Baker withdraws controversial petition to pardon 2 in 1980's Fells Acres sex abuse case

BOSTON - Massachusetts Governor Charlie Baker has withdrawn his recommended pardons of two people at the center of one the nation's most high-profile sex abuse trials of the 1980s.

Gerald "Tooky" Amirault, his sister Cheryl Amirault LeFave and their late mother, Violet, were convicted in 1986 and 1987 of abusing young children at their Fells Acres Day Care in Malden.

Baker had said he had "grave doubt" about the strength of the evidence in the convictions. He said the investigation of the Amiraults occurred 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."

The Governor's Council must approve the pardon requests, but after a public hearing Tuesday, there were apparently not enough votes to grant the pardon.

"Following yesterday's hearing, it is apparent that there are not sufficient votes from the Governor's Council to support a pardon for the Amiraults. Therefore, the Governor is withdrawing his pardon petition," Baker's press secretary Terry MacCormack said in a statement Wednesday. 

Amirault and his sister did not appear at Tuesday's hearing at the State House.

James Sultan, who represents the Amiraults, said they were "extremely disappointed" in the governor's decision and that they wanted the council to vote.

"Cheryl, Gerald and their entire family have suffered grievously over the past four decades as the result of false accusations that were obtained through the improper, coercive, and suggestive manipulation of young children. They did not get fair trials. They have suffered enough. They should be pardoned," Sultan said in a statement Wednesday.

"This was their last chance to obtain some peace, some justice, and some closure as they live out their lives. Sadly, the rug has been pulled out from under them one final time. How sad, and how cruel."

On Tuesday, Sultan compared the Fells Acres case to the Salem Witch Trials, saying his clients were the subject of a wave of hysteria.

Sultan said the children who testified against the Amiraults were subjected to what he called "blatant manipulation" by investigators. He said the investigative techniques used at the time would never be allowed now.

"This is a textbook example" of how not to conduct such an investigation, Sultan said.

"We were in the dark ages back in the 1980s about how to question children in a non-suggestive way," he added.

The young children talked about being led into a "secret room," tied to trees naked and that Gerald Amirault abused them while dressed as a clown, Sultan said.

The Amiraults have long argued that they were victims of a sex abuse hysteria that swept the country in the 1980s and questionable testimony from child witnesses.

Gerald Amirault served 18 years in prison, was released, and wears an ankle bracelet to monitor his movements. He remains on the state's sex offender registry.

LeFave received an eight- to 20-year sentence, but was released in 1995, having served 8 1/2 years. Violet Amirault was also released in 1995. She died of cancer two years later.

Laurence Hardoon, who helped prosecute the Fells Acres case, said he fears that if the Amiraults win a pardon, children in future cases of sexual abuse may not be listened to.

"It will cast a pall over other children who will not be believed," he said. "It will be used that way."

Hardoon said the arguments being made in defense of the Amiraults now were the same that were made at trial in the 1980s.

He also rejected the argument that parents and those investigating the case implanted false memories in children at the day care center.

"Frankly it's patently absurd. No parent would do that," he said. "The interviews of the children that took place was always done at home in low key surroundings. Parents were there."

Gerald Amirault's wife Patty described her husband as a "good-to-the-core" man who was the victim of false accusations which changed their lives in an instant. She said they have been married 45 years and have three children.

"My husband would never hurt another being, let alone a child," she said. "Those kids at that school were our kids. We raised them. We would never hurt them."