Why this Falsely Accused Priest Is Still in Prison

Why are some innocent defendants kept in prison? Attorney Harvey Silverglate unmasks the perversion of justice when judges give finality more weight than justice.

August 30, 2023 by Fr Gordon MacRae

Preliminary Note: I first wrote this post in 2018. The entire landscape of my own situation has radically changed since then. On October 9, 2022, famed Boston civil rights Attorney Harvey Silverglate penned an Op-Ed for The Wall Street Journal entitled “Justice Delayed for Father MacRae.” He wrote of how any hope for my ongoing defense fell into silence for several years until early 2022. At that time, new evidence emerged that James F. McLaughlin, the Keene, New Hampshire police detective who choreographed the case against me in 1994 had been present on a secret list for police misconduct. The charge against him, which preceded my trial by a few years, was “falsification of records.” Since then a New Hampshire court has sealed his file and has, in a secret hearing, allowed his name to be removed from the public misconduct list. Others who have written of this matter have somehow uncovered other incidents of police misconduct by him including allegations of falsification of evidence, witness intimidation, destruction of tape-recorded evidence, and other examples of official dishonesty, all of which I have been accusing him of for the last 30 years. There are signs of an official coverup going on in New Hampshire, and until someone gets to the bottom of it, progress in my defense had once again fallen into silence.

Until now. Next week in these pages we will host an explosive Op-Ed by a Los Angeles documentary researcher who seems to have arrived, if not at the bottom line of what has actually gone on, then very near to it. She has described her Op-Ed as “the epic of all epic scandals.”

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In North Carolina in 1983, half brothers Henry Lee McCollum, 19, and Leon Brown, 15, were arrested and charged with a heinous crime, the rape, and murder of an 11-year-old girl. Public pressure to solve the case was intense. A lot of facts were overlooked because the police felt certain they had the right suspects. The two brothers were interrogated for hours on end, finally confessed, and then were sentenced to death.

But after an initial state appeal, the young men’s confessions were seen as coerced and vacated. They stood trial but were convicted again. Only the sentence changed. This time Henry Lee remained on death row while Leon, being still a minor, was sentenced to life in prison. Further attempts to appeal their case were rejected by judges citing the state’s interest in “finality,” a principle of law that often prevails over justice.

I often receive letters and comments from readers who may not know the history of my own attempts toward justice. The well-meaning comments suggest that I seek out the Innocence Project for assistance, or that I appeal to the New Hampshire Supreme Court, or file a habeas corpus petition in the federal courts.

I know that these readers would have to plow through a lot of past material on this site to get a sense of how strenuously we have tried all of the above. The Innocence Project has saved many lives, but before taking a case it usually requires the existence of irrefutable DNA evidence that would exonerate a prisoner.

Absence of Evidence Is Not Evidence

A conviction like mine is different. Because no crime ever actually took place — a truth that comes down to my word against an accuser’s word — there was no evidence and nothing to review except the accuser’s claims themselves. For reasons you might understand if you keep reading, emerging evidence of innocence, no matter how compelling, has so far been unable to prevail over the court’s interest in finality.

The sheer number of cases overturned with irrefutable DNA evidence do not seem to translate for judges into a concern that wrongful convictions are more common than they want to admit. Mistakes that are made when there is evidence do not compel judges to consider that mistakes are also made when there is none. How finality prevailed over justice in my own attempts at appeal was laid out in an important article by Ryan MacDonald, “A Grievous Error in Judge Joseph Laplante’s Court.”

The grievous error notwithstanding, Judge Laplante was not in error in his procedural handling of my habeas corpus appeal. He simply followed existing case law. One of the most egregious principles of law to come out of the United States Supreme Court in modern times was a 1993 decision in Herrera v. Collins.

Chief Justice William Rehnquist wrote in his majority opinion that “A claim of Actual Innocence is not itself a constitutional claim” that entitles a convicted defendant to federal habeas corpus relief. This also applies to death penalty cases. Actual innocence is not a bar to lawful execution.

Let that sink in. But first, back to half-brothers Henry Lee McCollum and Leon Brown in North Carolina: After being sent to prison for the heinous rape-murder charges, the two young men themselves became the victims of sexual and physical assaults.

In a bizarre twist, an older prisoner befriended them, stating his belief in their innocence. That prisoner, Roscoe Artis, had been convicted for a series of sexual assaults against women and was a suspect in at least one “cold case” homicide. It turned out that Mr. Artis believed in the innocence of Henry Lee McCollum and Leon Brown because he himself actually committed the crime for which they were in prison. He did not tell them this, however.

