“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
The Toll of Decades in Prison on a Mind, Heart, and Soul
Pornchai Moontri was released after almost three decades in prison. A new development could also release Fr. Gordon MacRae, but what does freedom look like for them?
Pornchai Moontri was released after almost three decades in prison. A new development could also release Fr. Gordon MacRae, but what does freedom look like for them?
June 8, 2022 by Fr. Gordon MacRae
Someone who is an old friend to both Pornchai Moontri and me posted a Facebook rant in 2021 that was printed and sent to me by an angry reader who saw it. Our friend was reacting to a cut in Covid pandemic relief services. Clearly, the last two years have posed challenges for many people. Our friend’s rant protested the budget cut while bemoaning all the “free services” that he believes had been afforded to prisoners: “Free food, free housing, clothing, health care, legal representation, and free education!” I understood his argument. It is one held by many people, but none of it is true.
Prisoners where I have been forced to live against my will for 28 years are required to hold a prison job. However most prisons have become so overcrowded that more than 50-percent of prisoners are in the category of “no job available.” Prison jobs here pay a base rate of $1.15 per day for four hours of daily work. Both Pornchai Moontri and I held relatively privileged positions in specialized jobs that required some skill. These full time positions required working a full day, five days per week. Pornchai was the Safety Trainer for the prison woodworking shop managed by the Recreation Department. I am the sole legal clerk in the prison law library, a position that every prison is required to have by law. Both jobs were salaried positions with a rate of pay at $43 per month.
Prisons are required to provide the most basic level of sustenance including food, housing, clothing, etc. Beyond that, most prisons — this one included — sell food, hygiene items, and clothing items to prisoners either directly or through a prison-approved vendor who manages these sales with a healthy kickback to the prison’s recreation fund budget. A pair of shoes costs about six weeks’ pay.
Because the prison food budget affords lots of carbohydrates but far less protein, most prisoners strive to supplement food intake through purchases from a commissary. Those who cannot afford food, or who do not have families to help them, contrive all sorts of means to assure that they have adequate food. There is a lot of exploitation. Some prisoners will purchase food, and then sell it at inflated rates to the hungry who then rack up debts that they sometimes cannot pay.
The main meal of the day here is between 3:30 and 4:00 PM. By policy, prisoners are allowed 10 minutes to eat. It seldom ever takes that long. Neither Pornchai nor I were ever well off here, but we could not turn away prisoners who asked for a package of ramen noodles to fend off hunger at night. We both bought and stored them just so those around us would not have to owe someone who wanted to exact a profit — or worse.
The same is true with coffee and postage stamps, neither of which are provided to prisoners. A four-ounce bag of generic instant coffee is $5.00. A four-ounce packet of chicken is $3.25. A book of ten postage stamps is more than three days’ pay. Over the years, Pornchai and I have loaned enough coffee — seldom if ever repaid — to keep Juan Valdez on his burro for decades to come because those earning one dollar per day cannot afford coffee.
Many other items are required, but acquired only through purchase at the commissary. This includes soap, shampoo, toothpaste and toothbrushes, deodorant, cough syrup, Tylenol, bandages, toilet paper, paper towels, hand sanitizer, and, during the pandemic, face masks. Those who can afford to do so also purchase multivitamins, Omega-3, Vitamin D3, and other essential supplements. There are over 260 food and hygiene items sold to prisoners in the commissary here and in most other prisons.
Some enterprising prisoners develop little side ventures such as a laundry service. The more artistic ones create and sell greeting cards. Several have a sneaker cleaning service. The costs do not end with food, clothing and postage. A visit to daily Sick Call at Health Services has a co-pay that for some is the equivalent of three days’ pay. Telephone calls must be prepaid and are charged by the minute.
Money Laundering
Union Supply Direct, a company that markets only to prisoners, has cornered the commissary market here and also has a mail order business for prisoner clothing, electronics, and other needs. The catalog sells just about all clothing items except the actual New Hampshire prisoner uniform which consists of dark green slacks and a matching long sleeve buttoned shirt. Prisoners here may request three sets every two years. However, what we receive is used clothing. Ironed-on patches have the prisoners’s name and number. Prisoners often turn the replacements back in if they are in worse shape than the ones we already had. The last set I received had four prior ironed-on labels under the one with my name. The last set of new clothing I received was in 1998. The last used replacement set that was in good enough condition to keep was in 2012.
