Wrongly Convicted Database Record
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Charge: |
Child Sexual Assault and Indecent Assault |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
21 |
Year Crime: |
1984 |
Year Convicted: |
1985 |
Year Cleared: |
2009 |
U.S. State or Country of Crime: |
Massachusetts |
County or Region of Crime: |
Berkshire |
City of Crime: |
Pittsfield |
Result: |
Judicially Exonerated |
Summary of Case: |
"Bernard F. Baran Jr. was wrongly convicted on January 30, 1985 of three counts of child rape and five counts of indecent assault and battery. The charges involved accusations by five children at the Early Childhood Center in Pittsfield, Massachusetts in October 1984. The 19-year-old Bernard Baran worked at the childcare center as a teacher's assistant. Baran was convicted on January 30, 1985, of three counts of rape of a child and five counts of indecent assault and battery. Baran 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. Baran was represented at trial by a civil lawyer with no criminal defense experience that his mother hired and paid less than $1,000. The lawyer did not perform any investigation, and did not hire a private investigator or any experts on Baran's behalf. In June 2006 Baran's convictions were overturned on the basis of ineffective assistance of his trial counsel by Berkshire County Superior Court Judge Francis R. Fecteau. Baran was released on bail after 21 years of imprisonment. The State appealed, but on May 15, 2009 the Massachusetts Court of Appeal affirmed the lower court's dismissal of Baran's convictions. Bernard Baran settled his compensation lawsuit against the State of Massachusetts for $400,000 in 2010." |
Conviction Caused By: |
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Innocence Proved By: |
"In June 2006 Bernard F Baran Jr.'s conviction was overturned on the basis of ineffective assistance of counsel. Baran was released on bail after 21 years of imprisonment. The State appealed, but on May 15, 2009 the Massachusetts Court of Appeal affirmed the lower court's dismissal of Baran's convictions." |
Defendant Aided By: |
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Compensation Awarded: |
"$400,000 (State of Massachusetts, 2010)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
19 |
Age When Released: |
40 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Commonwealth v. Bernard F. Baran, Jr, No. 07-P-1096 (MA Ct of Appeals, May 15, 2009)" |
Information Location 1: |
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Information Source 2: |
"Appeals court refuses to reinstate molestation conviction, By Jonathan Saltzman, The Boston Globe, May 15, 2009" |
Information Location 2: |
http://www.boston.com/news/local/breaking_news/2009/05/appeals_court_r_1.html |
Information Source 3: |
"Wrongful Conviction Cases Under G.L. C. 258D As Of August 1, 2016" |
Information Location 3: |
https://assets.documentcloud.org/documents/3034698/Wrongful-Conviction-Compensation-Cases.pdf |
Information Source 4: |
"Massachusetts has paid $8.34 million under wrongful conviction compensation law, By Dan Glaun, MassLive.com, August 31, 2016" |
Information Location 4: |
http://www.masslive.com/news/index.ssf/2016/08/massachusetts_has_paid_834_mil.html |
Information Source 5: |
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Information Location 5: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org