In 2014 — 31 years after being sentenced to prison — the case of Henry Lee, still not yet executed, was revisited by Sharon Stellato, an investigator for the North Carolina Innocence Inquiry Commission. She undertook a dogged pursuit of the actual evidence against them but found none. What she did find, however, was some DNA evidence from the crime scene that had never been tested.

It was enough — just enough — to overcome finality so a judge ordered it to be tested. It excluded Henry Lee and Leon from any involvement in the crime, and it convicted Roscoe Artis, the man who befriended and protected them in prison. It was also revealed that fingerprints found at the 1983 crime scene were not a match for either Henry Lee or Leon, a fact that the police never conveyed to defense attorneys. At ages 50 and 46, more than 30 years after they were sent to prison, Henry Lee and Leon were finally released.

Politics, Prosecutors, and Career Paths

About every other week or so, usually on a Friday afternoon, I am summoned to a prison office to open and sign for an item of legal mail. Anything sent to a prisoner that obviously comes from a court, a lawyer, or a law firm falls into this category. It simply means that unlike all other mail, the item is opened in my presence after I sign a log indicating that I accepted it.

Prisoners shudder when the P.A. system announces their names for legal mail. It is generally an omen of bad news for prisoners. Those who are guilty of their charged offenses — and yes, they are the vast majority — don’t mind so much. They expect little beyond the justice already meted out to them. But those who maintain their innocence brace themselves for a letdown, or another step toward bankruptcy, whenever their names are called.

It is one of the myths of prison that many prisoners claim to be innocent. The reality is just the opposite. Those who do so are taunted as “damn fools” by nearly all others. I spent my first few years here fending off a taunt by both prisoners and guards: ‘You could have been out of here in ONE YEAR if you took a deal? What an idiot!” 

Much of the legal mail that I am summoned to pick up these days is from Harvey A. Silverglate, a well known civil rights and appellate defense lawyer in Cambridge, Massachusetts. Mr. Silverglate is author of the book, Three Felonies a Day: How the Feds Target the Innocent (Encounter Books 2009).

The foreword of the book is by Alan Dershowitz, a Harvard Law professor and a colleague and friend of the author. Both Misters Silverglate and Dershowitz appear frequently in the Boston and national media, and I have followed them for years.

In his Foreword, Alan Dershowitz presents with clarity a crucial point that I have made many times. Mr. Dershowitz writes:

“Prosecutors in other countries are civil servants who do not pander to the people’s understandable wish to be safe from crime ... in the United States, prosecutors are not only elected ... but the job is a stepping stone to a higher office as evidenced by the fact that nearly every congressman or senator who ever practiced law once served as a federal or state prosecutor. Winning becomes more important than doing justice.”

— Three Felonies a Day, p. xxv

It is also an important fact that prosecutors routinely move on to political appointments as judges. Judge Joseph Laplante, who declined to hear any evidence or testimony in my federal habeas corpus appeal, had a career as a federal prosecutor spanning twenty years before his appointment to the federal bench. Judge Laplante had been prosecutor in the NH Attorney General’s office at the time of my trial and first State appeal, and likely knew of Detective McLaughlin presence on the secret list of dishonest police.

Judge Arthur Brennan, who presided over my 1994 trial, was personal legal counsel to then-Governor Judd Gregg (1989-1992) when he received a political appointment to a judgeship just months before my trial. Judge Larry Smukler, who declined to hear my State habeas corpus appeal, also declined to provide any biographical information about his career trajectory for the official New Hampshire Law Directory.

The Acknowledgements section of Harvey Silverglate’s Three Felonies a Day is a virtual Who’s Who of many of the advocates for justice who have taken up my case. The names there include Dorothy Rabinowitz whose writings in The Wall Street Journal reopened my story in the important court of public awareness.

Also included there is Bob Chatelle, founder and president of the National Center for Reason and Justice which continues to feature my story and its appellate case files. Mr. Chatelle also hosts the Friends of Justice blog which links to many of my posts and has featured posts about my experience of justice.

Harvey Silverglate’s “Freedom Watch”

Mr. Silverglate, being a Massachusetts attorney, is not able to represent me in New Hampshire, but he generously sends me each installment in his series of articles called “Freedom Watch” published by WGBH News. I am most grateful for these informative glimpses into the inner function, and too often DYSfunction, of the criminal justice system. Mr. Silverglate has also long been a reader and supporter of Beyond These Stone Walls.

