One of the reasons Baran deserves a new trial, his lawyers argue, is that videotaped interviews of his young accusers used by prosecutors to obtain a grand jury indictment had been edited to remove statements supporting Baran's claims of innocence. Here are two excerpts from an interview a rape crisis counselor had with a 3-year-old boy in the case. The first excerpt was played for the grand jury, Baran's lawyers say, but the second was not.
Q. Can you tell me why you had to go to the hospital? What was wrong with your pee pee? You showed me, yeah, can you, you showed me.
A. I said it hurt.
Q. ... [Boy's name], did somebody touch you on your pee pee?
A. Um, what's that thing up there? That thing? [Points to something off camera.]
Q. I don't know. I'll tell you what, if we could talk for a few minutes, then I'll go get it and bring it down, okay?
Q. Would that be okay? Could you tell me who touched you on your pee pee?
A. Right there.
Q. Yeah, who did that to you?
Q. But if you could tell me a little bit more about what Bernie did to you.
A. He didn't do nothing.
Q. Yeah, I know, you showed me. You showed me where he pulled down your pee pee stick.
A. He didn't now.
Q. He didn't do it now, though. Did he, did he do it more than one time, do you know?