

KELVIN KINGSBURY PURDY

Book cover, design, layout and type

Completed by Kelvin Kingsbury Purdy

Day 3196 (September 11, 2012)

Revised Edition Day 3529 (August 10, 2013)

A good cover picture of DNA (deoxyribonucleic acid):

2008 Encarta Encyclopedia, Ken Eward/Photo Researchers, Inc.

In memory of

Dennis (Denise) Adalgisa Liranzo Marte Purdy

1973/02/19 to 2003/12/12

and dedicated to our daughters

Stephanie and Kimberly,

and my daughter Amanda,

and grandchildren Lily and Liam.
Published by Kingsbury Press

SMASHWORDS EDITION

Overlooked, eBook ISBN 978 0 9781839 6 7

www.SmashWords.com

Copyright 2013 Kelvin Kingsbury Purdy

Copyright ©2013

No part of this publication may be

reproduced, stored in a retrieval system or

transmitted, in any form or by any means,

without the prior written consent of the

publisher and author.

REVISED DIARY EDITION

Provocative Non Fiction Memoir Volume II
CONTENTS:

FORWORD TO THE REVISED EDITION

ACKNOWLEDGEMENTS

OVERLOOKED by Kelvin Kingsbury Purdy
APPENDIX I: DNA TESTING FOR ELIMINATION

APPENDIX II: DNA (Deoxyribonucleic Acid) SCAVENGER HUNT

APPENDIX III: DNA SUSPECT SCAVENGER HUNTS FULL LIST

APPENDIX IV: DNA PRIORITY LIST FOR PRIVATE INVESTIGATOR

APPENDIX V: CHIEF JUSTICE NOTICE

APPENDIX VI: Court of Appeal File No.: CA033639

APPENDIX VII: Form A, Ineffective Assistance of Trial Counsel

APPENDIX VIII: Notice of Application to Stay Proceedings for Abuse of Process and for Unreasonable Delay (Charter, ss. 11 (b); 24 (1)), Court of Appeal File No.: CA033639

APPENDIX IX: FILE: 34391, IN THE SUPREME COURT OF CANADA, NOTICE OF APPLICATION FOR LEAVE TO APPEAL, (Code, ss. 691(1)(b), (2)(c); 692(1), (2), (3)(b)), BAN ON PUBLICATION
APPENDIX X: A good map of Vancouver Island, British Columbia from Microsoft Encarta Premium DVD 2008

APPENDIX XI: I support donations for the following organizations

APPENDIX XII: Plea for translations of English eBook

APPENDIX XIII: ABOUT THE AUTHOR

APPENDIX XIV: Interviewed by: The Pacific Book and Critics Club at Pacific Institution

APPENDIX XV: Credits, Title(s) of publication(s) & ISBN's
FORWORD TO THE REVISED EDITION

I thank the many staff, family, friends, inmates, reviewers and volunteers for their cordial reception of the first edition. I hope that this edition, with its Appendix, will be welcome. In preparing this revised edition, I acknowledge the generous help of all the comments, 'kites' (notes), phone calls and letters sent my way.

Notice: I have taken all steps to ensure that every aspect of my story is one hundred percent true, and that any misrepresentation was unintentional. This is why I have enclosed copies of photographic evidence, newspaper articles, letters, emails, portions of transcripts and motions that were and are before the courts as proof of my innocence, all based on verifiable facts. If there is an error(s), please forgive me with ocean like generosity, and I will try my best to correct any error(s) in future editions.
ACKNOWLEDGEMENTS

I acknowledge with gratitude all the help I have received from all my family and all my friends inside and out. Especially Carol Johnson, Ed Griffin author of five books including Dystopia and Once a Priest and founder of the Ed Griffin Educational Bursary and Surrey International Writers' Conference and recipient of 2012 Surrey Civic Treasures. Thank you at school for the critiques, and all those with the Pacific Creative Writing Group, and of course the Pacific Book and Critics Club who made valuable suggestions after reading.

Thank you Peter Warren, Investigative Journalism and Broadcaster. www.peterwarren.ca and his patient wife Gabrielle who in their own painful struggles took on my case with the constant media interviews, talks, research, endless birthday and Christmas cards that they sent my way.

A warm thank you and hugs for all the volunteer visitors especially those involved with the M2/W2 Association, your support during these dark times is encouraging, plus all other chapel and community visitors and nursing staff that expressed an interest in my well being.

Especially I would like to thank all the different faith chaplains especially Catholic Father Joe Ostopowich, Protestant Chaplain Helen Tervo, Lama Zopa Rinpoche, Buddhist Venerable Anila Ann McNeil, Buddhist Sister Jessie Venerable Sik Yin Kit, Kate Hansen our Wiccan Priestess, Mother Bear and all four legged people, two legged people with wings and those with gills.

Thank you for my family Dean Purdy, Helen Purdy, Jennifer Purdy, Laura Purdy, Elizabeth Purdy, Anna Barton, Gail Purdy, Amanda Schmitz, Leona Whiting, Wayne Whiting, Cathy Tait, Duncan Tait, Aina Baron (Stumbling along on the trail of the past ISBN 978 0 9917131 0 3), Michael Baron, Kryssta Mills, Olivia Thorburn, Darcy Healey, and all the others who took the time to write me letters and sent postcards, photos and cards, all that brought colour, sparkle and light to these dreary almond walls. All deserve my sincerest thanks, and they have it.

Thank you for everyone in looking out for all my children: Kimberly, Stephanie and Amanda and my Grand children Lily and Liam when I was not able to. It means the world to me.

A thank you for all neutral media especially Nora Azouz with L'Express du Pacifique, and for Enza Uda with CBC Vancouver, Alexandra Minzlaff with UBC School of Journalism and AIDWYC (Association in Defence of the Wrongfully Convicted).

And any others who took the time and did proper research on the facts; with personal interviews and neutral articles on my case; where the public could make up their own minds and see the letters of scientific DNA exclusion; that the unjust courts refused to look at and accept as new evidence to re open this baffling case.

For all the visits, cards, photos, letters and money (the little that trickles this way) that are keeping me sane, or as close to it as I will get, and for spreading my story worldwide, thank you.

I have lived by many quotes scattered throughout and at the end of this book since day one of my incarceration on December 12, 2003:

"First they ignore you,

then they laugh at you,

then they fight you,

then you win."

~ Mahatma Gandhi

"Learning you are never given a wish without

also being given the power to make it come true,

you may have to work for it however;

with the supreme art of concentration,

anything can be achieved."

~ Kelvin Kingsbury Purdy (Lord Cuckoo)

OVERLOOKED

Kelvin Kingsbury Purdy

If DNA does not lie,

how can you be scientifically excluded and remain convicted in Canada?

"Don't hurt my daddy!!! Don't hurt my daddy!!!" That was the last memory of my two youngest children, their terrified screams piercing the chilly morning air, right across the winter's ice glazed Cowichan General Hospital parking lot in Duncan, British Columbia, Canada.

A final fleeting glance, the round watery eyes of my nine year old Stephanie and three year old Kimberly (I always spelled her name Kimberley), both sticking their heads out of the back windows of the blue Ford Explorer.

Their horrified and alarmed cries were repeated over and over as the RCMP rushed, handcuffed, pushed and then slammed me into the back of the cruiser without reading me my rights or telling me why.

"Get this piece of shit out of here," the officer remarked.

All I could feel between the plastic seats the hard gritty sand between my hands pinned under my legs against the biting cold handcuffs.

It was 9:00 a.m. December 12, 2003; I caught my first whiff inside this police car, old urine and cigarettes, my head and wrists pinned behind started to hurt badly.

Why are they arresting me?

All I wanted was to talk to Denise, my ex wife and clear this mess up.

I was in turmoil.

It was incredulous, unbelievable, as it still did not register with me that she had passed away.

I saw my clean shaven angular reflection in the window, my eyes were again changing colour with my mood – dark brown to green to brown flecked hazel and back to dark brown.

The car started and leapt ahead, jostling me inside this cold metal cage. With the scenery flashing by, it gave me a moment's pause to reflect on the last twenty four hours.

Backtracking to yesterday when it was December 11, 2003, another equally freezing ice cold winter morning, the day began as a perfectly ordinary one.

I slid out of bed at 6:00 a.m., Nathan was not yet awake but I knew he would be soon. Being careful and not to wake anyone, slipping quietly out of the room wearing just my blue pyjama bottoms, I poked my head into my two daughters shared bedroom beside ours, both beds were empty but that would change tonight.

My heart started pounding a little more. Today I am excited. I get to pick up my two youngest kids for this special weekend. Buy a Christmas tree, set it up and a trip to Victoria, our first hotel experience on Saturday as a new family and maybe the water park slides and wave pool, along with our Christmas shopping spree that we have been saving up for these past few weeks.

Silently I traversed down the dark hallway to the kitchen, soft beige carpet under my feet, a little skip to my strides, over to the other side of our spacious two bedroom apartment and without turning on the lights, took out of the fridge, a pre made bottle of milk. I warmed it up in the microwave and started to plan our day in my head.

Tailor, laundry, day care, hour drive to Nanaimo, shopping at COSTCO and Woodgrove Mall, new car shopping, car advertisements for my Saturn SC2 Coupe and Jennifer's Explorer, pick up my two girls, get pizza for the hour ride back home to Duncan, pick up Nathan, supper and a good night sleep, as we were planning a Victoria weekend until Sunday.

"Beep, beep" the microwave chirped, warmed milk in hand I hurried back down the hallway and gave it to my step son Nathan. He was my new fiancées Jennifer Whyte's son from an earlier relationship. He was the son I never had.

Nathan was two and was just now waking up; every morning was the same routine. He may have heard the microwave beeping, but either way, he always is awake by 6:00 a.m. and I take care of him. Some say it's the terrible two's, I think of it as the early exploratory and curious years.

He eagerly snatched the bottle from my hands and eyed me while I started checking him, yep his diaper was wet. I changed him. Nearing the end of the bottle, with a clean diaper he closed his eyes and appeared to go back to sleep, I smiled.

I remember staying at Jennifer's parents place some nights and her mom Patricia Whyte will sometimes help with changing Nathan's diaper and giving him a bottle, first thing in the mornings. We both tend to be up around the same time and I would see her off to her job at Subway. Myself, once I am up, I can not go back to bed and sleep.

Glancing at Jennifer, I saw she was not awake yet and realised that she will not be for at leat another hour or two.

Pausing at the bathroom and looking in the mirror. I wash my face.

I brushed my left hand through my light brown hair and held it there a moment. Now again I brushed my right hand through my hair, squeezed my eye ducts with my fingers and close my eyes, I thought about all the things that I listed that needed to be done today.

Instead of over thinking too much, I went into the kitchen once again and made a full pot of Starbuck's coffee. I pour myself a bowl of Kellogg's Frosted Flakes cereal. Eating, crunching the cereal and with the bowl in my hand, walked from the kitchen and on into the living room.

Turned on the television, the weather station claimed it was a cold and freezing night. Glancing at the single paned windows, the grey morning light filtering in and there is a little frost on them, I agree with them because it did appear to be cold outside still.

The smell of the coffee grounds from the kitchen perking makes me even more alert. I sit on the black leather chesterfield and continue to eat the rest of my cereal all the while anticipating the coffee; Jennifer will most likely want one too.

Going back into the kitchen with my empty bowl, I poured my coffee and added some coffee cream and honey.

I glanced at the cork board screwed into the wall and smiled to myself that I am ahead of my imposed schedule. All our bills are paid off in advance and all our Christmas shopping should be done in the next few days and by the end of this week wrapped.

Rinsed and washed with dish soap the bowl and spoon in the sink (humming to myself) under a steady stream of hot water. I dried and put them away clean, wiping the counter making sure not a trace and a flake left behind of my morning escapade.

I went back toward the bedroom and into the bathroom. Slipped off my clothes, and stood in the old white chipped bathtub for a shower. Standing on the cool rubber mat I bought just recently. Turning the shower on and waited for the water heat to build up from the boiler, while standing back from the cold spray.

As the water warmed, I thought on this dump we were living in. I did not care to have this particular apartment but Jennifer and her mother had put a deposit on it a few months earlier. It was the third place we had looked at and had applied for. We wanted to move from Nanaimo on our Brickyard place and tended to apply at each place we visited. I just wanted options.

The only good thing, rent at $500.00 was cheaper here than Nanaimo, British Columbia. This was a place to save money.

Water hot, so I eased myself in for a long shower. That was a benefit to this place. A boiler that included hot water in the rent. I was so getting used to long hot showers several times a day.

A dab of nice smelling Sebastian shampoo, for my hair. Jennifer, I remember that she liked her Herbal Essence, a berry scented shampoo. I was looking forward to trying a new shampoo on television called Ojon and then another called Wen. I would try to remember to look for these brands at Woodgrove Mall later today.

Next, while lathering down with Olay body wash, I glance around this petit bathroom. Dull peach in colour, scratched thin old wood doors from misuse, a scratched mirror, toilet squeezed in the corner in front of the sink, the mini bathtub and shower with just enough room for a mat on the floor before the door. The bathroom felt too tight for my tastes, I felt like a sardine in a can, cramped.

I prefer a Romanesque dwelling, kind of like a rancher with a courtyard in the centre, with a kitchen garden. I smiled to myself thinking about my dream bed and breakfast ranch. Remembering the dream notes I write in my daily diary. There was one thing I was good at. Keeping track of people and their birthdays, special events and functions, all without a computer update as I liked the paper trail and needed to upgrade our computer soon as it was very slow.

In fact, next chance I could, I would make a note to add a computer study room in my sketches. My kids will need their own computers soon for their school. Maybe some laptops for them as the price was coming down, like the new Macintosh iBook. I would have to see what preferences they have in this.

In Nanaimo, it was a surprise to come back from work one day and find out that Jennifer was almost finished packing and I was informed that we were moving right away! I had preferred the second residence we had looked at in Duncan with white carpets and two bedrooms, deck and a yard near her parent's place where I could use my barbeque. No luck in this apartment for barbeques.

This place did not even have a yard for playing with the kids in and the traffic was a bit heavy being situated right beside the Cowichan General Hospital. Our three kids needed a safer place to run around and play instead of being couped up in here.

But, we had looked at two places in Nanaimo one with three bedrooms and one with four and I was leaning on the four bedrooms. That way the children could each have their own bedroom. Well, there was still time until the summer arrived where I planed to be moved back and working in Whistler for that matter. Change would come after Nathan and the girls finished and graduated this school year.

I remember that I had been pre approved for a rancher in Pemberton last summer 2002 while working there. In the New Year 2004, I would again like to check my borrowing status again with the banks, after I had found a better full time job, time will tell.

Then at around 7:15 a.m. Jennifer woke up fully.

She showered, dressed and got ready for the day's adventure. I stripped all the beds of their comforters for dry cleaning and gathered my chef jackets together too. I was off work for four days for my Christmas shopping as I planned to work on the holidays in a few weeks.

I decided on some upgrades in my culinary wardrobe. Getting my name monogrammed on the collar of all my Chef jackets and this way I thought I would be more presentable as a Chef when wearing them and going for interviews.

I started making breakfast while Jennifer gave Nathan a bath.

My trick with pancakes is to use a box of instant pancake mix and add a duck egg into it, a dash of real homemade vanilla, and whole milk. I tossed my mixture together using a fork and when the mixing consistency was thick and oozy, I poured little circles of the mix into a pre heated pan on the stove. With my large stack of 'flap jacks' made, Jennifer and Nathan came out from the living room and all three of us ate breakfast together at the table, each with a glass of orange juice.

We both did the dishes and then got our jackets on and left the apartment. I remember proudly glancing at the new cork board I had installed a few weeks earlier with the list of all our bills. Something I do at each new residence I move into. Everything was paid in full until February. All smiles, I liked the fact of being two months plus ahead and not having to worry about old bills at Christmas time.

Even my MasterCard was paid off in full. I only had just over a thousand dollars on my Visa left to pay off. Something very manageable now if we stayed here for a few months more.

I was not always like this, as I would pay the minimum and the cards balance would go higher and higher, frustrating. So, I got a second and a third job and put all the funds onto paying off my car loan and my credit cards. Each payday, I had a zero balance on my credit cards and I was liking this. It worked really well and so with no more car payments plus a tuition grant, I was able to attend school for culinary arts at Malaspina University. Something I would not have been able to do if I did not get a second job in Pemberton and then a third job in Whistler.

I normally paid the bills as they came in but with children, things get put into a bigger perspective. You start to think about their future too. Mine was to get a house to call home and turn it into a bed and breakfast at an airport.

Did you know that one rod (or pole or perch) equals five yards or sixteen and a half feet? Moreover, that one acre equals forty rods by four rods... all are things I toss in my mind... bed and breakfast.... How big an area do I really need? On the other hand, does it matter at an airport?

So, I started working more and more. I used one pay check for daily and monthly expenses like rent, food, cable, phone, car, gas, insurance. I used my other pays to save and invest over the years in rare coins and stored in my own personal safe.

Being determined, and with goals, I always managed to find a way to achieved them. A little hard work and sometimes a few extra shifts and if need be, jobs.

I remember during the summer of 2003, just after my divorce and going to Woodgrove Mall in north Nanaimo. I saw a coin dealer set up in the mall. I went back home and brought to him all my coins and rare dollars for an appraisal. I used to love stopping at coin shops in Victoria and Vancouver and picking up one odd coin or aged bill. Gold coins were becoming my new obsession. Once you got one, you wanted more... I totally understand the early gold rush and prospecting was in my blood.

If you don't know, buy a gold coin and it just draws you in. You never want to put it down and sell it, kinda like the Casino chips, there is a desire to get more. I also love the new Gold Rush shows on television too.

At the Woodgrove Mall, there was a table set up and a stocky money guy in the mall offered me cash right there on the spot for my entire collection. He even showed me his wad of money.

I was very surprised at the amount of monies he had on himself. Yet, I thankfully did not sell... but boy, was I tempted. I just figured that if I waited a bit longer, I could get more money, piece by piece, when I had time to do an internet search on my collections.

Gold, I knew was currently at an all time low and I figure it was heading up in market value. I even told many family members to buy gold at that time too.

## We took Nathan to the day care which was two blocks away. As we sped over to Subway to where Jennifer's mom Pat Whyte worked we stopped at a dry cleaner Jennifer knew in Duncan. We asked about dry cleaning all our comforters and the lady told us just to wash them in a double and triple loader washer and it would be cheaper for us. My chef jackets she would monogram and would be available to be picked up in a few days. That I thought was cool.

We stopped at Subway and had a brief visit with Pat and let her know that we would be in Nanaimo for the day to pick up my children, browse at vehicles and to start some early Christmas shopping. She offered to pick up Nathan from day care so we could spend some extra time in Nanaimo. She reminded us about her daughter in Victoria moving to Edmonton, Alberta and we told her we knew and we were going to spend all day Friday in Victoria and do the bulk of our Christmas shopping there over the weekend.

## We told of our plan the next day was to visit Jenn's sister and niece, spend the day together and then to take the entire family out for a happy moving away dinner.

I secretly planned to spend the following day shopping and night in Victoria at a hotel. Something the kids I think would like to do. Indoor swimming, order room service and take out and staying up late watching television. I was just thinking of a stress free, good and relaxing weekend as a new bonding family experience of being together and sharing a mini holiday.

I remember my early childhood swimming in a hotel pool, and running down the hallways, getting ice, melting ice cubes in the bathroom sinks under hot water at a hotel with my adopted parents Dean and Helen Purdy. They came to visit me in Kenora, Ontario; I liked and remember the experience. Good food and exploring a new place with people that care for you.

## We arrived in Nanaimo at around 11:00 a.m.; we brought our comforters and put them in the wash at Busy Bubble in north Nanaimo. While shopping we bought for $240.00 an artificial Christmas tree that was six feet tall, played music, rotated and had coloured optical lights built into each branch from the Real Canadian Superstore in north Nanaimo. By now our laundry was done so we drove back and folded all the comforters and placed them in the back of the Explorer and as some calls it, an SUV.

## I remember seeing a white multi tiered wedding cake at the Safeway grocery store and thought about the costs it would be for us. I wanted a few tiers and white bridges connecting the cake decks, all white. Maybe even a cake from the show on television called Charm City Cakes (Ace of Cakes). The wait list for them is long but, we had time.

## Then next door to the Brick, we looked at new furniture for our living room and bed room. Going across the street to Costco, we browsed there for a short time where I saw a wonderful king sized sleigh bed. This I was definitely going to get this weekend after our shopping in Victoria. It would be a large surprise for Jennifer and an upgrade from our double bed we have been using. I wished Costco had a lay away plan; but no so my plan was to buy it on Sunday afternoon when I was alone. I think it would fit in the back of the Explorer and the mattresses I could tie to the roof.

Driving around town, we looked around several car lots for a family vehicle a little smaller than the Ford Explorer we were driving and roomier than my four seat blue Saturn SC2 coupe.

The vehicle we were searching for was something in the middle and could seat five being two adults and three children. I had been pre approved for a Ford Escape and was leaning on a yellow hybrid 4x4.

## The dealer tried to show me a blue two wheel drive Escape but I declined as I liked my ski trips and needed the full power traction for all four wheels. Jennifer like red, Stephanie liked the colour purple, Kimberly liked pink and luckily Nathan had no opinion yet.

## How do you choose a colour to please so many? I think that is why I had a Saturn blue as it changed colour from green to blue depending on the light it was in and sparkled.

## As our laundry was done, we drove and did some more car window shopping at Budget and a few other car dealerships in Nanaimo until 2:40 p.m.

## Then, we proceeded to McGirr School to pick up my daughter Stephanie who looked so like her mom. The school borders Lantzville in north Nanaimo and is only a few blocks from my ex wife Dennis's house on LaSalle Road.

## As I remember Dennis, she is pronounced Denise, being Spanish speaking and immigrated from the Dominican Republic almost eight years ago, with an olive skin and jet black hair.

## Our first daughter together, Stephanie looked just like her mother and then her sister Kimberly who was a curious three year old and looked more like me when I was little, with white skin and very blond to light brown hair.

