”

The term “credibly” accused has serious due process problems which even some bishops now acknowledge, but only because the standard is now also being applied to them. I described this affront to justice in “The Credibility of Bishops on Credibly Accused Priests.” Now there is a new and stunning development in this story. Saint Paul’s School in Concord, New Hampshire, with historic ties to the Episcopal church, has a long and storied history as a prestigious American prep school. Its distinguished alumni list reads like a Who’s Who of Washington political insiders. It includes congressmen and senators, ambassadors and Secretaries of State, and the children and grandchildren of U.S. presidents.

Graduates of St. Paul’s include Watergate Special Prosecutor Archibald Cox, Former “Russia Probe” Special Prosecutor Robert Mueller, and Democratic Senators John Kerry (MA) and Sheldon Whitehouse (RI). In 2011, Princeton University Press published Privilege: The Making of an Adolescent Elite at St Paul’s School by Shamus Khan.

In recent years, St. Paul’s School has been embroiled in a sexual abuse controversy. In 2015, former student Owen Labrie was tried and convicted for the statutory rape of a 15-year-old freshman while in his senior year, a story reportedly connected to an unsanctioned school custom called “Senior Salute.”

In 2017, St. Paul’s School was the subject of a sexual misconduct investigation led by former Massachusetts Attorney General Scott Harshbarger. His investigation included allegations over a forty year period from 1948 to 1988.

In July, 2017, New Hampshire Attorney General Gordon MacDonald convened a grand jury to investigate allegations of abuse at the school. The grand jury completed its investigation late in 2018 at which point a plea deal was signed between the Attorney General and St Paul’s School administration.

The plea deal was nearly identical to one arranged in 2002-2003 by the New Hampshire Attorney General with Bishop John McCormack, former Bishop of the Catholic Diocese of Manchester, and his Chief Compliance Officer, Rev. Edward J. Arsenault. Both deals allowed their respective targets — St Paul School and the Diocese of Manchester — to squash a possible misdemeanor charge of endangering the welfare of minors in exchange for a five year plan of staff training and improved monitoring.

A central tenet of both deals was that the prestigious school and the Catholic diocese would waive grand jury confidentiality so the respective reports and documents could be published. Officials of both the Diocese of Manchester in 2003 and St Paul’s School in 2018 signed these waivers. In the case of the Diocese, the grand jury report and related files were published with massive local and regional media coverage in March, 2003.

This is why Ryan MacDonald published “In the Diocese of Manchester, Transparency and a Hit List,” a well-researched report of how this closed-door deal and its behind-the-scenes manipulation by some central staff of the Diocesan Chancery Office sabotaged due process rights for me and other priests.

Now Comes Judge Richard McNamara

Ryan MacDonald’s article laid out the closed-door duplicity at work at the time the deal was carried out. My defense file and a vast amount of exculpatory material were requested by the Bishop’s Chief Compliance Officer, Rev. Edward Arsenault, under the false pretense of securing legal counsel for me. Once obtained, the confidential files were turned over to state prosecutors to be selectively published after the removal of exculpatory material.

The deal allowed the diocese to arrange for each accused priest to have a ten-day review to challenge in court any material deemed to be confidential. I was the only priest of this diocese to be denied that right. In the end, as Ryan reports, I protested the deal between my bishop and the state because of its blatant sabotage and misuse of privileged files.

My protest was sent to Bishop John McCormack’s appointed Delegate, Father Edward Arsenault, who seemed to be behind most of the suppression of rights. Like all other attempts to address this with my diocese, my multiple letters were met with silence.

I then wrote directly to Bishop McCormack who responded that the diocese tried in good faith, but without success, to prevent release and publication of confidential materials. He claimed that the Attorney General issued a subpoena to take indiscriminate custody of the priests’ files with no opportunity to challenge their publication.

In contrast, Assistant Attorney General Neals-Erik William Delker wrote in a letter to me that under New Hampshire law, grand jury investigations, reports, and files are confidential. For the report and related documents to be published, he wrote, the Bishop of Manchester had to waive confidentiality, and did waive confidentiality, on behalf of all parties involved.

