PASSAGE OF THE DAY: "Gerald Amirault, 68, who was paroled in 2004, spent 18 years in prison after being convicted of sexually assaulting nine children at his family’s day-care center, the Fells Acres Day School in Malden. His sister, (Cheryl Amirault) LeFave, 65, was released in 1999. Their mother, Violet Amirault, was also convicted in the case and served eight years in prison. She died of cancer in 1997 less than one year after being freed on bail while awaiting a new trial. Gerald Amirault has long maintained his innocence, and the case fell under scrutiny after some of the methods investigators used to obtain child witness testimony were discredited and abandoned. A Globe story about the controversy from 1995 noted that videotapes and transcripts of interviews conducted with the children included several instances of children denying abuse only to have the interviewer plead and cajole, at times offering gifts, for the “correct” answer. James L. Sultan, the Amiraults’ attorney, said in a statement Friday that his clients did not receive a fair trial and served time for “crimes they did not commit.” He said neither would comment while the pardon recommendations are pending before the Governor’s Council." --------------------------------------------------------------- STORY: "Baker recommends pardons for siblings convicted in Fells Acres day-care abuse case," by Reporter Matt Stout, The Boston Globe reports, on November 18, 2022. GIST: "Governor Charlie Baker on Friday approved a commutation request of a man serving a life sentence for murder and announced pardons for six people, including Gerald Amirault and his sister, who were convicted nearly 40 years ago in the Fells Acres child sexual abuse case that was long dogged by doubts about investigators’ tactics. Baker said Friday that he is recommending pardons for Amirault and his sister, Cheryl Amirault LeFave, because he had “grave doubt regarding the evidentiary strength” of their convictions in the mid-1980s.................... A second-term Republican, Baker did not seek reelection and is slated to leave office in January. Gerald Amirault, 68, who was paroled in 2004, spent 18 years in prison after being convicted of sexually assaulting nine children at his family’s day-care center, the Fells Acres Day School in Malden. His sister, LeFave, 65, was released in 1999. Their mother, Violet Amirault, was also convicted in the case and served eight years in prison. She died of cancer in 1997 less than one year after being freed on bail while awaiting a new trial. Gerald Amirault has long maintained his innocence, and the case fell under scrutiny after some of the methods investigators used to obtain child witness testimony were discredited and abandoned. A Globe story about the controversy from 1995 noted that videotapes and transcripts of interviews conducted with the children included several instances of children denying abuse only to have the interviewer plead and cajole, at times offering gifts, for the “correct” answer. James L. Sultan, the Amiraults’ attorney, said in a statement Friday that his clients did not receive a fair trial and served time for “crimes they did not commit.” He said neither would comment while the pardon recommendations are pending before the Governor’s Council. “I want us all to be free of the stigma of this case. My wife and children have suffered right along with me,” Gerald Amirault wrote in a letter to Baker in February, adding that he had told two of his oldest grandchildren about his conviction because “many colleges and books reference my case, and we did not want to have them find out about it from anyone but us.” Former Massachusetts attorney general Thomas F. Reilly, a Democrat who successfully fought off legal challenges to Gerald Amirault‘s conviction when he was Middlesex County district attorney, said in a statement released by Baker’s office Friday that while he stood by the decisions “made at the time,” the pardons mark “a fitting end to a very troubled case.” Efforts to reach those in the Fells Acres case who said they were victims, or their relatives, were not successful Friday. Baker’s recommendations now go to the Governor’s Council, an elected body that vets judicial nominations, for approval. A member of the council, Robert Jubinville, a Milton Democrat, said he supports the pardons and believes “most of [the council] feels the same way I do.” “I’m a big fan of pardons under the right circumstances and this one is right at the top of the list,” Jubinville said. “I couldn’t be more pleased with the governor to have the courage to end this tragedy.” The entire story can be read at: --------------------------------------------------------- PASSAGE OF THE DAY: National Registry of Exonerations): "The allegation triggered one of the first in a series of investigations of child sex abuse at day care and pre-school facilities across the country in the 1980s and 1990s – a convulsion of child sex abuse hysteria driven by suggestive and coercive interviewing techniques by social workers, therapists and law enforcement." ----------------------------------------------------------------- NATIONAL REGISTRY OF EXONERATIONS ENTRY: On post-humous exoneration of Violet Amirault: By Maurice Possley; Published before June 2012: "On August 20, 1984, a five-year-old boy told his uncle that he was undressed two months earlier at the Fells Acres Day School in Malden, Massachusetts. The allegation triggered one of the first in a series of investigations of child sex abuse at day care and pre-school facilities across the country in the 1980s and 1990s – a convulsion of child sex abuse hysteria driven by suggestive and coercive interviewing techniques by social workers, therapists and law