[Note: This hypertext version of the NH Attorney General's
report on Gordon MacRae was created by BishopAccountability.org from a PDF
of the MacRae chapter in the AG's report of March 3, 2003. Wherever
possible, we have linked to whole documents, even if the AG references
part of the document. When a document was unwieldy, we linked to the referenced
page, but also provided a link to the entire document. Square brackets
describe additions of this kind. In the MacRae chapter, the AG could reference
only a small fraction of the documents in the file. See also the entire
MacRae file as released by the AG and posted on BishopAccountability.org.]
Gordon MacRae is a 49 year old Diocesan
priest. His priestly faculties were suspended in July 1988 after the Diocese
learned of accusations that MacRae had verbally solicited a minor to engage
in sex at Spofford Hall, a residential treatment facility for youth. (B3060).
The Bishop had given MacRae permission to celebrate mass at Spofford Hall.
MacRae pled guilty to endangering the welfare of a child in November 1988,
as a result of another incident in which MacRae verbally solicited a 14-year-old
boy to engage in sexual conduct. (B3328; B8695-96).
Prior to this incident, the Diocese was aware that MacRae had engaged
in inappropriate sexual contact by kissing and hugging a minor in November
MacRae was subsequently convicted in 1994
of one count of felonious sexual assault and four counts of aggravated
felonious sexual assault based on conduct that occurred during "pastoral
counseling" sessions at St. Bernard's parish in Keene where MacRae
was a priest. See State v. MacRae, 141 N.H. 106, 107 (1996).
The conduct for which he was convicted occurred between June and November
1983, although the victim did not come forward until 1993. Id.1 In 1994, the defendant also pled guilty to sexual assault or attempted
sexual assault of three other boys. (S-III at 153).2 He is currently serving a sentence of 33 1/2 to 67 years in New Hampshire
State Prison for his crimes. (State's Br. at 2).3
During the course of civil litigation against
the Diocese and MacRae in the 1990s, the victims learned the facts surrounding
MacRae's sexual abuse of minors and the Diocesan response to those allegations
against MacRae. Because the victims had discovered through the civil litigation
that the Diocese was aware of MacRae's 1983 misconduct but allowed him
to continue in ministry, the State could not rely on the tolling provision
of the statute of limitations. In other words, the statute of limitations
for a charge of endangering the welfare of a minor expired one year after
the victims learned of the Diocesan response to MacRae's allegations through
the civil litigation in the 1990s. Accordingly, the State could not have
pursued criminal charges against the Diocese for endangering the welfare
of a minor based on the circumstances surrounding the Diocesan response
to allegations against MacRae.
II. PSYCHOLOGICAL EVALUATION DURING SEMINARY AND ACCEPTANCE INTO
In 1972, MacRae entered the Capuchin Order,
a religious order affiliated with the Roman Catholic Church. (B6726).
In 1978, MacRae decided that he wanted to leave the Capuchin Order and
become a Diocesan priest. (B6748 [not found in NHAG archive], B6755).
Rev. John P. McHugh, the director of formation at St. Anthony's Friary
in Hudson, New Hampshire wrote to Fr. Paul Groleau, Diocesan vocation
director, on May 24, 1978, to express some reservation about MacRae's
[page 130 begins] fitness to be a priest.
While the Capuchin Order ultimately unanimously recommended MacRae for
the priesthood, McHugh's letter to Fr. Groleau is significantly qualified
about the recommendation. For example, McHugh writes that it might be
acceptable if MacRae took "a shot at diocesan priesthood" and
that the Diocese could allow him into the seminary and "see"
what happens. Finally, McHugh's letter concludes that "[a]nother
priest on the staff suggests that perhaps Gordon could profit from some
professional counselling regarding the formation of relationships necessary
for ministry. (Gordon has had some therapy before.)" (B6750).
On June 8, 1978, Fr. Paul Groleau, the
Diocese's vocation director, sent Gordon MacRae for a psychological evaluation
before he entered the seminary. (B3022). The evaluation begins by noting:
"It appears that we are dealing with two different individuals."
One of MacRae's personalities is "well-adjusted," the other
is "insecure with evidence of serious anxiety and depression."
(B3022). He also notes: "The feelings of anxiety, insecurity, isolation,
detachment, and deprivation shown, are evidence of feelings of personal
inadequacy and chronic maladjustment." (B3023). He also recognizes
that "Gordon has an unresolved problem of sexual identification as
heterosexual adjustment is conceived of as threatening and dangerous."
(B3023-24). The psychologist notes: "It is difficult at this time
to project into the future." (B3022). He concludes that MacRae should
be accepted into the seminary on a trial basis. (B3022). [The document(s)
with the Bates numbers cited in this paragraph were not found in the NHAG's
On July 27, 1978, the Rector of St. Mary's
Seminary & University in Maryland wrote to Fr. Groleau and advised
him that another therapist had evaluated MacRae's psychological test results
and concluded that the seminary should not accept MacRae. (B3026) [a copy
of this letter is filed as B6846].
The rector rejected this recommendation because he "was relying heavily
on [Groleau's] judgment and assessment." (B3026) [B6846].
Based on this reasoning, the second therapist changed his recommendation
to "cautious acceptance." (B3026) [B6846].
The rector of the seminary left it up to the Diocese as to whether MacRae's
acceptance should be conditioned on his agreement to attend counseling.
He concluded that if the Diocese did not think it was necessary, "we
can wait and see if Gordon's behavior might lead us to make such a recommendation."
That same day, the seminary sent MacRae his acceptance letter, which did
not include any condition of counseling. (B3028-29). [Documents with the
Bates numbers cited in this paragraph were not found in the NHAG's archive.]
III. ALLEGATIONS OF SEXUAL ABUSE OF MINORS BY MACRAE
A. MacRae's Sexual Contact with
John Doe XII4
John Doe XII was born in 1969. Doe XII
was raised as a devout Roman Catholic. He served as an altar boy and wanted
to be a priest. He believed that a priest speaks for God.
Doe XII met MacRae when he was 13 years
old in 1982. MacRae taught Doe XII's religious education classes at Our
Lady of the Miraculous Medal parish. MacRae developed a close relationship
with Doe XII. They spent a lot of time together in the parish rectory.
Doe XII [page 131 begins] loved MacRae as
if he was his father. He told MacRae that he loved him and MacRae told
Doe XII that he loved him.
The physical contact between MacRae and
Doe XII began when Doe XII sat on MacRae's lap. This developed into kissing
on the lips. MacRae had conversations with Doe XII in the rectory while
MacRae was naked. MacRae talked with Doe XII about masturbation and encouraged
him to masturbate.
MacRae began to touch Doe XII's genitals
in what MacRae called the "spider game." MacRae would pretend
that his hand was a spider. He would make the spider first touch Doe XII's
left leg, then his right leg. The "spider" would "get "the
middle leg. This would result in MacRae rubbing and massaging Doe XII's
penis from the outside of his clothing. MacRae played the spider game
with Doe XII approximately a dozen times, including at the rectory and
at Doe XII's home.
One time, MacRae was lying on top of Doe
XII in a recliner in the rectory. MacRae kissed Doe XII and rubbed his
genitals. On another occasion, Doe XII was sitting on MacRae's lap in
the rectory. They were sitting in a recliner watching television and MacRae
began kissing Doe XII. Fr. Gerald Boucher came into the room, saw them
kissing, and immediately left without saying anything.
At some point in 1983, Doe XII told his
teacher at school that MacRae was doing things that made him feel uncomfortable,
but he was afraid to confront MacRae. The teacher told Doe XII to compose
a letter to MacRae. Doe XII wrote the letter, which did not contain any
detail, but was intended to get MacRae to stop. He left the letter for
MacRae. MacRae later told Doe XII that he got his "dirty letter."
Doe XII told Fr. Boucher that "physical
things" were going on with MacRae at the rectory that made him feel
uncomfortable. He did not give Fr. Boucher any details about the abuse.
According to Doe XII, Fr. Boucher responded by telling Doe XII that he
should not worry about it because MacRae was leaving the parish soon.
Meanwhile, the kissing and spider game continued.
According to Doe XII, in the fall of 1983,
he told another priest who replaced Fr. Boucher, that he had had a physical
relationship with MacRae. This priest responded by saying that Doe XII
was making a very serious allegation, and that he should "go home
and reconsider" what he was saying.
B. Doe XII's Disclosure of Sexual
Abuse And Report To DCYS
Again in the fall of 1983, Doe XII began
counseling with Judith Patterson, a clinical social worker from Catholic
Charities. In October 1983, when Doe XII was 14 years old, he disclosed
MacRae's conduct to Patterson. Doe XII asked Patterson if it was normal
for a priest to kiss a boy on the mouth. (B7686).
Doe XII was equivocal about whether MacRae had ever touched his genitals.
Patterson viewed Doe XII's allegations against MacRae as "clear cut
sexual abuse" because of the fact that MacRae put Doe XII on his
lap and kissed him in [page 132 begins] violation
of sexual boundaries. (B7687).
Patterson told Doe XII that what MacRae had done was illegal and that
the state authorities had to be notified. [Note: All Patterson quotations
in these paragraphs are taken from an interview with Patterson (B7681-7697),
but because that file is large (1.2M), we have split it in half in order
to reference it below. When you click on the links in the following paragraphs,
you will download the appropriate half of the interview.]
Patterson immediately called her supervisor,
Janet O'Connell, and met with her. Together they decided that the matter
had to be reported to state authorities. O'Connell called Father Quinn,
who was the director of Catholic Charities. Patterson spoke to Quinn.
Patterson told Quinn that the allegations were "absolutely credible."
She explained to Quinn the normal reporting and investigation procedures.
