Vladek Filler Family Legal Defense Fund
Victims of Ellsworth Maine Rape Hysteria
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False Allegations by Parents in Custody Disputes
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The Myth that Women Never Lie about Rape
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Last Updated on 01/22/2010 |
State of Maine
vs.
Vladek Filler
(and his children)
"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
In 1690's New England was gripped by the Witch Hunt Hysteria which destroyed the lives of countless innocent people and their families solely by the false testimony of their accusers and the misconduct of their prosecutors.
Today, over 300 years later, a new insidious Rape Hysteria grips a small community in Maine's Bar Harbor region, and again, countless lives are being ruined solely by false testimony of their accusers and the misconduct of their prosecutors.
Numerous men have been arrested and jailed in Ellsworth Maine, often solely because of someone's accusations. Some of the accused men spend many months in jail until they are finally tried on the flimsiest or even fabricated evidence. Virtually every man who is accused gets arrested, charged, and has his life publicly ruined.
The accusers are sometimes young, mentally or emotionally impaired, girlfriends, occasional sex partners, and even wives in bitter custody battles with their husbands.
In a small county of only 50,000 people, as many as 4 men per month have been indicted on multiple counts of Rape, each carrying up to 30 years in prison.
The driving force of this Rape Hysteria is Assistant District Attorney Mary N. Kellett of Brooklin, Maine.
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".
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.
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. For the moment, a court order protects the children from Ms. Ligia Filler's abuse.
UPDATE:
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.
Mary Kellett misrepresented facts and repeatedly lied to the jury and the Court about the evidence in this case.
The full extent of prosecutorial misconduct has not yet been exposed.
Mary Kellett is currently seeking to appeal the Superior Court's ruling to the Maine Supreme Court in order to keep the truth hidden, and jail this innocent man without any evidence of a crime.
Should the conviction be upheld in Maine's Supreme Court, this innocent man will be incarcerated without a new trial, and his children will be taken by the State of Maine in to foster care.
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..."