At the Disciplinary Hearing ADA Kellet stated that she has a "philosophical disagreement" with the Superior Judge's finding and the Supreme Court ruling that she committed prosecutorial misconduct.
	Mary N. Kellett Assistant District Attorney (207) 667-4621 mary.kellett@da7.org

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Suspended Suspension for ADA Mary Kellett's Misconduct

July 28, 2013 By Attorney Luke Rioux, Harmless Error

"is there really anything worse that a lawyer can do? Stealing money, charging excessive fees, missing deadlines and getting drunk, have all lead to real suspensions or disbarment, but none of that puts people in prison for fictional crimes. The system is so profoundly undermined if prosecutors abandon basic moral principles and legal requirements to obtain wrongful convictions. After an ADA has admitted to that level of wrongdoing, how many more cases should they prosecute?"

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Maine Supreme Court Judge ruling against prosecutor Mary Kellett

July 18, 2013

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Court Hearing for Mary N. Kellett - scheduled

7/15/2013 10:00 AM Mary Kellett, Esq. Cumberland County Superior Court - Courtroom #10

Cumberland County Superior Court 205 Newbury Street, Portland, Maine

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Mary Kellett: Don’t be THAT Prosecutor

July 14, 2013 Diana Davison, WAVE

"Mary Kellett, a Maine prosecutor, is facing disciplinary hearings for withholding exculpatory evidence to increase her conviction rates regardless of guilt or innocence. In Kellett’s predicament, whether it was a personal hatred of men or a distortion of priorities placing her career ambitions above her duty to uphold justice is something only she can understand but this is not an isolated incident of a singular, sick individual. Prosecutors have more power than judges and less accountability because what they do is mostly hidden from public view. They decide which cases will be pursued, what sort of plea bargaining will be offered, and what sentencing to seek in each case. All of this happens before the accused gets his day in court and, often, prevents the falsely accused from even having a day in court. The prosecutor is both judge and jury in approximately 95% of criminal cases."

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Grievance Commission Findings against Prosecutor Mary N. Kellett

December 10, 2012

"After considering the evidence presented at the hearing, the Panel concludes that Ms. Kellett's specific violations of the Maine Bar Rules in this matter include at least the following: 1) engaging in conduct unworthy of an attorney in violation of M. Bar R. 3.1(a); 2) engaging in conduct prejudicial to the administration of justice, in violation of M. Bar R. 3.2(f)(4); 3) failing to employ reasonable skill and care, in violation of M. Bar R. 3.6(a); 4) failing to make timely disclosure of the existence of evidence that tends to negate the guilt of the accused, mitigate the degree of the offense or reduce the punishment in violation of M. Bar R. 3.7(i)(2); 5) suppressing evidence that the lawyer had a legal obligation to produce in violation of M. Bar R. 3.7(g); 6) assisting the State of Maine to violate the Maine Rules of Criminal Procedure and the court's Order in violation of M. Bar R. 3.6(d); and 7) employing means that were inconsistent with truth and seeking to mislead the jury in violation of M. Bar R. 3.7(e)(1)(i)."

Signed Decision (PDF) - Board of Overseers of the Bar v. Mary N. Kellett, Esq.

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Panel Recommends that Maine Prosecutor be Suspended
December 10, 2012 By Susan Sharon, The Maine Public Broadcasting Network
Assistant Hancock County District Attorney Mary Kellett is being recommended for suspension by a panel of the Maine Board of Bar Overseers. Created by the Maine Supreme Judicial Court, the board governs the conduct of lawyers. As Susan Sharon reports, Kellett will next face a disciplinary hearing in front of a single justice of the Maine Supreme Judicial Court for, among other things, "engaging in conduct unworthy of an attorney."

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ELLSWORTH, Maine - Prosecutor Mary Kellett gives another female a deal of the century

December 3, 2012

ELLSWORTH, Maine - Prosecutor Mary Kellett gives another female a deal of the century. Prior to Kellett’s new deal, the repeat female offender had her entire 3 year jail sentence suspended and was on a 2 year conditional probation for trafficking heroin and selling it twice to under cover agents. The condition for that suspended 3 years sentence was that she stay out of trouble for 2 years. “But on March 9 of this year, Stanley got behind the wheel of a 2000 Toyota while under the influence of narcotics and drove through Bucksport, striking a girl in a crosswalk. Stanley did not stop and continued into Orrington, where she struck a mailbox before stopping for police.” Bangor Daily News reports But prosecutor Mary Kellett and her office gave this female yet another deal where she would only have to serve 24 days in jail with still the previous 3 year sentence and the current 2 year jail sentence all suspended. Apparently, Mary Kellett and DA Carletta Bassano reserve long lists of charges, prosecutions, and harsh penalties for men and boys. In a separate article Bangor Daily News avoids the real question: ”Do plaintiffs [women] in protection from abuse cases have an unfair advantage over defendants [men ]?” None of the thousands of male victim of false allegations, PFA abuse, and gender biased VAWA funded groups were interviewed for the article to be asked how easy it is for a man to get free legal representation from Maine Legal Aid and VAWA funded groups.

