tagged w/ Vladek Filler
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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
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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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It is going to be remarkable. Don’t miss it.
http://www.blogtalkradio.com/avoiceformen/2011/03/16/cry-rape-the-plague-of-false-accusations
Much of the show is going to focus on the case of Vladek Filler, a Maine man who was accused of rape, convicted with no forensic evidence; only on the testimony of the alleged victim, his wife, and in spite of the fact that she was highly abusive and demonstrated a profoundly disturbed mental state.
His conviction was overturned because of prosecutorial misconduct…
But he is now facing retrial because they have decided to pursue a conviction at any cost. They, in this case, includes prosecutor Mary Kellet who has been under much scrutiny for pursuing rape cases at the rate of 1 per week in a population of 60,000 people, and whose improper actions as a prosecutor resulted in the overturning of Fillers initial conviction.
Kellet is a Bar Harbor, Main, prosecutor whose quest for rape convictions (perhaps as opposed to actual rapists) has been billed as "The modern day witch trials for fathers and men."
Joining us to discuss the case is private investigator T.J. Ward, who has been working on Mr. Fillers behalf. You may remember Ward because he was the lead investigator on the Natalee Holloway missing person case in Aruba that gripped the nation and most of the world beginning in 2005.
He is a widely recognized expert investigator that has appeared on Larry King, Sean Hannity, Bill O’Reilly, Nancy Grace and Diane Sawyer.
He will be joining me to bring his insights into the Filler case for listeners of A Voice for Men Radio.
http://www.avoiceformen.com/2011/03/10/must-read-avfm-radio-next-tuesday/It is going to be remarkable. Don’t miss it.... 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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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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Maine: Supreme Court Hears Case on Out-of-Control DV Prosecutor
Tuesday, June 15, 2010
By Abusegate Bob
This is an update on a case currently being argued in front of the Maine Supreme Court about an out-of-control prosecutor named Mary Kellet, who has wrongfully charged and prosecuted many innocent men in Maine…
The Maine Supreme Court recently heard oral arguments in the State of Maine vs. Vladek Filler.
National Director of the Domestic Abuse Helpline Jan Brown attended the hearing as did some others.
The “Michael Nifong on steroids” Mary Kellett has prosecuted countless innocent men on trumped up charges and false evidence. When it becomes easy for a prosecutor to lie to judges and juries with impunity, it is also easy for them to lie to the Supreme Court. Mary Kellett mislead the Supreme Court about her misconduct and the trial record.
When the trial court found Mary Kellett guilty of prosecutorial misconduct against Vladek Filler she continued to abuse her power as the representative of the State of Maine. She filed an appeal of her prosecutorial misconduct, then wrote the appeal herself, and then argued it herself before Maine Supreme Court. It is equivalent to a corrupt police officer investigating himself then writing a report finding the victims at fault.
The prosecutor brazenly lied to the Supreme Court about her misconduct and explicit court order violations at trial, pointed the finger at the defense attorney, and argued for Vladek Filler to be denied acquittal or even a new trial.
One Justice asked Mary Kellett whether she considered a custody battle for the children important in a case where the wife is alleging spousal rape against the husband. Mary Kellett responded that it is the defense who should be concerned with the importance of child custody battle evidence. The admission of the State’s unconstitutional “burden shifting” is stunning. The State of Maine has admitted that it is less concerned with evidence ulterior motives and false allegations, and relies on defense to seek the truth and be concerned with such evidence.
Vladek Filler’s attorney argued the systematic and flagrant prosecutorial misconduct committed by Mary Kellett and the insufficiency of evidence to support Vladek Filler’s conviction or even for bringing charges against him. That in fact, the evidence showed this prosecutor brought numerous charges of rape against a man where the accuser herself made admissions that it was consensual.
This highly politicized appeal is pending in the Maine Supreme Court. Not a single media outlet in Maine has covered the State’s appeal or the systematic prosecutorial abuse of innocent men in the Bar Harbor region. The prosecutorial and civil rights crimes against Vladek Filler and men like him must be exposed.
For more information, see: www.fillerfund.com
http://www.courts.state.me.us/maine_courts/annual_reports/annualreport/ar-09/courts_maine/sjc.htmlMaine: Supreme Court Hears Case on Out-of-Control DV Prosecutor
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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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