tagged w/ Mary Kellett
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Bar Harbor Maine prosecutor faces disbarment for prosecuting innocent men for rape
A Bar Harbor Maine prosecutor faces historic proceedings after the state Board of Overseers of the Bar Counsel issues a rare recommendation of finding probable cause of prosecutorial misconduct following a 7 month long investigation. Assistant district attorney Mary N. Kellett has been accused of prosecuting dozens of men for sex crimes even when evidence of their innocence was established. Several prosecuted men were accused by their wives or girlfriends in the course of their divorce or child custody disputes. The complaints investigated by the Bar Counsel Scott Davis cited witness and evidence tampering and presentation of false facts and evidence before the Court by prosecutor Mary N. Kellett.
The misconduct first came to light in the case of Vladek Filler, a husband accused of sexual misconduct by his estranged wife during their divorce and child custody battle in the Bar Harbor area http://www.renewamerica.com/columns/roberts/110410. Filler won and maintained sole custody of his children during two criminal prosecutions for spousal rape and the prosecutor’s appeal to the Supreme Court http://www.saveservices.org/wp-content/uploads/3.30.11pressrelease.pdf.
Renowned private investigator TJ Ward of the Natalie Halloway Aruba case conducted a two year investigation of the Filler rape case and called it a “fabrication,” publicly criticizing prosecutor Mary Kellett’s conduct http://ncfm.org/wp-content/uploads/2011/04/110407-NCFM-press-release-re-Vladek-Filler-in-Maine.pdf. The Maine Supreme Judicial Court followed with a decision noting prosecutor’s misconduct in the case http://www.courts.state.me.us/court_info/opinions/2010%20documents/10me90fi.pdf, and numerous complaints to the State of Maine’s Board of Overseers of the Bar followed http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf.
The Filler case shed light on numerous prosecutions of innocent men http://fillerfund.com/marykellett.htm in this small New England community which have been dubbed “The modern day Salem witch trials” http://fillerfund.com/. Even on the eve of Board of Overseers Commission meeting concerning prosecutor Mary Kellett’s misconduct, new charges surface of witness tampering and misinforming the Court. The misconduct resulted in a mistrial and in the office of Attorney General’s office publicly pointing at prosecutor Mary Kellett http://bangordailynews.com/2011/08/18/news/hancock/blue-hill-man-seeks-case-dismissal-over-bad-information-from-prosecutors/. A Voice for Men, an advocacy organization, is calling for disbarment of attorney Mary Kellett by the Board of Overseers of the Bar, and for her immediate suspension in the interim by the Hancock County District Attorney Carletta Bassano.Bar Harbor Maine prosecutor faces disbarment for prosecuting innocent men for rape
A... more
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When I think our judicial system cannot get any worse I am often surprised by the reasons it is worse than I thought. Here is an example of one of the cases I have been following.
A woman with a history of violence against her children and her husband decided to punish her husband for a decision to leave their abusive relationship (after 16 years of marriage) and protect his children and himself from her abuse. At first she reported to police that her husband molested their children. But a police investigation did not support her wild story. So she came up with another story and claimed her husband raped her. Apparently Maine prosecutors can proceed with rape charges without ANY evidence. All that is needed is the accuser's testimony.
This video clip reveals that the wife who claimed marital rape was coached by her friend when the investigator briefly left the room. The friend is heard telling her that she should cry for the story to be believable!!!!
There are many dishonest people. But what is really unbelievable is that prosecutor Mary N. Kellett and DA Carletta M. Bassano have evidence proving this man is innocent and yet the DA’s office continues to prosecute an innocent man. This even after the Maine Supreme court ruled prosecutorial misconduct and the divorce judge ruled that the children must reside with their farther for protection from their mother.
Please watch the video and sign the petition to disbar ADA Mary Kellett! Here are excerpts from this article:
"Ligia Filler is being coached on her statement to police, reportedly by a female friend...
As you can see for yourself there is an acute awareness that tears play an important role in the credibility of a statement to police. Well, that and lip gloss.
I also could not help but notice that Filler claims to be doing this not for justice or out of outrage that she was raped by her husband, but “for her children.”
Those would be the same children she abused.
... she’s doing this for the children. And there may be some truth to that given that at the time, she was involved in a dispute for possession of the children.
Not for the children, but for who gets to own them. And in Ligia’s case, this would clearly mean the right to continue their abuse.
Also, reportedly both women denied the existence of this conversation until the tape was produced at trial, when they suddenly found their memories."
http://www.avoiceformen.com/2011/04/14/ligia-filler-getting-coached-on-making-her-story-seem-real/
Here is a petition to "Disbar Assistant District Attorney Mary Kellett for Prosecutorial Misconduct" http://www.change.org/petitions/disbar-assistant-district-attorney-mary-kellett-for-prosecutorial-misconduct#?opt_new=t&opt_fb=tWhen I think our judicial system cannot get any worse I am often surprised by the... more
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April 10, 2011
I've reported over the years on the problems facing our nations' abuse shelters, including funding woes, over-worked staff, loosey-goosey procedures, and even illegal conduct. But nowhere have I seen what I'm going to reveal about the Next Step, a shelter located near Bar Harbor in lobster-addled Maine...
