Dying in Prison in the ‘Live Free or Die’ State

News articles allege that Detective James McLaughlin falsified reports and/or evidence but this was kept hidden from the jury in the 1994 trial of Fr. Gordon MacRae.

July 13, 2022 by Charlene C. Duline

Editor’s Note: The following is a guest post by noted author, Charlene C. Duline. Retired from a distinguished career as a diplomat and Foreign Service Officer with the U.S. State Department, Ms. Duline served the United States in several nations across the African Continent, in East Pakistan and Panama, and at United Nations Headquarters in New York. She holds degrees in journalism and political science from Indiana University and a Master’s degree in International Public Policy from the Johns Hopkins School of Advanced International Studies in Washington, DC.

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I am outraged at the State of New Hampshire! Every citizen in the State should be! Recent news articles by Damien Fisher and Nancy West at InDepthNH.org have pulled the shroud of secrecy from a grave injustice. Few people in that State knew about a list formally called the “Exculpatory Evidence Schedule,” now better known as the “Laurie List.” The list was revealed in December 2021 by the New Hampshire Attorney General as a result of litigation filed by the American Civil Liberties Union of New Hampshire and the New Hampshire Center for Public Interest Journalism which remains a litigant seeking the full publication of that list.

The court-ordered release of the list of compromised police is based on a Supreme Court decision holding that if favorable exculpatory evidence has been knowingly withheld by the prosecution in a criminal case, the burden shifts to the State to prove beyond a reasonable doubt that the undisclosed evidence would not have affected the outcome of a trial. If such a violation occurred and the State failed to meet its burden, a defendant has been denied his right to present all favorable proofs and is entitled to a new trial or to have his convictions vacated altogether.

Former NH detective James McLaughlin, the shady detective who was instrumental in pursuing lie after lie about Fr. Gordon MacRae sending him to a long prison term in 1994, was prominent on the Laurie List for “Falsification of Records” and/or evidence. Over 28 years of wrongful imprisonment in the New Hampshire State Prison, MacRae has consistently asserted that the case against him was built on lies, cheating and distortions aided and abetted by a dishonest police officer.

Just as Innocence Project founder Barry Scheck predicted in his 2003 book, Actual Innocence, those assertions have since been ignored or explained away at higher levels of the justice system by judges with a clear bias in favor of police and against defendants — and this defendant in particular. Judge Arthur Brennan, the first New Hampshire judge to hear this case, told jurors to “disregard inconsistencies” in accuser Thomas Grover’s testimony. As The Wall Street Journal’s Dorothy Rabinowitz wrote in The Trials of Father MacRae, they had much to disregard.

In addition to new evidence and witnesses that other judges declined to hear, much of MacRae’s failed 2012 Habeas Corpus petition was about Keene, New Hampshire sex crimes detective James McLaughlin and the shady tactics he employed to generate claims, prosecute, and convict MacRae in 1994 paving a path to lucrative settlement deals from the Catholic Diocese of Manchester.

Now it turns out that McLaughlin was sanctioned on a secret Attorney General’s list for “falsification of records” in 1985, nine years before the trial of Father MacRae. Under a U.S. Supreme Court precedent, Brady v. Maryland, prosecutors were required to reveal that fact to Defendant MacRae and his legal counsel. They did not. This was especially egregious because a central issue in this case has been the falsification of police reports and witness tampering.

Since there were no consequences, McLaughlin continued what he did best. The record in this case is filled with post-trial witness statements that he threatened, intimidated, coerced and lied to witnesses, and falsified records. At least one witness today claims that this detective attempted to suborn his perjury with a monetary bribe. Judge Joseph Laplante, the New Hampshire federal judge who heard MacRae’s Habeas Corpus petition, ignored all of this and allowed none of these witnesses to testify under oath.

Few people know that Fr. MacRae was offered two plea deals before his trial and one during trial. He was told that if he would plead guilty he would receive only one year in prison. This honest man turned down the plea deals. The lengthy criminal rap sheet of 27-year-old accuser Thomas Grover includes multiple arrests for forgery, theft, burglary, drugs, and assault. He broke his future ex-wife’s nose when she questioned his perjury.

The jury never heard any of this. Neither did they hear that Thomas Grover several times received financial payments from his personal injury lawyer, advances on his expected windfall in his accompanying civil lawsuit — a practice that is forbidden by the rules of professional conduct for lawyers. Grover was awarded almost $200,000 for crimes that never took place. There are photos of him dancing with stacks of $50 bills.

