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Bernard Baran
Bernard F. Baran, Jr. (May 25, 1965 – September 1, 2014) was 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.〔Pollitt, Katha. 2000-02-03. “(Justice for Bernard Baran )” The Nation. “The case didn't get much publicity outside the Berkshires, but it nonetheless has a place in history: Bernard Baran was the first person convicted in the wave of daycare-sex-abuse and satanic-ritual-abuse trials that swept the country in the mid-eighties."〕 The Baran case spanned almost 25 years from his arrest in October 1984 until all charges were dropped in June 2009.〔"(D.A. Capeless decides not to continue prosecuting Baran. )" 2009-06-09. The Berkshire County District Attorney's Office.〕 Baran maintained his innocence throughout his case, making him ineligible for parole.〔Berman, Dori; Lock, Carrie; Rainey, Richard; Taub, Lindsay. 2006-07-12. "(The Catch-22 of Maintaining Innocence in Prison )" The Boston Phoenix. "Baran fit the classic profile of an easy target. He was small, gay, effeminate, and a convicted pedophile — and he swore his innocence. His survival depended on negating these attributes as best he could. Ironically, the easiest one to change would have been his stance of innocence, the one he clung to the hardest."〕〔Pollitt, Katha. 2000-02-03. “(Justice for Bernard Baran )” The Nation."Baran has maintained his innocence through his imprisonment, 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,"〔Commonwealth versus Bernard F. Baran, Jr. Massachusetts Appeals Court Docket 07-P-1096. 2009-05-15. Introduction. "Trial by jury in this notorious case followed within three months; Baran was convicted on January 30, 1985, of three counts of rape of a child and five counts of indecent assault and battery.(1) He was sentenced to concurrent life sentences for each of the rape convictions and to concurrent eight- to ten-year sentences on each of the indecent assault and battery convictions, the latter to be served concurrently with the life sentences."〕 and citing the behavior of the original prosecutor as "troubling."〔Commonwealth versus Bernard F. Baran, Jr. Massachusetts Appeals Court Docket 07-P-1096. 2009-05-15. Page 17 C.Other Issues. 2. Prosecutorial misconduct. The motion judge did not address the defendant's contention that prosecutorial misconduct independently warranted a new trial, see Commonwealth v. Smith, 387 Mass. at 912, and made few findings relevant to the issue. In his motion, the defendant had called attention to prosecutorial vouching for government witnesses, improper closing argument, the failure to disclose significant exculpatory evidence in the government's possession, and intentionally presenting false and misleading evidence to the grand jury. Notwithstanding the absence of findings, the record provides support for certain of these contentions, as we have already noted in our discussion of vouching and improper argument. The record is less clear on the remaining points, though nonetheless troubling in certain respects.〕 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.〔Superior Court Criminal Action No. 18042-51. The Commonwealth of Massachusetts versus Bernard F. Baran, Jr. Memorandum of Decision and Order on Defendant’s Motion For A New Trial. 2006-06-21. Ineffective Assistance of Counsel, page 32. “The defendant claims that he was deprived of the effective assistance of trial counsel in many ways, such as by his failure to properly investigate the alleged offenses, his failure to seek meaningful discovery from the Commonwealth and any assistance from experts in child psychology, failed to properly prepare for trial, failed to develop evidence that would support the defense that the evidence was unreliable and was the creature of an unfair climate of hysteria, homophobia and suggestion.”〕 The Baran case is the subject of the documentary film ''Freeing Bernie Baran''.
==Background==
Bernard Baran took a job as a teacher’s aide in 1983 at the Early Childhood Development Center (ECDC) in his hometown of Pittsfield, 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.〔“(Video helps clear convict of abuse after 21 years. )” 2009-08-09. Associated Press / MSNBC. "His case had followed a tortured path — the first complaint came from a drug-addicted couple, acting as narcotics informants, who told their police connection they "didn't want no homo" watching their son."〕 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.〔Superior Court Criminal Action No. 18042-51. The Commonwealth of Massachusetts versus Bernard F. Baran, Jr. Memorandum of Decision and Order on Defendant’s Motion For A New Trial. 2006-06-21. Background, page 6. "In 1984, Bernard Baran worked at the Early Childhood Development Center (“ECDC”) as a teacher’s assistant. The allegations in this case emanate from his contact with pre-school
children who were enrolled in this facility. The first family to bring accusations against Mr. Baran was that of Boy A. (A-94-95.) Previously, the boy’s father had filed a complaint with ECDC objecting to Mr. Baran being allowed to work with children because he was a homosexual. (A-94.) On September 12, 1984, the ECDC Board of Directors discussed Mr. Baran’s sexual orientation and his possible termination."〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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