|Ellsworth - Bar Harbor Maine Rape Hysteria|
|~The Modern Day Witch Trials of Fathers and Men~|
|Persecution of Vladek Filler|
|"At trial, Mr. Filler objected to several instances in which prosecutorial misconduct or the Court's evidentiary rulings deprived him of due process and a fair trial. It is respectfully asserted that the violations, individually and collectively, are so pervasive and significant as to have violated his constitutional rights."|
|Daniel A. Pileggi Esq.|
Attorney for Defendant
Vladek Filler is a decent, loving, and dedicated father, brother, and
son, who decided to leave his 16 year relationship with his wife Ligia
Filler (aka Ligia Barrientos), and save their children from her mentally
unstable and abusive behavior. Up to the time Mr. Filler decided to leave,
his wife repeatedly praised him for being "the most loving and caring
man and father that she has ever seen in her entire life," and that he
was "the only man for her".|
Vladek Filler tried to leave this relationship in an honorable and civilized manner, but his wife considered it betrayal, and accused him of abandoning her like all others did. Hysterically she declared that the loss of this relationship meant that she "lost in her life".
Almost instantly, as she did with all her other relationships, she considered Mr. Filler as her enemy, and made outrageous and filthy allegations against him in an effort to seize custody of their children and punish him for trying to leave her. To achieve this, her allegations had to be outrageous since Mr. Filler was a loving husband of many years whose children loved him and wished to be with him.
Outrageous accusations are all it took to instantly sweep Mr. Filler in to the Rape Hysteria of Ellsworth Maine.
Labeled as having "mental issues" by the Gouldsboro Police, and "certifiable" by a Washington County Deputy Sheriff, Ms. Ligia Filler failed in gaining swift custody of their oldest son by alleging abuse. On April 24, 2007, she was apprehended and restrained after running on the streets partially undressed with a toddler while screaming that she wished to kill her husband and cut him in to pieces for molesting and abusing their children. She alleged that her husband would murder their 12 year old son. All of these allegations were investigated by DHHS and proven to be lies. But allegations that her husband sexually assaulted her escalated to multiple charges against this innocent man.
Despite the lack of any physical evidence of any sex crime, despite the accuser's
refusal to be medically examined, despite virtually no investigation, despite Mr. Filler's
vehement denial and pleadings to save his children from foster care, and despite his
children's love and exclusive desire for their father, they were all
swiftly punished by Asst. DA Mary Kellett. The children were taken by the
State and placed in foster homes, and Mr. Filler was arrested and charged
with raping and assaulting his wife.|
It took just a couple of days for Asst. DA Mary Kellett to rush this case from baseless accusations of an angry and mentally unstable wife, to arresting and prosecuting a completely innocent man in the courts and on the front pages of newspapers. This was perpetrated with authority and power of the State of Maine.
|"The Law Court has held that prosecutors are held to a higher than normal standard, both because they represent the State of Maine, and because their obligation is to secure justice and not merely a conviction... Application of that standard here demonstrates the severe violation of Mr. Filler’s rights that led to his conviction "|
|Daniel A. Pileggi Esq.|
Attorney for Defendant
|The flames of Rape Hysteria were further fanned by special interest
groups who used this case and the baseless charges against Mr. Filler to try to increase their
funding and change laws in Maine.|
Vladek Filler, in shock and in handcuffs, charged with rape and assault, managed to post the excessive $50,000 surety bail, and immediately began to focus his fight on what many believed was a futile effort to save his children.
Months of court battles, DHHS investigations, and strict supervised visits followed; all while Mr. Filler was on bail, and under curfew and other restrictions. But finally on July 24th, 2007, Mr. Filler was granted interim relief with sole custody of his two sons.
For the next 1 ½ years Asst. DA Mary Kellett blocked the release of Ligia Filler's statements to police, videos, medical and psychological records, and other evidence.
The criminal trial was held on January 12-15, 2009. The previously ordered discovery evidence was not provided by the Asst. DA Mary Kellett. It was ruled that evidence and testimony about Ligia Filler's past misconduct, allegations of abuse against other men, allegations she made against the father of her first child, numerous PFA's in current and past child custody battles, court orders limiting her contact with the children, and testimony about Ms. Filler's abuse of her husband, children, and others were not going to be allowed in the criminal trial.
Ms. Ligia Filler's motives for making outrageous allegations, her conduct, her lack of credibility, and her long history were all kept away from the eyes and ears of the jury.
