Month: December 2012

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Civil Rights False Allegations Innocence Law Enforcement Press Release Prosecutorial Misconduct Sexual Assault Wrongful Convictions

PR: Prosecutorial Misconduct May be Widespread, SAVE Calls on Lawmakers to Act Now to End Abuse

PRESS RELEASE

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

Prosecutorial Misconduct May be Widespread, SAVE Calls on Lawmakers to Act Now to End Abuse

WASHINGTON/ December 20 – Following a bar panel recommendation to suspend the license of Hancock County prosecutor Mary Kellett, SAVE has identified other instances of unethical and biased conduct by Maine prosecutors. SAVE, a legal reform organization, calls on lawmakers to act swiftly to restore the good name of the state’s criminal justice system.

On December 5, a three-member panel of the Board of Overseers of the Bar found Assistant District Attorney Kellett violated at least 7 Maine Bar Rules, and recommended she be sanctioned with a “period of suspension:” http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article

Now, SAVE has documented other instances of unethical and untruthful actions by Maine prosecutors:

1. Mary Kellett’s supervisor was aware of and approved her actions. In the words of the Bar panel, “Ms. Kellett’s supervisor, the then District Attorney, failed to comply with M. Bar R. 3.13(a)(3) by ratifying Ms. Kellett’s conduct.”

2. In 2010, the Maine Supreme Judicial Court ruled that prosecutor Kellett acted “improperly” in a sexual assault case. Despite this finding, Maine Attorney General Janet Mills did not institute any remedial or oversight measures. According to the Bar panel, “Despite the Superior Court’s rulings and the Law Court’s decision regarding the unfair prejudice to the defendant, Ms. Kellett testified at the disciplinary hearing that she would not change that aspect of her rebuttal argument, if she were to do it again.”

3. Newly elected Portland prosecutor Stephanie Anderson sponsors a web page on domestic violence that makes this claim: “Domestic abuse is the single major cause of injury to women—more than automobile accidents, stranger rape and muggings”: http://www.cumberlandcounty.org/DA/dv.htm. This statement is directly refuted by the U.S. Centers for Disease Control: http://www.cdc.gov/ncipc/wisqars/nonfatal/quickpicks/females.html

“These cases reveal Maine’s prosecutors are operating with little regard for ethics, Supreme Court decisions, or even scientific fact,” notes SAVE spokesman Steve Blake. “Lawmakers and citizens must bring to an end to this bizarre and embarrassing situation.”

Earlier this month, Maine’s former top drug prosecutor James Cameron was arrested in New Mexico. Cameron had disappeared hours after an appeals court upheld his child pornography convictions: http://www.bostonglobe.com/metro/2012/12/04/arrested-maine-prosecutor-due-court/QKRNvq8X3lr6v3BEbyd6KN/story.html

Stop Abusive and Violent Environments is a legal reform organization working to restore the presumption of innocence in the nation’s legal system: www.saveservices.org/innocence

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Civil Rights Domestic Violence False Allegations Innocence Law Enforcement Press Release Sexual Assault Wrongful Convictions

PR: Presumed Innocent? SAVE Unveils Innocence Quilts to Spotlight Need for Legal Reform

PRESS RELEASE

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

Presumed Innocent? SAVE Unveils Innocence Quilts to Spotlight Need for Legal Reform

WASHINGTON/ December 18, 2012 – A legal reform organization has unveiled innocence quilts to highlight the growing problem of the loss of the presumption of innocence. Affirmed by the U.S. Supreme Court, the presumption of innocence has long been viewed as a bedrock principle of the American legal code.

SAVE – Stop Abusive and Violent Environments — believes widespread changes are urgently needed to restore the integrity of the criminal justice system, protect civil rights, and thwart false allegations. False accusations serve to divert scarce services and protections from needy victims.

Each innocence quilt lists the names of about 30 persons wrongfully convicted and later exonerated of crimes such as sexual assault and child abuse. The purpose of the quilts is to highlight the devastating effect of wrongful convictions on innocent persons, and to alert the American public to the pressing need for reform: www.saveservices.org/innocence/quilt.

Legal scholars have decried the loss of the presumption of innocence:

  • “The words ‘accused’ and ‘convict’ are becoming increasingly synonymous.” — Francois Quintard-Morenas, Georgetown University
  • The “presumption of innocence no longer protects defendants before trial.” — Shima Baradaran, Brigham Young University
  • “Evidentiary standards for proving abuse have been so relaxed that any man who stands accused is considered guilty.” — Cheryl Hanna, University of Vermont

“Over the last 30 years, federal and state laws have whittled away at the presumption of innocence,” notes SAVE spokesman Chris Thompson. “As a result, persons have been convicted and imprisoned based solely on the claim of a single accuser without any witnesses or corroborating evidence. That’s a legal and moral travesty that cannot be allowed to continue.”

