The Elephant Under the Rug

[Note: Friends of Justice is a personal blog. I speak only for myself.]

Dear Friend of Justice,

Jim D’Entremont and I first became aware of the Baran case in 1995, but all we knew about it was the information found on Jonathan Harris’s web site. Our involvement really began in June of 1998, at the urging of our friend, Debbie Nathan. On the day that Judge Borenstein issued his ruling in the Amirault case, Debbie emailed us:

Bob, with this ruling I hope someone will be inspired to help Bernie Baran: as you know, he’s the first daycare worker convicted in a ritual abuse case — also out of Massachusetts — and the reason it started apparently is because he “came out” in his little town and announced his homosexuality at the age of 18. The guy has now been locked up 13 years and is going to rot behind bars unless someone takes an interest in his case. Now might be the time to start.

It took us another year to get essential documents in the case. When we read them, we were appalled. We were especially appalled at the conduct of the prosecutor, Daniel A. Ford.

Ford was ambitious and ruthless. He used the Baran case to make his career.  This strategy was successful. Governor Michael Dukakis made him a Superior Court Judge twenty years ago. He remains a judge today. He is an important member of the power structure of Berkshire County.

Thus far, criticism of Ford has been very muted. He is almost never mentioned by name in press accounts of the Baran case. Judge Fecteau made no ruling on the charges of prosecutorial misconduct when he granted Baran a new trial. I do not fault Fecteau for this. I believe he was doing what he thought would be most effective in achieving the ends of justice. Criticizing a brother judge could have eventually caused the waters to be muddied and thus blunted the effectiveness of his excellent decision.

But the Massachusetts Appeals Court has decided that the time has finally come to start talking about the elephant that’s been hiding under the rug.

The Court needed to say nothing about prosecutorial misconduct, because no ruling had been made on that issue.  Never the less, they found they had quite a bit to say.

Several things troubled them:

  1. Dan Ford deliberately withheld from the defense the videotapes of the child interviews — interviews which contained a huge mass of exculpatory material.
  2. Dan Ford deliberately withheld from the defense police reports and DSS materials indicating that at least two of the children were very likely sexually abused by someone other than Baran. [Not surprisingly, no charges were ever brought against these men, who were very likely real child abusers.]
  3. Dan Ford deliberately misled the Grand Jury by showing them a composite videotape with all exculpatory material excised.
  4. Dan Ford turned over material from his case files to the law firm representing the mother of one of the alleged victims.

I think that bill of indictment should be sufficient to have Dan Ford impeached and disbarred, if not sent to prison for obstruction of justice.

A fifth charge is intimidation of potential defense witnesses. I think this affidavit gives us a good glimpse of Judge Ford’s moral character. (I believe there were other potential witnesses silenced by threats from Dan Ford as well.)

I suppose there are some who would excuse Dan’s Ford misbehavior by saying that he truly believed in Baran’s guilt and was sincerely interested in protecting children. But don’t believe that.

After Ford rested his case, he offered Baran the chance to plead guilty in exchange for a five-year sentence. Half would be served at the county jail and half at a low-security facility called  The Sherriff’s Home. (He told Baran that if Baran did not accept this offer, Ford would make sure that Baran spent his entire life in prison.) Would Ford have made such an offer to someone he considered guilty? Would any guilty person turn down such an offer? Ford wanted his conviction and he didn’t care how he got it. It was the very first conviction that occurred during the 80’s daycare hysteria.

I believe that the Appeals Court has fired a warning shot across Dan Ford’s bow.

It will be interesting to see how he — and his chief protector, DA David Capeless –will respond.

But however they respond, the Baran case is now over. Capeless might appeal and the SJC might decide to hear it. But I can see no way the SJC could — or would — invalidate the two excellent decisions written by Judge Fecteau and by the Massachusetts Appeals Court. And there is no way this case could ever be retried.

Bernard Baran is not a criminal. In my opinion, Dan Ford is.

But  the elephant’s days of hiding under the rug are coming to an end.

-Bob Chatelle

10 Responses to “The Elephant Under the Rug”

  1. Art Leonard says:

    Excellent point. I wrote an entry on my blog about this decision yesterday night. (http://newyorklawschool.typepad.com/leonardlink/
    I call for a referral to the ethical authorities in Massachusetts to consider whether the prosecutor had violated the ethics rules and should be subject to sanctions. In addition to the points you make, there are some other important points that the court made in its opinion: that the prosecutor improperly “vouched” for his witnesses, and that the prosecutor made improper appeals to passion and prejudice during his closing arguments. These were totally objectionable actions, but apparently Baran’s hapless attorney did not know enough to object. I think the disciplinary authorities should look into these as well. The prosecutor should not be sitting on the bench.