During cross examination by the defense attorney, the accuser, Ms. Ligia Filler could not remember most of her statements to the police, and denied being caught on a police video tape telling her friend in private that she was "fighting for the children" and while receiving advise to cry more to be more believable.
Ms. Ligia Filler could not explain how the allegations she made to police were physically possible or why she refused a medical examination. The Asst. DA Mary Kellett objected to virtually every other question. Each objection was very disruptive because it stopped the questioning of witnesses and a side bar conference with the judge was called.
Most of the allegations and charges were ruled to have occurred on unknown dates. When defense presented witnesses and evidence showing that the dates and times described were impossible, the prosecutor suggested that the dates in the charges were neither accurate nor important.
The Police officers testified that Ms. Filler refused to have a medical examination and that a minimal investigation was conducted to verify her outrageous allegations.
The family's doctor testified that she examined Ms. Filler and there were no external or internal signs which would have been typical had she suffered the kind of abuse she was alleging.
The Fillers' 12 year old son testified to being present on some of the dates of the alleged offenses and has never seen his father be violent, but has seen his mother abuse his father.
While the jury was out of the courtroom, Asst. DA Mary Kellett joked and laughed with people about Mr. Filler "running to call his mommy when [Ligia Filler] punched him in the face." Mr. Filler and his mother were sitting only feet away at the time. Some of these individuals with whom Mary Kellett was joking were also making racist remarks about Mr. Filler and his sons, in particular, how all people of his nationality abuse women, and how his sons would be raised the same way by Mr. Filler.
During the trial and closing arguments, the defense pointed out that the State, with all its power and unlimited resources, found no evidence to support Ms. Filler's physically impossible accusations. That the facts, the evidence, and the testimony presented directly contradicts Ms. Filler's allegations.
|"The sheer impossibility of the charged sexual assault is supported by the complete absence of physical evidence of a crime, or even of consensual sexual contact.... The State presented no medical evidence demonstrating that Mrs. Filler had ever engaged in a sexual act with her husband, aside from those necessary to the creation of their children."|
|Daniel A. Pileggi Esq.|
Attorney for Defendant
|Asst. DA Mary Kellett advised the jury that the defense failed to prove
that Mr. Filler did not commit the acts he was accused of. Those statements made directly to
the jury stood the US Constitution and the burden of proof on its head. Rather than proving
guilt beyond a reasonable doubt, the State of Maine placed the burden upon Mr. Filler
to prove his innocence.|
Asst. DA Mary Kellett told the jury that the State did not have the time or the money for forensic or medical investigations, but that statistics indicate that Mr. Filler likely raped his wife.
Asst. DA Mary Kellett went on to suggest to the jury that Ligia Filler had no motive to lie, and asked the jury "Custody dispute? Where is that?" and questioned the existence of any evidence of a custody battle for the children. This was direct deception of the jury since the evidence of Ligia Filler's outrageous conduct and court abuse in past and current custody battles was not allowed in Mr. Filler’s trial.
Mary Kellett made prejudicious assertions and allegations against Mr. Filler for which absolutely no evidence was presented, and urged the jury to find him guilty on all counts.
The Defense attorney motioned a number of times for a mistrial due to prosecutorial misconduct and misstatements by Asst. DA Mary Kellett.
The jury convicted Mr. Filler on 2 counts of assault and 1 count of Gross Sexual Assault for allegedly: splashing water on his wife 3 years ago, sexually assaulting her 2 years ago, and pushing her on a chair 2 years ago.
|"Individually, each of the prosecutor’s statements amounted to more than harmless error, as did the Court’s decision to prohibit evidence of the Fillers’ child custody dispute. Together, the burden upon Mr. Filler was insurmountable, and guaranteed the jury’s misperception of the State’s burden and the evidence presented. Mr. Filler was denied due process, and a fair opportunity to have the State’s burden of proof properly evaluated, based upon complete facts, and without the prosecution’s misinformation."|
|Daniel A. Pileggi Esq. Attorney for Defendant|
|Despite lack of any evidence, Asst. DA Mary Kellett discussed Mr. Filler at
some length with the newspapers and was quoted as stating that Mr. Filler engaged in
"sexual punishment......it was punitive and angry".|
One day after his conviction, Ms. Ligia Filler appeared to demand their 12 year old son be immediately forced in to her custody citing Mr. Filler's conviction. A court order protected the children from Mrs. Ligia Filler's abuse, and she again failed to seize the children by force.
