False Memory Syndrome : 'Free Tooky'; Parole Board votes to commute sentence

The state Parole Board, in a sharply-worded decision, yesterday recommended commuting the sentence of notorious child sex abuser Gerald "Tooky" Amirault - putting the highly-charged case in the hands of acting Gov. Jane Swift.

The board, in a 5-0 vote, said in unusually strong language there was "real and substantial doubt" as to Amirault's guilt because of a lack of physical evidence.

Keeping him in prison any longer would "constitute gross unfairness," its members said, because his co-defendant and sister, Cheryl Amirault LeFave, had her sentence reduced to time served in 1999.

The recommendation to release Amirault, who was sentenced to 30- 40 years in prison in 1986 for molesting and raping eight children at his family's Fells Acres day care center, now goes to Swift, who faces her first major decision since taking office in April.
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Amirault, LeFave and their late mother, Violet, were convicted after more than 40 children told graphic stories of being fondled, tied to trees and sexually penetrated by knives. They also testified about a "bad clown" - allegedly Gerald Amirault - who tortured them in a "secret room."
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The Parole Board, appointed by the governor, ruled that Amirault was unfairly denied a chance to reduce his sentence because his lawyer missed a deadline for filing an appeal.

"In the end, this is a case of simple, fundamental fairness," the board wrote.

But the board went far beyond ruling on the fairness of Amirault's sentence, saying numerous questions have been raised about his guilt since his conviction.

"It is clearly a matter of public knowledge that, at the minimum, real and substantial doubt exists concerning (Amirault's) conviction," the board wrote.

The board added that the infamous case against the Amiraults "contained little in the way of physical evidence to corroborate in some instances extraordinary, if not bizarre allegations" against them.

Aides to Swift, who is vacationing on Cape Cod, said it could be weeks or months before her legal office reviews the decision.
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If Swift agrees to commute Amirault's sentence, the Governor's Council then must vote on the recommendation.

The board's ruling came 10 months after it held a hearing on Amirault's plea for clemency.
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The Amirault family's supporters claim the children's allegations were fabricated with the help of overzealous prosecutors. The defendants also were denied the chance to face their accusers during trial.

In its 24-page ruling, the Parole Board said the record of the case was "replete with inconsistent and conflicting judicial opinions concerning whether justice was done. Even the District Attorney has acknowledged that flawed interviewing procedures were employed in interviewing the victims."

The board also noted that a juror wrote recently expressing "doubt and regret" over the verdict, and said that Amirault "enjoys extraordinary family and community support including his wife and children who have persevered with success while maintaining contact with their father while in prison."

Through a spokesman, a "disappointed" Middlesex County District Attorney Martha Coakley said she hopes "the voices of the victims will be heard."

The board, however, noted that prosecutors did not oppose the court's decision to reduce the sentence of LaFave, who served eight years of her 8- to 20-year sentence.
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Two of the five board members who voted in favor of commutation wrote a separate opinion recommending Amirault undergo mandatory sex offender treatment if he is released. Amirault has refused sex offender treatment because he maintains his innocence.
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