Contact: Gina Lauterio
In Maine Prosecutor Misconduct Case, Judge Orders Complaint to Move Forward
WASHINGTON / February 1, 2016 – In a case involving the first Maine prosecutor to be disciplined by the state bar disciplinary committee, United States District Court Judge John Woodcock largely denied the motion of the defendant, former Assistant District Attorney Mary Kellett, to dismiss, and ordered that the case could go forward.
In 2007, Vladek Filler was indicted on five counts of gross sexual assault and two counts of assault of his now former wife. After two trials and two appeals to the Maine Supreme Judicial Court, Filler was convicted of one assault charge. In 2015, Filler’s attorney filed a motion to vacate and dismiss the misdemeanor conviction. The motion was granted on April 24, 2015 and the charge was dismissed: https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=4694
The case resulted in an ethics complaint filed against ADA Mary Kellett. On December 5, 2012 a three-member panel found Kellett had violated seven ethical standards, including intentional concealment of exculpatory evidence, trying to mislead a jury, failing to employ reasonable skill and care, engaging in conduct prejudicial to the administration of justice, and engaging in conduct unworthy of an attorney: http://www.maine.gov/tools/whatsnew/index.php?topic=mebar_overseers_discipline&id=464815&v=article
Filler subsequently filed a 103-page civil action against Kellett and 17 other State Defendants, with Kellett then filing a motion to dismiss the Complaint. In last week’s Order, with some exceptions, the Court denied Kellett’s motions to dismiss the Amended Complaint.
The lawsuit was brought by Hallett, Zerillo & Whipple of Portland, Maine. The 78-page decision can be seen here: http://www.leagle.com/decision/In%20FDCO%2020160128E12/Filler%20v.%20Hancock%20County?utm_source=attorney_email&utm_medium=email&utm_term=ekst0Wdlit9UIBm7&utm_content=attid%3DjmVuxCeU2QJwAida&utm_campaign=attorney_email_M20160129&attn=TIMOTHY%20ZERILLO
More information about the ground-breaking case can be seen here: http://www.saveservices.org/camp/intolerable-injustice/
The Center for Prosecutor Integrity is a 501(c)(3) organization working to enhance prosecutorial ethics, curb over-criminalization, and end wrongful convictions.