We arrived at Denise Purdy's residence at 6421 LaSalle Road in Nanaimo where her grandmother Bartolina Marte Rosario was taking care of her while she was at work as a dishwasher at Long Lake Chateau.

## Our family was raised speaking Spanish at home with Bartolina and Denise making sure both girls knew their mom's language by always speaking to them in Spanish and myself speaking and teaching them English.

## We were I felt, a normal modern family that was going through a regular divorce. To make it easier on the girls, originally I moved out and was living an equal distance from the girl's McGirr school in Nanaimo in a same two bedroom basement apartment as their mother was living.

## When Jennifer entered my life with her son Nathan, we needed to find a larger place that had three bedrooms, and that was the plan.

## After both children gave me a hug and were safely in the Explorer, going around the corner from their house to Little Caesar Pizza. We bought a large pepperoni pizza to snack on the way home.

We did this every time the kids were picked up from Denise Purdy's residence; our regular routine was always to pick up a large pizza and sometimes two pizzas for the kids and us to eat on the hour long ride back to Duncan from Little Caesars.

## Hey, it's only five bucks! Just pepperoni, no other fixings as Jennifer was very picky on what was on her pizza and nobody liked anchovies.

## I have unconditional true love, no strings attached for all my children. Whatever they do in their lives, they know this: "The door of my heart will always be open to you."

## Most weeks we go stop and visit for a spell at my aunt Cathy's residence right after picking up the girls but, today when we had driven over, there was no one there. I felt it important for our children to get to know all of my family and being in Duncan, they don't see them as often anymore except when I take them there.

## I used to stop and see my aunt Cathy almost daily it seems but now it was turning into a weekly thing. Living an hour away is hard on seeing family with the rising costs of gas.

## We drove over with the children to Long Lake Chateau and popping in we said, 'Hi' to my mom who works there and my aunt Catherine, 'my auntie Kay' who resides there too. I missed stopping in daily to see her when I lived in Nanaimo and taking the girls too. This still was one of my regular routines when I picked up the children after a quick visit with my Aunt Cathy and Uncle Duncan. But it was weekly, mostly when I picked up the kids but sometimes twice weekly. If I had time, I would stop by on Sunday's too before the girls went back to their mothers.

## I wanted to move back to Nanaimo again to resume the old routine and daily visits and to get the custody schedule into a more equal routine being week on and week off. I thought it was important to keep in touch with all my family. I also missed seeing my grandpa. Most times he was not there when I visited him as he was on walk about gathering rocks to carve in his room. He made some really nice rock carvings.

That afternoon at just after 4:00 p.m. at Long Lake Chateau her work, we never did see my ex wife Denise. Sometimes we do but not that day. She had most likely gone home and gone to see her scheming boyfriend, as I thought immediately of Charles Panet, the leech, a BC Ferries dock worker who I am told was down on his luck and into the biker and drug culture in Nanaimo.

## We left around 4:15 p.m. and drove down Bowen Road and stopped at the lights at Northfield Road intersection, Jennifer pointed out to me. "There's Charles Panet's brown Bronco," and sure enough I saw him, his brown two toned Bronco, with the tarp on instead of the hard cap.

He was stopped at the red light, I was directly across the road from him, and ironically we were going in opposite directions.

## I looked right at the retarded Charles Panet as he drove past me, I commented to Jennifer, "That girl he is kissing is not Denise."

It seems that Charles Panet, a provocateur, advocating and schemer who I believe was responsible for and instigated the drastic end of my ten year and fairly happy marriage with Denise Purdy.

## She nodded in agreement. The white girl was not my ex wife and Jennifer said, "There's trouble in paradise!"

## I started driving us again across the intersection to our next destination, the Buns Master and Bakery. I looked right at the schemer and knew he was just another womanizer that broke up our past marriage. I do not even think that he recognized us or me.

## We both broke out chuckling and laughing about this turn of events with my ex wife and her new boyfriend who seems to be double dipping and seems to be on another course as a provocateur.

## My two girls looked confused.

## Stephanie asked me, "Where's mommy?"

"Probably at home now," I said.

## I was thinking that she was most likely on the bus on her way home or going over to Charles Panet's place and maybe, just maybe she will get to see him with his new girlfriend. I was not going to say anything about this, I wonder whether Jennifer will?

I know they do talk sometimes to each other on the phone.

## This guy I thought now was a certified prick. He used to call and harass me and Jennifer when we lived on Brickyard until we moved to Duncan, then it became long distance.

## Charles Panet even went as far and blatantly broke the court order that the judge ordered after our last family court.

## You see, while in Denise's care, the judge ordered that our girls were to reside only at her residence on 3421 LaSalle Road, Nanaimo, and not ever at Charles Panet's residence at 1360 Discovery Avenue, Nanaimo.

## This was because Charles had personally brought up and made the court aware at a custody hearing Denise and I were attending, that he was being investigated by the RCMP for some kind of child harassment issues with his job at BC Ferries. I prayed I would not see his like again.

Sadly, I was wrong.

## The Stephanie I overheard telling my aunt Cathy that right after that court order and being picked up by Denise and Charles, they went and slept overnight in a sleeping bag in front of his chesterfield at his residence and Stephanie was scolded that evening by Charles for handling one of his numerous hunting knives I learned that he kept hidden under his couch.

My girls told family that they thought I would get mad afterward when I found out. But, I was not. It was just another breach by Charles and Denise that I would bring up at the next family court appearance in the 2004 New Year.

## Thinking about this, I know Karma will always provide their just deserts but not me, Kelvin.

## We stopped just down the street at the Bread bakery and picked up some fresh bread for the following week. Three white loaves and some raisin bread. My kids remember that I usually make three fresh loaves of bread each week (two white and one sweet cinnamon with raisins). But, we were still unpacking and the new apartment was still in some disarray. It would take another week to clean the place up after our trip to Victoria this weekend and locate the baking pans.

Thinking ahead, I had a few things to toss from the apartment we shared together starting Monday with our dressers. I did not like them at all. They were given to us from the Whyte's and I wanted to get something a little more luxurious.

## Plus, both the girls and Nathan needed dressers too and I figured I'd move our bedroom into the girls and the girls and Nathan into ours as it had more room for them to play in. I think Jennifer would be good with this too.

Somerset Maugham: It's a funny thing about life; if you refuse to accept anything but the best, you very often get it.

## I was not in a big hurry to unpack because I knew we would most likely be moving in a few short months back to Nanaimo. I had just been approved to work for a call center at Country Club mall as a computer tech and I was fortunate that I liked and understood computers too. I was a games programmer in high school and liked to figure things out in code. I always had programming and design ideas and needed little time sort them out. I thought very linear.

## Jennifer had been working there already as a telephone receptionist and just quit because the commute was getting too much for her and furthermore, the gas for the Explorer was nuts.

## We lost a quarter tank of gas for each trip with the Explorer. My Saturn SC2 coupe car was a lot more fuel efficient but it only had space for four people and we were a family of five. Both vehicles needed to be replaced for something in between. She wanted her work to be closer and she could resume work there immediately, whether we moved back.

## Our move back to Nanaimo was going to happen very soon, maybe sooner that Jennifer expected as the available work in Duncan was slim and what was available was low paying. I was staying ahead of the bills and would have to dip into savings whether we stayed here after spring 2004 and whether I did not get a good full time job by January, like a manager at the gas station.

I was toying with the idea of seeing the Chef's at Malaspina University and inquiring about jobs on Monday after this weekend. I remembered them telling me I could make good money with my talent. I can still see the large stack of requests for good Chef's in their office and knew that they had contacts everywhere that could open a few more doors for me, all to broaden my culinary skills.

## This cold knocking on doors and handing out resumes was not getting me anywhere locally anyways. I was itching to get back prep cooking banquets and early breakfast meals as they were my favourite part of the day. I woke up early at 6:00 a.m. every day and could not go back to sleep. Working mornings was good as this left me the afternoons and most evenings off work to be with my kids to go swimming, visit parks, go to movies, learn sports like skiing and just do things together as a family.

## I also had received a call from the Great Casino in Nanaimo and my old boss at Club 21 asked me back there to work as a cashier/bartender. The opportunities were coming in at just the wrong time. I said no, but maybe I would take him up on that offer again. I had just moved away from Nanaimo to Duncan and now would likely move back. It would be better for the children too, to not be so far from either parent whether they wanted to go over. Plus, I did like the shifts at the Great Canadian Casino and staff there.

## Then, we went to the Buy Sell and Trade and put both our vehicles up for sale. The two peperoni pizzas we ate in the car and our first stage of Christmas shopping over, we drove back to Duncan.

## I face problems rather than run away. Our car problem was going to be solved by Christmas, that I had no doubt. I had several low offers on my car the highest being four thousand and I knew that with an advertisement in the local newspaper, I could get more if I waited.

Our home, an old apartment was not attractive, but clean, physically comfortable, but essentially cookie cutter type construction. It appeared to be over one hundred years old, and not my choice of places to call home. I preferred basement suites with a yard and porch for my barbeque and all our bikes.

Entering the apartment was a mudroom with two closets, one we used for storage and the other for our jackets, coats and shoes. Therefore, hanging my jacket on the coat rack I leaned over and tidied up all the shoes.

Chipped bathtub, yellowed tiles, single paned glass windows, old rusty carpets, the only good thing about this crummy apartment was the fresh coat of white paint on the walls and the new corkboard I screwed into the wall as you enter the hallway.

I felt like I was going back to the ghetto and did not like the feeling. Cringing to myself, Goosebumps rose up my arms, the only good things going for this place was the rent price, cheap and it was close to the airport and hospital.

Glancing at the new corkboard, my one insurance payment to be sent out. The deposit slips for cable, electric, phone, rent were all neatly ticked off, and checked for extra payments, all listed beside our updated wish list that Jennifer and I sat down and wrote up our goals when we first moved in here.

Jen and Kelvin's Wish List:

  * Bag less vacuum

  * Blender glass

  * Electric frying pan & squares

  * Hand rinser

  * Kitchen Aid

  * Meat slicer

  * Cookie pans – baking set

  * Frying pans – non stick

  * Baking pans and sheets

  * Bean bags for the 3 kids

  * Surround sound system BOSE 321 / Wave

  * New bed

  * Fire safe

  * Plastic containers

  * Camcorder

  * Iron and board

  * Bathroom set

  * Flannel sheets

  * New computer

  * New car(s) 4x4

  * New house deposit $10,000 = 5%

  * Standing up mirror

  * Deep freezer.

We posted them on in the hallway to keep us aware of the dates when everything was due and so we could pre plan our months.

I guess you could say I do have a little OCD, Obsessive Compulsiveness Disorder. However, I liked my routines.

I was so proud that finally, we were ahead. All our utility bills were up to date and in fact paid until February 2004. Our next utility payments were not due until March, and the only payment before that time, rent due February 2004. Things appeared to be slowly turning around for me.

Our trip to the Duncan airport last weekend was still in my mind and I was itching to go back and check out some of the empty hangers and inquire about the trailer and restaurant that seemed never to be in use. This might just be mine if I played my cards right and the price was right.

Looking at everything in perspective, this divorce had only put me back about a year in my retirement plans. I remember when I separated from Kathleen Girard, my first real common law who I think resembles Katy Perry.

My world was ripped apart when I caught her cheating on me and so I moved out. A week later, my first child was gone. Abducted by Children's Aid Society (CAS) in Cornwall, Ontario by Dean Stanley.

I went to court and fought for my precious baby Amanda, but to no avail. The biased judge seemed to agree and enjoyed the lies told by Dean Stanley, a CAS worker that held up my empty CAS file folder and I thought proved to the court that there was no reason not to allow me the opportunity to try to raise my daughter by myself. The judge seemed to have already made up his mind prior to court to rip apart my family and not even give me a chance to raise my own daughter.

On my rebound, I went to the Dominican Republic and met a long time pen pal and six weeks later married her. Dennis (Denise) Adalgisa Liranzo Marte and this lasted for a wonderful ten years. We became the best of friends and would talk about everything to each other. Regardless of the time of day, we felt we could open up as best friends could. The marriage crumbled when I learned of her adultery once again and I finally moved out.

Three months later, with no chance to reconcile, I met Jennifer Whyte. I felt confident that after a few more months and Jennifer and I both got stable full time jobs, that by the summer of 2004, we would be ready to buy our own place (Bed & Breakfast) and cover a wedding for ourselves if we were together and my divorce finally over by then.

During the first few months, when Denise found out about this relationship, we did try to reconcile on Mother's day and then again on Father's day but, that failed. After that and with Jennifer, I proposed to her after talking to her father and getting his blessings. I explained and made it clear that I was not going to rush into a third living relationship so quickly this time. One year wait was in order and Jennifer and her family agreed with me.

My Christmas shopping list posted on the corkboard, my family and Jennifer's family. My four sisters and one brother they would each receive a $50.00 bill slipped into a Christmas card. All I needed was to pick up a box of new cards and then they were easy to take care of my family gifts.

I was planning to do the same for Jennifer's sisters and brother. Keeping It Simple Stupid (KISS) is what I like to do. Some people tell me I over organize, but I just like to plan things out.

Christmas gifts for my parents and local family and hers were another story. That is one of the reasons why we were going to Victoria, to get a handle on this. All before the rush that would happen as my work and routine always increased at this time and made things difficult for me to do anything closer to Christmas time.

## A few minutes after we arrived home in Duncan with the two kids we got together in the living room and put up the Christmas tree. We had a Christmas tree without ornaments; all the same it looked good. Denise had a box of Christmas ornaments and there were only a few that I would like, my Star Trek ships and science fiction movie ornaments that lite up. I was to ask her on Sunday for a few of them as she did not like them on our tree the previous years.

This tree spun around slowly, rising six feet tall, two inches taller than myself at five foot ten, and the tree had those fibre optic lights woven inside all the branches. Pressing a button on the floor, I discovered that it also chirped different Christmas tunes!

## Nathan was dropped off a little later by Jennifer's father, Bill Whyte. I asked whether he wanted to come in for coffee but, he declined. So, off both Nathan and Kimberly went and a bubble bath together they had in the bathtub.

## Meanwhile, Stephanie feeling lonesome wanted to call her mother so I passed the phone to her so she could say goodnight. She was confused as she only heard an answering machine and asked me what to do. I told her "You just have to leave a Goodnight message for your mother and she will get it when she gets home."

## As soon as she hung up, Kimberly came out of the bathroom running with a towel on and said, "I want to say goodnight to Mommy too."

I redialled her mother's number and Kimberly left a very short message for her Mom.

"Night Mommy." she said.

## I took Nathan and Kimberly both to their rooms and got them dressed and then put them both to bed. I tucked both in and that left Stephanie, Jennifer together in the dining room where we all played a card game called crazy eight's.

## During the game, Jennifer's cell phone rang and it was Denise. Jennifer passed her cell phone directly to Stephanie "Hi mommy, just playing cards with Jenn and Dad, no, no, pizza, love you, Dad's here you can talk to him, night mom, OK, here's Dad for you."

I was a little surprised Denise wanted to speak to me as she normally will only want to speak to just the girls. Getting on the phone with her was out of the normal and was usually something wrong. Like her missing her bus to work and needing a ride but it was late. "Yes Denise?" I hesitantly answered.

## Denise blurted out "Kelvin, Charles hit me, I need you, and want things back the way they were..."

"Whoa... No, what?" as I was a bit confused and No was the first thing I remember saying to her.

"Charles hit me again, we're broken up. I won't have someone hitting me anymore. You remember, like my last Dominican boyfriend?"

"Yeah, I know." I recalled. I remembered and go over in my mind the Buddhist proverb, 'better to light a candle, than complain about the darkness.'

## I suddenly remember her telling me about a previous boyfriend back in the Dominican Republic that hit her and so she broke up with him. Her grandmother Bartolina would know more about this old creep and of us getting together.

"Yes, but some guys are just idiots, eh?" I replied referring to the arrant scoundrel.

Sorting this in my head, she said she had broken up with Charles Panet because he hit her! I do not know what led her to do that but he must have instigated it. I wondered if she found out about Charles's affair, the girl that Jennifer and I both saw Charles with earlier?

"Yes, umm I miss you, can you come over now?" Denise replied.

Whoa, warning bells ringing and flashing in my head "No, I'll see you on Sunday. Charge the guy and ..." I responded.

## Cutting me off, Denise spits out "I've already got an appointment for that tomorrow. Please, I want to be with you, come over." She pleaded and I heard a tremor in her voice as it cracked.

"No." I responded quickly, I knew that her grandmother was there and that she was safe as could be. I did not know what to believe and was only thinking to myself: THIS IS A RED FLAG! WARNING! BEWARE! SOMETHING IS NOT RIGHT! MAYBE A SET UP WITH HER LAWYER OR CHARLES! DON'T GO OVER!

I still don't know why she asked me to come to be with her in Nanaimo because her mother was there, I refused and said again "No, tell the police, I'll see you Sunday at five and I'll take you for a coffee like we usually do."

"I love you..." She responded.

## I hung up without saying anything. My emotions were in turmoil. Yes, I cared for Denise a lot, she was the mother of two of my three daughters but, I felt this was just another game she was playing with me. I believed that in a few days, she would be back with her latest boyfriend and another one.

So, I just had to keep her at arms length and continue with my current relationship. I had come to learn that Denise got the kicks and seemed to only want to make me unhappy by breaking up with me the last few times right after I started a relationship. I was tired of being her Yo Yo and her jealousness. I was not going to mess up my new relationship with Jennifer and her family over my ex wife Denise.

I knew that I could not trust to live with Denise ever again. I tried three times and each time was disappointed with her. I was not going to waste anymore of my precious time with another doomed relationship with her. With any of my relationships, I feel that once a trust is broken, it is very hard (if ever) to fix, and it would take a lot of time of re building trust and right now, that was not something I was willing to devote wasting time with her except when we had to see each other over coffee on Sunday's to discuss the children's custody arrangements.

## I still hauntingly remember the very last words Denise spoke to me being "Come home, I want you to be with me, I love you."

Memories I dredge up from the not too distant past. I remember always taking the children back to Nanaimo on Sunday's alone without Jennifer so that Denise and I could go to Tim Horton's. This was the closest coffee house near her house so we could discuss the weekly schedule and possible changes for the next few days and following weeks and see whether there were any changes we needed in it.

Talking with Stephanie, who remembers this part, she agreed that both Denise and I were very civil with each other and there was no jealously when Jennifer and Charles were not there. But, that changed when a third party came into the picture. There was some hostility that seemed to erupt between either Jennifer and Denise and myself and Charles. It was not nice for the children so we agreed that as a fix for this situation, we left our new partners behind when the children were exchanged on Sunday's.

My daughters both contest that I always drove Denise back to her home in the Explorer from having our coffee meetings. They would almost always be waiting for us outside together. We had both found out during the summer that if either I was with Jennifer and Charles was with Denise on Sunday's that jealousy would flame up. The girls noticed this and so did us so, we kept the exchange neutral. When I picked up the children, Denise was at work and it was only the grandmother Bartolina taking care of them.

## I would also drive Denise for her Varicose Vein treatments in Victoria during the summer of 2003, once a month. The doctor would inject irritating sclerosing solution into each varicosity, causing the vein walls inflammation and collapse with the help of an (Ace) bandage she would wear. After multiple office visits, injections and wrappings each month, I always drove Denise there and back and paid for her treatments.

## Never once did Charles Panet offer to drive her, and cover the costs for her multiple cosmetic treatments in 2003. I don't even think she needed them but, I humoured her. I doubt whether Charles Panet even knew where her doctor was located in Victoria.

Unless there was something in it for Charles Panet, it seemed that he did not seem to be bothered with doing things for Denise. I wish her friends would have pointed this out to her.

Coffee at Tim Horton's was just a convenient place for us to chat and drive to, being right near her house just a few blocks away. I was a little bit wary of having coffee at her place because, the last time she asked me back inside it turned out just to be a big set up for me with her lawyers to take away the 50% custody of the children from me. I won't fall for that twice and lose my remaining guardianship too.

My thinking was that I was not going to fall for any game she tries to play on me. Like getting me over at her residence and then calling the police and charging me with a breach of our no contact and no harassment court orders.

## The police were shocked when I pulled out the phone records of the telephone calls that proved my side of things. I had a fax machine that recorded all the calls received to and from my home number and I always printed off the last day and dozen calls that I received. I brought in copies of seven days of harassing phone calls.

## I've learned it is always better to be ready for the unexpected when dealing with Denise. Funny thing is that I had the same court order on her too. Being cautious and before I stepped one foot anywhere in her residence, I wanted signed on paper that she wanted me there. That's why I picked her up and we always went to Tim Horton's and not inside her place for coffee.

It makes me think of three questions asked of me:

  1. ## When is the most important time? Now;

  2. ## Who is the most important person? The person you are with;

  3. ## What is the most important thing to do? To care.

## I was quite content moving on with my new relationship with Jennifer and her family. Something I did not want to put in jeopardy over a domestic dispute Denise had with Charles Panet.

## I do remember us trying to reconcile on Mother's day and Father's day but she quickly went back to Charles and as I thought Jennifer was fitting in quite well with my family as the girls like her, so I had no plans to alter my life again.

Stephanie went to bed soon after talking to her mother, as Jennifer and I stayed up for about another hour. Afterward, Jennifer went and got a bottle for Nathan. Calling out to me from the kitchen, I was in the living room so I turned off the TV. It was on Much Music in the background during our card games. Jennifer asked me "Kelvin, can you get some more milk now? I finished the last of the milk with Nathan's bottle and we need it for the girls' morning cereal."

"Aw, I'm just now ready for bed; I'll go get it in the morning, O.K.?" I responded.

## Jennifer replied, "O.K."

Off we went to bed, and we snuggled together like we always do and had a peaceful night sleep.

The day began as a perfectly ordinary one.

## 6:00 a.m. Nathan woke up, with his crying for milk and with a wet diaper. Jennifer pushed me out saying "Your turn, honey."

