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4/42-43) In early September, 1984, BL went to FADS after school. (EX. 56, 4/43)

Mother learned that FADS was closed and the reason for the closing in September, 1984. (Ex. 56, 4/43) Cheryl Amirault LeFave herself called Mother and informed her about the meeting at the Malden police station on September 12, 1984 and Mother attended the meeting. (Ex. 56, 4/80-81) Upon learning that FADS had closed Mother did not question BL in any way. (Ex. 56, 4/44) At the end of September, 1984, two police officers came to her house and asked Mother if she would ask BL two questions: if he had ever seen a clown or a magic room. (Ex. 56, 4/44) Having been "deputized" by the police, Mother picked BL up from school and on the drive home asked him if he had ever heard about a magic room or a clown. (Ex. 56, 4/45) BL informed Mother that she wasn't supposed to know about that. (Ex. 56, 4/45) Mother ceased the questioning of BL and took him home where the police were waiting. (Ex. 56, 4/45-46) Mother informed the police about what BL said. She then introduced BL to the police, who said "hi" to BL and then left. (Ex. 56, 4/46)

A week or two later BL acknowledged that he knew about the magic room and the clown, and Mother scheduled BL to have an interview at the police station with Detective Joe Connelly, a family friend, and Janet Fine. BL made no disclosures during that interview.

At some point in late September or early October, BL told Mother that he was made to remove his clothes behind a partition and stand under spotlights while

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pictures were taken of him. (Ex. 2A-116)

On October 11, 1984, both Janet Fine and Detective Connelly had interviewed BL "without success." (emphasis added) (Ex. 2A-116) Although BL had made no disclosures, the investigators nevertheless persisted. On October 11, 1984, a DSS worker, Karen Gaughan, interviewed BL at the YMCA where he went after-school. Mother was not present at that interview. (Ex. 56, 4/48, 77) BL knew that he was going to be interviewed at the YMCA and in fact upon seeing Gaughan stated "I know what she is here to talk about." (Ex. 2A-141) Gaughan reported that "no topic brought a look of nervousness, fear or secrecy to his face." (Ex. 2A-116) During the interview, BL was anxious to leave and play with his friends. BL had no knowledge of a magic room and said that the only thing that bothered him about FADS were the little girls who would chase him and try to kiss him. (Ex. 2A-116) Gaughan asked him if there were any secrets at FADS and BL told her that there was a "cage under the porch, one in front and one on the side." (Ex. 56, 4/48, Ex. 2A-141) BL reported that there was a "purple room" at the school where the bad kids went and were made to lie on a cot and sometimes were hit by Miss Cheryl. (Ex. 2A-142) Miss Vi hit a lot of the kids on the buttocks. (Ex. 2A-142) Gaughan asked BL about the magic room and BL asked her "what magic room?" He told her the secret room was at Miss Vi's pool. (Ex. 2A-143) When asked about pictures and clowns, BL referred only to class pictures and clowns he saw at the circus. (Ex. 2A-143) BL explicitly denied that anyone ever took his clothes off at school. After the interview,

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Gaughan spoke to Mother by telephone. At that point, Mother stated that she had not noticed any change in BL's behavior. Mother stated that she would pursue an evaluation because she did not want to learn ten or fifteen years down the road that BL had been abused. (Ex. 2A-117) At the defendant's trial, Gaughan testified that she was trained not to use leading questions, however her own report of the interview indicates that despite her training, she certainly used very leading questions with BL. (Ex. 56, 8/64)

On October 11, 1984, Gaughan made her substantiation decision based upon her interview with BL and stated that "There does not appear to be credible evidence that the child was abused at Fells Acres." (Ex. 2A-145)

Shortly after the interview at the YMCA, BL told Mother that he used to be in Vi's garage where there were big, bright lights and he would have to change his bathing suit. (Ex. 56, 4/49) In response to one of his Mother's questions, he also denied ever getting into a car with Tooky, even though Mother had seen him do so. Mother decided, notwithstanding the fact that BL had made no disclosures, to contact Children's Hospital. She was convinced at the time of this call that something had happened to BL at FADS, even though there was no evidence to support her conviction. (Ex. 2A-137) (Ex. 2A-137) BL began weekly therapy sessions at Children's Hospital, which he continued through the end of August, 1985, at which point BL began therapy at Tri-City Mental Health Center in Malden. (Ex. 2A-132; Ex. 56, 4/73) Mother was not present during any of the therapy sessions.

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(Ex. 56, 4/74) At the first session on November 1, 1984, BL made one of the several incredible claims that he would make throughout this investigation. He reported that sixteen kids from FADS had died. (Ex. 2A-121)

Later DSS reports state "Apparently crazy allegations began in November, after God knows what prodding by the psychologists." (Ex. 2A-117) An example of such "prodding" is contained in the psychologist's report from Children's Hospital dated December 12, 1984. At this session BL reported that he saw "balls of light coming at him to kill him". In an obvious effort to get him to say something about photographs, the therapist asked him if the "balls of light were like flashbulb lights". BL replied that they were - just like at the old school. (Ex. 2A-122) At a later session, the therapist reported that BL came prepared to talk about FADS, "obviously at his mother's insistence." (Ex. 2A-123) He acknowledged that kids "pulled down their pants" and worried about animals being lost, hurt or killed. (Ex. 2A-123)

After coming home from his therapy session, BL went to bed. There he told Mother's fiancé, ("Fiancé") that nothing happened to him but that he wanted to tell what happened to the other children. (Ex. 56, 4/52) He related the following to

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Fiancé while Mother listened right outside of the door: Vi would take him in the garage, pull his pants down and stick things in his bum while Tooky and Cheryl were taking pictures or standing there watching. (Ex. 56, 4/53) Cheryl would teach him how to kiss with his tongue in her mouth and her tongue in his mouth, how to suck on her neck, and touch her breasts. (Ex. 56, 4/53) Animals were killed and he was told that if he told anyone that the same thing would happen to his parents. (Ex.56, 4/53) BL said that Vi and Cheryl would punch him in the stomach and that Mother would die if he ever told. (Ex. 56, 4/57) Vi would give BL little white pills in the morning. (Ex. 56, 4/58) Mother also reported to DSS workers, but not at trial, that BL was made to have oral sex with Cheryl and Vi.