Now, sixteen years later in a stunning development, New Hampshire Superior Court Judge Richard McNamara has denied publication of the grand jury report and investigation files in the case of St Paul’ School. In his 23-page order, Judge McNamara dropped a bombshell that should shake the earth beneath the feet of Catholic bishops and their lawyers across the land. In denying the Attorney General’s Motion to publish, he wrote:

“For hundreds of years, the grand jury has been a buffer between the power of the state and the citizen. Confidentiality of witness and cooperator information has been an essential part of how the grand jury works since colonial times.”

Making this development more stunning still, the Attorney General argued that there is in fact a precedent in New Hampshire for publishing grand jury reports: The 2003 Agreement with the Diocese of Manchester. It is easy to see why the current Attorney General cited this precedent. In 2003 he was an attorney representing the Diocese of Manchester in the matter of negotiating settlements.

Judge: “All Sorts of False, Damaging, One-Sided Information”

The following are excerpts from Judge NcNamara’s 23-page Court Order denying the Attorney General’s motion to publish the St Paul’s School report using the precedent of the 2003 Diocese of Manchester Grand Jury Report:

“The OAG [Office of the Attorney General] argues that a common law precedent for such a report does in fact exist because the Hillsborough County Superior Court authorized an agreement between the OAG and the Diocese of Manchester to waive the secrecy of a grand jury investigation … and to authorize the release of sealed subpoenas, pleadings, and orders related to the grand jury investigation … The Hillsborough County Superior Court endorsed the Diocese-OAG Agreement without explanation and without any written order.”

“The Court respectfully disagrees with the decision of the Hillsborough County Superior Court to approve the Diocese-OAG Agreement. The Agreement … fulfilled none of the traditional purposes of the common law grand jury. Rather than investigation of crime, the report is a post hoc summary of information the grand jury considered but did not indict on. It did not protect the privacy interests of those witnesses and subjects that were never charged with a crime by the grand jury.”

Judge McNamara explained that he is blocking publication of the St Paul’s School grand jury report for the same reasons that the Diocese of Manchester report and files should have been blocked in 2003. He wrote that grand jury testimony can involve “all sorts of false, damaging and one-sided information.” In holding that the Diocese of Manchester Report did not protect the privacy rights of those named, Judge McNamara concluded:

“Mark Twain famously said that a lie is halfway around the world while the truth is putting on its shoes. In an internet age, he might have added that the lie will forever outrun the truth as search engines become ever more efficient.”

It is for these reasons, Judge McNamara ordered, that grand jury investigations in New Hampshire are confidential. As a reporter for the New Hampshire Union Leader observed, “His ruling decided a case that had been argued in secret” (see Mark Hayward, “Judge blocks release of St Paul’s grand jury info,” New Hampshire Union Leader, Oct 1, 2019).

Transparency in the Diocese of Manchester

There are some alarming questions that arise from the handling of these reports, the potential for conflicts of interest, and the apparent absence of effective judicial oversight of the Diocese of Manchester grand jury report in 2003.

Publication of that report sabotaged the due process rights of many priests and placed damning information in public view resulting in condemnation without trial. The content from this report was then absorbed by the toxic site, Bishop-Accountability which was established for a singular purpose: to foster new accusations against priests with no effort to corroborate any of the claims gathered and published there.

Judge McNamara’s Order explains that a grand jury is seated for the purpose of investigating and prosecuting crime. In the cases of the Diocese of Manchester in 2003 and St Paul’s School in 2018, no indictments were issued. The Judge wrote:

“Grand jury reports that criticize individuals are extremely controversial. A grand jury report that does not result in an indictment but references supposed misconduct results in a quasi-official accusation of wrongdoing drawn from secret ex-parte proceedings in which there is no opportunity available or presented for a formal defense. The Florida Supreme Court described [such] a grand jury report as ‘not far removed from … and no less repugnant to traditions of fair play than lynch law.’”

The respective “deals” contain a hint of extortion. A misdemeanor criminal charge could be avoided if the administrations of the two institutions agreed to waive grand jury confidentiality and allow the reports to be published. The threat of prosecution weighed heavily on Bishop John McCormack who wrote in a December 10, 2002 letter to priests:

“The substance of the [grand jury’s] conclusion was to weave 40 years of history into one moment, and based on some rather complicated legal understanding of knowledge and intention, they concluded that they had enough evidence to indict the Diocese of Manchester for the endangerment of the welfare of children…”

“I agreed with the Attorney General that it was in the best interest of the Church and the people of the State to resolve this matter by a public Agreement between the Diocese of Manchester and the State of New Hampshire… Let me assure you that no archival material regarding any priest, other than those against whom we have had a credible accusation … was submitted to the Office of the Attorney General.”

