ELLSWORTH — The Maine Board of Overseers of the Bar has scheduled a disciplinary hearing to consider a complaint against Hancock County Assistant District Attorney Mary Kellett.
Vladek Filler, a former Gouldsboro resident now living in Lawrenceville, Ga., filed the complaint with the Board of Overseers in December 2010. Kellett was the prosecutor in a case in which Filler was charged with five counts of gross sexual assault and two counts of assault. The alleged victim was his wife, Ligia Filler.
After two trials and two appeals to the State Supreme Court, Filler was acquitted of the charges but later was convicted of a misdemeanor assault charge and sentenced to three weeks in jail.
The disciplinary hearing is scheduled for Aug. 30-31 at the Penobscot Judicial Center in Bangor.
In its disciplinary petition, the Board of Overseers is accusing Kellett of violating nine Maine Bar rules governing the conduct of attorneys. The alleged violations stem from remarks Kellett made during Filler’s first trial and from withholding evidence from Filler’s attorney, Daniel Pileggi, during the discovery process.
In court, Filler claimed his wife had fabricated the criminal charges against him. The couple were in the process of divorcing and the allegations were designed to give her an advantage in a custody dispute regarding their two sons, he claimed.
During the trial, Kellett successfully objected to the defense attorney’s attempts to question Filler’s wife on the divorce proceeding and custody issues. However, during closing arguments, Kellett made several statements about child custody, according to the petition. These comments “were misrepresentations to the jury of the actual facts” and, therefore, are a violation of bar rules, bar counsel J. Scott Davis wrote.
Kellett also is accused of withholding discovery materials and other pertinent information from Pileggi. The Board of Overseers alleges that Kellett failed to respond to two requests from Pileggi seeking supplemental discovery materials. After the defense attorney filed a motion for discovery, he was provided with only a limited portion of the requested materials.
Kellett later allegedly told Pileggi eventually that he needed to make his own arrangements to get discovery materials from the police departments involved in the investigation. Pileggi issued subpoenas to obtain the materials. One subpoena was served on Ellsworth police officer Chad Wilmot.
According to the petition, Wilmot later told Pileggi that Kellett directed him to not turn over the requested materials before the hearing on the motion for discovery. A Hancock County Superior Court justice eventually granted that motion, but Kellett allegedly failed to provide the materials she was required to produce.
Failure to heed the court order “was improper conduct and not in compliance with the terms and requirements” of the order and the requirements of Maine Rules of Criminal Procedure, Davis wrote. As such, Kellett was in violation of bar rules.
Kellett is on vacation and not available for comment, according to Hancock County District Attorney Carletta Bassano. On Tuesday, Bassano declined to comment on the complaint.
Assistant Attorney General Ronald Lupton, who is representing Kellett, also declined to comment on the pending case. However, in the disciplinary petition, Lupton denied the accusations against his client and any misconduct on her part.