On March 15, 2007, the Maine Coalition to End Domestic Violence unveiled three ambitious bills. One bill would create a new class of crimes for "domestic violence assaults." A second bill would establish a so-called "predominant aggressor" policy that would help police sort out cases of mutual abuse. And the third bill would restore $1.9 million from previous budget cuts: http://www.nextstepdvproject.org/2008-dv-legislation/
But to get political traction, the issue would need to garner loads of media coverage. And enticing media interest would require...you guessed it...flesh and blood victims.
As revealed by blog entries on its website, the Next Step staff is a politically active bunch, making frequent lobbying forays to the state capitol in Augusta. The shelter workers knew they desperately needed to find a poster child who could be paraded around so legislators could be persuaded to sign on to the proposed laws.
Problem is, victims of battering are in short supply these days. So when no victim is known to exist, the solution is obvious: fabricate one!
Following is the account of Ligia Filler, 41, a native of Guatemala and ersatz domestic violence victim. A web of police reports, judge's orders, sworn testimony, and a recent Maine Supreme Court decision forms the basis for the improbable tale I'm about to share...
Abandoned as a child, Ligia first traveled to the United States at age 17 to meet her parents for the first time. By then Ligia had developed severe psychological problems, attempting suicide several times.
In 1991 she met Vladek Filler. They married and eventually had two children. But the marital union didn't resolve the emotional torment; in fact, she repeatedly abused the children, both physically and emotionally. Once she punched Vladek in the face in front of the children.
A judge would later award custody of the children to the father, finding that "The children were victims of violence from their mother," including hitting one child "with spatulas and spoons, leaving bruises."
The children began to speak openly about wanting to avoid their mother for their own safety. In the Spring of 2007, Vladek decided he had to take necessary steps to protect the kids from the escalating abuse.
When he announced that he and the children would soon be leaving the marital residence, Ligia went into a funk that turned rageful, her abuse quickly spinning out of control.
The following day, Vladek contacted the Next Step shelter, begging for help. Not only did Next Step refuse his request, the staff mocked him. Little did he realize that the Next Step had already taken Ligia under its wing, coaching her to make allegations of domestic violence against the very victim of her long-standing abuse, Vladek Filler.
April 24 witnessed a complete break-down, with a partially dressed Ligia running in the streets, vowing to kill police officers on the scene, and accusing Vladek of child molestation and marital rape. One officer can be heard remarking the woman was "certifiable" for involuntary commitment: http://www.youtube.com/watch?v=GsKIcQhjaJg&feature=player_embedded#at=20
Regarding the child molestation claim, the Ellsworth District Court later ruled, "That allegation was false and known to be false. She has shown a capacity to manufacture claims."
But inexplicably, a marital rape accusation by an unhinged woman was viewed as credible. Vladek was arrested and charged.
Ligia was carted off to the hospital for a shrink-check. And as soon as she was released, Ligia became a god-send for the Next Step and its stalled legislative agenda.
Knowing that the Next Step was footing the legal bill, Ligia allowed herself to be persuaded to make lurid allegations of sexual violations, shamelessly amplified by the local prosecutor. "It was sexual punishment," prosecutor Mary Kellett recounted with a straight face to the Bangor Daily News. "It was punitive and angry."
Maine newspapers would eventually run 11 separate stories on the case, replete with riveting details of the alleged attack.
The facts that Ligia was a known child abuser, that there was no confirmatory medical or forensic evidence, that she refused a rape kit evaluation, that she was likely motivated by an impending custody dispute, and that Ligia was known to locals as "that crazy woman" gave little pause to the media bloodhounds.
During the trial, DA Kellett improperly withheld key exculpatory evidence, leading the Maine Supreme Court to later chastise her for prosecutorial misconduct and to remand the case for a retrial: http://www.courts.state.me.us/court_info/opinions/2010%20documents/10me90fi.pdf
The Next Step's devious ploy was successful, the political payoff incalculable. All three domestic violence bills introduced in March were enacted into law. At the ceremonial signing on July 25, 2007, Gov. John Baldacci marveled at the achievement, warning, "Too many women and children are being victimized, and each story is tragic and compelling."
Vladek Filler and his two children, victims of an abusive woman, were not in attendance. And Ligia, now divorced and estranged from her children, has yet to receive the mental health treatment she so desperately needs.
By Carey RobertsApril 10, 2011
I've reported over the years on the problems facing our... more
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Special note: I urge and implore all bloggers, anywhere on the internet, to reprint this article in its entirety with a link back to this page. Please help me get this event in front of as many eyes as possible. Thank you – PE]
Bar Harbor, Maine Circa 2011
There are often times that we shake our heads at injustices in the world. Sometimes it seems to be all we can do. And with so many problems in modern life, and their often systemic, intractable nature, it can be difficult to choose what battles to fight and when. Because of this we have increasingly become a nation of head shakers, concerned about an array of injustices but often not knowing where to turn or what to do to solve them.