At the trial, Judge Arthur Brennan warned MacRae that if he took the stand in his own defense, the judge would open the door for Thomas Grover’s brothers to testify to their own false claims in related civil lawsuits. Gordon MacRae was the only person never heard from in this trial. In a flimsy 1996 appeal represented by a public defender (because MacRae’s diocese refused to help him), MacRae was not even allowed to be present. At three attempts at a Habeas Corpus appeal before state and federal courts since this trial, neither MacRae nor any witness for his defense were permitted to give testimony. At no time has any court official allowed a single word from this defendant.

The man who actually controlled the Diocese of Manchester during much of MacRae’s sentence was Monsignor Edward J. Arsenault, now known as Edward J. Bolognini. He violated Church law regarding Father MacRae who was never told, despite repeated requests, what the Diocese conveyed to the Holy See in Rome about this matter. Arsenault was later dismissed from the priesthood after pleading guilty to stealing almost $300,000 from the Diocese and the estate of a deceased priest. He reportedly spent the stolen money in the company of a much younger gay musician.

At the time of his nearly $300,000 embezzlement, Arsenault held a $170,000 per year position as Executive Director of the St. Luke Institute for troubled priests in Maryland. He served only two years of a 20-year prison sentence before being released and his sentence vacated when an unnamed third party paid his entire restitution. Now a convicted felon with a new name, he today administers a lucrative contract for the City of New York.

I believe that Father MacRae’s bishop and diocese owe him apologies for their abandonment of him, their presumptions of guilt, their refusals to visit or even correspond with him for 28 years in prison where Father Gordon MacRae remains a priest. He offers Mass in his cell each week, and has been instrumental in saving lives and souls. One of them is the life and soul of my Godson, Pornchai Moontri, a conversion story beautifully told by Marian Helper Editor, Felix Carroll in the great Divine Mercy book, Loved, Lost, Found.

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Editor’s Note: Charlene Duline’s Godson, Pornchai Moontri, now residing in Bangkok, Thailand, was the subject of a stunning investigative report by Father Gordon MacRae:

“Getting Away with Murder on the Island of Guam”.

For additional information on Charlene Duline’s article, see the following:

AG Hides Some ‘Laurie List’ Names Hours After Release By Damien Fisher, InDepthNH.org

Famed Keene Cop Called Out for Federal Entrapment By Damien Fisher, InDepthNH.org

A Grievous Error in Judge Joseph Laplante’s Court By Ryan A. MacDonald

The Trial of Father MacRae: A Conspiracy of Fraud by Ryan A. MacDonald

Omertà in a Catholic Chancery — Affidavits Expanded

Silencing the truth is never in the service of the Church. For one wrongly imprisoned priest, the buried truth and uncovered lies have both been crosses to bear.

“Have no fear, for nothing is covered over that will not be revealed, or hidden that will not be known. What you hear in the dark utter in the light; what you hear whispered, proclaim from the rooftops.”

Matthew 10:26-29

Editor’s Note: The following is Part 2 of a guest post by Father George David Byers, SSL, STD. Part 1, was “A Code of Silence in the U.S. Catholic Church: Affidavits.”

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Last week here at Beyond These Stone Walls, I presented some examples of a plague of omertà that has arisen in recent decades in the Catholic Church in America. Omertà is an insidious code of silence that can too easily become a part of mob justice, influencing someone to set aside truth in deference to the mob’s preferred or demanded truth. Omertà empowered the mafia, but it has no place in the Catholic Church.

When fearlessly digging into truths that some want to be kept hidden and not shouted from the rooftops, other truths are also necessarily unearthed. Before delving into some truths in the form of some affidavits by courageous people revealed here in Part 1 of this post, I want to tell you a true story. It was revealed to me by the great Pornchai Maximilian Moontri who now dwells in the Kingdom of Thailand.

Pornchai has helped me to understand a truth that is nearly universal among those who have in fact been victims of sexual assault. The only thing that is as obnoxious to them as having been raped is to see their own sufferings capitalized upon by false accusers for money, and by clericalists who make themselves into heroes by paying out settlements with no evidence or due process of law. Priests are too often considered guilty just for being accused.

Pornchai conveyed the story of one day being in the cell alone with Father Gordon. They had been cell mates for about two years then. It was about a year before Father Gordon’s blog began. Father G was reading his mail and said to Pornchai, “This woman wants to know if I am safe here.” Pornchai responded spontaneously and with total sincerity: “Does she mean from us or from other priests?” Then the next letter Father G opened was from a priest of his diocese to whom he had written. The priest returned his letter with a note on the envelope: “Communication with you is neither prudent nor welcome.”