— (December 10, 2002 letter to priests of the Diocese of Manchester sent to every priest except Fr. Gordon MacRae.)

But was the threat of prosecution against either St. Paul’s School or the diocese even realistic? Louisiana State University Law Professor John S. Baker had doubts. Writing for the Boston College Law Review in 2004 Professor Baker revealed that the New Hampshire Attorney General admitted in 2004 that the theory of law behind the threat of such a charge was “novel” at best, and highly unlikely.  The statute of limitations for a misdemeanor child endangerment charge is one year while the time period of the grand jury report dated back forty years or more. The report unveiled not a single contemporary case. So why did Bishop McCormack sign such an agreement? The question remains unanswered, but it set a dangerous precedent for the Catholic Church in America. Prof. Baker wrote:

“The Church should recognize the New Hampshire settlement for what it potentially is: the camel’s nose inside the tent.’… This intrusion by a state prosecutor into the jurisdiction of the Church may encourage and be the basis for actions by other state prosecutors… The decision by the Diocese to enter into this agreement represents a dangerous capitulation by one diocese that may have created a serious threat to the other dioceses in the United States.”

— John S. Baker, “Prosecuting Dioceses and Bishops,” Boston College Law Review, 1061, 2004

The claims of transparency in the Diocese of Manchester are highly selective. There is much related to this matter that is far from transparent. It would be difficult to believe that Edward Arsenault — who would later be charged, convicted, imprisoned and dismissed from the clerical state for his embezzlement of $300,000 from the Diocese and other sources — was not involved in the Kafkaesque diocesan affairs of 2003. He has since changed his name and is now officially known as Edward J. Bolognini.

In his published resume, which has been removed from public view, Arsenault identified himself as “Chief Operating Officer / Chief Compliance Officer” for the Diocese of Manchester from 2000 to 2009. He was thus at the center of all that Ryan MacDonald wrote about in his report, “In the Diocese of Manchester, Transparency and a Hit List.” The resume went on to describe Arsenault’s role:

“[To] provide advice and counsel to the Bishop of Manchester for pastoral governance, strategic management, and operational oversight of the Diocese of Manchester including but not limited to the successful settlement of over 250 civil claims associated with sexual abuse.”

In the strangest twist, the lawyer retained by staff and former staff, of St Paul’s School who successfully challenged publication of the grand jury report was Attorney David Vicinanzo, the same lawyer who Father Arsenault claimed was retained by the Diocese to represent me at the time Father Arsenault obtained my defense files under false pretense. Neither Arsenault nor Mr. Vicinanzo ever responded to my multiple requests for explanation in 2003 or after.

Strangely, in December of 2003, nine months after the grand jury report and files exploded in the press, Arsenault wrote in a letter to me: “I have not yet had a chance to discuss with Attorney Vicinanzo the matters we previously discussed.” I never heard from Arsenault again.

In his successful blocking of the 2018 grand jury report on St. Paul’s School, Attorney Vicinanzo was quoted in the news media. He called Judge McNamara’s Order “a full-throated defense of the grand jury as an institution.”

Judge McNamara issued his Order stating that the 2003 grand jury report on the Diocese of Manchester should not have been published because it failed to protect the privacy rights of those involved. Just a few days previously, Bishop Peter A. Libasci, the current Bishop of Manchester, published a list of all 73 priests of his diocese who have been “credibly” accused. He did this, he says, for transparency.

There is much more to come on the murkiness that is now called “transparency.”

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Postscript: An Update on This Story

December 27, 2021

Now Bishop Peter A. Libasci has himself been “credibly accused.” On July 22, 2021, the New Hampshire Union Leader newspaper, in an article by Mark Hayward, reported, “NH Bishop accused of sexual abuse by an altar boy decades ago.” Whatever differences I have had with Bishop Peter Libasci and his published list, I was and am deeply saddened by this development. The accusation stems from 1983, the same year as the accusations against me. The lawsuit, filed in Suffolk County, New York, alleges that then Father Peter Libasci sexually assaulted a boy aged 12 to 13 “on numerous occasions” at a parish and Catholic school in Deer Park in the Diocese of Rockville Center, New York.

