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.

(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:

1. “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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. I had been working with Dorothy Rabinowitz of The Wall Street Journal and she recommended Attorney Robert Rosenthal to assist with the appeal.

10. 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.

1. My name is Leo P. Demers, Jr. and I have been a broadcast engineer in New England since 1962. I am a practicing Catholic.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.’

8. 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.

9. 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 Prison of Father MacRae: A Conspiracy of Silence

Convicted for Cash: An American Grand Scam

Fr Stuart MacDonald and Our Tabloid Frenzy about Fallen Priests

Our Catholic tabloid frenzy about fallen priests has become a scandal of its own. As we tackle it Beyond These Stone Walls, Fr. Stuart MacDonald joins our team.

Wednesday July 28, 2021

Back in 2019, I wrote a post entitled, “Was Cardinal George Pell Convicted on Copycat Testimony?” I had no idea at the time that a reader in Texas sent a copy of it to Cardinal Pell who was then serving a deeply unjust sentence in an Australia prison. I also did not know at the time that he was writing a prison journal that, after his exoneration and release, would be published to become a highly celebrated masterpiece of priestly witness in a time of trial. I have been reading the Second Volume of the Prison Journal of George Cardinal Pell published by Ignatius Press, and I was moved to see that I appear prominently therein.

Over the course of four pages in the book (57-61) Cardinal Pell, from his prison cell, recounts a summary of my own travesty of justice and then thanks me, at the end, for my support of him:

“I am grateful to Fr. MacRae for taking up my cause, as I am to many others. These include in North America George Weigel and Fr. Raymond de Souza and here in Australia Andrew Bolt, Miranda Devine, Gerard Henderson, Fr. Frank Brennan, and others behind the scenes. I will conclude, not with a prayer, but with Fr. MacRae’s opening quotation from Baron de Montesquieu: ‘There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice. (1742)”

I was deeply moved because there are not many in our Church, and certainly precious few with the prominence of Cardinal Pell, who would openly cite something I wrote and commend me for it. I will return to the importance of this.

Writing my own prison journal for Beyond These Stone Walls has always been somewhat of a letdown in the summer months. I do not write for accolades or approval, but I admit that it is nice to at least be noticed. In eleven years of writing this prison journal, the months of June through August have always seen our smallest readership. Who could blame you? I, too, would rather be in the water.

Something unexpected happened this year, however. My posts for June and July 2021 generated an explosion of readers and new subscribers setting an eleven-year record. My recent post, “Biden and the Bishops: Communion and the Care of a Soul” topped the list of recent titles that went off the charts. That post is about a matter of Sacramental integrity, but it also speaks to the very heart of what it means to be Catholic in the public square. The “Catholicism” moderator at Reddit rejected it twice as a “political post,” but I do not think the Reddit moderator actually Reddit (pun intended!). Some in other venues who dismissed it as political or partisan changed their minds after reading it to the end. Most Catholic readers thanked me for writing it. A smaller minority of Catholics were furious with me for writing it, but they refuted none of it.

I did not at all expect the vast response that post evoked. It was most evident in the comments it generated, but it was also evident in the traffic. Readers by the thousands came to it from Washington DC, New York, Boston, Los Angeles, Chicago, and unlike most other BTSW posts, 90-percent of its readers were in the U.S. It had the highest one-day record for both visitors and new subscribers.

But I have no awareness that the people who most should read it did read it: the Catholic Bishops of the United States. So at the request of several readers, our friend and new Canon Law advisor, Father Stuart MacDonald, JCL, created a printable 5-page PDF version that you could print and mail to anyone you wish, including your bishop. We have also compiled a PDF contact list of the United States Catholic Bishops organized by state. Here are the links:

PDF of Biden and the Bishops: Communion and the Care of a Soul

PDF List of U.S. Bishops and Contact Information by State

Cardinal Pell being released from prison in 2020, and Father Gordon MacRae being taken to prison in 1994.

Our Catholic Tabloid Frenzy about Fallen Priests

As recent posts here have demonstrated, this is not an easy time to be a priest in a divided and politically partisan America. It is an exponentially more difficult time to be a bishop. Please keep that in mind when writing to them. Our shared goal must be communion and solidarity, not confrontation. That should not in any way inhibit the faithful from being faithful in the clarity of our message. We should write as though the very integrity of the Catholic Church in America is at stake — because it is.