Prison, by nature, is often a violent place. As a child of 12 brought to the State of Maine from a foreign country, Pornchai became a victim of violent sexual abuse. Father Gordon wrote that shocking story in “Human Trafficking: Thailand to America and a Cold Case in Guam.” When Pornchai went to prison at age 18, he dealt with the prison violence in the only way he could. He vowed that he would never again be someone’s victim. So he understandably met violence with violence of his own. It landed him in repeated long years in solitary confinement. After 14 years, Pornchai was transferred to the New Hampshire prison.

(Not long after, PBS Frontline produced a feature about the very solitary confinement cell in which Pornchai had spent years. PBS Frontline “Solitary Nation” should not be missed.)

In New Hampshire, Pornchai ended up in a cell with a man accused and convicted of the very thing that destroyed his life. It did not take him long — with his innate alertness to predation — to discover that Father G had been falsely accused. Pornchai once told me this story that I held off writing until he was out of the prison system:

“One day, I got a notice from the prison mental health department that a new 2O-week program was beginning called ‘Interpersonal Violence.’ My friend Father G thought it might be an opportunity for me so I said I would go if he goes with me. So we both signed up for it. Prison is filled with needy young men who have really broken lives. Some of them look for safe, comfortable older prisoners who might buy them things and take care of them. The result is a sort of mutual exploitation and prisons are filled with this. One young kid, about 19, who was attending the program quickly tried to latch on to Father G without knowing anything about him. I was going to speak with him, but decided to wait.

“Over the next few sessions as I sat next to Father G, I was aware of how this kid was skillfully trying to gain his interest and maneuver his way into his life, but Father G was oblivious to it. Later that night I told him what I observed, but he had no idea what I was talking about. At the next session, Father G and I simply agreed to switch seats. In all his years in prison, Father G has been surrounded by people like this, many of them young drug addicts who would sell their soul for a few bucks for drugs. In all those years, Father G was never observed or even suspected of having any interest in them at all except to show those receptive to it a way out of their prison within a prison.”

The Egregious Double Standard of Justice

There is a lot more to Pornchai’s story of his years with Father Gordon MacRae in prison. As he came to trust Father G, he had a growing awareness of things changing for the better in his life. After a few years, Pornchai made a decision to become a Catholic. He was received into the Church on Divine Mercy Sunday an event related beautifully by Felix Carroll in a chapter in his Divine Mercy Conversion book, Loved, Lost, Found.

In the years to follow, Father Gordon’s writing about Pornchai’s life garnered some attention in both the United States and across the globe, especially in Thailand where that story began. Thanks to Father Gordon’s writing, Pornchai’s tormentor was brought to justice 33 years after he brought destruction to this young man’s life. I am not certain we can actually call it justice, however.

In late 2017, Richard Alan Bailey was arrested at his Oregon home and indicted on forty (40) felony charges of sexual violence against Pornchai at ages 12-14. There was much evidence against him discovered in the form of police reports, school reports, social services battered child reports, medical reports, but none of it ever resulted in action. In September 2018, Richard Alan Bailey entered a plea of “no contest” but was found guilty on all forty counts in a Maine court. Bailey was sentenced to forty years in prison, all suspended, and 18 years probation. He will never serve a single day in prison.

Meanwhile, Pornchai was very much aware that in the neighboring State of New Hampshire, Father Gordon MacRae refused a plea deal that would have resulted in one year in prison, then was found guilty of five charges with no evidence at all and sentenced by a bitterly anti-Catholic judge to 67 years in prison. Pornchai was also aware that Father Gordon’s bishop and diocese stacked the jury with a pre-trial press release pronouncing him guilty of victimizing not only his accusers, but the entire Catholic Church.

Pornchai says that Father G “led by example” when explaining to him that bitterness and resentment over past wounds, however deep, are “like a toxic brew that you put in your own tea, and then drink to your own spiritual peril.”

On that Divine Mercy Sunday when Pornchai was received into the Church in 2010, it just happened to be a day that Bishop John McCormack offered his annual Mass at the Concord, New Hampshire prison. He Confirmed Pornchai in his faith and gave him First Eucharist, but never spoke a single word to Father Gordon. In the prison chapel sacristy after Mass, Pornchai shook Bishop McCormack’s hand. “You have a good friend,” said the Bishop who had read the accounts of Pornchai’s life. “You have a good priest,” Pornchai responded.

