Baran Hearing Reminder

Just a reminder that the Appeals Court hearing on the Baran case will take place this Tuesday at 10 a.m. in Boston in courtroom three at the John Adams Courthouse. The address is One Pemberton Square, near Government Center. I hope to see many of you then.

-Bob

Baran hearing - Slight Change of Schedule

The appeal will still be heard on February 12th at the John Adams Courtroom in Boston. But it will now be in Courtroom Three at 10 a.m.

The judges will be Lenk, Green, and Duffley. I know nothing about them.

-Bob

Berkshire Eagle Article on the Baran hearing

Jack Dew's article contains one very important factual error. He says that the unedited videotapes were shown to the Grand Jury. They were not. And Capeless has never argued this, either before the Court or in any of his filings on the case. I suspect that this was a simple misunderstanding.

Capeless once again makes the fallacious argument that the tapes were not important because they were recorded two weeks after the start of the case.

Maggie Buck has demonstrated that early interviews are more reliable than later interviews. This is because repetitive suggestive questioning taints the child's testimony to agree with the interviewer's assumptions.

Capeless is trying to argue that the tainting occurs in the opposite direction than what has been demonstrated by Bruck and others. He is claiming that the result of repetitive suggestive questioning taints the testimony to be less in agreement with the interviewer's assumptions.

Capeless is not a stupid man. Thus a reasonable person would assume that he makes this argument only in a deliberate and unethical attempt to deceive.

Let us hope that the Appeals Court sees through the smoke and mirrors.

It must be nice to be David Capeless and to have no conscience. As a result, he probably sleeps like a baby every night.

-Bob

----- Original Message -----

From: bob@freebaran.org

To: bobchatelle@gmail.com

Sent: Tuesday, January 22, 2008 11:05 AM

Subject: Berkshire Eagle: Appeal set for Baran ruling

This article link was mailed to you by: bob@freebaran.org

I thought you might find this article of interest.

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Appeal set for Baran ruling - By Jack Dew, Berkshire Eagle Staff

Tuesday, January 22

PITTSFIELD — Bernard J. Baran, who has been free on bond since a Superior Court judge overturned his child molestation conviction in June 2006, will have another day in court next month when the Appeals Court will hear oral arguments on his case. View Full Story

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Bernard Baran Hearing Date Set

Bee called me this afternoon. The Applellate Court has set a date to hear DA Capeless's appeal of Judge Fecteau's decision to grant him a new trial. The hearing will take place on February 12th in Boston at the Suffolk County Courthouse. The hearing time will be 9:30 a.m.

I hope that we can get a good showing of supporters to the hearing.

-Bob

Baran's Lawyers Respond to DA

On Monday, Bernard Baran's lawyers filed their response brief to the Berkshire County DA. David Capeless is seeking to prevent Bee's new trial so that Bee can be sent back to prison. In Massachusetts, where politics often trumps justice, we can at least pray that Capeless will fail.

I received the brief this morning from Bee's attorneys. I put it online at http://www.freebaran.org/Brief071029.html

-Bob Chatelle

After Innocence on Showtime Too 10/09/07

Dennis Maher informs me that the award-winning documentary, After Innocence, will be shown on Showtime Too tomorrow afternoon. Dennis told me three p.m., but the online schedule says 4 p.m. Eastern/Pacific time. So you may want to tune in early or double check the time.

The documentary concerns the post-prison lives of 8 men who were exonerated by DNA evidence. Dennis is one of the 8.

This movie will be of particular interest to members of this list, because Dennis was one of Bernard Baran's closest friends in prison and they have remained very close since Bee's release.

-Bob Chatelle