Few of us ever awaken in the morning with a decision to become an activist that day. Activism is technically defined as “a theory or doctrine of assertive action, such as a strike or public demonstration, used as a means of supporting or opposing a controversial issue, person, or event.” Having known Father Stuart MacDonald for some time, I would never have considered him to be an activist, nor would I have ever applied that term to myself.

In recent years, as a number of my posts suggest, the need for Catholic action in support of priests and the priesthood has become evident. The newly formed “Coalition for Canceled Priests” is a good first step in that direction. I cannot speak for this coalition, but one facet of its activism has become clear to me. A minority of more “progressive” and powerful bishops of the United States has tried to steer the narrative, not only about the priesthood, but also about the hierarchy of concerns of Catholics. My post, “Biden and the Bishops” lays out the fault lines of this effort. (More recently, we have seen the influence of this progressive suppression in the Motu Proprio of Pope Francis on the Traditional Latin Mass. This will be our topic on BTSW next week.)

But there is something else that must happen before Catholics engage their bishops about the treatment of priests. We must put an end — in our own hearts and beyond — to our Catholic tabloid frenzy about fallen priests. Satan has never felt more fulfilled than in seeing priests fall at the hands of their own bishops.

Many priests have fallen morally to the point of the total collapse of their priesthood. Why should this be a surprise to any of us? Is there anyone, in the spiritual battlefield of our time, with a bigger satanic target on his back than a Catholic priest in the trenches? In our current climate of fear and loathing, the Church does nothing to catch them on their way down as they fall, nor is anything done to stem the tide of their descent. We just let them fall, and then discard them at the bottom. We as a Church make it very clear that there is to be no redemption for a fallen priest, no path upon which to step back into the light. Should this be the practice of a body of faith in a Church built upon the Blood of Christ? I must repeat, as I have done a few times in these pages, how my friend and mentor, the late Father Richard John Neuhaus, described our bishops’ collective response to their fallen priests in the pages of First Things:

“Zero Tolerance. One strike. Boot them out of ministry. Of course, the victim advocates are still not satisfied, and sadly may never be satisfied. But the bishops have succeeded in scandalizing the faithful anew by adopting a thoroughly unbiblical, untraditional, and un-Catholic approach to sin and grace ... They end up adopting a policy that is sans repentance, sans conversion, sans forbearance, sans prudential judgment, sans forgiveness, sans almost anything one might have hoped for from the bishops of the Church of Jesus Christ.”

— First Things, "Scandal Time III," August 2002

The trends that allowed this to happen in the U.S. Church and then spread throughout the world now lend themselves toward the demise of any priest for any cause that displeases his bishop — or even a more influential bishop in the diocese next door. Catholic League President Bill Donohue boldly addressed this in a quote on our “About” page: “There is no segment of the U.S. population with less civil liberties protection than the average American Catholic Priest.”

Father Stuart A. MacDonald, JCL

There is a reason why false witness is included among the Ten Commandments. Its presence there is clear in Sacred Scripture: “You shall not bear false witness against your neighbor.” (Exodus 20:16). The Book of Deuteronomy, Chapter 19, lays out the conditions under which this Commandment is to be observed: “A single witness shall not prevail against a man.” (Dt. 19:15). False witness is destructive, not only of the person who falls prey to it, but also to the entire community of believers and the justice system of an entire people.

Sometimes false witness takes the form of gross exaggeration of what otherwise might just be a slip in judgment. This is how public stoning, as a means of execution, is done today. It is not a person’s body that is stoned to death now, but a person’s good name. I fell prey to this. Standing by the truth sent me to life in prison while a simple lie would have released me a quarter century ago. And it was my own bishop (at that time) who first told the bigger lie when he declared me guilty in a press release even before jury selection in my trial.

My activism now takes the form of standing by other priests falsely accused or accused with great exaggeration which always has a specific goal: a swifter, more lucrative monetary award from a bishop anxious to settle, or some animus against the Catholic Church. Cardinal George Pell was very much an innocent victim of the latter.

Sometimes the animus comes from Catholics who blindly use The Scandal to further some agenda of their own. Father Stuart MacDonald also became a victim of grossly exaggerated false witness. It involved only an exchange of words for which he was entirely cleared of wrongdoing by the Holy See and fully restored to ministry. That should be enough for any of us, but it sadly never is for those wanting only to demean the priesthood.

As a witness in support of Father Stuart and his priesthood, I have invited him to assist Beyond These Stone Walls with his expertise in Canon Law. We have also established a Category under his name at the BTSW Public Library. Father Stuart has written several excellent posts for BTSW which are now being restored for addition to the Library. First up will be his superb and timely post, “Bishops, Priests and Weapons of Mass Destruction.” You may not recall this name, but last month, Raymond J. Donovan died. He was a member of President Ronald Reagan’s cabinet who resigned forty years ago after being charged with a crime. When he was exonerated by a New York City jury, he famously asked, “Which office do I go to to get my reputation back?”

