Release: Man charged in alleged rape of children

The following press release was sent out by the Middlesex District Attorney's office on Thursday:

WOBURN -- A Wakefield man has been indicted on 100 counts of charges related to rape and sexual abuse of more than a dozen young children in their own homes having gained access to many of the children through a child care service operated by his wife, Middlesex District Attorney Gerry Leone informed the public today.

John Burbine, 49, of Wakefield has been indicted by a Middlesex Grand Jury on charges of aggravated forcible rape of child, subsequent offense (40 counts), aggravated indecent assault and battery on a child, subsequent offense (17 counts), posing a child in a state of nudity (12 counts), posing a child in sexual conduct (11 counts), possession of child pornography (13 counts), dissemination of material harmful to a minor (2 counts), and operating an unlicensed child care program.

Burbine will be arraigned December 12, 2012 at 9 a.m. in Middlesex Superior Court.

“This is among the most troubling and disturbing cases of child abuse ever prosecuted in Middlesex County. This defendant is accused of sexually assaulting more than a dozen children in his care, cruelly violating them and painfully betraying the trust of their parents,” District Attorney Leone said. “He committed these unspeakable crimes in the victims’ homes and communities. Further, the defendant filmed the repeated, unthinkable abuse. The defendant gained access and opportunity to abuse young children through advertising child care services with his wife, who operated a tutoring and child care business, which was not licensed. Children are our most vulnerable victims and we will continue to prosecute to the fullest extent those who harm or exploit them.”

According to authorities, it is alleged that the defendant raped and sexually assaulted boys and girls who were in his care, many of whom were abused multiple times over several months or years. The investigation has revealed that the defendant allegedly assaulted 13 infants and young children from August 2010 through August 2012.

The alleged assaults took place in the victims’ homes and communities. The defendant and his wife advertised child care and tutoring services on various websites including parenting websites and coupon service websites. The defendant and his wife also transported children to another family’s home for day care and ran a summer activities program in which they took children to various places.

In addition, the investigation revealed evidence that the defendant allegedly possessed on his home computer images and videos of the 13 infants and young children posed in various states of nudity and engaged in sexual acts. It is alleged the defendant videotape recorded the assaults on the victims.

The victims, ranging in age from eight days old to three and half years old during the time of the abuse, are from Stoneham, Medford, Newton, Reading, Melrose, Woburn, and Waltham.

The defendant’s wife, Marian Burbine, 46, of Wakefield, has been indicted by a Middlesex Grand Jury on charges of reckless endangerment of a child (6 counts) and operating an unlicensed day care business (two counts). Marian Burbine operated a business called Waterfall Education Center, which advertised a number of child care services including short and long term child care, group child care, overnight newborn care, and summer camp alternative care. Waterfall Education Center was not licensed by the Department of Early Education and Care, as required by law.

Marian Burbine was arraigned October 1 in Middlesex Superior Court in Woburn. Middlesex Superior Court Assistant Clerk Magistrate Matthew Day ordered Marian Burbine held on $1,000 cash bail with the following conditions of release: wear a GPS monitoring device; confined to home from 6 p.m. to 8 a.m. Monday through Friday and on weekends; no contact with any victims, clients or former employees; and no contact, employment or volunteer work involving children under the age of 16.

Marian Burbine’s next court date is December 20 for a pre-trial hearing.

It is alleged that John Burbine often assisted his wife in caring for young children, including providing care for children without his wife being present. It is alleged that Marian Burbine would tell parents that her husband was assisting her in the care of the children and assure parents that he was an experienced and problem-free babysitter. It is presently alleged that the rapes and abuse occurred outside the presence of the wife and without her knowledge.

John Burbine was arrested September 28 in Reading by State Police assigned to the Middlesex District Attorney’s Office after an investigation into allegations of unlicensed child care of Waterfall Education Center uncovered evidence of a sexual assault on a child. He was arraigned October 5 in Malden District Court where Malden District Court Judge Lee Johnson ordered the defendant held without bail under the dangerousness statute. The defendant was also charged with 10 counts of possession of child pornography and ordered held on $100,000 cash bail. Following his arrest, the Middlesex District Attorney’s Office discovered more victims as well as video evidence allegedly showing the assaults on the victims leading to his indictment today.

The investigation remains ongoing. The case is being investigated by the Middlesex District Attorney’s Office Child Abuse and Cyber Protection Units, State Police assigned to the Middlesex District Attorney’s Office and the Wakefield Police Department in conjunction with the Department of Early Education and Care and the Department of Children and Families.

Members of the public who may have information that could be helpful to the investigation can contact the Middlesex District Attorney’s Office Child Abuse Unit at 781-897-8400.

These charges are allegations, and the defendants are presumed innocent until proven guilty.

The prosecutor assigned to this case is Assistant District Attorney Katelyn Draper, assisted by Assistant District Attorney Steven Hoctor. The Victim Witness Advocate is Rebecca Auld. The Child Interview Specialist is Katie Nugent.