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Summary

A.

I. Photography:

1. Children who said pictures were taken of naked children or of sexual activities: 7 out of 10: Brian Martinello, J.R., B.L., M.T., Jennifer Bennett, J.O., and K.M. 2. Children who did not see this: 3 out of 10: M.C., Phaedra Hopkins, and S.W. 3. Children whose statements about this were contradictory: 5 out of 10: M.T., Jennifer Bennett, J.O., K.M., and B.L. II. Clowns: 1. Children who did not see clowns doing bad things: 4 out of 10: M.C., B.L., Phaedra Hopkins, and K.M. 2. Children contradictory statements about this: 5 out of 10: M.T., Jennifer Bennett, J.O., J.R., and S.W. 3. Made "clown" allegations without contradicting himself: 1 out of 10: Brian Martinello. III. Forced Nudity: 1. Children who said they were forced to undress: 3 out of 10: M.C., M.T. and Brian Martinello. 2. Children who did not mention this: 2 out of 10: Phaedra Hopkins and S.W. 3. Children who made contradictory statements about this: 5 out of 10: J.O., B.L, K.M., J.R., and Jennifer Bennett. IV. Nude Adults at Fells Acres Day School: 1. Children who said they saw this: 2 out of 10: J.O. and Brian Martinello 2. Children who made no mention of this: 2 out of 10: B.L. and S.W. 3. Children whose statements about this were contradictory: 6 out of 10: M.C., M.T., Phaedra Hopkins, K.M., Jennifer Bennett, and J.R. V. Threats to Induce Silence: 1. Children who said they were threatened as a warning not to disclose what was allegedly going on: 3 out of 10: M.T., B.L. and S.W. 2. Children whose statements about this were contradictory: 3 out of 10: M.C., Jennifer Bennett, and J.R. 3. Children who did not say they were given threatening warnings. 4 out of 10: J.O., Phaedra Hopkins, Brian Martinello, and K.M. V. Sexual Activities at Fells Acres Day School: All but one of the 10 children gave contradictory statements about this topic. The one exception was S.W., who alleged sadistic anal penetration with a butcher knife and scissors, as well as being kissed on the face by Miss Cheryl "long and hard." (Grand Jury, 1/16/85, pp.117-118; 1986: Vol. 33, p.61)   1. Allegations of oral sex: 6 out of 10: M.C., Brian Martinello, K.M., and J.R. 2. Allegations of digital insertion: 4 out of 10: M.C., Brian Martinello, K.M., and J.R. 3. Allegations of penis insertion in the pelvic area: 4 out of 10: M.C., Jennifer Bennett, J.R. and Phaedra Hopkins. 4. Insertions of objects into pelvic orifices: 7 out of 10 Children.   M.T.: A thermometer, a magic wand and a nail.   Jennifer Bennett: A thermometer and pencils.   J.O.: A thermometer and a key.   B.L.: Sticks.   Phaedra Hopkins: A fork handle.   Brian Martinello: a knife.   S.W.: A knife and scissors. VII. Accusing people other than the Amiraults of being accomplices or unhelpful bystanders: 6 out of 10 did this.   M.T.: "Al" and Miss Angel.   Jennifer Bennett: A bad clown names "Shasha" and a policeman who watched.   B.L.: "All the teachers: except Miss Kim; also Miss Marie and Miss Carol   Brian Martinello: A bad guy named Steve.   J.R.: Miss JoAnne and Miss Anne Marie.   S.W.: "Mr. Gatt" and a robot. Medical Information: 1. There was nothing of any medical importance for 5 of the 10 children: M.C., B.L., Brian Martinello, K.M., and J.R. K.M. and J.R. are females.   2. One child had a small labial adhesion (Phaedra Hopkins) at the bottom of the labia. (1986: Vol. 35, p.123) Dr. Emans examined her on December 13, 1984: "The small labial adhesion and history of vulvitis could result from abuse or from nonspecific vulvar inflammation." (Interviews, p.103)   3. Three children had normal manifestations of vulvitis:  
M.T.: 1986: Vol. 35, pp.127-128

Jennifer Bennett: 1986: Vol. 35, pp.101,111-112.