At the time Patterson believed the abuse should be reported to the Portsmouth
District Office of social services. (B7688).
Quinn told her that the church had a different procedure for handling
these matters. (B7691).
He told her that the church's protocol was for the matter to be reported
to the Bishop, who in turn would personally report the matter to the Commissioner
of the Department of Welfare. (B7689).
Patterson told Quinn what the substance
of Doe XU's allegations were. Initially, Quinn was very doubtful about
whether Doe XII was telling the truth and did not want to report the matter.
Patterson told investigators: "He asked me several times whether
I believed him and you know did I need to talk with Doe XII some more,
to make sure that he was telling the truth." (B7690).
Patterson was adamant that Doe XII was telling the truth and that she
felt that this was a matter that required reporting to state authorities.
In response to Patterson's insistence, Quinn agreed to talk with Bishop
Gendron about the allegation. (B7690).
Patterson understood from her conversation with Quinn that "because
it was a delicate issue that it was handled at the highest level."
In fact, Bishop Gendron did meet directly with Department of Welfare Commissioner
Sylvio L. Dupuis. (B7410).
According to Dupuis, he instructed Gendron that this matter needed to
be reported to social services. (B7410).
Dupuis then referred the matter to the Division of Children and Family
Services. According to Dupuis, he had no further involvement in the matter.
Despite Dupuis' statement that he met directly
with Bishop Gendron, Msgr. Francis Christian asserted in sworn interrogatories
filed in 1993 in conjunction with the civil law suits against the Diocese
that: "Bishop Odore Gendron never, at any time, had any direct contact
or communication with any employee of DCYS. All of the contacts with the
State were conducted by Monsignor John Quinn." (B3192).
[For the full text of Christian's answers to the interrogatories, see B3178-3207 (a 1.1M file). If you have a slower modem, view the full interrogatories
in three smaller pieces: B3178-88, B3189-98,
On November 21, 1983, Quinn wrote a letter
to Fr. Christian about the allegations of sexual abuse by MacRae. (B3043).
Quinn indicated that he was notified by Dr. Guertin-Ouellette and Judy
Patterson from Catholic Charities that MacRae had "sexually abused
two minor males" in Hampton during the past summer. (B3043).5 Quinn explained that MacRae was currently in counseling with Dr. Guertin-Ouellette
and would continue in counseling. Quinn informed Fr. Christian that Dr.
Guertin-Ouellette told the Diocese that MacRae suffers from "a strong
personality development deficiency and will require ongoing treatment."
Quinn [page 133 begins] concluded that he
was going to meet with state officials and would "most probably file
the official report with the Department of Health and Welfare." (B3043).
On November 23, 1983, Fr. Quinn met with
Richard A. Chevrefils, Director of the Division of Welfare regarding Doe
XII's allegations against MacRae. (B10487-88).
Chevrefils wrote a memo regarding the meeting. He noted that MacRae was
then in therapy which "apparently" was "positive at this
Chevrefils noted that Doe XII disclosed that another unknown male child
was also subject to similar conduct. Id.
Chevrefils also recognized that there were questions about MacRae's relationship
with a boy named John Doe XIII. Id.
Chevrefils recommended that Jeannette Gagnon further discuss the situation
with Quinn, that the matter be referred to the Attorney General's Office,
that there be follow-up care for the victim and family, and that there
be a review of the situation with John Doe XIII. Id.
Jeannette Gagnon, an Administrator with
DCYS, was also at the meeting between Chevrefils and Quinn. (B8881-82).
Gagnon believed that Commissioner Dupuis was also present for the meeting.
According to Gagnon, Dupuis was very close to both the Bishop and Catholic
Gagnon characterized the meeting as "unusual." (B8882).
She said that all other similar reports are assigned to social workers
in the regional district offices. (B8882).
She understood that the reason that the allegation was being handled by
the central office was because it involved a Catholic priest. (B8883).
Gagnon stated that she was under the impression that "they would
be granted some consideration because it was important that they be seen
being as cooperat[ive] with this investigation, wanting to get to the
bottom of this and that it involved a Catholic priest and they were not
really looking for, for any publicity and they would have wanted this
to be something that they would be involved in and that they could handle
it and it would be quiet." (B8883).
She stated further: "I remember Father Quinn mentioning that[,] you
know[,] very specifically that I would understand that this was a very
serious matter and that it could[,] um, perhaps people wouldn't understand."
Gagnon remembers going back and forth with Quinn and emphasizing that
she was very committed to the law and rules they had relative to investigations.
Gagnon did indicate that the Diocese understood that there was a reporting
law and that they had to cooperate in the investigation. (B8884).
She also stated that the Diocese was aware that if it became known that
a priest had been molesting children over time and they had known about
it and did not make a report as required by law, "it would be difficult
for them and embarrassing." (B8884).
The Diocese also made assurances that they would not impede the investigation
in any way. (B8886).
[Note: The references in this paragraph are all to the first half of the
interview with Gagnon, and are linked to that part of the transcript.
For the second half of the interview, see B8887-94.
If you wish to download the whole interview as a single larger file (1.2M),
On December 5, 1983, Fr. Christian wrote
a memo to the file about a meeting he had with MacRae regarding Doe XII's
Christian met with MacRae regarding the incident discussed in the November
21 memo [B10487-88]
from Quinn. MacRae admitted the incident. He said he was under stress
and found himself kissing the "young man." MacRae claimed he
never had any homosexual incident or activity before.6 Christian also noted that MacRae was undergoing alcohol counseling and
therapy with Dr. Guertin-Ouellette. MacRae promised that if he did not
succeed he would seek hospitalization. Christian told MacRae they were
concerned [page 134 begins] about his "ability
to function happily as a priest" and "the welfare of the people
he was serving." Christian told MacRae that the Diocese had to report
the incident. Christian told MacRae "that the state was not going
to pursue action as long as we gave assurances that he was in proper treatment
and that the problem was in check." Christian warned MacRae that
the state would prosecute him if he did it again. The Diocese would not
be able to give him a priestly assignment if the problem was not under
control "since he would not be able to be entrusted with the care
of souls." Christian questioned MacRae about his activity with a
young man from Groveton and another from Florida. MacRae denied sexual
activity with either. MacRae acknowledged both the legal and church response
if he repeated his behavior. (B3044).
On December 27, 1983, Jeannette Gagnon
filed a "Report of Child Sexual Abuse" with the Attorney General's
Office. (B6732).7 It indicates that that allegation was that, in the early summer of 1983,
MacRae had Doe XII sit on his lap and kissed him. The report notes: "Founded
Abuse: Rev. MacRae has admitted the incident to his superiors." The
report lists as "Treatment/Outcome" that "Rev. MacRae is
currently in active, regular therapy with Dr. Henry Guertin-Ouellette.
Dr. Ouellette feels very confident that therapy is positive and that Rev.
MacRae is now self-controlled enough to give some meaningful assurance
that he is not likely to engage in deviant behavior." (B6733).
Gagnon learned this information from Fr. Quinn. (B8886-87).
There is absolutely no indication that the Division of Welfare conducted
any independent investigation of this allegation. In fact, the Division
of Welfare never spoke with MacRae about the allegations. (B8886; B10920)
[a two-page excerpt from a longer interview with MacRae; for the entire
interview, see B10916-45 and B10946-83,
which are large files, over 2M; for the whole interview in easy downloads,
see 1, 2, 3, 4, 5, 6, 7, 8, 9,
This was a departure from the norms of an investigation. (B8886).
Judith Patterson, likewise, stated that no one from social services ever
spoke with her about the incident. (B7692).
No one from DCYS ever spoke with Doe XII's family about the allegations
or the outcome of the investigation either.
MacRae wrote that in December 1983, "Fr.
Frank Christian, the Chancellor, called me in to discuss the incident.
It was felt that, since I had already resigned that parish on my own and
was in counseling that no further action was necessary, but that he was
waiting to hear from the attorney general's office whether it would be
prosecuted. A few months later Frank told me it would not be prosecuted,
but that any future such incidents would mean I could not be assigned
in the Diocese." (B10530; B10929).
MacRae was interviewed in prison on October 25, 2002. (B10916).
He informed investigators that in December 1983, Christian "told
[him] that [the DCYF complaint] had been investigated and was determined
Despite these facts, Christian asserted in sworn interrogatories in 1993,
in conjunction with civil law suits filed against the Diocese, that "[t]he
Diocese was never informed by the Division of Children & Youth Services
that they had a founded finding of child molestation against Gordon MacRae
with respect to the minor victim [John Doe XII] from Hampton." (B3182).
Gagnon's report to the AGO was sent to
Attorney Peter Foley on December 28, 1983, with a note that reads: "Due
to the sensitive nature of the information and the individuals involved,
we would appreciate it if every precaution could be taken to ensure that
this information remains confidential." (B10489).
[Gagnon's report, which was the attachment to this note, is B10490-91.]
On January 6, 1984, Deputy Attorney General [page 135 begins] Peter Mosseau forward this report from DCYS on to Cheshire County
Attorney Edward O'Brien. Mosseau stated: "I am sending this report
to you for whatever further investigation and/or prosecution you believe
is appropriate." (B10492).
On January 13, 1984, the County Attorney
responded to Mosseau's letter. He acknowledged receipt of the report of
child abuse. He stated:
Ms. Jeannette Gagnon, Administrator of the Office of Social Services,
Division of Welfare, called me today to discuss your letter.
The incident occurred in Hampton, New Hampshire, Rockingham County,
and subsequently, Father MacRae transferred to Keene. Ms. Gagnon informs
me that she has been in touch with Rev. Quinn, Father MacRae's superior,
and the incident has been admitted to by Father MacRae.
