A man convicted on the testimony of preschoolers who contended he dressed as a "bad clown" and molested them has been denied a new trial - even though his mother and sister won appeals on similar charges.
Gerald "Tooky" Amirault was convicted in 1986 of molesting children ages 2 to 4 at his family's Fells Acres Day School. The 42-year-old man has served nine years of a 30-year to 40-year sentence.On Wednesday, Judge Elizabeth Dolan rejected Amirault's appeal, saying his contention that he was denied the right to face his nine young accusers "does not square with the facts."
Amirault's mother, Violet Amirault, and sister, Cheryl Amirault LeFave, were convicted in 1987 in a separate trial, but another judge overturned their convictions in August, saying the children were allowed to testify with their backs to them. The women have been freed from prison.
Dolan rejected that argument in Amirault's case, saying that the children were seated at an angle, not with their backs turned. She said the defendant could see his accusers' faces in profile and that they turned to identify him in court.
The Amiraults have maintained that the children's testimony was coerced by parents and social workers during a period of national hysteria over child sexual abuse.
District Attorney Thomas Reilly said he will wait for the appeals process to end before he decides whether to retry the women.
Gerald Amirault, speaking to reporters at the Plymouth County House of Correction, said he was not surprised by the decision.
"You're talking about my trial judge ruling against herself," he said. "My lawyers had told me all along she wouldn't rule against herself."