Vladek Filler Family Legal Defense Fund
Victims of Ellsworth Maine Rape Hysteria
Borderline Personality Disorder
False Allegations by Parents in Custody Disputes
The Myth that Women Never Lie about Rape
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Last Updated on 01/29/2010 |
A small sample of Assistant DA Mary Kellett's cases
If you have information to share about Assistant District Attorney Mary N. Kellett of Brooklin Maine, please write to Info@FillerFund.com. All information is handled discretely and professionally.
Ø Bangor Daily News:
[Assistant DA Mary Kellett] said that it could be difficult to find jurors for sex cases
because many people have been victims of sex offenses or have been accused of committing them.
http://cache.zoominfo.com/CachedPage/
Ø The total number of recent unjustified sexual misconduct prosecutions by Mary Kellett and Hancock County DA's office is unknown
State of Maine vs. Vladek Filler
State of Maine vs. Scott V. Lounder
State of Maine vs. Douglas Moore
State of Maine vs. Tyler W. Murphy
State of Maine vs. Joshua D. Busby
State of Maine vs. Leon C. Eaton
State of Maine vs. David J. Worster
State of Maine vs. Francis X. Lynch
State of Maine vs. Christopher Ponce
State of Maine vs. Tyler W. Murphy
State of Maine vs. Michael David Webber
State of Maine vs. Tony F. Adams
State of Maine vs. Christopher W. Spurley
State of Maine vs. Logan C. Will
State of Maine vs. Frank Rees
State of Maine vs. Carlos Arroyo-Perez
State of Maine vs. Jerome P. Millay
State of Maine vs. Chad A. Leavitt
State of Maine vs. Eric N. Gingerella
State of Maine vs. Andre T Jacques
State of Maine vs. Robbie W. Greenlaw
State of Maine vs. Travis Rideout
State of Maine vs. Tony F. Adams
State of Maine vs. Michael D. Manning
State of Maine vs. Larry S Birmingham
State of Maine vs. Christopher M Gilley
State of Maine vs. Brian J. Clough
State of Maine vs. George A Gray
State of Maine vs. Scott I. Oakes II
State of Maine vs. Raymond L. Currier
State of Maine vs. John Reese
State of Maine vs. Thomas J. Hibbard
State of Maine vs. Horace R. Blackwood
State of Maine vs. Shawn A. Robinson
State of Maine vs. Dale L Martin
No local articles have been published about prosecutorial abuse of innocent men
Ø 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
Ø 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. They can be even more complicated when the memory of witnesses is affected by heavy alcohol consumption, she said.
“She didn’t consent. They told very contradictory stories about what happened in that room,” Kellett said. “I felt [the victim] was a strong witness.”
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
***
Busby's 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
Ø 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
Ø 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/
Ø 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
Ø 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
Ø 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.
Ø 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
Ø 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
Ø 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
Ø 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
Ø 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.html
Ø 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
Ø 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
More cases will be listed soon.