Last week Eric Glisson and Cathy Watkins of New York were declared innocent after spending 15 years in prison on a false murder charge. To date, 1,039 persons have been exonerated of a broad range of offenses: http://www.law.umich.edu/special/exoneration/Pages/about.aspx

Stop Abusive and Violent Environments is a legal reform organization working to restore the presumption of innocence in the nation’s legal system: www.saveservices.org/innocence

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Discrimination Domestic Violence False Allegations Innocence Law Enforcement Press Release Prosecutorial Misconduct Restraining Order Sexual Assault Wrongful Convictions

PR: Prosecutor Shunned Due Process and Presumption of Innocence, SAVE Urges High Court to Impose Sanctions to Curb Prosecutorial Misconduct

PRESS RELEASE

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

Prosecutor Shunned Due Process and Presumption of Innocence, SAVE Urges High Court to Impose Sanctions to Curb Prosecutorial Misconduct

WASHINGTON/December 13, 2012 – Following a bar panel recommendation to suspend the license of prosecutor Mary N. Kellett, SAVE is urging the Maine Supreme Judicial Court to act promptly to affirm and restore fundamental legal principles of due process and the presumption of innocence.

In its December 5, 2012 decision, a panel of the Board of Overseers of the Bar concluded Assistant District Attorney Kellett violated at least seven Maine Bar Rules. The panel then recommended the Hancock County prosecutor be sanctioned with a “period of suspension.” The panel’s recommendation now goes to a Maine high court justice for a final decision: http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article

In advance of the trial of a man charged with spousal rape, Kellett repeatedly delayed or refused to provide exculpatory evidence that had been requested by defense counsel. This conduct drew a strong rebuke from the 3-member bar panel: “The seriousness of this issue cannot be overstated.”

In her closing argument before the jury, Kellett then argued the exclusion of that evidence should be viewed as evidence of the defendant’s guilt. The panel cited Kellett’s closing statement as unfairly causing “prejudice to the defendant.”

The panel also noted Kellett’s own expert witness testified during its October 2012 hearing that Kellett appeared “stubborn,” as if she were “bucking the court.” “This willful recalcitrance makes it appear likely that Ms. Kellett would repeat this unfairly prejudicial conduct,” the panel warned.

In its original 2011 complaint to the Board of Overseers of the Bar, Stop Abusive and Violent Environments concluded, “Mary Kellett’s repeated instances of prosecutorial misconduct have had the effect of undermining public respect for law. She is dangerous to the even-handed administration of justice.”: http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf

“The citizens of Maine should be outraged by Mary Kellett’s ongoing abuse of her prosecutorial power,” notes SAVE spokesman Steve Blake. “The Maine Supreme Judicial Court must send a strong message that no prosecutor should be allowed to operate above the ethical rules that were designed to apply to all lawyers.”

Stop Abusive and Violent Environments, a victim advocacy organization, warns that prosecutorial charging decisions not based on probable cause harm the credibility of victims and rob them of needed protections and services.

Wrongful convictions of persons accused of sexual assault have become a national problem. According to a recent DNA analysis, one in 10 rape convictions in Virginia were wrong: http://forensicpsychologist.blogspot.com/2012/07/groundbreaking-research-one-out-of.html

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

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Press Release Prosecutorial Misconduct Sexual Assault

PR: SAVE Applauds Proposed Suspension of Prosecutor Mary Kellett, Calls for Restitution and Stronger Oversight Measures

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

SAVE Applauds Proposed Suspension of Prosecutor Mary Kellett,

Calls for Restitution and Stronger Oversight Measures

WASHINGTON/December 11, 2012 – A Maine bar association panel has recommended the suspension of prosecutor Mary N. Kellett, two years after the state Supreme Court reprimanded Kellett for unethical actions. SAVE applauds the panel’s decision, and calls for stronger oversight of prosecutor conduct.

SAVE – Stop Abusive and Violent Environments – a victim advocacy organization, deplores the fact that frivolous prosecutions harm the credibility of victims and waste scarce taxpayer resources.

In September 2010 the Maine Supreme Judicial Court rebuked Assistant District Attorney Kellett for numerous irregularities in prosecuting a rape claim against Vladek Filler. Despite the decision, Kellett continued to prosecute sexual assault cases that lacked DNA evidence, independent witnesses, and credible allegations, SAVE alleges.

On March 29, 2011, SAVE filed a Grievance Complaint with the Board of Overseers of the Bar calling for Kellett’s disbarment “in order to assure the safety and tranquility of the citizens of Maine:” http://www.saveservices.org/dvlp/campaigns/abuse-hysteria-campaign/

On April 6, 2012, the Board of Overseers of the Bar issued a Disciplinary Petition concluding Mary Kellett acted in a manner “unworthy of an attorney” for violating nine rules of attorney conduct.

Earlier this week, the bar panel concluded Kellett had repeatedly engaged in unethical and inappropriate conduct. The panel noted that Kellett’s own expert admitted Kellett appeared to be “bucking the court” during a hearing of her actions conducted in October: http://www.mpbn.net/Home/tabid/36/ctl/ViewItem/mid/3478/ItemId/25123/Default.aspx

“Even after the 2010 Supreme Court decision was handed down, the Maine Attorney General failed to exercise any oversight of prosecutor Mary Kellett, allowing her to continue her overly zealous and misguided prosecution of dubious cases,” notes SAVE spokesman Steve Blake. “Clearly, stronger oversight procedures need to be put in place. And Maine owes defendant Vladek Filler restitution for the financial, legal, and emotional damage that it allowed to be placed on one of its citizens.”

