Abuse Hysteria in Maine
UPDATE: As a result of SAVE’s Grievance Complaint, the Board of Overseers of the Bar investigated and issued an 18-page Disciplinary Petition on April 6, 2012, concluding that ADA Mary Kellett “has acted in a manner unworthy of an attorney” for violating nine rules governing the conduct of attorneys. The Petition recommended that Kellett “should receive such appropriate disciplinary action as is provided for by the Maine Bar Rules.”
On December 5, 2012 a three-member panel found Kellett had violated seven ethical standards, and recommended the suspension of her license to practice law. The panel’s decision can be seen here: http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article
In November 2014, it was announced that ADA Mary Kellett had resigned her position for personal reasons.
On January 8, 2015, Vladek Filler filed a federal civil rights lawsuit against the prosecutor, police, and the city of Gouldsboro. Among other claims, the lawsuit alleged that a recording of an interview of Ligia by a nurse was edited to exclude a portion where the nurse advised Ligia to cry when she testified so that the rape would seem more real.
On April 24, 2015, Filler was fully exonerated of his misdemeanor conviction of assault.
On July 20, 2015 the Maine Board of Overseers of the Bar issued a finding of prosecutorial misconduct against DA Carletta Bassano, ADA Kellett’s direct supervisor. The decision, arising from complaints unrelated to the Filler case, stated that Bassano had disobeyed the rules of a tribunal, failed to provide discovery materials to the accused, neglected to properly supervise an attorney, and engaged in conduct prejudicial to the administration of justice.
In October 2016 the American Civil Liberties Union of Maine joined the national ACLU and the Maine Association of Criminal Defense Lawyers (MACDL) on a friend-of-the-court brief in the case, Filler v. Kellett. They argued that there should be no prosecutorial immunity for tampering with evidence or advising police to break the law. The brief was filed in the U.S. Court of Appeals for the First Circuit. It can be found here:https://www.aclumaine.org/sites/default/files/filler_amicus.pdf. The district court denied Kellett’s motion to dismiss the case, and she has appealed that ruling.
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One night in April 2007, Ligia Filler was found running on the road partially undressed, screaming she was going to kill her husband for abusing their children. These allegations were known to be false. But allegations that her husband Vladek had sexually assaulted her soon escalated into criminal charges.
Despite the lack of any physical evidence, Assistant District Attorney Mary Kellett filed seven indictments of assault. The case was tried January 12-15, 2009. Mr. Filler was found guilty on three charges and innocent on four charges.
The case was appealed to the Maine Supreme Judicial Court. On September 9, 2010 the Court issued its decision, ordering a new trial and concluding that Keller had engaged in prosecutorial misconduct because she had “improperly encouraged the jury to use the absence of evidence regarding the marriage ending and a child custody dispute – evidence that had been excluded based on the State’s objection – as a reason to reject [defendant] Filler’s case.”
Allegations of Prosecutorial Misconduct
Based on the September 9 findings of the Maine Supreme Court and on other information, SAVE and other groups filed Letters of Complaint with the Maine Board of Overseers of the Bar, calling on the Board to revoke ADA Mary Kellett’s license.
Sign the petition:
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Campaign Progress
- Why This Campaign?
- Flyer: Mary Kellett: Prosecutor on a Mission
- Week 1 Alert
- Week 2 Alert
- Week 3 Alert
- Week 4 Alert: Rescind the Predominant Aggressor Policy
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 9-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 has also sent a letter to Maine Criminal Justice Academy Director John B. Rogers calling on him to:
- Rescind Maine’s predominant aggressor curriculum
- Remove the document from the MCJA website
You can see the SAVE letter here: http://www.saveservices.org/wp-content/uploads/JohnRogersLtr4.12.2011.pdf Stop Abusive and Violent Environments has evaluated the factual claims in the MCJA predominant aggressor curriculum and has concluded that the training document contains numerous deficiencies including:
- Of the 13 “What is Domestic Violence” statements, only one was found to be verifiable and true.
- No scientific evidence is provided to support the seven predominant aggressor criteria.
- The document features 10 vignettes of intimate partner altercations. In not a single case does the curriculum recommend arresting the female.
This document cannot be viewed as a credible law enforcement resource, indeed, it represents an unconscionable example of gender-profiling. SAVE is now calling on persons to contact MCJA Director John Rogers with a message like this:
“Because of the egregious biases found in the MCJA predominant aggressor curriculum, I am requesting that you immediately stop using it for training purposes, and that you remove it from the MCJA website.”
Here’s where you can make your respectful complaint: E-mail: john.rogers@maine.gov Phone: 207-877-8000 And while you’re at it, send a copy of your message to Gov. Paul LePage: E-mail : governor@maine.gov Fax : 1-207-287-1034 Phone: 1-207-287-3531
For more information, see: http://www.saveservices.org/camp/intolerable-injustice/