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Board of Overseers of the Bar Disciplinary Hearing for Mary N. Kellett

10/22/2012 - 10/23/2012 Penobscot Judicial Center Bangor

Bar Counsel expert witness George T. Dilworth testified that, Kellet objected to the evidence of custody, Judge Cuddy excluded all custody evidence and then "Kellet exploited exclusion of the evidence"..."She excluded and now using it as a sword". Impeachment materials used in contradiction are exculpatory and must be turned over. It is a prosecutor’s obligation to make a diligent effort to make sure records are preserved and discoverable. It is also a prosecutor’s obligation do the right thing not just win a case. It is about Constitutional Liberty.

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Man acquitted of rape testifies against prosecutor at misconduct hearing

October 22, 2012, By Bill Trotter, BDN Staff

Davis told the panel that Kellett did break bar rules and, to support his case, called George “Toby” Dilworth, an experienced attorney and former federal prosecutor, to the stand as an expert witness. Dilworth was forthright in saying that he believes Kellett violated bar rules in the way she handled Filler’s case. He said that during her closing argument Kellett improperly made comments that were not germane to evidence presented during the trial. Dilworth said the written statements Filler and his wife provided to police about the Ellsworth incident were “critical” to the defense. It is a prosecutor’s professional responsibility to provide any possibly exculpatory evidence to a defendant’s attorney, he said, and Kellett clearly did not do that.

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There are now 1,554 signatures calling for Disbarment of Prosecutor Mary N. Kellett

Greg Peterson “I have reviewed the materials submitted by SAVE to the Maine Board of Overseers of the Bar, District Attorney Carletta M. Bassano and Attorney General William J. Schneider. I am licensed to practice law in the Commonwealth of Massachusetts and have practiced law for over 25 years. My wife has numerous family members who live, work and own a business in Maine and we visit Maine regularly. Our oldest daughter long held a Registered Maine Guide License. To this lawyer's eyes, this record smells to high heaven of prosecutorial misconduct. How this prosecution has been allowed to continue this long is unfathomable. That it has, has caused me to have second thoughts about the quality of the bar in Maine, the quality of bar oversight in Maine, and the quality of law enforcement in Maine. It is noteworthy that both the Trial Court and the Maine SJC took a pronounced, dim view of the prosecutor's actions in this case. That the prosector appealed the new trial order to the Maine SJC certainly strikes one as unusual. That the prosecution has continued on this record even after the rebuke from the Maine SJC is appalling. I urge you to do justice in this case and make it clear that all persons who live or visit Maine will receive equal protection of the law, without discrimination, and that prosecutors in Maine are expected to be honest prosecutors, and not persecutors.” http://www.change.org/petitions

Petitions by Change.org| Start a Petition » If Petition does not load please click Disbar Assistant DA Mary Kellett

Board of Overseers of the Bar Disciplinary Hearing for Mary N. Kellett - rescheduled

10/22/2012 9:00 AM Mary N. Kellett, Esq. Penobscot Judicial Center Bangor - Courtroom #201 10/23/2012 9:00 AM Mary N. Kellett, Esq. Penobscot Judicial Center Bangor - Courtroom #201

http://www.mebaroverseers.org/discipline

Hearing Scheduled on Complaint Against Assistant DA

July 25, 2012, by Mark Good, The Ellsworth American

ELLSWORTH — The Maine Board of Overseers of the Bar has scheduled a disciplinary hearing to consider a complaint against Hancock County Assistant District Attorney Mary Kellett for custody disputes. Kellett made several statements…These comments “were misrepresentations to the jury of the actual facts” and, therefore, are a violation of bar rules, bar counsel J. Scott Davis wrote. Kellett also is accused of withholding discovery materials and other pertinent information from Pileggi. A Hancock County Superior Court justice eventually granted that motion, but Kellett allegedly failed to provide the materials she was required to produce. Failure to heed the court order “was improper conduct and not in compliance with the terms and requirements” of the order and the requirements of Maine Rules of Criminal Procedure, Davis wrote. As such, Kellett was in violation of bar rules.

http://fenceviewer.com

Bar to hold disciplinary hearing on Hancock County prosecutor

July 23, 2012 By Bill Trotter, BDN Staff

"In an 18-page disciplinary petition filed with the Board of Overseers’ grievance commission, Kellett is accused of violating four rules of the Maine Bar with statements she made during her closing arguments at Filler’s first trial, in January 2009, and by withholding evidence and interfering with subpoenas issued by Filler’s defense attorney for that trial. Kellett’s disciplinary hearing, which is open to the public, is scheduled to be held next month, Aug. 30 and 31, at the Penobscot Judicial Center in Bangor."

http://bangordailynews.com/2012/07/23/news

Mary N. Kellett to face disciplinary hearing on August 30-31, 2012.

