UPDATE! - Abuse Hysteria in Maine: The Ghost of Michael Nifong
source: http://www.saveservices.org/abuse-hysteria-campaign/
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- MotherForTruth
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This Week’s Alert:
SAVE has filed a Complaint with the Maine Board of Overseers of the Bar. The Complaint concludes:
“Mary Kellett’s repeated instances of prosecutorial misconduct has had the effect of undermining public respect for law. She is dangerous to the even-handed administration of justice. Kellett has been shown to be an enabler of a known perpetrator of child abuse. Therefore, prosecutor Kellett’s actions demand disbarment by the Maine Board of Overseers of the Bar in order to assure the safety and tranquility of the citizens of Maine.”
The entire 8-page Complaint can be seen here: http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf
SAVE has also sent a letter to Gov. Paul R. LePage, requesting that he “intervene to restore justice and to protect the interests of vulnerable children whose lives will be irrevocably affected by the outcome of this case:” http://www.saveservices.org/wp-content/uploads/LePageLetter3.28a.2011.pdf
SAVE now invites you to speak out and bring about change. We call on persons to contact Governor LePage with a message like this: “For the sake of the children and for the sake of justice, please assure that Mary Kellett is relieved of her prosecutorial duties and disbarred from the practice of law.”
Maine’s criminal justice system is on a mission to stop domestic violence. This certainly would be laudable if the effort was:
Grounded in Valid Research
Women are as likely, if not more likely, than men to initiate physical aggression with their intimate partners, according to hundreds of studies by the U.S. Centers for Disease Control and other organizations (1, 2).
Compliant with Ethical Principles
According to the Maine Board of Overseers of the Bar, “A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence.” (3)
Respectful of Civil Liberties
The Bill of Rights guarantees certain rights and protections to American citizens, including equal treatment under the law, due process (such as right to a fair trial), and probable-cause before arrest (4).
Unfortunately in the State of Maine, none of these hold true in the area of domestic violence. Indeed, the situation is more grave than what happened at Duke University because it has persisted over a far longer period of time and has harmed the lives of many more persons:
1. Prosecutorial Misconduct
Assistant District Attorney Mary Kellett has prosecuted dozens of innocent citizens on allegations of domestic violence and rape. She has flagrantly violated the above-stated ethical principle to be a “minister of justice.”
2. Supreme Court Action
One of the persons falsely accused is Vladek Filler, a father, small business owner, and long-time resident of Maine. On January 15, 2009, Mr. Filler was convicted on three counts of assaulting of his former wife, Ligia. But 21 months later the Maine Supreme Court ordered a re-trial on the basis that ADA Mary Kellett had sought to exclude key evidence that would have served to establish Filler’s innocence (5). More information on the case can be seen here: http://www.fillerfund.com/
3. No-drop Prosecution
Many prosecutors in Maine follow a “no-drop” prosecution policy. For example, one District Attorney promises on her website, I will “vigorously prosecute all cases” (6). Such policies flaunt the Board of Overseers ethical requirement that prosecutors not pursue a criminal charge “that prosecutor knows is not supported by probable cause.” (7).
4. Predominant Aggressor
The Maine Criminal Justice Academy has developed a curriculum for law enforcement personnel, “Identifying Predominant Aggressors in Domestic Violence Cases.” A SAVE analysis of the curriculum concluded, “Given its numerous misrepresentations of fact and dubious recommendations, the Maine document cannot be viewed as a credible law enforcement resource.” (8)
Every false allegation, every wrongful arrest, and every trivial prosecution takes away sorely needed services and protections from the real victims. We are calling on Governor Paul LePage and representatives of the criminal justice system – particularly policemen, prosecutors, and judges — to assure truth and justice are safeguarded in the State of Maine.
References
1. Whitaker DJ et al. Differences in frequency of violence and reported injury between relationships with reciprocal and nonreciprocal intimate partner violence. American Journal of Public Health, Vol. 97, No. 5, 2007.
2. Fiebert ML. References Examining Assaults by Women on their Spouses or Male Partners. California State University, 2010. http://www.csulb.edu/~mfiebert/assault.htm
3. Maine Board of Overseers of the Bar. Special Responsibilities of a Prosecutor. Comment. http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_bar_rules&am...
4. Stop Abusive and Violent Environments. Are Domestic Violence Policies Respecting our Fundamental Freedoms? Rockville, MD. 2010. http://www.saveservices.org/downloads/SAVE-Assault-Civil-Rights
5. Maine Supreme Judicial Court. State of Maine v. Vladek Filler. Decided September 9, 2010. www.courts.state.me.us/court_info/opinions/
6. Office of District Attorney Carletta M. Bassano. www.da7.org/aboutda.htm . Accessed March 22, 2011.
7. Maine Board of Overseers of the Bar. Special Responsibilities of a Prosecutor. 3.8(a) http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_bar_rules&am...