No priest should have to ask that question in a community of believers who have been offered Divine Mercy. No priest should have to claw his way back to redemption or just disappear into the night. What have we done?

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Important announcement from Father Gordon MacRae: Just days before this is posted, the Most Reverend Peter A. Libasci, Bishop of Manchester and my bishop has been accused of sexual abuse in the State of New York. The accusations against him are alleged to have occurred in 1983, the same year in which claims against me were also alleged to have occurred. Bishop Libasci has stated his innocence as did I. I know painfully well the great difficulty in defending against claims that are so old and brought forward with financial expectations but zero evidence or corroboration. Despite Bishop Libasci denying these accusations they may still result in his removal from ministry. Please pray for him and for a just and truthful outcome.

Please read and share these relevant posts.

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

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

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

Bishops, Priests and Weapons of Mass Destruction by Fr. Stuart A. MacDonald, JCL

The Reliquary Heart of St. John Vianney, Patron of Priests

The Faithful Departed: Bishops Who Bar Catholics from Mass

As President Trump called upon governors to classify churches as essential, a Catholic Bishop in a state among the least impacted by Covid-19 suspended public Mass.

I have to write about this now because I wrote about it then. During the now notorious presidential election of 2016, I wrote “Wikileaks Found Catholics in the Basket of Deplorables.” If you missed it then, you probably should not miss it now. I and many others naively lent credence to all the media hype about Russian collusion back then — now proven to be entirely false and an egregious injustice to General Michael Flynn. The above post actually commended the Russian hackers for providing transparency often promised but rarely delivered by American politicians.

That post was about revelations found in the emails of Hillary Clinton’s campaign manager, John Podesta, about the Democratic Party’s plans for the Catholic Church in America. I wrote the post just after Mrs. Clinton’s now infamous debate declaration: “Supporters of Donald Trump are a Basket of Deplorables.” I was not one of Donald Trump’s supporters, but I knew that Hillary lost the election then and there. Attacking candidates is just politics as usual. Attacking voters is political suicide.

The post above cited several examples of emails between the Clinton campaign and various Catholic entities with overtures to move the Church from a pro-life agenda toward a more left-leaning script for Catholic social progress. Climate change and open borders are to be the moral imperatives of the day.

I had more or less forgotten about the now famous Basket of Deplorables until the current election raised it anew — though not in so many words. Three years after the term was first
uttered, many in the news media still apply it by inference to everything and everyone in any way connected to the current American President.

Now thrust upon his growing heap of media scorn is a call from the President to America’s governors to give churches and other houses of worship the same treatment some of them have bestowed upon liquor stores, abortion clinics, and beauty salons. This President wants churches to be deemed “essential.” He at first threatened to “override” any governor who balks at this, a notion that the news media has gone to great lengths to ridicule. In a hastily scheduled White House Press Conference, Trump said:

“I call upon the governors to allow our churches or places of worship to open. If they don’t do it, I will override the governors. The ministers, pastors, rabbis, imams and other faith leaders will make sure their congregations are safe as they gather and pray.”

On May 22, 2020, the Centers for Disease Control supplemented the President’s request by laying out a series of guidelines for houses of worship to safely provide services. These include the usual recommendations for social distancing, cleaning practices, and face coverings all of which churches could easily observe.

The Real Presence and the Present Absence

But what do we do when it is Catholic bishops, and not politicians, closing church doors to faithful Catholics? As the American President deemed churches to be essential and called to reopen them, the Catholic Bishop of Manchester, New Hampshire, one of the states least impacted by the contagion, issued his formal “Decree Establishing Liturgical Norms During Covid-19 Pandemic”:

“Mindful that the dignity of the human person requires the pursuit of the common good (CCC 1926) and as Bishop of the Diocese of Manchester understanding my responsibility to issue liturgical norms by which all are bound (Canon 838:4), I hereby decree [that] the public celebration of Mass remains suspended… until such time as I deem it prudent to modify [this decree].”

There are a multitude of reasons why the ongoing suspension of Catholic Mass in this of all states is an unintended assault upon the religious needs of the people. In a surprising juxtaposition of roles, as some bishops closed churches and barred the faithful from Mass, the Centers for Disease Control issued a statement that should give pause to secular and spiritual leaders alike: “Millions of Americans embrace worship as an essential part of life.”

