Month: May 2013

PR: Prosecutor Bias and Misconduct are Widespread, Says SAVE Report

Post author By saveadmin
Post date May 15, 2013

PRESS RELEASE

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

Prosecutor Bias and Misconduct are Widespread, Says SAVE Report

WASHINGTON / May 15 – A new report by Stop Abusive and Violent Environments highlights the problem of unethical conduct by prosecutors at the state and federal levels. “Prosecutor Bias and Misconduct in Sexual Assault and Domestic Violence Cases” concludes a number of prosecutors have pursued overly zealous practices in sexual assault and domestic violence cases. Such practices erode constitutional guarantees of due process of law and probable cause.

Prosecutors are ethically required to evaluate allegations and only pursue those backed by probable cause. That’s because they wield the power of the state against the modest power of individuals who may be charged. Over the past two decades, prosecutors have often abandoned that role in favor of “win at any cost,” claims the new study.

That’s particularly true when the allegations involve sexual assault or domestic violence, according to the SAVE report.

Former sex-crimes prosecutor Rikki Klieman has noted, “Now people can be charged with virtually no evidence.” In the case of the Central Park Five, for example, five minors were coerced by prosecutors and police into pleading guilty to a crime they had no part in. The prosecutor obtained the confessions despite the absence of objective evidence connecting them to the crime.

The same is true in domestic violence cases.

Despite the fact that half of domestic violence is perpetrated by women, the vast majority of those arrested and charged are men. That’s because “dominant perpetrator” laws encourage the arrest of the larger, stronger partner, i.e., the man. Such gender-biased charging policies are unconstitutional, notes the SAVE report.

Prosecutor malfeasance has real-world consequences. In Virginia, 15% of sexual assault convictions were shown to be false by DNA evidence. In domestic violence cases, some 80 – 85% of allegations are ultimately recanted, but “no-drop” policies mean prosecutors often pursue them anyway.

“For the sake of our families and our system of justice, prosecutors must be held to long-established ethical standards,” says S.A.V.E. spokesperson Sheryle Hutter. “Probable cause and due process of law cannot be sacrificed on the altar of political expediency.”

S.A.V.E.’s new special report can be viewed here: http://www.saveservices.org/downloads/Prosecutor-Bias-Misconduct-in-Domestic-Violence

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

Domestic Violence False Allegations Innocence Law Enforcement Media Press Release Prosecutorial Misconduct Sexual Assault Wrongful Convictions

PR: How Well is the Media Covering the Kellett Prosecutor Scandal?, SAVE Asks

Post author By saveadmin
Post date May 14, 2013

PRESS RELEASE

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

How Well is the Media Covering the Kellett Prosecutor Scandal?, SAVE Asks

WASHINGTON / May 14, 2013 – Three weeks ago a state ethics board issued a long-awaited report highly critical of Hancock Co. prosecutor Mary Kellett. Now a victim advocacy group is asking, Why have only two local media outlets covered the historic story?

Following a two-year investigation, the report is viewed as historic because the Maine Board of Overseers of the Bar, charged with enforcing legal ethics codes, has never previously recommended the disbarment of a standing prosecutor.

On April 24, 2013 the ethics panel released a report showing assistant district attorney Mary N. Kellett ignored a court order, suppressed evidence, misled the jury, and engaged in “conduct unworthy of an attorney.” The report petitions the Maine Supreme Judicial Board to impose “appropriate disciplinary sanction” on ADA Kellett (1).

But three weeks later, only two media outlets, WABI TV and the Bangor Daily News, have provided coverage of the milestone story (2, 3).

SAVE notes the Kellett investigation has garnered extensive national media attention. Following release of the April 24 ethics report, two lengthy editorials appeared in national venues: “Discipline Case Against Prosecutor Mary Kellett Heating Up” (4) and “Filler Case Nearing Conclusion, Perhaps” (5). Over 10,000 persons have viewed accounts of the story on social media pages, as well.

SAVE invites reporters, editors, producers, and other media representatives to review the timeline of events (6), which raises the worrisome question of whether ADA Kellett charged the wrong person with the crime.

“When a Hancock County man was charged with spousal assault, media outlets provided wall-to-wall coverage,” notes SAVE spokesman Howard Goldman. “But when an overly zealous prosecutor is found guilty on multiple counts of unethical conduct, local media outlets seem to dawdle.”

SAVE filed a 9-page ethics complaint in 2011 alleging numerous instances of prosecutor misconduct (7). Over 1,400 persons have signed a petition calling for the disbarment of the prosecutor (8).

