David Perry, the only suspect in Kelly Rothwell's disappearance and probable homicide has been indicted by a Broome County Grand Jury on Grand Larceny and Fraud charges. These charges stem from an Oct 2003 incident in which Perry claimed he was injured at the Elmira Correctional facility stemming from an inmate-related fight at the prison. As the news of a "RED DOT" came across the prison radio, Perry reportedly turned to his fellow CO's (Corrections Officers) and said words to the effect: 'That's my ticket boys, I'm outta here and I won't be coming back."
Perry then retained Elmira lawyer Thomas Reilly,who represented him in a Work-Comp related claim against the State of New York Insurance Fund. He successfully defended Perry's claim and extended it to include Federal Social Security, which Perry also received and continues to do so as of this writing.
Perry, 47, who has been a suspect in his then-girlfriend Kelly Rothwell's disappearance in March, has continuously taunted and ridiculed family and supporters of Kelly Rothwell on Facebook since her disappearance, writing heinous and horrendous things about Kelly, her family and her friends. Perry even went so far as to accuse Kelly's friend Donna Scharrett of harming her, a charge that is both false and unimaginable
Now Perry has a new girlfriend, Melissa Walker, who is an Army Specialist at Tripler Army Medical Center in Hawaii. Walker,who is in psychiatry, has apparently been warned about Perry's past, which includes multiple domestic violence and abuse issues and has decided to ignore the warnings from local Florida law enforcement.
What is very strange is that Perry, who met Walker on a Craig''s List ad, seems to have overlapped his women; it seems that Perry was already involved with Walker when Kelly Rothwell drove home from lunch with her girlfriend Donna Scharrett to break up with Perry. Two weeks before Kelly drove home to her Indian Rocks Beach condo for the last time, Perry had already told people at his gym that he was "moving to Hawaii"....Rothwell was just getting ready to graduate from the St. Pete Police Academy and had NO plans to move anywhere. In fact, she had two local interviews lined up with police departments the week after she went "missing."
Could this be a motive for Perry to murder Kelly Rothwell? Could jealousy have been the motive? Did Perry sense that Kelly was ready to move on from him, that she was tired of his constant stalking, controlling behavior? Could Melissa Walker be the key? Did she tell him that it was either her or Kelly? What does she know?
Or did David Perry just not want to take NO for an answer? A bully, used to getting his own way, striking down anyone who got in his way, Perry has a known history of violence, O.C.D. and narcissism.
Now Perry at least has to face a jury about his fake claims of injuries, injuries he says he sustained during an inmate violence related incident in 2003. But Perry has been seen, indeed PHOTOGRAPHED enjoying kite sailing kayaking, biking and hiking, ALL activities that should be prohibitive with his type of claimed injuries.
Said Kelly's mother Nancy Rothwell of David Perry's indictment, " At least he'll pay for some of the many things he's done wrong, including hurting my beautiful daughter. He's done so many other things wrong to so many people that it's time he pays for at least some of them. If we never find Kelly, at least we know that he'll pay for some of the hurt he's caused in this world."
Who knows where this will lead. One thing is for certain.
Kelly Rothwell is STILL missing and her family needs justice. They need to bring their daughter and sister home.
This Blog is Dedicated to Kelly Rothwell, ~~~who is still missing~~~
Monday, October 17, 2011
What to Expect from A Grand Jury Indictment
If the Grand Jury last Thursday voted to indict David Perry on fraud and Grand Larceny
charges, there will be procedures that will be followed. A lot of people are asking what's next so here is some information about the procedures that will be followed:
Most people know what happens during a criminal trial, but very few understand what happens during grand jury indictment proceedings. The purpose of a grand jury is to decide whether or not to indict a suspect for the charges that the prosecution wants to bring.
Grand juries are "secret" proceedings during which witnesses can give testimony without the presence of the suspect or his defense attorney. It is more informal than a trial, and witnesses are allowed to tell "stories" or give long explanations rather than simply answering the prosecutor's questions.
