A Priest's Story—Part
II
The conviction of Father Gordon MacRae
By Dorothy Rabinowitz
Wall Street Journal
April 28, 2005
[This essay was published by the Wall Street Journal in two parts
on 4/27/05 and 4/28/05. A few days later, it was posted on the Journal's
OpinionJournal.com as a single connected Web page, with other changes
from the print version, as noted below.
The text that we post is from the print version. Part Two, on this
page, is called The conviction of Father Gordon MacRae. See also
Part Two: The
trial of Father Gordon MacRae.]
About his own moral lapses—grave
violations of his vows—Gordon MacRae required no clarifications.
He was a priest who had failed twice to resist temptation, once,
briefly, with a married woman who had declared her love and need
for him—a saga with elements of "The Thorn Birds"
and, in larger part, farce. There was a one-night encounter, during
his leave of absence from the parish, with Tony Bonacci, a highly
intelligent 16-year male friend and a dependent of sorts. Tony had
himself initiated the encounter—never to be repeated, his
entreaties notwithstanding—he told Fr. MacRae's attorney.
All irrelevant, Fr. MacRae says, today. "I was the adult."
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The results were, in any case, disastrous,
at least as regards Tony, who made himself a tool of the prosecution
in the case against Fr. MacRae, if a highly ambivalent one.
Given probation after his signing
of a confession, Fr. MacRae took a job at a center for priests in
New Mexico, where he received, one day, a strange letter from a
Jon Grover, now in his mid-20s—a member of a family he had
known well back in Keene, N.H. The letter-writer referred to many
sexual encounters in detail, and observed that "the sex between
us was very special to me." The priest wrote back that the
writer must be an imposter, since the real Jon Grover would have
known that no such thing had taken place.
It was the first of several sting
attempts by Detective James McLaughlin, whose own reports testify
that he wrote the letters himself. Jon's older brother Thomas—now,
like his brother, deep into plans for a civil and criminal case
alleging that the priest had molested him a decade earlier—took
a role in a different sting effort. This was a series of phone calls
to the priest, which Detective McLaughlin was supposed to record.
It was no small testament to the primary goal of all these efforts
that those calls originated—as the phone records show—from
the office of Thomas Grover's personal-injury lawyer. The possibilities
of a lawsuit caught the attention of an increasing number of Grovers:
27-year-old David Grover informed police, in 1992, that when he
heard a report of financial settlements in the notorious Father
James Porter case in Massachusetts, he had had to pull his car over
and weep, because he had been overcome, suddenly, by his memories
of his victimization by Fr. MacRae.
* *
*
In early May 1993, while in New
Mexico, Fr. MacRae was arrested on the basis of indictments in New
Hampshire. He now faced criminal charges from Lawrence Carnevale,
Jon Grover and Tony Bonacci, who chose to leave the country to avoid
testifying. There would be, in the end, just one trial—on
accusations by Thomas Grover that the priest had assaulted him sexually
during counseling sessions in a rectory office, and elsewhere.
With a lawyer, and minimal funds,
Fr. MacRae prepared for the battle, though nothing could have prepared
him for the press release issued by his diocese shortly before his
trial. Carried all over New England, it declared: "The Church
is a victim of the actions of Gordon MacRae just as are these individuals
. . ." Newspapers, carrying the release, edited the words to
"alleged actions." This statement by his diocese, effectively
declaring him guilty just as he was about to go to trial, shook
him to the core. It was explained, to Fr. MacRae's outraged representative,
that the release had been "carefully crafted," as Msgr.
Frank Christian put it, to address "concerns about Fr. MacRae
raised by the media"—testimony to the terrors of adverse
publicity now affecting diocesan officials and their policies, and
not in New Hampshire alone. In his summation at the trial to come,
the chief prosecutor did not neglect to remind jurors of the statement
by the priest's own diocese.