enforcement. After two weeks of questioning by relatives, the five-year-old boy told his mother he was raped by a man at Fells Acres and she filed a report with state authorities. On September 5, 1984, Gerald Amirault, 30, a cook and bus driver at the school owned by his mother, Violet Amirault, was charged with raping the child. The school was promptly shuttered and 65 parents of pupils were called to the Malden Police department for interviews. On January 23, 1985, Gerald and Violet Amirault, 59, and Amirault’s daughter, Cheryl Amirault LeFave, 27, were indicted on 18 counts of raping and indecently assaulting abusing eight children, often in secret rooms and at least once by someone dressed as a clown. On September 19, 1985, additional indictments were brought alleging the rape and sexual abuse of 11 more children. On July 20, 1986, Gerald Amirault was found guilty on all counts after an 11-week trial, the longest child sexual molestation trial in state history. Seven children testified that he took them to a “magic” or “secret” room, disrobed them and either molested them or forced them to perform sex acts with him. Some said he sometimes dressed as a “bad clown” and others said they were photographed nude. No physical evidence was presented. On August 21, 1986, Gerald Amirault was sentenced to 40 years in prison. In the summer of 1987, Violet Amirault and her daughter went on trial. Four children testified similarly—that they were taken to a “magic room” where they were sexually abused and photographed in the nude by the two women. The allegations by the children included that a robot would bite them if they refused to engage in sex, that the “bad clown” would “throw fire around the room,” and that Cheryl LeFave captured a squirrel and pulled its legs off. Other children alleged they were tied naked to trees, forced to eat human feces and attacked with knives. As before, there was no physical evidence. Defense attorneys contended that the child witnesses were coached and pressured into making the accusations. Violet Amirault and Cheryl LeFave were convicted on all counts on June 13, 1987. On July 15, 1987, both were sentenced to 20 years in prison. After their convictions were initially upheld by the Massachusetts Supreme Judicial Court, they fought for a new trial and won on August 29, 1995 because the children had testified with their backs to the defendants. In 1994, the Supreme Judicial Court had ruled that defendants had to have an “eye to eye” confrontation with their accusers. Both women were released on bail, but on March 24, 1997, the Supreme Court Judicial Court reinstated their convictions, ruling that the case required “finality.” Less than two months later, Middlesex Superior Court Judge Robert A. Barton declared that Violet and Cheryl were the victims of a “miscarriage of justice” and removed himself from the case. The judge who took over the case, Isaac A. Borenstein granted a new trial to both women on the ground that their defense attorneys did not provide constitutionally adequate representation because they failed to object to the children testifying with their backs to the defendants. In his opinion, Judge Borenstein shredded the prosecution’s case, saying the children were manipulated by “overzealous” investigators who succumbed to a “climate of panic, if not hysteria.” The children’s accounts were tainted by suggestive interviewing techniques and were coerced by investigators who refused to take a denial of abuse as an answer. The judge barred the victims from testifying in any retrial. On September 12, 1997, Violet Amirault died of cancer. On June 28, 1998, Borenstein dismissed the charges against her, posthumously. On August 18, 1999, The Supreme Judicial Court set aside Borenstein’s ruling as it applied to Cheryl LeFave. On October 21, 1999 Cheryl LeFave reached a deal with the prosecution to settle her case. She agreed not to appear on television to discuss her experiences or profit from the case. In return, prosecutors agreed that LeFave, who had been free on bond, would not have to return to prison to finish her sentence. Gerald Amirault was released from prison on parole on May 3, 2004. -------------------------------------------------------------- PUBLISHER'S NOTE: I am monitoring this case/issue/resurce. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog; SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL: https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985 FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices." Lawyer Radha Natarajan: Executive Director: New England Innocence Project; ————————————————————————————————— FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true! Christina Swarns: Executive Director: The Innocence Project; ----------------------------------------------------------- |
Saturday, November 19, 2022
Gerald Amirault and Cheryl Amirault LeFave: Massachusetts: Bulletin: Major (Welcome) Development: Governor Baker has recommended recommends pardons for the two siblings convicted in Fells Acres day-care child sexual abuse case, The Boston Globe (Reporter Matt Stout) reports..."The state Board of Pardons had recommended in 2001 that Gerald Amirault’s 40-year prison sentence be commuted, but then-acting governor Jane Swift rejected the recommendation. He was later paroled. “The investigations and prosecutions of the Amiraults in the 1980s took place without the benefit of scientific studies that have in the intervening years led to widespread adoption of investigative protocols designed to protect objectivity and reliability in the investigation of child sex-abuse cases,” Baker said in a statement Friday. Given the “absence of these protections,” he said, the Amiraults “ought to be pardoned.”