With that in mind we have an opportunity, right here and now, to face down and fight against a terrible injustice, an absolute evil, going on in the state of Maine.
Vladek Filler is about to face trial for a second time on the charge of raping his wife, Ligia. He was brought to trial the first time by Bar Harbor prosecutor Mary N. Kellett, who has sought to imprison Mr. Filler despite the fact that she knows that there is no physical evidence that he ever committed a crime, and despite the fact that his accuser Ligia Filler, has proven to be a violent criminal, a liar who has been caught in false allegations against her husband, and a physical and emotional abuser of her husband and children with a history of severe psychiatric problems.
Ligia Filler has been referred to as “certifiable” by sheriff’s department personnel who she repeatedly threatened to kill.
Mary Kellett’s professional conduct in this case breeches virtually all canons of legal ethics where it concerns prosecutors, from intentionally misleading jurors to avoiding pretrial discovery to actually asking a law enforcement officer to refuse to comply with a valid subpoena in order to help her conceal exculpatory evidence.
All of this, and many other similar cases, have been conducted under the supervision of Bar Harbor, Maine, District Attorney Carletta Bassano, leading to the almost unavoidable conclusion that the problem is not just one rogue prosecutor, but one in which District Attorney Bassano is an enabling accomplice.
Additionally, all of these events have transpired without so much as raising an eyebrow in local news media.
Given the complicity of her supervisor and the lack of attention by local media, Kellet appears emboldened to continue this reign of terror on the life of Vladek Filler, his children, and other innocents who reside in the community Kellett is supposed to protect.
Vladek and son Andrew - 6 months before the persecution
After having Filler’s first conviction overturned by the Maine Supreme Court, due to her own prosecutorial misconduct, she is coming after him again, putting him through another trial on the same slipshod evidence.
Kellett is not pursuing justice; she is making a mockery of it in ways that border on criminality. She is out of control and no one with authority over her is doing anything about it.
And given the hubris demonstrated by her actions, it is clear she feels free to proceed with impunity.
We cannot, must not, allow this to happen.
This is a battle worth choosing to fight, and A Voice for Men is not the only place that is happening. Glenn Sacks at Father’s and Families, the nation’s leader in father’s rights advocacy is speaking out about this story. You can also read about it at The False Rape Society. This article will also be running at the-spearhead.com, with thanks to our good friend Mr. W.F. Price.
The organization Stopping Abusive and Violent Environments (S.A.V.E.) has taken the even more significant action, sending a Complaint for the Disbarment of Prosecutor Mary Kellett to the Maine Board of Overseers for the Bar.
They have also authored a letter to Paul LePage, the Governor of Maine, referencing the disbarment complaint and making an appeal for an intervention on Mary Kellett on behalf of Vladek Filler and the people of Maine.
And you can do your part.
Write Governor LePage here and respectfully insist on an investigation to the practices of Mary N. Kellett. The message can be as simple as. “For the sake of justice, please assure that Mary Kellett is relieved of her prosecutorial duties and disbarred from the practice of law.”
Write the Board of overseers for the Bar here, and insist that they respond to the allegations against Kellett with an investigation.
Don’t wait for others to do this, please, or think that just one person calling and writing is enough. That would be a fatal mistake.
When you have done one or all the suggestions listed here, please come back to this thread and simply put the word “done” in the comments, wherever you are reading this.
What is happening in Maine is only a microcosm of what is happening across the western world. So regardless of where you live, your insistent message to one or all of these people can help force them to consider looking in to Kellett’s activities. And make no mistake about it, Kellett’s actions, if unchecked, are a forecast of own future. We know this is a witch hunt, but because most are ignoring it, it will spread. If we take this silently, we have lost in the most tragic and disgraceful of ways.
This is a fight worth fighting, people. If you are reading this, you could be another Vladek Filler, or someone who cares about him. Your children could be hurt the same way his children have. And your freedom, even if seemingly secure today, cannot be assured for tomorrow as long as the likes of Mary Kellett are allowed to practice predatory prosecutions against innocent human beings.
And If she is allowed to build a career on doing this, there will be nothing to stop the same from happening where you live.
It is your future, and your move.
[Addendum: A Voice for Men Radio is doing a one hour special on this tonight, March 29, 2011 at 9:00 p.m. EST. You can listen to the show live, or the archives are always available in the sidebar at avoiceformen.com. immediately following the program.]Special note: I urge and implore all bloggers, anywhere on the internet, to reprint... more
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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&id=88228&v=article
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&id=88228&v=article
8. Stop Abusive and Violent Environments. Predominant Aggressor Policies: Leaving the Abuser Unaccountable? Rockville, MD. 2010. http://www.saveservices.org/downloads/Predominant-Aggressor-PoliciesThis Week’s Alert:
SAVE has filed a Complaint with the Maine Board of Overseers... more
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Vladek Filler Gets a New Trial
http://glennsacks.com/blog/?p=5023
http://www.fathersandfamilies.org/?tag=vladek-filler
September 12th, 2010 by Robert Franklin, Esq.