  2. Paul Kasman says:

    Excellent, excellent, excellent. Thank you Bob.

  3. The contemptible Jane “Not-so” Swift has her political roots in Berkshire County. No wonder she found it so easy to embrace the witch-hunt narrative when rejecting Gerald Amirault’s pardon application in 2002.

  4. Lona Manning says:

    And Judge Ford was the presiding judge at the trial and conviction of Robert Halsey — another travesty of justice.

  5. Dennis Maher says:

    If Capeless is stupid enough to appeal this descision.Maybe he will bring down the whole good old boy network out in western Mass.

  6. Andy & Steve from Colorado says:

    Bravo Bravo!!!!!

    We feel you have summed up this case beautifully. Let’s
    hope Karma knocks on Judge Ford’s door very soon. Our
    hearts go out to Bernard Baran and his family.

  7. Katie D says:

    What was done to him was reprehensible and outrageous… This man needs to be held responsible

  8. PRESS RELEASE !!! Judge Ford forces LaMountain to stand trial in 72 Million Dollar Case.

    James Wettlaufer who once declared James LaMountain to be public enemy number one has found favor with the attorney general who after much wrangling was able to find a sympathetic Judge.
    Ford is Famous for his role as prosecutor in a landmark daycare center case where an 18 year old was sent to prison after Ford witheld exculpatory evidence that would have showed the defendant Bernhard Baran was innocent. Baran Served over 20 years in prison before he was freed after concerns were raised with Fords handling of the case. The Attorney General Kerry Strayor in the LaMountain case was able to seat Judge Ford as presiding Justice even after a motion by Strayor to seat Ford had been denied earlier. LaMountain himself has a history of sexual abuse after he was sent to prison for having consensual sex with a girl in 1986 who was 2 weeks shy of the age of consent. LaMountain was also a victim of sexual abuse in the 1970’s when he was in the care of the Commonwealth of Massachusetts. ” I have been getting screwed by the commonwealth for close to 40 years……and the pain is just as sharp each time ” LaMountain said.

    LaMountain who was threatened with Jail by Ford for trying to enter exculpotory evidence learned today that Judge Ford has a habit of excluding exculputory evidence from the record. Exculpotory evidence is evidence that shows the accused is innocent of the crimes or violations he or she is charged with.

    During his closing argument LaMountain told Ford to come to the land to take his surrendor and walked out of the Courtroom on a code blue medical band before the Attorney General could make his closing arguement.

    LaMountain who conducted the 3 day trial for was wearing a code blue umass medical band on his wrist the entire time and was forced by Ford to stand trial and defend himself pro’se. Evidence excluded by the judge was a forest cut plan , and an agricultural exemption in the case. The excluded evidence grants exemption to farmers when working in a buffer zone.
    DEP officials knowingly entered false information into the record while Ford turned a Blind eye. Dep Officials perjured themselves continously on the case and Robert McCollum testified at the trial that fines could reach as high as 72 million dollars …saying it was the most egregious environmental case they had ever seen. LaMountain who has been declared a farmer by the United States Department of Agriculture said he feels like he was driving the valdez. LaMountain believes there is enough in the record by the testimony of the state witnesses to “make a good transcript” in overturning Ford. Appellate Lawyer Janet Pumphfrey is already on stanbye to bring the case to Boston as it has ramifications for all agriculture in the commonwealth.
    click on the link below or Google Judge Ford Daycare.
    http://www.topix.com/forum/source/…/TG921B2GQ3KN8CN14

    Updates to this matter will be found on http://www.01521.com where a biography of LaMountain can be found under the who is who section. LaMountain played an instrumental role in the resignation and subsequent incarceration of former Holland Police Chief Kevin Gleason.

  9. catherine says:

    My son is waitning sentence in Markham court set for September 10, 2010. I am trying to find out how a judge can come back and say the ugly things this judge has said. My son have never been to prison or jail. but now he is sitting in the cook county jail for 20 months.

