New Trial Ordered for Women in Day Care Sex Abuse Case

A judge ruled Tuesday that two women convicted eight years ago of sexually abusing children at a suburban day care center should be granted a new trial because their child accusers were allowed to face away from them while testifying.

Judge Robert A. Barton also set a bail hearing on Thursday for Violet Amirault and her daughter, Cheryl Amirault LeFave. The women could be released while the new trial is being scheduled.

Barton’s ruling does not affect the third person convicted in the case, Violet Amirault’s son Gerald R. (Tooky) Amirault, 42. He was tried separately, and his appeal is pending.

Violet Amirault, 71, ran the Fells Acres Day School in suburban Malden, and her son and daughter worked for her.

In his ruling, issued in Lowell Superior Court, Barton said the women deserved a new trial because four children testified while facing the jury, with their backs to the Amiraults.

He said the right of defendants to confront their accusers face to face is fundamental to a fair trial.

The Middlesex County district attorney’s office said it would appeal the ruling.

Violet Amirault, the oldest woman in the state prison system, and LeFave, 37, have been eligible for parole for nearly three years but have refused to accept it because they would have to admit crimes to be released.

They are serving eight- to 20-year sentences. Gerald Amirault is serving a 30- to 40-year sentence and is not yet eligible for parole.

Violet Amirault operated the school for nearly 20 years without incident.

On Sept. 2, 1984, a mother called a child abuse hot line, claiming that her 5-year-old son showed signs of sexual abuse. Gerald Amirault was arrested three days later without being questioned. Within a week, the school was shut and police met with parents to describe things they should ask their children about.

Since then, some people have questioned whether the traumatic abuse really happened.

During the trial, one child told of being molested by a clown in a “magic room.” Some told fantastic tales of being suspended from a tree naked in front of their classmates, or of watching one of the women dismember animals.