Gerald Amirault
Encyclopedia
Gerald A. "Tooky" Amirault (born March 1, 1954) is an American
convicted in 1986 of child sexual abuse
of eight children at the Fells Acres Day Care Center
in Malden, Massachusetts
, run by his family. He and his family deny the charges, which supporters regard as a conspicuous example of day care sex abuse hysteria. Dorothy Rabinowitz
, a member of the Editorial Board of The Wall Street Journal
, asserts that Amirault was railroaded. Rabinowitz was awarded the Pulitzer Prize
for commentary in 2001, partly for her coverage of the case. The case was also the major topic of her book about miscarriages of justice
, No Crueler Tyrannies.
Amirault and his wife Patricia, a schoolteacher whom he married in 1977, have three children: Gerrilyn, Katie, and P.J.
The Amiraults insist they were victims of the day care sex abuse hysteria that swept the US in the 1980s.
In 1995, Judge Robert Barton ordered a new trial for Violet, then 72, and Cheryl, who had been imprisoned eight years. He ordered the women released at once. Barton — known as "Black Bart" for the long sentences he gave criminals — revealed his contempt for the prosecutors.
Superior Court Judge Isaac Borenstein presided over a widely publicized hearings into the case resulting in findings that all the children's testimony was tainted. He said that "Every trick in the book had been used to get the children to say what the investigators wanted." Massachusetts Lawyers Weekly — which had until then had never in its 27 year history taken an editorial position on a case — published a scathing column directed at the prosecutors "who seemed unwilling to admit they might have sent innocent people to jail for crimes that had never occurred."
was presented. Still more newsworthy was an added statement, signed by a majority of the board, which pointed to the lack of evidence against the Amiraults, and the "extraordinary if not bizarre allegations" on which they had been convicted.
In 2002, then-Acting Governor of Massachusetts
Jane Swift refused to commute Amirault's sentence, despite a unanimous vote in favor of his release by the state's parole
board. Amirault's case had previously been upheld by the Massachusetts Supreme Judicial Court
. Martha Coakley
, then Middlesex district attorney and subsequently State Attorney General, lobbied Swift to keep him in prison and Swift denied Amirault's clemency.
on April 30, 2004, 18 years after his conviction. His sister and mother, Cheryl Amirault LeFave and Violet Amirault, were convicted of related charges in a separate trial, and both released from prison after their charges were overturned in 1995.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
convicted in 1986 of child sexual abuse
Child sexual abuse
Child sexual abuse is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include asking or pressuring a child to engage in sexual activities , indecent exposure with intent to gratify their own sexual desires or to...
of eight children at the Fells Acres Day Care Center
Fells Acres Day Care Center
Fells Acres Day Care Center was located in Malden, Massachusetts, in the United States and was part of the day care sex abuse hysteria of the 1980s. Violet Amirault opened the facility in 1966.-Accusations and investigation:...
in Malden, Massachusetts
Malden, Massachusetts
Malden is a suburban city in Middlesex County, Massachusetts, United States. The population was 59,450 at the 2010 census. In 2009 Malden was ranked as the "Best Place to Raise Your Kids" in Massachusetts by Bloomberg Businessweek Magazine.-History:...
, run by his family. He and his family deny the charges, which supporters regard as a conspicuous example of day care sex abuse hysteria. Dorothy Rabinowitz
Dorothy Rabinowitz
Dorothy Rabinowitz is a Pulitzer Prize-winning American conservative journalist and commentator. She was born in New York City, and was educated at Queens College and New York University...
, a member of the Editorial Board of The Wall Street Journal
The Wall Street Journal
The Wall Street Journal is an American English-language international daily newspaper. It is published in New York City by Dow Jones & Company, a division of News Corporation, along with the Asian and European editions of the Journal....
, asserts that Amirault was railroaded. Rabinowitz was awarded the Pulitzer Prize
Pulitzer Prize
The Pulitzer Prize is a U.S. award for achievements in newspaper and online journalism, literature and musical composition. It was established by American publisher Joseph Pulitzer and is administered by Columbia University in New York City...
for commentary in 2001, partly for her coverage of the case. The case was also the major topic of her book about miscarriages of justice
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
, No Crueler Tyrannies.
Amirault and his wife Patricia, a schoolteacher whom he married in 1977, have three children: Gerrilyn, Katie, and P.J.
Accusations
The prosecution relied heavily on testimony from young children extracted through long sessions with therapists. Dorothy Rabinowitz, of the Wall Street Journal, wrote that "[o]ther than such testimony, the prosecutors had no shred of physical or other proof that could remotely pass as evidence of abuse". Among the accusations were, as summarized by Rabinowitz from court records, AmiraultThe Amiraults insist they were victims of the day care sex abuse hysteria that swept the US in the 1980s.
In 1995, Judge Robert Barton ordered a new trial for Violet, then 72, and Cheryl, who had been imprisoned eight years. He ordered the women released at once. Barton — known as "Black Bart" for the long sentences he gave criminals — revealed his contempt for the prosecutors.
Superior Court Judge Isaac Borenstein presided over a widely publicized hearings into the case resulting in findings that all the children's testimony was tainted. He said that "Every trick in the book had been used to get the children to say what the investigators wanted." Massachusetts Lawyers Weekly — which had until then had never in its 27 year history taken an editorial position on a case — published a scathing column directed at the prosecutors "who seemed unwilling to admit they might have sent innocent people to jail for crimes that had never occurred."
Parole refused
In 2000, the Massachusetts Governor's Board of Pardons and Paroles met to consider a commutation of Amirault's sentence. After nine months of investigation, the board voted 5-0, with one abstention, to commute his sentence, although no exculpatory evidenceExculpatory evidence
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt....
was presented. Still more newsworthy was an added statement, signed by a majority of the board, which pointed to the lack of evidence against the Amiraults, and the "extraordinary if not bizarre allegations" on which they had been convicted.
In 2002, then-Acting Governor of Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
Jane Swift refused to commute Amirault's sentence, despite a unanimous vote in favor of his release by the state's parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
board. Amirault's case had previously been upheld by the Massachusetts Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
. Martha Coakley
Martha Coakley
Martha Mary Coakley is the Attorney General of the Commonwealth of Massachusetts. Prior to serving as Attorney General, she was District Attorney of Middlesex County, Massachusetts from 1999 to 2007....
, then Middlesex district attorney and subsequently State Attorney General, lobbied Swift to keep him in prison and Swift denied Amirault's clemency.
Release
Amirault was released from the Bay State Correctional CenterBay State Correctional Center
Bay State Correctional Center is a small, general population medium security facility that stands on the grounds of the original dormitory buildings of Massachusetts Correctional Institution-Norfolk. It houses both long and short term inmates and many inmates who are elderly due to the fact that...
on April 30, 2004, 18 years after his conviction. His sister and mother, Cheryl Amirault LeFave and Violet Amirault, were convicted of related charges in a separate trial, and both released from prison after their charges were overturned in 1995.
External links
- Gerald Amirault's entry at Massachusetts Sex Offender Registry
- Boston Herald articles on his case.
- Archive of Wall Street Journal articles on this case