    The girl perjured herself at least three times. People got up and walked out the court saying “they need to let that man go, that B—- the court know is lying” She cried her heart out, and just as easy as she cried she stopped once outside the door in the arms of her boyfriend.
    The mother pretends to be an alcoholic, and nuts the judge dismissed. The mother is not nuts and she’s not an alcoholic. Her uncle is an attorney in New York told her what to do so they won’t come after her. One week in a rehab do not constitute a healing. One week in a mental institute do not constitute you are crazy.

    HIS WIFE SAID THAT SHE DIDN’T REMEMBER SAYING THAT HOZY TESIFIED TO RAPING HIS STEP DAUGHTERS BECAUSE IT WAS HE STEP FATHER THAT SAID IT.
    She’s a manager at Wal-Mart and have been for over seven years. How can she remember to do everything right there and not at home. How is it possible that every night she say she comes home and drink until she pass out and she get up the next morning, do what she’s got to do, but only this thing she don’t remember.
    She don’t remember telling the police her husband told her that he raped her daughters. But the police said that my son said “I thought we was going to work this out” My son said what the police heard him say was speaking about his confessing that the daughter and him had sex once behind her back and that was why he had moved out. but the daughter and him never discussed it again”. the daughter admitted this in a letter that she had written the judge but the state wouldn’t’ allow her to give it to the judge saying it is a violation .

    There are affidavits signed and written by the girl saying my son is innocent. She visited him many times in jail. She written him while before the trial. The State did not prove their Burden so the judge stepped in. This is his court, these are his staff and our lawyer is from another town. I did not know that it was appropriated for a D. A to make two closing statements. Our lawyer was not prepared for this because she did not know that the judge went away to allow his staff D. A’s to enhance their statement. she would have of course came prepared.

    I was a witness but was told to answer only that which was asked of me. but foolish stuff such as is he my son, how old is he, did I think they got a lone. then the state said have he known you all of your life? I am sure she had to be joking. so I told her no he hadn’t I’d known him all of his life. I am his mother he’s not my brother, friend of father.

    My son is in prison for raping his step daughters. NO PROVE. A raped that was supposed to have happened years ago.

    MEDICARE RECORDS SHOWS THE GIRL WAS A VIRGIN IN 2007, HOW IS IT POSSIBLE THAT MY SON WAS RAPING HER AND PENITRATING HER FROM 2002-2007?

    What I believe happened his WIFE FOUND THAT MY SON HAD A CHILD BY ANOTHER WOMAN WHILE THEY WAS SEPARATED AND SHE PROMISED US THAT HE WOULD NEVER TAKE CARE OF THE LITTLE MONKEY. child conceited in 2006, born 2007 we knew nothing about the child until 2008 a month before his wife and daughters claimed he was rapping them.

    SHE WAS ALWAYS PUTTING HIM OUT, GETTING CAUGHT WITH OTHER MEN, LEAVING TOWN AND LEAVING ALL SIX OF THE CHILDREN WITH HIM. IF THE OTHER CHILDREN WENT TO FRIENDS OR FAMILY THE DAUGHTE WOULD STAY HOME WITH HIM, AND IF HE CAME HERE SHE WOULD CALL HIM OR TEXT HIM UNTIL HE RETURNED BACK THERE WITH HER. AFRIAD TO BE ALONE SHE WOULD SAY.

    MY SON HAD MOVED OUT AFTER HE FOUND THAT SHE HAD SLEPT WITH THE GIRLS FATHER IN NEW YORK, THE GIRL CAME HOME AND TOLD IT. AS WELL AS HER DADDY WAS SUPPOSED TO HAVE BEEN GETTING BACK TOGETEHR WITH HER FATHER. 2008

    THE YOUNGEST DAUGHTER WROTE HER MOTHER A LETTER ACCUSING HER STEP FATHER OF RAPING THEM. MOTHER JUMPS UP CALLS THE POLICE AT THE ORDER OF THE GIRL FATHER.

    POLICE SAY THAT MY SON CONFESSED WITH OUT A LAWYER. THE POLICE TOLD US THAT HE WAS SUDICIAL AND THAT THEY WAS CALLING IN SOMEONE TO HELP HIM. THEY NEVER DID.
    THERE IS NO VIDEOS, CAMERA OR WRITTEN ANYTHING, EVERY THING IS TYPYED. I ASKED FOR THE SIGNED STATEMENT FOR HIS LAP TOP AND HAVE YET TO SEE IT. MY SON SAID THAT IS ALL HE REMEMBER SIGNING. CONVENTIENTLY FOR THE POLICE THE CAMERA WAS BROKEN AND THE VOICE DIDN’T COME CLEAR ON THE RECORDER. ????????????????????///

    THE GIRL THAT WROTE LETTER ADMITTED SHE LIED, SIGNED AN AFFIDAVIT AND SAID SHE REFUSE TO COME TO COURT. SHE’S NOW 17.