Apparently, appropriate counselling and other actions are being
taken to monitor Father MacRae and in the event that there
are any other incidents of child sexual abuse reported, appropriate
action would be taken and reports would be filed with this office and/or
the appropriate County Attorney's office.
Since this incident occurred in Rockingham County and not in Cheshire
County and since Father MacRae is receiving counselling and
is being strictly monitored, I do not plan to take any further action at this time unless I hear further from Ms. Gagnon or Rev. Quinn.
Former Cheshire County Attorney O'Brien
has no specific recollection of the complaint regarding MacRae or any
communication he had with respect to the matter. (B7704).
Jeannette Gagnon informed investigators that she spoke with O'Brien and
conveyed to him that the matter had been resolved. (B8890).
Gagnon recalls receiving assurances from Quinn that MacRae behavior would
be monitored and supervised. (B8890).
O'Brien's statements in the letter that the State was informed that MacRae
was being closely monitored are also corroborated by Judith Patterson's
understanding of the disposition of the allegations involving Doe XII.
She was advised that MacRae would go into counseling and would not be
permitted to have any further contact with children. (B7692).
She understood that MacRae's job was going to be administrative only.
On January 26, 1984, Jeanette Gagnon followed
up on the MacRae matter by speaking with Quinn. (B6847).
MacRae had been very close to a boy named John Doe XIII. In fact, Doe
XIII had lived with MacRae for a period of time. (B10488).
Gagnon expressed concern that MacRae continued to visit Doe XIII and buy
him gifts. (B6847).
Gagnon requested Quinn "to review this matter and to advise how the
investigation will be conducted." (B6847).
Quinn conveyed this information to Christian who spoke with MacRae. (B3045).
Christian instructed MacRae to stop seeing Doe XIII and MacRae agreed.
[page 136 begins]
Task Force investigators interviewed Doe
Doe XIII was born in 1968. He met MacRae while MacRae was working as brother
with the Capuchin Order in Groveton. (B6276).
Doe XIII's parents divorced and MacRae assumed the father role in his
life. At one point, Doe XIII was going to be sent to YDC for his behavior.
MacRae agreed to take him in and Doe XIII lived with MacRae for a year
in Hampton. (B6276).
In fact, the Portsmouth District Court formally appointed MacRae as Doe
XIII's guardian in 1982. Doe XIII denied that MacRae ever engaged in any
inappropriate conduct with him. (B6276).
He said that when the Diocese instructed MacRae that Doe XIII had to leave,
MacRae found him a family to live with.
After that, however, Doe XIII began to get in trouble again. (B6276).
Doe XIII never saw MacRae abuse any children, but could not rule out that
it happened. (B6276).
MacRae often bought gifts for Doe XIII and Doe XIII viewed MacRae as his
He acknowledged, however, that MacRae told him many lies over the years.
In 1985, MacRae wrote to Bishop Gendron
and expressed his displeasure over problems he was having in his ministry
in Keene. (B6729).
MacRae acknowledged his problem with alcoholism and observed that it was
particularly pronounced while he was in Hampton. (B6729).
At that time, MacRae began to see Dr. Guertin-Ouellette and made physical,
emotional, and spiritual progress with the therapist.
On March 28, 1986, John Doe XII reasserted
the allegations he made in 1983 about MacRae's abuse of him. Doe XII disclosed
to his high school psychologist that he had been molested by a priest
and expressed concern that this priest might still be in contact with
teenagers. This disclosure was reported to DCYS. Doe XII was interviewed
by his school counselor and a DCYS case worker. During that interview,
he disclosed that MacRae had hugged and kissed him on the mouth. He also
described the "spider game." (B10497).
On March 31, 1986, DCYS referred the allegation
to the Rockingham County Attorney's Office. (B10494).
The Rockingham County Attorney, in turn, forwarded the matter to the Hampton
Police Department for investigation. (B10496).
The county attorney requested that the police conduct a joint law enforcement/social
service investigation of Doe XII's allegations and requested the police
file a final report with the county attorney's office. (B10496).
On April 18, 1986, DCYS social worker Marilyn
Fraser reviewed the case with her supervisor, Geraldine O'Connor, another
social worker, Elizabeth Davis, and Roger Desrosier, Administrator of
Desrosier instructed the social workers to close the investigation. (B10503).
On that day, O'Connor wrote to Davis that "Roger Desrosier, Administrator,
at the State Office has ordered on April 18, 1986, an immediate halt on
any investigatory activity relating to the [John Doe XII] sexual abuse
report, which was received by the Portsmouth District Office on March
31, 1986." (B10504).
On April 24, 1986, David Bundy, Director of DCYS reviewed the matter and
concluded the 1986 allegations involved conduct that occurred in 1983.
(B19597) [the correct Bates number for this document is B10507].
Bundy expressed concern about why the matter was being investigated and
suggested that O'Connor should have handled the matter in a way that "would
have avoided the waste of valuable personnel time and probable confusion
in the community." Id.
Bundy concluded by stating: "In the future, when there is a sensitive
case involving a prominent community member, religious or otherwise, I
expect you to exercise good [page 137 begins]
judgment in assigning staff and conducting the investigation. Notify the
Area Administrator if you are in doubt about which investigations should
be assigned differently." Id.
On April 29, 1986, Marilyn Fraser wrote
to Det. Wardle of the Hampton Police Department and informed him about
the 1983 allegation by Doe XII. (B10506).
She noted that at that time the matter was investigated, founded, and
"[a] treatment plan was formulated and monitored."8 Id.
She concluded that DCYS was closing the investigation because "the
recent report covers the 1983 allegations; no new or additional data was
obtained." She also confirmed that based on this information, Hampton
Police Department was going to close their investigation as well. Id.
On May 7, 1986, Marilyn Fraser met with
Doe XII and his parents at their home in Hampton. (B10508).
John Doe XII's parents informed Ms. Fraser that they never learned what
the outcome of the 1983 allegation was. Judy Patterson had told them that
it was "taken care of" in the church, but no one from the Diocese
ever spoke with them. Ms. Fraser explained the outcome of the 1983 investigation.
She told them "that the priest had admitted these difficulties, and
further that a treatment plan had been developed and monitored."
She noted that "[John Doe XII's parents] were relieved to hear this
information." The family was still upset at the church for the way
that they handled the matter. When Fraser stated during the meeting that
the 1986 allegation did not raise any new issues, Doe XII corrected Fraser
by noting that he had never previously disclosed the "spider game"
and "made several suggestions that there was even more conduct that
occurred." Based on this Ms. Fraser decided to "[f]ollow-up
old record [sic] and any other available information from Father Quinn,
the psychologist, Hampstead Hospital, [and] Catholic Charities to see
if there are any clues of additional activity." (B10509).
On May 15, 1986, Fraser contacted Quinn
regarding Doe XII's renewed allegations that MacRae abused him. (B10510).
Quinn expressed concern that the family was never notified about what
happened with MacRae. He offered to meet with them. Quinn informed Fraser
that he had not received any written report on the results of MacRae's
treatment with Dr. Guertin-Ouellette. Id.
He informed Fraser, however, that he remembered monitoring the case and
receiving a verbal report that the treatment was satisfactory. Id.
Quinn indicated that there were no new reports regarding MacRae. He noted
that "the Father has done 'remarkable work', not with youth,
but in the field of drug/alcohol abuse. Father Macrae is still
in the Keene parish." Id.
(emphasis added). Fraser also checked with Det. Wardle, who interviewed
Doe XII after the renewed allegations. Id.
Det. Wardle told her that Doe XII did not disclose any masturbation, oral
sex, or other sexual contact. Id.9
Ms. Fraser followed-up with Doe XII's therapist,
Det. Wardle, and Fr. Quinn about the "spider game" or other
sexual activity between Doe XII and Fr. MacRae. She was unable to confirm
any additional information. The matter was closed on June 9, 1986, when
Fraser wrote [page 138 begins] to John Doe
XII's family.10 She reiterated the fact
that a protective investigation was conducted in 1983. She noted that
"[a] finding of sexual molestation was made. A treatment plan was
developed and monitored for the perpetrator." (B10517).
Fraser indicated that she was unable to discover any evidence of additional
mistreatment but urged Doe XII or his therapist to contact Roger Desrosiers
at the central office of DCYS if new information arose. (B10517).
On June 2, 1986, Fr. Quinn forwarded a
letter to Ms. Fraser from Dr. Guertin-Ouellette regarding MacRae's therapy.
Dr. Guertin-Ouellette wrote:
I have been seeing Father MacRae weekly
for more than three years. During that time, we have dealt with the
incident that was reported from the East coast of New Hampshire. I feel
that we have delved into this incident so as to bring about helpful
insights that Father MacRae can use. Also, Father MacRae has seen fit
to continue his visits here since that time to deal with matters that
are not related to this incident in any way.
As regard the query you made about the
"spider game", it was never brought up in therapy. Also, when
presented with this query, Father MacRae said he did not know what it
could mean. Having dealt with Father MacRae for a long period of time
I feel confident that he is telling the truth.
I also feel confident in the growth that
Father MacRae has exhibited and I feel that this matter has been dealt
with and resolved on his part. I feel strongly that harm may come by
the resurrection of this incident at this time.
Father MacRae is aware of the re-emergence
of this matter at this time. He has given me the proper release to communicate
with you, or with any other appropriate person about the status of his
progress at this time.
On June 3, 1986, Janet O'Connell from Catholic
Charities reported to Marilyn Fraser the history of events between MacRae
and Doe XII. (B3308).
She indicated that in 1983, Doe XII disclosed fondling at that time.
