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Wrongly Convicted Database Record
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Charge: |
Assault (Misdemeanor) |
Sentence: |
21 days |
Years Imprisoned: |
0.03 |
Year Crime: |
2007 |
Year Convicted: |
2011 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Maine |
County or Region of Crime: |
Hancock |
City of Crime: |
Ellsworth |
Result: |
Judicially Exonerated |
Summary of Case: |
"Vladek Filler was wrongly convicted in January 2009 of raping his wife in April 2007 in Ellsworth, Maine. He was also convicted of two unrelated misdemeanor assault charges for bruises on his wife's arms that she alleged he inflicted in 2005. The prosecution's key evidence was the alleged victim's testimony, which the jury relied on to convict Filler. Filler's lawyer made a motion for a new trial based on prejudicial comments by the prosecutor during closing arguments. The prosecution appealed and in 2010 the Maine Supreme Court affirmed the grant of a new trial. Filler was acquitted of the rape charge on May 27, 2011 after his retrial. However, Filler was convicted for a second time, of one of the misdemeanor assault charges, with the jury acquitting him of the other assault count. Filler was sentenced to serve 21 days in jail, and he began serving his sentence on October 17, 2012 at the Hancock County Jail. On April 24, 2015 Filler's assault conviction was overturned when his post-conviction petition was granted by Hancock County Judge Robert Murray. Filler's petition was unopposed by the Hancock County District Attorney's Office. Filler's petition was based on the prosecution's failure to provide Filler with a copy of a Washington County Sheriff’s Department police cruiser dashboard camera video of an April 24, 2007 interview with Filler’s then-wife. Prior to Fller's first trial his defense attorney at the time, Daniel Pileggi, requested a copy of the video from Assistant District Attorney Mary Kellett, who was prosecuting the case. The video, which Filler argued may have contained information that would have been helpful to his defense, later was destroyed without a copy ever being provided to him or his attorney. Kellett was sanctioned after Filler filed a complaint with the Maine Board of Overseers of the Bar that detailed her discovery violations and improper and prejudicial statements she made to the jury during his first trial. Kellett admitted violating the bar's ethical rules and she was required to undergo remediation training. As of May 2015 Filler has a pending federal civil rights lawsuit that includes Kellett as a defendant." |
Conviction Caused By: |
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Innocence Proved By: |
"On April 24, 2015 Filler's assault conviction was overturned when his post-conviction petition was granted by Hancock County Judge Robert Murray. Filler's petition was unopposed by the Hancock County District Attorney's Office. The petition was based on the prosecution's failure to disclose a police interview of his accuser -- his former wife -- that possibly contained favorable evidence." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
42 |
Age When Released: |
42 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Assault conviction vacated for former Maine man acquitted of raping wife, By Bill Trotter (BDN Staff), Bangor Daily News, May 16, 2015" |
Information Location 1: |
https://bangordailynews.com/2015/05/15/news/hancock/assault-conviction-vacated-for-former-maine-man-acquitted-of-raping-wife/ |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org