Category: Civil Rights

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

PR: Assistant District Attorney Continues to Prosecute Cases Despite Suspension Recommendation: SAVE Calls on Hancock County Commissioners to Take Action

PRESS RELEASE

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

Assistant District Attorney Continues to Prosecute Cases Despite Suspension Recommendation:

SAVE Calls on Hancock County Commissioners to Take Action

WASHINGTON / February 1, 2013 – Following the recommendation of a panel to suspend the law license of Hancock County prosecutor Mary N. Kellett, Stop Abusive and Violent Environments (SAVE) is calling on Hancock County Commissioners to exercise its duty to protect the public by immediately removing Kellett from her prosecutorial duties.

In 2007, Vladek Filler filed for divorce from Ligia Filler, eventually winning sole custody of their three children. Assistant District Attorney Mary Kellett became involved in the case because of Ms. Filler’s allegations of domestic violence.

Kellett’s conduct in the case prompted Mr. Filler’s attorney to assert that Kellett ignored exculpatory forensic evidence, Mrs. Filler’s recorded admissions, and her documented child abuse, thus using her prosecutorial powers to improperly take sides in a custody dispute.

Following allegations of prosecutorial misconduct, the Maine Supreme Judicial Court heard the case. In 2010 the Court concluded that Filler’s constitutional right to a fair trial was violated by Kellett’s actions and remanded the case for a retrial.

On March 29, 2011, Stop Abusive and Violent Environments filed a Grievance Complaint with the Board of Overseers of the Bar, detailing numerous examples of improper and unethical conduct by ADA Kellett.

Following a public disciplinary hearing in December 2012, a Panel of the Board of Overseers of the Bar issued a unanimous decision for the suspension of Kellett’s license for “conduct unworthy of an attorney.” The panel ruled Kellett violated seven Bar rules including undermining the administration of justice, withholding and suppressing exculpatory evidence, violating a court order, and misleading the jury: http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article 

Despite court decisions, a two-year investigation by the Board of Overseers of the Bar, and a recommendation for the suspension of her license, Kellett has been allowed to continue her normal prosecutorial duties. Pending a final determination by the Maine Supreme Judicial Court, SAVE is calling on the County Commissioners to promptly remove Kellett from her prosecutorial role.

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

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

PR: Bogus Claims Cheat Victims: SAVE Urges Colleges to Hold False Accusers Accountable

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

Bogus Claims Cheat Victims: SAVE Urges Colleges to Hold False Accusers Accountable

WASHINGTON/ October 4, 2012 – Following release of a federal sexual assault mandate, a growing number of college students are being falsely accused and wrongfully expelled on charges of rape. Stop Abusive Violent Environments (SAVE), a victim advocacy organization, is calling on colleges to hold false accusers accountable for their wrong-doing.

At Yale University, University of Connecticut, Xavier University, University of North Dakota, and elsewhere, students have faced false rape charges. In some cases, prosecutors later dismissed the case and even charged the “victim” with perjury. http://www.saveservices.org/wp-content/uploads/U.-Montana-Ltr..pdf

Last week, the University of North Florida reported that the problem of bogus charges has reached the point that campus police now require false accusers to reimburse for investigators’ time. Four wrongful rape accusations have been filed at the Jacksonville, Fla. college in the past year. http://unfspinnaker.com/4-false-police-reports-in-past-calendar-year-reap-steep-consequences/?utm_source=rss&utm_medium=rss&utm_campaign=4-false-police-reports-in-past-calendar-year-reap-steep-consequences

False sex assault accusations squander scarce police services, cause investigators to treat true victims with suspicion, and ultimately cause future victims not to report crimes for fear they will be doubted, SAVE believes.

A growing number of judges, attorneys, and victim advocates are speaking out on the damage caused by false accusations: http://www.saveservices.org/falsely-accused/sex-assault/victim-advocates-speak-out/

“Colleges must hold false accusers accountable for the immense harm they do to victims of sexual assault,” says SAVE spokesman Steve Blake. “As long as the Education Department’s unlawful directive is in place, colleges must discipline the false accusers — or else force victims to suffer in silence.”

The Department of Education’s 2011 Sexual Assault Directive mandates far-reaching changes in how college disciplinary committees adjudicate sexual assault claims.

In a recent analysis, Hans Bader, former attorney at the U.S. Department of Education, charges the federal directive has “undermined due-process safeguards” and that the “attack on cross-examination undermines accuracy in campus disciplinary proceedings.” http://collegeinsurrection.com/2012/09/education-dept-unlawfully-changes-burden-of-proof-in-college-sexual-harassment-cases/

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

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Accusing U. Campus Civil Rights DED Sexual Assault Directive False Allegations Sexual Assault Wrongful Convictions

PR: SAVE Calls on Dept. of Education to Rescind ‘Flawed’ Sexual Assault Policy

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

SAVE Calls on Dept. of Education to Rescind ‘Flawed’ Sexual Assault Policy

WASHINGTON, Sept. 5, 2012 (GLOBE NEWSWIRE) — College students across the nation are now returning to campuses where student civil rights are being curtailed by a new sex assault mandate issued by the U.S. Department of Education (DED), says SAVE.