In 1994, MacRae pled guilty to engaging
in sexual conduct with Doe XII. (S-III at 153). The Cheshire County Superior
Court made the following observations about MacRae's conduct toward Doe
I find clear and convincing evidence
that [John Doe XII] was befriended by you, Mr. MacRae, while he was
in his early teens and very vulnerable. He was having trouble in school
and at home. You gained his confidence, encouraged a [page 139 begins] dependence and reverence for you, and then sexually assaulted
him numerous times. When he attempted to confront you, you denied your
acts. The psychological impact on [Doe XII] included a deep sense of
betrayal, nightmares, suicidal impulses and eventual diagnosis of Post
Traumatic Stress Disorder. Moreover, you destroyed [Doe XII's] dream
of becoming a priest....
(S-III at 156).
While MacRae did continue in counseling
with Dr. Guertin-Ouellette for some time following the original report
about the incident in 1983, there is absolutely no evidence that the Diocese
restricted MacRae's ministry in any way as a result of the allegations
involving Doe XII. In fact, MacRae continued to have contact with children
after this. He abused three brothers before, during, and after this incident.
He also abused other boys in the late 1980s, and was accused of abusing
one boy at Spofford Hall, which is an adolescent drug and alcohol counseling
center where MacRae was assigned and had been granted permission to celebrate
C. MacRae's Sexual Assaults Of
Jane Doe II's Children
During the summer of 1979, while MacRae
was still in the seminary, he was assigned to work at Sacred Heart parish
in Marlborough, New Hampshire. (B6748). [Document not found in the AG's
archive.] Several of his evaluations from this assignment note that he
was particularly adept at working with the youth in the parish. (B3269, B3272).
It was during this time, that MacRae befriended Jane Doe II and her children.
In fact, on July 23, 1979, Jane Doe II wrote an evaluation of MacRae.
In that evaluation, she noted that MacRae is most effective in his ministry
to youth. (B3273).
In particular, she noted that MacRae had become very close to her 14 year-old
son, who had feelings of unworthiness and insecurity. (B3273).
1. John Doe XIV11
John Doe XIV is the son of Jane Doe II
and was born in 1965. Jane Doe II was a strict Roman Catholic and created
a home where religion was a dominant factor in her family's life. Doe
XIV believed that a priest "is someone who is the next thing to God,
a messenger from God." The priest made moral judgments – decided
what was right and what was wrong. Jane Doe II taught the children to
do whatever they were told to do by priests.
During the summer of 1979, Doe XIV first
met MacRae while MacRae was a seminarian. He was introduced to MacRae
by Fr. Horan, the pastor at Sacred Heart. Doe XIV and MacRae became very
close. MacRae was Doe XIV's best friend and Doe XIV called MacRae "Dad."
The first physical contact occurred during a car ride to MacRae's parents
in Massachusetts. MacRae instructed Doe XIV to sit closer to him and pulled
Doe XIV toward him. He told Doe XIV that he wanted to bond. He put his
hand on Doe XIV's leg and rubbed it.
Gordon MacRae was ordained on June 5, 1982,
and assigned to Our Lady of the Miraculous Medal Parish in Hampton on
July 10, 1982. (B3120).
[This is one answer from B3117-40,
answers by Christian and Quinn to interrogatories; the complete file is
about 1M in size.] On June 15, 1983, MacRae [page 140 begins] was assigned by the Diocese of Manchester to St. Bernard's parish
in Keene. (B3030 [Not found], B3120).
John Doe XIV maintained close contact with MacRae at each of these assignments.
MacRae began taking Doe XIV over to the rectory at St. Bernard's in Keene.
MacRae began giving alcohol to Doe XIV, who would feel, "fuzzy,"
"blurry," and "strange." Drinking became a regular
part of the activity at the rectory. Doe XIV began spending the night
at the rectory with MacRae. During these overnight visits, MacRae would
massage Doe XIV's back, legs, and buttocks. He would then have Doe XIV
roll over and MacRae would massage Doe XIV's chest and genitals. MacRae
called this the "spider game." (B6882).
MacRae would tell Doe XIV that these activities were "normal"
and part of their bonding experience. (B6882).
On some occasions, Doe XIV would drink so much he would pass out. (B6883).
Doe XIV described how, on one occasion
in 1981 or 1982, MacRae brought him to the rectory in Hudson. Doe XIV
guzzled some alcohol. MacRae then brought Doe XIV into the bedroom and
made Doe XIV undress. He told Doe XlV he would no longer be his friend
if he did not do it. According to Doe XIV, MacRae then left the room and
another man, whom Doe XIV believed was a priest, came into the room and
anally raped Doe XIV. A second man came in and had anal intercourse with
Doe XIV as well. MacRae then came back and took Doe XIV to dinner and
a movie. They never talked about the incident. [This incident is described
During MacRae's ordination in May 1982,
Jane Doe II and her family were seated in the VIP section of the church.
Doe XIV graduated high school in 1983 and entered the Army. During this
time, he maintained contact with MacRae. Doe XIV was discharged from the
Army in 1987 and decided to return to New Hampshire in 1988. When Doe
XIV returned to New Hampshire he moved in with MacRae. He told MacRae
that he needed some money. MacRae told Doe XIV he could earn a couple
of hundred dollars by just laying there. Doe XIV understood this to be
a sexual proposition. Shortly thereafter he moved out of MacRae's residence.
Thereafter, he was contacted by Keene Det. James McLaughlin. He told McLaughlin
about the solicitation, but did not report the other sexual contact at
that time. (B6884).
In early 1989, Jane Doe II learned that
there had been a problem with MacRae and a boy at Spofford Hall. She was
advised to speak with her sons about their contact with MacRae. She did
so and learned that they had been abused by MacRae. (B6884).
While MacRae was not charged with his sexual
misconduct toward Doe XIV, in 1994, during MacRae's sentencing hearing,
the court found clear and convincing evidence that MacRae had sexually
assault Doe XIV many times. (S-III at 154). The court also found that
"[t]he evidence of your taking [John Doe XIV] to Hudson for sexual
gratification of two of your associates is clear and convincing. The evidence
of your suggestion that [John Doe XIV] prostitute himself is clear and
convincing." (S-III at 156). [page 141 begins]
2. John Doe XV12
John Doe XV was born in 1969. He had the
same religious experience in his upbringing as his brother Doe XIV. He
met MacRae in 1979 when he was 10 years old. MacRae became very close
to the family.
Over the next several years, Doe XV became
very close to MacRae and developed trust in him. MacRae would often buy
him gifts, including sneakers, clothes, a Walkman, and tapes. In 1982,
he attended MacRae's ordination with the rest of his family.
When his parents separated in 1982, Doe
XV suffered emotionally. MacRae provided support to Doe XV. The first
abuse occurred in the spring or summer of 1982, when Doe XV was 13 years
old. He and MacRae took a weekend trip to the rectory in Hampton. During
the trip to the rectory, they discussed Doe XV's parents' divorce. When
they arrived at the rectory, MacRae took Doe XV up to the living quarters,
where there was a bar. MacRae began to serve alcohol to Doe XV, who became
sick. Doe XV ended up on the bed in his underwear. MacRae touched Doe
XV all over, including on his genitals. MacRae then performed fellatio
on Doe XV. He also tried to have anal intercourse with Doe XV but Doe
After this episode, MacRae told Doe XV
not to tell anyone. On the way home from the weekend, MacRae purchased
Doe XV a Walkman and some tapes. When they finally arrived back at Doe
XV's home, MacRae told Jane Doe II that he thought Doe XV's problems stemmed
from his sexual identity and he told Jane Doe II that he though Doe XV
Following this incident, Doe XV continued
to have contact with MacRae through the fall of 1985. MacRae brought Doe
XV to rectories in Groveton, Rye, and Keene. The sexual contact continued,
including masturbation and oral sex by MacRae on Doe XV. Doe XV estimates
that there were 50 instances of sexual contact, at least 10 of which were
The last instance of oral sex occurred
in the fall of 1985 at the Keene rectory. MacRae served Doe XV mixed drinks.
At one point, MacRae left the room, and someone else came in and performed
oral sex on Doe XV.
In the fall of 1985, MacRae counseled Doe
XV in preparation for confirmation. Doe XV received no spiritual guidance.
Instead, MacRae solicited him to engage in prostitution. He told Doe XV
that all he had to do was lie there. After Doe XV's confirmation, the
sexual contact with MacRae ended.
In 1987, however, Doe XV was in MacRae's
rectory office. MacRae had a gun and was joking around. He held the gun
to his head and said that "if things got out, things would happen."
Doe XV did not take MacRae seriously, but had not disclosed the abuse.
After he graduated from high school, Doe
XV joined the Navy. He began to have personal problems and entered counseling.
In 1989, he told the counselor that he had suicidal [page 142 begins] thoughts and homicidal thoughts toward the person who sexually
abused him. Doe XV was discharged from the Navy that year for medical
At some point in 1989, Jane Doe II asked
her son if MacRae had ever done anything to him that would upset him.
Doe XV "fell apart." Doe XV finally spoke with Keene Det. James
McLaughlin in 1992 about his sexual contacts with MacRae.
In 1994, MacRae pled guilty to sexually
assaulting Doe XV. (S-III at 153).
3. John Doe XVI13
John Doe XVI was adopted by Jane Doe II
when Doe XVI was one-year-old. He was born in 1967. He was raised in the
same devout Catholic setting as his brother Doe XIV. As with his brother,
he was raised on the belief that priests were representatives of God and
were to be treated with reverence. Doe XVI was 11 years old when he first
met MacRae in 1979.
During that summer, Doe XVI was delivering
newspapers with his brother. He delivered a paper to the rectory and was
invited inside for something to eat. As Doe XVI was leaving, MacRae rubbed
his body against Doe XVI's and fondled Doe XVI's genitals over the clothing.