At some point during BL's conversation with Fiancé, Mother entered the room. She and Fiancé did not question BL. (Ex. 56, 4/58) BL allegedly spoke in a narrative form. (Ex. 56, 4/59)

The following day Mother contacted the police and informed them of BL's statements. BL went to the Malden Police Station for an interview and was interviewed by Detective Connelly and Maura Downs, a DSS worker. (Ex. 56, 4/59-60) He knew he was there to talk about FADS. (Ex. 2A-147) BL made allegations against Tooky, Vi, Cheryl, Miss Marie and Miss Carol. BL said that the robot told him not to tell parents anything or they would be mad. In response to leading questions, BL reported that Miss Cheryl put a stick in his bum, pulled down his pants and played with his "special part", penis. Yet in the same interview, BL stated that

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The videotape of this interview reveals the use of several improper interviewing techniques:

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1.) Miss Cheryl used to pull their hair and that Miss. Kim and Miss Robin were the "good ones."

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2.) Vi put sticks up his bum six times in her garage, and Miss Cheryl sucked on his penis in the garage when no one else was there. (Ex. 2B 157-159)

Despite this response, Kelley asked if anyone else was there, BL then contradicted himself and said that Vi was there and she took pictures. (Ex. 2B-160)

3.) "They" gave him white pills. They made him tired, so BL buried them beside the swings. (Ex. 2B-162-163)

4.) All the teachers took turns everyday tying them to the trees outside of the school while they were naked. (Ex. 2B-155) Cheryl took their clothes off. BL contradicted himself moments later when he said that no other kids were there. (Ex. 2B-166)

5.) All the teachers except Miss Kim and Miss Robin killed a bird, a squirrel and a dog with a knife. (Ex. 2B-167)

6.) Cheryl and Tooky were bad clowns. (Ex. 2B-167)

In May, 1985, BL made disclosures to his Mother about "Al.". In therapy he called the "bad guys" Cheryl, Tooky and "Al" and the "good guys" Mother, police, the judge, and the therapist. (Ex. 2A-127)

Later that month, the therapist reported that BL was "seemingly relieved that his mother had stopped questioning him about FADS." (Ex. 2A-125) In June, 1985,

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BL informed the therapist that his mother had stopped crying since he stopped talking about FADS. (Ex. 2A-129)

1.) Vi and Tooky took him to the garage where Vi stuck a stick up his bum and Cheryl put her mouth on his penis. (Ex. 56, 5/87) Tooky took pictures of him while this occurred.

2.) Cheryl threatened BL that if he told his parents that they would not like him and that they would be killed like the birds and squirrels. (Ex. 56, 5/90-91)

Behavioral Symptoms

The prosecutor's questions at trial show how BL's behavioral changes occurred after the inappropriate interviews, parental pressure and suggestive questioning began:

Q: [W]as there any change in that aspect of his behavior at some point after he

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began to talk about what happened? (Ex. 56, 4/65)

About one week after the interview at the YMCA and after he had begun to be questioned about FADS, he started having nightmares where he would scream about the bright lights bothering him and hurting him. (Ex. 56, 4/49) BL would want to sleep with Mother all of the time. Up until that point, BL had little trouble sleeping alone. (Ex. 56, 4/50)

On November 6, 1984, Mother described BL as acting babyish, crying for no reason, hyperactive, awakening with nightmares and insisting with increasing frequency that Mother sleep with him. (Ex. 2A-121) Mother reported, for the first time, that for the last six months that BL had been at FADS he would begin to cry when he was left there. (Ex. 2A-121)

At trial, Mother testified that BL also started crying more after he was first interviewed. (Ex. 56, 4/51) BL lined up little "Master of the Universe Toys" and little soldiers along the door and windows. (Ex. 56, 4/51, Ex. 2A-121) Those behaviors were first reported to BL's therapist on December 12, 1984.

At trial, Mother testified that a year after he started at FADS, BL used to kiss his mother in a sexual way by grabbing both sides of her head, pulling her face towards him and trying to stick his tongue in her mouth. (Ex. 56, 4/61)

At trial Mother testified that either after BL disclosed in January, 1985 or after the Susan Kelley interview, BL started exhibiting sexualized behavior, he started making sexual advances toward Mother and "talking dirty". (Ex. 56, 4/61) For

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example, he would pull his pants down while sitting on a chair, masturbate, ask her if she liked sucking on things, if she could kiss him and then he would stand up and turn around, slap his bum and ask Mother to kiss it. (Ex. 56, 4/63) In response to this behavior, Mother would send him to his room. This behavior lasted for approximately one to two months and stopped when Mother was hospitalized for four to five weeks in early 1985. (Ex. 56, 4/63-64)

In February, 1985 BL began acting mean towards Mother. He would tell Mother that he hated her all the time for sending him to that school.

BL had sporadic contact with his father since birth and lived with Mother and her then-fiancé during the investigation. (Ex. 2A-121) He expressed disappointment over not seeing his father on Father's Day in 1985 and was worried that Mother's

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fiancé, who felt more like a father to him than his own father, would move out. (Ex. 2A-130) Father, who was a member of the Hell's Angels, was killed in a motorcycle accident on September 21, 1985 and BL thought Father died because he made disclosures. (Ex. 56, 4/61)