Oct. 22, 2015

North Carolina isn’t the only state that has failed to mitigate – however little and late – the injustices it inflicted during the “satanic ritual abuse” era.

In Massachusetts, the Fells Acres Day Care case of 1984 resulted in the conviction and imprisonment of Violet, Gerald and Cheryl Amirault. Even more than in other such cases, the prosecution was gratuitously and unceasingly hateful. In 2002, at the urging of District Attorney Martha Coakley, Acting Gov. Jane Swift refused to sign the parole board’s unanimous recommendation of commutation. (At least voters managed not to rewardCoakley, with either a Senate seat or the governorship.)

In 2004, Gerald became the last of the three Amiraults to be released, but his parole carried numerous restrictions.

Barbara Anderson, a longtime advocate, provides this update:

“Gerald’s parole conditions became more burdensome over the years as real sex crimes were committed in the commonwealth: polygraph exams; exclusionary zones (towns he isn’t allowed to enter); a ban on leaving the state without a permit that must be voted on each time by the parole board (and then for no more than two weeks). For years his monthly GPS surveillance fee was $380; this has been dropped to $80 for parole supervision.

“The harshest provision seems to be the ankle bracelet, which keeps him from wearing shorts in the summer or ski boots in the winter, from swimming at the beach with his grandchildren. He has to keep a log of everywhere he goes outside his house.”

During last year’s gubernatorial campaign, Republican candidate Charlie Baker told Anderson that if elected he would address Amirault’s plight. Baker narrowly defeated Coakley, but so far he hasn’t followed through.

Anderson again calls on Baker “to remove the bracelet from Gerald’s ankle, to drop his curfew, to allow him to get a job and to start helping his wife earn money to pay the mortgage acquired during his defense.

“Just call the Sex Offender Board and ask to have him re-classified from Level 3 to Level 1 to ease his restrictions. Or ask them to vote to take him off parole…. Otherwise he’ll be suffering unfair indignities until 2024.

“Clearly there is no way for Massachusetts to make up for 30 years of injustice. ‘Pardon’ is the wrong word, since the Amiraults did nothing wrong, but it may be the only remedy since governments don’t usually do ‘apology.’ “

If Gov. Baker should belatedly rouse himself to unshackle Gerald Amirault, might his fellow Republican governor in North Carolina – or that governor’s would-be successor – take notice? The Edenton Seven may not suffer the continued punishment still visited on Amirault, but their lives too were forever and indelibly damaged by the state.

July 29, 2016

“Sometimes prosecutors withhold exculpatory evidence of a defendant’s innocence, and don’t turn it over until they are forced to. Take a look at the exonerations reported in recent years and you will see a pattern of prosecutors continuing to fight against our release even when our innocence is uncovered. Many innocent prisoners have been buried alive in these prisons by this kind of corruption….

“How do the culprits sleep at night? Well, to be honest, these people have no consciences. It’s like any other day at the job for them. Some have built their careers on the backs of us innocent prisoners, and now they sit in high places.

“Until the day comes when culprits responsible for wrongful convictions are held fully accountable – wrongful convictions will never stop.”

– From “When Courts Are Used As A Weapon Against The Innocent” by Lorenzo Johnson at Huffington Post (July 12)

Johnson had served 16 1/2 years of a life-without-parole sentence when in 2012 the Third Circuit Federal Court of Appeals found insufficient evidence for his conviction. He remained free for four months, after which the U.S. Supreme Court unanimously reinstated the conviction and ordered him back to a Pennsylvania prison. He continues to seek a new trial.

March 1, 2013

“Now, you can ask yourself why did the jury believe these things? How could the jury believe that, as in the Amirault (day-care ritual-abuse) case, old Mrs. Amirault, one of the most upright of citizens, had suddenly turned at the age of 67 into a child molester who raped children?

“She was accused and convicted of inserting a stick into the body orifice of a little boy, tied him to a tree stark naked in front of everyone, in front of the house in Massachusetts, and the children all attested to this, the ones that were part of the case. Now, who would believe this?…

“But if you have a prosecutor who tells the jury, ‘Here are all of these brave children. These brave children have come forward to ask that you credit their story because they have endured so much suffering, and if you don’t do this, you’re betraying the children’ — it is not easy to find a jury that is stalwart enough to say, ‘Hey, you know, this really is a pile of nonsense.’”

– From a C-SPAN “Booknotes” interview with Dorothy Rabinowitz, author of “No Crueler Tyrannies: Accusation, False Witness and Other Terrors of Our Times” (May 4, 2003).

Oct. 11, 2011

In 1989 Bob Kelly was charged with 100 counts of child molestation.

In 1992 he was convicted and sentenced to 12 consecutive life sentences.

In 1995 his conviction was overturned and he was released from Central Prison.

“It was the best six years of my life,” he says of his time behind bars, “because it set me up for the rest of my life.”

When he walked out, Kelly was a man who had determined “never to feel ashamed, because I had nothing to be ashamed of.”

Today, remarried and retired at 63, he lives in a tidy suburban house just outside Sanford.

Perhaps the anger he still feels toward those who conspired to imprison him has been compartmentalized.

His attention goes to gardening (“500 pounds of tomatoes this year”), writing and visiting inmates, carving walking sticks out of old Christmas tree trunks, playing Sudoku, hitting golf balls and reading only those Westerns in which “the good guy always wins in the end.”

And he still cooks and cans the spaghetti sauce he once served every Friday at the Little Rascals Day Care Center.

“Freedom don’t ever get old,” he says.