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.

May 6, 2013

When last we left Junior Chandler, his former appellate defender, Mark Montgomery, had asked North Carolina Prisoner Legal Services to look into the case.

But NCPLS requires the prisoner himself to request help, and that hasn’t happened. “Like a lot of the old-timers, Junior does not think they (NCPLS) are worth much,” Montgomery says. “There was a big shake up there a few years ago, and they are now very aggressive and as effective as anybody in post-conviction cases. I am going to encourage Junior (again) to ask for their help….”

Meanwhile, he has pitched Junior’s case to Christine Mumma at the N.C. Center on Actual Innocence.

Here’s the essential “evidence of actual innocence” that Montgomery offered Mumma:

“Lathern Hensley (a.k.a. Buddy Norton) was one of the adult mentally retarded riders on Junior’s bus. He and another woman testified that Junior did stuff, and they helped. They each got probation-only plea deals. I found Hensley, but his guardian wouldn’t let me talk with him. The Actual Innocence folks (with powers granted by the state) could insist on talking with Hensley. I think he would say that he was pressured into lying on the stand.”

This is just the latest long shot in overturning Junior’s wrongful conviction, and even if the Center on Actual Innocence agrees to take the case, the process is anything but swift. As the Center’s website cautions, “We counsel patience to inmates and their families during the investigative phase as the process of gathering additional documentation; identifying, locating and interviewing witnesses; and completing many other investigative tasks can take several years.”

Jan. 4, 2013

“Psychologist Jean Piaget reported that his earliest memory was of his nurse defending him against a potential kidnapper at age two. He distinctly recalled sitting frightened in the baby carriage while the nurse fought off the man (incurring a scratch on her face in the process), and the police officer chasing away the kidnapper with his short white baton. Piaget was even able to describe the officer’s uniform in detail. His family, relieved that the nurse had prevented his kidnapping, rewarded her with a gold watch.

“Thirteen years later, the nurse returned the gold watch to the family accompanied by a letter confessing that she had made up the story because she wanted to raise the family’s opinion of her.

“Piaget used this false memory to emphasize the role of others’ influences on one’s memories. He noted that the nurse frequently had recounted the story in his presence, and others then had repeated the story in his hearing, thus creating the memories he had adopted as his own.

“Piaget noted that even in his old age those memories persisted as clear events, even though he knew them to be false.”

– From “The Encyclopedia of the Brain and Brain Disorders” by Carol Turkington and Joseph Harris (2009)

Given this phenomenon of memory, it’s hardly surprising that no child-witness against the Edenton Seven has stepped forward to publicly recant.

Jan. 14, 2016

“Researchers announced this week they have confirmed the plot (in Salem, Mass.) where 19 people accused of witchcraft were hanged in a wave of hysteria that swept this seaside city in 1692.

“Salem plans to mark the ignominious spot, Mayor Kimberley Driscoll said: ‘This is part of our history, and this is an opportunity for us to be honest about what took place.’

“Neither of two previous plans for a memorial there (in 1892 and 1936) went anywhere. Emerson ‘Tad’ Baker, a Salem State University professor who helped pinpoint the location, said the desire by some to forget the witch trials was probably to blame.

– From “Researchers pinpoint site of Salem witch hangings” by Laura Crimaldi in the Boston Globe (Jan. 13)

In Edenton, the “desire by some to forget” still dominates, but should it ever weaken…..