July 12, 2012

http://www.saveservices.org

State of Maine vs. Vladek Filler

June 18, 2012 By Judy Harrison, BDN Staff

[First Assistant District Attorney Paul F.] Cavanaugh brought up the subject of prosecutorial misconduct during oral arguments in the appeal of Vladek Filler, 42, of Atlanta from a conviction for a misdemeanor assault involving his former wife when the couple lived in Gouldsboro. It was the second time the state’s high court had heard an appeal in the case. The first time, justices upheld the trial judge’s decision to grant Filler a new trial based on statements made by Cavanaugh’s colleague, Assistant District Attorney Mary Kellett, during closing arguments. Justice Donald Alexander told [First Assistant District Attorney Paul F.] Cavanaugh he seemed to be too sensitive to the issue. “Maybe you ought to grow a thicker skin,” the justice said. [Filler’s attorney, Stephen Smith of Bangor] argued last week that Filler deserved a third trial because, among other things, Cavanaugh compared the situation Filler’s ex-wife was in when she left one of their three children with him at their Gouldsboro home to “Sophie’s Choice.” Smith said that comparing the Fillers’ family situation to the book and film in which a woman was forced to choose which one of her children would be killed by a Nazi soldier was unfairly prejudicial. Smith argued that in his closing argument to the jury in the second trial, Cavanaugh asked the jury “to punish the defendant for the divorce findings, the child custody dispute and relocation of the children,” rather than for alleged criminal conduct. The Fillers divorced in 2010, according to a previously published report. Vladek FIller was granted sole custody of the children and relocated to Atlanta.

http://bangordailynews.com/2012/06/18/news

ME Bar Counsel Recommends Discipline for ADA Mary N. Kellett

April 12th, 2012 by Robert Franklin, Esq.

Kellett’s conduct of her prosecution of Vladek Filler was truly egregious. Although prosecutors are required by law to turn over evidence to the defendant’s counsel, Kellett refused despite being requested to do so multiple times by Filler’s attorney, Daniel Pileggi. Worse, she told Pileggi to get the records himself from the various police agencies that had possession of them. That’s clearly an ethical violation, but what I’d call a criminal one came next. Having told Pileggi to contact the police, she then told the police to refuse to comply with Pileggi’s subpoenas. Eventually, Pileggi got the court to order her to produce the documents, audio and videotapes, but Kellett simply ignored the order. At trial, Kellett engaged in multiple acts of prosecutorial misconduct mostly involving her argument to the jury that was based on “facts” she hadn’t put into evidence. The 18-page findings of the Bar Counsel against Kellett are all about her attempt to railroad Vladek Filler into prison, deprive two children of their fine and loving father and place them in the hands of an unstable mother. The case was about Kellett’s using her office to promote the cause of a mother in a custody case. But, as we’ve seen before, Kellett’s misbehavior is scarcely confined to the Filler case. Put simply, Kellett seems to have a mission in life – putting men behind bars for sexual offenses whether they committed them or not. Her prosecutorial misconduct is well known. Therefore, whoever else has experienced what Vladek Filler has at the hands of Mary N. Kellett, should now come forward and file a grievance with the Overseers of the Maine State Bar. She’s a loose cannon and needs to find another job.

http://www.fathersandfamilies.org/2012/04/12

The total number of recent unjustified sexual misconduct prosecutions by Mary Kellett and Hancock County DA's office in this tiny community is unknown.  Below are just some of the cases which have been publicized.

No local articles have been published about prosecutorial abuse of innocent men with absolutely no credible evidence.

State of Maine vs. Vladek Filler

"based on statistics, it's absolutely accepted in the field of criminology that most people are victimized by people they know, by family members"

"My job as the prosecutor is, I put a date in.  You know, December 15th [2005] is just a date I chose to be in December before the school vacation.  It doesn't have, really, any significance except for to orient you about the time or place.  It's not an element of the crime."

"there has been no evidence presented to you as the jury that would suggest that a sexual act hadn't occurred on those dates"

"The evidence that you have is that evidence of the witnesses and the documents that have been presented, and those primarily include the testimony of Ligia Filler"

"Where is one piece of evidence about [a child custody fight]?"

"The suggestion that Ligia Filler has made this all up just for the purpose of getting ahead in the child custody, where is the evidence of that?"

"The State of Maine does not have an unending budget just to pursue things that are not relevant."

"when the State collects a rape kit in a case, that rape kit has to be sent to one place in Augusta that does the entire state of Maine, and those kits are -- we're waiting for evidence to come back, you know, eight, nine, ten months that it takes to get through that process"

"we do not have the resources"

"if we did [collect clothing, rape kits, all those things], what would that prove?"