SAVE, a victim-advocacy organization, worries the new federal requirements will invite a rash of false allegations, ultimately harming the credibility of true victims and dissipating needed services for victims.

In April of 2011 the DED Office for Civil Rights issued its “Dear Colleague” letter that imposed new standards on collegiate sexual assault proceedings. The letter was issued without prior opportunity for public notice and comment.

Under the new policy, the definition of sexual assault is expanded and the defendant barred from cross-examination of the accuser. Rather than the usual “reasonable doubt” standard used in courts of law, colleges are now mandated to use the 50.1% “preponderance of evidence” standard when adjudicating claims of sexual assault.

Following release of the Directive, a number of high-profile cases have been reported across the country: http://www.saveservices.org/falsely-accused/sex-assault/civil-liberties-took-a-beating/

— At the University of Virginia, it was announced that a student accused of rape could not be represented by legal counsel.

— At Yale University, quarterback Patrick Witt lost his opportunity to win a Rhodes Scholarship because the university convened an “informal” judicial proceeding that conducted secret deliberations. Witt was never afforded the chance to respond to the allegations made against him.

— At Brown University, the daughter of a powerful university benefactor manipulated the administration’s judicial proceedings to contrive the expulsion of a fellow male student. He later sued and settled for an undisclosed amount.

“Allegations of criminal conduct should be left to the criminal justice system,” says SAVE spokesman Michael Thompson. “The Education Department must revoke its flawed sex assault mandate and restore the presumption of innocence at colleges and universities.”

The American Association of University Professors and 12 other organizations have called for removal of the policy: http://www.saveservices.org/falsely-accused/sex-assault/complaints/ Over 65 editorials have criticized the federal mandate as unduly restricting due process rights: http://www.saveservices.org/camp/ded-editorials/

SAVE has created a petition for persons who wish to express their dissatisfaction with the policy: www.accusingu.org.

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

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

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

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Bills Civil Rights Domestic Violence False Allegations Immigration Press Release Sexual Assault Violence Violence Against Women Act

PR: SAVE Calls on Lawmakers to Stand Tall for Victims and the Constitution during Upcoming VAWA Vote

PRESS RELEASE

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

SAVE Calls on Lawmakers to Stand Tall for Victims and the Constitution during Upcoming VAWA Vote

Washington, DC/May 15, 2012 – A leading victim-advocacy organization is calling on Representatives to support reauthorization of the Violence Against Women Act, H.R. 4970. Stop Abusive and Violent Environments (SAVE) says H.R. 4970 will best help victims of partner abuse and safeguard Constitutional protections.

SAVE urges lawmakers to resist attempts to expand definitions of domestic violence, stalking, and sexual assault. Overly-broad definitions encourage false allegations of abuse and make it harder for true victims to be heard.

Since its passage in 1994, the Violence Against Women Act (VAWA) has sparked controversy. The ACLU once termed VAWA’s mandatory arrest provisions “repugnant” to the Constitution, and in 2000 the U.S. Supreme Court overturned a VAWA provision designed to provide a federal civil remedy for sex assault cases.

One area of particular controversy centers on VAWA’s immigration provisions, which allow a foreign national to claim to be a domestic violence victim without provision of evidence. Under current law, the accused person is deprived of key due process protections and is barred from submitting evidence of immigration fraud. One civil rights expert termed such provisions “Kafka-esque.” (http://www.mindingthecampus.com/originals/2012/03/the_new_vawaa_threat_to_college_students.html)

Last year the Senate Judiciary Committee invited testimony from Julie Poner, who was a victim of false allegations made by her former husband from the Czech Republic. Saying she had “suffered unimaginable consequences,” Poner lamented the countless men and women “who have lost access to their children, their homes, their jobs, and in some cases their freedom because of false allegations of abuse.” (http://www.judiciary.senate.gov/pdf/11-07-13%20Poner%20Testimony.pdf)

“Our nation was founded on due process protections such as the right of the accused to be advised of the charges, to confront his accuser, and to be afforded the opportunity to refute the accusations,” notes SAVE spokesman Philip Cook. “But under the existing VAWA, the accused is stripped of these Constitutional protections, affording more rights to the accuser than to the American citizen. This is a slap in the face to notions of justice and fairness.”