Vladek Filler will get a new trial. In this opinion, the Maine Supreme Judicial Court affirms the ruling of the trial court setting aside his conviction of sexual abuse and ordering that he be retried (Leagle, 9/9/10). Important as well is the fact that the court ruled that the trial court erred in excluding evidence that Filler's wife used the charges she leveled against him as a tactic in their child custody matter.
If you haven't read about Filler's case, it's a doozy. Here's a link to his website. He and his wife Ligia had been married for 16 years and had two children, when Filler filed for divorce. The ensuing custody battle set off a series of claims by Ligia that Filler had sexually abused her. This was the man Ligia had called "the most loving and caring man and father she had ever seen."
Despite the fact that there was no evidence to corroborate her claims, despite the fact that she refused a medical examination and despite the fact that Ligia was considered to be "mentally unstable" by the local police, Filler was found guilty by the jury of three counts of sexual abuse.
That was largely because the judge had refused to admit evidence to prove that Ligia's claims had come in the course of a bitter custody fight. Into the bargain, the court did allow the prosecutor to ask the jury during final argument, "where is one piece of evidence about that (i.e. the custody fight)?"
Even the trial court recognized that it had erred in allowing prosecutor Mary Kellett to make that argument, so it ruled that Filler was entitled to a new trial. The state appealed that order, but the appellate court agreed with Filler and the trial court that he should get another chance to prove his innocence. But it went further than the trial court saying that, in the new trial, Filler can bring in all of the evidence about the custody matter and the fact that none of the allegations had been made until custody became an issue.
That's obviously important to Vladek Filler, but, since it's a ruling by the Supreme Judicial Court, it's also important to countless other men in Maine. No more will their criminal trials on allegations of domestic abuse be marred by their inability to adduce evidence that the charges arose in the course of child custody cases.
Men's and fathers' rights advocates in Maine aren't exactly the biggest fans of Mary Kellett. They describe her as a prosecutor who will believe any woman who claims sexual or physical abuse against her partner, irrespective of the evidence. They say she uses her office to separate fathers accused of those offenses from their children.
It's just a guess on my part, but from my far remove, I'd say that Maine's judiciary might be starting to agree. The Filler case has always struck me as the type of travesty of justice that, under other circumstances would be easily swept under the rug. The trial court or the appellate court or both could have used the old "harmless error" dodge, but neither did. That's where a court says in effect that a ruling it made might have been wrong, but it couldn't have affected the outcome of the case, so it was "harmless error."
Harmless error is used all the time to avoid reversals in criminal cases and keep people in prison. So the fact that neither court took refuge behind that concept says a lot to me. It says they think Vladek Filler is innocent. It may also say they think Mary Kellett is guilty.
http://www.fillerfund.com/latest.htmVladek Filler Gets a New Trial
http://glennsacks.com/blog/?p=5023... more
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Prosecutorial misconduct is a leading cause of wrongful conviction, and a new Innocence Project report released today provides evidence that appeals courts in the U.S. do not effectively identify and overturn these injustices.
Although countless instances of misconduct never come to light, the Innocence Project review found that 65 of the first 255 DNA exonerees raised allegations of prosecutorial misconduct in their appeals or in civil suits filed after exoneration. In about half of those cases, courts found either error or misconduct by prosecutors, but judges only found “harmful error” – enough to overturn a conviction – in 12 cases.
The rate of harmful error findings (18%) in wrongful conviction cases is nearly identical to the rate found in a much broader universe of cases examined in a 2003 study by the Center for Public Integrity. These cases weren’t innocence cases (meaning they hadn’t been overturned based on evidence of innocence), but the courts found harmful error by prosecutors in 17.6% of cases.
Based on this result, the new Innocence Project report finds that “innocent persons raising claims of misconduct on appeal are not much more likely to find relief than presumed guilty persons raising similar claims—a suggestion that raises questions about the ability of the appellate process to correct wrongful convictions.”
Among the findings in the new Innocence Project report are:
• Sixty-five of the first 255 DNA exoneration cases involved appeals and/or civil lawsuits alleging prosecutorial misconduct.
• In nearly half of those 65 cases, courts found prosecutorial misconduct or error.
• In 18% of the prosecutorial misconduct claims in wrongful conviction cases, courts overturned convictions or found harmful error – a rate nearly identical to harmful error findings in a larger study of misconduct allegations, including thousands of cases where defendants did not claim innocence.