I would have expected such a sentiment from our bishops, not from a government entity established to control contagion. Sadly, however, that truth professed by the CDC applies less to New Hampshire than any other state. According to the Pew Research Center, New Hampshire is ranked 50th out of the fifty states for religious identity, observance, and influence. It also ranks 50th out of the fifty states in charitable giving.

In publishing his recent Decree, the Bishop of the Diocese of Manchester, NH, Bishop Peter A. Libasci, stated that as of May 18, 2020, over 3,600 New Hampshire citizens [out of a population of over 1.3 million] have tested positive for Covid-19, and 172 of our neighbors have lost their lives.” This is true, and at this writing the death toll in New Hampshire stands at about 250. Tragically, all but 65 of them were residents of nursing homes, the most vulnerable among us but they would not have been present at Mass anyway. These figures pale next to how Covid-19 has impacted some other states where governors and bishops are reopening churches while applying the norms for safety recommended by the CDC.

But there is another New Hampshire statistic that should be far more alarming to both the Governor and the Bishop. Among the fifty states, New Hampshire has the nation’s highest and most hopeless rate of death among working age young adults between the ages of 16 and 40. This is driven by another, far more deadly contagion: opiate addiction and all the physical, mental and spiritual hopelessness it entails. I wrote about this Grim Reaper in “America’s Opioid Epidemic Is Wreaking Havoc in this Prison.”

That post described a wall of sorrows in one unit in this prison containing the photos of young men who have lost their lives to addiction after leaving prison. The 37 photos on that wall of death included only those who lived in this one unit of 288 prisoners. And just as I sat down to type this post, a 38th photo was added. One of our good friends just tragically ended up on that wall.

Jerry came to prison at age 19 in 2005. In recent years, he attended Sunday Mass with Pornchai Moontri and me. Before the Covid-19 shut down he was able to come and talk to me in the prison Law Library where I work. On Friday, May 15, 2020 he was released from prison having completed his sentence at age 33. He lived in freedom for only a single day before losing his life to a fentanyl overdose. This is a painfully familiar story here as young prisoners face the reality that life in freedom sometimes means bringing the bondage of addiction home with them.

Bishop Libasci’s Decree cited his justification for keeping the churches closed: “172 of our neighbors have lost their lives” to Covid-19 statewide. This pales next to the grim truth of those in his Diocese who lost their lives in hopeless addiction. The New Hampshire Chief Medical Examiner reports that 2,500 young lives were lost to opioid drug overdoses in this small state since 2015.

Most of these deaths were those of young men and women from 16 to 40 years of age. One small New Hampshire city recently saw over 400 drug overdose deaths in a single year. There is likely no other state more in need of the spiritual strength and solace of open churches and the Sacrifice of the Mass than New Hampshire.

Trusting Faithful Catholics

One commenter on this subject in a Facebook discussion (which I could not see because I have never seen Facebook) commended Bishop Libasci and other bishops for helping to keep people safe by closing churches. I could only think of a statement of Saint Paul in his letter to the Corinthians:

“When I was a child, I spoke like a child, I thought like a child, I reasoned like a child. When I became a man, I gave up childish ways.”

— 1 Cor. 13:11

The point should be obvious. When I was seven, I needed the help of adults to take care of myself. At sixty-seven that is simply no longer so. The Centers for Disease Control issued guidelines for what we adults must do to keep ourselves and our loved ones safe in public environments, including at Mass.

This is a point for which conservatives and Libertarians refer to the Left as purveyors of Big Government and “The Nanny State.” And it’s a point for which George Orwell cautioned us all in his dystopian 1949 novel, Nineteen Eighty-Four. We surrender our freedoms when we hand the interpretation of them over to “Big Brother.” Remember the cautionary words of the late President Ronald Reagan:

“The most dangerous words in the English language are, ‘Hello, I’m from the government and I’m here to help.’”

America is vigilant about concessions to totalitarian governments but too many turn a blind eye to how our political, social, economic, intellectual, and spiritual narratives are dominated in our media by the extreme left of our cultural elite. For someone to make the decision for us by denying Mass to the faithful when they should be entrusted with caring for themselves is insulting, at best.

When that decision leaves faithful Catholics in spiritual deprivation, they are placed at even greater risk by traveling long distances to seek out Mass in a more reasonable Diocese. This point was made by some readers of a recent post of mine. One comment that stands out is this one by “Judith” posted on “Pandemic Lockdown: Before the Walls Close In.”