Unlike the cases of any similarly accused Catholic priest, Bishop Libasci has to date faced no restrictions on his ministry. This matter contains none of the transparency that Bishop Libasci cited as his singular motive for publishing a list of 73 priests accused — merely accused — and in the same manner in which he himself has now been accused. For this complete story see “Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo”

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Note from Father Gordon MacRae: David F. Pierre Jr. of The Media. Report has an excellent brief analysis of the above along with some links to how it connects to and impacts my own situation. See TheMediaReport.com (October 9, 2019): “Stunner: New Hampshire Judge Says 2003 Diocese of Manchester Grand Jury Report Never Should Have Been Released.”

You may also wish to read and share

In the Diocese of Manchester, Transparency and a Hit List

and these related articles from some very accomplished writers:

Justice & a Priest’s Right of Defense in the Diocese of Manchester by Ryan A MacDonald at A Ram in the Thicket

Journalism Outside the Box: Wall St. Journal Bravely Profiles Stunning Case of Wrongfully Convicted Priest by David F. Pierre, Jr. at The Media Report

The Ordeal of Father MacRae by Catholic League President Bill Donohue

Spotlight Oscar Hangover: Why ‘Spotlight’ Is a Terrible Film by JoAnn Wypijewski in CounterPunch

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“In the course of my 1994 trial, and while sentenced to life in prison, and during State and habeas corpus appeals I have never been allowed to utter a single word in my own defense. In 2011 a two-part documentary video was made of my testimony. It went missing for several years and has just turned up.”

— Fr. Gordon MacRae

In the Diocese of Manchester, Transparency and a Hit List

Citing “transparency” the Catholic Diocese of Manchester posted the names of 73 accused priests. Most are dead. The only one in prison is innocent, and they know it.

August 21, 2019 by Ryan A. MacDonald (last updated April 8, 2024)

Note: The following is a guest post by Ryan A. MacDonald whose previous articles include “#MeToo & #HimToo” and “Justice and a Priest’s Right of Defense in the Diocese of Manchester.”

Church officials in the Archdiocese of Detroit, in apparent disregard of canon law, published the name of a priest who had been accused of sexual misconduct. The priest is Father Eduard Perrone. Reportedly, the Archdiocese published his name and a statement that the claims against him are “credible” while failing to publicly acknowledge that Father Perrone maintains his innocence and has a right of defense. The original claim was forty years old and came from a claim of repressed memory, a highly dubious and dangerous source according to experts in the field of psychology.

Weeks later, attorneys for Father Perrone issued a statement that he has conclusively passed a series of expert polygraph examinations that support his innocence. To date, the Archdiocese has been unresponsive to that fact as well, and so has the Catholic news media commenting on the story while acting as little more than a public relations outlet for the Archdiocese. This all has a chilling ring of the familiar.

On Wednesday, July 31, 2019, for no apparent reason other than the fact that everyone else is doing it, Bishop Peter A. Libasci of the Diocese of Manchester, New Hampshire published a list of 73 Catholic priests accused of sexual abuse of minors. Fully two-thirds of the priests named on the list are dead and thus in no position to defend themselves. The only one currently in prison is innocent. Officials of the diocese publicly suppress that fact after privately admitting it. So much for transparency.

The treatment of Father Eduard Perrone in the Archdiocese of Detroit pales next to the sabotage of justice and basic civil rights that took place in New Hampshire in the case of Father Gordon MacRae. Refusing multiple plea deals offering him a mere one year in prison in 1994, MacRae was asked by his lawyer to consider taking a series of polygraph tests with an expert.

Like Father Perrone in Detroit, MacRae agreed without hesitation. 

He was scheduled for three polygraph exams with questions based on police reports itemizing the specific claims of each alleged victim. The third one was cancelled because MacRae passed the first two so conclusively. When that fact was made known to the Diocese of Manchester before jury selection in MacRae’s 1994 trial, the Diocese published a press release with this statement:

“The Diocese mourns with those who were victimized prior to the discovery of his problems… The Church has been a victim of the actions of Gordon MacRae as well as these individuals.”

— Diocese of Manchester Press Release, September 11, 1993

There was little left for a jury to do. Armed with that statement, Prosecutor Bruce Elliott Reynolds compared MacRae to Hitler in his closing arguments before a heavily manipulated jury. A decade after the trial, a second prosecutor took his own life.