On January 20, 2009 Mr. Filler's attorney Daniel Pileggi filed a Motion for Acquittal and a New Trial citing prosecutorial misconduct, inappropriate court rulings, and violations of Mr. Filler's Constitutional Rights.
Mr. Filler is free on bail pending his sentencing in March 2009.
The most disturbing facts and evidence proving Mr.Filler's innocence have not been allowed in the trial, nor covered by the press, and remain untold as Mr. Filler struggles to save himself and his children from an unconstitutional conviction.
On March 2, 2009, after examining the transcripts from Mr. Filler's trial and after considering Asst. DA Mary Kellett's conduct in this case, Honorable Justice Kevin M.Cuddy signed an order GRANTING Mr. Filler's motion for new trial due to prosecutorial misconduct by Asst. DA Mary Kellett.
Asst. DA Mary Kellett appealed the ruling granting a new trial to the Maine Supreme Court in order to keep the truth hidden, and jail an innocent man without any evidence of a crime. She further sought to gain a legal precedent from the Law Court which would prevent all accused father’s and partners from being able to cite their break up and custody dispute as evidence of a motive in defense of false allegations of abuse made by their partners. The precedent would bar countless men who are routinely accused of rape or child molestations during their custody battles from even mentioning that the motives of their accusers are for the purpose of gaining an advantage in the divorce and child custody dispute.
For Vladek Filler, had Mary Kellett’s appeal succeeded, this innocent man would have been incarcerated without a new trial for up to 30 years and his children taken by the State of Maine straight in to the foster care system.
After trial and during the pending appeal, on November 16-18, 2009 the final divorce hearing was held between Vladek Filler and Ligia Filler Barrientos at the Ellsworth District Court with Honorable Judge Jessie Gunther presiding. Representing Vladek Filler on short notice was Stephen C. Smith of Bangor. Representing Ligia Filler was Donald F. Brown of Brewer.
The Guardian Ad Litem John R. Lorenz of Bangor, retained by Ligia Filler, gave testimony concerning his extensive investigation. His recommendation was for the children to remain with their father Vladek Filler.
Other professionals to testify on behalf of the children’s best interests included Jeffrey McCarthy of Ellsworth, Maine and Judy R. Newton of Marietta, Georgia.
On December 4, 2009, Vladek Filler was awarded custody of his two sons. Ligia Filler was found by the Court to be a child abuser who physically assaulted her husband. A 60 page court ordered report and Findings confirmed Ligia Filler engaged in domestic abuse.
The Court also found Ligia Filler showed her capacity to manufacture claims and that she willfully lied to police that her husband molested their children. The Court found that evidence of forced spousal rape, for which Vladek Filler was convicted, did not even achieve a preponderance. This meant that Ligia Filler false allegations of spousal rape did not even reach a more likely than not statndard which is the lowest standard of proof. This ruling also meant prosecutor Mary Kellett forced Class A felony indictments and conviction of an innocent man using evidence which was false and did not even rise to the lowest standards of probability.
Ligia Filler Barrientos filed for appeal. Vladek Filler, having no representation, filed a response appeal.
On May 19, 2010, the Supreme Judicial Court of Maine heard oral arguments in the State’s criminal appeal. The Vladek Filler case was the 1st ever to be heard by the Law Court in brand new Penobscot Judicial Center in Bangor, Maine.
Assistant district attorney Mary N. Kellett, after committing prosecutorial misconduct in the case, then using her position to file an appeal of her misconduct in the name of the State of Maine, she submitting her own appeal brief, she appeared to argue the appeal herself before Maine Supreme Court as the representative for the State of Maine.
Mary Kellett proceeded to misinformed the Supreme Court Justices claiming that there was no prosecutorial misconduct and nothing preventing Mr. Filler from using his bitter divorce and child custody dispute with his accuser as a defense. Instead, she accused the defense attorney Daniel Pileggi of failing to properly represent Mr. Filler.
Yet according to Filler's appellate attorney Neil L Fishman, case records showed Mary Kellett filing a pretrial motion demanding trial court exclude all evidence of the accuser’s misconduct and child custody dispute from the trial. Trial court granted Mary Kellett's motion and effectively barred Vladek Filler from challenging his accuser or presenting his defense to the false allegations. Appellate attorney Neil Fishman also cited records which showed Mary Kellett filed another motion praising the court's ruling to block custody battle evidence and urging the court not to grant Mr. Filler another trial. This being the same conduct and rulings which Mary Kellett told the Supreme Judicial Court did not exist.