After MacRae left Marlborough, he continued
his contact with Doe XVI's family. In 1981, Doe XVI accompanied MacRae
on the trip to the airport to drop Doe XVI's brother off. During the drive
home, Doe XVI fell asleep. He awoke to find MacRae fondling his penis.
In 1982, MacRae visited Doe XVI's home.
He then took Doe XVI for a ride to Keene to get some food. During the
trip, MacRae fondled Doe XVI's genitals through his clothing.
As indicated above, in 1982, Doe XVI's
parents separated. Doe XVI felt responsible for their separation and ultimate
divorce. His abuse of alcohol, which had begun several years earlier,
got significantly worse. At that time, MacRae, who lived in Hampton, continued
to maintain contact with Doe XVI's family. Jane Doe II encouraged her
children to spend time with MacRae because they needed a male role model
in their lives.
In June 1983, MacRae was assigned to St.
Bernard's parish in Keene. MacRae began visiting Doe XVI's family on a
daily basis. Jane Doe II confided in MacRae her family's problems, including
Doe XVI's substance abuse. MacRae, who had a degree in counseling and
experience with alcohol abuse, offered to counsel Doe XVI. Jane Doe II
encouraged Doe XVI to talk with MacRae. Doe XVI began seeing MacRae at
the rectory to talk about his problems, although no formal sessions were
On four separate occasions in the summer
of 1983, during these counseling sessions, MacRae sexually assaulted Doe
XVI. As Doe XVI explained his problems, MacRae would belittle or berate
Doe XVI, who would break down and cry. MacRae then sought to comfort Doe
XVI. During this time, MacRae performed an act of fellatio on Doe XVI.
[page 143 begins]
During the same summer, MacRae also assaulted
Doe XVI once during an overnight visit. Doe XVI had been sleeping in MacRae's
living quarters in the rectory when he awoke to find his penis in MacRae's
The abuse continued through the summer
of 1986, when Doe XVI was 19 years old.14 Over this time, Doe XVI began to abuse drugs and his use of alcohol worsened.
Doe XVI's relationship with his mother also worsened to the point that
it was all but severed. MacRae was the main person in Doe XVI's life.
During that summer, Doe XVI begged MacRae to get him help for his drug
and alcohol problem. MacRae arranged for Doe XVI to go to Derby Lodge
in Berlin for treatment. The night before Doe XVI was to leave for Derby
Lodge he stayed in the rectory and MacRae again performed fellatio on
During his treatment at Derby Lodge, Doe
XVI disclosed his sexual contact with MacRae for the first time. Doe XVI's
counselor reacted with disbelief and told him that a priest could not
do something like that.
When Doe XVI's treatment at Derby Lodge
ended, he resumed his relationship with MacRae. Approximately six to nine
months after Doe XVI revealed the abuse to his counselor at Derby Lodge,
MacRae told Doe XVI that he was aware of the conversation and threatened
to kill Doe XVI if he told anyone again.
Doe XVI's relationship with MacRae, and
accordingly the abuse, ended in 1987, when Doe XVI was 20 years old. Doe
XVI had been living at that point in an apartment in Manchester. His roommate
committed suicide and he could no longer afford the apartment. MacRae,
who was at that point on a leave of absence from the priesthood, agreed
to allow Doe XVI to live with him in Keene. One day, Doe XVI found some
videotapes in the apartment. They showed a young man lying naked on the
bed. Doe XVI thought he recognized the young man as John Doe XVIII and
he heard MacRae's voice on the videotape. Doe XVI got scared and took
all of the videotapes and video camera equipment and brought the items
to his mother's house. Once Doe XVI deposited the items in storage at
his mother's house, he took off on his bicycle. MacRae intercepted him
and demanded his stuff back. MacRae told Doe XVI he wanted to kill him
and threatened him with a gun. Doe XVI eventually got away from MacRae.
Following this encounter, Doe XVI moved
to Maine and then California. In 1989 or 1990, while Doe XVI was in California
his mother asked him whether MacRae had ever done anything to him. Doe
XVI avoided the question. Eventually, Doe XVI learned that MacRae had
also abused his brothers. At that point he came forward. In 1994, MacRae
was convicted by the Cheshire County jury based on his sexual abuse of
D. MacRae's Sexual Misconduct With
John Doe XVII
John Doe XVII first met MacRae in December
1985 through St. Bernard's parish in Keene when Doe XVII was 15 years
old. (S-II at 13-14). Doe XVII was learning-disabled and was very disruptive
in school. (S-II at 13). Doe XVII's mother was working for a Catholic
school when she heard good things about MacRae's work with children. (S-II
at 13). She set up [page 144 begins] a meeting
for her son to enter counseling with MacRae. (S-II at 13). Doe XVII and
MacRae became "fast friends" and spent "night and day together."
(S-II at 14). Doe XVII and MacRae spent a significant amount of time together
in the rectory over a six month period of time. (S-II at 5). On one occasion,
MacRae and Doe XVII were together and MacRae asked to play a game called
the "road map game." (S-II at 6-7). MacRae went down the buttons
of Doe XVII's shirt with his fingers. (S-II at 7). Doe XVII did not understand
what MacRae was doing, but he "had so much trust in him" that
he did not think anything was wrong. (S-II at 7). As MacRae worked his
way down Doe XVII's shirt he started to got beneath the boy's belt line
on his pants. (S-II at 7). Doe XVII jumped up in a panic and ran out of
the parish. (S-II at 7). He told his mother what had happened, but made
her promise never to tell anyone. (S-II at 10). When Doe XVII's mother
took him back to the rectory to confront MacRae, MacRae denied the conduct.
(S-II at 10).
E. MacRae's Sexual Misconduct with
John Doe XVIII
John Doe XVIII first met MacRae in 1983
when he was 12 years old. (B8864).
During the spring of 1987, when Doe XVIII was 15 years old, MacRae engaged
in sexual misconduct with Doe XVIII. Id.
MacRae masturbated Doe XVIII on five or six occasions. Id. MacRae also
played a game that he called the "robot game."Id.
Doe XVIII would give instructions to MacRae who would act like a robot
while his hand was on Doe XVIII's penis. Id.
On one occasion, MacRae performed oral sex on Doe XVIII. Id. All of the
sexual activity took place on the third floor of the rectory at St. Bernard's
in Keene. Id.
The sexual activity ended when Doe XVIII stole MacRae's check book in
order to buy a gun to kill MacRae. Id.
At that point, MacRae knew that Doe XVIII was serious about the fact that
Doe XVIII wanted the abuse to stop. (B8860).
As described above, John Doe XVI recognized
Doe XVIII engaging in sexual activity on a videotape that Doe XVI saw
in MacRae's apartment. (S-II at 34). Doe XVIII was not aware that MacRae
was videotaping their activity, but recognized that it was possible that
MacRae had done so surreptitiously. (B8860).
In 1994, MacRae pled guilty to engaging in sexual activity with Doe XVIII.
(S-III at 153).
F. MacRae's Sexual Misconduct with
John Doe XIX
In June 1987, MacRae requested a temporary
leave of absence from his parish ministry from Bishop Gendron. (B3053).
MacRae requested the leave of absence so that he could pursue a job as
the Executive Director for Monadnock Region Substance Abuse Service, a
drug and alcohol rehabilitation agency. (B3052; B3056).
On June 15, 1987, Bishop Gendron granted MacRae a one-year leave of absence
from priestly ministry with the Diocese. (B3057).
Bishop Gendron urged MacRae to continue his counseling with Dr. Guertin-Ouellette. Id.
He also stated: "You understand that with the exception of specific
instances for which I would grant you faculties at your request, you would
not have the faculties to function as a priest during the period of this
On August 18, 1987, Bishop Gendron granted
MacRae permission to celebrate Mass for patients at Spofford Hall. (B3127).
Spofford Hall was a drug and alcohol counseling facility [page 145 begins] located in Chesterfield, where MacRae was working as a counselor.
Gendron granted MacRae permission to perform mass at Spofford Hall "because
of the manifest spiritual needs which you have so clearly described, as
existing among the patients at the hospital." (B3127).
Rev. Leonard Zecchini, the Director of Pastoral Care at Spofford Hall,
also wrote to the bishop. "He, too, has very well described the unusual
circumstances of the hospital and the ongoing need the Catholic patients
have for regular spiritual care in their total recovery process." Id.
Bishop Gendron noted: "I know that, in addition to your other talents
and responsibilities, your priestly ministry in this regard will be of
great assistance to the patients at the hospital." The bishop specifically
warns MacRae of the "need to avoid public confusion about your present
leave of absence from the Diocese and about your ministry as a priest
in these rather particular circumstances. I know that you will take the
necessary precautions in this regard." Id.
On March 11, 1988, MacRae wrote to Msgr.
John Quinn to update him on his drug and alcohol counseling work. (B6852).
MacRae noted that, with Bishop Gendron's permission, he had been providing
pastoral care at Spofford Hall on a weekly basis and was performing mass
at that facility once a week. (B6853).
He noted that he was also providing penitential services and spiritual
direction for individual patients. (B6853).
MacRae also included a description of his duties with Monadnock Region
Substance Abuse Service. (B6854).
This description noted that the organization provided services to "children
of alcoholic parents" and community education for various organizations,
including schools. Id. In fact, MacRae was engaged in one-on-one counseling
with adolescents who were substance-abuse dependent. (B7705-06).
MacRae would also see adolescent clients out of the clinic in violation
of Monadnock's policy. (B7706).
On March 23, 1988, Bishop Gendron granted
MacRae an additional year leave of absence. (B6850).