In a case brought twelve years after the alleged crimes, with no evidence of guilt at all to review and weigh, the jury reached a verdict of “guilty” on all charges in only 90 minutes. This account has been vividly exposed by Dorothy Rabinowitz in a series in The Wall Street Journal concluding with “The Trials of Father MacRae.”

The Predecessor: Bishop John McCormack

After his 1994 trial, MacRae had languished in prison with little contact with or from the outside world for the next seven years. Five years after the trial, Bishop John McCormack arrived in Manchester after a stint as Auxiliary Bishop of Boston promoted by Cardinal Bernard Law.

In 2000, rumblings began to occur pointing to some troubling media interest in the case of Father Gordon MacRae — troubling, at least, to those who put him in prison and kept him there. The initial hints of inquiry came from The Wall Street Journal and PBS Frontline. The media interest ultimately resulted in the creation of two sworn affidavits by persons entirely unrelated and unaware of each other. The following is an excerpt from the affidavit of a New Hampshire attorney:

“Upon acting in a clerk capacity for [the 1994 trial] I became firmly convinced that the charges against Father MacRae were false and brought for financial gain… In June of 2000, I met with New Hampshire Bishop John McCormack at the Diocesan office in Manchester, New Hampshire. During this meeting with Bishop McCormack and [Auxiliary] Bishop Francis Christian, they both expressed to me their belief that Father MacRae was not guilty of the crimes for which he was incarcerated.”

Four months later in 2000, an official of WGBH-TV, the flagship PBS station and production house in Boston, arranged a meeting with Bishop John McCormack. In that four-month period, something happened that drove off auxiliary Bishop Christian who was — by the way — the author of the press release declaring MacRae guilty before jury selection in his trial. What follows are excerpts of a sworn affidavit from the WGBH official:

“The WGBH Educational Foundation wanted to produce a segment of Frontline. This production would have resulted in a national story about Father MacRae. I had contacted assistant Bishop Francis Christian from my office at WGBH to inquire about the story because he was the only person remaining in the Manchester Chancery Office who was present during the time of the accusations against Father MacRae. Bishop Christian wanted nothing to do with my inquiry regarding Father MacRae but did offer to arrange a meeting for me with Bishop McCormack.

“The [October 2000] meeting with Bishop McCormack began with him saying, ‘Understand, none of this is to leave this office. I believe Father MacRae is not guilty and his accusers likely lied. There is nothing I can do to change the verdict.’”

Far more telling, however, is a transcript of notes documented by the PBS official Leo Demers after his meeting with Bishop McCormack. The notes reveal a diocese compromised by the demands of lawyers and insurance companies and a Bishop struggling to retain his moral center in a time of moral panic. The transcript was compiled in 2000, but MacRae was unaware of it until 2009 when a former FBI agent began to investigate. Here are excerpts:

[Auxiliary] Bishop Christian: “This is not my responsibility. I have nothing to do with that. You’ll have to speak with Bishop McCormack.”

Leo Demers: “But you were part of what happened at that time and would have firsthand knowledge of all that occurred. Bishop McCormack was in Boston when all this happened… I would rather meet with you.”

[A few days later I received a phone call from a Chancery Office secretary regarding a meeting schedule. I explained that I would be in the Middle East and Rome for the next two weeks. The meeting was scheduled for Friday, October 13, 2000. I arrived at the Chancery Office and was escorted to the Bishop’s office… The first words out of his mouth were…]

Bishop McCormack: “I do not want this to leave this office because I have struggles with some people within the Chancery office that are not consistent with my thoughts, but I firmly believe that Father MacRae is innocent and should not be in prison… I do not believe the Grovers [accusers at trial] were truthful.”

Leo Demers: The Grover brothers viewed this Chancery Office as an ATM machine, and why shouldn’t they? They’ll likely be back to make another withdrawal.”

Bishop McCormack: “You know that I cannot discuss any settlement agreements.”

Leo Demers: “The specifics of settlements are of no concern to me. What concerns me is the ease with which such settlements are reached.”

Bishop McCormack: “I mentioned to you that I believe he is innocent.”

Leo Demers: “You said that your hands were tied because of your belief in his innocence. How can you help him?”

Bishop McCormack: “I want to do what I can to make his life more bearable under the circumstances of prison life. I cannot reverse the decision of the court system. What can I do?”

