:McMartin Preschool
(Manhattan Beach, CA; 1986)
Background: In August 1983, Ray Buckey, a teacher at the preschool founded by his
grandmother, Virginia McMartin, was accused of sexually abusing a 2-year-old boy. Buckey was released due to lack of evidence, and police wrote
letters to notify 200 parents of children who attended the school of the
allegation. Upon questioning from their parents and therapists, the children
accused not only Ray, but his sister Peggy Ann, and other teachers of sexual
abuse. The children also described bizarre satanic rituals in which the
McMartins mutilated animals in hidden underground tunnels beneath the school.
In 1984, Ray was rearrested, along with his sister, Peggy Ann, his mother, Peggy, an
administrator at the school, his grandmother Virginia, and three other
teachers.
Outcome: Charges were dropped against Virginia, Peggy Ann and the other teachers in 1986
because of a lack of evidence.
In April 1987, the trial of Ray and his mother Peggy began. It was to be the
longest and most expensive criminal trial in U.S. history. Taped interviews of
the children's testimony were shown to the jury. The trial ended in April 1989
with acquittals on some of the charges against Ray and a deadlocked jury on
others. Peggy was acquitted on all counts. After the trial, members of the jury
said that the videotapes of the children's testimony had prevented them from
finding a guilty verdict, because although they thought the children might have
been abused, they felt the children had been subjected to such suggestive
interviewing, they could not discern what really had happened.
In 1990, Ray was tried a second time and the jury deadlocked on all counts. The
prosecutors decided not to retry the case. By the time the case was over, Ray
had spent five years in jail and his mother Peggy had spent two.
:Fells Acres
(Malden, MA; 1984)
Background: In 1984, a 5-year old boy told his uncle that Gerald Amirault, a
handy man and bus driver at the Fells Acres day care center run by his mother,
had touched his private parts. The boy's mother contacted state officials and
Gerald was arrested several days later. A meeting was held between parents and
state investigators, where the parents were encouraged to question their
children about abuse at Fells Acres and to be persistent if the children
initially did not disclose anything. Some children made allegations similar to
the first boy's. The children also told stories which included being abused by
a clown or robot in a "magic room" at the day care, and being forced to watch
animals being killed. One girl claimed Gerald had penetrated her anus with a
twelve-inch knife.
Gerald Amirault was charged with molesting 19 children, and his mother Violet
Amirault and his sister Cheryl LeFave were charged with abusing 10 children.
Outcome: In 1986, Gerald Amirault was convicted and sentenced to 30 to 40 years in
prison. The following year, Violet and Cheryl were convicted in a separate
trial and each was sentenced to 8 to 20 years in prison. At both trials the
children testified in an unprecedented seating arrangement, in which they sat
directly in front of the jury with their backs to the defendants.
In 1995, after serving eight years in prison, Violet and Cheryl were freed on a
successful appeal, claiming they did not receive a fair trial because they were
denied the right to confront their accusers. Violet died in 1997.
In 1998, a judge ordered a new trial for Cheryl based on questions over whether
the children's testimony had been tainted by suggestive questioning by
prosecutors. However, in August 1999, Cheryl's conviction was reinstated by the
Massachusetts State Supreme Court, which ruled that the questions over the
children's testimony had been resolved at the original trial. In October 1999,
based on the agreement of the prosecution and defense, a judge sentenced Cheryl
to the time she had already served and she was permanently released.
Citing prosecutorial procedures that have since been discredited and a lack of
physical evidence, the Massachusetts Parole Board unanimously recommended the
commutation of Gerald Amirault's conviction in a 5-0 vote in July 2001. After
an eight-month review, Massachusetts Acting Governor Jane Swift rejected the
parole board's decision in February 2002. At a news conference, Swift said that
there was no "overwhelming evidence" that contradicted the original conviction,
and noted that the Massachusetts Supreme Court had twice upheld Amirault's
conviction.