If the events leading to Fr. MacRae's
prosecution had all the makings of dark fiction, the trial itself
perfectly reflected the realities confronting defendants in cases
of this kind. For the complainant in this case, as for many others
seeking financial settlements, a criminal trial—with its discovery
requirements, cross-examinations, and the possibility, even, of
defeat—was a highly undesirable complication. The therapist
preparing Thomas Grover for his civil suit against the diocese sent
news, enthusiastically informing him that she'd had word from the
police that Gordon MacRae had been offered a plea deal he could
not refuse, and that the client could probably rest assured there
would be no trial. On the contrary, Fr. MacRae would over the next
months refuse two attractive pretrial plea deals, the second offering
a mere one to three years for an admission of guilt.
Throughout his testimony, Thomas
Grover repeatedly railed at the priest for forcing him to endure
the torments of a trial. He would not have much to fear, in the
end, in these proceedings, whose presiding judge, the Hon. Arthur
D. Brennan, refused to allow into evidence Thomas Grover's long
juvenile history of theft, assault, forgery and drug offenses. In
New Hampshire, where juries need only find the accuser credible
in sex abuse cases, with no proofs required, this was no insignificant
restriction. The judge also took it upon himself to instruct jurors
to "disregard inconsistencies in Mr. Grover's testimony,"
and said that they should not think him dishonest because of his
failure to answer questions. The jury had much to disregard.
The questions he did answer yielded
some remarkable testimony related to the central charges—that
in the summer of 1983, at age 15, he had been repeatedly assaulted
sexually by the priest, in four successive counseling sessions in
the rectory office and another time elsewhere. Confronted with inevitable
questions about why he would come back, after the first terrifying
attack on him, for a second, third and fourth session, Mr. Grover
told the court that he had an "out-of-body experience."
Also that he had blackouts that caused him to go to each new counseling
session with no memory that he had been sodomized and otherwise
assaulted the session before. Such attacks during counseling (sessions
Fr. MacRae notes he never held) weren't the only traumas inflicted
on him. The priest had also chased him with his car.
"And he had a gun," the
accuser had testified in a deposition, "and he was threatening
me and telling me over and over that he would hurt me, kill me,
if I tried to tell anybody, that no one would believe me. He chased
me through the cemetery and tried to corner me." Mr. Grover
spoke also of the priest's stash of child pornography, an ever more
prominent theme in the prosecution.
* *
*
One of the defendant's early encounters
with the Grovers, a family with eight adopted children whom he met
in 1979, occurred when he drove past their house and was flagged
down. The youngest child, aged five, who had wandered into the pool,
lay near death from drowning while his mother and a nurse worked
in vain to bring him back. Fr. MacRae rushed in, picked the child
up, and got the water out of him so that his lungs functioned.
During his testimony, Thomas Grover
cited the saving of the child as one of the means the priest had
used to insinuate himself into the family so that he could molest
him and his brothers. In a time when any gesture of friendship or
kindness can be translatable, in a courtroom, into evidence of "grooming"
for sexual seduction, priests like the accused were indeed vulnerable.
He had no doubt bought too many pizzas, made too many small loans,
opened his doors too often, for the age of suspicion.
More than halfway through the trial,
as Thomas Grover's testimony began to pose ever more serious credibility
problems, the prosecutors offered Fr. MacRae still another plea
deal—an extraordinarily lenient one to two years for an admission
of guilt. Relieved though his attorneys would have been if he'd
taken it, they were unsurprised at his refusal. "I am not,"
he told one, "going to say I am guilty of crimes I never committed
so that the Grovers and other extortionists can walk way [sic] with
hundreds of thousands of dollars for their lies."
The jury that the accused thought
must acquit him, came in with a verdict of guilty within 90 minutes.
Left entirely without funds and facing the three other trials yet
to come, Fr. MacRae agreed to a post-conviction plea deal on all
remaining charges—one to two years to be served concurrently
with the sentence yet to be handed down in the Grover case. Scarcely
a sentence at all. His defense lawyers, departing for other business,
urged him to take the deal, which Fr. MacRae described, then and
after, as a negotiated lie.