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

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Bills Civil Rights Domestic Violence Press Release Victims Violence Violence Against Women Act

PR: Violence Against Women Act Poses Threat to Civil Rights, Group Charges

PRESS RELEASE

Contact: Teri Stoddard
Email: tstoddard@saveservices.org

Violence Against Women Act Poses Threat to Civil Rights, Group Charges

Washington, DC/March 19, 2012 – A recently issued report highlights a broad range of civil rights abuses that arise from policies endorsed by the federal Violence Against Women Act: http://www.saveservices.org/wp-content/uploads/SAVE-Assault-Civil-Rights.pdf. The report, from Stop Abusive and Violent Environments (SAVE), reveals the number of citizens whose rights have been impaired by the Violence Against Women Act (VAWA) reaches about 30 million persons.

Last month, Senator Patrick Leahy (D-VT) proposed a reauthorization of VAWA, which passed out of the Senate Judiciary Committee to the Senate floor. But for the first time in VAWA’s history, the bill encountered strong opposition. Senator Chuck Grassley (R-IA), aware of VAWA’s many flaws, offered an alternative bill, but that bill did not pass out of committee.

SAVE’s report documents 10 fundamental rights and protections that are being harmed by the Violence Against Women Act:

  1. Protection against libel and slander
  2. Freedom of speech
  3. Protection against governmental intrusion
  4. Right to due process of law
  5. Freedom to marry and the right to privacy in family matters
  6. Right to parent one’s own children
  7. Right to keep and bear arms
  8. Equal protection of the laws
  9. Right to be secure in one’s person
  10. Right to a fair trial

“Indiscriminate restraining orders, unconstitutional standards of evidence, and arrests without probable cause have been ravaging this country since VAWA’s passage in 1994,” SAVE spokesman Philip W. Cook notes. “The civil rights of African-Americans and other minorities have been especially hard-hit by strong-arm domestic violence policies.”

The abridgement of men’s rights has also been allowed to flourish under the VAWA, the report documents. Family law attorney Lisa Scott has warned, “Don’t call 911 unless you are bleeding and she still has a weapon in her hand.”

SAVE, an advocate for all victims of domestic violence, is working to reform federal domestic violence statutes so they both protect victims and affirm the civil rights of the accused.

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

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Campus Civil Rights Dating Violence Press Release Sexual Assault Violence Against Women Act

PR: Senator Drops Controversial VAWA Campus Sex Provision, But Civil Rights Violations Remain

Contact: Teri Stoddard

Email: tstoddard@saveservices.org

 

Senator Drops Controversial VAWA Campus Sex Provision, But Civil Rights Violations Remain

Washington, DC/November 14, 2011 — As a result of criticism from Stop Abusive and Violent Environments (SAVE)  and other groups, Senator Patrick Leahy (D-VT) has dropped the controversial “preponderance of evidence” standard from his proposed Violence Against Women Act (VAWA) reauthorization bill. “Because of the feedback he has received concerning this proposal, he does not plan to include it in the bill he later will introduce,” according to Erica Chabot, spokeswoman for the Senate Judiciary Committee (1).

Language in the draft bill would have required federally funded universities to apply a lower standard of proof — a 51% “preponderance” of evidence rather than the usual “clear and convincing” evidence — in cases of alleged sexual assault or domestic violence.

SAVE is thankful that the Senator decided to drop this section from his proposed bill, but other parts of the measure still contain troubling civil rights concerns:

Due Process Violations:

  • Allows for the continued funding of mandatory arrest policies, which a Harvard study found to increases in partner homicides of 60 percent.
  • One false allegation can be used to tear apart a family: VAWA is an engine for the growth of single-parent households and the demand for welfare services.

Equal Protection Violations:

  • Provides legal assistance to accusers, and at the same time, denies it for the accused.
  • Perpetuates sex-based discrimination through biased predominant aggressor policies and continues due process violations.
  • Does not distinguish between those simply making allegations and those with probable-cause evidence of violence or abuse.

These civil rights problems are explained in SAVE’s Special Report, Are Domestic Violence Policies Respecting our Fundamental Freedoms? (2).

Violations of citizens’ civil rights cannot be justified by resulting reductions in partner abuse. The Department of Justice has acknowledged, “We have no evidence to date that VAWA has led to a decrease in the overall levels of violence against women.”

SAVE spokesman Philip W. Cook says, “We congratulate Senator Leahy for removing the unacceptable ‘preponderance of evidence’ language from his bill. It shows that he is responsive to well-documented civil rights concerns. We hope that he and other Senators will now take the necessary steps to ensure that the many other problems with the proposed legislation are also addressed.”

(1)   http://www.burlingtonfreepress.com/article/20111111/NEWS03/111111020/Leahy-scraps-provision-upcoming-bill-following-complaints?odyssey=nav%7Chead

(2)   http://www.saveservices.org/downloads/SAVE-Assault-Civil-Rights

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