• Improper argument at trial and withheld evidence of innocence were the forms of misconduct alleged most commonly by wrongfully convicted defendants.
http://www.innocenceproject.org/Content/New_Report_Prosecutorial_Misconduct_and_Wrongful_Convictions.phpProsecutorial misconduct is a leading cause of wrongful conviction, and a new... more
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Rape shield laws are rules of evidence intended to protect a rape victim from being discredited by her sexual history. They prevent a defendant in a rape trial from impugning the character of the victim through the "slut defense." In cases where there is clear, physical evidence to convict a rape suspect, rape shield laws work very well as a tool of justice. Where they can work against the interests of a defendant, however, is when evidence is either circumstantial or non-conclusive.
Maine's Rape Shield Law was improperly applied in the case of a homeless man convicted of a sexual assault in which no credible physical evidence was introduced. The most damning piece of evidence in the trial was a jacket found in Drewry's belongings 2 days before the issuance of a search warrant and identified by the victim as hers 13 months after the assault but differing widely from her original description.
I met Brandon Drewry in the Protective Custody Unit at Maine State Prison in the winter of 2008 and became so intrigued by his case that I spent 1 ½ years studying volumes of material, eventually writing a 200-pg manuscript that is now in the hands of the Innocence Project.
Drewry, a homeless man who had lived in a shelter for 3 days in Bayside – Portland, ME's answer to the Bowery, was arrested for gross sexual assault on a married woman with 2 children. The victim called police on the morning of August 30, 2004, and said she met a stranger around midnight and went on a walk with him to smoke marijuana. While the 911 transcript clearly claims rape, she later told police and testified that she was dragged down an alley with tall weeds and broken glass, choked, punched, forced to have oral sex for approximately 15 seconds and was digitally penetrated but not vaginally raped. In 2006, after 28 months in county jail, Drewry was convicted and sentenced to 30 years.
DNA was recovered from semen samples (possibly 2) taken from the victim - no match to Drewry, her husband or another individual with whom she was known to be having sex. The trial court, while allowing testimony that the semen was not a match for Drewry, refused to permit that it did not match the other 2 men. Their reason was that since there was no allegation of vaginal rape, its source was irrelevant. By allowing this "irrelevant" vaginal DNA evidence in the first place, however, the court introduced the character issue but left unresolved its possible link to other assailants.
Drewry suffers from PTSD and a social disorder. On the first day of his 4-day trial he suffered a heavy nose bleed in front of the jury. His attorneys asked the judge, on the record in chambers, that he be removed from the courtroom as a biohazard. In the sentencing hearing, the prosecutor derided him as a person with a GED high school diploma and "…having no redeeming qualities."
This case is a chronicle of suburban ethos, evidence tampering by the Portland Police Dept and elitism among Maine's judicial brotherhood. The Innocence Project currently is considering accepting Drewry's case for federal appeal. We can only hope.
Read more: http://www.articlesbase.com/criminal-articles/maines-rape-sieve-law-2771945.html#ixzz0x9Yb5Z1E
Under Creative Commons License: AttributionRape shield laws are rules of evidence intended to protect a rape victim from being... more
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Regardless of the personal repugnance we may feel for any crime, including rape, we must remember that without an overarching concern for justice, laws invariably become nothing more than the instruments of tyranny. Unfortunately, where it concerns the crime of rape, that tyranny has been upon us for quite some time.
With the epidemic of false rape reports, poor and sometimes corrupt police work, prosecutors blind with power and ambition, and an unconscionable but successful feminist campaign to define rape in the most ludicrous terms possible, we have created a monstrous system of abject injustice, with rights of the accused routinely ground to dust in the name of convictions, and to our national disgrace, in the name of sexual politics.
It seems every day there is a news story about a man freed from prison after being falsely convicted.
While the laudable efforts to free the innocent must continue, it is clearly time to seek to understand how we got to such rampant injustice, and what we can do about it. And that begins with a candid examination of what happens in a rape prosecution, from beginning to end. It all starts with a police report; a compliant filed by a private citizen alleging that a rape has occurred. And that is where we encounter the first of many problems.
Former Colorado prosecutor Craig Silverman once opined, “For sixteen years I was a kick ass prosecutor who made the most of my reputation [by] vigorously prosecuting rapists. I was amazed to see all the false rape allegations made to the Denver Police Department. A command officer in the Denver Police Sex Assault Unity recently told me he put the false rape numbers at approximately 45%.”
Just recently the Orlando PD made the public proclamation that false rape allegations have become an epidemic. Last June the Baltimore Sun reported that police claimed that more than 30% of rape accusations were deemed unfounded. Louisville and Pittsburgh reported similar numbers.
A longitudinal study conducted by Professor Eugene Kanin concluded that over a period of nine years, 41% of rape allegations studied were fraudulent, concocted by the alleged victim to either create an alibi, seek attention and sympathy, or to seek revenge.
And there is the McDowell Study cited by Warren Farrell in The Myth of Male Power, which concluded that of 1,218 reported rapes on Air Force Bases around the world, 45% were discovered to be fraudulent.
