In a Court Order on Tuesday, Judge Joseph Latham awarded David
Perry, the only suspect in the disappearance and probable murder of his then
girlfriend Police cadet Kelly Rothwell in Florida, the seized assets
that law enforcement had taken from him in a raid of his house in March of 2012.
Perry has been indicted twice on Felony Grand Larceny charges in for faking an injury
in 2003 on the job while working as a corrections officer at the Elmira State
Prison Facility in Elmira, New York. The seizure of assets, including money, vehicles
and Perry’s Elmira home were part of the Fraud investigation into the Work Comp
injury.
In this newest and
inexplicable and baffling move by the NY Court system that has ignored
so much evidence clearly in front of them, Judge Joseph Latham, who signed
the search warrant for Perry's home in March, has awarded Perry and his
attorney John Scanlon the assets seized of Perry's including the $128, 00.00
cash found hidden in Perry's house, interest on that cash amount held by the
state, Perry’s vehicles as well as the house itself. This despite outstanding
felony Grand Larceny charges brought about by two counties; Broome and Steuben
in NY for Work Comp fraud stemming from an alleged 2003 work-related accident
that many allege never happened at Elmira Correctional Facility, where Perry
was a Corrections Officer at the time. At the time of his arrest in March of
this year, Perry failed to disclose the money when asked by the court if he had
any additional monetary assets.
.
Last July, Broome
County, Judge Smith allowed Perry to leave to go to Hawaii to marry Melissa Walker, a
woman he met on Craig's List supposedly months AFTER his then girlfriend Kelly
Rothwell went "missing " from their shared Florida condo in Indian
Rocks Beach, Florida, despite the fact that he is the ONLY suspect in her
disappearance and probable murder.
Additionally, and
as an aside, Perry took Melissa Walker’s surname of Walker as his own; changing
it and then on his return to New York, getting a New York driver's license in
the name of David Walker. Not so coincidentally perhaps is that Perry ALSO
obtained an Enhanced Driver’s License or EDL in the name of David Walker in February
of 2012, almost exactly 6 months after he married Melissa Walker and took her
name. Coincidentally it usually takes 6 months to actually get an EDL and/ or
an International driver’s license. According to DMV.ORG, EDLs are only accepted at land and sea border crossings, not for air
travel. The license contains radio-frequency micro chipping that uniquely
identifies you in CBP databases, (Custom Border Protection,) which should
promote a more expeditious cross. EDLs will be approved forms of
identification, in full compliance with the new WHTI (Western Hemisphere Travel
Initiative) security measures. Could Melissa Walker have
been an avenue by which Perry was able to obtain that license? Could that be the main reason he married her?
In late January/early February, Perry listed his house on the market; the SAME
house he used as collateral for bail, AND bought a brand new $25, 00.00 Honda
with CASH. Can you say Mexico? I wrote a blog outlining what I thought Perry
might do; in it I concluded that he must have been getting ready to take off to
Mexico …
In a sworn affidavit, Melissa Walker later told authorities that
Perry was getting ready to run off to Mexico. This statement comes from the woman
who married Perry just months after he met her on Craig’s List. Walker, a
National Guard Reservist, was conveniently stationed in Hawaii, where Perry has
always wanted to live, shortly after they met. Perry flew there to marry her
earlier this year. When Kelly went missing, Walker was questioned by police as
to her possible involvement or knowledge. She denied knowing anything about
Kelly’s disappearance and declared that she still loved Perry but would be
divorcing him, all the while still keeping in touch with him.
Yet there is still no divorce
decree that says she ever divorced him, despite her numerous protestations to
the contrary. Could she be a part of Kelly’s disappearance and the cover up? What
did she or does she know about it?
Now another New York judge, Acting Supreme Court Justice Hon.
Joseph Latham, has decided that Perry, who had $128,000.00 HIDDEN under a
dresser, money, which, by the way that he did NOT declare he had in his possession
when asked by the court, is allowed to have it all back because Steuben County
DA Brooks Baker didn’t present enough evidence, evidence he HAD in his possession,
to convince a judge that Perry obtained the money illegally by faking a Work Comp- related injury for which he
received over $340,000.00 in benefits and pension. Perry also receives Social
Security benefits due to the alleged injury as well.