Purchased clothing is at risk of being stolen and then resold to other prisoners. This has never happened to me or to Pornchai, but it has happened to some of the people around us. My current roommate does not want to lose the new towels and clothing he purchased so he never puts them in the prison laundry. Instead, he washes them himself in the bucket that I use for Mass. In our small cell, he hangs them on a removable shoestring clothes line and aims a fan at them. Some enterprising prisoners have set up a sideline for private laundry services. They will pick up newer clothing, wash and dry it, and return it folded, all for a bag of coffee or food. Union Supply sells a gray fleece jacket for $42.95, and just about everyone will pay the fee to have it washed because it is a hot item for theft and resale.
The Union Supply Catalog sells about 200 items including clothing, sheets, towels, hygiene items, electronics, televisions, etc. at seemingly inflated prices. A small flat screen Clear Tunes TV is $275. In the latest catalog, a 4-ounce tube of Crest toothpaste is $12.95. A poor quality Swintec typewriter doubled in price this year and is now $375.95.
This could go on and on. Every category that our friend’s Facebook rant described as free for prisoners was falsely stated. When you consider the ratio between a prisoner’s expenses and what he or she can earn, prisoners are typically the most impoverished citizens on the planet. I know that the common argument for seeing this as “okay” is that “prisoners put themselves in prison.” That is indeed true for some, perhaps even most, but I hope that readers know by now that it is by no means true for all.
The Seeds We Sow in Prison
Surely the most advanced society on Earth can come up with a better model for the management of criminality than the current prison system, which has a recidivism rate of 50-percent. As a culture, we cave to our worst instincts for instant vengeance by the establishment of laws that make an adequate criminal defense virtually impossible. I am not guilty of the crimes attributed to me and I am by no means the only one now saying that.
When I heard Judge Arthur Brennan intone the jury instructions at my trial, I knew then that I was doomed. This was a case without evidence. None whatsoever. Judge Brennan first instructed the jury to “disregard inconsistencies” in accuser Thomas Grover’s claims. Then he told them that under New Hampshire law, (RSA 632a-6) “no evidence or corroboration is necessary for a conviction” under this category of offense.
After dutifully disregarding all the inconsistencies, the jury convicted me in less that ninety minutes. You already know that after refusing three efforts to convince me to take a plea deal to serve a minimum of one year in prison, Judge Brennan sentenced me to a term of 67 years. Attorney James Higgins, speaking for my bishop and diocese at the time, wrote to me in prison: “To the extent that you are without funds for an appeal, contact the Public Defender’s Office.” I was sent to prison at age 41 in 1994. I will be 70 on my next birthday. I will be 108 when my sentence is completed. I was 29 when the fictitious crimes were claimed to have occurred.
My peers in priesthood and in life are preparing for retirement. In contrast, I have spent the last nearly three decades of my life earning and trying to live on $43 dollars per month. Some readers have helped over time, and both Pornchai and I have survived almost solely because of that. We have profound gratitude. This blog could not exist without such help. One of the tragedies of prison is that people here for decades leave with nothing — with no life built up and no buffer or support system upon which to build one.
For a priest in prison, whether guilty or innocent, survival after would depend on the willingness of his bishop to observe Canon Law and provide some basic infrastructure such as housing, health insurance, etc. In the neighboring Archdiocese of Boston, a 75-year-old priest coming out of prison was told to go find a homeless shelter. Over time in the abuse scandal, fear reigned and the observance of Canon Law has diminished. Some bishops simply discard priests deemed inconvenient, again whether guilty or innocent. My bishop has given no indication whatsoever that he would assist me in any way. He visited me briefly ten years ago, but he would not let me speak of any of this.
Back in January, 2022, a surprising development surfaced. A New Hampshire court ordered the Attorney General to make public a previously secret list of police officers whose investigations or testimony have been tainted and discredited by misconduct. It turns out that former NH Detective James McLaughlin is on that list as revealed in “Predator Po1ice: The New Hampshire ‘Laurie List’ Bombshell.”
