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Press Release Prosecutorial Misconduct Wrongful Convictions

PR: Excusing the Inexcusable: SAVE Deplores Plan to Give Free Pass to Crusading Prosecutor who Engaged in Unethical Practices for Six Years

PRESS RELEASE

Contact: Teri Stoddard
Email: tstoddard@saveservices.org

Excusing the Inexcusable: SAVE Deplores Plan to Give Free Pass to Crusading Prosecutor who Engaged in Unethical Practices for Six Years

WASHINGTON / July 17, 2013 – Seven months after a state ethics panel determined Hancock Co. prosecutor Mary Kellett engaged in “inexcusable” misconduct, Justice Ellen Gorman has announced a plan that would seemingly excuse Kellett’s unethical behavior. On Monday, Gorman announced she intends to shelve a 30-day suspension on assistant district attorney Mary Kellett. As a result, no sanctions will be placed on the prosecutor who engaged in unethical practices over a period of 6 years, resulting in the wrongful conviction of an innocent man.

Stop Abusive and Violent Environments – SAVE — deplores the impending decision as an affront to every citizen of Maine who believes the criminal justice system should be “just.”

The facts of the case reveal accuser Ligia Filler often changed her story to suit the circumstances. The woman was a known child-abuser with profound mental health problems, as revealed by a police recording: http://www.youtube.com/watch?feature=player_embedded&v=GsKIcQhjaJg

In normal cases, Ligia Filler would have undergone extensive mental health counseling, and her accusations of marital rape quickly dismissed.

But Hancock Co. ADA Kellett was known to be an aggressive, even crusading prosecutor. In numerous cases, Kellett has been found to prosecute innocent men, even when media accounts revealed the sex was consensual or the accusation fabricated: http://www.fillerfund.com/marykellett.htm

In her quest to convict defendant Vladek Filler, prosecutor Kellett withheld key pieces of evidence. This information would have revealed the accuser’s unstable emotional state, likely leading the jury to reach a “not guilty” verdict.

Eventually, Kellett got caught. On December 5, 2012 a 3-member ethics panel ruled Kellett violated seven Bar Rules. In unusually strong language, the panel described Kellett’s conduct as “unexcusable,” and recommended suspension of her license to practice law.

Vladek Filler was victimized numerous times, SAVE believes. First, by an abusive wife. Second, by a domestic violence agency that ignored his pleas for help. Third, by a false accusation of marital rape. And fourth, by a zealous prosecutor.

And if Justice Gorman follows through with her proposed plan, Filler will be victimized again, this time by a complacent Supreme Court judge.

“By imposing a 30-day suspension on Kellett and then suspending her own suspension, Justice Ellen Gorman has engaged in a form of legal double-talk,” notes SAVE spokesperson Sheryle Hutter. “Justice will not be served by allowing prosecutor Mary Kellett to continue her ideological crusade against innocent citizens of Maine.”

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 Discrimination Domestic Violence Innocence Law Enforcement Press Release Prosecutorial Misconduct Research Sexual Assault Special Report Wrongful Convictions

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

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.

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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

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

  1. http://www.saveservices.org/2013/05/pr-ethics-board-issues-rebuke-of-hancock-co-prosecutor-mary-kellett/
  2. http://www.wabi.tv/news/39920/state-ethics-boards-issues-report-on-hancock-county-prosecutor
  3. http://bangordailynews.com/2013/05/13/news/hancock/oversight-panel-files-complaint-against-hancock-county-prosecutor-with-state-supreme-court/
  4. http://www.fathersandfamilies.org/2013/05/09/discipline-case-against-prosecutor-mary-kellett-heating-up/
  5. http://www.avoiceformen.com/feminism/government-tyranny/filler-case-nearing-conclusion-perhaps/
  6. http://www.saveservices.org/camp/intolerable-injustice/
  7. http://www.saveservices.org/wp-content/uploads/COMPLA1.pdf
  8. http://www.change.org/petitions/disbar-asst-district-attorney-mary-kellett-for-prosecutorial-misconduct
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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

