I have followed various mailings, messages, and InDepthNH.org news articles regarding the NH Exculpatory Evidence Schedule (EES) (aka the “Laurie List”). Because I am a New Hampshire prisoner with no online access, I have been unable to respond to this matter, but I do so now with the help of an outside advocate.
From a contact at ACLU-NH, I became aware in late 2021 that former Keene, NH Detective James F. McLaughlin was briefly named on the public EES for a founded 1985 complaint of “Falsification of Records.” This was by no means the only EES misconduct by Mr. McLaughlin, but the public has been constrained from commenting by the years in which the existence of this list was kept secret and by the anonymity and judicial secrecy afforded to officers seeking removal from the list.
In a recent article by Damien Fisher at InDepthNH.org, “Judge Considers Releasing YDC Abuse Affidavit AG Wants Sealed,” I read a hopeful quote by Judge William Delker: “We don’t litigate in secret in this State.” With all due respect to Judge Delker, that is likely true in his Court but not entirely true throughout New Hampshire Courts.
We want to thank Gordon J. MacRae for this Contribution – Please direct yours to Steve@GraniteGrok.com.
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I am in my 30th year of incarceration, a result of what is commonly called a “trial penalty.” Pre-trial in 1994, I was three times offered in writing, a “plea deal” to plead guilty to charges orchestrated and investigated solely by Detective McLaughlin. The proffered deal was that I would serve a term of one to three years in prison if I would plead guilty. When I declined the deal, the offer was reduced during trial to one to two years. I declined again and was subsequently sentenced by Judge Arthur Brennan to a term of 33 to 67 years. Because the minimum term requires an admission of guilt, I am sentenced to 67 years.
It was a violation of Brady v Maryland that neither I nor my trial counsel were informed pre-trial that nine years earlier, in 1985, Detective James McLaughlin was cited for misconduct, “Falsification of Records.” This was by no means his only violation, as detailed below, but legal and judicial secrecy afforded to officers seeking removal from the Laurie List has effectively silenced most public input.
Various articles published at InDepthNH.org as a result of Freedom of Information Act requests cite instances of altered, erased, and missing evidentiary tape recording allegedly altered by Detective McLaughlin, as well as a number of other incidents of misconduct and challenged credibility. His handling of tape-recorded evidence and his proffered bribes to potential accusers have been primary concerns in his investigation of the case against me.
The following four links detail the misconduct leading up to my 1994 trial. They include documented allegations of falsification of records and evidence, witness tampering, attempted bribery, the subornation of perjury, and the use of police power to threaten a key witness into altering her testimony.
Most of these incidents and the signed statements of witnesses are cited in three of these links and were obtained by a former decorated FBI Special Agent who spent three years investigating this case. No New Hampshire judge would thus far allow this new evidence or testimony to come before any Court.
- Gordon J. MacRae v James F. McLaughlin et al, USDC-NM 1504
- Detective James McLaughlin and the Police Misconduct List
- In New Hampshire Courts Police Misconduct is Judged in Secret
- The Wall Street Journal on the Case of Gordon J. MacRae
My sincere thanks for your attention to this matter.
Sent on behalf of:
Gordon J. MacRae #67546
NH State Prison