Wrongful prosecutions of sexual assault cases have become a national problem, SAVE notes. According to one analysis of DNA samples, one in 10 rape convictions in Virginia were wrong: http://forensicpsychologist.blogspot.com/2012/07/groundbreaking-research-one-out-of.html

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

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Accusing U. Campus DED Sexual Assault Directive Innocence Sexual Assault Wrongful Convictions

PRESS RELEASE: Under Fire for Sex Directive, Dept. of Education Russlynn Ali Steps Down

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

Under Fire for Sex Directive, Dept. of Education Russlynn Ali Steps Down

WASHINGTON/ December 7 – Following publication of a Duke Law Review article broadly critical of the Department of Education’s Sexual Assault Directive, Russlynn Ali has resigned from her federal post. Ali headed the Department of Education’s Office for Civil Rights and was the lead author of the Directive. Announced during a November 28 conference call, her resignation took effect two days later.

In his Duke Law Review article, Matthew Triplett chided the federal mandate for its “fatally inadequate discussion” and “unacceptable” and “perverse” effects on due process. Triplett called on the Department of Education to issue guidance clarifying the constitutionally or contractually defined due-process rights of the accused: http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3362&context=dlj

On August 24, 2011, Stop Abusive and Violent Environments (SAVE) wrote a letter to the Department of Education, citing the policy’s systematic disregard of due process and calling for its repeal: http://www.saveservices.org/wp-content/uploads/OCRLetter.pdf

Twelve other groups, including the American Association of University Professors, Foundation for Individual Rights in Education, and the National Association of Scholars have come out in opposition to the Sexual Assault Directive, also known as the April 4, 2011 Dear Colleague Letter: http://www.saveservices.org/camp/complaints/

To date, nearly 90 editorials have criticized the Directive for ignoring civil rights, removing the presumption of innocence, and fostering false allegations: http://www.saveservices.org/camp/ded-editorials/

“Over the past 20 months, students have been unfairly accused and wrongfully expelled from colleges across the country,” notes SAVE spokesman Chris Thompson. “These false allegations have impugned the reputations of the innocent, compromised the credibility of true victims, and upended basic notions of fairness and justice.”

Writing in The Atlantic, civil rights expert Wendy Kaminer has described the federal Sex Assault Directive as rooted in an “authoritarian impulse.” http://www.theatlantic.com/national/archive/2011/04/sexual-harassment-and-the-loneliness-of-the-civil-libertarian-feminist/236887/

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to sexual assault and domestic violence: www.saveservices.org/innocence.

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Accusing U. Campus DED Sexual Assault Directive False Allegations Innocence Law Enforcement Press Release Sexual Assault Wrongful Convictions

PRESS RELEASE: College Administrators, Lawmakers Urged to Probe Loss of Presumption of Innocence

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

College Administrators, Lawmakers Urged to Probe Loss of Presumption of Innocence

WASHINGTON/ December 5 – Following the recent release of the Ken Burns documentary, The Central Park Five, Stop Abusive and Violent Environments (SAVE) is calling on college administrators and lawmakers to identify and remove policies and procedures that erode and remove the presumption of innocence for persons accused of sexual assault.

The presumption of innocence has long been viewed as fundamental to our nation’s legal system. But ongoing reports of wrongfully expelled students and persons falsely incarcerated for sexual assault suggest the loss of the presumption is widespread, SAVE says.

1. On college campuses, the Department of Education’s Sexual Assault Directive continues to stir debate. To date, nearly 90 editorials critical of the policy have called for the restoration of due process: http://www.saveservices.org/camp/ded-directive/ded-editorials/

2. A recent Department of Justice funded analysis of DNA samples conducted concluded that one out of 10 rape convictions are wrong: http://forensicpsychologist.blogspot.com/2012/07/groundbreaking-research-one-out-of.html

3. The National Registry of Exonerations reports that over a 25-year period, 203 persons were exonerated who had been wrongfully convicted of sexual assault of an adult. Nine had been handed life sentences for a crime they did not commit: http://www.law.umich.edu/special/exoneration/Documents/exonerations_us_1989_2012_full_report.pdf.

SAVE points to a proposed federal law that would further erode basic due process. S. 1925, which is currently being debated in the Senate, would expand the definition of sexual assault to encompass, “any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.”

“Over the years, state laws have eliminated the requirement for corroboration of allegations of sexual assault. As a result, men like Brian Banks have been convicted and imprisoned, even though there was no DNA, no witnesses, and no forensic evidence,” notes SAVE spokesman Phillip Kuhn. “That’s a legal and moral travesty that must not be allowed to continue.”

SAVE notes that every false allegation and wrongful conviction erodes the credibility of real victims, and wastes scarce criminal justice resources.

Stop Abusive and Violent Environments is a victim-advocacy organization working for evidence-based solutions to sexual assault and domestic violence: www.saveservices.org/innocence.