Bishop Gendron stated: "As we discussed, I would be most anxious
to have you return to ministry at the end of this period of time." Id.
He also confirmed that MacRae continued to have priestly faculties to
celebrate mass at Spofford Hall. Id.
The Diocese did not warn the staff at Monadnock
Region Substance Abuse Services, Spofford Hall, or the other priests or
parishioners at St. Bernard's parish in Keene about MacRae's admitted
sexual misconduct with Doe XII in 1983. (B3129).
According to the president of Monadnock, the clinic did not do a background
check on MacRae when he was hired because of his vocation as a Catholic
The clinic relied on the fact that MacRae appeared to be a priest in good
standing with the Diocese. (B7705).
They received no information to the contrary from the Diocese. (B7705).
Had the clinic been aware that MacRae had abused a boy in the past, they
would not have hired him. (B7705-07).
MacRae was fired by Monadnock when new sexual abuse allegations surfaced
On July 14, 1988, New Hampshire State Police
received a report of sexual abuse against MacRae. (B7638).
John Doe XIX, a 17-year-old patient at Spofford Hall, alleged that he
had requested to see MacRae after the celebration of Mass for the purpose
of counseling. (B3046).15 Doe XIX alleged that MacRae attempted to touch him sexually during this
The Director of Spofford Hall informed Msgr. Christian that it was possible
that Doe XIX was lying about the incident and it would be difficult to
learn the truth. (B3046).
Doe XIX refused to be [page 146 begins] interviewed
by state police in 1988 or by Task Force investigators in connection with
the present investigation.
When MacRae was confronted about the accusations
by state police, he related the following story: Doe XIX approached MacRae
after mass one day at Spofford Hall to request that MacRae take Doe XIX's
Initially, MacRae resisted because the policy required that a meeting
be scheduled ahead of time. Id. When Doe XIX insisted, MacRae entered
a private office with Doe XIX. (B7641).
Following a discussion, Doe XIX grabbed MacRae from behind and then began
to masturbate himself. Id.
According to MacRae, when he tried to leave he heard voices in the hall
and was concerned about how it would look. Id.
MacRae said that the encounter lasted 60 seconds and when it ended, he
did not inform any of the staff at Spofford Hall about the incident. Id.
On July 14, 1988, Auxiliary Bishop Gerry
wrote to MacRae to inform him that any priestly faculties he had been
granted were suspended as a result of the incident at Spofford Hall. (B3059).
Bishop Gerry wrote: 'You have read enough, I know, to realize that the
decision to suspend you from faculties in no way is meant to be judgmental
on the 'incident,' but to safeguard the Church so that she cannot be accused
of knowing and still letting the priest operate under her auspices when
he could be taking advantage of adolescents." Id.
(emphasis in original).
G. MacRae's Sexual Misconduct With
John Doe XX
Just two months after the allegations at
Spofford Hall, MacRae was again accused of soliciting a minor to engage
in sexual activity. John Doe XX first met MacRae when he was 9 years old
at St. Bernard's parish in Keene. (B6956).
MacRae was Doe XX's favorite priest in the parish and they became close
Doe XX viewed MacRae as the father he never had. (B6956).
[These and subsequent references are to John Doe XX's answer to an interrogatory;
for the full set of answers, see B6951-85,
which is a 1.8M file.]
During 1988, while Doe XX was 14 years
old, he spent a lot of time alone with MacRae. (B6956).
MacRae would often steer the conversation toward sex. He would tell Doe
XX that there is plenty of money if he only knew how to earn it. MacRae
told Doe XX about a male friend who earned $600 an hour acting as a male
prostitute. MacRae would also ask Doe XX how he felt about cuddling and
touching someone of the same sex in bed. Doe XX told MacRae he though
homosexuality was sick. MacRae would end the conversation by saying: "I'm
just letting you know." (B6956).
One Sunday in October 1988, Doe XX confided
in MacRae that he needed money for a school dance. MacRae had often given
Doe XX money and gifts in the past. MacRae again steered the conversation
toward sex. He asked Doe XX if he would pose for pictures. MacRae then
took Doe XX back to his apartment. He took a camera out and instructed
Doe XX to undress. MacRae then took pictures of Doe XX in various poses,
including holding his genitals. When MacRae ran out of film, he gave Doe
XX $20 and some change. (B6956).
Later that week, Doe XX saw MacRae again.
This time he asked him for $10. (B6956-57).
MacRae asked Doe XX to pose for more pictures. They went to MacRae's apartment
[page 147 begins] again. This time, MacRae
asked Doe XX to give himself an erection. When MacRae ran out of film,
he gave Doe XX $50. (B6956).
The following weekend, MacRae and Doe XX
were riding around in the car. Doe XX asked for more money. MacRae again
took Doe XX to his apartment and took pictures of him. This time MacRae
instructed Doe XX to ejaculate, which he did. When MacRae ran out of film,
he took Doe XX home again. (B6956).
Doe XX's sexual contact with MacRae ended
when Keene Det. James McLaughlin called Doe XX into his office for an
interview, and Doe XX revealed what had happened to him. (B6986).
Initially, Doe XX only disclosed the conversation with MacRae about prostitution.
At that time, Doe XX denied that any physical sexual contact occurred
between himself and MacRae. (B8726).
Det. McLaughlin interviewed MacRae regarding
his contact with Doe XX. MacRae admitted to soliciting Doe XX for sex.
[These are excerpts from a police report of an interview with MacRae that
MacRae had initiated. See B8757-67 for the entire report, which is 1M in size.] Following MacRae's admissions,
on November 18, 1988, MacRae pled guilty to one misdemeanor count of endangering
the welfare of a minor for soliciting Doe XX to engage in sexual contact.
[This is an answer by MacRae to an interrogatory; see B6987-7010 for his complete answers to interrogatories, which is 1.5M in size]
IV. MACRAE'S PSYCHOLOGICAL EVALUATIONS
As noted above, in the early 1980s, MacRae
was involved in psychological counseling with Dr. Guertin-Ouellette, the
therapist retained by the Diocese to counsel priests and other religious
personnel. When Doe XII's allegations surfaced in 1983, the Diocese informed
State officials that "Rev. MacRae is currently in active, regular
therapy with Dr. Henry Guertin-Ouellette. Dr. Ouellette feels very confident
that therapy is positive and that Rev. MacRae is now self-controlled enough
to give some meaningful assurance that he is not likely to engage in deviant
When Doe XII's accusations resurfaced in 1986, Dr. Guertin-Ouellette again
issued an assurance that MacRae had adequately dealt with his sexual problems.
conviction for endangering the welfare of a minor in 1988 with Doe XX,
he was sent for psychological evaluation. MacRae was first evaluated by
the House of Affirmation in Massachusetts in December 1988. (B3063). [This
document was not found in the AG's archive.] Despite Dr. Guertin-Ouellette's
earlier assurances that MacRae's behavior had been adequately treated,
the House of Affirmation issued a blunt report about MacRae's inability
to control his sexual behavior:
Father MacRae reported several inappropriate
sexual encounters with adolescents. Although he experiences intense
shame and guilt for the behavior, he indicated that he does not feel
in control of such behavior. Father MacRae is in the early stages of
understanding and arresting the inappropriate sexual encounters with
minors. Although alarmed by it and very frightened of legal and personal
consequences, he has little awareness of the impact of the behavior
upon the adolescents, and he has little confidence that he can cease
such involvements. He still tends to transfer some responsibility for
the behavior to the adolescents and has difficulty acknowledging the
sexually addictive nature of the behavior. These [page 148 begins] factors indicate that Father MacRae is a sexual offender who
currently is not able to curtail such behavior without professional
support. We recommend that he receive professional support immediately.
(B3068). [This document was not found in the AG's archive.]
received further psychological evaluation from Strafford Guidance Center
in January 1989. Despite Dr. Guertin-Ouellette's earlier assurances, Strafford
Guidance issued a scathing report about MacRae's sexual problems:
The above data are indicative of severe
and deep-seated psychopathology that has had many ramifications in his
recent past and in his present psychological condition. The data indicate
a severe personality disorder with related serious psychosexual and
substance abuse problems. He has tremendous difficulty in intimate relationships,
sexual or otherwise, and in fact tends to sexualize most relationships
in one form or another. While he longs for sexual and emotional intimacy
with others, he appears to be almost completely incapable of establishing
and maintaining such intimacy in any real way. As a result, he has an
extremely active and involved fantasy life, which I suspect is driven
by only semi-repressed sado-masochistic drives....
I strongly recommend long-term intensive
psychotherapy. He fits the profile of what is known in the literature
as a "fixated" sexual offender. For this reason, he may not
be appropriate for the SATP of the Strafford Guidance Center, which
is not geared specifically to deal with sexual offenders of this type.
He is in clear need for insight-oriented psychotherapy to address the
psychodynamics as outlined above, as well as a program specifically
geared to deal with fixated sexual offenders....
(B6746-47). [This document was not found in the AG's archive.]
therapist at Strafford Guidance reached similar conclusions in February
Mr. MacRae appears to fit the description
of a fixated sexual offender, a man who has a primary sexual interest
in children, usually males, though with the possibility of attraction
to and sexual activity with adults; who identifies with his child victims
and who relates to children as peers, scaling his behavior to the child's
level or acting in a "pseudo-parental role." Other characteristics
of fixated offenders which apply to Mr. MacRae are the lack of a precipitating
stressor, the compulsive quality of the behavior, and a pervading characterological
As fixated offenders do not respond to
outpatient treatment and have the best record of recovery when treated
in an inpatient setting, initially in a program specifically tailored
to sexual offenders, it is important that Mr. MacRae undergo [page 149 begins] treatment in such a modality. It is important that Mr. MacRae
not be deferred to as special in treatment because he is a priest.