Father Gordon saw to it that Pornchai came into the Catholic faith with eyes open about the meaning and power of both sin and grace. “If these events had not happened to me,” Father Gordon said, “Pornchai and I would have never met.” He challenged Pornchai to rise above resentment, and it was in the rising that they both found grace. This was a story, however, in which the insidious practice of Omertà, that evil code of silence that I wrote about here last week, has played a destructive role. In First Things magazine in 2008, the late Father Richard John Neuhaus wrote:

“The Bishop and the Diocese of Manchester do not come off as friends of justice, or, for that matter, of elementary decency. You may want to read this Kafkaesque tale then you may want to pray for Fr. MacRae, and for a Church and a justice system that seem indifferent to justice.”

— A Kafkaesque Tale

Affidavits Expanded

In my first installment of this post, “A Code of Silence in the U.S. Catholic Church,” I revealed two affidavits prepared by a New Hampshire lawyer and a senior executive of PBS which produces the award-winning investigative news program Frontline. The affidavits were entirely independent from each other. They describe meetings with former Diocese of Manchester Bishop, the late John McCormack. To recap, the following are the most pertinent statements in these affidavits:

From the Affidavit of Attorney Eileen A. Nevins:

“In June of 2000, I met with New Hampshire Bishop John McCormack at the Diocesan office .… 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.”

From the Affidavit of Leo P. Demers:

“During October 2000, I met with Bishop John McCormack at the Diocesan office in Manchester, New Hampshire .... 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.’”

Fortunately, Mr. Demers prepared careful notes immediately following his meeting. They provide a most helpful context for what was going on in the background in the Diocese of Manchester at the time. The transcript is fascinating, and I begin it here with the initial telephone call to Auxiliary Bishop Francis Christian at the Manchester Chancery office:

LEO DEMERS: “I am calling from WGBH-TV in Boston ... I am concerned that Fr. Gordon MacRae was being considered as a feature story for Frontline here on PBS. Since you are the only person left in the Chancery Office who was there at the time of the accusations and trial ... I would like to meet with you to discuss the matter.”

[Note from Father Byers: Just four months earlier, but unknown by Mr. Demers, Bishop Christian attended a meeting with Bishop McCormack and Attorney Eileen Nevins. At that meeting, as per the affidavit of Attorney Nevins above, Bishop Christian was quite clear in his view that Father MacRae was not guilty. Did something happen in the interim? Given his stacking of the jury in his 1993 pre-trial press release, was he intimidated by someone in the news media? Read on … ]

BISHOP CHRISTIAN: “This is not my responsibility. I have nothing to do with that. You will have to speak with Bishop McCormack.”

LEO DEMERS: “But you were part of what happened at that time and would have firsthand knowledge of all that occurred. Bishop McCormack was in Boston when all this happened.”

BISHOP CHRISTIAN: “You will have to speak with Bishop McCormack. He is the one who is responsible. I can arrange for you to have a meeting with him.”

LEO DEMERS: “I would rather meet with you.”

BISHOP CHRISTIAN: “Bishop McCormack handles all such inquiries. You will have to call him yourself or I can arrange a meeting with him for you.”

[ Note from Father Byers: Mr. Demers noted that he would be in Israel and the Middle East for the next two weeks. His notes indicate that a meeting was scheduled with Bishop McCormack for October 13, 2000, and that Father MacRae knew nothing of this planned meeting. He writes that upon arrival at the Chancery he was escorted to Bishop McCormack’s office. The Bishop spoke first: ]

BISHOP McCORMACK: “I don’t want any of this to leave this office because I have struggles with some people in the Chancery office that are not consistent with my thoughts, but I firmly believe that Father MacRae is innocent and should not be in prison.”

[Note from Father Byers: Mr. Demers then wrote in his notes: “This knocked the wind out of my sails. It seems to me that the wrongful imprisonment of Fr. Gordon is ongoing. Those concerned with this matter could be subpoenaed by a court of law or by the Congregation for the Doctrine of the Faith (CDF).” The transcript continued: ]

LEO DEMERS: “You know why I am here. I assume Bishop Christian has informed you of our phone conversation and my desire to speak with him. You are a busy man. Bishop Christian has firsthand knowledge of the events surrounding Fr. MacRae’s incarceration.”

BISHOP McCORMACK: “He was tried and found guilty.”

LEO DEMERS: “With all due respect, your Excellency, I was there and you were not. There was nobody present representing the Manchester Diocese.”

