Trevor Blake: Bernard Baran
Sunday, November 22nd, 2009Radley Balko, How to Get Ahead in Law:
Last June, District Attorney David Capeless of Berkshire County, Massachusetts, announced that he was dropping all charges against 44-year-old Bernard Baran, a man who has spent half his life behind bars on child molestation charges that the state no longer has the confidence to retry. Baran was convicted in January 1985 of molesting six children at a pre-kindergarten day care facility in Pittsfield, Massachusetts. He was released on bond in 2006 after an appeals court determined that his trial attorney had been incompetent and that the prosecution may have withheld key exculpatory evidence. Baran says that during his jail term he was raped and beaten more than 30 times, necessitating six different transfers to new correctional institutions. Such is the cost the prison system exacts on an openly gay man convicted of molesting children. Baran was one of the first people in the country to be prosecuted in the day care sex abuse panic of the 1980s, a bizarre nationwide hysteria fed by homophobia, fears of Satanism, and a wing of child psychology that used unproven interrogation techniques that critics say caused children to recount sexual incidents that never took place. In this case, prosecutor Daniel Ford, now a judge on the Massachusetts Superior Court, showed the grand jury that indicted Baran an edited video interview with the children. According to court documents, the video shows several kids alleging that Baran had sexually abused them. Edited out was footage in which some of the children denied any abuse by Baran, interviewees accused other members of the day care faculty of abuse or of witnessing abuse, and, most important, interrogators asked the same questions over and over – even after repeated denials – until a child gave them an affirmative answer. Some children were even given rewards for their answers. [...] In upholding the ruling that granted Baran a new trial, the appeals court added in a footnote that if the state wanted to retry him, Baran could file a motion for a hearing on Ford’s alleged misconduct. By dropping the charges, the D.A. avoided that hearing. “In my opinion,” says Boston civil liberties attorney Harvey Silverglate, “ the possibility of an embarrassing hearing into misconduct by a former prosecutor and now sitting Superior Court judge was the main reason, if not the reason, they decided to drop the charges. The appeals court opinion cut a bit too close to the bone for them.” So while Bernard Baran is free after 22 years of incarceration, there are no plans to look into the actions of the prosecutor, now a sitting judge, responsible for his conviction. Ford’s career trajectory indicates the backward incentive structure that prosecutors face: Convictions produce rewards, while abuse rarely comes with a penalty.
Religious Tolerance, The Baran Sexual Abuse Case:
The Bernard Baran indictment appears to have many factors in common with dozens of ritual abuse cases which surfaced during the 1980s and early 1990s. Bernard is a homosexual. That has proven to be a tremendous personal liability, because of the high level of homophobia in American society. On 1983-AUG-1, Bernard Baran was hired as a teacher’s aide by the West Side Early Childhood Development Center (ECDC) in Pittsfield, MA. Pittsfield is located near the extreme western border of Massachusetts, very close to the state of New York. The uncle of one of Baran’s students complained to the ECDC that he did not want a homosexual teaching his nephew. Shortly after this complaint, he and his sister-in-law called police and said that the boy had accused Baran of molesting him. On 1984-OCT-6, Baran was charged with sexually assaulting two three-year-old children at ECDC. The number of charges reached nine after most of the 160 children at the ECDC were interviewed. Baran was 19 years of age at the time. On 1985-JAN-30, he received a sentenced of 3 concurrent life terms. Because of his age and slight build, he was easy pray for other inmates. “During his first four years, he was raped and physically assaulted 30-40 times. He has suffered serious eye injuries and many broken bones. [...] In all probability, he is innocent. In fact, the criminal acts for which he was charged probably never happened. However, the children (now in their twenties) probably retain “memories” of the abuse that were implanted in their minds as a result of improper interview techniques.
Articles continue at links. See also the Free Baran archive. I lived in a small town as a teenager in the 1980s. I read books, including books on taboo subjects. I played role playing games like Dungeons and Dragons. I listened to music that wasn’t to be found on the radio. I was very aware that a satanic panic was occurring in the United States, and that I could be caught up in it for my interests. I could be accused of the kind of nonsense that Baran was caught up in. I found two strategies that worked well in keeping myself safe. Those strategies were knowing when to be public about my interests and when to be private. Being public (including publishing OVO) meant that any argument I was a secret agent for evil would be weak. Being private meant that what the do-gooders didn’t need to know about they never knew about. But it was my dumb luck that the do-gooders didn’t try especially hard. Now I’m an adult and it turns out reading those books, playing those games and listening to that music didn’t do me or anyone else any particular harm. Turns out the good guys were the bad guys and the bad guys were innocent. I’m the one who stuck by my guns. The judges and therapists and police and teachers and clergy who made bank on the satanic panic are the ones who tucked tail and shuffled into an underground tunnel. I don’t deserve any particular reward for what I did. But were this a just world, they would be held accountable for what they did. Bernard Baran spent half his life in prison to satisfy the blood lust of those who serve an invisible monster that lives in the sky. And that’s one of the reasons I’m public about my interest in the withering away of religion under the twin suns of scorn and reason.
John Dolan, Lord Byron the eXile’s Patron Saint (via):
[Lord Byron] chose to be noisily “immoral” not because he was any worse (or any better) than the average aristocrat of his time but as a weapon against the moralism of Wordsworth. I don’t mean “moralism” in a normative sense – God no. I remember sifting through the elderly Wordsworth’s letters looking for any comment at all on the Great Famine which was extirpating the Irish, and finding only one remark, in which the great moralist earnestly prays that England will not weaken, ie provide any aid whatsoever. It’s one of the curiosities of English literary history that you’ll never find the least particle of compassion for the Irish in “moral” poets like Wordsworth. Only the “mad, bad and dangerous” Byron mentioned the slaughter of 1798, attacking the PM, Castlereagh, for “dabbling [his] sleek young hands in Erin’s gore” and, as Pope would have recommended, delivering an extra kick to his enemy’s corpse in this epitaph: “Posterity will never survey a nobler grave than this: here lie the bones of Castlereagh: stop, traveler, and piss.”