He is on the list for a 1985 incident of “Falsification of Records and/or Evidence” which is exactly what I have claimed of him for three decades. I am now expected to hire legal counsel for a new appeal based on this newly discovered evidence. I have been frozen in place ever since then. Only time will tell whether and how this develops. Saint Paul wrote that three gifts abide, Faith, Hope, and Love, and the greatest of these is Love (1 Corinthians 13:13). But Hope is the most fragile.
A part of me does not dare to hope or to even move on this. The last such hope in 2013 met a dead end with a prosecutorial judge who refused to review new evidence or hear new witnesses. Justice from men is not always even or just. At almost 70, I feel closer to meeting God’s justice than that of anyone in New Hampshire. Shall I try or shall I simply wait? Stay tuned!
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Important Notes from Fr. Gordon MacRae: Please do not understand this post as a plea for help, for many of you have already done just that. I offer profound thanks for your support, encouragement, and prayers for both me and Pornchai Moontri whom God has entrusted to my care.
An important sequel to this post will appear here next week. My heart was broken, as were many, by recent events in Uvalde, Texas. Twice in two weeks, a lost and deeply troubled and broken 18-year-old committed grave acts of terror in Buffalo, New York and then in Uvalde, Texas. My friend, Pornchai, was also 18 and broken when his offense was committed. Something essential has been lost in our culture and must be faced with bold courage. Pornchai and I both have some thoughts of hope about this that will be a part of our post next week. Meanwhile: please share this post, and please consider reading more through these related posts from Beyond These Stone Walls:
The Ordeal of Father Gordon MacRae by Catholic League President Bill Donohue
Predator Police: The New Hampshire ‘Laurie List’ Bombshell
Police Misconduct: A Crusader Cop Destroys a Catholic Priest
The Measure By Which You Measure: Prisoners of a Captive Past
The New Hampshire State Prison exit gate.
A Code of Silence in the U.S. Catholic Church: Affidavits
Silencing truth is never in service to the Church. No priest should ever have been sacrificed on the altars of tort lawyers, insurers, or a predatory news media.
Silencing truth is never in service to the Church. No priest should ever have been sacrificed on the altars of tort lawyers, insurers, or a predatory news media.
(Pictured above: The Chancery Office of the Roman Catholic Diocese of Manchester, New Hampshire.)
November 10, 2021
Editor’s Note: The following is Part 1 of a two-part post by Father George David Byers, SSL, STD, parish priest, chaplain to law enforcement, an accomplished theologian, and a Missionary of Mercy appointed by Pope Francis for the Year of Mercy, a position extended by the Holy Father to the present day. Father Byers writes of how a code of silence has inhibited justice in the case of Fr. Gordon MacRae.
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This post has spent a long time being written. I first wrote it, or rather one quite like it, a decade ago for my now retired blog, Holy Souls Hermitage. Its purpose now is to bring the abuse crisis full circle. It is about an ongoing abuse of power in the Church. It is about the replacement of one abuse with another.
The same abuse of power in which youngsters were abused is the same abuse of power in which guilty priests were moved from parish to parish with omertà, that evil code of silence. It is also the same abuse of power which, when caught out today, will feign heroism by throwing merely accused priests out of the priesthood or into prison with no presumption of actual innocence. It is the same abuse of power which will cover up actual innocence for the sake of self-referential self-congratulations, ad infinitum.
It is this self-referential element in the Church that Pope Francis once said he wants to bring to its knees in repentance and conversion to our Lord Jesus Christ. Just because actual cases of contemporary sexual abuse have wound down to zero, as they have today, does not necessarily mean that anything has changed. Until the abuse of power changes, it is all the same. It is manifested in omertà.
Omertà is a mafioso term with its origin in 13th Century Sicily. It refers to a code of silence practiced by the mafia, a highly organized crime syndicate with a strong hierarchy. In the 18th and 19th centuries, it spread to the United States. Of interest, the original meaning of omertà was connected to “humility.” To practice a code of silence required the humility to set aside one’s own truth in deference to the organization’s preferred or demanded truth. It has no place in a Catholic setting.
