PS. Barbara just did an interview for WBZ AM-1030, and is
scheduled to be on New England Cable News this evening. Jon Keller of TV-56 tentatively plans to interview her here
later this morning for "The Ten O'Clock News" tonight. She also may be on the Braude & Eagan radio program this
afternoon (WTKK FM-96.9) ... and the media calls keep coming in.
Acting Governor Jane Swift has denied child molester Gerald
"Tooky" Amirault's request for a commutation, concluding that
his conviction in the notorious 1986 Fells Acres Day Care case was justified and his sentence appropriate, her spokesman said
last night.
Press secretary James Borghesani said Swift will announce
today that she has rejected the state Parole Board's unanimous recommendation that Amirault be released after serving 16
years of his 30- to 40-year sentence.
The decision means Amirault will remain in jail until at
least 2004. Swift reached her decision after an eight-month examination
of the case by her legal staff, in which more than 30 people were interviewed, police transcripts reviewed, and Amirault's
sentence compared with those given to people convicted of similar crimes.
"The review concluded that the sentence is appropriate and
in line with others," said Borghesani. "Also, courts, including the state Supreme Court twice, have upheld the
conviction. Legally, his guilt and innocence was not an issue. But nothing
there in the record shows that an injustice was done here."
In addition, her aides said, Swift did not think Amirault
attempted to rehabilitate himself during his years of incarceration, one of the issues used in determining parole or
commutations. Her decision will reignite a debate that has raged since Amirault was
convicted in 1986 for molesting nine children under his care at his family's Malden day care
center. His sister, Cheryl Amirault LeFave, and his late mother, Violet
Amirault, were convicted in a separate trial.
Victims, their families, and prosecutors in the case have
steadfastly maintained that Amirault had molested children under his care in the 1980s.
Katie Amirault, 21, one of Amirault's children, said the
family learned about Swift's decision late yesterday and had not had time to discuss it. She told the Associated Press that
the family may have more to say later.
Amirault's wife, Patti Amirault of Malden, declined comment.
She said the family plans a news conference with family lawyer James Sultan tomorrow.
"It's definitely a shock," she said. "My emotions are all
flying now."
But Amirault's incarceration has drawn equally vocal
passion, both in Massachusetts and around the country, from those who believe he was the victim of a national hysteria over
day care molestation allegations. They say that the children in the Fells Acres case were
inappropriately coached in their testimony.
"I simply don't believe it," said Barbara
Anderson, a
well-known antitax activist and friend of Gerald Amirault. "I cannot imagine they're doing something so incredibly wrong.
Gerry Amirault is innocent. Not only did he not commit the crimes he was charged with, but there
weren't any crimes. Anybody with half a brain who put any thought into this would
know he is innocent. Even if there was a crime, he certainly has been punished more than anybody
else would have been in similar circumstances."
Swift met with victims and Amirault family members. Boston
attorney Leonard Lewin, Swift's former chief legal counsel, and her legal staff also looked at other sentences given in similar
circumstances, concluding he was not treated more harshly.
With Swift's decision, the move to give Amirault early
freedom dies. But he is eligible to apply in March 2004 for parole. His chances to win freedom should improve, considering
the board's recommendation for commutation to the governor. Parole is decided by the
board alone.
The board, in a surprise decision last July, unanimously
recommended that Amirault be released, claiming he had shown "clear and convincing evidence" that his further
imprisonment would constitute "gross unfairness."
The report, by a board that has a reputation for being tough
on pardons and commutations, weighed heavily in Amirault's favor.
Swift's role in a commutation process is to approve the
board's decision and forward it to the Governor's Council for a vote.
"The buck just stopped," said one Swift aide. "This is the
end of the line. Half the people will be happy, half will be crazy. It is a no-win decision for her."
Amirault's mother and his sister received 8-to-20-year
sentences for their convictions on similar child rape and abuse charges at the Malden day care center the family operated. They
were released after serving eight years.
Swift made her decision as allegations of child molestation
among the Catholic clergy emerge almost daily in the Boston media. But aides insisted she kept an open mind on the case and
was not swayed by politics.
But Amirault supporters believe there was a connection.