8. Stop Abusive and Violent Environments. Predominant Aggressor Policies: Leaving the Abuser Unaccountable? Rockville, MD. 2010. http://www.saveservices.org/downloads/Predominant-Aggressor-Policies
SAVE has filed a Complaint with the Maine Board of Overseers of the Bar. The Complaint concludes:
“Mary Kellett’s repeated instances of prosecutorial misconduct has had the effect of undermining public respect for law. She is dangerous to the even-handed administration of justice. Kellett has been shown to be an enabler of a known perpetrator of child abuse. Therefore, prosecutor Kellett’s actions demand disbarment by the Maine Board of Overseers of the Bar in order to assure the safety and tranquility of the citizens of Maine.”
The entire 8-page Complaint can be seen here: http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf
SAVE has also sent a letter to Gov. Paul R. LePage, requesting that he “intervene to restore justice and to protect the interests of vulnerable children whose lives will be irrevocably affected by the outcome of this case:” http://www.saveservices.org/wp-content/uploads/LePageLetter3.28a.2011.pdf
SAVE now invites you to speak out and bring about change. We call on persons to contact Governor LePage with a message like this: “For the sake of the children and for the sake of justice, please assure that Mary Kellett is relieved of her prosecutorial duties and disbarred from the practice of law.”
Maine’s criminal justice system is on a mission to stop domestic violence. This certainly would be laudable if the effort was:
Grounded in Valid Research
Women are as likely, if not more likely, than men to initiate physical aggression with their intimate partners, according to hundreds of studies by the U.S. Centers for Disease Control and other organizations (1, 2).
Compliant with Ethical Principles
According to the Maine Board of Overseers of the Bar, “A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence.” (3)
Respectful of Civil Liberties
The Bill of Rights guarantees certain rights and protections to American citizens, including equal treatment under the law, due process (such as right to a fair trial), and probable-cause before arrest (4).
Unfortunately in the State of Maine, none of these hold true in the area of domestic violence. Indeed, the situation is more grave than what happened at Duke University because it has persisted over a far longer period of time and has harmed the lives of many more persons:
1. Prosecutorial Misconduct
Assistant District Attorney Mary Kellett has prosecuted dozens of innocent citizens on allegations of domestic violence and rape. She has flagrantly violated the above-stated ethical principle to be a “minister of justice.”
2. Supreme Court Action
One of the persons falsely accused is Vladek Filler, a father, small business owner, and long-time resident of Maine. On January 15, 2009, Mr. Filler was convicted on three counts of assaulting of his former wife, Ligia. But 21 months later the Maine Supreme Court ordered a re-trial on the basis that ADA Mary Kellett had sought to exclude key evidence that would have served to establish Filler’s innocence (5). More information on the case can be seen here: http://www.fillerfund.com/
3. No-drop Prosecution
Many prosecutors in Maine follow a “no-drop” prosecution policy. For example, one District Attorney promises on her website, I will “vigorously prosecute all cases” (6). Such policies flaunt the Board of Overseers ethical requirement that prosecutors not pursue a criminal charge “that prosecutor knows is not supported by probable cause.” (7).
4. Predominant Aggressor
The Maine Criminal Justice Academy has developed a curriculum for law enforcement personnel, “Identifying Predominant Aggressors in Domestic Violence Cases.” A SAVE analysis of the curriculum concluded, “Given its numerous misrepresentations of fact and dubious recommendations, the Maine document cannot be viewed as a credible law enforcement resource.” (8)
Every false allegation, every wrongful arrest, and every trivial prosecution takes away sorely needed services and protections from the real victims. We are calling on Governor Paul LePage and representatives of the criminal justice system – particularly policemen, prosecutors, and judges — to assure truth and justice are safeguarded in the State of Maine.
References
1. Whitaker DJ et al. Differences in frequency of violence and reported injury between relationships with reciprocal and nonreciprocal intimate partner violence. American Journal of Public Health, Vol. 97, No. 5, 2007.
2. Fiebert ML. References Examining Assaults by Women on their Spouses or Male Partners. California State University, 2010. http://www.csulb.edu/~mfiebert/assault.htm
3. Maine Board of Overseers of the Bar. Special Responsibilities of a Prosecutor. Comment. http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_bar_rules&am...
4. Stop Abusive and Violent Environments. Are Domestic Violence Policies Respecting our Fundamental Freedoms? Rockville, MD. 2010. http://www.saveservices.org/downloads/SAVE-Assault-Civil-Rights
5. Maine Supreme Judicial Court. State of Maine v. Vladek Filler. Decided September 9, 2010. www.courts.state.me.us/court_info/opinions/
6. Office of District Attorney Carletta M. Bassano. www.da7.org/aboutda.htm . Accessed March 22, 2011.
7. Maine Board of Overseers of the Bar. Special Responsibilities of a Prosecutor. 3.8(a) http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_bar_rules&am...
8. Stop Abusive and Violent Environments. Predominant Aggressor Policies: Leaving the Abuser Unaccountable? Rockville, MD. 2010. http://www.saveservices.org/downloads/Predominant-Aggressor-Policies
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- tags:
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