    SON SAID HE KNOW THEY LIED. JUDGE REFUSE TO ALLOW HIM TO SPEAK.

    JUDGE REFUSE EVIDENCE OF MEDICAL RECORDS CLAIMING IT DONT BELONG IN THIS CASE.

    HOW NO?. IT CAN PROVE HIS INNOCENT.

    JUDGE REFUSE THE AFFIDAVITS SIGNED BY THE GIRL SAYING SHE LOVED HER MOTHER AND FAMILY SO MUCH SHE WAS TRYING TO PROTECT HER MOTHER. HOW BY WILLINGLY FOLLOWING HIM AROUND AND SLEEPING WITH HIM CONSENTUALLY AFTER THE AGE OF 18?

    FOR TWELVE YEARS MY SON TOOK CARE OF THESE CHILDREN, PLUS TWO CHILDREN SHE HAD TAKEN FROM THIS WHITE GIRL AND MOVED AWAY WITH, NOT HIS CHILD, SHE DIDN’T EVEN WANT HIS DAUGHTER WHOM SHE CLAIMED SHE LOVED UNTIL HE MARRIED HER AROUND.
    WHILE SHE RAN THE STREETS WITH MEN AND OUT OF TOWN AND SHE WALKS AWAY WITH A CLEAR BILL CLAIMING SHE’S AN ALCOHOLIC. SHE’S NOW LIVING WITH ANOTHE MAN.

    MY SON HAD MOVED OUT OF THE HOUSE WAY BEFORE ALL THIS MESS CAME UP. THE WIFE, SISTER AND TWO FRIENDS CAME TO HIS PLACE OF RESIDENT AND MOVED HIM BACK. LESS (WITNESS WAS ALL OVER THE PLACE AS THEY THREW HIS BELONG TO GATHER. ROOMATE, NEIGHBORS ALL LOOKED ON. SHE SAID IT’S NOT OVER UNTIL I SAY IT’S OVER. I HAVE TWELVE YEARS INVESTED IN YOU AND I AIN’T GIVEN YOU TOO NO BODY.)

    A MONTH LATER HE’S IN JAIL FOR RAPE. IN JAIL FOR SOMETHING THAT THEY SAID HAPPENED YEARS AGO. THERE IS NO DNA. NO PHOTO’S,

    WIFE STATED IN FROM OF 20 PEOPLE THAT HE WAS NEVER COMING BACK TO OUR HOUSE AND THE ONLY TIME WE WOULD SEE HIM IS IF HE WAS WITH HER EVEN IF SHE HAD TO LOCK HIM IN THE BASEMENT. DAY AFTER THANKSGIVING 2008

    WHAT A BASEMENT!… THE GIRL FIRST STATEMENT WAS THAT HE WAS CARRYING HER INTO THE BASEMENT RAPING HER. THERE WAS NO BACKMENT UNTIL SHE REACHED THE AGE OF 15.

    MY SON TOOK THEM TO SCHOOL, ATTEND PTA MEETING, TOOK THEM TO CHURCH, COOKED, CLEANED, ETC; FOR THEM WHILE THE MOTHER WOULD COST HIM ANY JOBY HE HAD BY CALLING ALL DAY OR THREATEN ANY WOMAN HE MIGHT ASSOCIATE WITH.

    IN OCT, SEPT 2008 SHE CALLED EVERY WOMAN ON HIS PHONE THREATEN THEM. IN NOVEMBER THEY FILLED OUT PAPERS FOR A DIVORCE… ONCE HE WAS ARRESTED SHE TORE THEM UP, AFTER I TOLD HER THEY MIGHT BE ABLE TO CLEAR HIM. I THEN ASKED HER FOR THE PHONE BILL BECAUSE HER DAUGHTER HAD TEXTED HIM AND RAN THE BILL UP TO OVER FOUR HUNDRED DOLLARS. SHE TOOK IT TO WORK SHE SAID ND SHREDDED IT ALSO.
    ALL EVIDENCE THAT MIGHT HAVE CLEARED MY SON SHE DESTORYED.

    Exculpatory evidence is evidence that shows the accused is innocent of the crimes or violations is charged with.

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