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Tag Archives: Prosecutorial Misconduct

SSCC–Hancock County

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Six years ago, Assistant District Attorney of Hancock County, Maine, Mary Kellett, used the awesome power of the state on behalf of a woman who was seeking custody of her two children. Ligia Filler was afraid that, in her impending divorce from husband Vladek Filler, she’d lose custody of her children. She was right. Ligia Filler did lose custody of her children for the good and sufficient reason that she was a mentally unbalanced woman with a propensity for harming the kids. When it came to it, the Hancock County family court had no trouble deciding who was the better parent and awarded primary custody to Vladek.

What the family court and child welfare workers recognized – that Vladek Filler is a fine and loving parent and that Ligia is a danger to herself and her children – escaped Mary Kellett completely. Or, it may not have escaped her; she may have seen it clearly, but went to bat for Ligia anyway. If the latter, she not only used the power of her office to hound an innocent man, but she used it to attempt to keep innocent children in an abusive environment. Whatever she knew, it seems clear that Mary Kellett acted on the basis of a misandric worldview. This is a woman who seems to use state power to conduct personal vendettas against men. The Filler case is far from the only one in which this tendency has apparently come to light.

Go read the whole story.  It honestly makes me sick.

State Sponsored Criminal: Mary Kellett

Because when you’re a prosecutor and you purposely violate rules and ethics of the bar, you get a suspension which is then suspended.  Punishment, who needs it when you’re the state!

via Rob H.

SSCC Hancock

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A prosecutor from Hancock County admitted Monday morning to a state supreme court justice that she violated rules of the Maine Bar when she prosecuted a former Gouldsboro man on gross sexual assault and misdemeanor assault charges.

Mary Kellett, assistant district attorney for Hancock County, appeared Monday before Justice Ellen Gorman after the Maine Board of Overseers of the Bar recommended late last year that she be suspended. A board grievance panel met in Bangor last fall to consider a misconduct complaint filed against Kellett by Vladek Filler and determined that Kellett had violated seven bar rules in handling Filler’s assault case. The board’s recommendation that Kellett be suspended is the only such recommendation that board staff can recall for a prosecutor in Maine, according to Jacqueline Rogers, executive director of the board.

What is the cost to this woman for committing this misconduct and ruining a mans life?

Fisher said the Attorney General’s Office and the bar’s attorney agreed that Kellett could face a 30-day license suspension, but it would be suspended with a requirement that she complete six hours of training in prosecutorial ethics, in addition to training she is already required to complete.

Here’s a listing of the findings by the panel:

After last fall’s grievance hearing, the panel determined that Kellett violated bar rules by:

• Engaging in conduct unworthy of an attorney.

• Engaging in conduct prejudicial to the administration of justice.

• Failing to employ reasonable skill and care.

• 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.

• Suppressing evidence that she had a legal obligation to produce.

• Assisting the state to violate the Maine Rules of Criminal Procedure and the court’s order.

• Employing means that were inconsistent with truth and seeking to mislead the jury.

Ends up the guy was still convicted at his second trial but what if he hadn’t been?  6 hours in a class for a case that he has spent 3 years in prison for already?  They may claim it isn’t the norm, but honestly doing it the first time is the hardest, after that you know you can get away with it.  You either work ethically, do your job and due diligence, or you don’t.  You don’t magically get a pass because, “Well this was the first time.”  Well sorry but that’s someone’s life you’re messing with and if you can’t be responsible enough to do the job right, you have no business wielding that power.

I wonder if there would be such leniency if these acts had been committed by a defense attorney and not a prosecutor.

State Sponsored Criminal: Assistant District Attorney Mary Kellett

Because the rules of the Bar are for everyone else.  Just because a prosecutor who’s unethical can ruin a mans life doesn’t mean they should be held accountable when they’re caught being.

h/t Rob Halvorson

SSCC Oklahoma County

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The Oklahoma Supreme Court has suspended a former prosecutor for misconduct in gaining capital murder convictions of two men nearly 20 years ago; the court declined a recommendation by the state bar association that he be disbarred.