:Wee Care Nursery School
(Maplewood, NJ; 1988)
Background: While being examined at a doctor's office in April 1985, a nurse took the
temperature of a 4-year-old boy with a rectal thermometer and the boy
remarked, "That's what my teacher does to me at nap time at school." Suspecting
abuse, the nurse reported her suspicions to authorities. After a two-month
investigation in which police and social workers interviewed other children at
the Wee Care Nursery School, and heard allegations of Kelly's forcing the
children to lick peanut butter off her genitals and penetrating their rectums
and vaginas with knives and forks, they concluded that 23-year old teacher
Kelly Michaels had abused 51 students in her care.
Outcome: After an 11-month trial, Michaels was convicted in August 1988 of 115 counts of
sexual abuse and sentenced to 47 years in prison. The children testified by
closed-circuit television at the trial.
After serving five years in prison, Michaels was released upon a successful
appeal in 1993. The following year, the New Jersey State Supreme Court upheld
the appellate court's decision and declared that "the interviews of the
children were highly improper and utilized coercive and unduly suggestive
methods." Prosecutors ultimately decided not to retry the case, and the charges
were dropped.
In 1996, Michaels filed a malicious prosecution lawsuit against prosecutors and
state officials, arguing that they had violated her constitutional rights by
persuading the children to give false testimony in her case. In January 2001,
the U.S. Supreme Court declined to hear her case under a federal civil rights
statute; however Justice Clarence Thomas dissented, noting that the court's
decision "leaves victims of egregious prosecutorial misconduct without a
remedy." Michaels' lawsuit was remanded to Superior Court in New Jersey to seek
damages under state law, and has yet to go to trial. Michaels is seeking $10
million in damages, although she has said that she would settle for an
apology.
:Little Rascals Day Care Center
(Edenton, NC; 1989)
Background: In April 1989, Bob Kelly, who owned the Little Rascals Day Care Center with his
wife Betsey, was arrested and charged with child sexual abuse. Betsey was
arrested the following September, and five more arrests followed: Scott
Privott, the owner of a local video store and friend of Bob Kelly; Shelley
Stone, who taught four and five-year-olds at the day care; Dawn Wilson, a
single mother who was the cook at the day care; Robin Byrum, who taught three
and four-year-olds at the day care; and finally Darlene Bunch, who had no
connection to the day care. (Her ex-husband, a police officer, had accused her
boyfriend of molesting their young son and had won custody of the son. Then,
apparently, the police showed her picture to some of the Little Rascals
children, who identified her as a woman who took pictures of the abuse at the
day care center.)
Outcome: Although the defense wanted to try all seven defendants at the same time, the
court ordered that each be tried separately. Bob Kelly was first, and at his
nine-month trial, 12 children testified not only about the sexual abuse
charges, but also said babies had been killed at the daycare, children had
been taken out on boats and thrown overboard, and children had been taken to
outer space in a hot air balloon. After a three-week deliberation, the jury
found Kelly guilty of 99 out of 100 counts, and he was sentenced to 12
consecutive life terms in prison.
Dawn Wilson was the next to go to court. She turned down two plea bargains
offered by the prosecution before her trial began. At trial, four children
testified against Wilson, and she was convicted and sentenced to life in
prison.
In January 1994, Betsey Kelly, who had already spent two years in prison,
accepted a plea of "no contest," and a sentence of seven years in prison. She
served one more year in prison before being released.
Six months after Betsey's release, the Appellate Court of North Carolina
overturned the convictions of Bob Kelly and Dawn Wilson, saying that they did
not receive a fair trial because of a series of legal errors by the
prosecution. On May 23, 1997, the prosecution dropped all charges related to
the Little Rascals case against the two. [Bob Kelly was indicted in April 1996
on a separate charge of sexual abuse against a 9-year-old girl who did not
attend Little Rascals; prosecutors declined to pursue those charges in
September 1999.]
Charges were eventually dropped against Shelly Stone, Darlene Harris and Robin
Byrum. Byrum had spent one year in prison. After serving over three years in
jail, Scott Privott had his bond reduced from $1 million to $50,000, and he was
released. After a year of freedom, Scott Privott was offered a "no contest"
plea which, he told FRONTLINE, he reluctantly accepted.
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