Frederick A. Lantz
(413) 443-5951

David F. Capeless

District Attorney

At a Tuesday morning press conference, District Attorney Capeless gave the following statement:

“After careful consideration, I have decided to no longer prosecute the case against Bernard Baran.  My decision is not based upon any judgment that Baran did not do what he was convicted of by a jury twenty-four years ago.  In fact, I remain convinced that those twelve jurors delivered a correct verdict.

I acknowledge that there were mistakes made back in 1984 and 1985.  But the passage of twenty-four years has done more to damage any further prosecution of the case than anything that happened back then.  The damage that has occurred to the memories of witnesses, and the damage that will occur from bringing forth the remaining memories of the victims compel me to realize that going forward is not in the interests of justice

Since inheriting this case five years ago, I have tried to do fulfill my responsibilities as District Attorney.  I have carefully reviewed all the available material connected to the case.  And I have made professional judgments that were in the interests of justice.  Not necessarily to protect a conviction, but to do what I felt was right.  Those decisions did lead me to pursue the available legal avenues to maintain the verdicts – in the Trial Court and the Appeals Court.  That argument has not been successful, and I accept the decisions of the courts.

My decision today is made foremost in the best interests of the victims – each of them now a young adult.  Twenty-four years ago, the investigation and prosecution were undertaken for their benefit.  What I do today, as best I can, is also for their benefit.

I have legitimate concerns about their ability to accurately recall events of twenty-four years ago.  But I have an even greater concern for the damage those recollections might cause.

My conversations with them, during the past five years and most recently, have made clear to me that the pain they endured was real.  For those who have been able to put the pain behind them, I do not want to bring it back.  For those who could not put the pain behind them, I do not want to deepen the trauma.

Today my thoughts are with them, and I want to speak about them and for them.  Up to now, this matter has been all about Bernard Baran.  Today, it is about the victims: their courage then - as young children who testified in court; and, their continued courage now – as adults carrying on with their lives.

Each expressed concern for the welfare and the feelings of the others, and only reluctantly talked about his/herself.  They all want to do what is best, and they each are in accord with my decision.

They each know that what happened to them twenty-four years ago was very real.  They each also expressed an appreciation that the twenty-plus years Baran spent in prison were just as real.  For them, there has been a real measure of justice.  Now, it is time to put this behind us.”