Since 2006 Mr. Baran has been released on bail but under home confinement. The Superior Court ruling that released him in 2006 was appealed by the Berkshire County District Attorney’s office.
The Appeals Court reported its decision on the case last month. The facts as reported show without question that the prosecutor, Judge Ford, manipulated evidence to mislead the grand jury that indicted Baran and did not provide the defense with exculpable evidence.
For instance, the children denied on tape that Baran molested them. Some named another person as molesting them. The tapes also showed the children being coached.
Judge Ford never showed the grand jury that portion of the tapes and did not turn copies over to the defendant. There were also exculpatory police reports and other documents kept from the defense. Ford did turn his complete file over to the victim’s attorneys.
Yes Mr. Baran had incompetent counsel, however that does not acquit prosecutor Ford.
Anyone who has seen My Cousin Vinny knows that the D.A. must turn everything over. Very limited exceptions to that rule. If it is exculpatory the D.A. turns it over automatically without being asked.
But for Judge Ford’s indifference, narcissism, ambition, or pathological tendencies Bernard Baran would not have spent 20 years in jail for crimes he did not commit.
Massachusetts Superior Court Judge Daneil A Ford is corrupt and should go to jail for this. However the statute of limitations has expired so the best we can do is impeach him.
christopher says
Also, why didn’t this come up at his confirmation to the bench? I disagree on jail time.
regularjoe says
and his treachery came to light much later
charley-on-the-mta says
do you mean Daniel Ford? Someone else?
eb3-fka-ernie-boch-iii says
farnkoff says
that they have turned over all exculpatory evidence. That way, if it is found later on that they haven’t done so, then they could be slapped with a perjury charge. Or perhaps there’d be a more straightforward solution. In any event, a requirement is meaningless without a potential penalty for noncompliance.
regularjoe says
What happened to Mr. Baran is a crime and the Appeals Court does not even mention Judge Ford by name. Judge Ford should suffer at least suffer public scorn.
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p>Why the arrest of a gay disk jockey in PTown last summer resulted in more outrage than this theft of the best twenty years of a young man’s life is just beyond me.
huh says
The outrage wasn’t because of his being gay, it was because he was the guy who does the lost 45s. Seems like you have issues.
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p>In fact, why is there a need to compare it to any other case at all?
eb3-fka-ernie-boch-iii says
Yet there has been little press in these parts.
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p>It has come to light that a sitting Massachusetts Superior Court Judge committed serious acts of obstruction of justice while a prosecutor over twenty years ago. as a result a 19 year old gay man spent 20 years in prison and was released (still under house arrest) only after these acts of obstruction of justice were exposed.
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p>The evidence shows how this judge used anti-gay prejudices to help his corrupt prosecution.
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p>Is Judge Ford anti-gay? Does it matter? But it is definitely gay related. And much more serious than other anti-gay episodes I’ve read on BMG.
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p>WHERE”S THE OUTRAGE!!!
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p>IMPEACH JUDGE FORD!!
huh says
It seems horrible enough on its own merits.
eb3-fka-ernie-boch-iii says
I provided th link.
regularjoe says
I know I have issues, huh. Why not educate yourself about the issue before casting aspersions? This young gay man had his life taken away and the man who committed these wrong acts is now a judge. This judge hid evidence, lied to the court and the jury and rode to power on a wave of homophobia. I find it to be a little more important than the arrest of the dj on the cape last year. That arrest created a minor firestorm here while the Baran story barely managed a peep.
scout says
How many other victims of this guy are out there?
scout says
The crimes that Mr. Baran was accused of were incredibly heinous, and children did openly accuse him of committing unspeakable acts against them, so a DA would certainly be right to deeply investigate Mr. Baron. One might even be tempted to partially excuse Attorney Ford’s evident law-breaking zealotry because he was blinded by the horror of the alleged crimes. I’m not in any way saying that would excuse or justify a DA hiding evidence or breaking the law- but, at least you could understand someone being just so horrified by what, they thought, was an incredibly dangerous predator that they just HAD to do anything and everything in their power (including breaking the law themselves) to keep a monster away from children.
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p>However, a quick review of some of the hundreds of articles from local papers show that Judge Ford hasn’t always acted with the unrelenting zeal he did in the case of Mr. Baron, and even was even sometime downright lenient, once being so kind as to let an admitted six time rapist free on his own recognizance pending sentence. To be most fair to Ford (more than he was to Baron), let’s stipulate there are specifics circumstances in every case, it would take a lot more time to produce a definitive review of Judge Ford’s lengthy record, and there’s a big difference between the proper role of a prosecutor and a Judge (though a prosecutor is supposed to follow the law and even within the law is supposed to exercise judgment in deciding when to prosecute and how hard to push, unlike the defense which is supposed to do everything legal to get the defendant off). Granting all that, it’s clear Judge Ford has not always acted as a merciless punisher child sex predators. And, in the case of at least one repeat sexual offender, a short sentence by Judge Ford resulted in the horrible abuse of yet another child. A sampling of terrible:
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p>Sunday Republican, June 8, 1997-
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p>
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p>Union-News. December 20, 1990-
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p>
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p>Union-News, December 18, 1990-
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p>
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p>Worcester Telegram & Gazette, December 29, 1990-
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p>
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p>Union-News, February 3, 1993-
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p>
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p>Union-News, July 3, 1991-
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p>
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p>Union-News, December 14, 1990-
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p>
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p>Union-News, January 5, 1991-
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p>
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p>Union-News, January 5, 1991-
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p>
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p>Ugh
TMI says
This is a judge who sits on his bench watching the people in the court room making judgements without anyone saying a word. He doesn’t just act this way toward criminal cases. No he acts this way in general. If you don’t fit the ” profile” that he has in his head than he can’t and won’t hear you.
He may have criminal immunity but not civil. Especially when it violates our amendments that everyone is entitled to not just what he invisions. You can’t get money while he is perched on that bench but you can get his cases reviewed or get other things. I have a feeling that 2015 will be a year full of answers. I hope that his bigotry and discrimination doesn’t destroy or effect anyone else. Justice can prevail in the federal justice system even if you are pro se.