This 45% of cases are not ones that could not be proven or for which a suspect could not be apprehended, but cases that were proven to be fabricated by the person filing the complaint. 27% of the false claims were admitted after the accusers were asked to take a polygraph test, or having just failed one.
While arrests for making false allegations appear to be on the increase, the norm has been to treat the criminality of the reports as a mental health issue. Crystal Gayle Mangum, the notorious liar in the Duke Rape Case, was referred to counseling, as was Danmell Ndonye, the woman who falsely accused five men in the Hofstra Case of gang raping her in a men’s room at a school dorm.
The police themselves add to the problem. In the Orlando, Florida story, the NBC News affiliate reported statements by police that that they do not want to arrest these women. In fact, they only seemed to notice the problem when it got so out of hand that it was causing a stress on resources within the police department. They also noted the deleterious effect on the “real victims” of rape, but did not utter a word about the men at risk for being wrongly placed behind bars as a result of the allegations.
And where the police leave off, the prosecutors go into overdrive.
Mike Nifong, the supposedly “rogue” prosecutor who pursued the Duke rape suspects long after there was abundant evidence to exonerate them, has become the poster boy for false rape culture.
Nifong, while getting massive amounts of coverage from the media, was hardly the exception, and not even the most extreme. Mary N. Kellett, a prosecutor in Bar Harbor Maine, is making a career of rape cases. She is averaging one indictment a week, from a population of less than 60,000.
Her most notable case so far has been against Vladek Filler, who was convicted of raping his wife, with no forensic evidence, and only her word that the rape occurred. The conviction was overturned due to prosecutorial misconduct and Kellett is appealing the case to the Maine Supreme Court.
The chronology of this story is lengthy and the details somewhat complicated, but have a look, and a good listen, to the following recording of police interaction with Filler’s wife. http://www.youtube.com/watch?v=GsKIcQhjaJg
This is what passes for a credible complainant in a modern rape case. This is the compelling reason to put a man behind bars. Kellett is clearly a prosecutor out of control, but she is nonetheless still serving as an Assistant District Attorney, and rumor has it she has ambitions to run for the District Attorney when her boss retires.
The Innocence Project gives a detailed breakdown of the factors that play into bad convictions, both from police and prosecutors. Key factors range from coercion of defendants, to knowing use of false testimony (suborning perjury) and a host of other unscrupulous tactics.
In light of what is going on in our legal system, Kellett is no more a “rogue” than Mike Nifong.
It is the system that is rogue; Kellett and Niphong were/are just an unusually visible parts of it.
Even given the rampancy of false allegations and misconduct by law enforcement and prosecutors, this is still not justification for looking the other way when a crime is committed. Liars, whether shedding fake tears or wearing uniforms or arguing before a jury, cannot be allowed to so subvert justice that we abandon the law itself. For it is the law, when justly and rightly applied, that gives us the checks and balances to overcome those who abuse the system.
Enter, however, Rape Shield Laws; the final nail in the coffin that holds the remains of our presumed innocence and right to a fair trial.
It would seem reasonable, until you go back and review the information provided by The Innocence Project and consider what this type of system does with these kinds of laws.
It is clearly the presumption of guilt, legitimized by the same court that is supposed to protect the presumption of innocence.
Police are not going to help. They are a fundamental part of the problem.
Prosecutors? Who, Mary Kellett? No…
So, what do you do within the system when the system is the problem?
--- MUCH MORE AT LINK-- http://www.avoiceformen.com/2010/08/01/on-jury-nullification-and-rape/Regardless of the personal repugnance we may feel for any crime, including rape, we... more
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February 1, 2010
By Carey Roberts
Practically everyone in town knows Amy Dugas is a serial batterer. But the Maine criminal justice system keeps finding ways to keep her from facing the music.
In 2004 Amy assaulted her husband Mark in their home in Waldoboro. When the police officer came to arrest her, she kicked him in the groin. The judge released her on bail, ordering her to refrain from using weapons. Four months later she stabbed Mark with a foot-long kitchen knife, fatally severing his pulmonary artery. At the trial, she got away with the trusty I-feared-for-my-life alibi.
Two years later Dugas spent 125 days in jail following an attack on a male friend. In 2007 she was arrested again, this time for assaulting Brian Pelletier, her new husband of three weeks.
Each time, Amy Dugas was let off the hook with a chivalrous slap on the wrist, even though many were demanding she do hard time at the state pen.
No doubt about it, Maine's domestic violence industry has friends in high places. One of them is Mary Kellett, Assistant District Attorney for the Bar Harbor area. Think of her as Michael Nifong on steroids.
Inspired by feminist Catherine Comins' sneer, "Men who are unjustly accused of rape can sometimes gain from the experience," Kellett has taken to prosecuting every allegation of sexual misconduct, often ignoring glaring inconsistencies in the woman's account or clear evidence of consensual activity: http://www.fillerfund.com/marykellett.htm
In one case, Kellett summed up the case to the jury with this comment, "there has been no evidence presented to you as the jury that would suggest that a sexual act hadn't occurred on those dates," revealing a sad ignorance of the legal principle that the burden of proof falls on the plaintiff.
