The wife of a man accused of sexually assaulting 13 infants and toddlers was told that she would be disqualified from getting an in-home child care license because of her husband's sex offender status in 2009, court documents show.
Court documents say the Mass. Department of Early Education discovered Marian Burbine was discovered to be providing in-home care to a five-year-old without a license, through the course of an investigation into allegations of sex abuse by her husband.
The investigation was conducted in 2009, after John Burbine was accused of inappropriately touching the five-year-old. The Mass. Department of Children and Families referred the case to the EEC.
An investigator for the EEC told Marian Burbine that given that background checks would be conducted on John Burbine and that he was a level one sex offender, it would be unlikely she would be given a license to provide care for children in her home.
Heather Johnson, a spokeswoman for the state Department of Early Education and Care, said Thursday that the Burbines never applied for a day care license and never got one.
The DCF also told Burbine that the department was supporting allegations of sexual abuse by John Burbine and neglect on her part.
The report says that several months later, Burbine showed up at the DCF office in Malden and told investigators that she was upset to learn about her husband's prior conviction and that he was a registered sex offender.
Burbine told investigators that she tried to learn more about her husband's conviction from the Sex Offender Registry Board but was not able to, according to the documents.
She also told investigators that she desperately wanted to have children with her husband, but had reservations following the 2009 investigation.
In December 2009, Marian Burbine disputed the neglect allegations made about her saying that prior to the investigation earlier in the year she had no knowledge of her husband's prior conviction or of an investigation that was conducted about him in 2005.
According to the documents, John Burbine was accused in 2005 of inappropriately touching a seven-year-old while performing a lewd act.
"When allegations of abuse by Mr. Burbine were alleged in 2005 and 2009, the Department made the appropriate referrals to the District Attorney's office for further investigation," a spokesperson for the Massachusetts Dept. of Children and Families told Fox 25. "For information on those investigations, please contact the District Attorney's office."
No charges were ever filed against John Burbine by the district attorney's office due to a lack of evidence.
After an investigation into John Burbine following a complaint in July 2012, they discovered that in 2010 Marian Burbine began informing clients at the Boston Sports Club in Lynnfield that she planned to open a business that would offer a number of educational and child-caring services.
Investigators said they learned that between August 2010 and July 2012 Marian Burbine referred John Burbine to provide child care services for at least 12 children.
Marian Burbine was indicted in September on child endangerment charges.
Meanwhile, investigators said John Burbine had sexually abused and videotaped the abuse of 13 children, some as young as 8 days old.
He faces 100 charges related to sexual abuse of children including 40 counts of aggravated forcible rape of a child, subsequent offense.
Burbine's attorney, William Barabino, said Thursday that the defendant will plead not guilty at his Dec. 12. arraignment. A judge previously ordered the defendant held without bail.
According to Barbino, Burbine grew up in Wakefield, where his father was a police officer. He said John and Marian Burbine have been married for nearly 20 years. The couple does not have children. Burbine has a master's degree in management from Lesley University in Cambridge, Barabino said.
The lawyer also said his client had worked at a sporting goods store in Reading and as an adjunct professor at North Shore Community College in Danvers teaching an introductory computer class.
College spokeswoman Linda Brantley said the school fired Burbine following his arrest.
The Associated Press contributed to this report.
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