Judge Orders New Trial for Convicted Child Molester

An inmate convicted of sexually abusing five children at a daycare center almost 20 years ago was granted a new trial by a judge who questioned whether his first trial was fair.

Judge Francis Fecteau argued that Bernard Baran’s attorney during his trial was incompetent and was concerned about whether or not Baron was given a standing chance during the national panic over daycare sexual abuse cases in the 1980s.

Baran’s bail is set at $50,000, an amount his lawyer’s say he cannot yet afford. If Baran comes up with the bail money, the judge will decide on his release since he is classified as a sexually dangerous person.

Baron, who is openly gay, was employed at a daycare center in which one mother complained she didn’t want her child around “a queer.” When the Pittsfield daycare refused to fire Baran based on his sexual orientation, the mother called the police claiming abuse. Another parent soon alleged her daughter had also been sexually molested by Baran.

The state conducted an investigation in which social workers performed a puppet show for children, demonstrating good touches and bad touches. After the show, social workers were told that two of the boys said they witnessed Baran touch the other.

On the day of Baran’s trial, a fifth victim came forward. Baran’s attorney allowed him, then 19, to be accused for the fifth charge, although no adequate defense had been prepared.

Judge Fecteau said his ruling does not determine whether Baran is guilty or innocent. “The defendant still has a long road in front of him, still uphill,” he said.

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