J.O.: 1987: Vol. 5, pp.39-41
 

 4. Two children had hymeneal bumps:  
Jennifer Bennett: 1986: Vol. 35, pp.101,111-112

S.W.: 1986, Vol. 35, pp.35-36
 

 5. S.W. had a small scar near the anus. The court ordered stricken Dr. Emans' testimony that the scar could have been caused by Tooky's insertion of a butcher knife into S.W.'s anus. (See Vol. 35, p.133; Vol.40, pp.6-7 in the 1986 trial).   B.

I. Categories of Allegations that Include Contradictory Statements.
 
  Non-Sexual "Hurting" Photography Clowns Existence of "Magic" and "Secret" Rooms
M.C. X Did not see Did not see  
M.T.   X X X
Jennifer Bennett   X X X
J.O.   X X X
B.L.   X Did not see X
Phaedra Hopkins No allegations Did not see Did not see No mention
Brian Martinello       X
K.M. No allegations X Did not see  
J.R.     X  
S.W.   Did not see X  

 
  Forced Nudity Nude Adults Sexual Activities Threats
M.C.   X X X
M.T.   X X  
Jennifer Bennett X X X X
J.O. X   X No Allegations
B.L. X No Allegations X  
Phaedra Hopkins No Mention X X No Allegations
Brian Martinello     X No Allegations
K.M. X X X No Allegations
J.R. X X X X
S.W. No Allegations No Allegations    

II. Categories of Allegations in Which There Were No Contradictory Statements
 
  Non-Sexual "Hurting" Photography Clowns Existence of "Magic" and "Secret" Rooms
M.C.   Did not see. Did not see X
M.T. X      
Jennifer Bennett X      
J.O. X      
B.L. X   Did not see  
Phaedra Hopkins No Allegations Did not see   No Mention
Brian Martinello X X X  
K.M. No Allegations   Did not see X
J.R. X X   X
S.W. X Did not see   X

 
  Forced Nudity Nude Adults Sexual Activities Threats
M.C. X      
M.T. X     X
Jennifer Bennett        
J.O.   X   No Allegations
B.L.   No Allegations   X
Phaedra Hopkins No Mention     No Allegations
Brian Martinello   X   No Allegations
K.M. X     No Allegations
J.R.        
S.W. No Mention No Allegations X* X

*S.W.'s allegations about sexual activity were about her claim that Tooky had penetrated her anus with a scissors and with a knife that was 12 inches long and 3-4 inches wide. (Vol. 33, p.98)

Prosecutor Hardoon's statement on the March 23, 1999 Court TV program to the effect that defense counsel "made up" the allegations by S.W. that Tooky penetrated her anus is belied by the following:

1. At trial, S.W.'s mother said that S.W. told her that Tooky put a knife into her rectum. (Vol. 33, pp.140-142)   2. At trial, S.W. testified that Tooky bit her on the arm and "stuck a knife in my bum." (Vol. 33, pp.61-62)   3. S.W. indicated at trial that the knife Tooky used when inserting it into her bum was 12 inches long and 3-4 inches wide. (Vol. 33, p.98)   4. At trial, S.W. said that at one point the knife got stuck in her bum. She couldn't get it out. She screamed and Miss Anne Marie heard her. Tooky explained that the knife was stuck in S.W. (Vol. 33, pp.94-95). None of the children heard her scream when the knife got stuck in her bum. But Miss Ann Marie and Miss Lisa warned Tooky, "Don't do it again." (Vol. 33, pp.95-97).   5. Susan Kelley said at the grand jury that she could not recall any "sexual" allegations by S.W. other than the insertion of a knife and scissors into S.W,'s rectum.   6.The Commonwealth's medical expert, Dr. Jean Emans, offered a theory as to why a scar on S.W.'s vagina might have been caused by the insertion of a knife into S.W.'s rectum. She asserted that "my opinion is that because of the proximity between the anus and the vagina, that an object being inserted in that area could touch the hymen on the way to trying to find the anus." (Vol. 35, p.133). The court ordered this testimony stricken. (Vol. 40, pp.6-7)
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