Month: August 2012

PR: Prosecutorial Misconduct: SAVE Expresses Concern Over Delays in Resolving Charges Against ADA Mary Kellett

Post author By saveadmin
Post date August 29, 2012

PRESS RELEASE

Contact: Teri Stoddard
Phone: 301-801-0608
Email: tstoddard@saveservices.org

Prosecutorial Misconduct: SAVE Expresses Concern Over Delays in Resolving Charges Against ADA Mary Kellett

WASHINGTON /August 29, 2012 — Following postponement of a scheduled hearing to adjudicate charges against Mary N. Kellett, Stop Abusive and Violent Environments (SAVE) is calling on the Maine Board of Overseers to avoid further delays in resolving charges of prosecutorial misconduct by Assistant District Attorney Kellett of Ellsworth.

Kellett’s disciplinary hearing, originally scheduled for August 30-31 in Bangor, has been postponed to a future unknown date.

Victim advocacy group SAVE has identified numerous instances in which Kellett has charged persons for rape, even though the allegations were improbable and the case lacked probable cause. Each false allegation of rape squanders scarce services and protections, and undermines the credibility of future rape victims, SAVE says.

In 2011, SAVE filed a Grievance Complaint with the Maine Board of Overseers of the Bar.[1]

The Complaint charged that Kellett had engaged in prosecutorial misconduct against Vladek Filler[2]
and other men in Hancock County.[3]

The Complaint concluded Kellett’s conduct was “dangerous to the even-handed administration of justice” and her acts justify “disbarment – in order to assure the safety and tranquility of the citizens of Maine.”

In response to the SAVE Grievance Complaint, the Board of Overseers of the Bar launched an investigation.

The Board’s report, released on April 6, 2012 charged that Kellett violated nine rules[4] of professional conduct by not providing defense with requested discovery, violating court orders, instructing police officers not to cooperate with defense subpoenas, and making “misrepresentations to the jury of the actual facts.”

Bar Counsel J. Scott Davis concluded Kellett “has acted in a manner unworthy of an attorney” and “should receive such appropriate disciplinary action as is provided for by the Maine Bar Rules.” [5]

The Kellett case has attracted widespread national attention. Texas attorney Robert Franklin has argued that “Kellett’s conduct of her prosecution of Vladek Filler was truly egregious.” [6]

Columnist Carey Roberts opined, “Now in Maine, a man can be…prosecuted for rape with the flimsiest of evidence.”[7]

SAVE spokesperson Michael Thompson says, “According to the ethical code of the Maine Board of Overseers of the Bar, prosecutors are held to a higher standard because they represent the power of the State. Compared to Michael Nifong, prosecutor in the infamous Duke lacrosse scandal, Mary Kellett engaged in more egregious forms of evidentiary suppression and misrepresentation. For these reasons, she must be disbarred.”

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence:www.saveservices.org

[1] http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf
[2] http://www.saveservices.org/2012/08/pr-one-perjurer-one-unethical-prosecutor-one-wrongful-conviction-save-calls-on-judge-to-vacate-conviction-of-vladek-filler/
[3] http://www.fillerfund.com/index.htm
[4] http://fenceviewer.com/site/index.php?option=com_k2&view=item&id=75933:hearing-scheduled-on-complaint-against-assistant-da&Itemid=938
[5] http://www.saveservices.org/wp-content/uploads/Kellett-Disciplinary-Petition.pdf
[6] http://www.fathersandfamilies.org/2012/07/01/ada-kellett-strikes-out-in-two-more-cases/
[7] http://www.renewamerica.com/columns/roberts/100201

CAMP Domestic Violence Press Release Victims Violence Violence Against Women Act

PR: Politicizing the Truth: White House Order Ignores the Plight of Most Victims of Violence

Post author By saveadmin
Post date August 15, 2012

PRESS RELEASE

Contact: Teri Stoddard
Phone: 301-801-0608
Email: tstoddard@saveservices.org

Politicizing the Truth: White House Order Ignores the Plight of Most Victims of Violence

WASHINGTON / August 15, 2012 — Victim-advocacy group Stop Abusive and Violent Environments (SAVE) is charging the White House with politicizing the issue of violence. SAVE says Obama’s executive order “Preventing and Responding to Violence Against Women and Girls Globally”(1) marginalizes and ignores the suffering of male victims of violence.

