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Free Bill Coleman: In prison 8 years for wife's rape claim during child custody battle

Wednesday, January 14, 2015 - Prision - Bill Coleman - fathers in action

Vladek Filler was falsely accused of raping his ex-wife. The evidence and testimony are in, and Vlad was cleared of the crime in court. False accusations are not uncommon, and we expect many of you who are reading this, may ALSO have been falsely accused. What's WORSE in the Filler case, is that the prosecutors were hiding exculpatory evidence, and even manufacturing evidence, in order to convict an innocent man. There is something you can all do, to prevent prosecutorial abuse in the future.

Write letters to the editor to all the newspapers in Maine expressing your disgust with the leniency given to prosecutor Mary Kellett, and the others who were part of her fraud and legal abuse. Here, below, is a list of Maine newspapers. Write to ALL of them. Below that, you can read the latest news on Vladek Filler's law-suit. Paul Clements DADD-SC

news@ellsworthamerican.com, ewicklund@journaltribune.com,
arussell@pressherald.com, trjmail@courierpub.com, rftimes@gwi.net,
kjcommunity@centralmaine.com, dduncan@mainetoday.com,
editor@magic-city-news.com, news@timesrecord.com, newscenter2@wlbz2.com,
wabi@wabi.tv.com, tv7news@wvii.com, newscenter@wcsh6.com,
newsdirector@wcsh6.com, wmtw@wmtw.com, morningreport@wlbz2.com,
newsdirector@wlbz2.com, editor@newmainetimes.org

Former Gouldsboro resident sues multiple agencies, officials over 2007 rape case
By Bill Trotter, BDN Staff Posted Jan. 10, 2015, at 7:08 a.m.
ELLSWORTH, Maine — A former Gouldsboro resident who was accused and then later acquitted of sexually assaulting his then-wife in 2007 has filed a civil lawsuit against several entities and people who were involved in prosecuting the criminal case. A complaint dated Jan. 8 accuses a total of 16 defendants of violating the rights of Vladek Filler, who now lives in suburban Atlanta, by denying him due process and a fair trial and by depriving him of his rights. The 102-page document, a copy of which was provided by Filler’s attorneys, was filed Friday in Hancock County Superior Court in Ellsworth.

The complaint targets former Assistant District Attorney Mary Kellett, who was the lead prosecutor for Filler’s first trial, as well as former Hancock County district attorneys Michael Povich and Carletta “Dee” Bassano. Hancock and Washington counties, the city of Ellsworth and the town of Gouldsboro also are named as defendants in the lawsuit, as are former Deputy District Attorney Paul Cavanaugh, six law enforcement officers from various agencies and a nurse. Filler, now 45, was accused of sexually assaulting his then-wife at their Gouldsboro home in April 2007. He denied the allegations, arguing his wife fabricated her accusations in order to gain leverage in a looming custody dispute over the couple’s two sons. Filler later was granted full custody of the boys in his subsequent divorce from his wife. Filler was charged with two counts of gross sexual assault and three counts of simple assault and, at the end of a January 2009 trial, was found guilty of one gross sexual assault charge and two assault charges. That conviction later was thrown out, however, after the trial judge ruled Kellett had made inappropriate comments during her closing remarks to the jury.

At his retrial in May 2011, which was prosecuted by Cavanaugh, Filler was acquitted of gross sexual assault but was convicted on one simple assault charge and served 21 days in jail. After his first trial,

Filler filed a complaint against Kellett with the Maine Board of Overseers of the Bar. He accused her of violating rules of the bar with comments she made during his January 2009 trial and by failing to provide evidence to Filler he believed supported his innocence. In 2012, Filler testified to the board that, in her closing arguments to the jury, Kellett referred to the lack of evidence of a custody dispute in the case, even though there was such evidence and the judge had barred attorneys from introducing any of it into testimony. He also told the board that before his first trial, Kellett inadequately responded to requests from his defense attorney for documents and other investigative materials and that she improperly advised an Ellsworth police officer not to comply with a subpoena from Filler’s attorney — despite a 2008 court ruling that ordered Kellett to hand over the requested materials to the defense attorney. Filler eventually was able to get copies of the requested materials directly from the Ellsworth Police Department, but not until after his first trial had ended.

The board of overseers later determined Kellett violated seven bar rules in prosecuting Filler’s case and recommended she be suspended. The following year, she was sanctioned by the state supreme court and ordered to undergo legal remediation for improperly handling the case against Filler. With the election last fall of Matt Foster as the new district attorney for Hancock and Washington counties, Kellett has left the district attorney’s office and gone into private practice, according to prosecutors contacted Friday.

