Judge Borenstein's decision-- Introduction

12 Jun 98

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COMMONWEALTH OF MASSACHUSETTS

MIDDLESEX, ss.

SUPERIOR COURT
CRIMINAL ACTION Nos.85-63;
85-64; 85-66; 85-67; 85-2678;
85-2679; 85-2680


COMMONWEALTH OF MASSACHUSETTS


vs.


CHERYL AMIRAULT LeFAVE

//Note 1//

FINDINGS OF FACT, RULINGS OF LAW, AND ORDER ON DEFENDANT'S MOTION FOR A NEW TRIAL


This case comes before the court on defendant, Cheryl Amirault LeFave's, motion for a new trial pursuant to Massachusetts Rule of Criminal Procedure 30(b). The defendant contends that she is entitled to a new trial on the grounds that newly discovered scientific evidence proves that there is a substantial risk that the evidence used to convict her in this case, namely the testimony of child witnesses, was unreliable, depriving her of due process rights under Article XII of the Massachusetts Declaration of Rights and the Fifth and Fourteenth Amendments to the United States Constitution.

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Despite the long history of this case, the issues raised in this motion have never been fully considered by a justice of the Superior Court, until now. The claims made in the motion and the nature of the newly discovered evidence required this Court to conduct a complete review of the entire record. //Note 2//

This opinion is divided in the following manner. Section 1 (p. 3) contains the procedural history; Section II (p. 4) sets forth a summary of my findings and rulings; in Section III (p. 8) the Court sets out its findings of fact; Section IV (p. 95) contains the New Trial and Newly Discovered Evidence Standards; Section V (p. 104) explains how the newly discovered evidence is admissible; in Section VI (p. 108) the Court explains the relevance of the New Jersey Supreme Court decision in State v. Michaels; Section VII (p. 128) explains the Court's ruling that the defendant's claims in this motion are not waived nor moot; Section VIII contains the Court's conclusion that under a totality of all the circumstances the defendant is also entitled to a new trial (p. 138); the Court's Order is found in Section IX (p. 140).

For the following reasons, the defendant's motion is allowed.

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