According to the World Health Organization, men are twice as likely to die of violence as women. Globally, violence accounts for 14% of male deaths and 7% of female deaths.(2)

Regarding intimate partner violence, studies across the globe find women are as likely as men to be perpetrators of abuse.(3) In the United States, a Centers for Disease Control survey reported that among young adults, half of all partner aggression is mutual, and 71% of the instigators of nonreciprocal partner violence are female.(4)

Current criminal cases illustrate the gravity of the problem:

— Brenda White of Taylorsville, Utah is currently on trial for attempting to kill her husband with an SUV.(5)

— This past Saturday, Na Cola Darcel Franklin of Whitehall Township, Pennsylvania stabbed her fiancé to death just hours before their planned wedding.(6)

— Julie Elizabeth Harper of Carlsbad, California is being held on $2 million bail for fatally shooting her husband with their children nearby.(7)

“In the halls of Congress, Democrats and Republicans alike agree the Violence Against Women Act must help all victims of violence.” says Philip W. Cook, SAVE spokesperson, “But the White House’s election-year Order politicizes the issue and distorts the truth. It’s divisive, it’s unfair, and it’s dishonest.”

Earlier this week the Belfast Telegraph reported on a “Dramatic Rise in Violence against Northern Ireland Men in the Home.”(8)

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence: www.saveservices.org

1. http://www.whitehouse.gov/the-press-office/2012/08/10/executive-order-preventing-and-responding-violence-against-women-and-gir
2. http://www.who.int/violence_injury_prevention/violence/world_report/en/introduction.pdf
3. http://www.saveservices.org/policymakers/what-is-the-profile-of-domestic-violence-around-the-world/
4. 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.
5. http://www.sltrib.com/sltrib/news/54649493-78/brenda-jon-defense-building.html.csp
6. http://www.mcall.com/news/breaking/mc-whitehall-wedding-day-murder-20120811,0,706030,full.story
7. http://www.10news.com/news/31354629/detail.html
8. http://www.belfasttelegraph.co.uk/news/local-national/northern-ireland/dramatic-rise-in-violence-against-northern-ireland-men-in-the-home-16197462.html#ixzz23Uypn5HD

Child Custody Domestic Violence False Allegations Law Enforcement Press Release Prosecutorial Misconduct Sexual Assault Violence

PR: One Perjurer, One Unethical Prosecutor, One Wrongful Conviction. SAVE Calls on Judge to Vacate Conviction of Vladek Filler

Post author By saveadmin
Post date August 13, 2012

PRESS RELEASE

Contact: Teri Stoddard
Phone: 301-801-0608
Email: tstoddard@saveservices.org

One Perjurer, One Unethical Prosecutor, One Wrongful Conviction. SAVE Calls on Judge to Vacate Conviction of Vladek Filler

Washington, DC/August 13, 2012 — Victim advocacy group Stop Abusive and Violent Environments (SAVE) is calling on Judge Robert E. Murray to vacate the conviction of Vladek Filler for allegedly pushing his wife Ligia Filler in April 2007. The custodial father of two children has been sentenced to 21 days in jail. The conviction follows five years, two criminal trials and appeals involving prosecutorial misconduct.

The charges stemming from Filler’s child custody dispute ranged from spousal rape to splashing water on his wife. The 1^st trial court and Maine Supreme Court found prosecutor Mary N. Kellett had engaged in misconduct. The divorce court granted Filler sole custody of his children, found his wife made false allegations and was a violent child abuser. But prosecutor Kellett announced Filler will still be re-prosecuted for the same claims which failed in the 1^st trail and dismissed in District Court findings.

In 2011 SAVE filed a Grievance Complaint[1] with the Board of Overseers of the Bar (BOB) demanding Kellet’s disbarment. Bar Counsel J. Scott Davis in an 18-page Disciplinary Petition[2] charged that Kellett “has acted in a manner unworthy of an attorney,” violated nine rules[3] of conduct, failed to provide defense with discovery, violated a court order, and instructed police officers not to cooperate with defense subpoenas. Davis stated that Kellett then made “misrepresentations to the jury of the actual facts”, and concluded “she should receive such appropriate disciplinary action as is provided for by the Maine Bar Rules.”

In a Washington Times editorial Michael Conzachi wrote “I do not believe that the sanctions are sufficient and Ms. Kellett should face federal criminal civil rights violations as well. Mr. Filler, who has been trapped in a nightmare of a family-law case filled with false allegations of child abuse and sexual abuse, has been subjected to violations of his civil rights.”[4]

Indeed, Filler’s retrial, evidence used to convict him, and the harsh punishment need further investigation since Filler is a substantiated victim of serious prosecutorial misconduct.[5] “Men who have no criminal record get a fine or an afternoon DV class for allegations like this. Not only did the judge sentence Vladek to jail, he sentenced him to 21 days,” says SAVE spokesperson Philip W. Cook, “It was all very personal and had nothing to do with what they convicted him of.”