The Late John Brendan McCormack
Four years after Father Gordon MacRae was convicted in a sham trial and sent to prison, Auxiliary Bishop John Brendan McCormack of the Archdiocese of Boston was appointed by His Holiness Pope Benedict XVI to serve as Bishop of Manchester, New Hampshire. Complicating this story somewhat, Bishop McCormack passed away in a Manchester, New Hampshire Catholic nursing home just weeks before I began to write this article. From his prison cell, Father Gordon offered Mass for him. Father Gordon had some concern about the timing of this post, but the truth has its own life and must not be buried with anyone.
Bishop McCormack became a part of the code of silence practiced in his new diocese, but there were signs that he may not have been an entirely willing one, at least, not at first. Back in Boston, Bishop McCormack had been instrumental in seeking the administrative laicization of Boston priest and notorious abuser, Father John Geoghan. Later, Geoghan was brutally murdered in prison, in part due to the publicity that his dismissal from the clerical state brought about.
In 1998, at the time of Bishop McCormack’s appointment as Bishop of Manchester, he received a letter from Mr. Leo Demers, a senior official from WGBH-TV in Boston, a flagship production house for PBS public television. Mr. Demers revealed that he was present for much of the 1994 trial of Father Gordon MacRae. He expressed concern that this was not a fair trial and any dismissal from the priesthood could not justly be based upon its outcome.
Bishop McCormack responded that he was unfamiliar with the case, but is aware of no plan in the diocese to seek Father MacRae’s dismissal. He pledged to begin an investigation of the matter to determine what, if anything, he could do. There were also some media rumblings at the time. An organization known as the National Justice Committee worked with FOX News to review Father MacRae’s trial, but prison officials blocked these contacts. A Fox News representative appealed to then Governor Jeanne Shaheen, now U.S. Senator Jeanne Shaheen (D-NH) who responded:
“I understand your organization’s interest in the matter of Gordon MacRae, now an inmate in the NH prison, but I will not interfere with the decision not to allow media access to Mr. MacRae.”
— 1999 letter of Gov. Shaheen
The Wall Street Journal
It is likely that a file on the case was then sent from FOX News to The Wall Street Journal. Later in 1999, a correspondence ensued between Father MacRae and Dorothy Rabinowitz, a Pulitzer Prize-winning writer on the WSJ Editorial Board who opened an inquiry on the case. The Diocese of Manchester suddenly became much more interested in the fate of Father MacRae. Then, in 2000, Bishop McCormack was approached by New Hampshire attorney Eileen Nevins who also had been present throughout the MacRae trial. Ms. Nevins later produced the following sworn affidavit:
Affidavit of Eileen Nevins, Esq:
“My name is Eileen A. Nevins and I am an attorney licensed to practice in the State of New Hampshire and the Commonwealth of Massachusetts.
I met Reverend Gordon MacRae in the early 1980s when he was an associate priest assigned to Our Lady of the Miraculous Medal Parish in Hampton, New Hampshire.
On or about 1994, while still a law student, I became aware of charges of sexual misconduct filed against Gordon MacRae. I contacted his . . . attorney, Ron Koch, to offer my assistance in doing any legal research that may assist Father MacRae in New Hampshire.
Upon acting in a clerk capacity for Attorney Koch I became firmly convinced that the charges against Father MacRae were false and brought for financial gain.
I believe now as I believed during his trial that the charges against him are false and have assisted him however possible in obtaining further legal assistance to address the wrong against him. My belief is based on personal knowledge of the case against Father MacRae acquired during the investigation prior to his trial and my ongoing pursuit and review of the investigation into his situation subsequent to his trial and incarceration.
In June of 2000, I met with New Hampshire Bishop McCormack at the Diocesan office in Manchester, New Hampshire to discuss the possibility of the Diocese offering some financial assistance to obtain an appellate relief.
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 and that Bishop McCormack would consider offering some financial aid to assist with a legal defense.
In follow-up correspondence with the Bishop, I stated that it was my understanding that the Diocese would now consider financial aid to retain an attorney to assist in [Fr.] Gordon’s appeal.