Among the witnesses testifying at
the sentencing hearing was Lawrence Carnevale, whose chronicle of
claims of abuse had begun with a kiss. At least two church staff
members recall that, back in the 1980s when all this was beginning,
the youth told them that he had a hit list and that Fr. MacRae was
at the very top—an announcement that came just after Fr. MacRae
stopped accepting the young Carnevale's nonstop collect-calls to
his new parish. Also testifying at the sentencing hearing was Mr.
Carnevale's psychologist, Allen Stern, who opined that the chief
cause of Mr. Carnevale's lifelong psychological problems were "the
sexual events that took place with Fr. MacRae." Was his diagnosis
Post Traumatic Stress Syndrome? Not quite, the psychologist explained,
it was Post Traumatic Stress Disorder Delay.
At sentencing, Judge Brennan charged
that the priest had groomed and exploited vulnerable boys. He had
assaulted Lawrence Carnevale, said the judge. "You destroyed
Mr. Carnevale's dream of becoming a priest." The judge had
harsh words too, for Fr. David Diebold, the only priest to come
forward to speak in defense of Fr. MacRae. Above all he was incensed
at Gordon MacRae's lack of remorse, "your aggressive denials
of wrongdoing." "The evidence of your possession of child
pornography," the judge declared, "is clear and convincing."
Detective McLaughlin says, today,
"There was never any evidence of child pornography."
* *
*
Having given his reasons, the judge
then sentenced the priest, now 42, to consecutive terms on the charges,
a sentence of 33-and-a-half to 67 years, [sic] Since no parole is
given to offenders who do not confess, it would be in effect a life
term.
The priest, who spends his days working
in the library, and provides advice, when asked, on everything from
marital to immigration problems, now faces discipline of sorts,
for that refusal to say he is guilty. It has put him in the category
considered "program failures," with the result, he has
been told, that he will be moved from the quarters now considered
privileged to a prison in Berlin, N.H.
In the years since his conviction,
nearly all accusers who had a part in conviction--along with some
who did not—received settlements. Jay, the second of the Grover
sons—who had, Detective McLaughlin's notes show, repeatedly
insisted that the priest had done nothing amiss—came forward
with his claim for settlement in the late '90s. And in 2004, the
subject in the Spofford Hospital incident, Michael Rossi—"This
is confession, right?"—came forward with his claim.
"There will be others,"
predicts Fr. MacRae, whose second appeal of the conviction lies
somewhere in the future. His tone is, as usual, vibrant, though
shading to darkness when he thinks of the possibility of his expulsion
from the priesthood—a reminder that there could be prospects
ahead harder to bear than a life in prison.
Ms. Rabinowitz is a member of the Journal's editorial board.
This concludes a two-part essay, the first
part of which was published yesterday.
[A Note on the Text: The Wall Street Journal
posted this essay as a single page on its OpinionJournal.com Web
page on Saturday, April 30, 2005 at 12:01 a.m., several days after
the print edition, with some alterations. As of September 7, 2011,
the web version is no longer on the Wall Street Journal webpage.
The text posted above is the original text as it appeared in the
print edition. The version posted on the Internet changed the subtitles
of the essay:
In the print edition, the subtitles of the two parts were:
The trial of Father Gordon MacRae.
and
The conviction of Father Gordon MacRae.
In the posted version, the essay was titled:
NO
CRUELER TYRANNIES
A Priest's Story
Not all accounts of sex abuse in the Catholic Church turn out to
be true.
BY DOROTHY RABINOWITZ
Saturday, April 30, 2005 12:01 a.m. EDT
These changes are significant, because they explicitly connect
the MacRae essay, as its print version had not been connected, to
Ms. Rabinowitz's recent book No Crueler Tyrannies: Accusation,
False Witness, and Other Terrors of Our Times (New York: Wall
Street Journal Books, published by Free Press, 2003).
The Journal's posted version of the essay differs from the print
version in other less important ways: the judge who sentenced MacRae
in 1994 is called "the Hon. Arthur D. Brennan" in print,
but just "Arthur D. Brennan" in the posted version; a
few nonsubstantive words have been changed; Fr. has been changed
to Father; and names, numbers, hyphens, and capitalization have
occasionally been handled differently. Again, the version above
reproduces the text of the print edition.]
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