Thursday, April 14, 2011

When Winning is More Important than Seeking the Truth Male Victims and Children Suffer


I believe that most people hearing the recording of the ex Mrs. Filler’s rants in Part 1 of this blog entry would say that it speaks volumes about her mental state, as well as her credibility and character.  She has a colorful vocabulary and appears to have no fear of authority or anyone else for that matter.  Apparently ADA Kellett, who continues to prosecute Vladek on the charges of rape and assault of his wife, is not like most people. 

After his arrest Vlaked was released from jail on $50,000 surety bond pending trial.  At the criminal trial in 2009 Vladek’s defense was premised on the theory that his wife fabricated or exaggerated her allegations against him to gain advantage in an anticipated custody case involving their minor children.  After all, her fabricating allegations is certainly not a far leap for anyone to jump, especially when you factor in her volatile and manic run in with the police that day in April.  However, Vladek was not allowed to present this defense at the criminal trial.  Yet ADA Kellet still used this defense to mock him at trial. 

Even with no physical or forensic evidence to support the gross sexual assault charges (the ex Mrs. Filler refused to allow a doctor to do a rape kit and no evidence DNA or other evidence of sexual assault was found in the laundry room where she said the rape occurred) Valdek was found guilty on one counts of the gross sexual assault and two counts of assault that he was charged.  

According to someone who claims to have been on the jury at Vladek’s criminal trial the jury wanted to hang Vladek on all the charges, however, their hands were tied because the law requires that a person be in fear or fear of suffering bodily harm.   The ex Mrs. Filler, when asked during an interview and on the witness stand if she feared her husband, testified that she had no fear of him or of suffering imminent bodily harm by him.  

This alleged juror’s comment is both illuminating and perplexing.  The topic of fear in domestic violence situations is of great interest given that the “fear factor” has been a huge stumbling block for male victims of female perpetrated intimate violence.  Lack of showing or admitting fear is one of the main reasons that men are disbelieved by the police, the courts and others when they report being victims. So why is it that a woman who shows no fear is found credible enough to get a man charged with gross sexual assault and domestic assault?      

After the guilty verdict Vladek “moved for a judgment of acquittal, arguing that there was insufficient evidence to support his convictions. In the alternative, he moved for a new trial based on prosecutorial misconduct and the court's error in excluding from evidence the protection from abuse complaints and the divorce complaint, initiated by his wife.  The court granted Filler's motion for a new trial on the basis that the prosecutor's rebuttal argument referenced the absence of evidence indicating a child custody dispute among the parties.” (Excerpted from the decision of appeal court in Sept. 2010 State v Vladek Filler)

In December 2009 a wise judge presiding over the Filler divorce trial saw through the ex Mrs. Fillers manipulations and falsehoods.  After hearing the evidence, including but not limited to the police audio and the testimony of one of the children who stated that his mother terrorized and hit everyone in the house, the judge awarded primary residence of the children to Vladek.  The court determined that doing so was necessary for the protection of the children.   The judge also made note of the fact that Mrs. Filler had a penchant for manufacturing claims.  

I met with Vladek a few years ago to discuss his case.  He was deeply concerned for his children and visibly distraught and frustrated by the jury’s decision.  I also attended the appeal hearing last year in support of him along with his sister Tatyanna. As I listened to the judges questions and ADA Kellett’s responses I became optimistic about the outcome.  Some of ADA Kellett’s responses seemed to be evasive and Charlie Sheen-ess….duh winning! :-)  As I watched ADA Kellett represent herself at the appeal I thought of the old adage, “a lawyer who represents themselves has a fool for a client.”     

There are so many red flags and holes in the criminal case against Vladek Filler that one would have to be sight impaired not to see them.  SAVE Services has called for ADA Kellett to be disbarred and for the case against Vladek to be dismissed.  You can read more about Vladek’s case at SAVE’s website.  

If you are able please consider making a contribution to the Filler Fund here. I know that Vladek, his children and his extended family would greatly appreciate any financial assistance you can offer.