The Honorable
Mitt Romney, Governor
Office of the Governor, Room 360
Massachusetts State House
Boston, MA 02133
Dear Governor Romney:
I am writing to ask that you immediately grant Gerald
Amirault a full pardon for his wrongful conviction for crimes that never
occurred. Anything less will only compound the grotesque injustice that
an innocent family has already endured for over seventeen years and mean
that Massachusetts learned nothing from the Salem witch trials.
As you are aware:
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The entire investigation stemmed from an original incident
in which he changed the diapers of a child who had wet himself at the day
care center. He was helping one of the teachers. The police never interviewed
him before filing charges.
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There is no credible evidence that any children were ever
abused at the Fells Acre Day Care center.
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His conviction was based solely on the coerced statements
of a small number of the children there who had been subjected to repeated
interrogations using leading questions, techniques that an appeals court
judge has since ruled "forever tainted" their testimony and that would
cause the evidence to be excluded were the case retried today.
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For some of the accusing children, there is documentary proof
that the children repeatedly, unambiguously denied that they'd ever been
abused in any way, only changing their testimony after repeated leading
questioning.
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The claims of those children who made accusations included
wild, fantastic, contradictory, and clearly untruthful claims such as having
been tied to trees and sexually abused by robots and lobsters, and that
one child was stabbed with a 12 inch butcher knife. (This could not be
done without leaving a wound or scar, which wasn't present.)
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The accusing children also accused most of the other teachers
at the center of witnessing and/or participating in abuse, yet the other
teachers were never charged.
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The claims of the accusing children were contradicted by
the testimony of ALL of the adults at the day care center and the statements
of other children as well.
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His original legal counsel has acknowledged that he seriously
erred in the original trial by failing to challenge the unconstitutional
manner in which the accusing children were deposed at trial.
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Dorothy Rabinowitz, the Pulitzer Prize-winning writer for
the Wall Street Journal, has written that "three entirely innocent lives
have been shattered."
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One of the jurors who originally convicted Amirault has now
said that he erred and that Amirault is innocent.
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Your state parole board recommended 5 to 0 in favor of commutation
of his sentence, noting that there is "real and substantial doubt" about
his guilt.
For more information, see the web page http://www.religioustolerance.org/ra_fells.htm
online. It is true that the children at Fells Acre were victims. Not of
the Amiraults, but of well-meaning but poorly-trained investigators and
social workers who unwittingly led vulnerable, suggestible children to
develop false memories of imaginary abuse, and of prosecutors who continued
to pursue a case they should have abandoned for lack of evidence.
A pardon by the governor is the last chance at justice
for a wrongly convicted person. It is your moral and statutory duty to
intervene for justice where the legal system has failed. Act now. There
is no excuse for delay.
Sincerely,