"Custody Dispute?  Where is that?"

A sample of the statements made by Asst. DA Mary Kellett to the jury during the trail.  The court's pre-trial ruling barred the defense from presenting any evidence of the bitter child custody dispute, Ligia Filler's abusive conduct, and her long history.   Asst. DA Mary Kellett is guilty of Prosecutorial Misconduct for  misrepresenting the truth in order to convict an innocent man.

ADA Kellett Strikes Out in Two More Cases

July 1st, 2012 by Robert Franklin, Esq.

"In less than a week, Maine Assistant District Attorney Mary Kellett lost two trials in which she had charged men with sex crimes." "Interestingly, defense lawyer Jeff Toothaker was allowed to tell the jury about the connection between the charges and Colantonio’s custody battle. That wasn’t allowed when Kellett brought Vladek Filler to trial, but apparently is now the law in Maine. Because of the Filler case, when criminal charges arise in connection with divorce or custody matters, juries will be told about the divorce or custody case and allowed to conclude that the charges are fabricated to gain an advantage in the family law matter." Mary Kellett is a woman on a mission – to imprison as many men as possible, rightly or wrongly. Over many years she’s showed a blatant disregard for the rights of those she accuses, criminal procedure and the canons of ethics. She should be disbarred. It is long past time.

http://www.fathersandfamilies.org/2012/07/01

State of Maine vs. Steve M. Kane

June 22, 2012 By Bill Trotter, BDN Staff

Kane was charged [by Assistant Hancock County District Attorney Mary Kellett] with six counts of unlawful sexual contact, four counts of gross sexual assault and two counts of sexual abuse of a minor. [After] closing arguments Friday morning, the jury deliberated for about half an hour before it reached a verdict of not guilty on all counts, Kellett said. “We have an obligation to prosecute,” Kellett said. “What is there to support the story she told you [Thursday]? Nothing,” [defense attorney Daniel] Pileggi said. “This case is full of holes.”

http://bangordailynews.com/2012/06/22/news

State of Maine vs. Mark Colantonio

June 20th, 2012 By Bill Trotter, BDN Staff

Mark Colantonio, 35, of Lansdale, Pa., went to trial June 13 on seven charges — three counts of unlawful sexual touching, three counts of assault and one count of sexual abuse of a minor. According to court documents, Colantonio was accused of molesting a teenage girl in Bar Harbor in June 2009. [the accuser was the wife's grown sister in her late teens] Toothaker said the allegations against his client arose at the same time that Colantonio’s ex-wife was seeking a divorce from Colantonio in Pennsylvania. He said his client had gone through law enforcement training and passed polygraph tests about his background before he found out in the fall of 2010 that he was being accused of molesting the girl. Toothaker said testimony about his client’s divorce, child custody battle and law enforcement training was presented to the jury during the trial. The defense attorney said his client currently is working in law enforcement in Pennsylvania. He got bombarded by this in his divorce,” Toothaker said. “He’s happy [with the acquittal]. He’s home.” Kellett disputed the idea that the allegations were fabricated in an attempt to influence the divorce proceedings and child custody battle.

http://bangordailynews.com/2012/06/20/news/

Bangor Daily News

[Assistant DA Mary Kellett] said that it could be difficult to find jurors for sex cases [in the Hancock County district] because many people have been victims of sex offenses or have been accused of committing them.

http://cache.zoominfo.com/CachedPage/

Sexual Assault Response Team Gives Victims Humane Support

Assistant District Attorney Mary Kellett, who prosecutes sex crimes, held a press conference at the Hancock County Courthouse Monday to introduce the sexual assault response team program. Kellett said victims can be confused about whether a crime has occurred because the majority of sexual assaults occur with someone the victim knows. The district attorney's office wants to educate the public about the sexual assault response program because no one sees oneself as a victim, Kellett said.

http://ellsworthamerican.com/

State of Maine vs. Nathaniel Sargent

WINDHAM, Maine — Nathaniel Sargent could have been a free man in less than a year. But his short stint behind bars would have come with a price he considered too high: 10 years of public shame on the state’s online sex offender registry. Rather than bear the burden that comes with that label, Sargent accepted a four-year prison sentence on a more serious charge. But, in his mind, Sargent is not a sex offender, a label that has become synonymous with monsters and predators like a modern day branding mark. A misdemeanor charge of sexual abuse of a minor was what worried Sargent more than the threat of a lengthy jail sentence. Sargent’s attorney, Jeffrey Toothaker, and Hancock County prosecutor Mary Kellett agreed to a plea deal in which the state would drop the sex charge, and the eventual registry requirement, if he pleaded guilty to a felony assault charge. “I would have been in the same category with pedophiles and rapists,” Sargent said. “That’s not right.” Yes, he engaged in a sex act with a 14-year-old girl when he was 21. Yes, he exhibited bad judgment. But the sex was consensual, he said. And after three weeks dating the girl, Sargent realized he was in a lose-lose situation. “I was like, I can’t do this,” he said. “By then it was too late.” He moved on. The girl’s parents did not. They filed charges.

