[Note: Friends of Justice is a personal blog. I speak only for myself.]
photo credit: Jim D’EntremontLast night Bernard (“Bee”) Baran died suddenly at his home while talking with his partner, David, and his niece, Crystal. We are awaiting the autopsy results, but a heart attack or stroke seems most likely.
My partner Jim and I were prodded to reach out to Baran and his family by our friend, Debbie Nathan, who emailed us on June 18, 1998. She said:
“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.”
By “someone,” Debbie quite obviously meant us. Reach out we did.
We phoned his mother, who sounded like someone who had lost all hope. But she gave us Bee’s address and we wrote to him.
No response. We wrote one more time and still no response. He seemed not to want to talk to us.
In December of 1998, Bee called and talked a long while with Jim. (I was in Minnesota for the Christmas holidays.) He said he would call back after my return but did not. We wrote again and still got no response. Finally, on March 3, 1999 we receive a letter from him. In it he explains why it’s been difficult for him to get back to us.
“I was talking to my mother last night and as we talked I started to cry. I just told her I don’t know how much longer I can hold on for. I have spent 15 years of my life locked away for something I never did and after a while you start to lose all hope. I tell you this because when I see your letter that’s what I start feeling is hope and it scares me.
“I don’t even know if I should have told you that but it’s the truth. At times Bob I feel so all alone. I also do believe people have tried to help me but life moves so fast out there that I seem to always get lost in the process. I’m not saying that you would do this to me. It’s just how it has gone so far. So I fear the hope others bring into my life because I’m always left alone in the pain. My heart can only take so much pain. I’m sure you know that a lot of pain comes from inside as well. I’m glad I started this letter to you. I have wrote to you maybe 10 times already, I just never mailed them out. And believe me this one’s going.”
A couple weeks later, by chance, Jim and I encounter a lawyer friend, John Swomley. Swomley suggests a visit to Bee. I go with John and meet Bee face to face on June 3rd. And our journey with Bee really began.
Swomley eventually agreed to take the case — on the condition we raise money because he couldn’t afford to do it pro bono. And raise money we did — hundreds of thousands of dollars. In the process we first formed the Bernard Justice Committee and later helped form the National Center for Reason and Justice, devoted to helping other victims of our dysfunctional criminal-justice system.
We also began visiting Bee every week. Eventually our friend Frank Kane joined us on these visits. Bee was a delight to visit. Once we all got over our initial shyness, we discovered a young man (he’d just turned 32 when I met him) who was not only very bright, but very funny. He was a great story teller, and he would voice not only all of the characters in the story but any animals that were involved. One of my favorites involved the time he surrepitiousy fed a tray of meat juices to a vegetarian dog.
And so time passed. Slowly. The District Attorney stonewalled us every inch of the way. For many years the DA’s office refused to turn over the videotapes that eventually exonerated him. It was seven years later — June of 2006 — that Bee was finally released upon being granted a new-trial motion. The DA continued to fight us for three more years until the Appeals Court handed down a ruling that essentially exonerated Bee and strongly hinted that the DA — now Judge Daniel Ford — was guilty of prosecutorial misconduct. (Judges rarely slap the hands of other judges.) DA David Capeless finally threw in the towel.
Bee’s struggles continued. He filed a lawsuit against the firm that had done his do-nothing appeal and eventually settled for an undisclosed sum. He should have received $500,000 from the state, but Attorney General Martha Coakley had the audacity to try to deny him any compensation. (Coakley is from western Massachusetts and has close ties to the people who railroaded Bee, including her cousin, a Pittsfield detective. Bee was in the process of suing the detective when he committed suicide after he himself was convicted of rape.) Bee eventually collected $400,000.
Bee, by the way, was still fighting Coakley when he died. He’d been told that as part of the settlement his criminal record would be expunged. Coakley refused to go along. If she didn’t have a heart of ice, she could agree to the expungement now that Bee is gone. But I am quite sure she will not.
With his settlement, Bee and his partner David bought a lovely house in Fitchburg and also another building containing 5 rental units.
Both Bee and David, unfortunately, had suffered severe health problems due to the years of terrible prison diet and lack of access to anything resembling adequate health care. (Such are Massachusetts prisons.) Bee developed chronic pancreatitus, which often caused him enormous pain.
The last time Jim and I saw Bee was two weeks ago yesterday, when we visited with our friend Robert from North Carolina. We spent the day with them and had a great time. Bee cooked us two excellent meals. We spent the afternoon exploring Fitchburg and a lovely park nearby that they were both fond of.
While I’ve never been a parent, I think I can say with some justification that Bee was like a son to us. We certainly loved him like a son. And I know that he loved us.
So farewell Bee. You were a wonderful person. I hope we can learn from your sufferings and prevent other innocents from being persecuted as you were.
When I heard of Bee’s passing my world spun. He was a person in my world whom I love unconditionally, he was like my little brother. My heart is torn and my tears shed for all of his loved ones.
What a beautiful tribute. Thanks, Bob.
