June 10, 2009

MA- DA decides not to retry child abuse case

6-10-2009 Massachusetts:

PITTSFIELD — Prosecutors have decided not to retry a Pittsfield man whose child molestation conviction was vacated after he served 21 years of a life sentence.

Berkshire District Attorney David Capeless said today that trying Bernard Baran again is "not in the interests of justice."

Capeless said he believes Baran was correctly convicted in 1985 of molesting five children at a day-care center in Pittsfield where he worked.

Baran was released on $50,000 bail in 2006 after a judge ruled that he had an incompetent defense lawyer at his first trial, and granted him a new one. The state Appeals Court upheld that ruling last month.

Baran has always maintained he is innocent. ..Source.. by News Telegram.com


Court Decision:

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