"So this could not possibly be a decision of conscience,"
Anderson said. "It could only be a political decision, and it's a wrong political decision. I can't think of any conceivable
reason she would do this."
Return to top
The Boston Herald
Wednesday, February 20, 2002
Swift won't free Tooky
by David R. Guarino and Elisabeth J. Beardsley
Convicted child molester Gerald "Tooky" Amirault lost his
best shot at freedom yesterday, denied commutation of his sentence by acting Gov. Jane M. Swift in another stunning turn
to the roller coaster abuse case.
Swift rejected the unanimous July Parole Board recommendation that there was "real and
substantial doubt" of Amirault's guilt.
Taking sides in a highly charged case as she drops in
election-year polls, Swift said Amirault should be jailed at least until he's up for parole in 2004 on his 30- to 40-year
sentence.
"She carefully analyzed every bit of information generated
through the investigation and came to her decision that the verdict was just and the sentence was appropriate," said Swift
spokesman James Borghesani.
The Republican governor is preparing for a sharp backlash
when she announces the decision today but, aides admit, she feared more the response if she released a convicted molester
as priest pedophilia cases rock the Archdiocese of Boston.
In a move certain to add fuel to the fire, Swift aides said
she used the case of serial molesting church worker Christopher Reardon as a guide in her decision.
One of Amirault's children, Katie, 21, said: "It's definitely a shock. My emotions are all flying
now."
But victims rejoiced last night, praising the acting
governor for standing up to the Parole Board and claiming vindication after years of doubts about the case.
"All along, they've always told the truth," said Harriet
Dell'Anno of Lynn, whose daughter, Jamie, remains in therapy over the incidents.
Barbara Standke of Tewksbury, whose son, Brian
Martinello, was molested when he was 4, said, "He may be doing 20 years,
but my son's doing life."
Amirault, his sister, Cheryl LeFave, and their mother,
Violet, were convicted after a parade of children told horror stories about being fondled, raped and tied to trees, some
claiming to have been penetrated by knives.
They called Gerald Amirault a "bad clown" who tortured them
in his "secret room" at the Fells Acres day care center in Malden.
Amirault, convicted in 1986, has served 15 years of the 30-
to 40-year sentence on eight counts of child rape and seven counts of indecent assault and battery on a child.
LeFave and Violet Amirault were freed in 1995 after an
appeals court ruled that the methods used by prosecutors and investigators were suggestive to the impressionable child
witnesses.
Through their release and his mother's death in 1997,
Amirault has maintained his innocence - refusing to admit guilt even when lighter sentences were suggested.
Appeals courts refused pleas by Gerald Amirault but the
Parole Board was swayed, writing in unusually strong language that keeping him jailed would "constitute gross unfairness."
Swift's former legal counsel, Leonard Lewin, reviewed the
case for six months and met with more than 35 people, Borghesani said. With all the charges and time served, the
aides said, Amirault was handed two to three years per victim - which Swift considers "fair and
appropriate."
Though Swift met with the family and Amirault victims, aides
said her decision was based solely on the specifics of the case and others with similar circumstances. "She fully realizes
that there were super-charged emotions on both sides ... but her decision had to be based on
the information," Borghesani said.
Several top administration officials pointed to the Reardon
case as the governor's guide.
Reardon, a youth worker at St. Agnes Catholic Church in
Middleton, was arrested in 2000 and eventually pleaded guilty to molesting 24 boys. He was sentenced to 40 years in prison
but, because of more rigorous "truth in sentencing" guidelines adopted in the 1990s, will
serve at least 32 years.
"She looked at the structure of his sentence, compared it to
sentences of people convicted of similar crimes and concluded that it is an appropriate sentence," Borghesani said. Asked for
examples, he offered only Reardon.
Two members of the Parole Board declined comment last night.
The Amirault family has scheduled a noon press conference today.
The sudden decision rocked Amirault's victims, leaving some
too stunned to speak to reporters and others clapping. Standke said she started clapping when she saw the
announcement on a TV newscast but burst into tears when she saw photos of victims -
including her son - flash on the screen.
"The reality is it all comes back ... it hurts all over
again," she said.
