The flames of Rape Hysteria were further fanned by special interest groups who used this case and the baseless charges against Mr. Filler to try to increase their funding and change laws in Maine.

24th, 2007, Mr. Filler was granted interim relief with sole custody of his two sons.

For the next 1 ˝ years Asst. DA Mary Kellett blocked the release of Ligia Filler's statements to police, videos, medical and psychological records, and other evidence.

The criminal trial was held on January 12-15, 2009. The previously ordered discovery evidence was not provided by the Asst. DA Mary Kellett. It was ruled that evidence and testimony about Ligia Filler's past misconduct, allegations of abuse against other men, allegations she made against the father of her first child, numerous PFA's in current and past child custody battles, court orders limiting her contact with the children, and testimony about Ms. Filler's abuse of her husband, children, and others were not going to be allowed in the criminal trial.

Ms. Ligia Filler's motives for making outrageous allegations, her conduct, her lack of credibility, and her long history were all kept away from the eyes and ears of the jury.

During cross examination by the defense attorney, the accuser, Ms. Ligia Filler could not remember most of her statements to the police, and denied being caught on a police video tape telling her friend in private that she was "fighting for the children" and while receiving advise to cry more to be more believable. 

Ms. Ligia Filler could not explain how the allegations she made to police were physically possible or why she refused a medical examination.  The Asst. DA Mary Kellett objected to virtually every other question.  Each objection was very disruptive because it stopped the questioning of witnesses and a side bar conference with the judge was called.

Most of the allegations and charges were ruled to have occurred on unknown dates.  When defense presented witnesses and evidence showing that the dates and times described were impossible, the prosecutor suggested that the dates in the charges were neither accurate nor important.

The family's doctor testified that she examined Ms. Filler and there were no external or internal signs which would have been typical had she suffered the kind of abuse she was alleging.

The Fillers' 12 year old son testified to being present on some of the dates of the alleged offenses and has never seen his father be violent, but has seen his mother abuse his father.

While the jury was out of the courtroom, Asst. DA Mary Kellett joked and laughed with people about Mr. Filler "running to call his mommy when [Ligia Filler] punched him in the face." Mr. Filler and his mother were sitting only feet away at the time. Some of these individuals with whom Mary Kellett was joking were also making racist remarks about Mr. Filler and his sons, in particular, how all people of his nationality abuse women, and how his sons would be raised the same way by Mr. Filler.

During the trial and closing arguments, the defense pointed out that the State, with all its power and unlimited resources, found no evidence to support Ms. Filler's physically impossible accusations.  That the facts, the evidence, and the testimony presented directly contradicts Ms. Filler's allegations.

Asst. DA Mary Kellett advised the jury that the defense failed to prove that Mr. Filler did not commit the acts he was accused of. Those statements made directly to the jury stood the US Constitution and the burden of proof on its head.  Rather than proving guilt beyond a reasonable doubt, the State of Maine placed the burden upon Mr. Filler to prove his innocence.

Asst. DA Mary Kellett  told the jury that the State did not have the time or the money for forensic or medical investigations, but that statistics indicate that Mr. Filler likely raped his wife.

Asst. DA Mary Kellett went on to suggest to the jury that Ligia Filler had no motive to lie, and asked the jury “Custody dispute? Where is that?” and questioned the existence of any evidence of a custody battle for the children.  This was direct deception of the jury since the evidence of Ligia Filler's outrageous conduct and court abuse in past and current custody battles was not allowed in Mr. Filler’s trial.

Mary Kellett made prejudicious assertions and allegations against Mr. Filler for which absolutely no evidence was presented, and urged the jury to find him guilty on all counts.

The Defense attorney motioned a number of times for a mistrial due to prosecutorial misconduct and misstatements by Asst. DA Mary Kellett.

The jury convicted Mr. Filler on 2 counts of assault and 1 count of Gross Sexual Assault for allegedly: splashing water on his wife 3 years ago, sexually assaulting her 2 years ago, and pushing her on a chair 2 years ago.