tagged w/ Ligia 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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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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DURHAM, N.C. – Authorities say the woman who falsely claimed she was raped by Duke lacrosse players has been accused of stabbing her boyfriend in the chest at a North Carolina home.
Durham police say 32-year-old Crystal Mangum was arrested Sunday morning several hours after the stabbing that seriously injured her 46-year-old boyfriend.
Investigators said the two were arguing but didn't release any other details.
Mangum is charged with assault with a deadly weapon with intent to kill. She is being held without bond, and jail officials did not know If she had an attorney.
Mangum was convicted in December of several misdemeanor charges, including child abuse, in a fire that nearly destroyed her home.
As for her rape claims, the state attorney general's office later concluded there was no credible evidence an attack ever occurred.
http://www.huffingtonpost.com/2011/04/04/crystal-mangum-woman-who-_n_844712.html
http://news.yahoo.com/s/ap/us_duke_lacrosse_accuserDURHAM, N.C. – Authorities say the woman who falsely claimed she was raped by... 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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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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