Monsignor Edward J. Arsenault

It is striking who is not on the newly released list of accused Manchester priests. Former Monsignor Edward J. Arsenault is not found there. At the time he was elevated to “Monsignor” in 2009, Arsenault landed a $170,000 per year position as Executive Director of St. Luke Institute in Maryland. Simultaneously, Arsenault billed for over $100,000.00 in “consultation” services for Catholic Medical Center in New Hampshire. Bishop John McCormack was the sole U.S. bishop serving on the St. Luke Institute Board of Directors at that time.

Most of those who are today involved in an investigation of the case against Father MacRae believe that Arsenault was the person referred to in Bishop McCormack’s statement to the PBS Executive above:

“I do not want this to leave this office because I have struggles with some people within the Chancery office that are not consistent with my thoughts, but I firmly believe that Father MacRae is innocent and should not be in prison.”

Over the previous two years, Arsenault had risen to become McCormack’s right-hand man and the hub of all diocesan administration and finances. By 2001, Father Arsenault had effectively become the power behind the diocesan throne. In that capacity, according to his resume published online (but since removed), Arsenault personally negotiated mediated settlements in over 250 claims of sexual abuse alleged against priests of the Diocese of Manchester.

The newly published list of these accused priests is deceiving. Most claims were never brought before any court of law, but were simply demands made by letters from lawyers representing the claimants whose claims were often thirty or forty years old. In 2002, Plaintiffs’ attorney Peter Hutchins, who later claimed to have received 250 such settlements — a curious coincidence — revealed the climate in which these settlements were made. The following newspaper excerpts are from “NH Diocese Will Pay $5 Million to 62 Victims,” (Mark Hayward, NH Union Leader, Nov. 27, 2002):

“The Catholic Diocese of Manchester will pay more than $5 million to 62 people who claim they were abused by priests… The incidents took place as long ago as the 1950s and as recently as the 1980s and involved 28 priests… The Diocese disclosed the names of the priests.

“None of these men will exercise any pastoral ministry in the Church ever again,” said the Rev. Edward J. Arsenault, delegate of the Bishop for Sexual Misconduct.

“‘It shows good faith on the part of the diocese that victims of abuse will be treated and that their needs will be met,’ said Donna Sytek, Chairman of the Diocesan Task Force on Sexual Abuse Policy [and now Chairperson of the New Hampshire Parole Board].

“‘During settlement negotiations, diocesan officials did not press for details such as dates and allegations for every claim’ [Attorney Peter] Hutchins said. ‘I’ve never seen anything like it!’

“[N]o one will receive more than $500,000… but at the request of Hutchins’ clients, the diocese will not disclose their names, the details of the abuse or the amounts of individual settlements.”

Simultaneous to his positions and role in negotiating settlements in the Diocese, Rev. Edward J. Arsenault also served as Chairman of the Board of The National Catholic Risk Retention Group, an oversight conglomerate of insurance providers for a multitude of Catholic dioceses and institutions across the United States that covered the settlements.

Hypocrisy and a Double Life Unmasked

On April 23, 2014, Monsignor Arsenault was convicted in a plea deal that would prevent full public disclosure of the facts of his case and make them anything but transparent. The above handshake with his prosecutor became for some a symbol of the closed-door justice behind the deal.

Charged with embezzlement of $288,000 from the Diocese of Manchester and the estate of a deceased priest — funds used to groom and support a homosexual relationship with a young musician — Arsenault was sentenced to a prison term of four to twenty years. However someone had a vested interest in keeping Father MacRae from asking too many questions.

After a brief initial stay in the Concord prison receiving area, someone took the highly unusual step of arranging for Arsenault to be moved to a county jail to serve out his sentence. It was a move that some believe was orchestrated to prevent MacRae from learning anything about Arsenault’s handling of his own case.

Arsenault served only two years of his four-to-twenty year sentence before his prison term was commuted to home confinement. Somehow, even while in prison without income, his entire $288,000 restitution bill was paid in full. In February of 2019, Arsenault’s remaining twenty year sentence was mysteriously and quietly vacated and commuted. Many in the State and the Diocese of Manchester, though no one would go on the record, state their belief that Monsignor Arsenault received very special treatment in the Justice System. This was less true in the Church at higher levels. Before his sentence was terminated, Arsenault was dismissed from the clerical state by Pope Francis.  Today, as “Mr. Arsenault,” he is managing a multimillion dollar contract for the City of New York.