Man pressured to plead guilty and serve 4 years in prison for a made up charge of aggravated assault under pressure from assistant district attorney Mary Kellett of being prosecuted for a sex crime, be branded a child molester, and placed on a sex offender registry for 10 years for having consensual sex with his under aged girlfriend.

http://bangordailynews.com/2011/04/15

State of Maine vs. Joseph Audette

On Thursday, a Superior Court justice in Ellsworth dismissed all restrictions on Audette, 30,..[who] has been free on bail since early October after being arrested for possession of sexually explicit materials featuring children under the age of 12, a Class C felony. Audette had been prohibited from having any contact with children under age 18 and initially was banned from accessing the Internet...Mary Kellett, an assistant district attorney in Hancock County, declined to discuss the potential case against Audette other than to say that the investigation is continuing. “Sometimes it takes a while to investigate a case,” Kellett said. ...Audette’s computer allegedly had animation — commonly known as “anime”...which [investigator] said is illegal under federal law but not under Maine law.

Another life and career ruined by Mary Kellett’s obscene abuse of discretion. This school computer tech was arrested and his picture and charges of child pornography were widely publicized in newspapers and on television. The community held public meetings to discuss safety of local school children in the wake of his arrest. A few weeks after the media blitz, which involved law enforcement press releases, the charges against him were dropped by a judge. The “child pornography” allegedly turned out to be cartoon characters on a computer. The images neither involved children nor were illegal under State laws, but that did not stop Mary Kellett from rushing to publicly smear this man with charges involving child pornography.

http://bangordailynews.com/2011/11/18/

http://bangordailynews.com/2012/01/29/

State of Maine vs. Forrest P. Wardwell

BAR HARBOR — A Blue Hill man faces multiple charges including assault and unlawful sexual contact following an allegedly violent altercation with his ex-girlfriend early Saturday. Police say Forrest P. Wardwell, 24, showed up uninvited at his ex-girlfriend’s Roberts Avenue apartment, crashing his vehicle into hers in the driveway during the early morning hours. The pair then fought, both orally and physically, with things becoming more heated when she tried to use her phone, police said...Mr. Wardwell also is alleged to have engaged in unlawful sexual contact with the victim. When arrested, Mr. Wardwell “had wounds to his face that were concurrent with someone clawing at him or defending themselves,” according to reports, and his shirt was torn.

Note: Mary Kellett's community newspaper immediately reports that the alleged accuser is "the victim" and the man's clear physical injuries from the assault being caused by her self defense.

http://fenceviewer.com

State of Maine vs. Steve M. Kane

“ELLSWORTH — A 48-year-old Bucksport man was indicted Thursday for alleged sex offenses … According to Assistant District Attorney Mary Kellett, the girl was 12 and 13 years old when the alleged abuse occurred. The incidents began in August 2008 and continued through the spring of this year.”

More made up dates of violations in the Kane case: 8/15/08, 10/15/08, 1/15/09, 3/15/09, 6/15/09, 9/15/09, 1/15/10, 3/15/10, 8/15/10, 11/15/10, 3/15/11? "My job as the prosecutor is, I put a date in. You know, December 15th is just a date I chose....there has been no evidence presented to you as the jury that would suggest that a sexual act hadn't occurred on those dates" Mary Kellett told the jury in the Filler case.

http://fenceviewer.com

State of Maine vs. Keovilaisack Sayasane

“Another loss for Kellett in a case that never should have been pursued in the first place.” “Keovilaisack Sayasane was charged by Mary N. Kellett with “terrorizing, assault and criminal threatening” of his wife. But, as so often seems to happen, there were problems with Mary N. Kellett’s case. The biggest one was that the alleged victim, Sayasane’s wife, intended to testify on his behalf. Defense attorney Jeffrey Toothaker said he had expected Sayasane’s wife to testify favorably on his behalf July 20… “She was going to testify very favorably to get him out of trouble,” Toothaker said. But if you’re Mary N. Kellett, you don’t let a little thing like your only witness to the incident testifying for the defense get in your way. So she got creative. Two days before the trial was to start, the prosecution told the wife that Sayasane had killed his first wife, Toothaker said. The news “sent shivers up her spine, as it should,” he said. But there was just one thing wrong with that bit of information - it was a lie. “The suspension or disbarment of Mary N. Kellett would be richly deserved. It would also send a message to other prosecutors in Ellsworth, Maine, that her methods aren’t acceptable.”

