John Burbine of Wakefield is accused of molesting children at his wife's day care center. Credit: Middlesex District Attorney
While a judge on Wednesday denied an accused child sex offender's offer to undergo castration in exchange for a reduced jail sentence, the man's lawyer has not ruled out the possibility of bringing up the issue again.
Attorney William Barabino said a judge denied his motion without prejudice, meaning it can be brought up again, likely at a potential sentencing hearing.
"The judge left an opening here and I appreciate what she's done," Barabino said in a telephone interview after Wednesday's hearing in Middlesex Superior Court.
Barabino said he first brought the idea to Burbine who then supported it. If found guilty, Burbine will likely end up spending the rest of his life in jail. Burbine would only go through with the castration if he is able to get a "massive" reduction in sentence, said Barabino, who suggested a 15 year sentence with the castration.
"We have an obligation to make sure we exhaust every avenue other than trial, especially given the nature of the evidence," Barabino said.
Burbine was arrested last year after he was charged in a 100-count indictment for the abuse of children. Authorities said the 49-year-old raped and assaulted 13 boys and girls between the ages of 8 days and 3 1/2 years old. Authorities also said he had access to the children through an illegal daycare center operated by his wife.
At his arraignment in December, Burbine pleaded not guilty.
Following the charges, then-Middlesex District Attorney Gerry Leone called the case "among the most troubling and disturbing" child abuse cases ever prosecuted in the county.