PRESS RELEASE
Contact: Christopher Perry
Telephone: 301-801-0608
Email: cperry@prosecutorintegrity.org
ACLU, Defense Attorneys File Brief Challenging Immunity Protections for Investigative Misconduct by Former Prosecutor
WASHINGTON / November 4, 2016 – Three criminal justice organizations have filed an Amicus Curiae Brief with the First Circuit Court of Appeals opposing the claim of a former prosecutor that she should enjoy absolute immunity for her misconduct that included tampering with exculpatory evidence in a sexual assault case. The American Civil Liberties Union, the ACLU of Maine Foundation, and the Maine Association of Criminal Defense Lawyers filed the Brief on October 5, 2016.
The case revolves around the actions of former prosecutor Mary Kellett during a 2007 trial of Vladek Filler, wrongfully accused of sexually assaulting his wife in the midst of a child custody dispute. Filler was eventually cleared or exonerated on all charges (1). He later sued Kellett alleging defamation and malicious prosecution.
Kellett advised three law enforcement officers to disregard subpoenas to disclose evidence to the defense attorney. More troubling, complainant Ligia Filler had admitted on tape that her rape allegations were her way of “fighting for the children.” This portion of the tape was edited out before it was handed over to the defense. Kellett “engaged in or supported and approved of, the tampering of evidence by selectively editing a videotaped interview and redacting the exculpatory portions of the recording that were given to the defense,” according to the Brief.
Ex-prosecutor Kellett previously admitted to these actions and was professionally sanctioned (2). The question now before the court is whether these unethical actions should be protected by the doctrine of absolute immunity.
Kellett’s actions are consistent with an investigative approach often referred to as “victim-centered.” This method instructs investigators to “start by believing” the accuser’s statements (3); to hand “control of the process back to the victim” and allow the complainant “to request certain investigative steps not be conducted”(4); and to assume that “all sexual assault cases are valid unless established otherwise by investigative findings.” (5)
A hearing on the case will be held this coming Monday, November 7, 2016 in Boston. The Brief is available online (6). The case has attracted national media attention (7).
Citations at Source site.
Showing posts with label center for prosecutor integrity. Show all posts
Showing posts with label center for prosecutor integrity. Show all posts
Saturday, November 5, 2016
Saturday, August 27, 2016
Let's ask Donald Trump were he stands on due process for male students accused of sexual misconduct
Rights group calls on presidential candidates to denounce 'victim-centered investigations'
By Ashe Schow (@AsheSchow) • 8/11/16 2:17 PM
An organization dedicated to overturning and preventing wrongful convictions is calling on presidential candidates Hillary Clinton and Donald Trump to denounce "victim-centered investigations."
The Center for Prosecutor Integrity works with prosecutors, defense attorneys, law enforcement and the falsely accused to prevent wrongful convictions and over-criminalization. The group says victim-centered investigations have led and will lead to more wrongful convictions and false accusations.
"Victim-centered investigations emphasize the collection of evidence supportive of the complainant and discourage the collection of exculpatory evidence, thereby increasing the likelihood of a guilty verdict," the group wrote in a press release. "Victim-centered investigations represent a departure from ethical standards of investigative impartiality, neutrality and objectivity."
Both the Democratic and Republican Party platforms discussed fairness in accusations of sexual assault, specifically on college campuses. But requiring victim-centered investigations removes fairness, as investigators — whether actual law enforcement or campus bureaucrats — are told to believe accusers and pressured by the federal government to punish the accused no matter what the evidence shows.
As I've written before, one of the few times the general public was able to review just what constituted a "victim-centered" investigation, the results were unnerving. Investigators were outright told that false accusations are rare (so best not to ever disbelieve the accuser) and to predict what a likely defense would be, so as to counteract it during the investigation.
Investigators for the University of Texas system were told not to repeat questions with accusers (or not to take notes when doing so), so that there would not be evidence of inconsistencies that could be an indication the accuser was lying.
The CPI press release mentions the case of a young man who was accused of sexually assaulting a woman even though he had never been to the town the alleged assault was said to have occurred.
The group called for Clinton and Trump to endorse a "justice-centered" approach that "protects due process, preserves the presumption of innocence and utilizes an impartial evaluation of all evidence."
Accusers, CPI notes, should be treated with respect and taken seriously, but investigators must remain impartial. I've previously advocated for a "trust but verify" approach, which would ensure accusers aren't disbelieved from the start, but that the accused would also not be treated as guilty from the beginning.
Trump hasn't mentioned campus sexual assault during his campaign, but Clinton has tweeted that we should "listen and believe" anyone who makes an accusation (unless they're accusing her husband, of course).
Source
As you can plainly see that as far as men's rights go Hillary is a lost cause. The proof is here and here. Which is causing this and rightfully so. That means our best bet is with Donald Trump. So contact him at facebook or send him a tweet and let him know that we are very concerned about this. The more of us that contact him the better so don't delay.
By Ashe Schow (@AsheSchow) • 8/11/16 2:17 PM
An organization dedicated to overturning and preventing wrongful convictions is calling on presidential candidates Hillary Clinton and Donald Trump to denounce "victim-centered investigations."
The Center for Prosecutor Integrity works with prosecutors, defense attorneys, law enforcement and the falsely accused to prevent wrongful convictions and over-criminalization. The group says victim-centered investigations have led and will lead to more wrongful convictions and false accusations.
"Victim-centered investigations emphasize the collection of evidence supportive of the complainant and discourage the collection of exculpatory evidence, thereby increasing the likelihood of a guilty verdict," the group wrote in a press release. "Victim-centered investigations represent a departure from ethical standards of investigative impartiality, neutrality and objectivity."
Both the Democratic and Republican Party platforms discussed fairness in accusations of sexual assault, specifically on college campuses. But requiring victim-centered investigations removes fairness, as investigators — whether actual law enforcement or campus bureaucrats — are told to believe accusers and pressured by the federal government to punish the accused no matter what the evidence shows.
As I've written before, one of the few times the general public was able to review just what constituted a "victim-centered" investigation, the results were unnerving. Investigators were outright told that false accusations are rare (so best not to ever disbelieve the accuser) and to predict what a likely defense would be, so as to counteract it during the investigation.
Investigators for the University of Texas system were told not to repeat questions with accusers (or not to take notes when doing so), so that there would not be evidence of inconsistencies that could be an indication the accuser was lying.
The CPI press release mentions the case of a young man who was accused of sexually assaulting a woman even though he had never been to the town the alleged assault was said to have occurred.
The group called for Clinton and Trump to endorse a "justice-centered" approach that "protects due process, preserves the presumption of innocence and utilizes an impartial evaluation of all evidence."
Accusers, CPI notes, should be treated with respect and taken seriously, but investigators must remain impartial. I've previously advocated for a "trust but verify" approach, which would ensure accusers aren't disbelieved from the start, but that the accused would also not be treated as guilty from the beginning.
Trump hasn't mentioned campus sexual assault during his campaign, but Clinton has tweeted that we should "listen and believe" anyone who makes an accusation (unless they're accusing her husband, of course).
Source
As you can plainly see that as far as men's rights go Hillary is a lost cause. The proof is here and here. Which is causing this and rightfully so. That means our best bet is with Donald Trump. So contact him at facebook or send him a tweet and let him know that we are very concerned about this. The more of us that contact him the better so don't delay.
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