## I changed Nathan like I did every morning; Jennifer not being a morning person at all. I got him a bottle of formula warmed up for him as his early morning feeding being that we were out of milk and we had a case of this as a back up.

While waiting for the bottle to heat in the microwave, I remembered Jennifer asking me to get milk for the kids the evening before. Nathan changed and drinking his formula, I took off my pyjama bottoms that Jennifer bought for me and threw on my beige pants, beige turtle neck and put on my red and ski jacket and went off to the familiar Payless Gas Station for milk and my morning coffee.

I got downstairs and went outside to the vehicle and notice that the parking lot was glazed over with ice. Another deep freeze night. The windshield was caked with ice too but I got inside and started the Ford Explorer up, turned on the back windshield defroster and heater fans on high, which were pointed up at the windshield and decided to wait for the car to warm up by going back inside the lobby of the building like I did most mornings.

## The cries from a flock of crows, taunting, as the air grew colder. I felt chilled. The wind picked up, pushing the nimbus clouds around as it guided me as I made my way back inside, around 6:20 a.m., I met our next door neighbours strolling out, both Natasha and Jeff Rushton. I seem to see them most mornings now.

"Hi there!" Jeff called to me in a neighbourly way.

"Good Morning, its icy today" I responded, with a big smile.

"Morning, thanks." Natasha replied.

"You off to work?" I inquired.

"Yep, we're off to work, I need to drop Natasha here off at 6:30 and my shift starts a little later at 7:00, see you." Jeff replies.

"Safe driving, bye." As I bid them farewell.

"Bye" Jeff responds and Natasha just smiles and nods to me.

## Natasha is now already in their vehicle and Jeff closes the door. Their engine starts and off they drive out in their red pick up truck and head off to their work. I normally see them in the mornings but only from a distance from the lobby and in the elevator.

I go skipping inside for about five minutes and patiently wait in the lobby. I think about taking Jennifer dancing at one of the clubs. We've been out only a few times and it would be nice to check out some new places together.

## When I don't see ice on the windshield anymore, I go back to the vehicle and it's nice, toasty and warm.

## Driving slowly out of the parking lot, I decide then to go to the Payless Gas Station instead of the 7 Eleven store just around the corner only because a week earlier, I had dropped off a resume with Mike the owner.

After speaking to him, he told me to see him in about a week.

A week had now passed.

## I had hoped he would be in this morning so I could see about any positions he had available for me here in Duncan and Victoria.

As I was going to be in Victoria today and this weekend, this may be my last chance to see Mike until Monday. I wanted to get the location for his gas station store in Victoria, so as to stop by and check it out the location and maybe potential place to move to if work there opened up for me and Jennifer.

Time, what counts is not the number of hours you put in but how much you put into those hours.

## A week ago, Mike and I had chatted after Jennifer had introduced me to him while at his grand opening of his new car wash in Duncan. I explained to him that I was searching for work and he told me that he had just hired someone for his other gas station in Victoria. I mentioned that for experience I had worked a graveyard shift at the Pemberton Gas Station for under a year.

## I was familiar with Greyhound ticket sales, lottery machine, stocking and gas fill ups with customers and with the main tanks when the tankers came in to re fill. That sparked his interest and he told me to touch base with him next week as he would know whether the worker he hired was working out or not.

## My plan this morning was to see him and remind him I was in town and available for full time work immediately whether I saw him there but to get an answer that day. If he did not need me then I would start searching for a place to move to back to Nanaimo.

## Jennifer no longer liked the place she had picked in Duncan and so we would take our time and visit places in Nanaimo and probably get a condo in north Nanaimo where the girls would be able to walk to after school.

## I had my eye on a new condo building just built that had a terrific view of the ocean and learned that several places were still available for a very reasonable price. I was itching to be a condo owner as a stepping stone for my Bed and Breakfast.

## With luck, hard work, I could maybe have both if I worked it out right. There was an airport in Cassidy not far from Nanaimo that I liked, it had potential.

## I was a student pilot out of that airport and the fact that it was quieter than Nanaimo; it would actually be an ideal location. Time will tell, first I had to bring Jennifer to visit these places to see whether she would like them too.

## I pulled up and arrived at the Payless Gas Station at 6:32:55 a.m.; I noticed that Mike's large red pick up truck was not there, yet. I was very familiar with this station as I had re filled the roofing trucks here many mornings that I worked as a roofer for Jennifer's dad Bill Whyte.

## I parked in front of the doors and went in and got a coffee and asked the young native female teller if Mike was in and she replied not yet, maybe a just little later. I then asked when the new newspapers arrive she said around 7:00 a.m. about the same time as Mike would be in too as they were expecting him today.

## With that announcement, I decided to wait a half hour, nothing was pressing to do anyways until the girls got up in another hour or two as Jennifer and my girls liked to sleep in until 8:00 a.m. I picked up one of the complementary Cowichan newspapers that were supplied on the bottom shelf of the Payless Gas Station newspaper rack near the front door and went back out to the Explorer. I then drove to the side of the building, parked and drank my coffee, read and waited for the owner to arrive.

Nothing of interest was in the help wanted section of the newspaper and for news of new conventions of interest to myself and concerts that the family would like to attend. It was always the same regurgitated news stories and gossip.

## At least there were no cigarette adds in these papers anymore. I noticed that even in the magazines these days, they had fewer and fewer cigarette advertisements.

## Reminiscing about the past, I remember that I stopped smoking almost eight years ago. Stephanie was one year old and we were living in Dryden, Ontario for the winter after moving from Cornwall, Ontario just before the first winter storm this year. It was February 18th, 1995 at 11:30 p.m., the evening before my wife's birthday. I had just run out of cigarettes from smoking two packs that day. I was averaging one and a half packs a day.

## My biological dad Hal had three heart attacks so far and I was thinking of suddenly being like him and not being around my kids when they had children and their children had children and so forth. We were living with Hal and getting to know the relatives and his friends there in Dryden and Eagle River, all while I worked at the local Safeway grocery store stocking shelves at night here in town and also shovelled snow for people while trying to get work at the local paper mill where he worked.

## Denise and our daughter Stephanie and I shared a bedroom in Hal's two bedroom trailer. When not working, we went snowmobiling and hunting in the woods. The mill had just laid off some people and so I was enquiring elsewhere for work too. Leona, my biological mom, lived in Nanaimo and offered to pay for my trip to British Columbia and three months rent and so after discussing it with my wife Denise and realized that I was out of smokes joked to her and said 'I'll quit for your birthday' that just happen to be tomorrow and in thirty minutes.

## That evening, the weather miserable, it was freezing. I decided to change my habits a little. Instead of going to Tim Horton's and getting a coffee and having a cigarette there as at that time we were allowed to smoke at Tim's. I went to the gas station instead and bought a coffee there as they don't allow people to smoke there, for obvious reasons.

I went to work at the Dryden Safeway's stocking shelves that night and did not smoke. Doing this same new routine and soon three days later, I realized that I still had not had a cigarette! Breakthrough! I then went without for three weeks, then three months, and then three years and now I am working on three centuries without a cigarette.

It dawned on me that I wanted to live and see my kids have kids and their kids have kids and so forth. This is why I prefer gas stations instead of Tim Horton's for my coffee, for anyone who asks me, I liked to stay away from my triggers.

## Coming back to the present, we had told family and friends our decision to take the kids and spend the day shopping in Victoria but, we had not settled on a time to leave. I wanted to surprise everyone and spend the whole weekend in Victoria. Spending today with Jennifer's sister and family and taking them all out to dinner and then tomorrow, shop, stay at a hotel and just relax and bond some more like a family should once in a while.

## I re counted my hard saved $2500.00 Christmas money and had just over $2040.00 in hundreds, fifties and two twenty's, the loose change in my pocket I didn't bother to count. My wallet would not close and so like always, I slipped the faded black leather wallet into the right outside ski jacket pocket.

## Divorce thoughts came and I remember separating and moving out when I found out about my wife's newest affair. Thankfully, many family members had mailed and given me money to help in my transition and help me get set up anew in my new place on Brickyard.

## I remember getting a lean on my car from my uncle Duncan Tait and needing to pay him back in the New Year the $2000.00 that he graciously put on my vehicle. All to save it from being taken by Denise. She said her boyfriend wanted it but, with a lean on the vehicle, she would have to pay it off first. This way I got to keep the car.

Having all our bills caught up and paid until February felt good. A few months ahead and we can again think about our future for 2004. I planned to pay off the lean on the car early in the New Year just after Christmas after our next and hopefully last family court for a schedule change again.

## I was going to ask again for our original schedule for fairness week on/week off. As both the girls and especially Stephanie liked that much better. Both preferred it than what we had scheduled now and Stephanie missing school on alternative Friday's was upsetting and not going well for her. It was too disruptive and needed some fine tuning.

Smiling to myself, the loose change jingling in my pocket would likely end up in our Loony and Toony metal box and I realized I'd spent a bit more in Nanaimo yesterday than I'd thought. It's always the case. I remembered buying our new Christmas tree, it was a big bite out of the funds and the laundry, food, talking Elmo, Golf picture, Cell Phone Antenna Boosters, Crystal box for Jennifer, and there were lots more still to buy.

Some presents being for my Parents in Ontario, Jennifer's mom, one present that I was not sure yet for my family here in British Columbia ~ Leona, my biological mom's family as we all picked names and swapped presents for our BC family Christmas dinner, and there were three nieces for Jennifer, her sisters and brother and my two children. We were going to do well this year and once again be nice holiday that was stress free after this weekend (so I thought).

## I had planned to pick up a new bed for our apartment, a lovely sleigh bed. One was available at Costco as I had seen it there yesterday during our shopping and had made a mental note on picking one up as a surprise for Jennifer closer to Christmas time... I wonder if Costco would hold a pre paid item? If not, I am sure that I could store it at my mom Leona's place or Aunt Cathy's until Christmas day.

## Getting my business owners Costco card, I felt a bit of accomplishment. I had used my ownership and manager of PPL Legal Care of Canada business to get this card. Next, I hoped to become a home owner by the summer 2004. I knew I could do this whether I stayed on track and did not purchase a new vehicle on payments (they subtract from a home loan!).

## While listening to the radio and reading the local gossip in the Cowichan newspaper, I decided to put one of the presents I bought yesterday on Jennifer's cell phone. I took off the battery cover and put on a Cell Phone Antenna Booster which I had bought yesterday at Woodgrove mall at the store As Seen On TV.

## The directions said: remove battery, peel paper off the antenna booster and stick to the inside of phone beneath battery.

## This I did, then I put the battery back on and turned on the phone for the first time this morning. The other Cell Phone Booster, as I bought two of them, I planned to give to Jennifer's father Bill along with a golf picture I bought for him at the mall. I believe Jennifer did give that present to her dad at Christmas time.

The Cell Phone Booster was alleged to make cell phones better able to work in elevators and tunnels and give a lot better reception with fewer dropped calls. We lived in an apartment building and took an elevator. Our phone was always cutting out. So I thought it was a very good investment for Jennifer's cellular phone and her dad's cellular phone too. Mr. Whyte was always on the road and Jennifer complained sometimes that the signal was poor with him for his roofing company when giving estimates.

I switched on the phone and checked the messages for the evening. There were quite a few from Jennifer! Thinking something was wrong, I decided to call her but the phone rang instead, it was Jennifer calling me and saying: "Kelvin, where are you?"

"I'm having a coffee" I replied.

"What's all that noise?" Jennifer responded

"Just the radio" as I turn it down a few notches.

"Oh, OK, Where exactly are you?" Jennifer quizzed.

"I'm at the Payless Gas Station. Remember, I dropped my resume off last week and Mike told me to stop by and see him." I replied.

"Did you see my mom or dad this morning?" Jennifer asked.

"Nope, your dad has not dropped by yet, all I see is just your mom's car parked around the back of the Subway." As I was still scanning, the newspaper adds.

"Oh, well, can you come home now? I want to go and see my sister in Victoria now." Jennifer tells me.

"Sure, do you need anything here?" I inquired.

"No, just the milk for Nathan and for the girl's cereal, don't you forget..."

Still chatting on the phone, I get out of the vehicle, go into the Payless Gas Station, get the needed milk, and decide to get another coffee too. While still chatting and listening to Jennifer on the phone.

"...Kelvin, I think that we should leave the phone on all the time from now on."

"Why is that?" I ask.

"Denise and Charles don't call much here anymore; I think that the harassing is over now that we live here in Duncan and not in Nanaimo, It's a long distance charge for them to call us and they are penny pinchers." Jennifer explains to me.

"Sure, we can try that from now on." I respond as I pick up the milk from the fridge with my right hand.

"Thanks, O.K., I need you back now, hurry back honey, bye." Jennifer clearly stated to me.

"Yep, love you too, I'll be there soon." I replied.

## By now, my hands are full of a jug of milk and the teller is asking me if that is all, I hang up. I paid for the milk and put it inside the vehicle.

## My bladder informed me at that time that I had to take a pee, which would not wait much longer. I quickly went back inside and got the key for the washroom and went and quickly relieved myself. Afterward, I returned the key, and then got another coffee before I drove straight home.

## It happens that it is the exact same teller who served me who again recognized me as being there earlier and surprises me my only charging me for a coffee re fill and the milk.

I said thank you for the re fill price, and she smiled at me and said, "No problem. I have a good memory, I live just across the street and I see you here lots lately, and you were just here earlier, it is a re fill."

Smiling to myself about the comment of her living across the street, it almost felt like she was trying to pick me up. I left and put the milk in the Explorer back seat and realized that the coffee I drank earlier had finally caught up with me.

## I arrived at the apartment parking lot, and parked carefully. Getting out, I had parked a little too close to the edge that was icy. I open the back door and took the milk from the backseat and when I closed the door, being off balanced I slipped. Down I went hitting my back on a car parked beside me and hitting my tailbone on the parking lot. Getting up, I went slowly back to the apartment, rubbing my behind.

## Hospital top left, then our place at the bottom right in the corner.

## The cries from a flock of crows, taunting, as the air grew colder. I felt chilled. The cold wind pushed me from behind as I went inside.

Up the dirty cream coloured elevator. This box needed a good cleaning, I thought to myself. Getting to the apartment, I opened the door and took off my jacket, hung it on the coat rack beside the door. It was a bit of a surprise seeing Jennifer dressed in the living room on the edge of the chesterfield watching TV, I smiled at her.

Turning left and into the kitchen, I put the milk in the fridge, then went and gave Jennifer a morning kiss and noticed that she was dressed and had her shoes on. She really must be anxious to want to see her sister to be up and dressed so early.

I went and checked on the kids and Nathan was up but the two girls were still fast asleep.

"You were gone almost an hour! What were you doing?" Jennifer asked me while I was coming back from the kid's room.

"Just waiting for Mike to see about work at the Payless." I replied while giving Jennifer another kiss.

"Did you see him?" Jennifer inquires, excitement and hope of me getting a good job flickers in the question.

"Nope, you called me back just before he arrived. I was waiting for his red truck we saw last week but I only saw your mom's car at Subway." I told her. As I went in toward the bathroom.

"Oh, maybe we can see him in Victoria or on the way over?" Jennifer leans over and watched me.

"Maybe, I think Nathan is awake now" I responded, I hear Nathan talking to himself now.

"Thanks for feeding him at 6:00 a.m., I think I heard you leave at 6:15 a.m. and wanted to tell you something but forgot, the phone was off too, I just want to spend time with my sister and niece today and help them pack. Oh, I remember, can we Christmas shop tomorrow instead?" Jennifer asked.

"Sure, If that's the case then Nathan can go to day care today and tomorrow we can go back to Victoria to say a final goodbye and to do the last of our Christmas shopping, Do you want to go back to bed with me or I'll just take a shower and get dressed for our trip." I winked to her.

"No, you shower, OK." Jennifer tells me "I'll go get the girls ready as they will be up soon too. I showered already; I still can't believe my sister is moving to Alberta!"

## I reply "I wonder if there is work for me out there too?"

"Not for me, it's too cold!" Jennifer imitates freezing by shaking herself.

"Yep, that too, but there can be warm nights too." I told her.

## Going into the bathroom and strip down, I started to take a shower as I had not had one yet and after a few minutes, Jennifer came into the bathroom and opened the curtain.

"Are you coming to join me?" I asked her as she is staring at me.

"Nope, just wondering about supper for my sister, can we take her out in Victoria?" Jennifer asked.

"Already ahead of you. I'll take care of it, my treat." I replied.

"Oh, thanks, what's that on your leg?" as Jennifer peers at a new rash on my leg.

"Just another rash, sulphur allergy, I pop some of the white acne pimples. I did slip earlier though getting out of the car." I told her as it was icy outside.

All the while, I am thinking what did I eat to make a rash? I am allergic to sulphur and all sulfa drugs so anything with eggs in it is suspect as I constantly break out with hives. I can not remember a day when I have not had a rash of some sort, on my face, arms, chest or legs.

"Oh, it's icy outside?" Jennifer asks.

"Yep, and cold. I scaped the ice off the windshield and so the car's warm now. But, outside, it should warm up soon enough." I explained as Jennifer closes the curtain and leaves the bathroom.

"O.K., don't be long in there, honey" Jennifer called out as the bathroom door closes.

Not thinking much of this, I finish my shower, Get into the same clean cloths I had worn earlier. Brushed my teeth, and then went into the kitchen and started to set the table for when the girls will soon get up for breakfast. Placemats, bowls, spoons.

## Nathan had already woken up and I fed a bottle of milk and changed his diaper earlier when I woke at 6:00 a.m. I see that Jennifer had since then put some of the new cloths we bought for Nathan from the Superstore in Nanaimo yesterday.

I finish setting the breakfast table and poured cereal for all the children and put out the jug of milk I just bought. Myself, I was thinking of making some pancakes like those that I had made yesterday for Nathan, Jennifer and myself. I was getting to be an expert at animal shaped pancakes.

Opening up my chef case, I reach inside for the whisk to mix the half box of instant pancake mix we had. To mix, you just had to add water but, I liked to add whole milk. Glancing up at Jennifer, sitting at the table eating her cereal and intently watching TV, Jennifer asks me "I think you are right about this apartment. I don't really like it anymore; it's too stuffy and dirty. Do yo think we can look around for another and better place?"

Being distracted with this sudden question, my mind began to wander and flash back to how we originally were looking at places to rent in Duncan when living in Nanaimo. I know that we would eventually move but, not so soon.

## I had actually liked the first place we had looked at here in Duncan that had white carpets and a nice yard on the ground floor but, Jennifer dismissed this first one as she thought the white carpets would get dirty to fast because of the children. I didn't care and it would be a good reason to pick up our own steam cleaner. They had come down in price quite a bit over the last few years and I had thought of getting one myself and renting it out.

"Yes, but let's wait until after Christmas and take our time to look around some more, I saw some great places in north Nanaimo that we might get into and I still want to visit some more airports. This one here is OK, but not quite big enough for what I would like." I told Jennifer, thinking about a past weekend trip to the Duncan airport on the hill. I did want to have another look and to check out costs on hanger purchases too.

## I am kicking myself from moving here to Duncan because just after moving here, I received a good job offer in Nanaimo as a computer tech for MSN at Country Club mall. It was the same place that Jennifer was working before she quit after our move here. The drive back and forth was getting too expensive in gas and we both would probably be better off back in Nanaimo as there was more work available and the kids would enjoy less commute time and being closer to their friends.

## Plus, I was also thinking of going back to school at Malaspina University for some other courses to get me closer to being able to efficiently build and operate my dream bed and breakfast.

Snap! Suddenly I felt something hit and pinch the top of my hand, instinctively I yell "Shit!" as I pull my hand out and looked down.

## Silly me, the lid of my chef case had fallen down as I did not fully lock it in the open position. I think it was time to buy a new case. Even Jennifer had nicked herself on it by its nasty habit of closing when you don't expect it.

I remember instinctively pulling my hand away and it getting caught on the case. Looking down at my hand and seeing the lid closed, I shook my head and opened the lid. That was when I noticed that my middle knuckle had a little cut on it and it was bleeding all over my knives.

## Hearing me swear, Jennifer came rushing into the kitchen with a worried look on her face.

## Pulling my hand away, I remember warm blood flowing down around my hand and watching it drizzle on a few knives and seeing the drip drip of blood start to run off my hand and into the foam in the front right of my knife case. Thinking fast as it was making a mess on some of the knives inside. I realized I now also had to clean my case up too.

I was looking especially at the sharp pointed scraper on the centre of my knife case and glancing down at a paring knife in the middle that had some skin still on it. I swore (mainly because now I've got to clean my organized knife case) and Jennifer said, "What's wrong?" I clearly remember the shocked and drained white expression on Jennifer's face when she looked at the blood on my hand.

"Nothing, just being clumsy and nicked my knuckle" Seeing the worry on her face, I honestly replied, "It's nothing to worry about, I've cut myself far worse at work."

## Jennifer rushes off to the bathroom. I follow after her but stop at the hallway closet and pick up a white facecloth and then return to the kitchen and turn on the faucet tap. Putting my hand in the water, I clean it and then press the wound close with the cloth.

## Closing the case, I remember the blood on the foam and the scraper on the lid that I'd have to clean along with a few knives that got dribbled on with blood, Oh well, later after I fixed my cut!

## Thinking to myself, basic first aid, I wonder where my crazy glue is at. Not quite sure as I rattle off a list of possible locations and realized that it's most likely in my car glove box with my fist responders' kit.

## Unfortunately, it was parked at Jennifer's parents. Oh, well. I'll have to get two more, another for the house and one more also for the Explorer.

## Jennifer came back from the bathroom and gave me a few bandaids. Jennifer standing in the kitchen by the sink is watching me clean the wound "That's going to need a stitch or two, I know." Jennifer is getting even paler now seeing the blood running freely down my knuckle and into the sink.

"Naw, it's just superficial, I've had far worse." I told her, I'll just clean it up.

## Which is true, thinking back to when I've worked for NAP Windows and Doors a glass factory and had some real gushers and even at Plastalene Ontario Inc., a plastic extrusion factory and sliced my leg and hands on the knives there used for the plastic rolls and sheets and a few mishaps at different works while working as a chef.

