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Reading Victim in Child Sex Crime Linked To Wakefield Day Care Business

John Burbine, 49, is a level 1 sex offender accused of filming himself in various sexual activities with young children.

A Wakefield husband and wife are facing numerous charges in connection with an illegal day care service that subjected at least 13 children - one of them just days old - to horrific sexual abuse that was recorded on video. 

On Thursday, Middlesex District Attorney Gerry Leone announced the indictments of Wakefield residents John Burnbine, 49, and his wife, Marian Burbine, 46. The two were proprietors of the Waterfall Education Center, which reportedly offered home-based services to clients ranging from day care to group care and tutoring and babysitting. The business reportedly had some employees as well, although Leone indicated that no complicity has been found at this point among them.

"In my 14 years in Middlesex County, I have never seen a case this bad," Leone told area media at a Thursday press conference in Woburn.

Combined, the two defendants were indicted on more than 100 charges. John Burbine is facing 40 counts of aggravated forcible rape of a child, subsequent offense, 17 counts of indecent assault and battery on a child, 12 counts of posing a child in a state of nudity, 11 counts of posing a child in sexual conduct, 13 counts of child pornography, 2 counts of dissemination of material harmful to a minor, and one count of operating an unlicensed day care program.

For her part, Marian Burbine faces 6 counts of reckless endangerment of a child, and two counts of operating an unlicensed day care business.

According to the DA, this case covers abuse allegations occurring from August, 2010 to August 2012. Child victims allegedly ranged in age from 8 days old to 3.5 years old. The victims are reportedly from Reading, Stoneham, Medford, Newton, Melrose, Woburn, and Waltham.

A complaint against Mr. Burbine received back in July was also deemed not prosecutable at the time, reported Leone - but it also gave authorities the break they needed to keep the investigation of the day care service going. That's because once they knew about the illegal day care service, authorities were able to get a cease and desist order for the business, as well as a search warrant for the defendants' home and business. During this search, Leone reported that a large number of videos and photos allegedly showing the abuse were discovered. Mrs. Burbine was charged on October 1, while Mr. Burbine was arrested September 28, said Leone.

For now, Leone said that Mrs. Burbine is not charged with knowingly allowing the abuse to happen. However, he noted that along with allegedly running the illegal daycare service, she would have been aware of abuse allegations made against her husband in 2005 and 2009, which turned out not to be prosecutable, as well as his record as a sex offender. Leone suggested that in those matters, the very young age of the alleged victims may have made prosecution impractical.

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Many of these assaults also allegedly took place at the homes of the victims - apparently this business was set up more like a babysitting service where they would go to clients' homes. The two have a residence on Second Street in Wakefield and their business address was on Lincoln Street. The two reportedly do not have children of their own.

Leone also noted that in 1989, Mr. Burbine was convicted of indecent assault and battery, but that under state law, was classified as a Level 1 Sex Offender - which is the kind deemed least likely to repeat.

"It is our firm intention that he will be convicted for these crimes and he will never get out of jail," said Leone, noting that some of the victims are "irreparably damaged."

Mrs. Burbine is due back in court Dec. 20 while a court date for Mr. Burbine is not yet established.

And while authorities so far are investigation abuse against 13 children, Leone noted that "scores" of children had been in the care of the Burbines at some point. With that in mind, those who still have allegations to report involving this matter are encouraged to come forward, added the District Attorney.