***

According to a transcript of Sayasane’s July 20 trial, Toothaker and the prosecutor in the case, Assistant Hancock County District Attorney Mary Kellett, each told Justice Kevin Cuddy that the incorrect information was provided to Kellett by Deputy Attorney General William Stokes, head of the Attorney General’s Office’s criminal division.…On Thursday, however, 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. Contacted Thursday, Kellett directed questions about the case to Carletta “Dee” Bassano, district attorney for Hancock and Washington counties.

http://www.fathersandfamilies.org

http://fenceviewer.com

http://bangordailynews.com

State of Maine vs. William G. Rich

William G. Rich, 25, had been accused of sexually assaulting a 10-year-old boy…the jury deliberated for roughly an hour and 15 minutes before deciding Rich was not guilty of the charge of gross sexual assault. The boy is developmentally disabled and has the intellectual capacity of a third- or fourth-grader, his mother testified Monday morning. William Hooker, a jail inmate serving time on a probation violation for a gross sexual assault conviction, also testified Monday, telling the jury that Rich had told him in jail in August 2010 that he had assaulted the boy… Rich said during his testimony that he never talked to Hooker about the allegations against him. Rich’s defense attorney, Jeffrey Toothaker of Ellsworth, suggested… Hooker was hoping to reduce the time he might spend behind bars when he contacted police to tell them of Rich’s supposed confession, the defense attorney said. [Prosecutor Mary] Kellett said Rich’s inconsistent statements suggested he might have something to hide. “Why the absolute denial?” Kellett said to the jury in her closing statement. “That’s an issue in terms of evaluating credibility.” After the trial ended, Kellett said she naturally was disappointed in the verdict. “These are difficult cases,” she said. [Defense attorney] Toothaker said after the trial that he was confident his client was innocent.

http://new.bangordailynews.com/2011/03/21/news

TalkLeft

Is Mary Kellett America's Foulest Prosecutor? Tonya Craft Cases in Maine Still after several months of mulling it over, we think Mary Kellett of Maine may have earned a name at the top of the ballot.

http://forums.talkleft.com

State of Maine vs. Michael Webber

ELLSWORTH — A Hancock County jury Tuesday found a Penobscot man not guilty of touching a teenage girl after giving her a ride home last July. The state had charged Michael Webber, 37, with unlawful sexual contact and assault — both misdemeanors… [Defense attorney] Juskewitch questioned the state’s accusation that Webber would be gratified touching a teenage girl’s leg while driving a pickup truck with his daughter asleep next to him in the front seat.

http://fenceviewer.com/site/

State of Maine vs. Michael J. Willis

Bangor man accused of assaulting and raping an ex-girlfriend.   Michael J. Willis, 29, was indicted April 8 on six counts of assault and three counts of gross sexual assault.  Court records state the assaults occurred in Blue Hill and Bar Harbor between Feb. 1, 2009, and Sept. 25, 2009.

http://www.fenceviewer.com/

State of Maine vs. Jerome P. Millay

ELLSWORTH — A Hancock County Superior Court jury returned a verdict of not guilty Friday for a Blue Hill man accused of unlawful sexual contact. "This was a marriage coming to an end and the allegations are made because the marriage is ending and not because of anything that happened 10 years ago," [defense attorney] Slater said.

http://www.fenceviewer.com/site/index.php?option=com_content

***

Millay said that he has “missed his children terribly during this long and difficult separation.” He looks forward to renewing his role as father and friend to them now that the State is satisfied that he deserves this privilege. Millay further said, "I’m very relieved that my right as a parent has been fully restored and am hopeful that my sons and I will be able to quickly mend the damage that has been caused by our separation during this process."

http://www.weeklypacket.com/archives/2010/022510_stories/wp_milay_not_guilty_022510.html

State of Maine vs. Michael D. Manning

[Michael D. Manning] contends that he was denied a fair trial because of impermissible comments made by the prosecutor [Mary Kellett] during the State’s closing argument.

http://www.courts.state.me.us/maine_courts/supreme/oral_arguments.shtml

State of Maine vs. Joshua Busby

ELLSWORTH, Maine — A Mount Desert man was found innocent Thursday of forcing a woman to have sex after they consumed alcohol at a social gathering two years ago.

"Obviously, I’m very thrilled for Josh. He’s been worried about [the trial],” Foster said. “He busted out crying when he heard the verdict."

Mary Kellett, assistant Hancock County district attorney, agreed that testimony of others at the party probably influenced the jury’s decision. They said that the woman was being friendly with Busby throughout the night and again the next morning, after they all woke up in the same house.

Kellett said rape cases that may hinge on one person’s word being weighed against another’s often are tough to try in court.

Kellett said if there is a wider lesson to be learned from the trial, it is that getting drunk to the point of passing out or having a cloudy memory can have consequences.