So very sorry to hear of the passing of Bernard Baran. He endured a lot of pain and injustice in his life but through it all remained an inspiration to all those involved in the advocacy of wrongful convictions. He will be greatly missed.
Very sad news. My heart goes out to all of Bee’s family and friends. A terrible loss.
Thank you and Jim for all the help you provided for him over the years.
One might summarize the years of his life
1966-1984, 18 (childhood and youth)
1984-2006, 22 (falsely imprisoned, often under the appalling conditions reserved for sex convicts, as well as those too frail to fight for themselves)
2006-2009, 3 conditionally freed
2009-2014, 5 free at last
Almost 3/4 of his adulthood was lost, and even the eight years of freedom remained, as you describe, blighted by the shoddy medical care he had received in prison.
Thank you for posting this lovely tribute to Bee. I didn’t know him, but kept up with his case. I am glad he had a few years of freedom after so many sad years.
I will continue the educate others of the horrors some of us face.
[…] Baran died on Monday night. Known as “Bee” to his friends, he died suddenly at his home wile […]
I am a friend of Dan Lee’s and he shared this with me. While I never met Bee personally I always felt I knew him after talking with Dan. I am sending all my prayers to his family. May he finally find peace. Thank you to everyone who worked so tirelessly to see him free. You are the good guys and we need more of you.
My heart goes out to you during this time of loss and sorrow. You and Jim are in my prayers. I hope that your pain will be eased a bit knowing what a gift you were to Bee as he was to you.
Bernard Baran was a beautiful person. He was my mother’s landlord, and I still have the voicemails he left on my cell phone telling me about his visits with my Mom, who is a senior living on her own, and whom he took special care to check in on. He was so incredibly kind and giving in spite of the horrors he suffered. I hope that justice is finally served by the expungement of his false record. I am so saddened by his passing, and send blessings to all of his loved ones.
Cher, thank you so much!
My name is Fred Bernard. I am a tenant in the building Bernard purchased a year or so ago. I manage the building for Bernard and Dave. I have been really taken back by the sudden passing of Bernard. I only knew him a short time but what I do know is “I’ve never met such a kind and caring gentleman in all my 66 yrs. I have to admit I was a little skeptical of him at first. I thought “This guy can’t be for real”. His pro active approach to upgrading our building, inside and out, was definitely out of the norm. His interest in our well being was # 1 on his agenda. He spared no expense in discarding old appliances and replacing them with newer more efficient ones. Bernard was the real deal. He “Walked the talk” as they say. For some one who has gone through what he has and can still remain a caring human being is a testament to his fine character. I feel cheated for not having the opportunity to have known him longer and to have called him a friend for many more years. R.I.P. Bernard
Bob and Jim, I have thanked you before but must thank you again. When Mike Snedeker and I discovered Bee’s case, while we were researching Satan’s Silence (we found it in a New York Times Index…buried…just a tiny squib of a news piece) we did not know how to help him. I worried a lot about Bee and felt helpless to assist him. You took that worry off me by advocating for Bee and loving him — and by founding the National Center for Reason and Justice. When Bee was finally freed I got to meet him. He was a delightful person and it brought me joy to know I’d helped give him back his life. But you two helped most of all. I am grateful and send you my deep condolences on the loss of this fine man.
I received this email from Bee’s partner, David:
Bob
I just read your blog and thought it was was very nice. I can never thank yourself and Jim for the dedication of helping Bee through the journey of his release and also the love and friendship. I was going to post on your blog the above but couldnt figure it out. But I also wanted to thank all of Bee’s supporters who believed in him , wrote to him offering him encouragement ,hope, donating to his cause and their friendship. I love you all . Your blog replies gave much comfort.
Bee was my best friend, partner and soulmate. He was my everything. We always felt like two teenagers in love. Its a tough road ahead for me but one of the things Bee instilled in me was to battle ahead as he had. Im so thankful that I had him in my life, though way to short. I have so many fond memories .
David
My dear Bob,
What devastating news………my heart is heavy as I know yours certainly is……..but few people have lived and loved like
Bee…..I remember talking to him once on the phone when he first got out and he was so gentle and kind. I thought of him often and felt the depth of his brokenness when he was in prison having been there as well………Please give my love to David……..and know I will not forget him or any dear innocents. I will e-mail you soon with an update on what I am doing but had to send a message and share my heart.
Bee was as close to a saint as anyone I know…..He fought and won with the help of all of you and he stood strong even in his weakness.
His spirit remains for sure and I pray we can all feel that to keep us warm and comforted.
With deep gratitude that I knew him and know YOU !
Lynn
I would love to talk to you BOB. I indirectly was involved in this case and have mourned for decades the insanity of it all and the cost of a boy who lost his freedom because he was gay…simply because he was gay. I had been writing a letter to Bee over the years and sadly will never be able to give it to him now.
I only found out about Bee’s death today and am saddened and angry. Sad Bee didn’t have more time to enjoy his freedom and still angry at the reprehensible people who stole 22 years of his life. People like Daniel Ford and Martha Coakley made successful careers at Baran’s expense (among others) and never looked back. May they pay for the crimes one day.