Ligia Filler was found on a road in Maine partially undressed, screaming she was going to kill her husband for abusing their children. These allegations were known to be false. But allegations that her husband Vladek had sexually assaulted her soon escalated into criminal charges against this innocent man.
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Despite the lack of any physical evidence, Assistant District Attorney Mary Kellett tried the case Jan. 12-15, 2009. Mr. Filler was found guilty on three charges and innocent on four charges.
The case was appealed to the Maine Supreme Judicial Court. On Sept. 9, 2010 the Court ordered a new trial concluding that Keller had engaged in prosecutorial misconduct because she had “improperly encouraged the jury to use the absence of evidence regarding the marriage ending and a child custody dispute – evidence that had been excluded based on the State’s objection – as a reason to reject [defendant] Filler’s case.”
The new trial is scheduled for May 23-26, 2011 in Ellsworth Superior Court. ADA Mary Kellett is expected to be a member of the team re-trying of the case, raising the specter of a worrisome continuation of prosecutorial abuses.
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SAVE has filed a Complaint with the Maine Board of Overseers of the Bar. The Complaint concludes:
“Mary Kellett’s repeated instances of prosecutorial misconduct has had the effect of undermining public respect for law. She is dangerous to the even-handed administration of justice. Kellett has been shown to be an enabler of a known perpetrator of child abuse. Therefore, prosecutor Kellett’s actions demand disbarment by the Maine Board of Overseers of the Bar in order to assure the safety and tranquility of the citizens of Maine.”
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