Document 6607535

BOARD OF OVERSEERS OF THE BAR
Established bv the Maine Supreme Judicial Court
97 WinthroP Street'P O Box 527
Auzusta. M804332-052'l
Phone 201 -623-1121' F ax 207 -623'411 5
Email: [email protected]' Web: wwwmebaroverseers'org
Grievance Information and Instructions
-
Please Read
Carefully
The office of the Board of Overseers of the Bar investigates allegations of ethical misconduct against attorneys. If you
believe that an attomey has acted in an unethical manner or otherwise acted improperly, please fill out, as completely as
possible, the grievance form below and retum it to the Board's office. Be sure to include copies of any documents,
agreements, or other papers that are relevant and material to your complaint. The office of Bar Counsel
"onespondence,
will
rwiew your grievance complaint to determine whether the conduct you describe, if proven true, would violate any
ethical rules. pleise be aware that a copy of this complaint, and any attachments, will be provided to the attorney against
whom it is filed.
The Board does not provide copies of the Maine Rules of Professional Conduct or the Maine Bar Rules. You may
download those rUles on the Board's website at: http://wu'w.rnebaroverseers.org.
Attorney Grievance Complaint Form
Part
A:
Complainant Information
Your
Middle
Name:
Initial
? r) 'i3c>r .t l\3
Your
DHo^,
,,Nw*t,
Addrcss:
CI cen
'tt?S
-Citv
'
rJ
Slate
dt;tf kt
ZiP
infeT ' Y V ,t'tr"i 're Lern
Email Address
Last 4 Digits
Date of Birth
Gender.:E Male
D
ofSSN
()
()
Alternative contact:
Phone
Part
B:
()
Other telephone number(s) and
times you can be reached:
Name
Female
()
()
Respondent Information
Attorney
Name:
S".tt Sfrtef
Afiorney
Address;
''El'fitiit
+t,
M.o.ilingAddress
citv
..
tt
t:i ba{
tLt,ne
state
zip
Phone (
)
Email Address
Note: Gieyance complaints moy not be brought in the name
oJ a
ltwfirm.
You must specifically name the ottorney about whom you are
complaining. A separate grievance Jbrm must be completed for each such attorney-
GCF-Paselof3
Part C: Please answer the following questions:
1.
ln regards to this complaint, you
I
Client*
fl Opposing
Party
are the:
3 Opposing
Attorney O Judicial OfficerrK'Other
*please understand that if the complaiflont attorney is (or was) your personal attorney, the Maine Rules of Professional Cortduct provide that
who will then be authorized
fiting this complaint, you will hereby expressly wah,e yow" attorney-client pivilege cancerning that attorney,
and allowed to reveal to the Board of Overseers ofthe Bar any infotmation deemed relevantfrom that representation.by
2.
Have you or a m€mber of your family submitted a complaint about this attomey before?
Ifyes, please state when and the outcome afyour complaint.
tr Yes ffNo
3.
Have you filed a complaint or legal action about this matter anywhere else?
O Yes
Ifyes, please state'rrhere, the docket number and the status or outcome.
4.
Have you read the Board's pamphlet titled The Grievance Process: Rules and Steps to
Follow in the Grievance Process?
5.
Does your complaint also involve a fee dispute with your attorney?
Ifyes, yau should complete a Petitionfor Arbiaation oJ'Fee Dispute. The petition may befound on lhe Board's
website at
ht tp
:
//wwu,.
rn
,F*o
Yes tr No
D Yes
FNo
ehar ov ers e ers. arg.
Please check one of the following:
6.
tr
tr
The respondent attorney was hired to represent me.
The respondent attomey was appointed to represent me.
lhe respondent attomey was hired to represent someone else.
tr
F-other.
7.
8.
Your
Please erplain.
laint concems what kind of legal matter,
, reql estate, criminal, etc.?
rE
krfioy1
If your grievance involves a lawsuit, please answer the following, if known:
a. Name of court and title of suit.
b. Docket munber and date suit was filed.
is your connection to if?
c. If you are not a partY to this sui
Please provide copies ofrelevant court
g.