Robert Bradley Miller, former assistant district attorney for Oklahoma County, was suspended from practicing law for 180 days and ordered to pay more than $12,800 in court costs, the Associated Press reported. Miller faced a slew of charges by the bar, and the high court winnowed some of them.

The story is down right depressing.  When you are looking to end someone’s life, there is no room for error and no room for misconduct.  The bar association was correct in their assessment in my eyes.  I guess the court prefers to protect their corrupt officers of the court.

State Sponsored Criminal: Robert Bradley Miller

Because who needs to be ethical when if you win they’re going to be put to death right?  What difference does it make?

h/t Rob Halvorson

SSCC Cleveland

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Incase you can’t see the video:

An Ohio prosecutor who was fired for creating a fake Facebook account to chat with witnesses in a murder trial insists he acted in the interest of the public.

Aaron Brockler confessed to posing as a woman on the social network in an attempt to coax the accused killer’s alibi witnesses to change their testimony, the Cleveland Plain-Dealer reports.

“Law enforcement, including prosecutors, have long engaged in the practice of using a ruse to obtain the truth,” Brockler told the newspaper. “I think the public is better off for what I did.”

Remember, it takes a great prosecutor to convict an innocent man.

State Sponsored Criminal: Aaron Brockler

Because when you think that someone’s guilty, do everything you can to intimidate others into lying to support your version of the story.

via Rob Halvorson

Accountabilibuddable–Edgar County

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Well this put a smile on my face though I want to see some jail time go along with it.

The Illinois Supreme Court, on May 23, 2013, filed the opinion on former Edgar County State’s Attorney Michael McFatridge v Lisa Madigan. This case involved McFatridge, and whether the taxpayers were responsible for his litigation expenses after being sued in the course of his official duties.

This opinion means that the State of Illinois is not responsible for McFatridge’s attorney fees as the AG had determined the suit against him involved allegations of acts or omissions of intentional, wilful, or wanton misconduct. Since these civil suits were settled before coming to trial, there is no court or jury to determine that the actions of McFatridge were not of intentional, wilful, or wanton misconduct.

Given the power of a prosecutor he should be held personally accountable and it should take a court of law to prove his that he was acting in the interests of the state in good faith.  When you do something that breaks the rules, you should pay, not the tax payers.

h/t Rob Halvorson

Quote of the Day–Phil Locke(6/3/2013)

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Prosecutorial misconduct.  Well folks, this one is a hot button of mine.  Ask the average citizen, and they are totally unaware that such a thing ever happens.  After all, prosecutors are honorable people who are committed to ethics, justice, upholding the law, and to helping protect the public by ensuring that the  ”bad guys” are sternly dealt with, and if necessary, isolated from society, or even put to death.

Phil Locke – Prosecutorial Misconduct – What’s to be Done? A Call To Action

May 20th, 2013

[Yup, many seem to think prosecutors are some how infallible or some how looking out for the best interests of society, victims, or any number of things.  They’re only actually looking out for one thing, their careers.  I’ve had numerous other people come into my life recently who have had their own experiences with the local prosecutor, not to mention a run in from the prosecutorial side.

Nothing says stand up guy than saying there’s not enough evidence to pursue charges against someone for committing a crime even though they posted pictures of themselves committing said crime on Facebook.  *No this is neither a joke or exaggeration.  A man broken in and vandalized a property and took pictures of himself trespassing on said property as well vandalizing it.  The response of the prosecutors office was, “Not enough evidence to prosecute.”*

Remember that the next time you think the law will somehow provide justice.  Because as I’ve said before, “there is no correlation between the law and justice”.  Not to mention the prosecutorial motto, “It takes a good prosecutor to convict a guilty man, it takes a great prosecutor to convict an innocent one.”

This is a reminder of why I like my buddy Mike Jefferson so much. –B  ]

via Rob Halvorson…