Category: Discrimination

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.

Discrimination Domestic Violence False Allegations Press Release Violence Violence Against Women Act

PR: Candidates of All Political Stripes Now Endorse VAWA Reform

Post author By saveadmin
Post date November 1, 2012

PRESS RELEASE

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

Candidates of All Political Stripes Now Endorse VAWA Reform

WASHINGTON/ November 1 – Congressional candidates from all major political parties and from across the nation endorse the need for wide-ranging reforms to the Violence Against Women Act (VAWA). The candidates agreed with the need to reform VAWA in three broad areas:

Stop waste and fraud
End discriminatory practices
Curb false allegations

Approximately equal numbers of Democratic and Republican candidates support reforming the federal anti-abuse law. Reflecting the issue’s appeal across the political spectrum, candidates from the Libertarian, Independent, Green, and Reform parties also came out in support of VAWA reform.

A listing of endorsing candidates can be seen here: http://www.saveservices.org/campaign-2012/candidate-endorsements/

“Candidates have heard loud and clear from voters how relaxed standards of proof have given rise to a flood of false allegations,” explains SAVE spokesman Gordon Smith. “These bogus charges make it harder for real abuse victims to get desperately needed services and protections, and create a new class of victims: the falsely accused.”

A national survey conducted earlier this year by SAVE found a majority of persons favors reforming the 18-year-old law. Among likely voters, 69.5% state they want to stop waste and fraud, 65.9% see a need to end discriminatory practices, and 63.5% wish to curb false allegations.

The full survey results can be seen here: http://www.saveservices.org/campaign-2012/national-survey-on-vawa-reform/

A more lopsided result is seen in an online poll conducted in March 2012 by U.S. News and World Report. Persons agreed with the position that VAWA “victimizes both women and men while building a feminist power structure” by a three-to-one margin. And by a two-to-one vote, persons agreed that “The Violence Against Women Act is an egregious departure from justice and common sense.”

The poll can be viewed here: http://www.usnews.com/debate-club/should-the-violence-against-women-act-be-reauthorized

The Violence Against Women Act expired in 2011 and is currently up for reauthorization. The Senate approved the VAWA reauthorization bill, S. 1925, on April 26. Three weeks later the House passed H.R. 4970. Discussions are now ongoing to resolve the differences between the two bills.

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.