It is of great importance that Mr. MacRae
not be allowed to place himself in a position of authority over minors
in the future, and that he continue to take responsibility for this
and for other potentially dangerous behaviors.
(B6738-39). [This document was not found in the AG's archive.]
Based on the evaluation from Strafford
Guidance, MacRae attended in-patient therapy with the Servants of the
Paraclete in Jemez Springs, New Mexico. (B6739). [Not found in the archive.]
MacRae began treatment with the Servants of the Paraclete on March 14,
1989, and was a resident with the facility for slightly more than one
year. (B3090 [not found]; B3347 [for Lechner's full answers to interrogatories, see B3347-56,
1M in size]). On April 15, 1989, Bishop Gendron wrote to Dr. Peter Lechner,
Director of Villa Louis Martin ("VLM"), the residential treatment
center run by the Servants of the Paraclete. In that letter, Bishop Gendron
thanked Dr. Lechner for the progress report on MacRae. (B6725).
Bishop Gendron then wrote: "I will, as you request, destroy the various
psychological reports you included." (B6725).
While there are no progress reports in Diocesan files on MacRae from VLM
prior to April 15, 1989, the Diocese did retain subsequent psychological
reports from VLM on MacRae.
Dr. Lechner indicated that the only misconduct
that VLM was aware of with respect to MacRae was the following: "Gordon
was referred to us as a `sexual offender' who needed professional treatment.
During the course of the treatment it because evident that his sexual
offenses consisted in limited sexual activity with adults before ordination,
some sexual activity with adult prostitutes after ordination (for the
Villa Louis Martin program this was regarded as a moral offense and unacceptable
behavior for a priest), as well as having a young man sit on his lap,
hugging him and attempting to kiss him (Gordon had been drinking alcohol
at the time), and in imprudent conversation with a young man who said
he would do anything for money. We were aware of no other sexual offenses."
Dr. Lechner did not view MacRae as a sexual offender in the sense of "someone
who repeatedly sexual[ly] abused others in an illegal fashion and was
likely to continue doing so without professional help. ..." (B3349).
Dr. Lechner disagreed with the conclusions reached by the House of Affirmation
and Strafford Guidance Clinic. Specifically, he stated:
When Gordon first came to us, his presence
was preceded by reports from House of Affirmation and Strafford Guidance
Clinic. The House of Affirmation report was written after Gordon was
there for five days and the Strafford Guidance Clinic report was written,
according to their report, after two hours of interviewing - lengths
of time that would not seem adequate to accurately evaluate the complex
problems Gordon suffered from. These reports were very condemnatory
of Gordon and pictured him as a child offender with little conscience.
It was only after time that it became clear that Gordon did not fit
the description of the House of Affirmation and Strafford Guidance Clinic.
He had a depth of conscientiousness and sensitivity to others, and a
very high degree of [page 150 begins] ethical
concern that did not fit with what the reports said of him. These conclusions
were more consonant with the conclusions of Dr. Guertin-Ouellette who
had seen Gordon in psychotherapy for a period of four years.
In September 1990, after completion of
his residential treatment at VLM, MacRae was offered a job by the Servants
of the Paraclete to be the assistant director of the Foundation House,
a sister program to VLM. (B3107; B3109).
Bishop O'Neil granted MacRae permission to accept the position with the
Servants of the Paraclete. (B3110).
The Servants of the Paraclete continued
to support MacRae even after his arrest, conviction, and sentencing. In
fact, on November 30 2001, Dr. Peter Lechner, one of the counselors who
evaluated MacRae at Villa Louis Martin, wrote to Bishop John McCormack
to offer assistance to MacRae in his legal fight against his convictions
and sentences. (B6866).
Dr. Lechner acknowledged receiving correspondence from Bishop McCormack
regarding the fact that the Diocese was considering a lawyer to check
into MacRae's sentencing. Dr. Lechner stated: "I would like to offer
any help possible, and would be happy to send the brief I wrote several
years ago in his regard." Id.
Dr. Lechner also noted that the General Council of the Servants of the
Paraclete "recommended that I contact you and suggested the possibility
of a small fund being started to help finance legal work for Gordon. We
would be willing to contribute a few thousand dollars if this would help." Id.
V. MACRAE'S CRIMINAL TRIAL AND SENTENCING
In 1994, following a lengthy criminal trial,
MacRae was convicted of engaging in various acts of sexual assault with
John Doe XVI. MacRae also pled guilty to sexual assaults involving John
Doe XII, John Doe XV, and John Doe XVIII. Judge Arthur Brennan held a
three-day sentencing hearing in November 1994. During the hearing, Judge
Brennan heard from multiple witnesses, including the victims, their family
members, and expert witnesses. MacRae also called witnesses, including
Father David Deibel, a Catholic priest, canon lawyer, and consultant for
the Servants of the Paraclete. (S-I at 102). Deibel met MacRae in 1992,
while MacRae was working for the Servants of the Paraclete. (S-I at 110).
Fr. Deibel testified that he felt MacRae's rehabilitation was well underway
and that prolonged incarceration would be counterproductive. (S-I at 122).
After hearing the
testimony of all of the witnesses, Judge Brennan made the following comments
in support of the sentence he imposed on Gordon MacRae:
I've listened to the evidence presented
at the sentencing hearing and used my own education and experience and
the constitutional and legal standards for sentencing to render an appropriate
sentence for the convictions against Gordon MacRae resulting from his
assaults on [John Doe XVI). I want to thank the witnesses who testified
at this hearing, both for and against Gordon MacRae. I found, with the
exception of Father David Deibel, the priest and lawyer, that you all
spoke in good faith, whether I agreed with what you said or not. I believe
that Father [page 151 begins] Deibel attempted
to mislead the Court, that he intentionally minimized the behavior of
Gordon MacRae, and that he is not a credible witness. I hope and trust
he is not representative of the attitudes of the governing body of the
Catholic church concerning sexual predators within its clergy.
Recently I read some words about the
lack of heroes in this generation. They were written by a college student
who was nearly the same age as the young men we have called victims
in this case. And while I understand what the writer means, I disagree,
and instead believe that heroes are with us every day. We need only
open our eyes. Heroes include the woman who throws off the cloak of
a battering partner, the trooper who gives the life he risked so many
times, the people who overcome their own physical and mental disabilities
or those of their family, the victims who find the courage to face this
awkward and admittedly intimidating legal system. Heroes are people
who are thrown into a journey of danger, injury, pain, or humiliation.
Sometimes they are killed or destroyed; but whether they live or they
die, whether they succeed or fail, they present us with an important
message about what we can be and about what we should do.
Courtroom One in Cheshire County has
some of those heroes here today. May the rest of us understand their
message and may they heal and wear their scars proudly.
I presided over your trial, Mr. MacRae.
The jury was fair and impartial. Attorneys Koch, Davis, Reynolds, and
Gainor performed aggressively, competently and honorably. Later, I took
your pleas of guilty to the sexual assaults of [John Doe XV, John Doe
XII, and John Doe XVIII]. They, too, were young teen-age boys when you
assaulted them. You admitted that you committed those acts and you intended
to commit them....
I heard the convincing evidence from
[Doe XV, Doe XIV, and Doe XVI] of the many times you sexually assaulted
each of them when they were boys. You cloaked yourself in the authority
of the Catholic Church and deceived their mother into putting her sons
in your trust. You befriended each of them. You gave them things she
could not. Movies, trips, money, your undivided attention. Surrounded
by the aura of the Catholic Church, and all that it meant to this family,
you gave them time in your rooms at the rectory, a place filled with
a certain sense of knowledge, strength, and institutional sanctity,
particularly for these young and vulnerable teen-age boys who revered
priests. You infiltrated their home, constantly increasing their dependence
upon you and your authority over them. And when they were away from
home with you, you made certain they were alone. You encouraged and
accepted their confidence and you used your education and your sophistication
to bind these boys to you. Then you raped them again and again and over
and over. And they could not tell anyone. They did not tell each other.
They carried the guilt of your sexual assaults and they [page 152 begins] each carried that terrible weight alone. And with each assault,
you violated a sacred trust of their mother, whom you continuously deceived
as you undermined her family and ultimately her faith.
It goes without saying that you scorned
the most fundamental teachings of the religion you stood for. Your acts
against those children, now young men, is a nightmare to decent people.
The evidence of your possession of child pornography is clear and convincing.
The evidence of your taking [John Doe XIV] to Hudson for the sexual
gratification of two of your associates is clear and convincing. The
evidence of your suggestion that [John Doe XIV] prostitute himself is
clear and convincing. The evidence that you told [John Doe XVI] that
no one would ever believe him is clear and convincing. [John Doe XII]
- I find clear and convincing evidence that [John Doe XII] was befriended
by you, Mr. MacRae, while he was in his early teens and very vulnerable.
He was having trouble in school and at home. You gained his confidence,
encouraged a dependence and reverence for you, and then sexually assaulted
him numerous times. When he attempted to confront you, you denied your
acts. The psychological impact on [Doe XII] included a sense of betrayal,
nightmares, suicidal impulses and eventual diagnosis of Post Traumatic
Stress Disorder. Moreover, you destroyed [Doe XII]'s dream of becoming
[John Doe XVII]. I find by clear and
convincing evidence that when [John Doe XVII] was 15 years old, his
mother referred him to you for counseling because she had heard of your
work with troubled boys. Once again, you gained a mother's confidence.