Filler’s attorneys in the lawsuit, Thomas Hallett and Timothy Zerillo, said Friday in a phone interview that the other defendants aside from Kellett were involved in the broader scheme that deprived Filler of his rights. The police officers named in the suit failed to provide evidence to Filler or his criminal defense attorneys despite their requests, while Povich and Bassano, who supervised Kellett in succession, supported Kellett’s actions in not gathering and disclosing potentially exculpatory evidence, Hallett and Zerillo indicated. In the civil complaint, Filler’s attorneys accuse Povich of establishing some of the policies in the district attorney’s office that resulted in the official sanction against Kellett. Povich, who served as district

attorney for Hancock and Washington counties from 1975 until his retirement in 2010, established a “culture” of not providing evidence to defense attorneys or their clients, Filler’s attorneys said, in order to
limit information made accessible to criminal defendants. “Povich acted
with deliberate disregard as to the clearly established constitutional,
statutory, and due process rights of criminal defendants, including
Vladek Filler,” the complaint states. In the complaint, Filler accuses
Linda Gleason, a registered nurse and friend of Filler’s ex-wife, of
knowingly participating in the effort to falsely accuse him. He accuses
Cavanaugh of publicly making false and defamatory statements about the
matter last year when he ran for the Republican nomination for district
attorney of Hancock and Washington counties. Cavanaugh, who lost the GOP
nomination to Foster, now works as an assistant district attorney in
Kennebec and Somerset counties.
Also named as defendants are current or former Washington County
sheriff’s deputies Travis Willey, David Denbow and Michael Crabtree;
former Gouldsboro police Chief Guy Wycoff; Ellsworth police Officer Chad
Wilmot; and Detective Steve McFarland of the local district attorney’s
office. Each of the governmental entities that employs the officers also
is named in the complaint. Representatives for a few of the defendants
were contacted Friday and said that while they were aware a possible
lawsuit was in the works, they had not yet seen the specific complaint.
Steve Joy, a Hancock County commissioner, said Friday he had heard the
county might be sued over the Filler case but he declined further
comment. Portland attorney Edward Benjamin said he had been retained to
represent the city of Ellsworth and Officer Wilmot in the matter, but
that he had not seen Filler’s complaint and had been unaware it had been
filed in court.

Attempts to contact others named as defendants or their representatives were unsuccessful.

"All that is necessary for evil to succeed, is for good men to do nothing." Sir Edmund Burke

"Let our children judge us for the fight we engage in on their behalf."  Ulf Andersson

- - - -

William B. Coleman has been accused of spousal rape by his wife after he filed for sole custody of his two sons and after his wife hired a divorce lawyer before reporting any alleged rape to police. At his trial, she testified she did not report it nor go to the hospital to have a sexual assault kit performed because "it wasn't a priority." None of these facts stopped the prosecutor from going forward. Coleman's defense lawyers did not call any defense witnesses. Eventhough a polygraph test showed he answered truthfully when asked if he raped his wife, it was not allowed to be admitted in to evidence.

Assistant state's attorney Cynthia Serafini, who prosecuted the case, said after the verdict "An absence of forensic evidence is not necessarily conclusive to whether or not a crime took place," suggesting that just because evidence of any crime is nowhere to be found doesn't mean it doesn't exist in the realm of make believe. During her closing arguments, Serafini told the jury "The testimony of one witness is sufficient to convict", showing complete disregard for lack of any corroborating evidence to support the wife's strategically timed accusation and her extremely strong motive to lie.

Bill Coleman was subjected to an abusive Connecticut injustice system, inadequately represented by a now disbarred lawyer, and convicted by means of prosecutorial misconduct and abuse of discretion.

Bill Coleman has now spent 8 years in prison and has been on a hunger strike since September 17, 2007. He is a completely innocent man abused by a corrupt and violent system. His family has been forced to suffer greatly.

After 8 years of imprisonment and severe physical and human rights abuse by the State of Connecticut, he is conditionally scheduled for release on December 30, 2012 but only if he signs an agreement to register as a sex offender. Bill Coleman refuses to do so because he is a completely innocent man. He must be freed immediately and the abuse of his family must end.

Call and write to the Clerk of Superior Court in Enfield CT and demand Bill Coleman be immediately and unconditionally released.

Ref: billcolemaninnocentmanwrongfullyconvicted.webs.com/latestnews.htm

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