This issue is probably unfamiliar to most here. It concerns one of the most extreme, bizarre and enduring miscarriages of justice in the history of this country, easily rivaling Sacco/Vanzetti and the Scottsboro boys.
Today's Boston Globe reports, "Acting Governor Jane Swift yesterday said she decided to deny Gerald Amirault's request for commutation in the notorious 1986 Fells Acres Day Care case because there was no 'overwhelming' evidence of innocence..."
This is just the latest tragedy in an incredibly long series of such tragedies dating back to the mid-1980's when the Amirault family was arrested on multiple counts of child abuse at the family-run Fells Acres Day Care Center in Malden, MA. Their arrest was just one of a series that took place across the America of the 1980s, which suddenly and inexplicably became obsessed with the possibility of ritual child abuse. Innocent day care workers were tried and convicted for child abuse that never happened. Gradually over the years each and every one's conviction was in some way overturned, all except Gerald Amirault's.
The child interview methods used in the case, and indeed in all the the cases that actually went to trial, have long since been discredited. It turns out that if you pressure children with leading questions they'll admit to all things possible and impossible. As in the other cases across the country, the children testified not only to forms of abuse that were possible, such as touching, being stripped naked and rape, but also to impossible events such as having knives inserted in their anuses and vaginas, and to scatalogical incidents that while interesting to 4 year olds would hold no appeal for adults. No physical evidence was ever uncovered. This bears repeating:
No physical evidence ever came to light.
The ludicrousness of the charges served as a foundation from which to build appeals in other jurisdictions that as the hysteria died down finally allowed convictions to be overturned. Alone in the country stands the Massachussetts judicial system, apparently more preoccupied with denying the possibility of their own judicial error than with justice.
Gerald's sister and mother were also convicted. After many years in jail they were eventually released on appeal, but the state challenged the appeal. Gerald's mother died before the appeal took its course, and his sister's sentence was changed to time served.
Parole for the Amirault family was always contingent, in part, upon admission of guilt and acceptance of responsibility, something they have all steadfastly refused to do. Gerald Amirault is eligible for parole again in two years. I doubt he'll admit his guilt then, either.
All the common people can do to help Gerald's cause is to let as many people know about it as you can, and if you wish to send money to the Gerald Amirault defense fund.
There are Amirault websites around I'm sure, just do a search. Here's a Boston Globe article from last year that provides a good summary:
State panel votes to free Amirault (This is from July, 2001, so obviously the panel's advice wasn't followed)
And here's a link to a list of Boston Globe articles on the subject:
Boston Globe articles about Gerald Amirault
--Percy
PS - It's tough to let go of this issue. I should be working, but then I wondered if the WSJ, which after developments often features articles on the case, usually by Dorothy Rabinowitz, had an article today, and they do:
UnSwift Justice
[This message has been edited by Percipient, 02-21-2002]
™ Version 4.2