In another trial, Kellett did not present a shred of physical evidence, prompting the defense attorney to comment, "We were just very surprised with the only evidence the state had, that they brought these charges at all."
Unfortunately for her prosecutorial victims, none of them play lacrosse at an exclusive university or have wealthy parents to hire high-powered attorneys. As a result, many have spent months in jail awaiting their trial.
It gets worse.
Maine now has a law enforcement policy that says in effect if a woman punches the living daylights out of her husband, somehow it must be the man's fault. "Identifying Predominant Aggressors in Domestic Violence Cases" is a training guide put together by the Maine Criminal Justice Academy: http://www.maine.gov/dps/mcja/docs/Mandatory-Law/Predominant%20Aggressor.doc
A little background: It is well known that many domestic violence incidents are mutual in nature — she slaps him, he shoves back. One study by Centers for Disease Control researcher Daniel Whitaker reported fully half of all incidents of partner aggression are mutual. More often than not, it's the woman who instigated the incident.
So when the police arrive on the scene, they need to decide who to stick in the Paddy Wagon. For years, police used the commonsense yardstick, Who started the fight? But feminists don't cotton to that approach because, truth be told, too many women were getting arrested.
So they reached into their bag of tricks and — abracadabra! "Predominant aggressor" magically appeared in the law enforcement lexicon. Any guesses who the predominant aggressor might be?
Before I give away the punch line, you may want to see for yourself the Ms.-Information that the Predominant Aggressor curriculum bandies around:
1. The idea that abuse can be mutual is a "misconception" (I say so, it must be true.)
2. "DV is the leading cause of injuries to women between the ages of 15-44 in the U.S." (It's also a proven fact that the moon is made of Swiss cheese and the 9/11 attacks were masterminded by the CIA.)
3. Even if the violence is mutual, it's bad to arrest both parties because the "batterer gains more power." (Don't ask to see the research. I'm the one with the mic and I'll give you the boot if you start to ask questions.)
Then the curriculum goes on to enumerate the types of violence that it whimsically classifies as defensive:
1. Face scratches
2. Eye gouges
3. Bites to arm
Go ahead, ladies, scratch his face and gouge his eyes out. You can always say it was in self-defense — and now they'll have to take you at your word.
Patrick Henry College professor Stephen Baskerville has recently issued a stunning indictment of our contemporary criminal justice system, lambasting it as a "Feminist Gulag." Now in Maine, a man can be killed in cold blood without consequence to the perpetrator, prosecuted for rape with the flimsiest of evidence, or framed in a partner dispute on account of his sex.
And whatever happened to the equal protection clause of the U.S. Constitution?
© Carey Roberts
http://www.cartoonstock.com/directory/a/accused.aspFebruary 1, 2010
By Carey Roberts
Practically everyone in town knows Amy Dugas is... more
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I was there in the ballroom with the No On One campaign watching the results come back. I was there with friends of mine who had worked our asses off on this campaign, watching as the northern precincts of the state started coming in, and we started losing our lead.
Suddenly "No on One" was only 300 votes ahead. Then a few more northern precincts came in, and we were 6,500 behind. Then 10,000 behind. Then 15,000 behind. Then 65,000 votes behind. It became clear that the 40,000 absentee votes left to be counted couldn't possibly carry the margin.
Justice, Equality, and Human Decency have lost this election.
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PORTLAND, Maine – Cecelia Burnett and Ann Swanson had already set their wedding date. When they joined about 1,000 other gay marriage supporters for an election night party in a Holiday Inn ballroom, they hoped to celebrate the vote that would make it possible.
Instead, they went home at midnight, dejected and near tears after a failed bid to make Maine the first state to approve same-sex marriage at the ballot box.
"I'm ready to start crying," said Burnett, a 58-year-old massage therapist, walking out of the ballroom with Swanson at her side. "I don't understand what the fear is, why people are so afraid of this change.
"It hurts. It hurts personally," she said. "It's a personal rejection of us and our relationship, and I don't understand what the fear is."
With 87 percent of precincts reporting, gay-marriage foes had 53 percent of the vote in a referendum that asked Maine voters whether they wanted to repeal a law allowing same-sex marriage that had passed the Legislature and was signed by Democratic Gov. John Baldacci.
"The institution of marriage has been preserved in Maine and across the nation," said Frank Schubert, the chief organizer for Stand for Marriage Maine, which lobbied for the repeal.
For the gay rights movement, which has gained a foothold in New England, it was a stinging defeat. Gay marriage has now lost in every state — 31 in all — in which it has been put to a popular vote. Gay-rights activists had hoped to buck that trend in Maine, framing same-sex marriage as a matter of equality for all families in a campaign that used 8,000 volunteers to get out the message.