“Here in the trenches, we recently received a communiqué from the Minister of Compliance in the Department of the State-Sanctioned Religious Observance informing us of the new rules regarding worship. If the Church / State requires masks, reception of Communion after Mass, and taking down our names and contact information in order to attend Mass, I will be assisting at the SSPX Mass an hour-and-forty-minutes away [which happens to be in Bishop Libasci’s diocese]. I know for a fact they don’t put up with this… God forbid you exercise your free will by choosing to risk your life to follow the precepts of the Church.”

Congressman Dan Crenshaw, a former Navy Seal and one of the most honorable members of Congress, wrote a March 19, 2020 op-ed for The Wall Street Journal entitled, “Why Does Reopening Polarize Us?” He raises an interesting twist of political psychology. Liberal and conservative brain functioning shows differences in their mapping when risk-taking is considered.

But it is now the conservatives who “are the ones ready to confront risk head-on.” He says this is also consistent with his experience in the military, and may explain why the vast majority of Special Forces operatives identify as political and social conservatives. But he cautions that liberals lagging behind in re-opening society may have another agenda, treating the lockdowns and consequent economic devastation as an opportunity to restructure America into a socialist utopia.”

In the National Catholic Register, Thomas M. Farr, President of the Religious Freedom Institute, has a recent column entitled, “Coronavirus and Religious Freedom.” He cites that the line drawn between “essential and nonessential” businesses and services by government decree is highly suspect. He singled out Virginia Governor Ralph Northam, a Democrat, former pediatrician, and notorious proponent of late-term abortion, as declaring that religious services are not essential,” but abortion clinics and liquor stores are.

Thomas Farr also adds that for Catholics, access to the Sacrifice of the Mass is “essential to our happiness in this life and the next.” I can only repeat what Father James Altman so courageously declared in a recent, now viral, homily entitled, “Memo to the Bishops of the World”:

“The faithful do not need you to look after their bodies. They need you to follow the Supreme Law of the Church and look after their souls.”

Effective June 6, 2020, Bishop Libasci modified his Decree to allow public Masses to resume in his diocese with strict conditions and limitations in addition to those recommended by the CDC.

Elsewhere, on the topic of faithful priests with courage, Father George David Byers had a memorable quote in a recent post, “Coronavirus ‘Creativity’ for Mass: ‘Just do it in the Parking Lot.’ No. And… Hell no!”

“I’m not going to be a Parking Lot Priest just to look up-to-date. No! … Hell no!”

But I am giving the last word to Saint Paul’s Second letter to Timothy:

“I charge you in the presence of God and of Christ Jesus who is to judge the living and the dead, and by his appearing and his kingdom: preach the word, be urgent in season and out of season, convince, rebuke, and exhort; be unfailing in patience and in teaching. For the time is coming when people will not endure sound teaching, but having itchy ears they will accumulate for themselves teachers to suit their own likings, and will turn away from listening to the truth and wander into myths. As for you, always be steady, endure suffering, do the work of an evangelist, fulfill your ministry.”

— 2 Tim 4:1-5

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Note from Father Gordon MacRae: You may also wish to read and share these memorable related posts:

The Once and Future Catholic Church

Wikileaks Found Catholics in the Basket of Deplorables

In the Diocese of Manchester, Transparency and a Hit List

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

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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

The Post-Trial Extortion of Father Gordon MacRae

Detective James McLaughlin preparing to test a lie.

Some who today cite a coerced post-trial plea deal to evidence Fr Gordon MacRae’s guilt actually had a hand in bringing it about. Plea deals can destroy justice.

My first installment in this series on the story of Father Gordon MacRae was “The Trial of Father MacRae: A Conspiracy of Fraud” posted here in February. I have since learned that after it was published, this blog received a couple of unposted comments that could be construed as death threats. Both were from the same person using fake identities, and contained the same overtly threatening language, “Kill the priest, kill the priest, kill the priest!” They were posted by a man with an IP address in Eastern Massachusetts.

The man who posted them happens to be known to me, but he has been unaware of that fact until now. This man has tried to post other comments using fake names both at Beyond These Stone Walls and other venues when commenters mention this case. He seems to take very personally these efforts to uncover and publish the truth of this matter though he has no direct involvement in this story, and he has never even met Father MacRae. He appears to be highly motivated, however, to bury the truth of this case under the usual toxic rhetoric and hysteria that plague the subject of Catholic priests accused of sexual abuse, and prevent constructive, rational investigation.

