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Bernard Baran Released From Prison

Jim Burroway

July 1st, 2006

Bernard Baran and his mother on his release from prisonBernard Baran, at age nineteen, was one of the first to be convicted of child sexual abuse in a wave of convictions during the day-care hysteria of the 1980′s. He was released on bail Friday after twenty-one years in prison. His conviction was overturned and he was granted a new trial earlier last week. While free, Bernard will be tracked by GPS, is not allowed to leave the state, and is prohibited unsupervised contact with anyone under the age of sixteen.

While he’s free for now, he could be returned within months. Berkshire District Attorney David F. Capeless is appealing the ruling that overturned Bernard’s conviction, and vows to go forward with a new trial should the appeal be upheld. Bernard’s attorney, on the other hand, is confident:

Baran’s trial was one of several prosecutions surrounding sexual abuse at day-care centers. Since that time, many of the methods used to build those cases have been discredited and the convictions overturned.

Harvey Silverglate, a member of Baran’s defense team, said the country was gripped in a “national sex panic” in the 1980s that led to dozens of inappropriate convictions. As an openly gay man who worked with children, Baran was a likely target. Absent the hysteria, Silverglate said, Baran would never have been convicted.

“If there is a new trial, you will see the curtain pulled back on how these cases happened in the 1980s. The curtain will be pulled back as to why this man spent 20 of his best years in prison for a crime that never happened,” Silverglate said. “I suspect the district attorney will not really want to retry this case.”

See also:
Justice For Bernard

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