Category: Prosecutorial Misconduct

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PR: Penobscot Co. Woman Says Prosecutor Mary Kellett Employed Threats and ‘Bald-Faced Lie’ to Induce Testimony

PRESS RELEASE

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

Penobscot Co. Woman Says Prosecutor Mary Kellett Employed Threats and ‘Bald-Faced Lie’ to Induce Testimony

WASHINGTON / February 6, 2013 – A Penobscot County woman has accused assistant district attorney Mary Kellett of lying in order to coerce her to testify in a domestic assault case. Michelle Sayasane has claimed that Kellett falsely represented that Sayasane’s husband, Keo, had murdered a previous wife as a legal tactic to coerce Sayasane to become a cooperative witness.

According to an August 18, 2011 article in the Bangor Daily News, Justice Kevin Cuddy learned that ADA Kellett told Mrs. Sayasane that her husband had been convicted in the 1987 stabbing death of his former wife. Kellett claimed the source of the information was deputy attorney general William Stokes, head of the Attorney General Office’s criminal division: http://bangordailynews.com/2011/08/18/news/hancock/blue-hill-man-seeks-case-dismissal-over-bad-information-from-prosecutors/

But Kellett’s statement appears to have been false. “Stokes said he never provided any information to Kellett that indicated that the victim in the manslaughter case was Sayasane’s previous wife, or even that the victim was a woman,” according the Bangor Daily News account.

In an article published earlier this week, Mrs. Sayasane revealed the reasons behind her reluctance: her husband “needed counseling, not jail, and I was not going to be a part of putting him there:” http://www.avoiceformen.com/feminism/government-tyranny/my-ordeal-with-mary-kellett/. Kellett responded by threatening to have Child Protective Services remove their children, according to Sayasane.

Finally, Sayasane relented and agreed to cooperate with the prosecution, even though Kellett allegedly caused “massive emotional distress on me and my entire family.”

“In December, a special panel ruled that prosecutor Mary Kellett violated seven ethical rules and recommended her license be suspended,” explains SAVE spokesman Steve Blake. “Michelle Sayasane’s latest account of prosecutor bullying and dishonesty reinforces the need for prompt action.”

Sayasane says she plans to file a complaint against Kellett with the Maine Board of Overseers of the Bar for witness tampering.

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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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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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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PR: SAVE Charges Univ. of Montana with Neglect of Due Process in Sex Cases

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

 

SAVE Charges Univ. of Montana with Neglect of Due Process in Sex Cases
Washington, DC/September 12, 2012 — The University of Montana has implemented new policies that are removing key civil rights from students accused of sexual assault, according to a letter sent today to the university’s president by Stop Abusive and Violent Environments.

SAVE, a victim advocacy organization, says the new procedures will foster false allegations, thus squandering scare resources and weakening the credibility of victims. A growing number of judges and others assert false allegations harm victims (1).

In March the University of Montana issued a Sexual Assault Report that equated accusers with victims, thus weakening the presumption of innocence for the accused. The document also sidestepped the problem of false allegations.

The University’s efforts to educate students about sexual assault convey a distorted picture, the SAVE letter also charges. The videos claim that only 2% of rape accusations are false. But a legal analysis of that claim concluded the 2% false-rape figure “has no basis in fact” (2).

The university-approved videos teach students that “guilt-tripping” before sex constitutes sexual assault — an idea that weakens the notion of rape as a reprehensible and tragic crime, SAVE says.

“Rape victims often say they do not report the crime because they worry law enforcement will not take their claim seriously,” explains SAVE spokesman Steve Blake. “The University of Montana’s policies serve to trivialize the meaning of rape, encourage false allegations of sexual assault, and ultimately harm true rape victims.”

SAVE is requesting the university to remove the misleading videos from its website and restore the presumption of innocence in sex assault cases.

Some of the University of Montana’s new policies are based on a Sexual Assault Directive from the U.S. Department of Education. The American Association of University Professors and 12 other organizations have called for removal of the federal policy (3). Over 65 editorials have criticized the mandate as unduly restricting due process rights (4).

The University of Montana letter is available on the SAVE website (5).

(1)   http://www.saveservices.org/falsely-accused/sex-assault/victim-advocates-speak-out/
(2)   Greer E. The truth behind legal dominance feminism’s “two percent false rape claim” figure. 33 Loyola of Los Angeles Law Review 947 (2000)
(3)   http://www.saveservices.org/falsely-accused/sex-assault/complaints/
(4)   http://www.saveservices.org/camp/ded-editorials/
(5)   http://www.saveservices.org/wp-content/uploads/U.-Montana-Ltr..pdf

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 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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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

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 1st 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 1st 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