Like many members of SNAP, that writer does not post a lot of comments so much as he posts the same comment over and over again in any venue that will accept it. In the case of Father Gordon MacRae, this Toxic Avenger’s favorite comment is that MacRae “has publicly admitted to molesting children!” The claim is by no means new, but like so much of this case it has become part of a public mantra, a snowball that grew ever bigger as it rolled downhill. It is but the latest chapter in this perversion of justice. I want to thank our Massachusetts friend for raising it again and spreading it around until finally I was moved to take it up.

Former Judge Arthur Brennan arrested after accusing Congress of “stealing our freedoms.”

Plea Deals and a Compromised Judge

In her third major article on this story in The Wall Street Journal, “The Trials of Father MacRae,” (May 10, 2013), Dorothy Rabinowitz devoted a few lines to the subject of plea deals offered to the accused priest before and during his trial:

“In mid-trial, the state was moved to offer Father MacRae an enticing plea deal: one to three years for an admission of guilt. The priest refused it, as he had turned down two previous offers, insisting on his innocence.”

— The Trials of Father MacRae by Dorothy Rabinowitz

The previous offers were put into writing in the prosecutor’s pre-trial letters to MacRae’s attorney. In the pre-trial media coverage, state prosecutors trumpeted the multiple accusers — there were four, three of them brothers in the same family — and multiple indictments against this priest, all claims that arose at the same time from over a decade earlier. I described these claims in a post aptly titled, “In Fr Gordon MacRae Case, Whack-A-Mole Justice Holds Court.”

While publicly presenting the priest as a monster in the local New Hampshire news media, state prosecutors moved quietly behind the scenes to offer MacRae a deal to plead guilty and then get on with his life in just one year. Defense lawyers talked up the deal. It would save lots of time and money, and might even save Father MacRae who, it seemed to them, did not actually do any of this. The priest refused it twice before trial and again in the middle of trial just after Thomas Grover’s incredible testimony.

In my article that began this series, “The Trial of Father MacRae: A Conspiracy of Fraud,” I described Thomas Grover’s testimony at trial — testimony that was heavily coached to the point of witness tampering. Pauline Goupil, a psychotherapist retained at the behest of Grover’s contingency lawyer, was observed coaching Grover’s testimony with what appeared to be prearranged signals to cry when tough questions were asked. Her scant “treatment” file contained a copy of a pre-trial letter from Ms. Goupil to Grover never seen by the jury:

“Jim [that’s Keene, NH detective James McLaughlin] told me MacRae is being offered a deal his lawyers will want him to take. So there won’t be a trial. We can just move on to the settlement.”

— Excerpt of letter from Ms. Goupil to Thomas Grover

There seemed to be a sort of bewilderment among prosecutors as to why the priest would not accept their deal. During a short recess, prosecutors pulled defense Attorney Ron Koch aside, then he in turn pulled his client into a hallway.

“They want to know why we won’t take their deal,” he told Father MacRae. “They want us to make a counter offer. They want this conviction. They don’t necessarily want you,” the lawyer said. MacRae says, today, that he just couldn’t go along, that it was never a matter of “throwing his life away” as his lawyers described his insistence on a trial. It was the fact that avoiding trial by taking a plea deal meant that none of the details of this case would ever come out. He would just be another guilty priest who vaguely assaulted claimants who were then given huge settlements by the Catholic Church. It was the story widely told up to then, and since then, but in this case it was not the truth.

When MacRae refused that third plea deal offer following Thomas Grover’s testimony, however, the tone of this trial changed. On cross examination, Attorney Koch asked Grover a simple question: “Who did you go to first with this story, the police, or a lawyer?” As he did so often in this trial when cornered with a question that might unmask him, 27-year-old Thomas Grover (of whom Judge Brennan referred throughout trial as “the victim”) looked alarmed, rattled on incoherently, meandered down meaningless, unresponsive side roads, then looked to Ms. Pauline Goupil for the signal that it was time to start crying. In a related article, “Psychotherapists Helped Send an Innocent Priest to Prison,” I wrote the story behind Grover’s sobbing performance on the witness stand.

The question of who Thomas Grover went to first with his story — the police or his contingency lawyer — went to the very heart of this case and the motive for bringing it: an expectation of a financial settlement from the Diocese of Manchester. To date, the question of who he went to first has never been answered.