I had been working with Dorothy Rabinowitz of The Wall Street Journal and she recommended Attorney Robert Rosenthal to assist with the appeal.
Due to the unforeseen events of clergy abuse scandals in Massachusetts and New Hampshire, the Bishop subsequently failed to act on his offer of assistance. It is my understanding that Bishop McCormack has transmitted Father MacRae’s case to the Vatican for disposition.”
Signed and sworn by Eileen A. Nevins, Esq. 18 October 2005.
Falling Towers and Fallen Hope
Father MacRae knew nothing about the above affidavit or the meetings it described until years after it was issued in 2005. In the interim, there were many setbacks and disappointments. After two years of gathering evidence from prison and submitting reams of documentation to The Wall Street Journal, the imprisoned priest learned that all had been destroyed along with The Wall Street Journal offices in the terrorist attacks of September 11, 2001.
He would have to start over, and he was not certain that he could. Meanwhile, a series of correspondence began between Father MacRae, Bishop John McCormack, and the Diocesan Moderator of the Curia and Delegate for Ministerial Conduct, Father Edward J. Arsenault.
Without ever telling Father MacRae of his stated belief in his innocence, Bishop McCormack and Father Arsenault appeared to make their offer of legal assistance contingent upon the priest’s assent to curtail his contacts with Dorothy Rabinowitz and The Wall Street Journal. This effort to sever any media contact was clear in a series of confidential memos between the Bishop and Father Arsenault. These memos were later released as part of an Attorney General grand jury report in the diocese in 2003. (In 2019, Father MacRae described this report and its consequences in “Grand Jury, St. Paul’s School, and the Diocese of Manchester.”)
The internal memos and the Bishop’s correspondence also set other conditions. Father MacRae was asked to agree to allow the Diocese to choose his legal counsel. He also had to agree that he would appeal only his sentence and not his convictions. Father MacRae refused these conditions, and then the matter went silent. The account of what transpired at this time was stunning. It was revealed by Ryan A. MacDonald in “The Prison of Father MacRae: A Conspiracy of Silence.” It was a classic example of omertà.
However, Attorney Nevins was not the only one with an affidavit. Enter Leo Demers, the PBS executive who earlier wrote to Bishop McCormack in 1998 with a concern about the fairness of Father MacRae’s trial. He, too, was summoned to a meeting with Bishop McCormack in 2000, six months after the Bishop’s meeting with Attorney Eileen Nevins. At the time, Mr. Demers was Director of Engineering for WGBH-TV in Boston which produced, among other PBS programming, the award-winning investigative journalism program, Frontline. This affidavit and the dialogue that follows is an eye-opener:
Affidavit of Leo P. Demers, Jr.
“The purpose of this affidavit at this time is to convey the context and substance of a meeting by me with Bishop John McCormack during which he expressed his belief in the innocence of the charges against Fr. Gordon MacRae that led to his conviction and subsequent imprisonment for the past twelve years.
My name is Leo P. Demers, Jr. and I have been a broadcast engineer in New England since 1962. I am a practicing Catholic.
I first met Reverend Gordon MacRae in the late 1970’s or early 1980’s when he was a Franciscan Friar in Novitiate training at the former St. Anthony’s Capuchin Friary in Hudson, New Hampshire.
During 1994, I visited Father MacRae in New Mexico where he was working in ministry. At that time Father MacRae informed me that criminal charges of sexual misconduct with a minor had been filed against him in New Hampshire.
I believe now, as I testified under oath during the sentencing phase of his trial in Keene, New Hampshire, that the charges against him are false.
During October 2000, I met with Bishop John McCormack at the Diocesan office in Manchester, New Hampshire. At the time, my employer, the WGBH Educational Foundation, wanted to produce a segment of Frontline. This production would have resulted in a national story about Father MacRae. Auxiliary Bishop Francis Christian arranged the meeting with Bishop McCormack.
I had contacted assistant Bishop Francis Christian from my office at WGBH to inquire about the story because he was the only person 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 with Bishop McCormack.
The 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.’