You then exploited the vulnerability of the boy and his family. When
you attempted to sexually assault him, [John Doe XVII] resisted and
confided in his mother. [Doe XVII] pleaded that she never tell; and,
understandably, she did not. It was not until he ran away that she telephoned
you in desperation searching for her son and confronted you. You denied
everything, and instead you made counter-accusations that have become
the trademark of your struggle against justice.
... I conclude that you, Mr. MacRae,
remain an extremely dangerous and high risk sexual offender. The compulsiveness
and repetitiveness of your sexual assault against young boys, documented
from 1979 to 1988, the selection and grooming of vulnerable boys and
families, the deceitful use of both the authority of a Catholic priest
and the corresponding spiritual power that the religion represents,
the evidence of your solicitation and prostitution of young men for
the gratification of yourself and others of your ilk, the evidence of
child pornography and multiple victims, your complete lack of remorse,
your aggressive denial of wrongdoing, your merciless attack on the character
of the victims who confronted you, the ruthless application of your
intelligence, education and experience as a counselor to undermine these
children and their families and your total lack of compassion for your
victims and the friends you continued to mislead, I [page 153 begins] considered all of these things in deciding your sentence for
the attacks on [John Doe XVI]. And I find that the prospects for your
rehabilitation are very poor. There is no credible evidence that you
have responded to the treatment that you have received. Throughout these
proceedings, I have listened to your witnesses and I have watched you
closely. I detect nothing in you at this time that gives me a reasonable
basis for releasing you into the community ever. I hope that in the
years to come effective treatment will be developed and that you will
embrace it. Perhaps you will someday understand the depth and damage
of your acts and perhaps we will someday develop the technology to allow
you to be released into society and at the same time ensure the safety
of the children and families that you prey upon. But I am not persuaded
that we have the knowledge or technology today and I will not put this
community's children at risk for your benefit.
(S-III at 151-59).
VI. DIOCESAN RESPONSE TO MACRAE'S CONVICTIONS AND SENTENCES
In 1998, MacRae wrote to the Vatican to
complain about the way he felt that the Diocese had treated him during
the criminal trial. (B3401).
[Two of three attachments to MacRae's letter are also in the files. One
the opinion of a canon lawyer. The other is B3406-71,
a long (7.2M) affidavit by MacRae. That affidavit is also offered here
in smaller pieces that download easily: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
In February 1999, after receiving information from Diocesan officials
who were familiar with MacRae's case, Bishop McCormack responded to MacRae's
complaints to the Vatican. Bishop McCormack related the following information
to the Vatican. Beginning in the Fall of 1983 and until his conviction,
several accusations were made by different young men against MacRae. All
accusations involved different levels of sexual activity. Some more serious
than others "but always they involved inappropriate sexual conduct."
MacRae was required to attend increasing levels of counseling culminating
in long-term in-patient care with the Servant of the Paraclete. During
his leave of absence, "he was formally suspended from priestly ministry
as a result of the public nature of one of these charges." McCormack
noted that "[t]he extent of the guilt or innocence of Gordon MacRae
is difficult to establish, even though the civil court found him guilty.
He did admit to diocesan officials inappropriate caressing and kissing
of a young man in at least one situation." Bishop McCormack then
summarized the conflicting psychological evaluations discussed above.
The Bishop went on to note that "[w]hatever the truth is about his
guilt or innocence, the Diocese of Manchester was in a difficult situation
during his public trial. The Diocese supported him privately with funds
while at the same time not defending or supporting him in a public way.
For example, the Diocese helped to fund his defense." Bishop McCormack
concluded: "Some believe his prison sentence is unduly harsh and
lengthy. This is due in part due [sic] to the way the law of New Hampshire
is written, and also to the public sentiment about such crimes. There
are people in prison who are serving much shorter sentences for very serious
crimes. Furthermore, it is probable that at the time of his arrest and
later conviction that he had his impulses under greater control and was
not longer a serious threat to society. His lengthy jail sentence is even
more inappropriate given his rehabilitation. I am sympathetic with Gordon
MacRae's concerns in this regard, but do not feel that the Diocese can
publicly advocate on his behalf without risking grave public misunderstanding
about the seriousness of its understanding with regard to sexual misconduct
by clergymen." (B3472-74).
[page 154 begins]
On November 16, 1999, Bishop McCormack
wrote a memo to the file regarding observations made by Auxiliary Bishop
Christian about MacRae's conviction. (B3513).
That memo concluded: "The sentencing in the [John Doe XVI] case was
not proportionate to the sentencing in similar cases. He was convicted
as a pedophile. The [John Doe] children possibly lied. Even though there
may be some irregularities in the handling of his criminal trial because
of the lying, based on the fact that he was criminally convicted, the
Diocese did not think it could win a civil case or be able to defend,
therefore, that they had supervised him appropriately and correctly."
On November 14, 2001, Attorney Bradford
Cook wrote to Bishop McCormack with his comments and observations on MacRae's
continued challenges to his convictions and sentences. (B3515).
Cook made the following observations to Bishop McCormack: "Throughout
the process, it was obvious that all of [Jane Doe II's children] were
expansive in their testimony and it was aimed at getting a certain result
and frankly, none of the attorneys involved in the criminal or civil cases
trusted their testimony to be completely accurate. Whether it was all
trumped up or totally manufactured is impossible to know, but unlikely.
That it was embellished was clear." (B3515).
There is absolutely no indication on what Attorney Cook based these conclusions.
VII. SETTLEMENT OF CIVIL CLAIMS AGAINST THE DIOCESE
In 1997, the Diocese entered into civil
settlements with John Doe XIV, John Doe XV, and John Doe XVI, after extensive
civil litigation. (B3381; B3388; B3394).
Each of the settlement agreements contained a confidentiality clause that
prohibited the victims from disclosing the facts surrounding the abuse
or the settlement itself. If the victims breached the confidentiality
provisions they would forfeit the money paid to them by the Diocese. The
settlement agreements did not provide any penalty if the Diocese disclosed
information about the victims. Id.
While the facts detailed above would have
supported a prosecution for endangering the welfare of a minor against
the Diocese, such a prosecution likely would have been barred by the statute
of limitations. Based on the civil law suits filed by the victims in the
1990s, it is clear that the victims knew that the Diocese breached a duty
of care to them by failing to take effective steps to protect them from
MacRae's sexual misconduct when the Diocese first learned of MacRae's
misconduct in 1983. Because the victims were aware of the Diocesan response
to MacRae's conduct more than one year before the present investigation,
the State could not have relied on the discovery provision to toll the
statute of limitations.
1. As discussed in further detail below, this victim
was different from the victim that the Diocese was aware of in November
2. Citation is to the sentencing hearing in State
v. MacRae held over the course of three days in Cheshire County Superior
Court in November 1994 followed by the volume number.
3. Citation is to the State's brief to the New Hampshire
Supreme Court in State v. MacRae.
4. The following factual recitation is taken from a published
order from the Hillsborough County Superior Court (Conboy, J.) regarding
the application of the statute of limitations to a civil lawsuit filed
by John Doe XII and others against the church in 1993. See [John Doe]
et al. v. MacRae et al. (Hills. North Super. Ct. Aug. 2, 1996).
5. In the course of his therapy, Doe XII informed the
counselor that another male child had been abused in a similar manner.
He did not provide any further information about who that child was. (B10488).
Some years later the Diocese expressed confusion about the reference to
a second victim. Fr. Christian speculated that Doe XII might have indicated
at the time that there was someone else who was abused or that there was
a misunderstanding and that two instances of abuse with Doe XII was interpreted
as abuse against two separate victims. (B3172).
Apparently, there was a lapse of memory about the origins of the reference
to the second victim.
6. This appears at odds with the psychological evaluation
performed on MacRae prior to his admission into the seminary. That report
indicates that MacRae "has an unresolved problem of sexual identification
as heterosexual adjustment is concieved of as threatening and dangerous."
(B3023-24). [This document was not found in the NHAG's archive.]
7. This report has several obvious errors. It incorrectly
reported John Doe XII's age was 15. In fact, he was 14 years old at the
time of the report, and was only 13 years old at the time of the abuse.
The report even misspelled his name.
8 In reviewing the files, no treatment plan or monitoring
was located, other than the Diocese's assurances to the civil authorities
that MacRae was going to Dr. Guertin-Ouellette and that he would be strictly
9 It is unclear why Det. Wardle told Fraser that Doe XII
did not disclose any sexual contact. Det. Wardle's notes of his interview
with Doe XII clearly indicate that MacRae engaged in the "spider
game," which is described as "[h]is hand was spider - R leg
- L leg then middle leg." Det. Wardle's notes do indicate that Doe
XII disclosed hugging, kissing, and fondling in 1983. (B10525).
10. Det. Wardle indicates that the allegations against
MacRae in 1983 were resolved when the Attorney General's Office approved
a treatment plan for Gordon MacRae. (B6822 [which is a one-page excerpt from B6813-24,
an interview with Wardle]; B8730).
After the referral of the matter in January 1984 to the Cheshire County
Attorney's Office, there is no evidence that the Attorney General's Office
had further involvement in the investigation or resolution of the allegations
11. Except as otherwise noted, the recitation of events
in this section was taken from the factual findings in the court order
on the statute of limitations in the civil lawsuit. (B6880-85).
12. This recitation of events taken from the factual
findings in the court order on the statute of limitations in the civil
lawsuit. [The relevant portion of the court order is B6889-92.]
13. The facts with respect to this matter are taken from
the State's brief on appeal from the conviction of MacRae.
14. These facts are drawn from the court order on the
statute of limitations in the civil lawsuit.
15. In a memorandum to the file, Msgr. Francis Christian
reported that Doe M's age was 18 or 19 at the time of the incident. (B3046)
This is incorrect Doe XIX was only 17 years old. (B7638).