"Clearly, the amount they had to drink would have affected their behavior," Kellett said. "These are people drinking to the point of excess at a very young age. Bad things happen."

http://www.bangordailynews.com/detail/132590.html

***

[defense] attorney, Matthew Foster of Ellsworth said in his opening statement to the jury that the sex was consensual. He said that after the incident, the victim became concerned that a person she was dating would find out and so made up the story about the alleged assault.

The victim did not act like someone who had been raped, Foster said. She continued to hang out with Busby, who had a corresponding mark on his neck after the encounter, and even shared a bed with him again, though without having sex a second time.

During the alleged assault, another woman opened a door to the room where Busby and the woman were having sex and both Busby and the alleged victim told her to leave, according to the defense attorney.

In her opening statement to the jury, Assistant Hancock County District Attorney Mary Kellett told the jury that a person does not have to physically resist a sexual assault in order to be a rape victim.

http://www.bangordailynews.com/detail/132485.html

State of Maine vs. Francis X. Lynch

Francis X. Lynch, 74, Sedgwick. Indicted on a charge of Unlawful Sexual Contact  Oct. 6, 2007, in Sedgwick and tried by Mary Kellett in September 2009 was found NOT GUILTY.

No articles written about the acquittal

Grand Jury Indicts 4 on Sex Offenses

ELLSWORTH — A Hancock County grand jury indicted 21 people Tuesday. Four of the indictments were in connection with alleged sex offenses

http://ellsworthmaine.com/

State of Maine vs. Raymond Currier

After deliberating part of Thursday and about 2½ hours Friday morning, the jury of eight women and six men found Raymond L. Currier, 56, not guilty on all counts. Currier had been charged [by Mary Kellett] with 20 counts of assault, unlawful sexual contact and unlawful sexual touching.

Defense attorney Stephen Juskewitch of Ellsworth argued in his opening remarks Wednesday that the [16 year old step daughter] had fabricated the allegations in order to avoid punishment for misbehavior at home. Among the household rules the girl violated, according to Juskewitch, were taking money to school, stealing money from her mother and lying.

http://www.bangordailynews.com/detail/106170.html

State of Maine vs. Michael D. Weber

The state had charged Michael D. Weber, 35, with seven counts of gross sexual assault and seven counts of unlawful sexual contact.

Defense attorney Steven Juskewitch argued that the girls’ accusations were brought in an attempt to keep Weber from gaining custody of a daughter he had with his ex-wife.

"Absent the stories" told by the stepdaughters, Juskewitch said, the girl "would be with her natural father."

"Once you found out that she was better off with her father — that was upsetting?" Juskewitch asked the girl, who nodded yes.

Assistant District Attorney Mary Kellett was the prosecutor.

On July 1, Juskewitch questioned why his client was even tried.

"There were prior court decisions on the civil side that said the allegations were not credible and Mary [Kellett] went with the indictment anyway," Juskewitch said. "These allegations didn’t even meet the "more likely than not" standards and the state went ahead with the same evidence to prove beyond a reasonable doubt."

Juskewitch said during the case that Weber and his young daughter had to go for three months without seeing each other or speaking on the phone.

The state had imposed bail conditions forbidding Weber to have contact with any person under the age of 16, including Weber’s own daughter, Juskewitch said.

The defense attorney said he tried twice to get the conditions amended to exclude the daughter but the request was denied twice, the first time without a hearing.

http://ellsworthmaine.com/site/index.php/2008070315509/Law/Man-Accused-of-Sexually-Assaulting-Stepdaughters-Acquitted.html

State of Maine vs. Christopher Gilley

"From the beginning, we thought it was an incredibly weak case," said [Defense Attorney] Largay. "We were just very surprised with the only evidence the state had that they brought these charges at all."

"Everyone accused of this has a moral taint difficult to overcome in the public eye," he said.

However, prosecuting attorney Mary Kellett presented no physical evidence to the jury.

Neither the girl nor her clothing were examined after she made the report.

http://ellsworthmaine.com/site/index.php/2007121311786/Latest/Franklin-Man-Acquitted-of-Rape.html

State of Maine vs. Brian J. Clough

Brian J. Clough, 20, was charged with assault after the alleged incident May 30, 2007.

The [10 year old] girl never identified Clough in a photo lineup, [Defense Attorney] Juskewitch said.

Juskewitch repeated to the judge that the girl described the man as "an old man in his 60s."

"They were able to come up with [20 year old] Brian in a gray sweatshirt and hat," said Juskewitch.

Prosecuting attorney Mary Kellett questioned the girl about her description of the man.

"What was it about the man that made you think he was 60?" Kellett asked.

"I saw wrinkles," the girl said.

The case has "three tragedies," said Juskewitch.

The first is that a 10-year-old girl was molested in Wal-Mart. The second, "we don’t know who did it," he said. And lastly, an innocent person was charged with the crime, he said.