According to the Order, the DA only used two of a potential 16
witnesses’ testimonies; Daniel Kalec, a Corrections Officer, who was in the
cell the night that Perry said he hurt his back on an inmate’s bed after a
struggle with the inmate, and CO Sgt. Andrew Pedalty, who lives near Perry’s
Elmira home. Pedalty saw Perry numerous times riding his bike, running and
kayaking, all the while claiming to have hurt his back in the 2003 “inmate
altercation”. There are also photos of Perry kite sailing and running in
Florida that were provided to the DA, but it is unknown if these were ever
presented as evidence. There were several other signed affidavits by other CO’s,
those who witnessed the altercation that Perry was never a part of but for some
reason, these were not presented as evidence. CO Craig Mosher is one that was never asked to
testify even though he was present and could have refuted Perry’s testimony to
Work Comp about the alleged injury that day in October 2003. Why?
During the September 5, 2012 hearing in front of Judge Latham on the
seizure of assets matter, Perry remained mute to every question, invoking his 5th
Amendment right to refuse to answer so he wouldn’t incriminate himself. Abject
of that, DA Baker had no real way to prove anything other than to present what
the judge’s order characterized as limited. Investigator Eric Hurd, who has
been on this case since the beginning, did not testify either, but provided
background information on Kalec’s statement. Why wasn’t he called to testify?
Is it possible that DA Baker is holding that both Hurd’s and other witnesses testimonies
for the criminal part of this investigation?
One would hope so… but he better do it quick. He is quickly losing
any momentum and the time is now to present what he’s got in the way of
evidence or Perry will once again get away with about a scratch.
There IS still the issue of the Assault charge that Perry has
pending from a fight with James Hargraves, an inmate at the Steuben County jail
that Perry put in the hospital with a head laceration; Steuben County is still
prosecuting him on that charge. But maybe the judge will just chalk THAT up to
good ole’ fashioned hijinks among prisoners and let that slide too…there is
absolutely NO telling what these New York judges will do from one day to the
next…
Kelly Rothwell, a St. Petersburg Police Academy police cadet,
one month from graduation, went missing the evening of Saturday, March 12, 2011
when she left a friend's house to go home to break up with Perry after a stormy
three year relationship. Perry has a documented history of domestic and child
abuse violence. Kelly, a dependable, steady class attendant at the
Academy, had never missed a day of classes. She has not been seen or heard from
since.
Perry, who has
been described by Rothwell to her family as domineering, controlling,
possessive, and abusive, is still the only suspect in her disappearance and
probable murder. He took off to New York the same day Rothwell came home to
break up with him. Downstairs neighbor Ken Williamson and his wife heard loud
thumping on their ceiling, followed by incessant vacuuming. Shortly after that,
Perry took off for New York, then left almost immediately after stopping in
Elmira and telling his daughter Britney and her husband who were living in his
Elmira home ‘not to listen to what people might say about me.” He was tracked
to Oklahoma, but from there no one knows where he went. He returned about three
days later. More on this in the next blog.
Judge Latham can be reached at:
Steuben
County Court and Family Court
3 East Pulteney Square
Bath, NY 14823
(607) 776-9631
Bath, NY 14823
(607) 776-9631
I swear, you can’t make this stuff up.
Meanwhile, Kelly Rothwell is still missing and Perry remains the
only suspect in her disappearance.
This article contains information that was obtained exclusively by me, is copyrighted and cannot be used or reproduced in any way without my express permission for it's reproduction unless/ and/ or/ is expressly attributed to Leigh Clifton and Tampa Bay Crime Report. Leigh Clifton © 2012
This article contains information that was obtained exclusively by me, is copyrighted and cannot be used or reproduced in any way without my express permission for it's reproduction unless/ and/ or/ is expressly attributed to Leigh Clifton and Tampa Bay Crime Report. Leigh Clifton © 2012