I have recently learned that Bishop McCormack submitted an expert report to Rome. This report purportedly concludes that Father MacRae’s trial was fair and his sentence just. Further, this report avers that no avenue of appeal is available to Father MacRae. Since I have been in contact with various professionals representing Father MacRae, who are actively involved in investigating his case and prosecuting an appeal, I believe any expert opinion submitted by the Diocese of Manchester to be subject to challenge and serious defect.
I am motivated to submit this affidavit, obviously in disregard of any confidentiality requested by Bishop McCormack, because I cannot accept the inconsistency between Bishop McCormack’s statements to me regarding Father MacRae’s innocence and his submission of an expert report to the contrary that is in clear opposition to his stated belief.”
Signed and sworn by Leo P. Demers, 13 February 2005.
Those with Ears to Hear but Hear Not (Ezekiel 12:2)
Anyone familiar with all that remained hidden in this story might readily understand the hesitance of Auxiliary Bishop Francis Christian to be involved in that meeting with Leo Demers. It was Bishop Christian who penned a pre-trial press release of the Diocese which had the effect of stacking the jury against Father Gordon:
“The Church has also been a victim of the actions of Gordon MacRae just as these individuals have been. It is clear that he will never again function as a priest.”
Editing out any mention of mere allegations serves to mask the complete lack of any evidence behind this case. This point was made in yet another affidavit, that of FBI Special Agent Supervisor James Abbott, now retired. He had one of the more spectacular FBI careers in the Bureau’s history. David F. Pierre, Jr., Moderator of The Media Report, performed a public service when he analyzed and summarized the vast documentation on this case available at the website of the National Center for Reason and Justice. David F. Pierre’s summary is available at The Media Report under the title, “Alarming New Evidence May Exonerate Imprisoned Priest.” Among that evidence is an affidavit of Special Agent James Abbott who concluded:
“In the entirety of my three-year investigation of this matter, I found no evidence that MacRae committed these crimes or any crimes. Indeed, the only ‘evidence’ was [Thomas] Grover’s stories that have since been undermined by his family and others who surrounded him at the time he made his claims.”
There is a very necessary Part 2 to this post that will hopefully be forthcoming soon. There is much more to this story, and to the practice of omertà that fueled it. Fortunately — or perhaps not so much for those bent on blindly assuming this priest’s guilt — the Holy See has not seen fit to remove him from priesthood. At one point, officials there asked for copies of the affidavits contained herein. That speaks well of them. Perhaps omertà is not as widespread as some believe.
There has nonetheless been a grave injustice here. Whatever one might conclude about the case against Father Gordon MacRae, he has never been allowed a defense — not in his trial, not in any appeals, and not at all before the one person charged with the defense of truth: his bishop. Bishop John McCormack retired and now has passed away. Father Edward Arsenault became Monsignor Edward Arsenault, then went to prison for financial misdeeds. Now he has a new life and a new name, Edward J. Bolognini.
In 2011, Bishop Peter A. Libasci became Bishop of Manchester. Whatever story he might have inherited about this matter, he has never allowed himself to hear a single word from the imprisoned Father Gordon MacRae speaking in his own defense. Whether he has reviewed any of the vast evidence of fraud in this case is entirely unknown, but that would require an open mind.
In July, 2021, Bishop Libasci was himself accused of sexual abuse stemming from his ministry as a priest in the Diocese of Rockville Center, New York in 1983, the same year as the accusations against Father MacRae. Ironically, from his prison cell, Father MacRae has presented a spirited and rational defense, linked below, for why the case against his bishop is not “credible” at all.
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Editor’s Note: Next at Beyond These Stone Walls Father George David Byers will present Part 2 of this article. Father George David Byers holds a Licentiate in Sacred Scripture from the Pontifical Biblical Institute in Jerusalem and Rome, and a Doctor of Sacred Theology degree from the Pontifical University of St. Thomas Aquinas in Rome.
Please share this post. You may also wish to read the following:
Bishop Peter A. Libasci Was Set Up by Governor Andrew Cuomo
The Trials of Father MacRae by Dorothy Rabinowitz, WSJ
The Exile of Father Dominic Menna and Transparency at The Boston Globe
As Father Dominic Menna, a senior priest at Saint Mary’s in Quincy, MA, was sent into exile, The Boston Globe’s role in the story of Catholic Scandal grew more transparent.