The acting governor toiled over the decision, but not for
political reasons, aides insisted. "There's going to be reaction, of course, but she's prepared to deal with it," a
senior administration official said.
Return to top
Associated Press
Wednesday, February 20, 2002
BOSTON (AP) Gerald "Tooky" Amirault, having served nearly 16
years for his role in one of the most sensational mass child-abuse cases of the 1980s, won't be getting out of jail
soon.
Acting Gov. Jane M. Swift rejected the recommendation of the
state parole board and decided not to commute Amirault's sentence. She plans to make an official announcement on
Wednesday.
Swift made her decision after weighing both sides, her
spokesman Jim Borghesani said Tuesday night.
"She considered this at great length," Borghesani said.
Amirault, serving a 30- to 40-year sentence, requested the
commutation in April 2000. In September, he appeared at a parole board hearing and declared his innocence. The parole
board recommended by a 5-0 vote to commute his sentence on July 6.
Amirault was convicted in 1986 of molesting and raping eight
children at the family run day care center in Malden. His sister, Cheryl Amirault LeFave, and his late mother, Violet
Amirault, were convicted in a separate trial.
Katie Amirault, 21, one of Amirault's children, said the
family learned of the decision late on Tuesday.
"It's definitely a shock," she said. "My emotions are all
flying now."
Swift's legal staff interviewed more than 35 people on both
sides of the case and decided that the original sentence of two to three years for the assaults against each of the eight
children was fair, Borghesani said. Swift faces re-election in the fall.
Barbara Standke said she was pleased with Swift's decision.
Standke said her son, Brian Martinello, 22, came home from the day care center with sores on his genitals, and wearing
other people's underwear.
"I'm happy (Swift) decided to do this. I'm grateful. I
wasn't sure how she was going to go," said Standke, 47, of Tewksbury. "It brought back memories that upset me, but I'm
happy. He's where he should be."
The case came to symbolize changing attitudes toward the
mass prosecution of child sex abuse cases.
LeFave and Violet Amirault were freed in 1995 on appeal
after claiming they were denied the right to confront their child accusers. Violet died in 1997, nearly two years before
the Supreme Judicial Court reinstated her conviction.
In 1998, Superior Court Judge Isaac Borenstein ordered a new
trial for LeFave, saying new research showed prosecutors' suggestive and leading interview techniques made it impossible
to tell if the children, by now teen-agers, were telling the truth.
The children had testified that Violet slaughtered bluebirds, cut the leg off a squirrel and tied a
naked boy to a tree in front of the school while all the teachers and children
watched. That evidence was never corroborated.
After several more appeals, LeFave was released permanently
in 1999 when the state did not oppose a motion to have her sentence reduced.
The Amiraults said they were victims of sex abuse hysteria
that swept the country in the 1980s and questionable testimony from child witnesses.
A number of mass child abuse convictions have been overturned, the Little Rascals day care
center in Edenton, N.C., and the McMartin Preschool in Los Angeles being among the
most notorious.
A juror in the case wrote to the parole board in April,
saying he was convinced Gerald Amirault was innocent.
After the parole board recommended Tooky Amirault's
commutation, the victims, now adults, identified themselves and stood by their testimony.
"This family raped me, molested me and totally ruined my
life," said Jennifer Bennett, who was 3 1/2 years old when she started at Fells Acres.
The families of the eight children who testified in the
child abuse cases and eight who did not were awarded a total of $20 million in civil settlements, it was reported in 1997.
The parole board was not allowed to revisit the question of
Amirault's guilt, but only considered whether he has improved himself in prison and whether his sentence was unfair.
"It must be acknowledged, however, that it is clearly a
matter of public knowledge that, at the minimum, real and substantial doubt exists concerning petitioner's conviction,"
the board wrote.
Since 1990, the Parole Board has recommended 13 inmates for
commutation. Of those, seven were granted pardons.
The last commutation came in 1997 when Weld pardoned Joseph
Salvati, who spent 30 years in prison for a gangland murder. Salvati has since been cleared after the Justice
Department turned over documents showing the FBI withheld information that
could have ruled him out as a suspect.
Return to top