Of interest, one of the charges against Monsignor Arsenault was that he had forged Bishop McCormack’s signature on travel and hotel vouchers for himself and his “guest” to the tune of tens of thousands of dollars. Arsenault also created and forged phony invoices from a psychologist for $15,000.

It seems that Arsenault developed his forgery technique directly from the case of Father MacRae. Between 2002 and 2005, Arsenault is alleged to have forged Bishop McCormack’s signature on official letters sent to MacRae in prison and on documents sent to the Vatican seeking canonical dismissal of Father MacRae from the priesthood. This commenced two to four years after Bishop McCormack stated his informed belief that MacRae is innocent and unjustly imprisoned.

It seems clear who Bishop McCormack’s “struggle” was with. It was in the interest of Arsenault’s ties and commitments with insurance companies that all claims against the diocese be settled. MacRae’s obstinacy in refusing to accept plea deals and settlements proved an obstacle that had to be removed. From 2001 to 2005, Father Arsenault carried out a pattern of misinformation to the Vatican and collusion with attorneys to summarily deprive the imprisoned priest of his rights to canonical, civil, and criminal due process. The manipulation against MacRae is its own scandal.

In 2002, Arsenault had Prisoner MacRae summoned to a prison office to engage him in a telephone conversation for a proffered deal. If MacRae would sever all communications with Dorothy Rabinowitz and The Wall Street Journal, Arsenault reportedly said, the diocese would retain counsel on his behalf for a new appeal.

Having just learned that all documentation sent to The Wall Street Journal  was destroyed in the terrorist attacks of September 11, 2001, MacRae felt he had no other options. In March of 2002, Arsenault asked MacRae to send to his office all his defense files used at trial for the purpose of consultation with Attorney David Vicinanzo, a lawyer Arsenault claimed was retained to review MacRae’s case.

Six months later, MacRae learned that his legal files were never given to Attorney Vicinanzo, but were instead turned over to the NH Attorney General’s Office. Multiple letters to Arsenault and Attorney Vicinanzo for an explanation were never answered.

In January, 2003, MacRae was informed by other lawyers hired by Arsenault that a vast public release of files would take place as part of a diocese-wide settlement with the Attorney General in March of that year. MacRae was assured that he would be given a ten-day notice to review files in his regard and to challenge their release. Among all 73 priests on the list of the “credibly” accused newly published by Bishop Peter Libasci, MacRae was the only one never provided with the ten-day notice or any opportunity to review and challenge the release of his own privileged files.

Father MacRae’s letters of protest to Arsenault were never answered. His letter to Bishop McCormack resulted in a claim that the Attorney General issued a subpoena on the Diocese and walked off with priests’ files without regard for their source or for legal confidentiality.

In contrast, the Attorney General wrote to MacRae stating that, over the course of a week, the Diocese provided unfettered access to its files with no attempt at oversight. Further, the Attorney General wrote that all the files were reviewed as a result of a Grand Jury subpoena and were to remain confidential by law. However Bishop McCormack had signed a waiver surrendering the rights of all the priests involved. It is unclear, given the history above, who actually signed that waiver.

To their great credit, Vatican officials have not seen fit to move with a canonical process against this wrongly imprisoned priest. They have, however, administratively dismissed Monsignor Arsenault from the clerical state. He has since changed his name and is now known as Edward J. Bolognini.

To release a list of names of the accused today under the guise of transparency with Father Gordon MacRae identified solely as “convicted” is anything but transparent. It only further obscures this travesty of justice and turns it into just another kind of cover-up.

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Editor’s Note: Ryan A. MacDonald has published on the abuse crisis in multiple Catholic and secular publications. Please share this important post. You may also wish to read these related posts:

Grand Jury, St Paul’s School and the Diocese of Manchester

Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo

A Code of Silence in the U.S. Catholic Church: Affidavits

Omertà in a Catholic Chancery — Affidavits Expanded

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.

Introduction by Father Gordon MacRae

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

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.

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.

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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Father Seraphim Michalenko on a Mission of Divine Mercy

Saint Maximilian Kolbe and the Gift of Noble Defiance

If Loved Ones Fall from Faith, Let Them See You Believe

Dreamers of Home: The Slow ICE Deportation of Kewei Chen