BISHOP McCORMACK: “I mentioned to you that I believe he is innocent. I plan on meeting with him when I visit the prison during the coming Christmas season and I will discuss this.”

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

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

LEO DEMERS: “It is not a flawless judicial system. Many innocent people fall through its cracks. Correcting an injustice is a formidable task and Fr. Gordon does not have the resources to even begin the process.”

Epilogue: The Spin

The promised Christmas meeting with Father MacRae in prison never took place. On February 15, 2002, Bishop McCormack, Bishop Christian, and Father Edward Arsenault held a press conference to release the names of all priests of the Diocese who were “credibly accused.” Father MacRae was not on that list. (That scene is depicted in the graphic atop this post with, left to right, Father Edward J. Arsenault, Bishop Francis X. Christian, and the late Bishop John B. McCormack at the podium.)

Over the course of the next year, many “confidential” memos passed between Bishop McCormack, Father Edward Arsenault, and various attorneys for the Diocese. Father MacRae was privy to none of them. Father Arsenault, who oversaw all lawsuit settlements for the Diocese, had an egregious conflict of interest in that he was simultaneously Chairman of the Board of the National Catholic Risk Retention Group providing oversight of insurance settlements for Catholic institutions across the country. At some point, he took over communications with Father MacRae on behalf of the bishop.

Father MacRae was never told of the above affidavits and did not know of Bishop McCormack’s statements about his belief in MacRae’s innocence and wrongful incarceration. A major sticking point in the various subsequent exchanges from the Bishop’s office was a demand that Father MacRae cease all contact with Dorothy Rabinowitz and The Wall Street Journal, submit to the Diocese a list of the names of everyone with whom he has discussed this matter, and agree in writing to limit all future contacts only to those approved by Diocesan officials. He was also asked to agree to appeal only his sentence and not his conviction, and to allow Father Arsenault to choose his legal counsel. Father MacRae rejected those conditions.

After The Wall Street Journal published an explosive series of articles by Dorothy Rabinowitz on the Father MacRae case in 2005 and again in 2013, Father never again heard from any official of his diocese with the exception of letters described below.

In 2008, Bishop McCormack wrote in a letter to an advocate of Father MacRae denying that he ever stated a belief that Father MacRae is innocent and should not be in prison. In 2009, Father Edward Arsenault became Monsignor Edward Arsenault and assumed a $160,000 per year position as Executive Director of the St. Luke Institute in Maryland where Bishop McCormack served on the Board of Directors. In 2015 he went to prison for embezzlement and forgery. Among the documents he is now suspected of forging were letters to the Holy See about the MacRae case.

Monsignor Arsenault was subsequently dismissed from the clerical state by Pope Francis. He has since changed his name to Edward J. Bolognini.

Bishop Peter A. Libasci, the current Bishop of Manchester, has, to this day, not once allowed Father MacRae to speak of this case in his own defense. Ryan A. MacDonald wrote of the unconscionable statements in this regard by the diocesan spokesman in “The Post-Trial Extortion of Father Gordon MacRae.”

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Please share this post and review these related posts:

Human Trafficking: Thailand to America and a Cold Case in Guam

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

The Trials of Father MacRae — The Wall Street Journal

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

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Note from Father Gordon MacRae: Father George David Byers, SSL, STD is a parish priest in the Diocese of Charlotte, North Carolina, a chaplain to law enforcement, and a Missionary of Mercy appointed by Pope Francis for the Jubilee Year of Mercy, a position the Holy Father has extended to the present day. Father Byers writes at the faithful and bold Catholic blog, Arise! Let Us Be Going!

From the BTSW Editor: Ryan A. MacDonald has a new post at A RAM in the Thicket that impacts both Father Gordon MacRae and this blog. Please read “At the Catholic Media Association, Bias and a Double Standard.”

Monsignor Arsenault served two years of a four-to-twenty year sentence with the remainder suspended. He is depicted here shaking hands with his prosecutor from the NH Attorney General’s Office after accepting a plea bargain.

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

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

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

August 25, 2021

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

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

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

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

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

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

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

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

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

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

Manchester Bishop Peter A. Libasci

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

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

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

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

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

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

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

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

Former New York Governor Andrew Cuomo

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

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

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

— Dr. Bill Donohue

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

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

— Governor Andrew Cuomo, June 2020

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

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

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

— Dr. Bill Donohue, Catalyst, April 2021

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

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

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

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

You may also want to read these relevant posts:

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

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

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

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

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

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