Mass. Man Wants Day Care Case Removed from Record

By DENISE LAVOIE, AP Legal Affairs Writer

BOSTON (AP) — A Massachusetts man whose conviction was overturned in a day care molestation case after he spent 21 years in prison is asking a court to wipe his record clean.

Bernard Baran was convicted in 1985 of molesting five children at the Pittsfield day care center where he worked. Baran’s conviction came during a national hysteria over child-care sex abuse cases.

Baran maintained his innocence and was released in 2006 after a judge ruled that his trial lawyer was incompetent. Prosecutors decided not to retry him.

The state attorney general’s office opposes the move to erase his record, arguing in court documents that he didn’t receive a judgment in his favor against the state in his erroneous conviction cases. Baran reached a settlement with the state, but the state denied liability.