That is where I learned to use crazy glue to mend glass cuts I get. It's common practice to carry a bottle around with you at work.

Looking at my hands now, I see that they each are covered with many dozens of scars from glass and knife cuts over the years. Twice as many scars adore my right hand versus my left. That's because I'm left handed. All the ones that I used crazy glue to fix healed better and with less scarring than the ones I went to the hospital to get stitches for. So overall, I prefer crazy glue.

Panicky, Jennifer almost yells at me "No, it needs stiches and a doctor. Let's get everyone ready, you are going to the hospital right now."

## Wow, this was another side of her I didn't know, very protective and concerned.

I did not think that this required stiches as the cut was very superficial and not very deep. It looks more like a paper cut on the surface. I've had lots of stitches before and did not relish the long waiting times at hospitals. Especially when we were going to Victoria so very soon.

"OK," reluctantly, I agreed to go and get it looked at and so we got the kids up, winter dressed with our warm jackets on.

Stephanie asked me as she was getting up "Are we going to Victoria, Dad?"

"Not yet, I nicked my hand getting breakfast ready and Jenn now thinks that I should go to the hospital right away to check it out, it's OK though." I responded to her.

I felt bad that the girls were not able to get anything to eat yet and the hospital might be a long wait. We went downstairs and outside to the Ford Explorer. I was carrying Nathan in one arm and Kimberly was holding my other hand and Jennifer holding Kimberly's other hand and one of Stephanie's hand too. All of us were in a line. We all held hands crossing the slippery icy parking lot to where the vehicle was.

Stephanie went around to the passenger side with Jennifer and got in behind her, just like she always did when we travelled together. Nathan, I lifted and put in the middle into his car seat. I then lifted Kimberly who was now holding my pant leg and put her into her booster seat behind my driver's seat. Buckling in all the kids in their seats I closed her door shut a little too quickly, I slipped on the glazed ice by the car, and swore as I tumbled down.

## Taking a deep breath, I remember the bandaids inside my ski jacket pocket and took out two of them. I put them on my knuckle right then and there. I was going to drive and could not hold the face cloth and drive at the same time.

Getting inside the car on the drivers side, Stephanie was a bit upset on my language so I turned around and looking at her and Kimberly, I apologized for the sudden outburst, explaining "Sometimes when people fall or hurt themselves they swear, sorry."

## Stephanie pursed her lips but did not say anything more, so leaving it at that, I started the car up and off we went.

Starting the car, I slowly rolled the vehicle out of the iced glazed parking lot, driving just next door to the hospital. Looking at my hand, the bleeding had nearly stopped. My mind starts thinking about going over to the 7 11 Store at the end of the block and buying some crazy glue.

## This way I could avoid a hospital stop and some expected bad stitching that always follows. Hospitals don't like to use crazy glue. Thinking about this, I believe crazy glue was invented for soldiers to carry on the battlefield for their first aid as a rapid way to repair and stabilize an injury.

## I raised the idea of stopping at McDonalds for pancakes first for my worry was that kids still did not eat breakfast this morning "How about McDonalds first, pancakes?" I ask.

## Jennifer swiftly responded "No, first we get your hand looked at then, Nathan goes to day care and then we can grab breakfast at mom's Subway... I need to see mom before we go to Victoria to pick up Nathan later."

"Ok" I reply. Being inside the vehicle, there was no smell, stains and dirt marks at this time that I, Jennifer and the girls noticed. Had there been any stains, they would have pointed them out to me immediately, that is for sure.

Driving passed the first entrance to the front of the hospital I was thinking of going to the family doctor clinic Jenn takes me to down the block to get her Depo Provera shots but, Jenn said, "No McDonalds, go to the hospital Kelvin Purdy." So I turned right at the end of the property.

Jennifer using my full name meant she thought it was serious. Just like my mom when I was being scolded as a child. This road led to the emergency entrance and parking lot in back.

We arrived, piled out of the car and noticed that it was a bit busy, after a brief chat with the nurses, telling each exactly the same facts of how I nicked my knuckle getting my whisk out from my knife case and the lid closing on my hand. Jennifer impatiently said, "I'll take the girls and bring Nathan to his day care, you should be done when I get back, bye hon."

As soon as she left with the kids, the doctor came and asked when I cut myself and I told her about an hour ago, since that time, I'd been here at the hospital for almost an hour waiting. So that's nearly two hours. She wrote down her own estimated time of two hours earlier. I believe that she thought that it was an hour before I arrived at the hospital and not the hour we were here.

## From cutting myself to being at the hospital, I don't think more than 10 minutes went by as we lived right next door.

She sat down in front of me and was about to stitch the cut when I asked her "are you going to clean this?"

"No, not normally one this fresh, it appears clean." She replied.

"I fell getting here earlier." I told her.

Then she took out a bottle of cleaning solution and gave it a squirt and looked inside and around the cut. She commented "This is unusual; I don't see many cuts on a right hand, can you flex your fingers?"

"Oh, I'm a left handed Chef." I respond while flexing my fingers.

Pulling the skin and poking inside the knuckle, she smiles "That makes sense. Well, it's not deep and it did not cut any of the muscle or the tendons. This is good, it is just superficial and will heal nicely." She told me.

She quickly gave me six small stitches and cleaned the area and putting a bandage on the wound sent me home saying "Keep the bandage on for seven days, come back and I'll remove them."

"Thank you," I respond; looking in the lobby, I fail to see Jennifer or the girls so I left the Duncan Hospital. Going outside, I see Jennifer in the parking lot talking to a police officer.

## Smiling, and thinking that her heavy foot had finally caught up with her, I walk toward her and call out "Hey Jennifer, did you get a speeding ticket?"

As we live near three schools, the police I noticed are always around waiting and ticketing speeders. Knowing Jennifer liked to drive quickly; I naturally assumed she had finally gotten a speeding ticket.

I remember coming out of the hospital, seeing Jennifer Whyte, my new fiancée, talking to the police. She reminds me of actress Brittany Murphy, with her round eyes, slight body, wavy hair and blunt language, my rescued tomcat.

Seeing her warm breath swirling around her head and filling the cold winter's air, my heart skipped a beat. There was worry on her face.

Still smiling to myself, I thought that she must have been back from dropping off Nathan Whyte, my new stepson off at his day care. It was still cold outside and freezing, I tucked my hands into my red and black ski jacket pockets to take the morning bite off them and continued walking toward the two of them.

As I approached her, I reached into my pocket to take out my keys. She appeared sad with tears streaming down her face . I asked her again "Hey Jen, you get a speeding ticket?" as I chuckled to myself standing beside the Explorer and seeing my girls at the window poking their heads out, eyes wide and listening.

"No, it's Denise..." Jennifer replied.

The officer standing beside her turned around and asked me "Who are you?"

"Kelvin Purdy, why?" I happily replied.

"We got him, your under arrest" the officer replied and to someone behind me.

What, me?

For what?

I felt another person behind me, putting his hand on my shoulder, not turning but feeling cornered, I stammer "What...about my ex, Denise?" I did not like the tone in his voice.

My kids looking on with shocked expressions on their face from the rolled down back seat side window of the Explorer, both hearing and listening to what the officer was talking about to me, literally two feet away as I stood by the car.

"Denise Purdy is dead, you killed her," the officer said loudly and bluntly.

What?

It is not true.

I just spoke to her the evening before.

What's my fault?

I had to think this through.

I didn't do anything.

All I wanted was to talk to Denise, my ex wife and clear this mess up "Can I talk to Denise..."

## I am told now, wise people are happy, and happy people don't get angry.

It still did not register with me that Denise was dead.

Suddenly, my children hearing their mother was dead, they started screaming hysterically.

The officer yanked my arm around my back and slipped on handcuffs. Now my kids both realized I was the one being arrested, that their mother and my friend was dead and the police thought and just told them that I did this terrible thing.

My kids were raised to believe that the police do not make mistakes. Yet a huge mistake was happening!

Shock and disbelief hit me as I was the one being violently dragged away from them and the officers are telling them aloud that I did this untrue and terrible thing.

No counsel nor was a police warning been issued yet (to this day). I remember the arresting officer handing what appeared to be a business card to another officer who had his hand on my shoulder.

Later in court, I learned it was an arrest card that dictated what the arresting officers were to say and do to their suspect.

"Take this," the officer said to the other one with his hand on my shoulder "I'll try to calm these kids down if you put this bag of shit away." None of the officers read aloud to me what was on the card. He just pocketed it and pushed me forward.

"We have to take this bad man away..." I heard an officer tell my kids as I was being pushed and herded away in shock.

All I could say was: "No, let me talk to Denise." I could not fathom that my best friend was dead. I did not believe it. All I wanted to do was get to a phone, call Denise, and have her straighten this mess out. This could not be true as I just spoke to her last evening.

I glanced at the police who were looking on with smug expressions of delight and them smiling at me. My only choking reply was to say again: "No," and try to yell to their poor frightened faces as I was being dragged away, "Girls, don't worry, I'll see you soon, you shouldn't be arresting me!"

I was pushed, shoved and quickly herded toward and in what I made out to be a police car in the parking lot. My questions remained unanswered and so fell on deft tunnel vision minds and ears.

"Don't hurt my daddy!!! Don't hurt my daddy!!!" That was the last memory of my two youngest children, their terrified screams piercing the chilly winter morning air, right across the winter's ice glazed Cowichan General Hospital parking lot in Duncan, British Columbia, Canada. A final fleeting glance, round watery eyes of my nine year old Stephanie and three year old Kimberly, both sticking their heads out of the back windows of the blue Ford Explorer. Their alarmed cries were repeated over and over as the RCMP rushed, pushed and then slammed me into the back of the cruiser without reading me my rights and telling me why.

"Get this piece of shit out of here," the officer remarked.

All I could feel between the plastic seats the hard gritty sand between my hands pinned under my legs against the biting cold handcuffs. It was 9:00 a.m. December 12, 2003; I caught a whiff inside this police car of old urine and cigarettes, my head and wrists started to hurt badly.

Why are they still arresting me?

I had to talk to Denise about this.

The car started and leapt ahead, jostling me inside this cold metal cage.

My wrists were now being sliced open by the metal and now I could feel them freshly bleeding from the cold metal handcuffs uncomfortably tight behind my back.

My racing thoughts were that this mistake, it would soon be corrected, like in an hour or two, or later this day.

Still, numb from being treated like dung, my only worry at that time was for my poor children upon hearing all those hateful comments from the arresting officers.

As the landscape rushed by, I allowed all my anger and grief to surge forward to give me the strength and courage to go on.

Leaning my head against the window, looking at my now pale reflection, red ski jacket, light beige turtle necked, blonde short hair, clean shaven, dark amber eyes, feeling nauseating as all this slowly all sank in.

The car jostled to a stop at the Duncan RCMP police station.

Being treated still just like an animal, passing through the gates, felt like being swallowed completely whole. I was being herded immediately into a dirty Duncan RCMP city cells just around the corner of the counter.

Why was I being treated like I did something wrong?

I remember that fateful time, my first time in a jail, it returns in flashes some evenings. The iridescent lights a constant headache with their constant humming, never to be turned off.

Moments later, I was taken out and several photographs were taken, myself leaning against the wall. I was again herded back into the same dirty cell, looking at the floor, covered in dry mud, pubic hairs and pieces of used toilet paper scattered.

A pigsty or farm animal stall would be cleaner.

Smelling the puke from the toilet that was unflushed, bile rose in my throat and I choked it back down, not that it would make any difference on the floor of this unbreatheable cell.

"Strip," the officer who pushed me from behind said. So complying, I was forced to strip off all my clothes and they were all placed into one black large garbage bag. Another officer took pictures of me while at different stages of undressing.

I still had not seen or been shown or given a copy of the warrant for my arrest and this I felt was wrong.

Why was I the one being stripped?

Then, one of the officers said, "We better separate all his clothes." Then they then dumped all my clothes out on the cell cot, and then one at a time separated the articles into smaller bags.

Not very sanitary work to say the least.

None of the officers that I saw wore the required white bunny suit to protect from cross contamination from other occupants. I wonder who was on the bed and in this cell before me?

With all the crud, you would think that someone would hose it all out before subjecting someone to the diseases and critters that I saw lurking and scurrying across the floors here.

Afterward, an officer gave me a paper white bunny suit to wear saying "Just until some clothes are delivered for you. Oh, your lawyer called, he'll be here soon."

This was news to me; I did not have a lawyer except my Pre Paid Legal Lawyers.

I had just become a Manager for this organization and was selling Pre Paid memberships for counsel representation and assistance at a 25% discount. This was a new insurance that people could buy and I had just become qualified to sell these and I could make a yearly commission on selling the legal plans.

I still had not been able to contact PPL Services and discuss my case with them and for that matter, sent in my change of address and banking information that was sitting on the counter.

Being very confused over all this; I needed to contact my family, for they will try to help me sort out this terrible mess, and talk to Denise.

I was brought back to the counter and told to sign under duress, a form called a C 13, Prisoner Effects Sheet... it was blank.

"We'll fill it in when we go through all your stuff," the officer tells me. Believing him, I signed the form and smartly beside my name, I wrote down 2000, this indicating the approximate amount of money I still had in my wallet and the RCMP were starting to count and whistle over.

I exact amount was $2036.00 that took into account the two coffees (includes .50 cent re fill) and milk as I remember that I started and counted out $2045.00 earlier this fateful day along with some coins for change.

I was then ushered and placed into a small room with a chair, a telephone rang attached to the small table.

Picking it up, I believe on the other end was a judge who told me that the police would be holding me longer than the regular seventy two hours as court was scheduled for Tuesday (today was Friday).

I replied, "What for?"

"What, they didn't tell you?" the judge snapped back at me.

"No, I don't know." I clearly said, all the while wondering who this judge was and when I could leave and get back to my kids.

"You were arrested for the murder of Denise Purdy, your wife," the judge responded. I have asked the Crown for a transcript copy of this taped conversation but still have not received a copy of it to date.

"My ex is dead?" I choked back a sob, this was just now finally sinking in. I was not going to be able to talk to Denise and clear this up.

I still remember Denise telling me late yesterday evening on the telephone that she loved me, she had told me that Charles had hit her and now she wanted me home with her.

"You'll have court on Tuesday and bail then, OK? Do you have a lawyer?" the judge said.

"Yes, PPL, That's Pre Paid Legal Services, the police have my wallet and the card for them is inside it." I responded.

"We'll get you a lawyer." The judge replied and he hung up.

My choice of trial legal counsels was Pre Paid Legal, Watson, Goepel and Maledy.

So, remembering all the TV shows and movies and lawyers always saying: "Don't talk to the police without counsel" I remained reticent.

I was seething in anger and frustration at being wrongfully accused of this.

What could I do?

Again, I was taken back to the dirty cold cell.

This was my first time in jail and now inside a prison.

## Then just as suddenly as the call started the phone clicked off. It was short and to the point. Now I have a judge telling me what I know I didn't do! How messed up is this? Everyone is assuming that I did this horrible thing! Yes, explanation points, I felt it was the end of the world!

Being ushered back into the same dirty cell, the whole world seems to have crumbled down upon me. I was in shock. It was just sinking in that Denise had likely passed away. I shook my head, tears were welling up, and I choked back a sob.

## I needed to remain calm and to see proof. I still did not believe that Denise was gone. I truly expected to see a candid camera crew come out. But, this was beginning to feel real, I felt I should have a lawyer.

## I wanted to make sure my kids are taken care of for the next few days until this mess could be sorted out. I need to prove my innocence, but how?

## Needing more information, like how she died, are there other suspects, where was her boyfriend Charles Panet this morning?

I wondered over and over in my mind, how and where she could have died. It does not even seem real that it could be true. I just talked to her last evening. I wanted some answers now.

Time went by, maybe an hour or two, then the police came in and told me my lawyer was here, (It was their choice of counsel) Mr. Stephen Taylor.

This was clearly not right. I asked him "Do you work for Pre Paid Legal? Because I left a message but have not been able to talk to a lawyer with them yet."

"Yes, I do work with them, I'm your lawyer." Mr. Stephen Taylor responded.

"Is my ex, Denise really dead?" I timidly ask.

"Denise Purdy died at around 6:20 a.m. on LaSalle Road on her way to her bus stop," Taylor replies coolly. "You are going to be moved from Duncan to Nanaimo, when you get there, don't talk to the police. They will try to put officers in your cell posing as inmates, and you need to call me as soon as you arrive in Nanaimo, O.K.?"

Right then I knew that I would not be let out soon or even today. I knew that I had proof of innocence. I was on video tape at the Payless Gas Station getting a newspaper at that time.

I remember that I arrived there around 6:33 a.m. and Taylor can help me with this. "I was at the Payless Gas Station in Duncan at that time, check the videotapes."

"Oh really? I'll look into that. I want you to call me when you get to Nanaimo." Taylor responded.

"Sure, but I don't have your number." I replied.

Thankful that finally, some information is trickling my way. I have a time of death and where. Now, all I needed was who could have done it.

I was feeling a bit dizzy, queasy and affected by nausea at this time just thinking about Denise and what Charles I think did to her.

"Um, it's on the wall at the police station," Taylor replied, he still did not give me a business card nor did he tell me his phone number.

## Feeling more comfortable now that someone has finally arrived and would listen to my pleas and maybe my side. Going over what I just heard Stephen Taylor inform me, truly shocks me. I am listening to him, but now only catching parts.

"... going to be transferred to Nanaimo and as soon as you arrive, I want you to call me, my number is on the lawyer list on the wall in Nanaimo RCMP cells. Remember, do not to say anything to the police and keep your mouth shut..."

OK, just like the television shows I remember watching.

"...and ask to have me present for all the interrogations or I should say interviews," Taylor concluded.

## This was a nightmare for me. But I believed that once the videotapes were looked at I would be able to go home and comfort my kids and family and search for the real killer.

## All this sounded reasonable and so choking back a sob, I agreed and told him "I've seen CSI on TV and realize the games that the cops will try to play with suspects. Taylor, if Denise died at 6:20 a.m., I did not do it. I was at the Duncan Gas Station at that time, plus Jennifer pushed me out of bed this morning at 6:00 a.m. to feed and change Nathan. Won't she obviously will be questioned and tell the police this and re confirm my proof of innocence and let me go?"

## I continued "Fact is, I never left Duncan all morning, and proof is that you can get the video surveillance at the Payless Gas Station beside the Subway here in Duncan, I was there for about forty five minutes from around 6:33 to 7:15 a.m."

## My heart was pounding faster; this was my proof of innocence.

## I did not know how to express my dislike at being accused of this heinous act and I wanted out right now. I had to refute this.

## Realizing that the cops were just doing their job and what made me feel good was that Charles Panet was probably going through the same thing but he was probably going to stay in jail for what I believed he did and had arranged done.

The only thing I knew was that I was innocent; I was on video surveillance in Duncan at the time in question.

Nobody I thought could change that fact.

I resolved to be the eye of this storm. The calm, low pressure area around which the cruel storm winds resolved.

## This was a 'no brainer' for any competent and honest cop, lawyer and judge to see.

## I felt I would soon be released on my own recognizance and able to comfort my kids and make funeral arrangements for the memorial, burial in a plot near Nanaimo. Now I was thinking that I had to arrange to move back to Nanaimo earlier than expected, into a three bedroom place with room for Bartolina along with the kids too, maybe a four bedroom if one was available.

My thoughts were racing as the implications of all this was sinking in.

## I needed and wanted justice. I had a burning desire to comfort and hug my two kids and help them through this and to attack and bring to justice the person that did this to my family but, I needed to get out first and given an opportunity of being presumed innocent.

"Oh, really? Payless videotape, Duncan. I'll look into this." Was Taylor's cold response, as he got up and went to the door.

"What about Charles Panet, did they arrest him yet?" I ask.

"Charles Panet, no, no, he has a perfect alibi, he was at work at BC Ferries so it couldn't have been him." Taylor tells me.

I was in shock, I thought he was the one, as he assaulted Denise the evening before and Denise had broken up with him. It didn't make much sense. I started to think about all this some more, something just did not sound right. Holding my breath, I stopped breathing for a moment; just the thumping of my heart was all that I felt. I knew that given some time, this troubling bit of information would sort itself out.

## Exhaling, I realized that not once during the brief one sided chat did Taylor ever ask me if I killed my best friend Denise and who I thought may have done it. Me shaking my head in the negative, Taylor not waiting for a oral response, left and the door clicked shut. Suddenly, just as quickly as he arrived, he had left me, I felt alone and cold all over as the Goosebumps arose to cover my arms and then my entire body.

I was so furious, nobody was listening to me, no mention of a bail hearing, and now I had to spend a sleepless evening at the Duncan cells, wearing only a paper white bunny suit. I felt I had a lawyer that did not seem to care about me cared whether I was innocent or not and then go to Nanaimo for a few days of interrogation.

I was now a victim too, but of RCMP tunnel vision.

## The cell was damp and dirty, I was given only a thin dirty grey wool blanket for warmth that evening. I remember the lights, always basking me in their annoying humming and iridescent glow all evening long. I did not sleep that evening, my eyes were full of tears and with nobody to talk to and comfort me. I opened up and cried to myself over the reality of my predicament and the loss of my ex wife.

## Being placed in the same dirty cell I was stripped searched in earlier, I wept over the loss of Denise. Over the evening I saw a Black widow spider run across the floor, up the wall, pause, run again, circling all evening long. Watching the darting of this creature, hearing the radio and television that the officer on duty was listening and watching "...disgruntled workers...CUPA..." I suddenly realized what was bothering me.

## BC Ferries was on strike all week!

It was in the newspapers and on television again.

## How could Charles Panet be at work until when the workers are on strike and have been all week long?

## This I had to ask and tell Counsel Stephen Taylor next time I saw him. Charles Panet lied to police about his alibi, that's obstruction of justice in a murder investigation.

## Now, my mind raced, going over in my mind lighter and darker thoughts: This can't be happening, what exactly did Charles do to her? Was it one of his biker associates? I know I didn't do this.

## I began to wonder, could Charles have done this? The cops better catch him and check this out before I do and raise a stink about it.

