Juskewitch Statement

 

Statement of Attorney Stephen Juskewitch

During a May 11, 2011 press conference held in Bangor, ME, attorney Stephen Juskewitch described the prosecutorial misconduct committed by ADA Mary Kellett:

“[Michael Webber] was involved in a custody fight and there was a Guardian Ad Litem, a professional person who interviewed his two step daughters and asked specifically whether or not there were any issues regarding Mike while he was their step father. They adamantly denied that there were.  The Guardian Ad Litem recommended that his natural daughter be in Mike’s custody.  Immediately within two days of issuing that report the two step daughters accused him of regularly–nightly–molesting both of them together, in their bedroom, down the hall from where their mother was sleeping.  The Guardian Ad Litem reinstituted his investigation, did a great job, and concluded that the allegations were more likely the result of his recommendation of change of primary residency of their step sister than having any basis in fact.  The Department of Health and Human Services brought a Child Protective Case.  There were motions in the Family Law Case for a change for primary residency.  The Family Law Magistrate conducted a hearing and made a Judicial Finding that the allegations were not credible.  Then there was a Child Protective Case in which a Judge heard the evidence and the Judge determined that the allegations were not credible.  Ten months later after two Judicial Findings and the Guardian Ad Litem finding that the allegations were not credible, the District Attorney’s Office indicted him.  Please understand there wasn’t enough evidence three times earlier to sustain proof by a preponderance.  The State then indicted alleging they could prove beyond a reasonable doubt that Mike was guilty.  It’s probably in my 30 years the most egregious abuse of prosecutorial discretion.“

Source: http://new.bangordailynews.com/2011/05/12/news/court/change-of-venue-denied-in-rape-re-trial/ 

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