Contents-- Judge Borenstein's decision

12 Jun 98

On 12 June 1998, Judge Isaac Borenstein of Middlesex Superior Court issued an order granting Cheryl Amirault LeFave a new trial in the notorious Fells Acres day-care ritual abuse case.

The transcript of Judge Borenstein's spoken remarks (12 Jun 98) (about 4 pages long) provides an excellent overview of his 140-page written opinion.

Actual text of the 140-page opinion

Pages 1-64 were scanned from a photocopy.
Pages 65-128 are courtesy of the Social Law Library (Boston MA), who posted an authoritative (electronic) copy at this site:
Their homepage is at
I manually added the footnotes, which were not at the Social Law site on 1 Jul 98.

Page numbers refer to Judge Borenstein's 140-page manuscript. Photocopies are available for $70 at Middlesex Superior Court in East Cambridge MA.

Most of the words in the outline below were taken directly from Judge Borenstein's manuscript. Part of it was compiled courtesy of Edward J. Collins, Esq. Additions are in square brackets [].


para # and title, page #

Introduction, p. 1

I. Procedural History, p. 3

II. Summary of Finding and Rulings, p. 4

III. Findings of Fact, p. 8


IV. New Trial Based Upon Newly Discovered Evidence Standard, p. 95

V. The Newly Discovered Evidence Meets the Evidentiary Standards for Admission of Expert Testimony, p. 104

VI. [NJ] State v. Michaels Provides a Relevant Framework for This Court's Decision, p. 108

VII. The Defendant Has Not Waived Her Rights, Nor Are Her Claims Moot, p. 128
VIII. Under a Totality of All the Circumstances, the Defendant is Also Entitled to a New Trial, p. 138

IX. Order [for a New Trial],p. 140

Return to Bob Chatelle's Fells Acres report (most up-to-date coverage)

Return to HSC listing of Fells Acres articles.

Return to HSC's 1997 report on Fells Acres and the Boston Press

Return to HSC home page