Brian Martinello

Date of Birth: 1/15/80

At Fells Acres Day School: 9/82-9/94

Medical: Nothing.

Teachers: Christine Carney, Ann Marie Falzarano

I. Non-Sexual "Hurting" Allegations:

• In 9/17/84 police report, it says that B.M. "began talking non-stop, not making much sense to his mother, talking about 'dead kids.'" (Interviews, p.190)
• "Tooky hit me, and that hurt too." (Interviews, p.197)
• At the puppet show "some kids touched my body, like this (hitting inside of leg) and it hurt, It was fun, so I did it to them." (Interviews, p.196)
• Miss Vi would grab kids by the arms and dig her long fingernails into them. She threatened to scratch their faces, and once put a knife near B.M.'s face. (Interviews, p.199)
• Miss Vi scratched B.M. and "put a knife up me." (Interviews, p.203)
• Miss Vi "put her finger in my mouth and down my throat." And scratched his peepee. (Interviews, p.204)
• Miss Vi "made me eat a frog." It tasted like salad, and it was cut up while Tooky and Cheryl were present. The frog went "Quack-Quack." (Interviews, p.205)

• At trial, B.M. doesn't remember the frog story. (Vol. 31, p.93)
• In the fall of 1982, B.M. fell out of his bed and broke his collar bone while visiting his father. (Vol. 37, p.84) There was "some delay" in getting B.M. to a hospital. The admitting physician "smelled some alcohol on the father's breath." An investigation concerning the father was "unsubstantiated." (Vol. 37, pp.9,12)

• During the puppet shows "they made us kids take our pants off and hold onto each others peepees." They "they took pictures of us with the magic camera." (Interviews, p.193)
• Tooky touched my peepee for the picture "and I had to touch Tooky's peepee." (Interviews, pp.199-200)
• "Miss Cheryl took icky pictures." (Interviews, p.205) Some "bumming" (insertion of fingers into rectums) was done during this, involving him and a girl. This was at the "scary puppet show." The girls was K.B. (Interviews, pp.198-199,205)

• There was no mention of any of this to his therapist (Langfitt) during the 18 or 19 weekly sessions B.M. Underwent. (1986: vol. 25, p.31)

• B.M. Told his mother about a clown who showed him a box filled with spiders and bugs. B.M. had to kiss the clown. (Interviews, pp.188-189)
• B.M. told his mother about a puppet show that scared all the kids. "The puppets had lipstick all over their faces."
• A clown was present when B.M.'s picture was taken. This was in Tooky's room. The clown "had a real peepee." (Interviews, p.198)
• At trial he remembers talking about a clown that had red hair, red lips, reed pants, a red shirt, a red peeper, and a box filled with spiders and bugs. (Vol. 31, p.84)

• B.M. told mother that Tooky touched him in the "secret room." (Vol. 37, p.26)
• Mother said that B.M.'s only mention of Gerald Amirault ("Tooky") around 9/14/84 was that "Tooky takes the babies to the bathroom because they can't go by themselves." (Interviews, p.188)
• At one puppet show B.M. was blindfolded with a cloth, but no one did anything to him. (Interviews, p.189)
• According to the police report of 9/18/84, B.M. was asked what happens in the magic room, he replied, "No, that's too scary," but indicated that he might talk about it later. (Interviews, p.191)
• Miss Ann Marie made a "talking mistake" and "took the good kids to jail at the police office." (Interviews, p.192)
• A bad guy named Steve took B.M. to Boston in a car. The good guys' cars have antennas, while the bad guys' cars do not. (Interviews, p,194)
• Asked if people wanted to do bad things to him in Miss Vi's swimming pool, he said yes, but would not elaborate. (Interviews, p.194)
• He was in Tooky's room. It had a broken TV, a broken radio, chains, a gun, "and pictures of dead people." (Interviews, p.198)
• B.M.'s interviewers showed him photographs of the house of a local child pornography suspect. B.M. began to "describe" the inside of that house: "From the inside I see monsters." (Interviews, p.201)

• The "secret room" was "upstairs." He went there "a few times." He would climb two flights of stairs. (Vol. 31, pp.71-73)
• He went to that room "sometimes" with Miss Ann Marie and "sometimes" with Miss Cheryl. (Vol. 31, pp.75-76)

• B.M. doesn't remember a "magic room." (Vol. 31, pp.69-70)
• He forgets if he ever asked why he was being taken to the "secret room" or if he ever protested against being brought there. (Vol. 31, pp.75-76)
• At trial he doesn't remember describing to the police the insides of the other local house. He doesn't remember if there were monsters there. (Vol. 31, p.89; Vol. 36, p.22)
• He doesn't remember, at trial, talking about a bad guy named Steve who drove him to Boston. He doesn't remember seeing a man in a wicked witch costume. (Vol. 31, pp.86-87)
• B.M. doesn't remember telling police that inside the other local house "ladies wet their dresses." (Vol. 36, p.27)
• On cross, despite his earlier description of Tooky's room having a broken TV and a broken radio, B.M. says he watched Sesame Street there. (Vol. 31, p.92)

• Asked if had ever had his clothes off at Fells Acres Day School, B.M. said yes. The girls also got undressed. (Interviews, 191)
• Mother asked about the puppet shows. B.M. said that "they made us kids take our pants off and hold each other's peepees." "They" took pictures of this "with the magic camera." (Interviews, p.193)
• Using a doll, B.M. said Tooky pulled down B.M.'s pants and put his finger in B.M.'s anus. B.M. called this "bumming." (Interviews, p.197)
• At the bad puppet show, "they took everyone's clothes off." What happened after that? "I forgot that one." (Vol. 31, p.101)