## Eye for an eye, revenge, more dark thoughts. I felt I had truly found and identified the culprit of this homicide, Mr. Charles Panet.

Stop, I hope to stay clear of endless trading acts of revenge.

## I hope my girls will be OK. I think that with this new information that I'll be out in a few days and especially when any DNA is tested as it will clear me, and sooner when they get and watch the video surveillance tapes and see that I was in Duncan and never left.

## My mind did not have much to go on at this time, just the fact that I know I should not be the suspect and I knew that justice would be fair and quick. I knew deep down in my body that I would be out of here soon as the police do their jobs and will learn they have the wrong guy as it could not be me.

How blind I was.

Jennifer must have been told to drop off some clothes for court for me in the morning, as the RCMP officers made me change yet again into different clothes from home. I wish I could have showered after this horrible night in puke smelling drunken tank but the officers said no to my request.

## The next day, 13 December 2003, I was transferred to Nanaimo RCMP cells. When I arrived I asked "Can I call my lawyer?"

The officer that transferred me, Rupa taking off the handcuffs, replied back "Did you see your lawyer yesterday?"

"I saw a Stephen Taylor," I immediately shot back.

## Cst. Rupa "That's good enough for a piece of white trash like you, this way." He gave me another shove down the concrete hallway toward one of the damp Nanaimo cells. It felt almost like a punch but it did decelerate so his shove border lined in that grey area.

Now, I was being silenced, by apathy and fear of physical assault. I could not believe how racial this cop was to me. I thought cops were impartial and unbiased.

## Fuming over this refused counsel access and now being shoved, I kept my frustration and urge to sock this guy in check.

## Right then and there, I knew this guy was very prejudiced. He does not even know me and he seemed to want me to respond to his shoves. I was not going to give him the pleasure of any response.

So, here I was in another wet and damp but two bed cell with a camera in the corner facing the cold metal toilet and sink. There was a pubic haired blanket on the side of each bed, a foam mattress about two inches thick that collapsed to almost nothing with a little pressure on it, hard and uncomfortable.

After a few hours, of staring at a blank wall and sobbing and crying over the loss of my best friend Denise. I was an emotional wreck. My emotions were getting the better of me. I was then, transferred to another cell right beside mine with someone already in it.

## This obviously was an undercover officer pretending to try to be a convict as Stephen Taylor told me they would do.

I tried to hold my sobs and tears in check and just lay in bed, now just fuming at the waste of resources the police were using and not fining the killer. I kept thinking that when I get out, I'll get the answer from Charles Panet, because I know he had something to do with this and knew who did. If I had to beat it out of him, I would.

Remaining mute, I ignored the questions this guy asked me and just sat on then laid on the dirty cot and put the musty and hairy blanket they supplied around me for some kind of warmth. Dark ideas kept popping into my head, thoughts on how to exact revenge on the person responsible.

Movies came flashing to mind and how those actors found the courage, technique to right the wrongs done to them. I thought of the movie: the Shawshank Redemption, the Green Mile, the Longest Yard and Frantic, the Hurricane, Erin Brockovich, The Thin Blue Line.

Then again, it is a slippery slope down this path.

How do I prove myself innocent?

That was my thought.

How are my kids coping with this?

I felt that they needed me and I wanted to comfort them in their time of need.

## Now, my hand was hurting me some after the trip and my wrists had stopped bleeding from being cut. I was able to massage after being scrapped from the handcuffs were finally not throbbing so much. I noticed that the grey Chateau wool sweater had new blood stains around the wrists area from the metal handcuffs.

## I was feeling very mad now inside but sombre. I kept it in check.

How can they treat an innocent person this way?

## I want to talk to my family and find out what really happened. Patiently, I wait for answers to come. Keeping my eye on the stranger who sat on the steel cot bolted to the wall next to mine. This guy had the air and look and so was most obviously a cop.

A few hours later, another officer came in and asks me "What number is your lawyer?"

## Being angry, I told him "I do not know, but it's on my Pre Paid Legal membership card that was taken from me in Duncan, my attorneys are in Vancouver: Watson, Goepel and Maledy but someone called Taylor did speak to me yesterday and he told me he works for them and his number is on the wall."

The officer said, "Good, we'll get him for you."

The police brought me back to the cell, then a few minutes afterward, they opened the cell door and put the same other undercover stocky built person in the cell with me. He sat on the bunk across from me.

This officer tried to chat with me, but I ignored him and did not even say 'Hi' to him. It appeared to anger him a lot, being ignored.

## To everyone, I was going to be a mute as my counsel access was being denied so soon to me. I still had not been read my legal rights and I had been denied access to counsel.

Hours passed in this cell. Then two officers came in and grabbed me and brought upstairs for an interview. Going up in the elevator we went. Before entering, I asked the RCMP officer who appeared to be the same officer that brought me here from Duncan, a dark skinned East Indian who later I learned was Cst. Sorab Rupa and he was in charge of this investigation "My lawyer Stephen Taylor wants to be present for my interviews."

## Cst. Rupa gruffly said, "Hmm, I'll see what I can do."

## The lawyer assigned to me by the RCMP never showed during the initial four hour interview in which I stayed quiet as I was waiting for my lawyer to come and be with me during police questioning that never happened.

I remember being shown gory autopsy photos, crime scene photos and it slowly sinking in that my ex wife was actually truly dead. A pungent tang caught at the back of my throat, dizziness subsided. These peoples think I did it.

## Again I contained my crying after seeing the proof of the death of my ex wife Denise. Choking back sobs, my nose and eyes started running like a hydrant. I felt like I'd been swallowed whole and my world had collapsed.

## My heart was pounding faster and faster, I was sad and angry both at the same time. I clearly wanted to exact some kind of revenge. I wanted to be put in the same room as the person who did this terrible thing to my friend and ex wife.

Being an emotional mess and frustrated that I was detained. I did not understand why I was not allowed counsel to be present now and I was worried how and what my kids were now thinking of me being detained in jail. I felt so alone, I needed some help.

During questioning, not once did any officer ask me if I did this. The questions over and over were "Why did you kill her? We know you did it, just tell us how?"

## Over and over they prodded me with these false assumptions and I just shook my head, cried some more and went through a lot of tissue for the tears rolling down my face and runny nose all the while shaking my head in the negative that I did not do this!

Looking back on all this, I do not know why someone would not take the position of the Devils advocate and take my side. This should be a requirement in all investigations to weed out wrongful incarcerations.

Why not assume the person in custody is innocent?

## I was hopeful that they would stop wasting their valuable time questioning me and go after a real suspect like Mr. Charles Panet.

Are the RCMP that incompetent?

## After four hours of intense interrogation and denied sleep and food. I was then brought back downstairs to my cell and put into the same cell with the same undercover officer.

## Moments later, another undercover officer joined us to make it three people in a two bed cell. This other taller and thinner undercover officer tried to talk to me and getting no response changed his acting tactics by pretending to know the other fake convict.

They rattled back and forth, on and on, in summary had changed their story many times from not knowing each other to seeing each other on the ferry and then growing up together. Nothing made much sense except that they were very bad actors at role playing. I had experience being an actor and movie extra for a few movies and commercials. You learn bad ones from good ones real quick in the industry. These were bad actors.

I dried my tears before leaving my cell, where I learned about bad cop, taunting cop interrogation.

## Just before my second interview, the taller one leaned over and while stepping and pressing on my injured hand, threatened my life as he told me "When all this is all done, you're dead! "This did terrify me quite a bit.

My mind races over this mental torture and inexcusable behaviour on the part of the RCMP. Here I am, in RCMP cells and the RCMP are threatening to kill me.

This was very malicious, reckless and negligent conduct by these officers and unfortunately it would not be the last for the Nanaimo RCMP in my case.

Then, sitting in the damp grey cell after several more hours with the lights always on and being deprived of quiet and sleep now for the third day, I was taken out and interviewed for around eight hours. Not once during those eight hours was I offered water, food or rest. Again, I asked for my counsel to be present while in transit in the elevator and was denied even this.

All I wanted was to tell my counsel about this first of many threats on my life and the denied shower, change of cloths, adequate food and sleep.

## So, I made sure I was inside the interview room before asking a third time and knew it was now on videotape of me asking for counsel and the RCMP not getting me and having my counsel present for the interviews.

Why have the police assumed guilt?

I do not know.

When I remember those times in Nanaimo RCMP cells, the undercover officers promised to kill me. Death threats from those charged with protecting us all. My hands stepped on, bandages ripped off and clean ones never put back on.

Days later to be again photographed by Cst. Dan Kingston on December 15, 2003, at 12:55, due to infection setting in my dirty hands.

I asked and was again denied a shower, soap, to shave, and even clean undergarments and cloths during the four days being held in RCMP cells.

Why are the police so nasty to me?

I still do not know to this day.

Thinking to myself, maybe it could be because of one of the officers that dated my ex wife was jealous that she and I reconciled in the past that prompted my return from Whistler and spoiled his fun and extramarital affairs.

I can only guess about the reasons and hypocrisy.

Again, repeatedly I asked Crown for the video surveillance tapes of all my cell time, as all the cells they housed in had cameras in them. However, still to this day, I have not been allowed these and for that matter, any file information on misconduct on any of the RCMP officers involved in my case.

I do know they exist, as I read the newspapers and come across articles about these same officers being reprimanded by judges and the public and cases they worked on being overturned all involving their tunnel vision and lack of honour.

## I remember that during an RCMPP interview, the police and Cst. Rupa in general, got very angry with me as I refused to say anything and was very reticent. But, I did write a short letter that they promised to give to my kids.

## Deep down I did not really expected them to but, I had hoped they would. This letter, to my knowledge was never given to my children to this date.

## Also, during this interview, Carmen Guzman, Denise' aunt from Ontario and the person who first introduced us together surprised me, I was overjoyed to see a familiar face and hugged her and mumbled that I did not do this and to check out Charles. Suddenly, being inside and hugging me she turned cold and tried to make me confess to this barbaric crime.

"Why did you do this, Kelvin?" Carmen prodded me. I could not believe that she believed that I could do this.

## What lies was she being fed by the police? I was innocent and did not do this.

## I shook my head negatively and then received another hug from her, I started to cry on her shoulder. This was just now starting to sink in as being my worst nightmare. I actually had lost a part of my family and I never even got to say goodbye to my friend and the mother of my two youngest girls. In truth, I was beginning to believe that this was not a prank at all and I was in real trouble.

## All those mixed feelings boiled up and now I had family to comfort me, yet I thought that she did not believe in my innocence. I was confused. My whole world had suddenly come crashing down on me.

## Dark thoughts boiled to the surface of me getting my hands on the person who did this. I still wanted revenge; I held it in check as my kids needed me and I figured that the RCMP would do their job and find the one responsible when the DNA cleared me and pointed the finger at another suspect.

In the end, I was able to get a few hugs and cry a little bit over the loss of Denise. I remember saying over and over to her that "I'll find the bastard for killing Denise, I promise."

## After this failed attempt to elicit the required response from me, the police then came in and had Carmen leave.

## Cst. Rupa entered the interview room a short time later and showed me a looped videotape, over and over again of my daughter Stephanie Purdy crying to the police while RCMP officers were unfairly and coercing by asking her over and over "How do you feel, if your father killed your mother?"

## I was so furious and angry that they could brainwash a child into believing this and especially to a very young nine year old child. Why coerce her to believe her own father was guilty of any of this? Any child, after losing a parent and being asked these questions over and over again, and seeing their father arrested, and especially RCMP in uniform telling them about their father killing their mother would assume that this truly was true, especially when they saw their father get arrested and taken away by police.

## Kids have been led by TV shows to believe that police that they only arrest bad people, and they don't make mistakes. This was easily seen by myself as RCMP brainwashing my child by arresting their father in their presence and dragging him away from their care and telling them falsehoods.

I understand that Stephanie and Kimberly would come to believe all these false allegations, to become true in her mind after so many years without contact with me and especially to have this reinforced by the police and Crown.

Cst. Rupa admitted to bribing Stephanie Purdy by giving her and only her a 'gift' computer system and furthermore other officers to showing Stephanie pictures of crime scene evidence and photos of blood smears and then telling her to redraw what she had just been shown, I believe that was clearing misleading and coercing a child. All the while eliciting a more favourable response from her for testimony which seems to be the norm for them when trying to set up to secure a conviction and close a file.

Tuesday, December 16, 2003, arrives and I am escorted to court and the judge refuses to address the bail issue for me and instead remands me into a place called VIRCC, which I learned stands for Vancouver Island Regional Correctional Center, typical of a Conservative judge.

I was witnessing first hand a failure of our justice system and now the start of tunnel vision by the RCMP and Crown.

Where were the other suspects?

Charles Panet seems to have been given a hall pass during the RCMP murder investigation by Cst. Sorab Rupa, why?

So much for the Canadian right to be presumed innocent. Especially when I know that there can be and is no DNA evidence against myself, as I was never in Nanaimo that fateful morning of December 12, 2003.

Off I go to with the Sheriffs to splendid isolation.

Arriving at VIRCC, I am immediately deprived of all my clothes, socks and underwear and given some previously used old underwear, old used socks, and two used tracksuits to wear while detained along with some Velcro strapped white shoes that have no support.

Being ushered down the hallway and into segregation for twenty four hour supervision. After a first night in what I felt was a fish tank, as it contained another camera, toilet, and mattress on the floor, no bed but one blanket for warmth.

In the morning, December 17, 2003, I get to leave my cell for one hour of exercise and to use the telephone and allowed to take a shower. After five days, it was the nicest shower I ever had. I was given a mini toothbrush to use and a small tube of joint toothpaste that tasted like fluoride chalk.

After a few more hours in the fish bowl, I was escorted and placed in the general population. To pass the time, I became a cart pusher. That was my inside job, bringing the meals back and forth. With these limited funds, I was able to buy stamps to write home and put money on a phone card issued.

Sometimes I woke up believing there was a chance that things could return to the way they were before. Reality sets in. Someone will cough on the range, swear, and kick a door.

At night, the officers bang their metal flashlights on the doors and shine their blue white beams on your face until you wake up. Sometimes I look up, sniffed and just shake my head.

I read in the library and go to school to get limited access to the computers. I work on my case, filling my diary and writing events as I remember them. I read up on legal publications and the rules of the court. Bringing the order of just, as the cause is most worthy in my eyes.

Taking the fight to my confederate foes.

Again, three meals a day, lukewarm at best.

Nevertheless, substituted by canteen purchases for those like myself now with some money, I buy tea and vitamins my body craves, being a diabetic, I avoid most of the sugar items that seem to make up most of the canteen list.

After a few days, I get the opportunity to talk to my kids, I wanted to reassure them and tell my side. To let them make up their own minds on this whole mess. I know that the police had been feeding them lies about me and that others were writing colourful stories about me in newspapers, just trying to paint me in a bad light.

Nevertheless, I was never allowed to talk to them and when I was able to call their house, Carmen Guzman answered and asked where I was "Victoria VIRCC, Vancouver Island Regional Correctional Center, can you put the girls on please."

She then immediately hung up and so she would not let me talk and call back to them by placing call blocking the VIRCC phone number.

I call and chat with Jennifer Whyte and learn some things.

She tells me that after I was arrested, they took the Explorer and then the next day on December 13, 2003, she dropped off some cloths for me at the Duncan RCMP and picked up the vehicle. She then tells me that she had to clean a new stain that was now on the passenger side dash. She tells me that it must have been pizza from the day before.

This is news to me as I do not remember spilling pizza and the only person on the passenger side was Jennifer for the last few days. I am sure that had any stain been on and in the vehicle on December 12, 2013, that Jennifer and Stephanie would have pointed it out right away and asked "what's that?" But this never happened because there was no stain that morning in the vehicle.

Jennifer tells me that after she picked up the vehicle the next day, she washed the vehicle, then when she was done. She was told to come down to the police station for an interview. She was told by Cst. Turton and Cst. Rupa that the new stain in the vehicle was blood.

This I knew had to be false, the RMCP still had not done any scientific analysis and were now telling a witness before they had any results disclosed to the defence. I remember the rush to hospital, that I drove from the apartment, held my lightly bleeding hand against my chest on the way there. I knew I did not put anything on the front passenger side, it was clean as I was the driver, Jennifer sat on the passenger side and later, Cst. Holly Turton admitted to being there.

Again, Jennifer would have pointed out any stain on the dash on the way to the hospital whether there was one on 12 December 2003. Jennifer only saw a stain on the following day, after picking up the car from the police station, washing it and then seeing it for the very first time on 13 December 2003. Then after this, she was again interviewed by the police (for the second time) and quite rightly told them there was a new stain that she had just seen that day.

She also told police that I was at home with her at 6:00 a.m. on 12 December 2003, and the police were angry with her for this. Her first two interviews with police were true. Jennifer also said that I never left for more than 45 minutes, way less than an hour and not the two hours plus required to drive to Nanaimo and back to Duncan. She was my proof of innocence the police coerced her to alter.

Someone obviously had put the stain there and it was not me and Jennifer. Where are the RCMP profiles?

I remember earlier that week seeing the Nanaimo Daily Newspaper photo of the crime scene and Cst. Holly Ann Turton standing on the sidewalk not wearing gloves and the white bunny suit and booties and another officer bending down at a light pole taking a sample and him also not wearing a white bunny suit. Therefore, I call and ask family to send in that newspaper clipping with the photo to me and any other ones they find.

I tell Jennifer "Don't worry; the cops probably put it there by mistake when they searched the vehicle. They will test it and find I 'm not a match and that it will match one of their officers probably due to cross contamination unless they put it there on purpose."

How could I get angry? One who gets angry is not enlightened.

A few weeks later, I received a no contact order for my own children from Carmen Guzman (aunt from Ontario) and Bartolina Marte Rosario (their grandmother). This was clearly unfair. I was not allowed to be present for the court hearing.

In fact, in the affidavits by them, they said that they did not know where I was and so could not serve me the papers so I could go to court. Funny, that as soon as they got the court order, they were able to deliver it to me forthwith by courier!

This no contact order was clearly based on lies from the start. Carman, lied by saying she would move to British Columbia to help raise the children but, she never did. As soon as the order was issued, her name included in the paperwork, she immediately went back to Cornwall, Ontario and has resided there ever since.

I cried that evening again, because I did not get the chance to say goodbye. My ex was taken from my children and now I have been taken from my children too. I know, one day I will find out by whom.

I dream at night of restitution and revenge for the wrong done to my friend Denise and me. That I will find out the truth, on why the RCMP did not do their jobs and who in authority deliberately covered this up and why. Who would not fantasize about true justice?

Family tells me that Carmen's visit to Nanaimo did not last very long. I was informed that she went back permanently to Cornwall a few days later, when she spent the money in the kids and family bank accounts.

During trial, I learned from my counsels that she apparently lied to the police along with the help of Charles Panet, about an alleged kidnapping involving her! She claimed that she was abducted and taken to a barn and $2000.00 was taken from her.

After a short police investigation, I learned from counsel it turned out it was all a lie to get money from victim services. Of course, she was never charged for this mischief and obstruction of justice in this during an RCMP murder investigation. Then after this incident, she fled back to live in Cornwall, Ontario and was not available to take the stand when I asked my counsel for this.

Strange that a person I asked for was never put on the stand especially when RCMP placed her in my interview room.

All the while, I thought it was Charles Panet, and still believe to this day that he has something to do with this and maybe one of his confederate RCMP associates and friends.

I can only guess that the Crown did not want proof in court that I was very emotional right after learning about all this.

While waiting for my bail hearing, around February 2004, Jennifer Whyte my fiancée told me, she was raped by Charles Panek who was apparently a security guard out of Vancouver and trying to become an RCMP officer.

This shocked me and made me mad. However, I realised that she had a part to play in this too, as she did go with him on a date and go to a hotel with him. She told me over the phone that they slept in separate beds but she woke up and he had forced himself on her.

Therefore, whether the rape part was true, I told her to call the police and charge the person, only then will I believe her. She never did so I do not want anything more to do with her ever again.

The bottom line, Jennifer Whyte has told me she had an affair with a security guard from Vancouver. Our relationship was obviously over for good.

Learning more over the days, I did not expect anything to happen, as this was clearly just to elicit a response from me. I overheard some questioning and prompting by Cst. Turton in the background during one of my calls to Jennifer. I asked who was there and she said, "Holly." This was my confirmation that it was Cst. Holly Ann Turton.

I felt that our relationship was then over.

All I could think about was that this informant was no longer part of my family. As Jennifer and I had no kids together, and she now appears to have recanted all her earlier statements to help herself in her drug and theft problems with the police that the RCMP has enticed her with dropping for a more favourable testimony.

The trust I had in Jennifer Whyte had evaporated, just like the trust with my ex wife Denise Purdy, and first common law girlfriend Kathleen Girard when I discovered that all three went out on flings.

When I learned Denise was seeing other people, we divorced and went our separate ways. That is why I moved on to Whistler and when we thought things could work out again for our kids sake, I moved back to Nanaimo and we tried to live together.

It did not last long, a few months later, I learned Denise was out again all hours of the evening and with different people she met at the gym. I just wanted someone to be faithful, kind and honest with me and in my bed with me each evening, and not for sharing with others. Stephanie told me "I haven't seen mommy in three days."

I asked the officers at visits for no contact order on Jennifer while detained at VIRCC and a week later, the Crown followed up and put a no contact order on me for Jennifer. I was the one who initiated it and it was turned around.

If they, the Crown and RCMP had bothered to check the VIRCC files, they would have noticed that I applied for it first and it was already registered and in place at the Vancouver Island Regional Correctional Center by my demand for no contact with Jennifer Whyte for all my visits, I never rescinded this no contact request.

I even remember after the no contact order was put in place by Crown that I was called down to visits and would see Jennifer there, I would smartly turn around and leave immediately, I had nothing more ever to say to this person, why was she even here in breach of the order I asked for and the Crown imposed?

Months go trickling slowly by.

