M.C.

At Fells Acres Day School: 3/84-6/84

Teacher: Ann Marie Falzarano

Medical: Nothing

Testified only at 1986 trial of Gerald Amirault.

I. Non-Sexual "Hurting" Allegations:

• After over 5 months of questioning by mother about possible sexual abuse at Fells Acres Day School (FADS), M.C. on 9/2/84 told mother that Gerald Amirault ("Tooky") would blindfold him and force him to lie on a bed during naptime. (Interviews, p.68) He scratched Tooky's face. (Vol. 15, pp.83-84)
• When asked by therapist Kosolof who hurt him the most, M.C. said, "when Tooky touched me." (Interviews, p.89)
• Tooky touched M.C.'s bum and chest. (Pre-Trial Reports, p.101)
• M.C. told the grand jury that he had to urinate in a cup and drink it in front of the teachers. At trial, his mother said she didn't recall this allegation. (Vol. 15, p.86)

• M.C says at trial that no one at Fells Acres Day School forced him to drink anything at Fells Acres Day School. (Vol. 14, pp.122-123)
• Tooky never hurt M.C. (Interviews, p.68)
• Tooky touched M.C. only with "just plain hands." (Pre-Trial Reports, p.140)
• He doesn't remember if Tooky ever hurt him. (Vol. 14, pp.123-124)

• Pictures were taken of the children when they were in Miss Vi's swimming pool. (Pre-Trial Reports, p.107)
• There was a big camera in the "secret room," but nobody was making it work. (Vol. 14, pp.98-99)

• M.C. never saw a clown at Fells Acres Day School (Pre-Trial Reports, p.89)

• M.C. told Donna Laspina of DSS that Tooky grabbed him from the nap room, blindfolded him, and then took him to the "secret room." (Grand Jury: December 27, 1984, pp.9-10)
• M.C. told mother that the "secret room" had golden trophies and a bed. (Vol. 15, pp.83-84)
• Mother doesn't remember whether or not she introduced the term "secret room" when questioning M.C. (Vol. 15, pp.87,91)
• Tooky grabbed M.C. out of the nap room and brought him to 2 houses, one brown and one white, Each one had either the "magic room" or the "secret room." (Vol. 14, pp.89-90). His teachers were "out of the room" when Tooky grabbed him. (Id., p.90)
• When Tooky brought him back, M.C.'s teachers were still out of the room. Nobody asked him where he had been, and he didn't say. (Id. pp.100-101)
• When Tooky grabbed M.C. from the nap room, he drove M.C. around in his car for "a long time." (Vol. 14, pp.116-117)

• M.C. doesn't remember telling his mother that the "secret room" was at Fells Acres Day School, and one of the bad rooms was upstairs and the other bad room was downstairs. (Vol. 14, pp.117-118)
• At trial, M.C. says that Tooky brought him to the "secret room" and "magic room" one time. He doesn't remember telling his mother that Tooky did this every day. (Vol. 14, p.120)
• M.C. remembers telling his mother that while the naptime children "were mostly sleeping" and his teachers (Miss Ann Marie and Miss Becky) were out of the room, Tooky came in and grabbed him. He "kicked and screamed and scratched," but he was screaming in a "quiet" way. (Vol. 14, p.122)

• M.C. told his uncle in August, 1984 that Tooky had pulled down M.C.'s pants. (Interviews, pp.65-66)
• When M.C. and Tooky were alone in the "secret room" Tooky took off M.C.'s pants. (Vol. 14, p.91)

• M.C. did not see Tooky's penis or bumbum. (Pre-Trial Reports, p.95)
• M.C. never saw Tooky without his pants on. (Pre-Trial Reports, p.130)
• He never saw any man's penis at Fells Acres Day School. (Pre-Trial Reports, p.135)
• At trial, on cross, he says he does not remember seeing Tooky with his clothes off, or seeing Tooky's "dinky." (Vol. 14, pp.124-125)
• M.C. remembers telling Susan Kelley that he never saw Tooky's bum. (Vol. 14, p.125)

• On September 2, 1984 after over 5 months of anxious but fruitless questioning by his mother about possible sexual abuse, M.C. told his mother that (1) he had to lick food off Tooky's penis, (2) Tooky put his penis up M.C.'s bumbum, and (3) Tooky put his mouth on M.C.'s penis. (Vol. 15, pp.83-84)
• At trial M.C. said that Tooky touched and rubbed M.C.'s penis and put it in his mouth. (Vol. 14, pp.94-95). Tooky put his penis in M.C.'s bum and M.C. had to "taste" the food on Tooky's penis. (Id., pp.97-98)
• While making circles on body parts of nude drawings, M.C. told Donna Lapsina of DSS that Tooky "had fondled his (M.C.'s) penis as well as kissed and rubbed his bum." (Lapsina at grand jury, December 27, 1984, p.12)

• M.C. denied, to Ms. Lapsina of DSS, that he touched Tooky's body. (Interviews, p.65)
• M.C. didn't see Tooky's penis or bum. (Pre-Trial Reports, p.95)
• Tooky's finger did not go inside M.C.'s bum. (Pre-Trial Reports, p.137)
• Tooky did not kiss M.C., and M.C. did not put his mouth on Tooky's penis. (Pre-Trial Reports, pp.138,145)
• At trial, on direct and prior to being shown anatomical dolls, M.C. says he doesn't remember what Tooky did to him after removing M.C.'s clothes. (Vol. 14, p.94)
• M.C. doesn't remember it Tooky made him do anything to Tooky's penis, or if Tooky did anything to M.C.'s penis. (Vol. 14, p.96)
• M.C. doesn't remember, on direct, whether Tooky really did the things M.C. just before said Tooky did. (Id., p.100)
• On cross, M.C. says he does not remember ever seeing Tooky with his clothes off, and he never saw Tooky's "dinky." (Vol. 14, p.125)
• On cross, M.C. does not remember if Tooky ever put his mouth on M.C.'s "dinky." He remembers telling Susan Kelley that he did not remember this. (Vol. 14, p.126).

• In the September 4, 1984 DSS report by Donna Laspina, she says that M.C. "stated that he could never tell anybody about this incident because he was fearful that Tooky would hurt him." (Interviews, p.69) This was the first official interview with M.C., and M.C., when questioned about "digital penetration and oral sex," denied that these things had taken place. "M.C. denied touching Tooky's body and denied that Tooky had ever hurt him." (Interviews, p.68; emphasis added).

• M.C. told Susan Kelley that he was not afraid of Tooky. (Pre-Trial Reports, pp.130,132).
• At trial, on cross, M.C. says that Tooky did not scare him. (Vol. 14, pp. 123-124).

• Gerald's Amirault's daughter, Katie, was in the same classroom with M.C. M.C.'s teacher testified that nothing was amiss about M.C. at Fells Acres Day School (Vol. 47, pp.86-108; Vol. 48, p.7).
• In August, 1984, M.C.'s uncle, who had been sexually molested as a boy, overheard M.C. saying that "Tooky" had pulled down M.C.'s pants. According to the DSS report of Donna Laspina, M.C. had nothing more to say, despite "considerable time" spent by the mother to get more information about this. Not until 9/2/84. (Interviews, p.66)
• For the first time, on May 6, 1986, the day before he testified, M.C.'s uncle told prosecutor Hardoon that M.C. had told him something else in August of 1984: that Tooky had put his mouth on M.C.'s penis. (Vol. 16, pp.111-112)