Category: Sexual Assault

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

Post author By saveadmin
Post date December 13, 2012

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.

Press Release Prosecutorial Misconduct Sexual Assault

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

Post author By saveadmin
Post date December 11, 2012

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.

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

Post author By saveadmin
Post date December 7, 2012

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.

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

Post author By saveadmin
Post date December 5, 2012

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.

Accusing U. Campus Dating Violence DED Sexual Assault Directive False Allegations Press Release Sexual Assault

PR: Former Federal Attorney Calls Dept. of Education Sex Directive ‘Unlawful’

Post author By saveadmin
Post date October 29, 2012

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

Former Federal Attorney Calls Dept. of Education Sex Directive ‘Unlawful’

WASHINGTON/ October 29 — A former federal attorney has accused the U.S. Department of Education (DED) Sexual Assault directive as being unlawful and unconstitutional. Civil rights attorney Hans Bader notes the Department’s sexual assault order “illegally legislated through administrative fiat and undermined due-process safeguards.”

The new directive not only overturns decades of campus procedures for dealing with claims of sexual impropriety, but contradicts numerous decisions by the U.S. Supreme Court, Bader asserts. Bader’s legal analysis, Education Dept. Unlawfully Changes Burden of Proof in College Sexual Harassment Cases, can be viewed here: http://www.cotwa.info/2012/09/univ-of-north-carolina-rides-roughshod.html

Under the mandate, sometimes referred to as a “Dear Colleague Letter,” all colleges that receive federal funding must weaken their due process protections for any student charged with sexual impropriety. Universities must now judge the accused according to the lowest standard of evidence in American law – preponderance of evidence – or risk losing its federal funding.

In Ohio, Xavier University basketball star Dezmine Wells was recently expelled under the new standard, despite the fact that a local prosecutor who investigated the case called it one that “wasn’t even close.” The grand jury agreed with the prosecutor’s conclusion, but Wells was still banned from the school, with Xavier U. citing the federal directive as the reason.

“The Department of Education’s policy places the burden of proof on the accused and diminishes the presumption of innocence,” notes SAVE spokesman Steve Blake. “The DED directive turns institutions of higher learning into modern day Star Chambers in which conviction becomes nearly a foregone conclusion.”

The Sexual Assault Directive has been strongly criticized in over 80 editorials: http://www.saveservices.org/camp/ded-directive/ded-editorials/

Cornell law professor Cynthia Dawson notes the federal mandate is “not an administrative regulation, has not been subjected to notice and comment, and thus does not have the status of law.”

For more information, see SAVE’s Special Report, “An Assault on Our Civil Rights:” http://www.saveservices.org/wp-content/uploads/SAVE-Assault-Civil-Rights.pdf

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

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

Post author By saveadmin
Post date October 4, 2012

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

Accusing U. Campus Discrimination False Allegations Law Enforcement Prosecutorial Misconduct Sexual Assault Training Wrongful Convictions

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

Post author By saveadmin
Post date September 12, 2012

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

SAVE Charges Univ. of Montana with Neglect of Due Process in Sex CasesWashington, 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.

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

Post author By saveadmin
Post date September 5, 2012

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.

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

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

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