Do you believe that the respondent attomey has an impairment such as depression,
abuse or age related issues?
substance
fl Yes I
No
Ifyes, please provide specifics regarding vour personal observations of the attorney's behavior.
10.
Are you currently represented by the attomey you are complaining about?
o yes,-d$o
11.
Have you obtained a new attoruey for the same legal matter?
D Yesr,kS{o
lZ.
Ifyes, please provide the name, address and phone number oJ'that attorney as well as whether that new attarney
knows oJ'your inteil b rtle this complaint.
prior to filing this complaint you have [J have noy'f^di.ru.sed your concerns with the attomey'
GCF-Page2of3
/-
Part
D: Information
about your grievance complaint:
state in detail and in chronological order the circumstances involved. Include
dates or approximate dates
necessary' Attach additional sheets ofpaper if you do not have enough
room to fully exiiain your grievance.
Please do not send original documents.
if
PLEASE PRINT LEGIBLY
Prior to submitting your complaint, fk",
Please do not send ofiginal documents; the Board cannot be rc$oisible
I affirm and certify that all of my statements and claims in this
acknowledge that a copy of this complaint, and any
nut",
/el / 4gA
/l
MM DD
for theit
sofe hecping end return to yorL
are frue a
provided
. I understand and
affomey against whom it is filed.
YYYY
GCF-Page3of3
5/20t3
Hor.IEsrAs
Brian Danielson
Integrity4Maine
P.O. Box 2113
Bangor, Maine 04402
207-385-1235
November 21st,2014
Scott Davis
Board of Overseer$ of the Bar
97 WinthroP Street
P. O. Box 527
Augusta, Maine 04332-0527
Mr. Davis,
which wa$ reIt would appear that during my initiat investigation, a key piece of evidence was overlook€d,
cenily brought to my atteniion. I am therefoie requesting to amend my initial grievance complaint against
Carletta Baisano anC Witliam Entwisle, to now include Mary N. Kelleft for the following reasons:
1.
ln the case State v. Brown in which Judge Mitchell sanctioned William Entwisle $300.00 for failure to
tum over discovery pursuanl to Rule 16(b), Mary N. Kellett was the prosecutor on record for this
provide the
case. Defense counsetrequested by letter, on August 21",2014, that Mary N. Kellett
additional discovery.
On July 16m, 2013, Mary N. Kellett received a sanction from the Maine Supreme Court in which Justice Ellen Gorman had stated :
Accordingly, it is hereby ORDERED as follows:
l.
2-
3.
3.
4.
MARy N. KELLETT, ESQ. is hereby
suspended from the practice
of law in thc State of Maine for a
period of THIRTY DAYS;
The actual THIRTY DAY period of suspension is hereby suspended for a period of not less than SIX
MONTHS, nor more than ONE YEAR on condition that ADA Kellett completes SIX HOURS of
continuing legal education (CLE). At least one hour ofthis education must concern prosecutorial
ethical or-prolessional responsibility issue, and the remaining hours must concern opening
statementi, closing arguments, and discovery. All of the hours shall be pre-approved by Bar Counsel12(aXl),
These hours shall be in addition to the annual CLE credit hours required by Maine Bar Rule
and
alone;
Kellett
ADA
by
must
be
bome
hours
Any cost associated with these additional CLE credit
the
additional
has
completed
Kellett
ADA
that
Bar
by
Counsel
Court
to
t}re
Upon certification
shall
required CLE, ths period ofsuspension, and underlying suspension from the practice oflaw,
terminate without further order of the Court.
Mary N. Kellett was indeed still in her 6 month probationary period ordered by the Maine Supreme
Cor.irt wnen she failed to comply with court ordered discovery in the State v. Brown case'
flagrant violation
It is on record that Carletta Basiano defended Mary Kelleft's failure to comply with
burof discovery requests for crucial evidence in the case by stating it_was "overfy broad and unduly
lspeculative
Kellett
and
for
excuses
rejec{ed
Bassano's
Court
and boundless." The
densome,, and
felt compelled to sanctioned the DA office and dismiss allcharges.
5.
lt is reasonable to conclude that Carletta Bassano, then instructed William Entwisle to take over the
case to protect Mary N. Kellett from violating the conditions of her court ordered suspension.
6.