During this time, I get to work in the kitchen first as a cleaner and then I move up through the positions very quickly as the chef there discovers I have talent cooking. The top position I end up sharing is making the soups for the entire population and help cooking the main entrées. I enjoy the work, as culinary arts are my field of expertise.

The Nanaimo court Registrars refuse to assign me a swift and speedy bail hearing and for that matter, they refuse to allow me to attend my children's custody court. I had to force Mr. Taylor with the threat on firing him so that he would be to do a bail hearing for me. His comments to me "They don't have anything on you yet; let's wait some more as nothing matches."

This got me even more upset.

All the while, smelling the booze reeking from Mr. Taylor's overcoat I knew this was a drunk representing me. I did not know what to do. Was this really my lawyer? Dread enveloped me.

Thinking and questioning myself, is this not the time to go for bail especially when RCMP and Crown has no evidence against you and especially when you know you are innocent?

I pleaded over the phone numerous times and in person when he would drop by for a visit that Mr. Taylor to arrange for myself to attend my wife's funeral and see my kids, but he refused to do so. I was shocked, my friend and wife of ten years was dead, and I was fuming mad at the police for not doing their job and finding the culprit and at being denied the right of being presumed innocent and attending my family funeral.

I remember Denise wanting to be buried in a plot of land near Nanaimo that we had visited. She wanted to be placed on top of the ground in a cement box. I thought it was strange, but I guess it was something that she wanted to have done. We had discussed burial options with the local funeral home where I learned she was to have her service.

Denise was against the idea of cremation and so was I. We both wanted to be buried on Vancouver Island in Canada. I still cannot believe how fast Charles Panet was to get her body cremated and avoid a proper autopsy to be done on her body. Something that I asked my lawyer to have done to prove the beatings she had and suffered and she told me of Charles hitting her the evening before.

Denise and I had both done up our wills after Kimberly was born and the lawyers ignored them. We both signed papers that our children should have gone and resided with their Godparents in Dryden, Ontario whether anything happened to both of their parents as had just happened.

I still do not believe that this has happened.

Being angry about the whole incarceration and unfair system but could not do anything. All I could do was write my thoughts down in my daily diary, maybe one day I could write a book about the unfairness of all this as I was a victim too.

Time trickles by while being incarcerated. I count the days of being innocently detained. I write it on the top of my letters I send out, right beside the date at the top. I told anyone who would chat with me, I was innocent and I know the Duncan Payless Gas Station video surveillance and DNA would prove it so.

Now my peanut butter and jam was going missing each morning. Yes, a small thing that needed to be fixed. Each morning the cart pusher gets out and places a muffin, peanut butter, two jams, two sugars and a creamer packet on the window of each cell. As each cell as two small windows in the concrete wall looking inside.

One window was filled of food for each occupant each morning. Lunch and Dinner were handed out and served from a large cart at the main door in front of the guard on duty.

So, after asking at breakfast tables whether anyone was taking my food and not getting an answer. I asked the guards to get another muffin and jams for me but they would not order more from the kitchen. Therefore, I had decided to fix things myself. I was not going to starve without reason and without knowing who the culprit was.

I waited until our next grape jam day and made sure I received my two. I went into the shower with a blue pen, blew the blue ink into one of the jams, and then went back to my room. I used some glue to seal it shut. Three days later, we had grape jam again so I switched my packs with the ink ones and had a shower.

Sure enough, I got out and back to my room, my breakfast was missing again from my window. I asked around and nobody knew anything. An hour later, I saw one of the people walking around with a blue tongue and told a few of the people that had been in for a while.

Everyone chuckled over the person and by the end of the evening, he checked himself off the range. I never lost a muffin, jam, peanut butter again.

## Months later, I find out that my case was being done 100% by legal aid and it was not allowed to go through any Pre Paid Legal lawyers. That was fine because I did not have the funds to mount a defence being indigent and detained. Had I been given bail right away, I may have been able to work and arrange loans for my defence and not been a burden to Legal Aid.

## Furthermore, I was being supplied a lawyer by the RCMP. I witnessed Stephen Taylor's lack of adequate legal help and defence prior to and eventually getting to my initial bail hearing.

## I phoned Mr. Taylor and when I asked why my bail was taking so long, his comment to me prior to this about getting a hearing was: "They don't have any evidence yet on you yet."

"Is this not the time to go for bail?" I asked, but all I got was silence of the other end and then he hung up. This did not feel promising.

I remember getting called to my bail hearing, a two hour ride from Victoria to Duncan to Nanaimo, and all the little towns between. I clearly remember that I was in front of the same judge that sat on my divorce hearing. I complained to Mr. Stephen Taylor about this in court that I thought it was a conflict of interest but, that too fell on his and the courts deft ears.

Now I get a bail hearing... finally, as I get to appear in person.

For all the good, it does me as Mr. Taylor does not once speak out and argue for my release. All he does is sit there and let Crown falsely belittle me.

Four family members offered with affidavits to put up their homes for my release at my bail hearing! Dean & Helen Purdy, Cathy & Duncan Tait, Leona and Wayne Whiting and Hal and Virgie Perkins. I am thankful for the support of my families.

Once I saw the judge, I knew bail would be waived. It would not be.

Stranger still was that this was the same judge that did my divorce hearing and unfairly stripped away my custody rights with my children and then imposed an unfair schedule instead of reaffirming a fair week on/week off schedule (that disrupted by Charles Panet) that we had been smoothly using during the summer of 2003.

I remember that this same judge also denied me my signature signing rights without just cause. Denise's lawyer, Stephen McPhee was very angry with me that I would not sign his altered court papers that were clearly incorrect and so got an order to forgo my signature from then on. How unjust was this?

To counsel, I requested the wording be changed to the exact wording of the courts according to the court transcripts and not to his own client favoured interpretation of the Justice's words at the custody hearings. That is why we have separate counsels to make sure things are fair and worded correctly.

I could not believe it, this judge would not give me time to get new counsel representation when I informed him my current counsel would not represent me. How unfair that I was not even allowed access to the courts duty counsel. Were they one and the same?

It felt cruel and unfair that my retained counsel took a retainer for representation and then on the custody court date asked me into his office just before court and informed me he wanted more money or he would not represent me. This was blackmail.

This was very unprofessional conduct on his part and seen as preying on the weak and indigent. I did not have time to arrange funds for him, as court was to start in less than an hour.

Given more time, I could have pleaded with family for a loan to be mailed to me. I tried to file a complaint against the bar on him but, I did not know how and who to complain to at that time and when I informed Legal Aid, they would not help me with this complaint. All I could think of was that this was another corrupt Nanaimo, BC lawyer.

## At my bail hearing, the Crown led a whole speech on why I was a danger to society and a flight risk and should be remanded into custody for trial and Mr. Taylor did not speak to defend me. I could not believe this.

## I could not believe this, I was not a flight risk, and I would gladly surrender my passport and go back to work to help support my indigent children. I was a loving father that had lost a friend and needed to comfort and support my children and move on with this terrible situation.

Still to this day, I have a burning desire and needed to find out who really did this evil crime and bring them to justice. Not only for myself, but for my children's sake and for all our family and friends peace of mind.

Thinking to myself, I had very few leads except the fact that Denise's boyfriend Charles Panet had deliberately lied about his alibi to the police and to the media during his TV and newspaper babbling nonsense interviews.

## All I knew for sure was that he lied; I had to prove it somehow.

## I know Charles Panet was telling everyone who would listen to him that he was at work at BC Ferries that fateful morning on December 12, 2003.

## This I knew was complete and utter bullshit.

## For a fact , the local media were very well aware that BC Ferries was on strike for the past week and had they done any investigative journalism, they would have found that nobody was working for BC Ferries except 'Scabs' (those who go to work against the orders of a strike by the union).

## The local media let this deliberate lie by Charles Panet go unchecked.

## Why was Paul Walton, the local court reporter, not following up on this?

## As far as family was telling me, Mr. Panet was not a Scab and he did not go to work on December 11th and 12th. Nobody has come forward that saw Charles Panet at the picket's that morning nor have they been able to pick him out on the December 12, 2003, surveillance video tapes of BC Ferries.

## This is a red flag in my books.

Very suspicious and red flag and I think worthy of an RCMP investigation.

## All I needed was to get a copy of his pay sheet by hiring a private investigator to get the physical proof finally that he deliberately lied to the police and that is obstruction of justice and the police could redirect their investigation and charges toward a more likely suspect.

## The judge asked whether there was anything else to add, the Crown Mr. GWilliam said, "No."

## Stephen Taylor remaining silent waved his head negatively. This really was a shock to me, I was innocent and so I raised my hand waved it frantically back and forth until the judge said, "Mr. Purdy, you have something to add?"

"I was at the Duncan Payless Gas Station that morning! There is a video and I am on it, can I have a copy of it? "

## The judge looks at Crown. "Mr. GWilliam, are you aware of this video alibi?"

"Well, yes your Honour, ummm we are aware of this video tape and are now looking into it." Crown admits to an alibi and innocence of their suspect.

"See to it that Mr. Purdy gets full disclosure, bail denied." The judge replied and left.

## This was shocking, I am innocent. I should have been granted bail especially when Crown admitted there was videotaped alibi evidence. This is very reasonable doubt. Am I not allowed to be presumed innocent especially with proof of being in another city?

Why not just defer bail judgement until seeing the videotaped evidence... or waiting a few days until the Crown could produce the alibi tapes in full DVD form. This the judge could then view for himself and if parts were deleted, he could rule in favour of my release due to RCMP tampering with evidence. Am I wrong thinking logically?

## The RCMP and Crown both know I was not even in Nanaimo at the time in question, they have the video evidence and the judge did not even seem to care and want to view a videotape proof of my innocence, instead he only wanted to keep me in jail.

## I expected a little fairness and that the judge should have ordered an immediate viewing of the tape in question and when he saw me arrive at Duncan at the same time as Denise was being assaulted in Nanaimo, he would have no choice but to order my immediate release. If the Crown failed to show the video, he should have given me the benefit of the doubt and ordered my release pending trial and full disclosure. Being indigent, he unfairly just locked me away.

## To this day, disclosure is still trickling in and I have not had full disclosure by Crown. In fact the police still have all my possessions that I had on me at the time of my arrest. My watch, my wallet, identification, clothes, computer they took from my apartment, and other items that they took. All were promised to be given back to me by the end of my trial yet I have not received any of my personal effects still.

I also strongly believe that the judge at my bail hearing should have been the first person to view the videotape forthwith and see first hand proof of my innocence.

Especially once its existence was made known and I clearly raised this fact at my initial bail hearing. I believe the judge should have ordered and been allowed to view the tape forthwith, he could have seen my vehicle, me arrive that morning at 6:36 a.m. The judge would have realized that at that time I could not have been in Duncan and especially in north Nanaimo at the same time a murder was being committed.

I strongly believe that the judge would have been forced to release me and order the Crown to drop all charges with photographic proof of innocence in another town presented so early in the case. The RCMP could have investigated and DNA tested to confirm that I was not the suspect as other doctors have since concluded.

The Crown should not have been allowed to suppress the video surveillance evidence at my bail hearing by saying it was being reviewed and made into a DVD, especially failing to supply a copy of it forthwith when asked by myself in chambers and again by the judge asking about it from Crown Hugh GWilliam. I believe the judge erred and he should have given the benefit of the doubt to myself, the accused and ordered bail forthwith in this entirely circumstantial case.

That would have been seen as fair and just in the circumstances. I am a law abiding citizen and would have gladly surrendered my passport and abided with any bail conditions the courts saw fit to impose.

This way, the police would have been forced to redirect their investigations to someone who either lied about their alibi to police (Charles Panet) and who was reprimanded for arming himself with a hunting knife at BC Ferries a week earlier (which he deliberately falsified in court about this reprimand) and could have investigated and DNA tested other suspects to find a possible one hundred percent match to the DNA found at the crime scene.

While waiting for the lab work to clear my name, the staff at VIRCC, called the RCMP and allowed myself to talk to Cst. Holly Ann Turton about getting my wallet, keys and money that I had on me at the time of my detention sent in to me. I was hoping for bail at a bail review and wanted my things.

Cst. Turton got on the phone with me and I heard her laughing at me. She told me that my wallet, $2,036.00 money and keys had been sent to Vancouver for DNA testing and I should try back in a month although she said, "You don't need it where you're going."

This Cst. Turton was someone who just wanted her very first case and file closed and did not care that I was innocent. Instead, I learned that she only cared for personal gains for herself by promotion. This happened when the case was over and I learned that she was promoted and transferred to Vancouver RCMP.

I waited patiently for the testing to be completed and then tried again. This time I was informed by her that she was not authorised to send me my money, keys and wallet with my identification. This was strange.

Why not? Everyone else detained was entitled to their property at the end of their trial.

Then I asked to get someone who was authorised to call me back about getting me my things and still have not heard from them to this date. I filed a complaint against the RCMP and part of this was the theft of my money and all items in my locked safe.

Cst. Turton was aware that many people knew of her having my money and further was aware that Jennifer Whyte asked me just after my arrest and was on the transcribed taped telephone conversations for the $2036.00 and I replied, "Ask the police, they have all my money, all $2000.00 plus."

My mom Helen Purdy told me that Jennifer Whyte emailed her asking for the money thinking that the police may have sent it to her. This she told me never happened, as the police would not even allow my mom and dad to visit me while I was detained in RCMP cells.

It appears that Cst. Turton was playing more games with my money as she was the assigned handler for Jennifer and she would have told Jennifer to check with my family back east. I believe that Cst. Turton stole my monies as my girls never received it and she was the one in charge of it and admitted to having in during our telephone conversation.

I just hoped that the money I had on me would be released and go to my kids, they were the ones who needed it now. The RCMP did not and I feared that it could and probably has been unfairly used for coffee breaks by Cst. Turton and her friends.

Today, I still have not received my money, identification, keys watch, computer, and any of my personal effects I had on me at the time of my arrest and items seized to date. I have repeatedly asked the RCMP for these things, I have asked the Crown and all my past lawyers for these to be all returned to me.

I tried to make claims against Crown for any confiscated items and damage they did to my personal property by them cutting holes, drawing circles with black sharpies on any of my cloths and shoes but my application was returned to me by the Nanaimo court Registrars.

## Before I left the courthouse, Stephen Taylor came in to speak to me and so I ask "Mr. Taylor, can you arrange a polygraph test for me?"

## He responded "Too expensive, it is about $2000.00"

"I have $2000.00 sitting in my wallet with the RCMP, $1500.00 sitting in my account at Vancouver Island Regional Treatment Center," as $1000.00 was wired in from my father Hal Perkins within days of my arrest "and the other $500.00 I could come up with by asking family to send it." I swiftly counter back to him.

He then switches topics by telling me "Well, Crown is offering you manslaughter and that would be up around seven years. I think I can get it down to three years for you, as three to seven is the norm."

I quickly replied, "No."

## Angrily, he spits out "Mr. Purdy, you are being charged with 2nd Degree which is Life tag and ten years before parole and so three to seven years is a very good deal."

"I refuse to do one day for something I didn't do!" I shot back while I rubbed my hand across my cheek and wipe my face of his spit. If I did this to an officer, I would be charged for assault. I was a bit angry now, I realized that he thought I actually did this.

Back to my bail hearing.

Again, I still think it was a conflict of interests for this judge to sit on my bail hearing.

Right then, I felt and knew I was being railroaded.

So, naturally and as expected with this judge, I was denied bail and unfairly not allowed to appeal this decision.

Taylor turned and walked away and the Sheriff escort again transfers me back to Vancouver Island Regional Treatment Center and into my same small sparse shared cell. I wanted to fire him.

I then received a no contact order from a courier and the paperwork informed me that I was not to telephone, write and communicate with my daughters Stephanie Purdy and Kimberly Purdy.

Also Carmen Guzman along with Bartolina Marte were now added as joint guardianship and custody as Carmen promised to move to Nanaimo and help raise the girls. I needed help with this.

I telephoned Mr. Taylor and told him "Taylor, I have no contact with my kids, I need help with this."

"No, I'm not helping you with that; I'm doing your preliminary hearing and trial." Mr. Taylor replied right back to me.

"No, I need this dealt with now, I need contact with my kids, I still don't have my wallet, money, keys, and watch like you promised me. I don't want you at all, you are fired." I tell Mr. Taylor.

"You can't do that, I'm doing your preliminary hearing and trial." Mr. Taylor tells me.

"Nope, you are not, good bye." I hung up. This comment by him got me a little befuddled. Could this really happen, a lawyer you not want represent you?

I immediately called Legal Aid and informed them that I no longer had counsel representation. They told me I could not do this.

I wrote to the courthouse in Nanaimo, informed them that I was currently without counsel, and did not want Mr. Taylor acting on my case in any matter.

One of the guards overheard my conversation on the phone at VIRCC and recommended another lawyer for me. Therefore, I called them on the next day being Saturday, Susan Wishart and Mayland McKimm.

I was very surprised when the next day; they both showed up at around lunchtime and agreed to take over my case. Lawyers working on a Sunday, this was new to me and I was overjoyed that both took an interest in my case.

It was very clear to both of them by showing the paperwork that I was given being a no contact order just weeks before by courier. I informed them I needed to get this no contact order lifted immediately. Legal Aid had agreed to cover the cost of my counsel representation for the family matter and my trial. Nanaimo's registry case file ED037144.

Both counsels agreed to help me and Susan Wishart said she had done many family custody cases in her past. So I agreed that they could take over my preliminary and trial so long as they dealt with my family case too, lifting the denied access for my children and getting me a computer system here in jail and send me copies of everything prior to sending it to court for my review.

I informed them of my past counsel Stephen Taylor and the Crowns first alleged offer to me and my refusal; Mayland McKimm said, "We'll take care of everything for you."

"First, we need to get your files from Mr. Taylor so, sign this." Susan Wishart told me as she slides a standard counsel representation form across the table that I immediately signed. I understood that it was for them to get all the case documents from Stephen Taylor.

They said they would appeal my bail hearing and get my watch, wallet, keys and money returned to me along with a computer for my use prior to and for trial.

Still to this day, I do not have my money, keys and personal effects taken from me and my apartment and a computer.

Months later, Susan Wishart said that they were not able to get me a bail hearing because of the law and the courts refusing to have 'Jurisdiction' but that she would file with the Supreme Court of Canada for them to amend and fix the law. But it would take two years for this to go through.

I think that she deliberately misleads me about doing this and trying to get the law changed to be allowed a new bail review. I still to this date have seen no paperwork on her request to the Supreme Court of Canada on this matter.

When I fired Mr. Taylor, I remember many people asked including my counsels Mayland McKimm and Susan Wishart asked, why?

There were several reasons I gave.

First, I had to argue and present my own proof of innocence during my own bail hearing. I stood up in court and said I was at the Payless Gas Station in Duncan and clearly seen arriving in the Blue Explorer with the animal printed fuzzy dice hanging in the rear view mirror on the surveillance video tapes at the Payless Gas Station in Duncan at 6:33 a.m. and also seen by Jennifer Whyte at home at 6:00 a.m. and therefore could not be in Nanaimo. All the while, my counsel Taylor sat there smugly;

Second, I did not have a bail hearing until several months later and I had to threaten my own counsel Stephen Taylor with being fired to help me and do a bail hearing. Bail, should have been done within the first few days of my arrest, especially at my first court appearance whether the lawyer was any good;

Third, there was the dirty alcoholic smell leaching and reeking from what I assumed was his last visit to the tavern. It was appalling and I did not want to be associated with an apparent drunk;

Fourth, my requests for an inmate owned computer system like what others inmates were granted and using in pre trial along with full access to all my case files were deliberately ignored. I ask for a computer, and still to this date, I have not been allowed to purchase and use one in my cell.

There are other reasons but for now, this will suffice.

I am appalled that the Crown gets away with their right of entitlement and they are seen continued laughing in my face each time they send me correspondence with CD ROM and DVD discs about my trial to review yet, the Crown denies me the opportunity to access and review them by the obvious lack of my own in cell computer system.

How can I and anyone detained be able to make full answer and defence without access to the materials needed? This is frustratingly and continued prejudicially unfair and s.7 Charter violation.

I love all my children: Amanda, Stephanie and Kimberly, my two grandchildren Lily and Liam, my sisters Jennifer, Laura, Elizabeth, Angelina, my brothers Ilya and Laurence and all my aunts and uncles and parents and all my relations and friends. I miss them all every day and second that I am unjustly apart from them. I pray that they are all OK.

How long must I, an innocent person sit in jail?

Years

Months

Days

Hours

Minutes

Seconds

Frustrating that I have to share a cell with someone.

Always, being asked questions of my case the people placed in my cell with me had a feeling of being undercover cops and junkie informants. It is to be expected, so I keep to myself and soon am ignored as I don't divulge much about my case, expect to say to anyone that I am innocent and I'm on videotape in Duncan not ever being in Nanaimo on December 12, 2003.

I know DNA will clear me.

I do tell people who will listen, that all the DNA found at the crime scene will not be me. Even though I did not have the results for this statement, any scientific analysis would prove a non match for my DNA profile.

I know I was not there that fateful morning.

How many times must I tell people that?

I remember telling people that the suspect descriptions by witnesses all point toward Charles Panet, her boyfriend's description as over six feet tall, skinny legs, jeans, angular features, 'Tilley' hat. Check his residence at 1360 Discovery Avenue in Nanaimo, British Columbia. Why have they not tested this profile?

After six months, I was allowed to move into a single cell. Now having plenty of time alone in my cell, I then thought about everything my counsel did (nothing) and did not do for me (no computer, no children's access, no copies of case files and materials, no DNA testing, no video tape copies).

Over the course of the next few months, I chatted with my aunt Cathy Tait about everything. Witnesses, biased yellow journalism articles in the local newspapers by Paul Walton who believes and pushes the prosecutor's case.

I learned that Charles Panet fled the country and went to the Dominican Republic; he got married just before my bail hearing. There was no reporting on this. Or refutes, that proved those statements made by Charles Panet to the police and media were deliberately false and misleading. It was as if Paul Walton and the local media were coercing and covering for a murder suspect, Charles Panet.