A recent article he sent was “When the Criminal Justice System Can’t Admit a Mistake: The James Rodwell Case.” He refers to this murder conviction as “a case that will not go away” because “too many people remain disturbed by the outcome.” Harvey Silverglate is one of them because …

[The] instinct that drives people to persevere when the system misfires is countered by the system’s self-protective reflex that makes it difficult to get judges to take a second, third or fourth look into a case, even when new and powerful evidence of a severe miscarriage of justice surfaces.”

This self-protective reflex, Mr. Silverglate says, has long roiled the justice system, producing “considerable disagreement between the two camps of judges — those who view finality as the ultimate goal, and others who deem justice to be paramount.” The central issue in the James Rodwell case, says Silverglate, is whether Mr. Rodwell actually committed the murder for which he has constantly maintained his innocence throughout 36 years in prison.

The sole evidence against him was the testimony of “two inmate thugs” who were treated favorably by prosecutors and police in exchange for their testimony. One of them claimed that Rodwell confessed to the murder while they occupied neighboring cells in a county jail where they were held pre-trial. Further, the district attorney’s office had since “lost” the entire file of its prosecution of this case.

Mr. Silverglate went on to describe the “remarkable display of clairvoyance” in a Superior Court judge who denied Rodwell’s latest appeal. The judge stated that “it is highly unlikely” that the ‘lost’ files contain evidence of prosecution deals afforded to inmate witnesses in exchange for their testimony.

This judicial clairvoyance struck a familiar note. When my own habeas corpus appeal came up against a wall of finality, Judge Joseph Laplante offered some clairvoyance of his own. While declining to hear from witnesses, including my accuser’s former wife, Judge Laplante attributed a motive for her to lie today about her ex-husband’s perjury: Thomas Grover was charged with felony domestic assault for punching her and breaking her nose before my trial — a charge conveniently dropped on the day my trial ended in a conviction.

Her bravely coming forward with the truth today was explained away by Judge Laplante who asserted that my defense could have called her as a witness at my 1994 trial, and could have tried to elicit the truth then. This assertion completely overlooks the fact that she may have been terrified of the man who had just broken her nose for questioning his truthfulness then. It is fascinating how all the credence afforded to victims of abuse and domestic violence is set aside when their testimony might right a judicial wrong.

Mr. Silverglate’s “Freedom Watch” article went on to describe some of the “far too many infamous cases where the indications are strong that justice misfired, but where the systemic preference for finality and the resistance to the confession of judicial error are strong.” One of these cases he cited is that against the Amirault family and the “witch trial” prosecution of them in the notorious Fells Acres Day Care Center case. 

This story and others convey powerfully both the perversion of finality prevailing over justice and the perversion of justice when politics preside over a courtroom. In their book, Actual Innocence (New American Library, 2003) Innocence Project founders Barry Scheck and Peter Neufeld describe how the doctrine of “finality” is an obstacle to justice:

“Only the criminal justice system exempts itself from self-examination. Wrongful convictions are not seen as catastrophes, but as topics to be avoided... Finality is a doctrine that can be explained in two words when it comes to innocence tests: willful ignorance... The Innocence Project and other advocates have spent hundreds of hours just arguing against ‘finality’ doctrines that are used to block inquiries that no fair person would resist.”

— Actual Innocence, p. 320

For Harvey Silverglate, Advocate for Justice, “The key question is whether judges, clothespins firmly attached to noses, will continue to pretend that justice was done.” None of the rest of us are given clothespins.

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Note from Fr Gordon MacRae: Please share this post, and please return here next week for the “epic of all epic scandals.” You may also be interested to see some new evidence added to our Important Documents in the Fr Gordon MacRae Case. It is the evidence that appellate judges have declined to hear.

Affidavit of Former FBI Special Agent James Abbott

Statement of Steven Wollschlager

Statement of Debra Collett

Statement of Leo Demers

In the Live Free or Die State, Justice Has a Ray of Hope

For this wrongly convicted priest, The Wall Street Journal, the Catholic League and The Media Report have shined new life into a dying pursuit of truth and justice.

March 22, 2023 by Fr. Gordon MacRae

“Do not go gentle into that good night. Old age should burn and rave at close of day. Rage, rage against the dying of the light.”

The acclaimed Welsh poet Dylan Thomas died in 1953, the year I was born. “Do Not Go Gentle into that Good Night” was one of his best-known poems. The death he railed against within it was his father’s and not his own. I, for one, have never feared death. For persons of real faith, death is not the dying of the light, but rather light’s rebirth. I have much more feared the dying of the truth. It is that alone against which I rage.