Five states have legalized gay marriage — Iowa, Massachusetts, Vermont, New Hampshire and Connecticut — but all did so through legislation or court rulings, not by popular vote.
Portland resident Sarah Holman said she was torn, but decided — despite her conservative upbringing — to vote in favor of letting gays marry.
"They love and they have the right to love. And we can't tell somebody how to love," said Holman, 26.I was there in the ballroom with the No On One campaign watching the results come... more
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asherp
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According to victims of prosecutions in Maine’s Bar Harbor region, what is taking place is a modern day Witch Hunt. Court documents suggest that numerous men are currently facing charges of sexual misconduct in a small county of little more than 50,000 people. At the center of these prosecutions is a 44 year old Assistant District Attorney Mary N. Kellett, who has a reputation for prosecuting men on questionable evidence and questionable probable cause. As in the Salem Witch Trials, these prosecutions are often based solely on accusations with no physical or corroborating evidence.
The public’s notions that prosecutors are faithful guardians of civil rights and conservative discretion prove to be false in Hancock County. In practice, the prosecutor’s credibility is publicly re-enforced solely through wide publicity of rare convictions. The line between justifiable and unjustifiable prosecutions of men is blurred by selective media coverage.
The prosecutors like Mary Kellett act with full immunity for their actions against men.
And it’s not just for alleged sex crimes for which men are systematically punished by the District Attorneys office in Hancock County. Men in the community have been criminally charged for such alleged crimes as splashing water on their wives, spitting, for “terrorism” due to offensive song lyrics, visual aggression, and for what often can be viewed as any action against a female. But at least those “crimes” don’t carry the stigma and a 30 year prison sentence which comes with each class “A” gross sexual assault charge, which is a frequent charge against men in Hancock County, and one of the easiest and most profitable for a prosecutor to undertake.
One Bangor television station aired an interview with a local rape crisis center official who stated that even if a woman falsely accuses a man of rape, it is most important for law enforcement to believe the woman, act on her report, and do exactly what she wants them to do. This implies that arresting, charging, and publicly prosecuting innocent men is less harmful than for authorities to question the words and motives of a woman making the accusations. This appears to be the policy adopted in the Bar Harbor region of Maine.
Crime statistics for the region have consistently shown a low rape rate, yet not long after becoming a prosecutor, Assistant District Attorney Mary Kellett offered her own statistic of the Bar Harbor region. Speaking to a local newspaper she stated that it could be difficult to find jurors in the area for sex cases because many people have been victims of sex offenses or have been accused of committing them.
Prior to being arrested and charged for his wife’s accusations, Filler sought help from a local domestic violence organization which turned him away and chose to give assistance to his abusive wife instead. Filler sought a protection order from court and his wife decided to drop the “nuclear bomb” of divorce and custody battles. She accused Filler of abuse, child molestations, and spousal rape. She demanded immediate custody of their children. A video about the events appeared on YouTube.
So powerful is the myth against men, that despite difficult fiscal and economic times, the flow of funding to the domestic violence industry continues to be strong, as does the prosecution of men. The message of the rhetoric being sent to the girls in Maine is “blame the boys for everything and the State will do the rest”, so maybe the message to the boys in Maine should now be “God help you”.
--More at the linkAccording to victims of prosecutions in Maine’s Bar Harbor region, what is... more
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USATODAY.com
about a secretive California security company called American Police Force that was set to take over operation of a never-used jail in Hardin, Mont.
APF raised eyebrows in town after Mercedes SUVs belonging to the company arrived bearing decals that read, "City of Hardin Police Department."
The company, and the city's economic development arm that has negotiated a deal with APF, refused to give details about its plans, including where it expects to get prisoners to put in the jail.
Today comes word from The Billings Gazette, which has been following the story closely, that Montana Attorney General Steve Bullock has launched an investigation into APF to find out what's going on.
That came after the newspaper and the Associated Press published stories saying that Michael Hilton, the apparent founder of APF who claims to be a military veteran, has a lengthy criminal record and has served time in prison in California.
The attorney general has sent a nine-page demand letter to Becky Shay, a former Gazette reporter who is now spokesman for APF. The paper says Shay did not respond immediately to its inquiries.
According to the document, Bullock is launching a civil investigation to determine if APF is violating the Montana Unfair Trade Practices and Consumer Protection Act.
Bullock is demanding that the company provide proof for some of the claims on its website, such as having contracts with the U.S. government and operations in all 50 states.
The newspaper says it has turned up no record of APF contracting with the federal government.
Bullock also requested a copy of the agreement between APF and Two Rivers Authority, the Hardin economic development arm that built the white elephant jail two years ago.
The Gazette also reports that the state's three-man congressional delegation and the governor have raised concerns about APF project.
(Photos: Left, of MIchael Hilton, and right, of police decal, by Matthew Brown, AP)USATODAY.com
about a secretive California security company called American Police... more
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