• In an interview, B.M. described Miss Ann Marie as having a "peeper" between her legs. (Vol. 37, p.77)
• At trial, B.M. remembers that Miss Anne Marie had a "peeper" between her legs. (Vol. 31, p.85)
• Miss Cheryl sometimes had her clothes off. (Interviews, p.195)
• The clown "had a red peepee." (Interviews, p.195)
• He saw Miss Cheryl's "peepee – it stuck out." (Interviews, p.200)
• Looking at a drawing of a nude adult female with pubic hair, B.M. said he had seen this on Miss Vi, "The wicked witch." (Interviews, p.204)

• B.M. told his mother that "several of his classmates have touched his body and their own bodies." (Interviews, p.193)
• Following a leading question from his mother: Tooky rubbed B.M.'s peepee. Then he put his finger in B.M.'s bum. It hurts and it happened more than once. (Interviews, p.193)
• At the puppet shows "they made the kids take their pants off and held onto each other's peepees." (Interviews, p.193)
• Tooky "does bumming" to little boys and girls. B.M. said "bumming" was "bouncing" while he rolled on the floor and lifted his buttocks off the floor. (Interviews, p.194)
• There were "kids touching bodies." (Interviews, p.195)
• "A bad guy" touched B.M.'s body at the puppet show. (Interviews, p.196)
• Tooky touched B.M.'s penis and anus, and it hurt. (Interviews, p.197)
• B.M. and a girl, K.B., "touched peepees." (Interviews, pp.197,199)
• Tooky put his finger into B.M.'s anus. (Interviews, p.197)
• The clown "put his peepee near my peepee, he squeezed my peepee." (Interviews, p.195)
• "Tooky touched my peepee for the picture and I had to touch Tooky's peepee." (Interviews, pp.199-200)
• Miss Vi put Miss Cheryl's peepee, which "stuck out," in B.M.'s mouth. "Tooky put his peepee in my mouth." (Interviews, p.200)
• "Miss Vi put a knife up me." (Interviews, p.203)
• "Miss Vi said to hold bums. K.B. [a girl] had to hold another Katie's bum." (Interviews, p.204)
• Tooky does "bumming," including putting his finger into his own bum and into that of Miss Cheryl. (Interviews, p.204)
• Some "bumming" was done when pictures were taken. Who did the "bumming"? "Me and K.B." (Interviews, p.205)
• At trial, after being asked 8 times, B.M. went from not remembering to saying yes, he had to put his mouth on Tooky's peeper." (Vol. 31, pp.67-70)
• Tooky made B.M. touch Tooky's peeper. (Vol. 31, p.66)
• Responding to one of many leading questions, B.M. says "yes," Tooky touched the inside of his bum. (Vol. 31, p.66)

• B.M.'s mother recalls a conversation on 9/11/84, when she told B.M. that Fells Acres Day School had been shut down. B.M. spoke warmly about Tooky and made no accusation. (Vol. 37, p.67)
• At first, when talking to his mother, "B.M.'s only mention of Gerald Amirault was that 'Tooky takes the babies to the bathroom, because they can't go by themselves.'" (Interviews, p.188)
• During the 18 or 19 weekly therapy sessions with John Langfitt, B.M. never discussed anything about Fells Acres Day School. (Vol. 28, pp.13,33)
• Asked on direct what Tooky did to B.M.'s peeper with his hand, B.M. replied, "Nothing, just touched it." (Vol. 31, p.65)

• For the first 7 times when asked if he had to put his mouth on Tooky's penis, B.M. said "No" or "I forgot that." (Vol. 31, pp.66-70)
• He thinks he might have told Miss Ann Marie that he liked the "secret room." (Vol. 31, p.76)
• Tooky did not touch B.M.'s body with anything but his hands. He did not put his peeper into any part of B.M.'s body. (Vol. 31, p.67)
• B.M. forgets what it felt like when Tooky supposedly put his finger inside B.M.'s bum. "I forget that one." (Vol. 31, p.70)

• Mother said B.M. didn't want her to be present for the 9/17/84 official interview because he was afraid something would happen to her. (Vol. 37, p.86)
• Asked what happened in the "magic room," B.M. replied, "No, that's too scary," but indicated that he might talk later. (Interviews, p.191)
• "Tooky did touching and said scary things." (Interviews, p.192)
• B.M. described a man wearing the costume of "a wicked witch, with a mask that doesn't come off." And there was "a cranky witch." (Interviews, p.196)
• "All the kids are scared of Miss Vi" because she is "a wicked witch, and there is a forest next to the school with monsters and witches in it." (Interviews, pp.199,204)
• Miss Vi scared B.M. with her long fingernails and "scratched me." (Interviews, p.203)

• In the 18 or 19 weekly therapy sessions with John Langfitt there is no report about B.M. being a child who was terrified at Fells Acres Day School. (Vol. 28, pp.3-33)
• At trial he does not remember a man with a wicked witch costume. (Vol. 31, p.87)
• At trial there is no testimony by B.M. about any threats having been made in order to silence him. (Vol. 31, Vol. 36)

• One of the teachers at Fells Acres Day School recalled that B.M. and other children sometimes placed their hands on one another and tried to remove one another's clothing. (Vol. 48, p.83)
• B.M.'s mother often came to Fells Acres Day School during school hours to pick him up. (Christine Carney, teacher: Vol. 46, p.91)
• In the 9/18/84 interview, replete with leading questions, and using 4 anatomical dolls, the interviewers "told B.M. that we knew he was scared of something at the school, and we were there to protect him and his mommy." He stated, "I can protect myself." (Interviews, p.191)
• Police officer Steven Healy testified that he and Maura Downs of D.S.S. interviewed B.M. at home, with his mother present, on 7 occasions. (Vol. 42, pp.88-89)
• On one occasion P.O. Healy gave B.M. a police badge. (Vol. 42, pp.111-112)