“I’m a true Catholic, and I think what these priests are doing is disgusting!” One day a few weeks ago, that piece of wisdom repeated every thirty minutes or so on New England Cable News, an around-the-clock news channel broadcast from Boston. I wonder how many people the reporter approached in front of Saint Mary’s Church in Quincy, Massachusetts before someone provided just the right sound bite to lead the rabid spectacle that keeps 24-hour news channels afloat.
The priest this hapless “true Catholic” deemed so disgusting is Father F. Dominic Menna, an exemplary priest who has been devoting his senior years in service to the people of God at Saint Mary’s. At the age of 80, Father Menna has been accused of sexual abuse of a minor.
There is indeed something disgusting in this account, but it likely is not Father Menna himself. He has never been accused before. Some of the news stories have not even bothered to mention that the claim just surfacing now for the first time is alleged to have occurred in 1959. No, I did not transpose any numbers. The sole accusation that just destroyed this 80-year-old priest’s good name is that he abused someone fifty-one years ago when he was 29 years old.
Kelly Lynch, a spokesperson for the Archdiocese of Boston, announced that Father Menna was placed on administrative leave, barred from offering the Sacraments, and ordered to pack up and leave the rectory where he had been spending his senior years in the company of other priests. These steps, we are told, are designed to protect children lest this 80-year-old priest — if indeed guilty — suddenly decides to repeat his misconduct every half century or so.
Ms. Lynch declined to reveal any further details citing, “the privacy of those involved.” That assurance of privacy is for everyone except Father Menna, of course, whose now tainted name was blasted throughout the New England news media last month. Among the details Kelly Lynch declines to reveal is the amount of any settlement demand for the claim.
Some of the fair-minded people who see through stories like this one often compare them with the 1692 Salem witch trials which took place just across Massachusetts Bay from Father Menna’s Quincy parish. The comparison falls short, however. No one in 1692 Salem ever had to defend against a claim of having bewitched a child fifty-one years earlier.
Archdiocesan spokesperson Kelly Lynch cited “the integrity of the investigation” as a reason not to comment further to The Boston Globe. Does some magical means exist in Boston to fairly and definitively investigate a fifty-one year old claim of child abuse? Is there truly some means by which the Archdiocese could deem such a claim credible or not?
Ms. Lynch should have chosen a word other than “integrity” to describe the “investigation” of Father Menna. Integrity is the one thing no one will find anywhere in this account — except perhaps in Father Menna himself if, by some special grace, he has not utterly lost all trust in the people of God he has served for over fifty years.
Transparency at The Boston Globe
The June 3rd edition of The Boston Globe buried a story on page A12 about the results of an eight-year investigation into the Archdiocese of Los Angeles. Eight years ago, it was front page news all over the U.S. that the Los Angeles Archdiocese was being investigated for a conspiracy to cover-up sexual abuse claims against priests.
After eight years of investigation at taxpayer expense, California prosecutors reluctantly announced last month that they have found insufficient evidence to support the charges. That news story was so obviously buried in the back pages of The Boston Globe that the agenda could not be more transparent. The story of sexual abuse in the Catholic Church is front page news only when it accommodates the newspaper’s editorial bias. That much, at least, is clear.
But all transparency ends right there. The Globe article attributed the lack of evidence of a conspiracy by Catholic bishops to the investigation being “stymied by reluctant victims.” Now, that’s an interesting piece of news!
The obvious question it raises is whether these claimants were reluctant to speak BEFORE obtaining financial settlements in their claims against the Archdiocese. If they are reluctant witnesses now, then, at best, it may be because the true goal of some has long since been realized and there is nothing in it for them to keep talking. At worst, the silence of claimants in the conspiracy investigation could be interpreted as an effort to fend off pointed questions about their claims. Perhaps prosecutors were investigating the wrong people.