First, the prosecutor will give an opening statement to the grand jury and give reasons why he or she feels there is sufficient evidence to indict. The grand jury will be given a "bill", which details the charges against the suspect, and will explain any extenuating circumstances that give him or her reason to request an indictment.
Usually, prosecutors present only the minimum amount of evidence to secure an indictment. Since the defense attorney will have access to the grand jury transcript after an indictment has been returned, the prosecutor will not want to show his or her "full hand" until a trial date has been set. In most cases, evidence presented before a grand jury consists of testimony from witnesses and, in some cases, expert witnesses.
Before the grand jury indictment proceedings begin, the prosecutor will have notified all witnesses who must appear. Witnesses who fear that they might be under investigation have the right to refuse any questions the prosecutor asks. However, most prosecutors are smart enough to call only witnesses who can truly help their cause for indictment.
Although the suspect and his or her defense attorney will not be present while the prosecutor delivers evidence, he or she can claim the right to testify in front of the grand jury. This is usually not favorable for the defense, but if they believe that the suspect can inspire sympathy from the grand jury, they may decide that it is a viable option.
The suspect will give his or her account of what happened leading up to the crime, and will give reasons why he or she should not be indicted. The defense attorney is not allowed in the grand jury during this testimony, but the suspect can leave the grand jury room at any time to request the counsel of an attorney. Once the testimony has been given, the prosecutor can cross-examine the suspect to try and refute his or her statements.
The grand jury is given as much time as they need to indict, and when they have concluded their discussion, they will return a "true bill" or a "no-bill". A true bill means that the grand jury has recommended indictment, while a no-bill means that they do not feel that there is sufficient evidence to indict. (Reprinted with credit to Steve Thompson, Associated Content/Yahoo)
In the United States, a federal indictment is written statement formally accusing a person of a crime. This is usually handed down by a grand jury after they have reviewed evidence and decided that there is sufficient to try a person for the crime. After a federal indictment, the accused person is arrested and detained, unless he can pay his set bail. He will then plead not guilty or guilty. In the case of a not guilty plea, the case will usually proceed to trial.
After a federal indictment, if an accused person has not already been detained, law enforcement officials will attempt to locate and arrest him. In many cases, an arrest warrant will be issued. This is a document officially stating that police officers can and will arrest him. When the accused has been arrested, he may then go before a judge for a bail hearing.
During the bail hearing, a judge will look at the details of the case and determine whether the accused is a serious flight risk. In cases involving particularly violent crimes or repeat offenders, the accused may be denied bail. Other times, the judge will set an amount that the accused must pay to get out of jail, known as a bail amount.
The next step after a federal indictment and bail hearing is usually a preliminary hearing known as an arraignment, or a post federal indictment arraignment. This is a short hearing in which the defendant is formally read the details concerning the crimes of which he is accused. He is then given a chance to plead guilty or not guilty.
A person may choose to plead guilty because of an overwhelming amount of evidence against him. Sometimes, federal prosecutors may also offer him a plea bargain, or plea agreement. With a plea agreement, prosecutors typically offer to charge the defendant with a lesser crime or impose a lighter sentence in exchange for him pleading guilty.
Defendants who choose to plead not guilty will typically go through a criminal trial. During this trial, prosecutors will present the evidence against the defendant, including any eyewitness and forensic evidence. A defendant's attorneys will also be allowed to state their case, presenting evidence in defense of the accused.
When both parties have presented all of their evidence, a jury will then deliberate before making a decision whether the defendant is guilty. If found guilty, a judge will then decide on a sentence. This can include stiff fines, along with incarceration. Defendants who have been found not guilty are free to leave.
Reprinted with credit to:
Written By: Christina Edwards
Edited By: W. Everett from Wise Geek ©
Subscribe to: Posts (Atom)