I asked Crown for a list of payments they did to witnesses to see whether they may have paid for his trip. But the Crown refused to disclose any payments and claims and costs associated with this trial by the RCMP toward any of their witnesses, testing and other listed expenses and documented 'gifts' given to witnesses.

This I find is baffling when the defence is supposed to be allowed full disclosure but not even allowed even to see all the receipts of RCMP and Crown expenses.

It is mysterious but I still think the court should have ruled to see the surveillance video tape forthwith. They should after viewing the tape with the defence and Crown present and at this point and only then make a decision on my bail status and proceed with a circumstantial trial instead, the video was deliberately suppressed for over a year while I suffered in this hellhole.

Still, I do not have a computer system with DVD ROM, burner, scanner and printer and yet I bring the matter up each time I am allowed to attend court. My past counsels respond "We're working on it."

The bottom line: It is unfair I do not have my own computer system.

## Getting closer to my preliminary hearing, Mayland McKimm and Susan Wishart visit me and tell me that Crown is now charging me with 1st Degree murder and offering me 2nd Degree Life 10 as a plea. I flat out refused this and explained to them what I told Stephen Taylor about me not even taking a seven year manslaughter charge that they first offered me when I was arrested.

Again, I offered to take a polygraph test and they both thought it would be a good idea but that they would think on it.

A week later, I had another visit with them and they said no to the polygraph test. When I asked why, they replied that they were not able to use it in court at a trial but maybe they could use it at a new bail hearing but I already had one. I was very sad and upset over this.

Counsels told me they tried to get a new bail hearing but the Appeal Court said they had no jurisdiction to entertain the motion. Susan Wishart tells me: "I'll apply to get the courts to change this ruling, but it has to go to the Supreme Court of Canada and that could take two years."

"Fine." Was my only reply, as my frustration grew more.

Why not DNA test me and find the underlying cause of this now?

To alleviate this frustration, I meditated a lot and attended the Buddhist group. I read many books on Buddhism and finding peace and loving kindness within me. Forgiveness, that could wait, my thoughts ran deep, cloudy and dark, all on revenge for those that have wronged me so far in my present life.

I also learned from my counsels that Jennifer Whyte was being coerced by Cst. Holly Ann Turton and that she had gotten in some trouble with drugs and theft and as a remedy to her predicament with the law, ended up altering her original two testimonies to fit with the RCMP and Crowns version of events.

Another few months passed me bye.

## People ask me what it is like to be in prison in Canada, I tell them all to download, buy and rent the first season of the television show Prison Break as it portrays a very good representation of the interactions of all kinds of guards and convicts and inmates for our justice system while behind bars.

You have good guards that follow the law, policy, procedure, the rules and Commissioner Directives; you have others that bend them and others that re interpret them on a whim and still a few others that ignore the rules completely just to further punish, ridicule, torture, degrade and threaten you.

To myself, I do not drink, smoke nor do drugs of any kind except prescription medications that the doctor will prescribe me for an infection.

There have always been drugs in prison. Over my stay, I have seen officers toss 'care' packages under the doors and believe that the guards themselves bring in most of the drugs that enter an institution.

In fact, meeting and befriending many characters inside these walls, and been told by people and officers that if you give them a few grand (thousand) dollars to certain officers, anything can be had inside: a cell phone, some booze, a gun, most things the very next day.

I have seen it happen. So yes, in my eyes, it is true. But opinions differ.

People don't believe that this sort of thing happens in Canada, but just read the current and past newspapers and convictions on court charges; there are Canadian guards and police getting caught doing just that. From selling drugs out of their cars to even walking out of jail with a prisoner and letting them go, crazy stuff happens still.

Well, it is probably easier to just look at my diary notes and whether anyone took the stand to just put brackets after their name and put their occupation):

September 21, 2004, Court, Mr Gwilliam asks for "I will seek a ban on publication of the evidence on this matter and an order excluding witnesses."

THE COURT: Very well. You can take those orders." So there was now a ban on publication imposed.

Desiree Larose (witness, 6418 Lasalle Road, Pam Ryan is the land lady) she no longer lives there, moved away 4 months ago, she worked at Curves a women's fitness centre right near the house;

Fred Cleland (witness, lives on Nidri Place and LaSalle road);

Darryl Janes (RCMP) arresting officer at Duncan Hospital he gave arrest card to Crawford to read, at with Wilton there and Erickson and Janes took all my things;

Richard Seagris (witness, LaSalle Road);

Veronica Grenkow (witness, LaSalle Road) neighbours name is Adel;

September 22, 2004, Court, Neil Sorsdahl (witness, 6404 LaSalle Road) retired career Navy man, learn that Fred Cleland lives on the corner; he put his sleeping bag on Denise to keep her warm. His DNA never tested for a match to one of the unknown males;

Leslie Sorsdahl (witness, 6404 LaSalle Road) description of suspect: Australian Western Hat, dark clothing maybe black, jacket to the knees, very thin legs, long hair down his back, she drew person that looks like Charles Panet;

Gerard Norman Roy (RCMP) first person at the scene, then Mousseau arrived, Denise had a pulse.

Peter Richard Hyne (fireperson Station 3);

Mark Overton (fireperson Station 3);

Michael Steven Wilton (RCMP) arresting officer in Duncan;

Catherine Patricia Drake (BC Ambulance);

Robert Boorman (BC Ambulance);

Christopher Mousseau (RCMP) arrived at LaSalle road 6:34 a.m. Denise was still alive at this time and he started to check over and administer first aid while wearing only one glove, cross contamination 101.

This is when they started a track for their suspect as witnesses were telling that the guy just left up the street.

This is the same time my vehicle was observed arriving at the Payless Gas Station in Duncan an hours ride away. I remember I initially got a newspaper and coffee and then milk, used the washroom and then got a refill coffee.

September 23, 2004, Court, Hannelore (Lori) Rondeau (Cowichan District Hospital);

Cathy Davis (registered nurse Cowichan District Hospital);

Valerie Lynn Cunningham (a curriculum vitae for Dr. Cunningham Cowichan District Hospital);

Holly Ann Turton (RCMP, lead exhibit officer and handler for Jennifer Whyte) photo in Nanaimo Daily Newspaper 13 December 2003.

September 24, 2004, Court, Dr. Sharon Boone (forensic pathology) Post mortem examination in regards to the autopsy. Bruising twelve hours earlier at least and yellow bruising which is a sign of healing from earlier abuse. This confirms the telephone call that Denise was assaulted by Charles Panet the evening before;

Holly Turton (RCMP), she lied about not taking notes in her notebook with interviews with Jennifer Whyte. Conflicting statements by Jennifer Whyte not a problem with her, also disclosing information to Jennifer Whyte prior to defence counsel was okay by her and Rupa to get Jennifer to alter her previous two statements to the RCMP;

Richard Lynch (RCMP, other exhibit officer) photo in Nanaimo Daily Newspaper 13 December 2003;

September 27, 2004, Charles Panet (1360 Discovery Avenue, Nanaimo, immediate spouse and boyfriend of Denise Purdy), never DNA tested, lied about his alibi working for BC Ferries and being reprimanded for arming himself with a hunting knife at his work five days earlier, owns several 'Tilley' Australian hats and drives a Bronco, pick up truck. I think he did this.

Christine Crossman (Curriculum Vitae, RCMP Forensic Lab E division) File 2003 45785, she refused to exclude my DNA profile, I question her credentials;

Gail Bass (Long Lake Chateau manager);

September 28, 2004, David Delisle (RCMP) Interview with Densie "That's right, you heard Daddy say that to Mommy, didn't you?" And Stephanie nodded her head and said yes, so and then Stephanie ran off. I felt that was rather a leading question and didn't feel it would be worth while proceeding with it after that";

Rob Stitt (RCMP);

Jennifer Nicole Whyte (ex fiancé); Little Caesars for two medium pepperoni pizzas. "and there were two guys in a truck dragging around and looking for him, waiting for him to come out of the hospital."

Was not the witnesses looking for a truck? And Charles Panet complained to RCMP of two guys in a truck threatening him a week after my arrest? Could these be the the same people that killed Denise? R&H call center.

September 29, 2004, Court, Jennifer Whyte (Dr. Watson's)

Shanon Madeiros (Nanaimo White Spot);

Julie Cartegena (friend of Denise Purdy) Alleges to be Denise's best friend, maybe saw her a dozen times

Alan Lam (Telus Mobility);

Sorab D. Rupa (RCMP, lead investigator) Tunnel vision, biased, clearly wanted to have me arrested without any evidence pointing and contrary to witness descriptions of suspect and vehicle leaving the scene.

Adjourned until September 30, 2004, .... I never received those transcripts and CD ROM's

May 2, 2005, Trial Started Voir Dire

I still cannot believe that a trial is taking place.

Janis Metcalf Morrell (courthouse registry worker)

Stephen McPhee (Denise's lawyer) I remember he cancelled our mediation visit with him, along with our girls and he claimed it was because of 'lack of money' and that I could not buy an ice cream cone. He never asked me and inquired about my finances, which were good, and in fact, I had plenty of money at that time.

He mentioned power imbalance and it was because of changes imposed by him on an unfair schedule he created with our children. We asked for week on and week off be put into writing and he altered and pushed on us a clearly unfair and biased one sided favouritism for his client being a visit weekend routine on Denise and myself.

## Well, on day one of my trial, Judge Taylor explained and told Crown that they could no longer charge me with 1st Degree murder and that at the most they could do 2nd Degree murder on this entirely circumstantial case. His ending quote to everyone in chambers that day was "Perjury is the highest crime in my court room."

## After a brief lunch, my counsel comes down and tells me that Crown prosecutors are offering me a plea of 2nd Degree murder Life 14.

This I could not believe.

Thinking about this: First, Crown had the nerve to ask me to plead manslaughter with seven years, which I refused; then second, for Second Degree murder Life 10 which I also refused; and now they thought I would suddenly take a third plea for Second Degree murder with Life 14. I again flat out refused.

I am innocent.

After several moments of quiet contemplation, I replied to Susan Wishart "I will not agree to something I did not do, or agree to one day of jail time, I'm innocent, get an expert and check the DNA."

When I arrived back at VIRCC that evening, I decided and sent a written reply and explain all this to my lawyers, the Crown and the courts, to tell them to investigate and DNA test Charles Panet; to review the Payless Surveillance Video Tapes that I was on at the time of the murder as this was crucial.

I was in another city at the time in question: I asked for the courts to release me, I explained again that I was innocent and that as a counter offer and I would accept from them a million dollars a month for each month of their clearly wrongful detention.

Instead, the Crown replied in force by having me handcuffed, placed in leg irons and chained during each of my court hearings and each day of trial while confined in a prisoner's box.

Court time ceased as my world constricted, radiant white lights would pepper my vision, could be the hunger at being denied sustenance. Me a lactose, diabetic type 2 and denied my reading glasses. It felt like the end of the world and nobody cared.

May 3, 2005, Dr. Vaughn, he was my family doctor and yet when asked, he did not bring and have my file in court as he was instructed to do.

Why did my own doctor refused to supply my file to my counsels and me?

What was his angle?

Since this date, I have written to Crown prosecutors and the Wellington Medical Center several times asking for a copy of my file under disclosure and yet, still to this day, I have not received a copy.

The judge stopped proceedings and instructed me "Do not stare at me or the witnesses because it makes us uncomfortable. If you continue, I will remove you from chambers."

This was not going to be fair.

William Corkum (RCMP) took stand.

Rob Stitt (RCMP) interviewed both Denise and Charles Panet together in same room so stories and affidavits would match.

Charles Panet – took stand.

This judge was supposed to be impartial, now wanted me to act as if I did this terrible thing and furthermore, he did not want me to look at my accusers.

This was wrong in my eyes. It was shocking to me.

What kind of legal system is this?

This was all very unfair and unjust, what could I do but follow the learned courts instructions and learn to look down during testimonies. My blood was boiling and my heart pumping faster now over this biased instruction from the court.

It was more frustrating because throughout the rest of my trial whenever I looked up, the Sheriff beside me would quietly tell me and sometime nudge me saying "Stop looking around, look down."

I phoned my aunt Cathy Tait when I got back to VIRCC that evening and she told me that family was just as shocked as I was over the judge's biased instructions. Family and friends attending could not believe that he was so biased in this. They asked me how to remove him and I did not know how or what to say.

May 4, 2005, Charles Panet takes the stand and deliberately lies again under oath, again claiming that he was working for BC Ferries on December 11, 2003, and December 12, 2003.

My lawyers are going to have a hay day with this. Coming back from court, I am just a bit confused.

Why was Charles Panet not charged immediately with perjury and obstruction of justice?

Something does not feel right with this. I will ask counsel to request a charge on him at court next time I see them.

I still remember the RCMP confederates grinned on in their metallic smiles at the sham being played on me.

Waiting in the Sheriff's cells, smells of sweat, urine, and beer. Waves of odours steaming from the cold seats and dirty toilet.

I thought it strange that the Courthouse Sheriffs and Crown reviewed all my notes before giving them to my own trial counsels during trial. I remember that some of my notes were even used in trial by the Crown who intercepted my privileged correspondence without a court order.

I believed the pad and notes I wrote were all privilege correspondence, because my counsel Susan Wishart gave me a pad of yellow paper to write on and pass to her but, I guess that fact was an allusion too.

May 9, 2005, Taking the stand again Charles Panet;

Brenda O'Sullivan (RCMP); Roudolf Eppler (RCMP); Linda Isham (Victim Services for RCMP); Christopher Breakey (RCMP); Deborah Graham (RCMP); Jacqueline Cooke (RCMP).

May 10, 2005, Court, (transcript volume 1)

Anne Marie Hewer (Stephanie's counsellor, hostile witness, Rainbows program) appears to have brainwashed Stephanie Purdy with the Crown's case in her notes that were disclosed.

I notice Jennifer Whyte driving her new car around the Sheriffs van several times on her way to Duncan and my way to VIRCC from Nanaimo courthouse. "Better watch out for stray bullets." one Sheriff remarked as he left.

After I got back, I telephone the incident and I report it to my lawyers. I was tired of her child like games.

Trial was stressful, mainly because I was not allowed to sit with my own counsels and be presumed innocent; instead, I was presumed guilty by being chained, handcuffed and in leg irons in Court and denied my reading glasses.

The chains rattled on the hard wood prisoner's docket during court and I felt it reminded everyone in the court that I was presumed dangerous and had to somehow prove my innocence.

Being presumed guilty and in chains. This felt like a witch hunt, a sham. Later, after trial, I learned that this was most unusual and was not the norm, and someone high up clearly did not like me.

May 11, 2005, Court, (transcript volume 1) David R. Delisle (RCMP), Julie Cartagena (hostile witness).

Julie Cartagena (friend of Denise Purdy) She introduced Charles Panet to Denise as she knew this guy for a couple of years, 'This guy is looking for a wife, go have some fun with him.' during a Mexican dance when I was sitting out and injured as my knee was swollen because of a spider bite.

May 12, 2005, Robert Carruthers (Physician)

Kaitlyn Rittgasser (Married now, referred to as Ms. Bennett Ministry of Children and Family Development);

Lisa Johnson (Ministry of Children and Family Development); Sada Ann Kobe (social worker);

Michell Mills (Ministry of Children and Family Development);

Howard Dyan (Doctor Emergency Medical Team at the Cowichan District Hospital);

James Christopher Dryburgh (Ministry of Children and Family Development social worker unfairly removed Kimberly Purdy);

Michell Mills (Ministry of Children and Family Development);

Wendy Burns (RCMP Victim Services Team at the Nanaimo Detachment).

May 13, 2005, Patricia Whyte (Subway Duncan, Jennifer Whyte's mom);

Kevin Dumaine (RCMP); Chris Mousseau (RCMP); Rebecca Crwford (RCMP);

May 16, 2005, Gail Bass (Longlake Chateau manager); Katherine Mooney (RCMP); Madeline Joan Riley (RCMP); David Wayne Scherr (RCMP).

May 17, 2005, Alan Lam (Telus Mobility senior analyst in the Broad and Wireless Security Management Division of Tele Mobile Company)

Shannon Madeiros (student Dover Bay); Waneeta Rosvold (Long Lake Chateau); William Reason (RCMP); David Hergesheimer (RCMP).

May 18, 2005, Gregory Austin Young (RCMP) this was a surprise, apparently this person had an unendorsed warrant for my arrest the day before the murder of my ex wife Denise. This I felt was a conspiracy because now I have learned that I was targeted for arrest.

This is a conspiracy with JP Matilpi, Nanaimo file number 55997;

Ava Gronek (Long Lake Chateau worker);

Jennifer Stuart (Haven House 250.754.8704 Nanaimo women's shelter) apparently Denise spoke with Ann Spilker for abuse by her current spouse which would be Charles Panet and had met with Haven House on December 10th just before her death;

Julie Roszmann (Telus billing records clerk);

May 19, 2005, Sorab Rupa (RCMP lead investigator)

Jennifer Whyte (crazy ex spouse) learned that she threw out the family passports when she came across them, I remember seeing them in the garbage and took them out, I thought it was by mistake, but Jennifer tells court she did it on purpose.

Sheriffs deliberately left a key for my handcuffs in cell hallway, very suspicious. I stop and point to the key for the Sheriff and he picks it up, they laugh about it. I complain to counsels about this set up and taunting. I knew then that someone wanted to shoot me.

## Susan Wishart then informs me that my past lawyer Taylor had had some arrangement with the police. Apparently it was disclosed to her that the log at the police station shows that Taylor had phoned the Nanaimo RCMP at 8:30 a.m. wondering whether I had been arrested yet.

This shocked me. This was thirty minutes before my arrest in Duncan! What was going on? This I thought was a good point for me. At this point in time, the RCMP and Lawyers had me convicted even before checking my alibi and DNA testing. This was clear tunnel vision.

## The original RCMP call log proves I was being set up right at the start. The lawyer assigned to me by the RCMP had me tried and convicted even before my arrest in Duncan at 9:00 a.m. I asked but this guy was not put on the stand.

## May 30, 2005, Jennifer Whyte.

## Mayland McKimm "The issue of a pad of paper is given by the defence to Mr. Purdy every morning, and as Your Lordship has observed and my friends have observed, Mr. Purdy makes notes to counsel on that pad and with respect it raises serious issues with respect to what Crown counsel is doing reviewing the notes of Mr. Purdy any more than they would review our notes."

Finally my counsels are taking a stand on the Crown and Sheriffs always reviewing my notes, not that this will do anything. Legal Privileged correspondence and material during my trial should not be reviewed first by Crown before being given to my counsels during my trial.

## Gail Bass (Long Lake Chateau manager).

## May 31, 2005, Stephanie Estar (Esther) Purdy, Daughter 11 years old (transcript volume 1);

June 1, 2005, Hannelore Rondeau (Admitting clerk at the Cowichan District Hospital);

Catherine Davis (nurse Cowichan District Hospital);

Valori Cunningham (Doctor Cowichan District Hospital);

June 2, 2005, Court, (transcript volume 2) Stephanie Purdy (daughter).

## June 6, 2005, Eleanor Swift (RCMP) coerced Stephanie Purdy, handler;

Sorab Rupa (RCMP);

Graham Sanderson (Vancouver Island Health Authority);

## June 13, 2005, Court arguments on privileged;

June 15, 2005, Submissions by Mr. Dubenski and Mr. McKimm.

June 16, 2005, Submissions by Ms. Wishart, Mr. Dubenski, Mr. McKimm and Mr. GWillim.

Trial Ended for a summer break.

## That day after getting back from court, I had a shower and I was gang beaten and left for dead. I remember being punched and one of the people saying "This is from Taylor."

So much for Crown keeping me safe.

When I called and asked my counsels to bring a camera and their phone with a camera to photograph the wounds and all the bruising, they refused. I pleaded with counsel to visit me but it fell on deft ears. At this point, I felt that something was wrong now with my counsel's representation.

It was a tight gut wrenching feeling and instinct that I had better be careful and pay attention to everything because it appeared they were no longer acting in my best interests.

I remember that VIRCC staff entered my cell and had me undress and took pictures sometimes after the beatings. I overheard their comments on the RCMP handy work. This is when I knew for sure that some of the people with me in jail were confirmed as being undercover RCMP officers. I was going to fight back next time.

This was not going to happen again.

During this break, I read a lot of books, one or two a day.

Impossible does not exist in my dictionary.

I have scratched it out because anything can be accomplished, with hard work, a few quadrillion dollars, and teams of thousands with a few hundred years and more.

August 19, 2005, Trial resumed with selection of jury.

September 6, 2005, Court, (transcript volume 2) Proceedings.

Jury selection.

Jury members: #1295 Bandurka, Glen; #1376 Bournazel, Julius; #1433 Campbell, Neil; #1287 Kine, Barbara; #1410 Koman, Petrus; #1115 Lundago, Delphine; #1104 Makkonen Ritva; #1437 Mattice, Jack; #1262 Olson, Donald; #1566 Payne, John; #1570 Peterson, Donald; #1399 Phillips, Keith; #1334 Reside, David; #1412 Szick, Martha.

I instructed my counsels for no fat people, no short people, and for counsels to consult family too. All this was to make sure the jury was impartial, and that there was no known jury member. This did not happen.

No disrespect, but it is well documented that overweight people and short people (little people) sitting on a jury have taken out their frustrations on the world being mean to them and voted to convict regardless of the evidence. This I think is because these people had been ridiculed during their childhood and this is their one legal chance for a 'pay back' on someone else.

The following members of the jury were 'ringers for Crown' and should not have been allowed in R. v. Purdy (2005) because they were known to family members and/or living on LaSalle Road where the crime occurred and clearly just wanted a lynching and closed case file.

  1. Petrua Koman: family known neighbour for Mr. Purdy's mother Leona Whiting and step father Wayne Whiting.

  2. Neil Campbell: resident of LaSalle Road where the crime occurred and who clearly was not impartial and only wanted a conviction and total eviction of the Purdy family from LaSalle Road in Nanaimo.

I remember Neil from LaSalle road being elected as a jury member and I cringed. My complaints about having Nanaimo jury members should have been addressed and my request for a change of venue was again ignored.

