tagged w/ Ligia Barrientos
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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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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
Tuesday, June 15,... more
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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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