I have seen this sort of thing play out before. Last year, a New Hampshire contingency lawyer brought forward his fifth round of mediated settlement demands against the Diocese of Manchester. During that lawyer’s first round of mediated settlements in 2002 — in which 28 priests of the Diocese of Manchester were accused in claims dating from the 1950s to the 1980s — the news media announced a $5.5 million settlement. The claimants’ lawyer was astonished that $5.5 million was handed over with no real effort at proof or corroboration sought by Diocesan representatives before they paid up and deemed the claims “credible.” The lawyer was quoted in the news media:
“During settlement negotiations, diocesan officials did not press for details such as dates and allegations for every claim. I’ve never seen anything like it.”
“He and his clients did not encounter resistance from the Diocese of Manchester in their six months of negotiations. Some victims made claims in the last month, and because of the timing of negotiations, gained closure in just a matter of days.”
That lawyer’s contingency fee for the first of many rounds of mediated settlements was estimated to be in excess of $1.8 million. When the mediation concluded, the news media reported that at the attorney’s and his clients’ request, the diocese agreed not to disclose the claimants’ names or any details of their claims or the amounts they received in settlement. “No confidentiality was sought by the Diocese,” the lawyer declared.
In contrast, the names of the accused priests — many of whom were deceased and none of whom faced criminal charges — were repeatedly released and publicized throughout the news media. This process served one purpose: to invite new claimants against those same priests with assurances that their names would remain private and no real corroborating details would ever be elicited. It was clear that non-disclosure clauses were demanded by the contingency lawyer and his clients, though the diocese and its lawyers were eager to oblige as part of the settlement.
It is fascinating that the news media now blames “reluctant victims” for stifling an investigation into cover-ups in the Catholic Church. That is a scandal worthy of the front page, but we won’t ever see it there. If the news media now has concerns about the very people whose cause it championed in 2002, we won’t be reading about it in the news media. Transparency in the news media, after all, is a murky affair.
Transparency and the U.S. Bishops
Writer Ryan A. MacDonald has a number of contributions published on These Stone Walls. His most recent is, “Should the Case Against Father Gordon MacRae Be Reviewed?” I am told that Mr. MacDonald has an essay published in the June/July, 2010 issue of Homiletic & Pastoral Review entitled, ”Anti-Catholicism and Sex Abuse.” In the essay, the writer also recommends These Stone Walls to H&PR readers. Though I subscribe to the well respected H&PR, I have not at this writing seen the current issue.
Ryan MacDonald also has a letter published in a recent issue of Our Sunday Visitor (“Raising the Alarm,” June 13, 2010). Ryan makes a point very similar to one I made last month in “As the Year of the Priest Ends, Are Civil Liberties for Priests Intact?” Here is an excerpt from Ryan’s OSV letter:
“A number of courageous bishops have argued in opposition to retroactive application of revised civil statutes of limitations. Such revised statutes typically expose the Catholic Church to special liability while exempting public institutions.
“But I must raise the alarm here. As a body, American bishops lobbied the Holy See for retroactive extension of the time limits of prescription, the period of time in which a delict (a crime) exists and can be prosecuted under Church law …
“… Many accused priests now face the possibility of forced laicization with no opportunity for defense or appeal because our bishops have embraced routine dispensation from the Church’s own statute of limitations. The bishops cannot argue this point from two directions. Some have defended this duplicity citing that the delicts involve criminal and not civil matters. This is so, but these men are also American citizens, and the U.S. Constitution prohibits retroactive application of criminal laws as unconstitutional.
“Statutes of limitations exist in legal systems to promote justice, not hinder it. Our bishops cannot have it both ways on this issue.”
Ryan MacDonald made this point far better than I ever could. The issue for me is not just the obvious double standard applied when the spirit of Church law is set aside. The issue is one of fundamental justice and fairness, and what Cardinal Dulles called “The great scandal of the Church’s failure to support Her priests in their time of need.” Pope John Paul II said that the Church must be a mirror of justice. Let’s hope our bishops can respond to the public scandal of sexual abuse without perpetrating a private scandal of their own.
There are people in groups like S.N.A.P. and Voice of the Faithful who clamor for the Church to ignore the rights of priests in favor of an open embrace of “survivors.” It is always easy to deny someone else’s rights and restrict someone else’s civil liberties, and that, historically, is how witch hunts begin.