Joe Veno December 07, 2012 at 12:18 AM
If they are found guilty I can not put into words what I would like to see happen to them !!!
Kelly December 07, 2012 at 12:34 PM
How is this possible in the state of MA? Years ago when my 3 children were young, I had a "family daycare" in my home. Before computers and the licensing was very strict..which I welcomed, hoping the families felt comfortable and safe with the environment..Who in MA is responsible for protecting the children that go into someones home for daycare these days? This guy was accused in 2005 and 2009 and now it's 2012.......this is a very sick couple. My heart goes out to the families, I can't even imagine what they are going through......
Rob December 07, 2012 at 03:14 PM
How is this possible in the state of MA? Well part of the problem is that the state kept the fact that he was on the sex offender registry a secret. If that information had been public, I would think this would have come out sooner.
Rob December 07, 2012 at 03:15 PM
And anyone that's against the death penatly in a case like this deserves it themselves.
Joe T. Plumber December 07, 2012 at 04:20 PM
(1) How is this possible in the State of Massachusetts? Hmmmmm...Rob because we live in the most liberal state in the country and we tolerate this behavior. Nothing is going to happen to John Burbine if he is convicted other than jail time, and he will get out some day. (2) Anyone against the death penalty in this case deserves it themselves!.......Hmmmmm.....We abolished the death penalty some time ago in Massachusetts!......Rob....You would have to execute more than half the people in this state who dissagree with you! Rob...Tell the truth!....You voted for Obama didn't you? It's ok....What is happening here is Rob is that you are being transformed from a Democrat into a Republican...Like a caterpillar blossoming into a beautiful butterfly...The transformation begins once age of awareness sets in! Shame what happened to those kids!
Dave Miskinis December 07, 2012 at 04:49 PM
My question is - what is the state really doing with our tax dollars? It is obviously not monitoring it's own drug lab, nor drug compounders, nor sex offenders, nor day care safety, nor taking pains to properly qualify the state saftey commissioner (the Governor didn't even know who hired her!!!!!), nor the probation department, nor public transportation (T) saftey. It goes on and on and on ..........
Uncle Samual December 07, 2012 at 05:40 PM
Dave, that is an important question and let me see if i can address your concerns. You see, your tax dollars (your wealth) are being redistrubuted to help other more deserving people that are less fortunate than you. If there is anything left over well I will see to it that we organize a committee to look into your concerns. In the meantime please keep working hard because tax time comes right after the holidays. I want to make sure there is something left so I can hand out free phones at the next election!
Rob December 07, 2012 at 05:47 PM
I was responding to Kelly's comment above where she asked "How is this possible...". Then I tried to explain how it's possible (obviously not clearly). Not an Obama voter here, and I stand by my comment for anyone that doesn't think he should be executed.
Howie Doohan December 07, 2012 at 05:49 PM
Joe, I'm disgusted that you could even joke about this. This isn't the time to get into a political argument of Democrats & Republicans. You seem to be a heartless, unsympathetic person. These children have been victimized, and you find it funny to come on the Patch and say, "what a shame!" Imagine if it was your 8 day old child who was abused.
Walter Hutchinson December 07, 2012 at 06:16 PM
Howie is Joe is right. That individual if convicted will go to a place segregated from all others because he is at risk. He is going to be put in with his own kind just like the coach at Penn State. That is not punishment. So long as there is no fear of corporal punishment or the death penalty then this state will continue to see these kinds of crimes. Remember the Fells Acre Day Care Center. History tends to repeat itself.
Robin McNulty December 07, 2012 at 06:30 PM
That's not a punsishment it's a reward! It's like a hall of fame for sexual preditors! Who makes these laws?
Derrick Hudson December 07, 2012 at 06:36 PM
The laws in this state need to be updated n much stricter. Lawmakers are out of touch n we need to make them aware of the reality of the situation.
Derrick Hudson December 07, 2012 at 06:38 PM
The laws in this state needs to be updated n enforced. Lawmakers must take the steps now to rewrite the laws n provide the strictest penalties allowed to discourage this reprehensible behavior.
Anthony Rosario December 07, 2012 at 06:43 PM
That is the whole point Howie. The controlling party on law and punishment in Massachusetts has been the Democrats! As sarcastic as Joe's message may have come across he is right. Put me with Joe and Walter.
Anthony Rosario December 07, 2012 at 07:23 PM
Out of touch! Make them aware! Derrick they just got re-elected in November. The one guy (Scott Brown R) from Wakefield that could understand the plight some of these kids will have to deal with because he was molested as a child, was not re-elected. He could have led the fight for reform but lost to a woman that lied and said she was part indian to gain sympathy votes.
Emily M December 07, 2012 at 07:24 PM
that's precious. i rate this troll 2/10
Santa December 07, 2012 at 09:59 PM
Howie it's a big world out there. You need to get a life!
Adam December 08, 2012 at 03:41 PM
As long as 'Free them all Deval' is in office... Nothing will change. I bet the wife gets a slap on the wrist because she will probably get immunity for flipping on her husband. The guy will probably get a private air conditioned cell in the summer and heated in the winter... He wont be able to be in general population because it will be a security risk for him. The cell will have cable (probably HD) so he can watch Nickolodeon and the Disney channel all friggin' day so he can feed his sick perversions. I like to think things will change... But they won't.
Glenn Thompson December 08, 2012 at 05:27 PM
As reported last night on the news Deval Patrick proposed a law change over a year ago that would allow a level one sex offender info to be released to the public which would have potentially affected this case. The bill got lost in the legislature as politics took over (I will support your bill but you have to support mine) and it died. Sad to say because our laws lagged behind what the feds required us to have we lost $350,000 in Federal grant money. I don't blame the governor on this, it was our democratically controlled legislature on Beacon Hill.
Maureen Lee December 08, 2012 at 07:39 PM
Sorry, but you AND the governor are very naive.. Not only does the sex offender registry NOT work, but the existence of it not only puts the public MORE at risk , it is also a waste of BILLIONS of dollars of TAXPAYERS MONEY! The more people labeled "sex offender" the more millions the SORB gets to pay for the cushy 200K jobs of the incompetent people on the SORB. THEY are the problem. Last I checked one of the board members was a manicurist, and another, a house painter. These incompetents are so busy labeling people that don't deserve to be labeled, to keep the money coming in, the "sex offenders" who are ACTUALLY dangerous slip through the cracks, and get away with it, because they know someone.. The sex offender registry should be done away with, and the laws should be changed for child rapists to NEVER get out of prison. ACCORDING TO THE SORB'S RULES, a child molester is NOT a level 1. Level 1 is for someone urinating on the side of the highway! And you want these people's names to be made public?? Well hopefully, you or the governor are on the highway someday and can't make it to the bathroom, with a state cop near by! Oh, but then, I forgot, doctors who rape women are classified level 1, and cops who rape children don't have to register at all, so obviously the governor won't have to either. . http://www.aninchfrommurder.com/blog/archives/2005/05/outrage_follows.php WAKE UP EVERYBODY!
Mistletoe Man December 10, 2012 at 10:02 PM
Maureen I can sense the frustration in your tone! You are definitely chewing ice!

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