I turn 70 years old on April 9th this year. Friends in the real world tell me that 70 is the new 50 but my arthritic knee and recently dislocated shoulder do not agree. Prison is a sort of twilight zone of distorted time. I was 29 and a priest for only one year when my fictitious crimes are alleged to have taken place. I was 41 when first accused and placed on trial for them. After I three times refused to plead guilty and serve one year in prison, Judge Arthur Brennan imposed a sentence of 67 years. As it stands, I will be eligible for release at age 108.

I will not, of course, outlive this sentence. That is why my friend, Father George David Byers and I had a recent phone conversation about what happens if and when I die here. It was prompted by my ambulance ride to Concord Hospital last summer with a cardiac event that turned out to be pericarditis — inflammation of the pericardium, the membrane that surrounds the heart. I am told by one physician that it is now a suspected side effect of the mRNA Covid vaccine.

As a child, my mother often reminded me of the necessity of always having clean underwear lest I am run over by a car and my family might be embarrassed. The cardiac event was not really scary so much as inconvenient. What passed through my mind while chained up in the back of that ambulance was how much I had yet to do, how much I had yet to write, and how unprepared I am for death because the truth may die with me. I never even gave a thought to my underwear. Sorry, Mom.

A part of my concern, and that of Father Byers, is one of the other heartaches of life in this prison. I have no access to the Sacraments, and neither does anyone else here. The private Mass in my cell late on Sunday nights is the only Mass offered here for at least the last three years. A Capuchin priest who voluntarily came here for Mass for over 25 years died in 2019. A priest from the Portland, Maine diocese used to come here monthly to visit me and hear my confession. Then all visits were shut down for two years due to Covid. I just learned that he died in 2021. He was my age.

In the annals of both Church and State, this all sounds horrible, I know, but it does have some ironic moments. New Hampshire Governor Chris Sununu was interviewed on FOX News last month. The rumor is that he might be preparing a run for the White House. He made a big deal about being governor of a State whose motto is “Live Free or Die.” Ironically, my ambulance ride took place just days after Charlene Duline published her feisty article about me titled, “Dying in Prison in the Live Free or Die State.”

But death was not meant to be for me that night in July, 2022. My condition was treatable over the next several months, and I have mostly recovered. I have also once again adjusted to the reality that my release from prison was also not meant to be. At least not then, and at least not that way. So I had to get back to the hard work of seeking justice. It was either that or surrender to its absence.

New Hampshire Politics

That said, I have a plea for our readers. Please do not write to Governor Sununu asking for my pardon. The State cannot pardon someone who is not guilty of the crime in the first place. New Hampshire has not pardoned a prisoner since the Civil War, and will certainly not break that hallowed tradition for an imprisoned Catholic priest as the nation gears up for a presidential election with this state’s Governor as a likely contender. The pardon process brings far more heat than light anyway. In going on 29 years here, I have never seen it succeed for anyone.

The Democratic National Committee just stripped New Hampshire of its “First in the Nation Primary” awarding the first event to South Carolina. Since 1920, New Hampshire has held onto the first-in-the-nation presidential primary. Since then, candidates campaigning for votes have attracted tremendous amounts of attention and money to New Hampshire every four years. Critics have charged that this was out of proportion with the state’s numbers, racial diversity, and fundamental political importance.

Now that the Democratic Party has rearranged that schedule, the New Hampshire Governor pledges to buck the edict and hold the State’s primary first anyway. The nation’s eyes will all be on New Hampshire as this dramatic standoff unfolds in 2024. I do not wish to be a part of its background entertainment.

There are many in U.S. prisons who are wrongfully convicted. By Christmas, 2021, after more than 28 years into my imprisonment, I resigned myself to the seemingly impenetrable fate that this State imposed upon me. Then, unexpectedly, I received a message on the first day of 2022 that there is a possible new path to restore justice. I outlined it in one of my first posts of 2022 and will link to it again at the end of this one. The post was, “Predator Police: The New Hampshire ‘Laurie List’ Bombshell.”

Defenders of the Truth

Back in 2012, just a few years after I began writing from prison for an earlier version of this blog, Australian priest and writer, Fr. James Valladares, Ph.D., published a book about procedural justice for priests who had been accused. He predicted that the priesthood scandal that spread from the United States poses the greatest threat to the traditional Catholic understanding of priesthood since the Protestant Reformation. That prediction was certainly supported years later by findings described in my recent post, “Priests in Crisis: The Catholic University of America Study.”