The BOB will convene a disciplinary hearing against Kellett for misconduct in the Filler case. SAVE calls for Kellett’s disbarment and vacation of Vladek Filler’s conviction and sentence.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence: www.saveservices.org

[1] http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf
[2] http://www.saveservices.org/wp-content/uploads/Kellett-Disciplinary-Petition.pdf
[3] http://fenceviewer.com/site/index.php?option=com_k2&view=item&id=75933:hearing-scheduled-on-complaint-against-assistant-da&Itemid=938
[4] http://www.washingtontimes.com/news/2012/aug/8/prosecutorial-persecution-in-maine
[5] http://www.fathersandfamilies.org/2012/04/12/me-bar-counsel-recommends-discipline-for-ada-mary-n-kellett

Abuse Shelter Press Release Victims Violence Violence Against Women Act

PR: Pets over Persons: SAVE Calls on Abuse Shelters to Re-Examine Priorities

Post author By saveadmin
Post date August 9, 2012

PRESS RELEASE

Contact: Teri Stoddard
Phone: 301-801-0608
Email: tstoddard@saveservices.org

Pets over Persons: SAVE Calls on Abuse Shelters to Re-Examine Priorities

Washington, DC/August 9, 2012 — The domestic violence industry is devoting scarce resources to sheltering pets rather than helping victims. In an era when victims are increasingly being turned away, Stop Abusive and Violent Environments (SAVE), a victim-advocacy organization, calls on domestic violence organizations to give first priority to helping actual victims.

As Congress continues to debate renewal of the Violence Against Women Act, cases of the prioritization of pets over humans illustrate the controversial focus of some VAWA-funded service providers.

In Florida, for example, abuse shelters turned away more than 3,000 women last year because of funding cuts (1). But the Harbor House in Orlando is currently building a 1,500 square-foot state-of-the-art kennel. A similar facility at a Jacksonville shelter has been used by only six animals per year since its opening in 2007.

Victims should be allowed to bring their pets into shelters and housed inside a kennel in an unused area of the shelter. But in time of budget cuts and staff layoffs, spending thousands of dollars on dedicated facilities makes no sense, SAVE says.

SAVE has previously reported on the drift of some abuse shelters away from a focus on healing victims and their families, to a preoccupation with teaching women they are victims of patriarchal oppression (2).

“It is unacceptable that each day victims are being turned away from abuse shelters because they lack funding, while at the same time money is being spent on facilities for dogs, cats, hamsters, gerbils, and birds,” SAVE spokesman Philip W. Cook explains. “Congress must reauthorize VAWA with oversight provisions to ensure that all true victims receive the assistance they are due.”

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence: www.saveservices.org.

Abuse Shelter CAMP Dating Violence Domestic Violence Press Release Research Victims Violence

PR: Dishonest Portrayals by the Maine Coalition to End Domestic Violence

Post author By saveadmin
Post date August 7, 2012

PRESS RELEASE

Contact: Teri Stoddard
Phone: 301-801-0608
Email: tstoddard@saveservices.org

Dishonest Portrayals by the Maine Coalition to End Domestic Violence

WASHINGTON / August 7, 2012 – Women commit half of all partner abuse, but the Maine Coalition to End Domestic Violence (MCEDV) all but ignores the widespread problem of female-initiated partner aggression. SAVE, a national victim-advocacy organization, calls on the Maine Coalition to present balanced and truthful information to legislators and to the public at large.

Male high school students in Maine are more likely to be hit, slapped, or physically hurt by their girlfriends. According to the Maine Integrated Youth Health Survey, 11.6% male secondary students have been a victim of dating violence in the past 12 months, compared to only 10.6% of female students (1).

Female-perpetrated abuse is even more worrisome among young adults. According to a national Centers for Disease Control survey, 70% of one-way abuse is committed by women, while only 30% of abuse is perpetrated by men (2).

Homicide statistics provide a sobering perspective, as well. According to the 2012 report of the Maine Domestic Abuse Homicide Review Panel, women committed 5 out of 13 domestic violence homicides in recent years (3).