Kellett did not return a call seeking comment before press time.

http://ellsworthmaine.com/site/index.php/2008041714110/Law/Gouldsboro-Man-Charged-With-Assualt-Is-Not-Guilty.html

State of Maine vs. Scott Oakes

"That was one of the most graphic trials I’ve heard," said Oakes’ attorney, Jeffrey Toothaker.

According to Toothaker, the woman’s testimony was inconsistent and led to the verdict.

If Oakes "had decided to get back together with her we wouldn’t have been here today," he said after the trial. "She knew what she was doing when she went to his place every day."

"I don’t buy the ‘she likes it, she wanted it’ defense," said Assistant District Attorney Mary Kellett. "There was consensual behavior and then there was behavior that occurred out of anger."

Oakes has been in custody since January.

http://www.bangornews.com

State of Maine vs. George Gray

"Defense attorney Andrew Slater said that although investigators did a good job in collecting evidence in the case, that evidence did not prove his client had committed the crime."

"Putting that young lady through the emotional trauma of a trial when the evidence clearly did not warrant it is outrageous," Slater said. "The state never claims the responsibility for the harm it does to children."

"You’re often dealing with the issue of ‘beyond a reasonable doubt,’" [Mary] Kellet said. "In this type of case, there is no physical evidence to present. It comes down to one person’s word against another’s. It’s not easy for a jury to find a person guilty beyond a reasonable doubt."

"I am an advocate, not a judge," [Mary Kellett] said.

[George Gray] has been held in jail for 10 months awaiting trial.

http://bangornews.com/detail/51374.html

State of Maine vs. Larry S. Birmingham

Two years later, in 2005, police interviewed the girl again, at which point the District Attorney’s Office brought charges against Birmingham.

"The delay was based on the fact that the victim was very limited," said Kellett. Kellett described the girl as “mildly retarded.”

[The girl] frequently gave one-word replies during the testimony or said, "I don’t know."

[Defense Attorney] Toothaker told the jury in his closing remarks that the police officer had asked the girl "leading questions."

Kellett advised the jury that the legislature took away the statute of limitations when a sex crime victim is under age 16.

http://ellsworthmaine.com/site/index.php/200611165253/Law/Fla.-Man-Found-Not-Guilty-Of-Rape-in-Lamoine-Case.htm

State of Maine vs. Shawn A. Robinson

Shawn A. Robinson, 18, of Ellsworth was cleared on a charge of Class A gross sexual assault after a jury of four men and eight women deliberated for about five hours.

The verdict culminated a two-day trial that featured testimony from the alleged victim as well as witnesses who gave differing accounts of what happened.

"Of course, I always like to get a guilty verdict, but the jury certainly spent a long time considering the case, which shows they put in a lot of effort," [Mary] Kellett said.

The alleged victim testified in court on Monday that she and Robinson became acquainted more than a year ago when they spent time together at KidsPeace, a residential facility for teens in Ellsworth.

They even dated briefly, she said, but mostly were close friends.

Toothaker, however, called witnesses who were at the house at the time of the alleged assault. All testified that the young woman did not seem upset and the two emerged from the bedroom.

http://www.bangordailynews.com/news/t/hancock.aspx?articleid=154711&z..178

State of Maine vs. Raymond Currier

The state has been ordered to provide a recording of a forensic interview of an alleged sexual assault victim to a defense attorney.

Juskewitch is defending Raymond Currier of Dedham, who has been indicted on seven counts of assault, 10 counts of unlawful sexual contact and three counts of unlawful sexual touching.

"I’ve reviewed it once," said Juskewitch. "I’d like to review it with experts. I think there are some significant lapses in protocol for conducting the forensic interview."

"We don’t like to release those tapes," said prosecuting attorney Mary Kellett. "We want to keep close control over these."

[Justice] Hjelm said this is the first time he has encountered this issue.

http://ellsworthmaine.com/site/index.php/200705037800/Law/Judge-Allows-Defense-to-Obtain-Copy-Of-Interview.html

State of Maine vs. Dale L Martin

Man found innocent of rape, kidnapping Jury deliberates 2 hours in Ellsworth case

"I believe justice was done," Steven Juskewitch of Ellsworth, Martin's attorney, said after the verdict was announced. "Unfortunately, it took 111/2 months of an innocent man being held in jail."

Martin had been held in jail since his arrest last July because he was unable to make his bail of $5,000 cash or $25,000 surety, according to Hancock County Assistant District Attorney Mary Kellett.

http://pqasb.pqarchiver.com/bangor/access/347799121.html?

State of Maine vs. Lawrence P. Rotta

Otis man found innocent of sexually assaulting woman

"After a while, she started saying 'no,'" [Lawrence P. Rotta] said. "I stopped and put my clothes back on." Rotta said that the woman stayed the night and that they had sex the next morning. The woman never objected the next morning, Rotta said, and he never forced her to have sex or threatened her with force.

http://pqasb.pqarchiver.com/bangor/access/92526955.html

More cases will be listed soon.