Maine Prosecutor being sued for Obstruction for hiding exculpatory evidence.

By Bill Trotter BANGOR, Maine — A judge has ruled in part against prosecutors who had sought to dismiss a lawsuit filed against them and others by a former Gouldsboro man who was tried twice, but ultimately acquitted, on charges that he raped his wife.

… her advice to police officers to not respond to subpoenas from Filler’s defense attorney seeking evidence violated bar rules, the judge noted, and is not protected through prosecutorial immunity. Had that same advice come from a private attorney instead of a prosecutor, Woodcock wrote, “there would be no plausible claim for immunity on the part of the private lawyer.”

Because Kellett improperly obstructed the discovery process by suppressing the existence of potentially exculpatory evidence from Filler and his attorney, Woodcock wrote, a six-year statute of limitations on Filler’s claims that his rights were violated does not apply to when the suppression occurred in May and December of 2008. The clock started ticking after Filler’s first trial in January 2009, when his and his attorney’s persistence brought the suppression to light, according to the judge.

The Rest of the Story.

The Court’s Decision.

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