Father Valladares titled his 2012 book, Hope Springs Eternal in the Priestly Breast. Nearly one-third of the book is about this blog and its revelations about the phenomenon of falsely accused priests. There is much within its pages that will be very familiar to long-time readers of this blog. In addition to my own earlier writings, the book strongly profiles the work of Ryan A. MacDonald, David F. Pierre, Jr. at The Media Report, Bill Donohue at the Catholic League, and especially Dorothy Rabinowitz at The Wall Street Journal.

Most readers of this blog know that one of the most formidable sources for exposing and resuscitating the truth has been The Wall Street Journal. The nation’s largest, most influential newspaper published two major articles in my regard in 2005, another in 2013, and a fourth in 2022. The first three were written by Dorothy Rabinowitz, a Pulitzer Prize-winning writer on the WSJ Editorial Board. The fourth, written in 2022, was “Justice Delayed for Father MacRae” by Boston civil rights and criminal defense attorney Harvey A. Silverglate.

One observer noted that The Wall Street Journal has devoted more column space to this story than to that of any Nobel laureate. I do not know how to respond to that except with gratitude. I would not be writing today if not for the courage of Dorothy Rabinowitz and the Journal’s unrelenting pursuit of truth and justice.

Among our newer features on this blog is a page dedicated to the coverage of this story. It begins with a brief but compelling five-minute video interview with Dorothy Rabinowitz that should not be missed along with the full text of each of the WSJ articles on this story collected in one place. The page is entitled, The Wall Street Journal on the Case of Fr. Gordon MacRae.

While perusing that page, you will note that two of the WSJ articles are followed by commentary from David F. Pierre, Jr., founder and moderator of The Media Report. David is a Catholic layman and a journalist in his own right. He literally took on Goliath when he began writing and publishing against the tide of media narratives claiming without evidence that the Catholic Church has been some sort of special locus of child sexual abuse.

Since then, David has published four books laying out his Herculean accomplishments to expose the whole truth of the story behind the scandal that other media would not cover. David, like the Biblical David, is a man of great courage and integrity. In coming months, we plan to create a BTSW Library page collecting his posts written for this blog, and highlighting each of his books. His most recent post was The Media Report: Catholic Priests Falsely Accused.

Finally, and by no means least among the heroic efforts of media figures, the truth owes a debt to Dr. William Donohue, President of the Catholic League for Religious and Civil Rights. Under his leadership, this organization dedicated to religious liberty — the largest in the world — has been relentless in its support of the truth. This includes the truth about the case against me. In coming weeks I plan to present a post highlighting the importance of the work of the Catholic League on the frontlines of Religious Liberty, and increasingly endangered rights in our culture.

In the Acknowledgments section of his 2012 book, Hope Springs Eternal in the Priestly Breast, Father Valladares cited each of the persons I have mentioned in this post:

“Ms. Dorothy Rabinowitz, Mr. Harvey A. Silverglate, Mr. Ryan A. MacDonald, Dr. William Donahue, Mr. David F. Pierre, Jr., all of whom I have never met, but whose candid, forthright, persuasive writings have served as an added impetus in the pursuit of this vital research.”

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Next week in these pages: “A Holy Week Retreat at Beyond These Stone Walls.”

Note from Fr. Gordon MacRae: Please share this post, and please visit our newer pages in honor of those who have so honored us by shining new life into my pursuit of truth and justice:

The Wall Street Journal on the Case of Fr. Gordon MacRae

The Truth about Clergy Sexual Abuse

David F. Pierre, Jr. at The Media Report

Hope Springs Eternal in the Priestly Breast

Predator Police: The New Hampshire ‘Laurie List’ Bombshell

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The Eucharistic Adoration Chapel established by Saint Maximilian Kolbe was inaugurated at the outbreak of World War II. It was restored as a Chapel of Adoration in September, 2018, the commemoration of the date that the war began. It is now part of the World Center of Prayer for Peace. The live internet feed of the Adoration Chapel at Niepokalanow — sponsored by EWTN — was established just a few weeks before we discovered it and began to include in at Beyond These Stone Walls. Click “Watch on YouTube” in the lower left corner to see how many people around the world are present there with you. The number appears below the symbol for EWTN.

Click or tap here to proceed to the Adoration Chapel.

The following is a translation from the Polish in the image above: “Eighth Star in the Crown of Mary Queen of Peace” “Chapel of Perpetual Adoration of the Blessed Sacrament at Niepokalanow. World Center of Prayer for Peace.” “On September 1, 2018, the World Center of Prayer for Peace in Niepokalanow was opened. It would be difficult to find a more expressive reference to the need for constant prayer for peace than the anniversary of the outbreak of World War II.”

For the Catholic theology behind this image, visit my post, “The Ark of the Covenant and the Mother of God.”