Assistant District Attorney Continues to Prosecute Cases Despite Suspension Recommendation:
SAVE Calls on Hancock County Commissioners to Take Action
WASHINGTON / February 1, 2013 – Following the recommendation of a panel to suspend the law license of Hancock County prosecutor Mary N. Kellett, Stop Abusive and Violent Environments (SAVE) is calling on Hancock County Commissioners to exercise its duty to protect the public by immediately removing Kellett from her prosecutorial duties.
In 2007, Vladek Filler filed for divorce from Ligia Filler, eventually winning sole custody of their three children. Assistant District Attorney Mary Kellett became involved in the case because of Ms. Filler’s allegations of domestic violence.
Kellett’s conduct in the case prompted Mr. Filler’s attorney to assert that Kellett ignored exculpatory forensic evidence, Mrs. Filler’s recorded admissions, and her documented child abuse, thus using her prosecutorial powers to improperly take sides in a custody dispute.
Following allegations of prosecutorial misconduct, the Maine Supreme Judicial Court heard the case. In 2010 the Court concluded that Filler’s constitutional right to a fair trial was violated by Kellett’s actions and remanded the case for a retrial.
On March 29, 2011, Stop Abusive and Violent Environments filed a Grievance Complaint with the Board of Overseers of the Bar, detailing numerous examples of improper and unethical conduct by ADA Kellett.
Following a public disciplinary hearing in December 2012, a Panel of the Board of Overseers of the Bar issued a unanimous decision for the suspension of Kellett’s license for “conduct unworthy of an attorney.” The panel ruled Kellett violated seven Bar rules including undermining the administration of justice, withholding and suppressing exculpatory evidence, violating a court order, and misleading the jury:
Despite court decisions, a two-year investigation by the Board of Overseers of the Bar, and a recommendation for the suspension of her license, Kellett has been allowed to continue her normal prosecutorial duties. Pending a final determination by the Maine Supreme Judicial Court, SAVE is calling on the County Commissioners to promptly remove Kellett from her prosecutorial role.
Meet the County Commissioners:
Per M.R.S.A. Title 30-A Section 102: The county commissioners have final authority over the operation of all county offices by elected or appointed county officials, except in circumstances for which a County Personnel Board has been established under subchapter VII, article 2-1 with the powers and duties set forth in that article and in section 501. The county commissioners must act as a board and not on an individual basis in exercising their authority.
Per M.R.S.A. Title 30-A Section 101: Commissioner’s duties:
The commissioners of each county shall.
1. Receipts and expenditures. Examine, allow and settle accounts of the money of the county;
2. Representation Represent the county;
3. Manage property and business. Care for its property and manage its business;
4. Convey real estate. By a recorded order, appoint an agent to convey its real estate;
5. County ways. Lay out, alter or discontinue ways;
6. Keep books and accounts. Keep their books and accounts on forms and in a manner approved by the Department of Audit;
6-A. Adopt ethics policy. In their discretion, the county commissioners may adopt an ethics policy governing the conduct of elected and appointed county officials;
7. Other duties. Perform all other duties required by the law.
AVfM Publisher’s note: Gents and ladies, we still do not have a date for when Vladek Filler’s case against Mary Kellett goes before the State Supreme Court. Thus far, DA Carletta Bassano has failed to protect public interest by relieving Kellett of her duties till the court makes a determination about the very serious charges against her. Please join us in contacting the Country Commissioners and politely reminding them that they have the authority, and given Carletta Bassano’s negligence, the duty to remove Mary Kellett from the prosecutors office until a ruling has been issued on her case by the State Supreme Court. Thank you. PE