On September 9, 2010, Maine Supreme Judicial Court denied prosecutor Mary Kellett’s appeal and upheld the ruling for Vladek Filler to have a new trial. The Law Court cited just a few instances of prosecutorial misconduct sufficient to grant Vladek Filler a new trial, and further cited trial court’s abuse of discretion in allowing Mary Kellett to block custody battle evidence and proper cross examination of accuser Ligia Filler.
The Supreme Court’s decision cited the trial record of Mary Kellett's motions and conduct denying Vladek Filler his Constitutional Right to present evidence central to his defense and even denying him the ability to impeach his accuser during cross-examination.
Supreme Court did not grant an outright acquittal citing it to be the exclusive domain of a jury and reaffirmed that Maine Law allows accusations alone, even absent any physical evidence or witnesses, to be sufficient proof of a crime for which a conviction can be gained.
The Law Court mentioned fraudulent trial testimony elicited by prosecutor Mary Kellett and a photograph of a bruise on Ligia Filler’s arm produced half a week after she abducted their toddler--a bruise the Police report specifically noted did not exist when Ligia Filler was questioned even days after the alleged incident. While much of the “evidence” was later impeached at the divorce, the Supreme Court declined to take judicial notice of any subsequent facts which emerged outside the criminal trial record.
Prosecutor Mary Kellett’s appeal was denied, and another legal precedent was set—one which protected the rights of father’s and men in Maine from being denied their ability to present evidence against their falsely accusing wives and intimate partners.
The Law Court’s full analysis and decision can be found here
Despite Supreme Court finding of prosecutorial misconduct, violation of Vladek Filler’s constitutional rights, and District Court’s finding of gross insufficiency of evidence against Vladek Filler, the Bar Harbor Maine prosecutor Mary Kellet announced through the Bangor Daily News her intentions to retry Vladek Filler for spousal rape and assault.
January 2011, Vladek Filler files a complaint with the Maine Board of Overseers of the Bar against prosecuting attorney Mary N. Kellett. The complaint cites evidence suppression and misrepresentation, racketeering, fraud, and making false statements to o judges. The complaint details civil rights abuses by Mary Kellett in the Vladek Filler case. As the details of Mary Kellett’s misconduct in the case surface, two more national organizations, Stop Abusive and Violent Environments (SAVE) and National Coalition for Men (NCFM) initiate their own complaints to the Maine Board of Overseers of the Bar.
District Attorney Carletta M. Bassano responded to the misconduct against Vladek Filler by her prosecutor by assigning a second prosecutor, Paul Cavanaugh, to seek a conviction of Vladek Filler for proven false allegations of spousal rape and assault. Attorney General’s office assigned yet another prosecutor, Ronald W. Lupton, to defend Mary Kellett from any disciplinary actions by the Board of Overseers of the Bar. Rather than conduct an internal investigation of prosecutor Mary Kellett misconduct and violations of Vladek Filler’s constitutional rights as cited by the Maine Supreme Court, the State of Maine instead dedicated unprecedented resources to protect Mary Kellett and convict an innocent man for rape.
On May 11, 2011, a delegation led by director of SAVE Ed Bartlette travels to Maine and delivers a petition of over 1,000 signatures to Maine Attorney General, Governor, and Board of Overseers of the Bar calling for prosecutor Mary Kellett’s disbarment.
On May 12, 2011, the new presiding Judge Robert Murray denied numerous motions including those for dismissal of charges against Vladek Filler. The trial was held May 24-27. Vladek Filler was represented by Stephen C. Smith of Bangor, and the State was represented by Paul F. Cavanaugh and Mary Kellett’s assistant Stephen McFarland.
The trial, witness testimony, and evidence was tightly controlled by Court rulings made in chambers and at side bar. The jury did not know what it was not allowed to know. An eye witness account of the trial can be found here.
Vladek Filler was acquitted of gross sexual assault and assault, and found guilty of one count misdemeanor assault.
The case remains pending.
To be continued and updated.
Find out how you can help stop this injustice here, or by e-mailing Info@FillerFund.com
|"It is time we began to ask who are these women who continually rubbish men. The most stupid, ill-educated and nasty woman can rubbish the nicest, kindest and most intelligent man and no one protests. Men seem to be so cowed that they can't fight back, and it is time they did..."|
Feminist icon / novelist