As a prosecutor, William Entwisle has a duty to not only notify Bar Counsel of ethical and professional violations, but to rectify the violations before putting in an appearance on behalf of the State
under his qwn ethical and professional obligations.
7.
District Attorney Carletta Bassano has a duty and obligation to train, reprimand, demote, suspend, or
fire prosecutors under her supervision who engage in repeated discovery and court order violations,
yet she has not done so in light of flagrant and repeated misconduct by prosecutor Mary Kellett.
8. DA Bassano has ignored such misconduct despite Board of Overseers and Court rulings, Keffett's
own admissions, and later Judge Mitchell $300 fine for ADA Kellett's continued discovery violations.
9. Contrary to DA Bassanos recollection to AGG Fisher that only 3 bar complaints were filed against
her office since 1985, a Google search shows that at least 5 different Bar complaints have been filed
against the prosecutors in that office just during DA Bassano's very short 4 year administration. (See
Vladek Filler, Marc Stevens, SAVE, NCFM, lntegrity4Maine).
10. DA Carletta Bassano has not accepted responsibility for her subordinate's violation of rules, has not
held her subordinates responsible for their admitted misconduct, and has not conected problems after at least 5 public bar complaints filed against her office during the past 4 years alone (where serious discovery violations are a common theme).
11. When prosecutors repeatedly violate discovery rules and court orders and are allowed to do so by
their supervisor, it constitutes an unfair tactic that can and does result in unfair convictions (see State
vs. Filler, Board vs. Kellett). lnstead, it is as if DA Carletta Bassano's office maintained a culture
where she and her subordinates could live in an alternate universe devoid of all responsibility or accountability for their actions.
12. DA Bassano ignored numerous Court findings against Kellett in the Filler case, ignored Kellett's testimony that she would do nothing different in the future, and ignored the Decision by the Board of
Overseers Panel A which explicitly cited Kellett's supervisor for allowing her misconduct.
13. Maine Supreme Court Judge Ellen Gorman stated at the July 15, 2013 hearing, in the presence of
DA Bassano, that the sanctions against Kellett were so serious that "Should [Kellett] decide or be
asked to leave the prosecutor's office, it would hamper, if not completely preclude, her ability to ftnd
practice outside of a prosecutor's office."'
14, Even the suggestion by a Law Court Judge that Kellett may not be viewed suitable for employment
outside DA Bassano's office did not move Bassano to reconsider her office's failures. Instead, Bassano told newspapers she had full confidence in Kellett's judgment and was only happy to put the
serious sanctions behind them and move on.
15. These same type of discovery violations repeated themselves again and again following the sanctions in Board vs. Kellett and State v5. Brown.
16. ln Connick v. Thompson the US Supreme Court Justice Ginsburg stated that such prosecutorial misconduct'was a foreseeable consequence of lax training." The DA has a duty and obligation to take
proper actions in order to protect the public and the administration of justice.
17. There is clearly a serious problem with prosecutor Mary Kellett's flagrant and repeated disregard for
discovery obligations and for DA Carletta Bassano's supervisory oversight obligations that needs be
addressed by this Board (see Board v. Wanen, 2011).
Jay Fields, A7n5/20I3, "Hancock County Prosecutor Admits Wrongdoing, Gets
30-Day Suspension".
t. MPBN Radio,
Integrity4Maine
P.O. Box 2113
Bangor, Maine 04402
Ilttp ://www.integrity4maine.com
7
:J!,:.'.: the exacl cutture of indifference to pro
and washington countie.s
h"";;u;;;"r;1;::"'t"rial miscondu"t
the taw and iake swift action
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nrosecutors are ailowed to continue
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costly court actions
*;;;#;;;€lgage
,
majorty of
voters in Hancock
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rignt s;d;or
in such misconduct
and emproy unfair tactics
the re-
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trc and administration
orJusttce.
ry":"itlf'
to Attorney Marvin Glazier's
response witt fofrow
and be received by your
office by November
Brian Danielson
lntegrity4Maine
P.Q. Box 2113
Bangor, Maine 04402
207-385_1235
Integrity4Maine
p.O. Box
2113
Bangor, Maine A4fi2
If ff p ://www.i ntegri ty4m
ain
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