This Week in Innocence
In 1985, then-19-year-old, openly gay Bernard Baran was convicted of molesting children at a day care center in Massachusetts. His conviction came at the height of the day care sex abuse panic that took off in the early 1980s.
Police began investigating Baran after a couple who also served as narcotics informants sent their son to the center, learned of Baran, then reported him, telling police they "didn't want no homo" watching their child.
After serving 21 years in prison, during which he was beaten and sexually assaulted by other inmates, Baran has finally been cleared of the charges. His defense team found videotapes in which children at the center tell investigators Baran never touched them. Other children who did say he abused them appear to have been coerced. The tapes were never turned over to Baran's attorneys.
…in June 2004, Baran got a new legal team, courtesy of a local advocacy group. And the missing videotaped interviews were finally found in an evidence room, filed with tapes of drunken-driving arrests.
Appellate attorney John Swomley watched them all. "It was like, 'Oh, my God,'" he said.
In one, a 6-year-old boy is being questioned. "The kid keeps saying over and over, 'Where's my prize? You promised me a prize! I want my prize now!'" Swomley said.
In others, children say Baran never touched their private parts. In some, children said he did, often after being repeatedly asked the same question until it is answered affirmatively, according to Swomley.
The trial prosecutor had only shown an edited tape of the latter interviews, Swomley said.
Baran isn't sure if he's going to sue. Frankly, it would be nice to see Baran's prosecutor do some time.