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

  1. http://www.saveservices.org/camp/ded-directive/ded-editorials/
  2. http://www.saveservices.org/falsely-accused/sex-assault/complaints/
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CAMP False Allegations Innocence Law Enforcement Press Release Prosecutorial Misconduct Wrongful Convictions

PR: SAVE Cites Excessive Delays, Bias with Hancock County Prosecutors

PRESS RELEASE

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

SAVE Cites Excessive Delays, Bias with Hancock County Prosecutors

WASHINGTON / April 25, 2013 – A Hancock County prosecutor, found guilty in December on multiple counts of unethical conduct, has yet to be sanctioned for her misconduct. Assistant district attorney Mary Kellett’s unethical actions harm the credibility of real victims and represent a threat to innocent citizens, charges SAVE, a victim-advocacy group.

After a two-year investigation, a three-member panel of the Maine Board of Overseers of the Bar ruled on December 5, 2012 that ADA Kellett engaged in multiple incidents of prosecutorial misconduct. The Bar Panel found Kellett did not act as a truth seeker, misled the jury, and engaged in conduct unworthy of an attorney (1).

The Panel cited Kellett’s failure to turn over “at least two key pieces of exculpatory evidence” which were critical to the defense of Vladek Filler, who had been charged with sexual assault. The seriousness of Kellett’s misconduct, the Panel emphasized, “cannot be overstated.”

More than four months later, the Maine Judicial Supreme Court has yet to decide on Kellett’s punishment. Despite the Bar Panel’s recommendation for suspension of her law license, Kellett has been allowed to continue her prosecutorial work.

Prosecutor bias has been documented in other domestic violence cases in Hancock County.

Cynthia Boucher had violated the bail conditions for a previous domestic incident against her husband Michael, an Ellsworth city councilman. He ended up in the hospital with facial lacerations.

Despite being a repeat offender, Mrs. Boucher was offered a plea deal that removed the domestic violence and bail violation charges, replacing them with a charge of simple assault. Boucher was ordered to spend only a weekend in jail and pay a $300 fine. Her victim was forced to flee the area with his daughter and resign his city council seat (2).

“This 4-month delay in sanctioning Mary Kellett is unconscionable and outrageous,” notes SAVE spokesman Howard Goldman. “Dozens of innocent men may risk similar prosecution without probable cause, while female repeat offenders are being given sweet-heart deals by Hancock County prosecutors.”

SAVE calls for DA Carletta Bassano to immediately remove Mary Kellett from her prosecutorial duties, and urges the Maine Supreme Court to act promptly on the Bar panel’s recommendation to restore integrity and credibility to Maine’s criminal justice system.

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.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article
(2)    http://bangordailynews.com/2012/12/20/news/hancock/wifes-violent-outbursts-prompt-ellsworth-city-councilor-to-resign-leave-town/

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

PR: ‘Totalitarian Justice:’ Criticisms of Campus Sex Assault Panels Intensify

Contact: Mike Thompson
Telephone: 301-801-0608
Email: mthompson@saveservices.org

‘Totalitarian Justice:’ Criticisms of Campus Sex Assault Panels Intensify

WASHINGTON / April 29, 2013 – Three articles sharply critical of the handling of sex assault cases by campus disciplinary committees were published this past week. The critiques suggest college administrators may need to re-evaluate whether the federally mandated sex assault panels are rendering a disservice to victims, to the accused, and to the principle of justice itself, according to Stop Abusive and Violent Environments.

Writing in the Wall Street Journal on April 16, Judith Grossman describes the experience of her son, a student at a New England liberal-arts college (1). The panel’s hearing consisted of a “two-hour ordeal of unabated grilling” during which he was “expressly denied his request to be represented by counsel.” Grossman, a lawyer and self-described feminist, charges the student courts have “obliterated the presumption of innocence that is so foundational to our traditions of justice.”

The following day Harry Lewis, former Dean of Harvard College, and Jane Shaw, president of the John W. Pope Center for Higher Education, penned a critique of the University of North Carolina’s adjudication of a recent rape case (2).

After the accuser criticized the student panel for exonerating the accused, the university then proceeded to charge her with engaging in “disruptive or intimidating” behavior. Lewis and Shaw allege the student was denied her First Amendment rights, and conclude sexual assault cases are “certainly beyond the capacity” of campus disciplinary courts.