The next morning in that courtroom, Judge Arthur Brennan took it upon himself to remedy the situation. Outside the presence of the jury, he instructed all present that he had given Thomas Grover a limiting order barring him from any testimony about the simultaneous claims of abuse brought by two of his brothers, one two years older and one a year younger. Judge Brennan’s remedy was to summon the jury and instruct them — with no explanation whatsoever — that they are to disregard inconsistencies in Thomas Grover’s testimony. As Dorothy Rabinowitz wrote, that jury “had much to disregard.”

Then, when an opportunity approached for the accused priest to take the stand in his own defense, Judge Brennan once again dismissed the jury and addressed the priest directly. He said that if MacRae chooses to testify in his own defense, he will almost certainly open the door to permit the claims of Thomas Grover’s brothers to come before the jury, and thereby become — as bizarre as their stories were — corroborating witnesses for each other. In other words, one lie standing alone has a chance to be undone. Three lies standing together left the defense defenseless. So, in the entirety of this trial and sentencing, Father Gordon MacRae was never permitted to utter a single word.

I covered the story of these additional claims in “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?”

This is the office at St. Bernard’s Church in Keene, NH. Thomas Grover claims to have been raped there five times at age 15 in 1983. A chess set that he claimed to be in the office was not given to MacRae until three years later.

The Marble Chess Set

On direct and on cross examination, Thomas Grover testified that during the 1983 sexual assaults he endured in Father MacRae’s rectory office, Grover saw a large elaborate marble chess set on a table in that office. I described this office, including a set of exterior photographs, in a post on my own blog entitled “Justice and a Priest’s Right of Defense in the Diocese of Manchester.” I am convinced that there are people from Keene, NH who read that — Father MacRae’s jurors, perhaps, and others who know the truth of this story — but they stay in the shadows.

At the trial, Father “Moe” Rochefort testified that he and MacRae and three other friends purchased that marble chess set during a hiking and camping vacation in Bar Harbor, Maine in 1986. So it was not possible that Grover saw that chess set in 1983. Today, Thomas Grover’s ex-wife, Trina Ghedoni, reports that Grover admitted to her at the time that he committed perjury in his testimony about the chess set, “but it was what they wanted him to say.” When asked who “they” referred to, Ms. Ghedoni replied, “Pauline Goupil and Detective [James] McLaughlin.”

Late in the last full day of the trial, Defense lawyer Ron Koch, now deceased, delivered his closing argument to the jury and then left the court to fly off for a murder trial. He was not present in the courtroom when Prosecutor Bruce Reynolds told the MacRae jury that “some people in this court said MacRae was a nice guy. People said that of Hitler too.”

The trial ended and the jury began deliberations late in the afternoon of Thursday, September 22, 1994. Presumably, that first hour was used to select a jury foreman, then they all went home. The next day, Friday, September 23, 1994, the jury returned at 9:30 AM to ask a question of Judge Brennan. They wanted to see a transcript of Father Rochefort’s testimony about the marble chess set. Judge Brennan denied the jury request, telling them that they must rely solely on their memories of that testimony.

One hour later, MacRae was summoned back into the courtroom. The jury had reached a verdict in spite of their unanswered question. MacRae stood to hear the twelve jurors’ finding of “guilty.” He says, today, that not one would look at him directly. They looked only at Judge Brennan.

The Sentence and the Extortion

Knowing about the proffered and refused plea deals — or at least having no excuse NOT to know of them — Judge Arthur Brennan would eventually sentence Gordon MacRae to more than thirty times the minimum sentence of one year which the State was willing to recommend had MacRae allowed the entire case to be piled into one convenient plea deal. I wrote about the refused deal of one to three years and the imposed term of 67 years in “Judge Arthur Brennan Sentenced Fr Gordon MacRae to Die in Prison.”

That article raised an important question about justice. How is it that the man who stood before Judge Brennan was more of a monster for maintaining his innocence and preserving his rights than he was had he admitted guilt? If MacRae had in fact been guilty, and therefore willing to say as much, he would have left prison over 25 years ago.

When this trial was over, Father MacRae was taken immediately to a jail cell to await Judge Brennan’s sentence. Defense lawyer Ron Koch resigned from the case telling the priest via telephone that the verdict “did not reflect anything that took place in that courtroom.”

In “The Prison of Father MacRae: A Conspiracy of Silence,” my second installment in this series, I wrote that MacRae took and passed a set of polygraph examinations in the claims brought by Thomas Grover and his brothers, Jonathan Grover and David Grover. None of the three have ever agreed to submit to polygraphs. I wrote that a defense decision to reveal MacRae’s polygraph results to the Diocese of Manchester before trial was disastrous.

