State government made an honest mistake in the 1980s when it got caught up in the national
hysteria over alleged sexual assaults in day care centers.
But there is nothing honest about its self-serving continued insistence that the
Amiraults are guilty when it has to know by now that they are not.
Fifteen years ago, Violet, Cheryl and Gerald Amirault of the Fells Acre Day School
in Malden were accused of child molestation. I believed it too, in 1984: Somehow a mother
and her two grown children, who had been running their day care center for 14 years
without incident, became perverts overnight. There were clowns in secret rooms, elephant
games, satanic rituals, pornography and naked kids tied to trees.
If I read the news closely enough I may have noticed that there were no adult
witnesses and no physical evidence, but prosecutors seemed convinced that this didn't
matter, and how could the children make it all up?
There's evil in the world, for sure, and I guessed that this was just one more
bizarre example of it. I was wrong.
I was ignorant of the techniques used by social workers to question small
children, and only vaguely aware of the trendy hysteria sweeping the nation like a
communicable disease. I was naive enough to think that prosecutors were giving the
defendants a fair chance to prove they were innocent, as our court system requires.
Over the years, I learned more about the case. I saw tapes showing the children
telling the truth -- that no one had touched them, until they finally changed their
stories to the prompted lies. I read new scientific evidence about how children can be
brainwashed by the wrong techniques. I found out about the school insurance money that the
alleged victims' parents received, and marveled that no other parents whose kids had
attended Fells Acre talked their kids into repressed memories to get their share.
Finally, I watched the political advancement of the successful prosecutors: Scott
Harshbarger, Tom Reilly, and Martha Coakley.
There's injustice in the world, for sure, but this is not just one more example
because by the `90s the day care scare had become too bizarre to be sustained anywhere
else. Across the nation, similar convictions were set aside as society outgrew its
hysteria. But here, state government clung stubbornly to its original, emotional decision.
The Amiraults' refused to admit guilt in order to be paroled. This is why they are
often compared to the victims of the Salem witch trials, who died because they would not
deny their innocence.
Gerald is still in prison, and Violet and Cheryl were released in 1995 when they
were granted a new trial by a Superior Court judge.
Last week, the Supreme Judicial Court overruled him, and Cheryl must go back to
jail; Violet died two years ago. The SJC was very defensive about widespread criticism of
an earlier decision in which it denied a new trial because of a need for
"finality" in this case. In its
Aug. 18 ruling, the SJC wrote: "The forceful, one might say
enthusiastic, endorsement of an interest in finality and the application of waiver in
Commonwealth v. Amirault ... apparently struck some as a radical and unwelcome departure
from precedent. In fact, the Amirault opinion made no significant change in our treatment
of post-appeal motions for a new trial. It articulated society's justified interest in
finality that has long been implicit, and sometimes explicit, in our announcements that
any late-arriving issue will prevail only if the issue presents a substantial risk of a
miscarriage of justice."
So all the justices believe that there is no "substantial risk of a
miscarriage of justice" here. What lack of evidence? What scientific evidence of
brainwashing?
There were clowns and elephants everywhere, hanging naked from the trees while
Gerald took photos that no one has ever seen because Cheryl hexed them away!
The political system, for some reason, has circled the wagons around this case.
The Amirault attorney has three options: He can appeal to real judges in the federal
courts, he can begin working toward a "pardon" from the governor, or he can
throw Cheryl in Salem Harbor. According to longstanding Massachusetts judicial tradition,
if she sinks, she's innocent.
Despite the weight of their appalling indifference to justice, the prosecutors and
the SJC would float. When a mistake becomes a persecution, it takes on the appearance of
genuine evil, and we all know there is evil in the world, for sure.
Barbara Anderson is executive director of Citizens for Limited
Taxation. Her syndicated columns appear in the Salem Evening News, the Lowell Sun,
the Tinytown Gazette and MediaNews Group newspapers around the state.
Read
Dorothy Rabinowitz's column in the Wall Street Journal