Bernard Baran
Encyclopedia
Bernard F. Baran, Jr. was the first day care worker to be convicted in the day care sex abuse hysteria of the 1980s and 1990s that was spawned by the McMartin preschool trial
. Unlike other day care cases, the Baran case garnered little national press coverage. The Baran case spanned almost 25 years from his arrest in October 1984 until all charges were dropped in June 2009. Baran maintained his innocence throughout his case, making him ineligible for parole. Baran was accused, tried and convicted within a three-month period and sentenced to three life sentences in January 1985. In 2009, the Massachusetts Appeals Court vacated the convictions, deeming the case "notorious," and citing the behavior of the original prosecutor as "troubling." Along with its importance as the first successful conviction, the Baran case is notable amongst the day-care cases for the level of homophobia
present in the court record of the prosecution. The Baran case is the subject of the documentary film Freeing Bernie Baran
.
, the county seat of Berkshire County
in Western Massachusetts
. Shortly before his employment, social workers placed a four-year old boy at ECDC due to the child’s home environment. Eventually the child ended up in the classroom where Baran worked. In September 1984 the Fells Acres Day Care Center preschool case broke and made news across Massachusetts. Shortly thereafter, the parents of the boy complained to the board of directors of ECDC that they “didn’t want no homo” working with their child. The Board of Directors held a meeting on September 12, 1984 to specifically discuss Baran’s homosexuality
and the possibility of terminating his employment because of it. Baran retained his job after being questioned about his homosexuality by his superiors.
of a child and five counts of indecent assault and battery
. His conviction held up on appeal in 1986. The law firm that handled his appeal eventually destroyed his defense case file.
, ineffective assistance of counsel, and the use of suggestive interviewing techniques with the children. The motion rested in June 2005.
In 2010, Baran’s lawyers began the process of suing multiple parties in civil court on his behalf.
McMartin preschool trial
The McMartin preschool trial was a day care sexual abuse case of the 1980s. Members of the McMartin family, who operated a preschool in California, were charged with numerous acts of sexual abuse of children in their care. Accusations were made in 1983. Arrests and the pretrial investigation ran...
. Unlike other day care cases, the Baran case garnered little national press coverage. The Baran case spanned almost 25 years from his arrest in October 1984 until all charges were dropped in June 2009. Baran maintained his innocence throughout his case, making him ineligible for parole. Baran was accused, tried and convicted within a three-month period and sentenced to three life sentences in January 1985. In 2009, the Massachusetts Appeals Court vacated the convictions, deeming the case "notorious," and citing the behavior of the original prosecutor as "troubling." Along with its importance as the first successful conviction, the Baran case is notable amongst the day-care cases for the level of homophobia
Homophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
present in the court record of the prosecution. The Baran case is the subject of the documentary film Freeing Bernie Baran
Freeing Bernie Baran
Freeing Bernie Baran is an independent documentary feature film produced by Daniel Alexander and Tom Opferman. The film chronicles the 25 year span from 1984 to 2009 in the criminal court case of “The Commonwealth of Massachusetts versus Bernard F...
.
Background
Bernard Baran took a job as a teacher’s aide in 1983 at the Early Childhood Development Center (ECDC) in his hometown of PittsfieldPittsfield, Massachusetts
Pittsfield is the largest city and the county seat of Berkshire County, Massachusetts, United States. It is the principal city of the Pittsfield, Massachusetts Metropolitan Statistical Area which encompasses all of Berkshire County. Its area code is 413. Its ZIP code is 01201...
, the county seat of Berkshire County
Berkshire County, Massachusetts
Berkshire County is a non-governmental county located on the western edge of the U.S. state of Massachusetts. As of the 2010 census, the population was 131,219. Its largest city and traditional county seat is Pittsfield...
in Western Massachusetts
Western Massachusetts
Western Massachusetts is a loosely defined geographical region of the U.S. state of Massachusetts which contains the Berkshires, the Pioneer Valley, and some or all of the Swift River Valley. The region is always considered to include Berkshire, Franklin, Hampshire, and Hampden counties, and the...
. Shortly before his employment, social workers placed a four-year old boy at ECDC due to the child’s home environment. Eventually the child ended up in the classroom where Baran worked. In September 1984 the Fells Acres Day Care Center preschool case broke and made news across Massachusetts. Shortly thereafter, the parents of the boy complained to the board of directors of ECDC that they “didn’t want no homo” working with their child. The Board of Directors held a meeting on September 12, 1984 to specifically discuss Baran’s homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
and the possibility of terminating his employment because of it. Baran retained his job after being questioned about his homosexuality by his superiors.
First allegation
On October 1, 1984, the parents of the boy in question removed him from ECDC in protest of Baran’s continued employment. The parents were drug addicts and police informants. On October 5, 1985 they called their connection at the Pittsfield police department drug control unit. They alleged that Bernard Baran molested their son at ECDC that day, three days after they had removed the child from the day care. The following day the police began an investigation at ECDC and validated this claim of sexual abuse.Hysteria
Word of the first allegation broke shortly after the investigation began. Within days the day care center had sponsored a puppet show to facilitate other children’s ability to talk about abuse. The day care also notified all the parents that a child at the day care had gonorrhea. After multiple children were interviewed with anatomically correct dolls at both of ECDC’s locations, one where Baran worked and one where he did not, Baran was indicted on 3 counts of rape and 5 counts of indecent assault on November 5, 1984.Trial
Baran’s case went from arrest to trial in 105 days, convening in court on January 23, 1985, receiving significant local media attention. The court room was closed to the public and the press during the children’s testimony without any hearing in to the necessity for closing the court, which Baran claimed violated his 6th Amendment right to a public trial. Baran was positioned in the court room so that he could not even hear the testimony of the children. On January 30, 1985 he received three life sentences for three counts of rapeRape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
of a child and five counts of indecent assault and battery
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
. His conviction held up on appeal in 1986. The law firm that handled his appeal eventually destroyed his defense case file.
Motion for new trial
In 1999 a new legal team took Baran’s case. In a series of hearings from 1999 to 2005, the original defense file was recreated from the contents of the civil suits filed against ECDC after the Baran conviction. The motion for a new trial contained over 300 flawed items in the original trial, including prosecutorial misconductProsecutorial misconduct
In jurisprudence, prosecutorial misconduct is a procedural defense; via which, a defendant may argue that they should not be held criminally liable for actions which may have broken the law, because the prosecution acted in an "inappropriate" or "unfair" manner. Such arguments may involve...
, ineffective assistance of counsel, and the use of suggestive interviewing techniques with the children. The motion rested in June 2005.
Release and freedom
Baran was granted a new trial in 2006. The Berkshire County District Attorney’s office appealed the granting of a new trial in 2008. In 2009 the Massachusetts Appeals Court affirmed the 2006 ruling and set aside the 1984 convictions. One month later, charges were dropped and Baran’s record was expunged.In 2010, Baran’s lawyers began the process of suing multiple parties in civil court on his behalf.