The result was a glaring, highly prejudicial, and explosive pre-trial press release that publicly declared Father MacRae to be guilty before jury selection in his trial. The Bishop of Manchester’s press release so prejudiced this case that it was a major factor in defense attorney Ron Koch’s decision to resign.

Attorney Koch was simply bewildered at the willingness of Church officials to enter into settlement negotiations with accusers regardless of the truth, regardless of the guilt or innocence of the accused. Dorothy Rabinowitz put it somewhat more delicately, “Diocesan officials had evidently found it inconvenient to dally while due process took its course.”

This appears to be what The Rev. Richard John Neuhaus meant in “A Kafkaesque Tale” when he wrote that the MacRae case “reflects a Church and a justice system that seem indifferent to justice.” Exiting the case, Attorney Koch told the convicted and jailed priest that subsequent trials would have to be turned over to a public defender, and that MacRae had no hope of prevailing. None. Zero. He warned the priest that there was hope of overturning the Thomas Grover case on appeal, but that he could not possibly hope to ever leave prison if he is convicted in another trial of claims brought by Thomas Grover’s brothers and then two others who jumped aboard. (That’s a whole other story, and it’s coming!)

The Negotiated Lie

State prosecutors knew all this, but those behind this case also knew that certain facts in the background risked also becoming public in future trials. So a new deal was set forth. The priest, still awaiting Judge Brennan’s sentence in the Thomas Grover trial, was offered a sentence of zero years in prison if he would forego additional trials and plead guilty to only the remaining charges. The details of those remaining charges are laid out in an article of mine entitled, “Truth in Justice: Was the Wrong Catholic Priest Sent to Prison?”

It’s cheap and easy to say today that Father MacRae should not have accepted this deal, but that does not capture the reality of it. Everyone around him at the time told him that he had no choice. The State’s prosecutorial machine and the Diocese of Manchester’s press release combined to utterly destroy this man, his due process rights, and his freedom. Under their combined, unbearable weight — alone, impoverished by the previous trial, abandoned by his legal counsel, vilified by his own bishop and diocese, siting in jail awaiting sentence — Gordon MacRae was undone as this final negotiated lie was thrust upon him. There were many owners of this lie. It was not MacRae’s alone.

Seventeen years later, Joan Frawley Desmond, Senior Editor at the National Catholic Register newspaper, took on a subject anathema to most in the secular and Catholic press: the idea that some accused priests might be innocent. In “Priests in Limbo,” the second of a two-part article in the NC Register (Feb. 17, 2011) Joan Frawley Desmond wrote of the story of Father Gordon MacRae:

“The Diocese of Manchester doesn’t share [Ms.] Rabinowitz’s belief in the priest’s innocence. ‘Father MacRae pleaded guilty to felonious sexual assault,’ stated diocesan spokesman Kevin Donovan.

“Rabinowitz offered an exculpatory back story to Father MacRae’s post-trial plea … . Donovan also would not address Rabinowitz’s charge that the Manchester Diocese issued a pre-trial statement that lent credence to the abuse allegations.”

— Joan Frawley Desmond, NC Register

That officials of the Diocese of Manchester would today cite as evidence of guilt the very scenario that they themselves had a hand in creating is one of the bombshells yet to be fully defused in this case. Those very words, that MacRae “admitted” to some charges, were packaged by Monsignor Edward Arsenault — himself sent to prison after taking a plea deal — and sent to Rome in an effort to have MacRae forcibly dismissed from the priesthood, an effort that, thankfully, has not succeeded.

Such perversions of justice are by no means limited to this one case. The Innocence Project reveals that of the more than 800 proven wrongful convictions in the United States in recent years, a full twenty-five percent had buckled under coerced pre-trial plea deals. Ninety-five percent of criminal cases are resolved through plea bargaining, and it is no measure of justice.

I am far more persuaded by the sworn statement of career FBI Special Agent Supervisor, James Abbott, who concluded,

“During the entirety of my three-year investigation of this matter, I discovered no evidence of MacRae having committed the crimes charged, or any crimes. Indeed, the only 'evidence' was the claims of Thomas Grover which others today, including members of his family, have discredited.”

— FBI Special Agent Supervisor, James Abbot

If you ever again read somewhere that Father Gordon MacRae “admitted guilt,” please set the record straight and leave a link to this post. He didn’t. Not by any standard of truth and justice I know of.

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Editor’s Note: Thank you for reading and sharing this post. You may also like this related post from Brian Fraga at the National Catholic Register :

New Hampshire Priest Continues the Long Road to Clear His Name