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BDN reports “Mary Kellett, assistant district attorney for Hancock County, admitted 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. She appeared 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.”
“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.”
“Filler told Gorman Monday that he thinks Kellett should be permanently disbarred. He said the charges against him had irreparably harmed him and his two young sons. Kellett’s mishandling of his case, he said, was an “abuse of power” that he described as willful, inexcusable and prolific.
“This is about intentional misconduct,” Filler told Gorman. “I have been fighting [this] for six years. I am pleading with this court for justice.”
“Gorman told Filler that Kellett’s violations were a first offense and that she did not intend to disbar the prosecutor. The judge did say that suspension was a significant punishment that would have a lasting effect.”
“It is a sanction that would continue to follow Ms. Kellett for the rest of her life,” Gorman said. “It is not a light sanction to impose.”
“Gorman also offered Filler an apology on behalf of the state’s criminal justice system.”
“You did not receive a fair first trial,” the judge said.
“Following the hearing, Filler told reporters in a courthouse hallway that he was disappointed Gorman would not consider disbarring Kellett. ”
“This was not about punishment [for Kellett],” Filler said. “I have an interest in making sure that other people are not subjected to such destructive [prosecutorial] abuse.”
William Fisher, was one of two assistant attorneys general who represented Kellett throughout the grievance process. Is this the same “William Fisher” who represented York County Deputy Sheriff Clifford Scott in an excessive force case in federal court? Did he climb the ladder from county level to state level?
“Ms. Kellett has suffered and learned from these proceedings,” Fisher said. “I believe she is going to be a better prosecutor. As part of Kellett’s admission, Fisher said, prosecutors in Bassano’s office will work with the Office of the Attorney General to establish systems by which they can keep better track of what types of evidence police departments have and do not have in each criminal case that Bassano’s office is prosecuting. The attorney general’s office also is working with Bassano’s office to review proper procedures for preparing for trial and for conducting trials, he said.”
“Gorman said she would review the agreement between Kellett and the Board of Overseers, which calls for a 30-day suspension, and that she planned to suspend the prosecutor but that the suspension itself would be suspended, meaning that Kellett will be able to continue to practice law unless new misconduct issues arise, at which point the suspension could go into effect. Gorman said she expected to issue her final decision sometime later this week.”
BDN reports “Judge orders legal remediation training for Hancock County prosecutor.” “In the order, Gorman suspends Kellett’s law license for 30 days but effectively puts the suspension on hold on the condition that Kellett complete six hours of continuing legal education. After Kellet’s training is completed and certified by Davis to Gorman, the judge’s suspension order will be terminated without further action, Gorman wrote.”
“In the Dec. 5 report, the panel indicated that it “concludes that an appropriate sanction in this matter would be a period of suspension. Accordingly, the panel finds probable cause for such discipline, and hereby directs Bar Counsel [J. Scott Davis] to commence an attorney disciplinary action by filing an information with the [Maine Supreme Judicial] Court.” Jacqueline Rogers, executive director of the board, said that this case was the first board officials knew of in which a panel report recommended that a prosecutor be suspended. She declined to comment specifically about Kellett’s alleged misconduct.
“So let’s see – A state entity that oversees the conduct of licensed attorneys in Maine has determined that a Hancock County prosecutor violated seven bar rules and should be suspended.”
“Bar Counsel J. Scott Davis is presenting the misconduct case to the board, while Assistant Attorney General Ronald Lupton is representing Kellett.Lupton said Kellett did not do anything to violate bar rules. He said his office and the Law Court each reviewed the case prior to Filler filing his complaint with the board and neither found that Kellett had done anything improper.”
It is quite surprising that Bar Counsel J. Scott Davis presented this misconduct case to the board as he has protected “his brothers/sisters” for decades. The activity “behind closed doors” demands EXPOSURE! Proof in the pudding. Why didn’t Scott Davis discipline Attorney Jens-Peter Bergen who was charged with “Engaging a Prostitute” in the Zumba case? As an attorney he knows, or should know, the law. He chose to commit a criminal or unlawful act that reflects adversely on his honesty, trustworthiness or fitness as an attorney. This is not the only time Atty. Bergen chose to violate the law. BERGEN, JENS PETER, ATTY. (COMPLAINT)
Attorney Jens-Peter Bergen, client on the list, had his case transferred to York County Superior Court. Entry of Appearance of Attorney and Jury Trial Request.
Attorney Jens-Peter Bergen, client on the list, had his case transferred to York County Superior Court. Entry of Appearance of Attorney and Jury Trial Request.
Jens-Peter Bergen, 54, of 79 Portland Road in Kennebunk, plead guilty through his attorneys, without appearing in York County Superior Court.
Attorneys who commit unethical conduct in this state are subject to discipline by the Grievance Commission of the Board of Overseers of the Bar or the Maine Supreme Judicial Court. Such discipline can range from a reprimand, the least serious discipline, to a suspension from practice, or permanent disbarment from practice. Click here.
In this case, Jacqueline Rogers, executive director of the Maine Board of Overseers of the Bar, said that there are bar rules that attorneys must adhere to or face possible disciplinary action. She said that no action would be contemplated against any attorney unless that person was convicted. Lawyers in Maine must register each year and are required to inform the Board if they have been convicted of a crime. She said some attorneys self report when there have been convictions and sometimes the court will inform the Board. She said any action against an attorney would depend on a conviction. Attorney Bergen admitted guilt. This was reported throughout the country and beyond. They didn’t hear about it?
Related: First Amendment Case –click here
Post Conviction Review – denied, click here.
York County D.A.Mark Lawrence was working with Lafortune with intent to indict, prosecute corrupt bankers/officials.
LAWRENCE, MARK D.A. LETTER JUNE 6, 2003
If the Attorney General and Maine Supreme Court Chief Justice Leigh Saufley brush this under the rug….does Mr. Filler, or any of us, stand a chance? Notwithstanding the fact that research proves that Maine judges must be commissioned and they are not! (In the search engine, type in Maine judicial system/courts and read the comments.)
When will legislators, our lawmakers, step up and grow a backbone? Judges, D.A’s, the Attorney General (and other constitutional officers), attorneys are daily violating us and the law.
When will the B.S. “behind the curtain” by both parties…end? Legislators give the “ok” for judges to sit on the bench, they can give the “ok” to remove them!
Let’s put an end to the “good ole boy network.” EXPOSE!
The Unmasking of Maine....and Beyond 