Last year Roxanne Jeskey of Bangor admitted to killing her husband Richard. A detective’s report detailed the injuries: “These included nose fractures, loss of an eye, rib fractures, rectal incised wounds, and internal hemorrhage from an instrument(s) pushed through his scrotum into his abdomen. Further, Mr. Jeskey was strangled with sufficient force to break the hyoid bone of his neck.” (4).

Despite disturbing media accounts, the website of the Maine Coalition repeatedly implies that only men are abusive (5). These are a few of many examples:

What is domestic violence and abuse: “The difference lies in the batterer’s belief system regarding women and children.”
Its Dating Bill of Rights includes, “Say, ‘I think my friend is wrong and his actions are inappropriate.’”
A Friend in Need of Help: “ten ways to support female victims”

The Maine Integrated Youth Health Survey shows that among 11^th and 12^th graders, females are more than twice as likely as males to perpetrate dating violence (1). But the MCEDV home page advertises that the Young Adult Abuse Prevention Program “is seeking an educator to conduct classroom presentations on dating violence. The applicant must convincingly portray a teenage female in a theater piece.”

“Domestic violence is too important an issue for persons to spin and mutilate the truth,” explains SAVE spokesman Philip W. Cook. “If the Maine Coalition wants to bring an end to the cycle of domestic violence, it needs to stop ignoring half the cycle.”

Female-initiated aggression is the leading risk-factor for women becoming injured by an intimate partner, according to a research summary by Sandra Stith, PhD (6).

Citations:

1. http://maine.gov/dhhs/mecdc/population-health/inj/documents/miyhs-highschool-2011.pdf, page 8.
2. http://www.ncbi.nlm.nih.gov/pubmed/17395835
3. http://www.maine.gov/ag/dynld/documents/Working_Together_to_End_Domestic_Violence_04-11-12.pdf, page 11.
4. http://www.truecrimereport.com/2011/06/roxanne_jeskey_viciously_murde.php
5. http://mcedv.org/
6. http://www.sciencedirect.com/science/article/pii/S1359178903000557

Stop Abusive and Violent Environments is a victim advocacy organization working for evidence-based solutions to partner abuse: www.saveservices.org

Domestic Violence Law Enforcement Press Release Research Training Violence

PR: Police Academy Curriculum Stereotypes Men as Abusers

Post author By saveadmin
Post date August 2, 2012

PRESS RELEASE

Contact: Teri Stoddard
Telephone: 301-801-0608
Email: tstoddard@saveservices.org

Police Academy Curriculum Stereotypes Men as Abusers

WASHINGTON/August 2, 2012 — Maine’s predominant aggressor policy removes the presumption of innocence from the accused and labels men as abusers, says victim-advocacy group Stop Abusive and Violent Environments (SAVE). The Maine Criminal Justice Academy’s “Identifying Predominant Aggressors in Domestic Violence Cases,” designed to train state law enforcement personnel, unfairly targets men, even though both sexes engage in domestic violence at similar rates.

One Centers for Disease Control study found 50% of violent couples are mutually aggressive, meaning both persons are exchanging blows. For one-way aggression, females were the perpetrators in 7 out of 10 cases (Daniel Whitaker. American Journal of Public Health, May 2007).

Law enforcement officials openly acknowledge that predominant aggressor policies are biased. “When it’s a ‘he-said, she-said’ situation with no injuries, we just arrest the guy,” admitted one officer.

SAVE’s report on Predominant Aggressor policies cites numerous deficiencies with the Maine curriculum (http://www.saveservices.org/downloads/Predominant-Aggressor-Policies):

The curriculum arbitrarily classifies face scratches, eye gouges, and arm bites as defensive, when such injuries can be actions taken by the perpetrator.
Some criteria for identifying the predominant aggressor are subjective and vague such as, “power and control dynamics of the couple.”
None of the curriculum’s 10 vignettes recommends arresting the female.

In addition, the curriculum does not address the possibility that the accusations may be false. It’s not uncommon for a woman to perpetrate domestic violence against a man, then call the police and accuse him of the abuse, SAVE notes.

During a July 10 domestic violence conference held in Portsmouth, NH, researcher John Hamel termed predominant aggressor policies “based in politics and ideology” and “nearly impossible to properly implement.” Several national columnists have also highlighted the biases in the Maine curriculum.

“Domestic violence experts around the country are pointing to Maine’s predominant aggressor guide as an example of a well-intentioned law enforcement policy that ends up revictimizing the victim,” says SAVE spokesperson Philip W. Cook. “Maine lawmakers must demand that Criminal Justice Academy director John Rogers rescind his harmful curriculum.”

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to partner violence: www.saveservices.org.