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

Press Release Prosecutorial Misconduct Sexual Assault

PR: Ethics Board Issues Rebuke of Hancock Co. Prosecutor Mary Kellett

Post author By saveadmin
Post date May 7, 2013

PRESS RELEASE

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

Ethics Board Issues Rebuke of Hancock Co. Prosecutor Mary Kellett

WASHINGTON / May 7, 2013 – A state ethics board has issued a report concluding Hancock County prosecutor Mary N. Kellett engaged in multiple counts of prosecutorial misconduct arising from a 2009 assault trial. The ethical violations include ignoring a court order, misleading members of a jury, evidence suppression, and indulging in “conduct unworthy of an attorney.”

The Board of Overseers of the Bar report petitions the Maine Supreme Judicial Board to impose “appropriate disciplinary sanction” on assistant district attorney Kellett.

The Board report, issued April 24, 2013, documents how Kellett engaged in a series of maneuvers designed to withhold exculpatory documents that would have demonstrated the innocence of Vladek Filler, charged in 2007 on five counts of spousal sexual assault.

Filler’s defense attorney, Daniel Pileggi, had asked for copies of 911 logs, audiotapes, and other police reports — requests that were repeatedly ignored by prosecutor Kellett. As a result, Pileggi was unable to fully cross-examine the accuser during a 2009 trial held in Bangor.

Only later was it learned that one of the police reports revealed that accuser Ligia Filler had “chanted about ‘cutting up’ the defendant while laughing and crying hysterically, swearing, and kicking a door.” A separate police recording of the woman making loud threats is available online (1).

In unusually strong language, the Bar report describes prosecutor Kellett’s refusal to comply with a 2008 court order to release key documents as “inexcusable.” In failing to provide exculpatory materials to the defendant, Kellett fell short in meeting her “constitutional and ethical obligations,” the report declares in ringing tones.

The report also details how Kellett made “extremely prejudicial and improper arguments” to the jury. These statements may have served to remove the presumption of innocence from the accused, leading to the wrongful conviction of Vladek Filler for gross sexual assault in 2009.

“Citizens of Maine should be alarmed that a rogue Hancock County prosecutor has been allowed to disregard the most basic notions of fairness and due process,” notes SAVE spokesman Howard Goldman. “We can only wonder how many other reputations and lives have been harmed by the zealotry of prosecutor Mary Kellett.”

SAVE filed a 9-page ethics complaint in 2011 with the Board of Overseers of the Bar alleging numerous instances of prosecutor misconduct by Kellett (2). SAVE now calls on Hancock County district attorney Carletta Bassano to suspend Kellett from all prosecutorial duties pending final resolution of the case.

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

(1) http://www.youtube.com/watch?feature=player_embedded&v=GsKIcQhjaJg
(2) http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf

Accusing U. Campus Civil Rights DED Sexual Assault Directive Innocence Press Release Sexual Assault Wrongful Convictions

PR: ‘Point of Parody:’ Six More Editorials Slam Campus Sex Assault Panels

Post author By saveadmin
Post date May 1, 2013

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

‘Point of Parody:’ Six More Editorials Slam Campus Sex Assault Panels

WASHINGTON / May 1, 2013 – Campus sex assault committees at Swarthmore, Occidental, Brown, and Cornell found themselves at the center of satire and scrutiny this past week as six new editorials probed sex assault complaints at these institutions. SAVE calls on the Department of Education to respond to allegations of civil rights violations arising from a 2011 policy issued by its Office for Civil Rights.

One editorial, “Swarthmore, Occidental, and Their Kangaroo Courts,” documents how Swarthmore College mandates that the accused refrain from any outside discussion of the allegation, thus precluding assistance by a defense attorney. At Swarthmore, “an accused student can be punished even if no charges were filed against him,” thus reaching the “point of parody,” columnist KC Johnson asserts.

Dr. Helen Smith takes the argument a step farther, wondering if breaches of due process for the accused represent a “Secret War on Men?” Smith charges universities have “established a kangaroo campus court system” for alleged sexual misconduct that have “little due process protection.” These procedures form part of a larger “hostile environment on campuses” for men, Smith believes.

Professor Walter Mead places the Department of Education’s sexual assault mandate within the context of heavy drug use, binge drinking, and hook up culture that have “turned many campuses into genuinely toxic environments.” But abandoning “our commitment to ideas like the presumption of innocence will not fix what is wrong on campus today,” Mead warns.

“The federal sex assault mandate has become a wrecking ball to fundamental concepts of democratic society like due process and the presumption of innocence,” notes SAVE spokesperson Sherry Warner-Seefeld. “The refusal of the federal Department of Education to respond to numerous letters must be seen as tacit acknowledgement of the civil rights travesty it has created.”

The six editorials, published during the week of April 21-27, 2013, are listed online (1). To date, over 120 editorials have criticized the DED mandate as an anathema to civil rights. Thirteen national organizations, including the American Association for University Professors, have called for repeal of the federal mandate (2).

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