The sharpest critique appeared in the Northern Kentucky Law Review. Titled “A Hostile Environment for Student Defendants: Title IX and Sexual Assault on College Campuses,” attorney Stephen Henrick highlights the inherent conflicts of interest in college disciplinary panels (3).

One of these conflicts Henrick describes as ideological. At Stanford University, for example, a training manual advises sexual assault fact-finders that “persuasive and logical” statements by the accused should be interpreted as a sign of guilt.

“In the former Soviet Union, defendants were often denied legal counsel, freedom of speech was a legal fiction, and protestations of innocence were taken as evidence of guilt,” notes SAVE spokesperson Sheryle Hutter. “Now we are seeing a similar form of totalitarian justice, imposed by federal fiat on American universities in the name of curbing sexual assault.”

To date, over 110 editorials have criticized the Department of Education policy (4). Thirteen national organizations, including the American Association for University Professors, have called for repeal of the federal mandate (5).

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://online.wsj.com/article/SB10001424127887324600704578405280211043510.html
  2. http://www.forbes.com/sites/realspin/2013/04/17/colleges-must-promote-personal-responsibility-not-he-said-she-said-trials/
  3. http://www.saveservices.org/wp-content/uploads/2013/Final-Law-Review-Article.pdf
  4. http://www.saveservices.org/camp/ded-directive/ded-editorials/
  5. http://www.saveservices.org/falsely-accused/sex-assault/complaints/
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Child Custody Civil Rights Domestic Violence False Allegations Innocence Law Enforcement Press Release Prosecutorial Misconduct Restraining Order Victims Wrongful Convictions

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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Accusing U. False Allegations Innocence Press Release Sexual Assault Violence Wrongful Convictions

PR: No DNA, No Witnesses, No Evidence: Brian Banks Case Spotlights Need for Rape Reform

PRESS RELEASE

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

No DNA, No Witnesses, No Evidence: Brian Banks Case Spotlights Need for Rape Reform

WASHINGTON/January 8, 2013 – The upcoming 60 Minutes appearance of Brian Banks will highlight flaws in the American criminal justice system, including laws pertaining to sexual assault. Brian Banks, who spent 5 years in prison on a false allegation of rape, will be featured during the January 27, 2013 broadcast of the CBS show 60 Minutes.

Brian Banks was a 16-year-old football star in Long Beach, Calif. when he was accused of rape by Wanetta Gibson. Fearing a life sentence, Banks agreed to a plea bargain, even though there was no DNA, witnesses, or other evidence to support the accusation.

Banks spent over five years in prison. After his release, Wanetta Gibson admitted during a taped interview that her accusation was fabricated. On May 24, 2012, Los Angeles Superior Court Judge Mark C. Kim exonerated Mr. Banks.

“There are a lot of guys out there in that situation,” Justin Brooks of the California Innocence Project told CNN. The tragedy, Mr. Brooks said, was that “if we hadn’t got that recantation, Brian would have gone through this the rest of his life.”

Wrongful convictions of persons accused of sexual assault are widespread. According to a 2012 Urban Institute study, 15% of persons imprisoned on charges of sexual assault did not have a DNA match to the alleged victim (1).

According to a 2008 review of state rape laws, not a single state requires independent corroboration of a rape claim (2). Law professor Richard Klein criticizes current rape laws as “fundamentally unfair” to defendants.

“The tragedy of Brian Banks shows the presumption of innocence has been lost in sexual assault cases,” explains SAVE spokesman Howard Goldman. “Lawmakers need to act now to stop the wrongful convictions of persons falsely accused of rape.”

“The Constitution says no person should be deprived of liberty without due process of law,” explains SAVE spokesman Howard Goldman. “By deflecting the burden of proof to Mr. Banks, his due process guarantees were tragically removed.”

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

(1) http://www.urban.org/UploadedPDF/412589-Post-Conviction-DNA-Testing-and-Wrongful-Conviction.pdf
(2) http://www.uakron.edu/law/lawreview/v41/docs/Klein_final08.pdf

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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