These persons knew me and I felt they hated my guts, Neil Campbell lived just down the street from me when I lived on LaSalle Road with my ex wife. I asked counsels to challenge and have him removed and yet my request was again ignored.

I was clearly not going to have a fair trial at all. The trial had not started and yet I felt that this was the end of the world!

Even worse was Petrua Koman, the neighbour across the street from my biological mom Leona Whiting and my new step dad Wayne Whiting. This person I asked to have removed and yet my voice and request ignored and suppressed.

How unfair I thought to have people you know on as a jury, I thought it was to be an impartial jury?

September 7, 2005, Court, (transcript volume 2) Proceedings.

September 9, 2005, Court, (transcript volume 2) Anne Marie Hewer (hostile witness).

September 12, 2005, Court, (transcript volume 2) Gerard J. Roy (RCMP) , Gary Obrien (RCMP), Neil Sorsdahl (witness), Leslie Sorsdahl (witness), Kevin McMeel (doctor), Karen Holmgren (RCMP).

Trial begins with jury, my counsels asked for mistrial, right at the start but the court refuses the request. I wanted a change in venue to Vancouver to an impartial jury but this too was ignored.

September 13, 2005, Court, (transcript volume 3) Richard Lynch (RCMP).

September 14, 2005, Court, (transcript volume 3) Desiree Larose (witness), Sharon Boone (autopsy doctor), Stephanie Purdy (daughter).

September 15, 2005, Court, (transcripts volume 4) Stephanie Purdy (daughter), Eleanor Swift (RCMP), Douglas Hogg (RCMP).

Wow, Cst. Swift interviewed Stephanie on December 14, 2003, then April 14, 2004, and September 17, 2004, and coerced Stephanie to alter her testimony by showing her photos of knife sheath and dash in vehicle and afterward asked her to draw them. That is leading and coercing a nine year old child in my books.

September 16, 2005, Court, (transcript volume 4) Hannelore Rondeau (witness), Catherine Davies (witness), Valorie Cunningham (doctor), Michael Wilton (RCMP).

September 19, 2005, Court, (transcripts volume 5) Derek Crawford (RCMP), Patricia Whyte (mother in law), Darryl Janes (RCMP), Jennifer Whyte (ex fiancé).

September 20, 2005, Court, (transcripts volume 5) Jennifer Whyte (ex fiancé), Richard Seagris (witness), Alan Lam (witness).

September 22, 2005, Court, (transcripts volume 6) Julie Roszmann (hostile witness), Holly Ann Turton (RCMP).

September 23, 2005, Court, Holly Ann Turton (RCMP).

The room was gently spinning, it was a strange effect.

September 26, 2005, Court, (transcripts volume 7) Holly Turton (RCMP), Stephen McPhee (lawyer – hostile witness), Charles Panet (lying boyfriend of Denise Purdy – hostile witness).

Jennifer Whyte takes the stand and tells of seeing a bloodstain in the vehicle on the way to the hospital. Then during cross examination by my counsel Mr. McKimm, she shocks the court as she blatantly confesses and admits under that it was a lie that she just told. My lawyers are both in disbelief, and Mayland McKimm repeats his questioning to confirm this change.

Trial Transcripts page 739, Jennifer Whyte (for Crown) cross examined by Mr. McKimm (for Defence):

12 Q Well, so you lied under oath?

13 A Yes.

14 Q You did?

15 A Yes.

16 Q You deliberately lied under oath?

17 A I was upset during the time, though.

Only a prejudiced judge would quote these proven lies as fact and use them in any ruling. What was going through my mind was the fact that the courts did not care and showed by not even charging her with perjury.

What is more prejudicial than keeping these lies circulating?

Finally, I have transcribed proof and admittance that Jennifer lied under oath.

If this was to be a fair trial, she should be charged forthwith on this one issue alone.

I wait for this.

And wait, and wait, and wait.

Later, after court I learned from my counsels Susan Wishart and Mayland McKimm that Jennifer Whyte was being coerced by Cst. Holly Ann Turton because she had gotten in trouble with drugs and theft. To remedy her predicament with the law she ended up clearly altering her original two testimonies to fit with the RCMP and Crowns version of events so that she would not face these new charges.

Being caught in the lies, Jennifer admitted to recanting and changing her testimony to fit with the Crowns version of events and to seeing a stain in the vehicle when before she had previously not seen one. It was only seen after she picked up the vehicle from the RCMP and washed it after the police had cross contaminated the vehicle and after the RCMP were aware that she saw the new stain, she was then interviewed and she told of the vehicle stain that she had just washed away.

Jennifer Whyte I remember was on a drug called Depo Provera, a birth control shot she receives that has proven to cause: memory loss, suicidal, depression, nervousness.

No perjury charges by Crown or Obstruction of Justice by the RCMP. How convenient that even when she told the court that she admitted to lying and perjury in court, there was an appearance of favouritism as she was rewarded by the Crown not charging her for her false testimony that was relied upon by the courts in their judgements.

Charles Panet then gets on the stand today and he also lies about his alibi that he was working at BC Ferries until 6:00 a.m. But this contradicts his telephone records that indicate a phone call from his place at 5:45 a.m. to Denise Purdy.

So, Charles Panet testifies under oath once again about himself working for BC Ferries that morning. He admits to wearing to going to work and wearing a Tilley Hat and owning several, wearing dark cloths & jeans and black boots, his height being six feet and two inches and two hundred and twenty pounds.

It is very strange that the BC Ferries records indicate FTS (Failed To Show) for Charles Panet's scheduled work shifts on December eleventh, twelfth, and thirteenth. This proves that he lied about his alibi to the police, the newspapers, Crown and again under oath, yet he is still not prosecuted for this proven perjury and blatant obstruction of justice.

I felt that I was not having a fair trial because of the lack of justice. People were getting away with perjury and obstruction of justice just to get a false conviction.

The only reason that comes to mind for this favouritism is that he must be an informant.

I learn from the cross examinations that the Crown even interviewed Mr. Panet at the RCMP police station with Cst. Rupa just before my trial and they put him on the phone with his supervisor at BC Ferries and he even told Mr. Panet that he did not work. The Crown and Cst. Rupa were present for this obstruction of justice.

I don't know what is more corrupt than when Crown puts documented liars on the stand to secure a conviction by perjury.

And furthermore, Charles Panet was adamant that it only takes him seven minutes to get from his house to Denise residence on LaSalle Road.

That must be some extreme fast driving.

As I remember taking about twenty two minutes to drive about the same distance but from LaSalle Road to Malaspina University.

I wonder what driving times Google would say?

I asked my mom and dad to find out and letter I received turns out that the shortest time, out of the three routes is twenty one minutes or eleven point six kilometres on Island Hwy/BC 19A South.

Another proven lie for Charles Panet under oath. Yet, Crown gives him another hall pass and the RCMP continue to protect him by saying "There is no evidence to suspect Mr. Panet as a suspect."

I feel all the Crown and RCMP should all be charged as accomplices to this murder.

For that matter, I wonder what Google would say to driving from 6421 LaSalle Road, Nanaimo to the Duncan Payless Gas Station... It turns out to be one hour, family checked for me.

Charles Panet further admits to owning several knives and being given a machete from his friend.

"For protection," he tells the court.

Then he tells how he lost one of his hunting knives "Because it was rusting." He informs the courts.

What crap is this? He just may have tossed the murder weapon away, admits so in court and nobody cares? What happened to cops doing their job and locating the knife he tossed to check for blood?

My trust in these confederate cops is lost. They did not even DNA test Charles's friend to see if he may be the unknown male DNA match at the crime scene. Especially when it turned out that, his friend also lost someone.

Charles Panet appeared to be so angry and maybe jealous under oath when he claimed that I was dating a girl and asked her to be my fiancée, all on the condition that we wait at least a year before marriage.

I thought it was kind of a creepy jealousness as I think he just had an eye for and wanted anything that I had, including my family.

This guy, Charles Panet even bragged to the police weeks before Denise death that she would be killed in that same alleyway. This guy was pre planning on her death long before their break up. That report was finally disclosed and nobody cared to investigate it and consider that maybe, there was something odd about Mr. Panet's behaviour.

I know that given enough time, Charles Panet will once again harm another person he is living with. It is a cycle with this guy.

On the other hand, what about Charles sleeping with my wife while she was still a married woman to me earlier this year? He had no problems with own adultery and breaking up and ending a good marriage and putting two children through a divorce.

In fact, he admitted to only seeing the kids twice since their mother died. Had I been in his shoes, I would have taken the children and raised them as my own just as I would have done with Nathan whether anything happened to Jennifer.

This was my biggest fear, that the person I thought who murdered Denise would do just that to my kids and I would be powerless to stop him. He showed his true colours and admitted to fleeing Canada and getting married in the Dominican Republic after the death of his girlfriend Denise and then when I lost my bail on coming back, getting into other relationships and those falling apart too.

I know that given enough rope, this Charles Panet will one day be in court on assault charges before too long. Looking at his past, it is a recurring circle for him. It appears to me that he enjoys the break up of his own relationships and others.

He creeps me out whenever he is around.

September 27, 2005, Court, (transcripts volume 7) Charles Panet (lying boyfriend, hostile witness), Wendy Burns (witness), Jennifer Stuart (witness), David Scherr (RCMP), David Delisle (RCMP).

Glancing behind me, of course looking way at the back of the courtroom, Mr. Walton a reporter for the Nanaimo Daily News is once again being escorted out by Cst. Rupa.

Always when a witness is being cross examined by my counsels, Mr. Walton leaves so that he cannot write the defence side.

Jennifer Whyte takes the stand again. Perjury right at the start by her! She admits to deliberate Perjury under oath, and further says Cst. Holly told her what to say. She admits to talking to Cst. Holly last evening even against the court order telling her not to discuss the case with anyone and further admits to lying to police.

Again, Paul Walton is not in the courthouse to hear the confessions of a deliberately lying witness. In fact, no real reporting is done on this entire case.

I believe that the only fair thing to do would be to order a new trial with a new jury and have it in Vancouver without the lying witnesses taking the stand.

Otherwise, these prejudiced witnesses who only wanted to please the Crown and RMCP for favouritism, would continue to lie under oath to help get a blatant false conviction and the Crown and RMCP and courts now continue to have the appearance of unfairness by being corrupt and prejudice by allowing this to continue.

Not charging witnesses with perjury and obstruction of justice in this case is viewed by me, family and those in the community and others reading about it as unfairly prejudiced. I hope someone writes to the media about this and gets their views on the matter in the air and into the public eye to try to fix our obvious corrupt legal judicial system with a revamp and purge of those not willing to do their jobs.

The Crown just before trial, finally released the Payless Video Surveillance Videotape to my lawyers.

Now mysteriously a half hour is missing.

## Exhibit #114 two Duncan Payless DVD surveillance videos.

DVD Disc one 4:29:05 to 6:35:42

DVD Disc two 6:56:06 to 8:30:00

What happened to the missing parts between discs?

## 6:35:42 – 6:56:06 has clearly been deleted.

I entered the store at 6:36 a.m. and got a newspaper and coffee, I remember because I looked at my watch at that time.

My vehicle is clearly seen arriving on videotape!

Where is this part?

Why have I not been denied returned to me all my personal possessions, money, watch, clothes, computer taken from me by the RCMP?

Who had the only opportunity to erase it, steal it?

This I strongly believed the video was deliberately deleted by Cst. Sorab Rupa as he admitted as much when he took the stand at my trial and told everyone that he was the only person to view the tapes a few times.

Cst. Rupa claimed he noticed the tapes getting fuzzy so he stopped on one of his viewing cycles. I believe this is where he and one of his RCMP friends at the station erased my first entry into the Duncan Payless and my solid proof of innocence. It is the only reason that he had more knowledge than anyone else in court that were allowed to viewed the remaining altered video tapes.

This was his undoing in my eyes.

As a respectful RCMP officer, he actually told the truth about what he remembers; that he viewed of me at the Duncan Payless Gas Station. Cst. Rupa saw me on the video tape getting a paper, coffee and milk and later getting and returning the washroom key.

The only problem with his testimony was that on the videotape, the part of me getting the newspaper was deliberately deleted, all twenty one minutes of my proof of innocence.

It was clearly not on the court submitted video sections and could only be available and seen by him on the erased portion of the tape at around 6:36 a.m.

This was the golden proof that he clearly had more knowledge of what was on the original tape because he admitted it. He admitted he was the only person to view the tape several times before sending it to Ottawa for DVD conversion.

Why else would there be a sudden time gap at this crucial proof of innocence time?

This confederate Cst. Rupa, an RCMP officer should be fired for tampering with evidence in an investigation. I strongly believe that had Cst. Rupa not viewed the tape, there would not be any missing portions of it today and I would not have had to go through a trial because I would have had a solid proof of innocence, being on a Duncan Surveillance Videotape at the time in question.

Again, Jennifer Whyte takes the stand and once again admits to PERJURY, she further implicates Cst. Holly Turton as the officer telling her to lie under oath. She also admits to talking to Holly 'last night' after being told not to talk to anyone about the case because she was still under oath, She said: "Holly was just telling me what to say here." All against the court and judge's order, She was never charged with Perjury and Obstruction of Justice.

I was very surprised during trial court when Jennifer did admit, recant, and tell the court that she lied to the police and again under oath. I think it shocked my trial counsel Mayland McKimm for her sudden upfront reversal and lies she admitted to.

It was even more surprising that this admitted perjury and obstruction of justice was ignored and not prosecuted by the trial judge, the Crown and RCMP.

September 28, 2005, Court, (transcripts volume 8) Gail Bass (Long Lake Chateau manager), Juanita Rosvold (hostile witness), Ava Gronek (hostile witness), Shannon Madeiros (witness), Jana Nakrieko (witness), Julie Cartagena (hostile witness).

September 29, 2005, court, (transcripts volume 8) Murray Conway (RCMP), Murray Miles (RCMP), Martin Hatch (RCMP), David Grice (Duncan Payless Gas Station Manager), Gerard Vaughan (doctor), Kaitlyn Bennett (witness), Rob Stitt (RCMP).

October 3, 2005, court, (transcripts volume 8) Sorab Rupa (RCMP).

Cst. Rupa takes the stand and he does not seem to care that the wrong person is detained; he refuses to name Charles Panet as a suspect. He falls back to saying that there is no evidence to support Mr. Panet as a suspect. This is real tunnel vision.

Is this guy blind?

Furthermore, he admitted to the tampering of the video surveillance tapes by saying: "Purdy entered gas station and bought paper, coffee and milk."

Wow again, this is transcript proof that he clearly had more knowledge than what was made available on DVD's of the Duncan Payless Surveillance Tapes.

My lawyers point out and showed my vehicle arriving 6:32:55 a.m. just before the twenty one minute blank.

Further viewing shows me buying coffee and milk.

What happened to me getting the newspaper that Cst. Rupa talked and knew that I did? He would not be lying under oath would he now?

Or now try to cover up his slip of his tongue?

Are not suspects caught and convicted this way by the RCMP in their Mr. Big sting and other operations?

How did Rupa know I got a newspaper unless he deliberately viewed and then delete that part. It is the only logical theory that makes any sense. I never told anyone, never did I tell Jennifer that I bought a newspaper. I did not even tell my lawyers about this until Cst. Rupa jogged my memory on this fact in court.

At that point, I leaned over and waved for my counsel's attention and then when they came over, I told Susan Wishart and Mayland McKimm about this memory and video part.

Cst. Rupa on the stand that afternoon too, narrow minded, tunnel vision, learned that crime courses offered to him but he never took any, also he refuses to name Charles Panet a suspect even with evidence of another person's blood at the crime scene in Nanaimo that DNA was proven did not match Kelvin Purdy and Denise Purdy and their children.

He was clearly aware that Charles Panet lied about his alibi for work at BC Ferries and the knife incident at BC Ferries that week of December 12, 2003, by Charles Panet.

But even with these red flags, Cst. Rupa still refuses to look and name this guy a suspect and into this to check for blood, photograph, and even see whether any of the knifes Panet brags about owning fits the mysterious sheath left behind at the crime scene, and even swab Mr. Panet's vehicle for blood and DNA to find a match to the unknown male DNA at the crime scene.

Clearly some kind of favouritism by this officer toward Charles Panet and all the people who where at the crime scene that day.

I receive a photo of Cst. Holly Ann Turton from family. It is a photo of her standing at this light pole right in the middle of the blood splatter. I show my counsels and ask them to DNA test her.

I believe that this is proof of clear cross contamination.

Sheriffs also deny me food all day at court, so I complain to counsel yet not given the benefit of the doubt and no food given to me after my starving complaint. I phone family when I get back and ask them to bring me food to court at all my appearances.

I remember that sometimes during court at lunchtime, I was denied food. Some days while trial progressed on, when I informed my counsels about this, the Sheriff's would say that I was fed and they ignored my hunger and medical needs.

I was sad; I cried at evening, I wrote a lot in my diary. I learned that people I knew and trusted would commit perjury that would trump the facts. Whoever has the most witnesses will win at trial.

Days in court that they fed me, it was a simple white submarine with meat and cheese on it. White death for a Type two diabetic like myself and compounded was the fact that there was cheese on it. I was lactose intolerant and needed lactate tablets for the required enzyme my body needed and lacked to digest milk products.

October 4, 2005, court, (transcript volume 9) Robert Carruthers (doctor), Bernice Chu (RCMP E div Tech hostile witness), Christine Luu (RCMP E div Tech hostile witness), Lindsay Carter (RCMP E div Tech hostile witness).

October 5, 2005, court, (transcripts volume 9) Christine Crossman (RCMP E div Tech hostile witness).

RCMP expert admits DNA not Mr. Purdy's at crime scene, Blue 17 and Yellow 11. DNA does not belong to Mrs. Purdy and Kelvin Purdy yet expert for the Crown still refuses to eliminate stating 'Mr. Purdy is a partial match.'

Transcripts page 1523 Christine Crossman (for Crown) cross exam by Mr. Wishart (about the vehicle dash).

9 A There's at least three people in this mixed

10 profile

11 Q And three of those alleles are not the same as

12 either Mr. Purdy's or Mrs. Purdy's?

13 A That's correct.

Again the Sheriffs deny me food all day at court; I complain to counsel yet no food given to me after complaint and family is told they cannot give me any food. I am dizzy and not able to concentrate on what occurs and what was said in chambers.

I black out while in the courthouse cells and am woken up by the Sheriff's and taken back to VIRCC. When I get into my cell at 10:00 p.m., I finally get to eat some bread and jam that evening that I had saved from the morning breakfast in my room.

I wish I had my reading glasses but, even this right, I was denied in court. Strange that I was not allowed to read what is presented in court and to the jury.

Oh, it's Jennifer's birthday today!

October 6, 2005, Court (transcript volume 10) Christine Crossman (RCMP E div Tech hostile witness).

DNA Crown expert admits that the DNA on Bloody Purse did not come from Kelvin Purdy, Denise Purdy and their children and could not ever have come from them. Blue 17 & Yellow 11. This had to come from the suspect! Proof of innocence.

Transcripts page 1543 Christine Crossman (for Crown) cross exam by Ms. Wishart (about the purse).

14 Q Although it's clear on exhibit 23 that there are

15 alleles there that did not come from Mr. Purdy?

16 A That's correct,

October 7, 2005, Court (transcripts volume 10) Proceedings.

Crown finally admits that Kelvin Purdy is left handed, 180 lbs, 5' 10" and not on any of the 120 surveillance videos taken from in and from Nanaimo to Duncan on December 12, 2003. The crown admits that Mr. Purdy was only viewed on the Duncan Payless Gas Station video that day.

During trial in court, it became known that the police informed my counsels that the $2030.00 now dropped to becoming that I suddenly only had $36.00 on my person at the time of arrest, and now the C13 Prisoner Effects Sheet shows $0.00 and yet the latest complaint against the RCMP shows I had a single $2.00 coin in my wallet.

I am angry, frustrated and sad as I have requested and still I have not been provided with a high quality photocopy of this C13 Prisoner Effects Sheet and form dated 2003/12/12. Funny how money disappears while in the Nanaimo RCMP possession, my lawyers tell me that it happens all the time after one is denied bail.

I still remember the echo of Cst. Turton voice telling me on the phone "You won't need you money where you're going," while I was at VIRCC during a phone call that was arranged by my IPO (Institutional Parole Officer) sitting and listening to this conversation too.

"Good luck getting any of it back, Mr. Purdy." Was the quiet reply I got back from my IPO after I hung up the telephone as he shook his head in wonder over the call.

My next stop is to file a small claims form through the court system for my money. This I tried to do but my mail was deliberately detained and not allowed to be mailed by CSC. I have tried to mail many letters out for court but have constantly been refused to mail them and have lost court dates due to the CSC policy to withhold privileged correspondence and deliberately tort interfere with my criminal DNA court proceedings and small claims application against the RCMP.

When my mail was finally allowed to leave CSC, I received it back a few weeks later with a yellow sticky note attached from the court Registrar saying: "Talk to your lawyer about this."

I do not have a lawyer for this and so I am at a loss to how to get compensation for my things stolen by Crown and RCMP.

I go to school and work diligently each morning on my own legal research at VIRCC, one morning at the library beside school I noticed a pile of newsletters. I pick the top one of a dozen and read that the Crown had published via the BC Association of Specialized Victim Assistance and Counselling Programs (BCASVACP) their Annual Report 2003 to 2004, Website: www.endingviolence.org.

"Response to the Denise Purdy Murder, Nanaimo – In response to a woman, Denise Purdy, who was murdered by her ex husband in Nanaimo in December of 2003, the Assn. was called by a member who asked us to assist them in talking to the Coroner. Because we had already worked closely with VSD in response to the murders of Sherry Heron and her mother Anna in Mission, we contacted VSD and subsequently worked together to set up a meeting with the Nanaimo services providers, the CCWS legal analyst, VSD and ourselves to meet with the Regional Coroner for Vancouver Island. There will be a Coroner's investigation after the criminal proceedings are finished."

This was a lie. I never murdered anyone and this organization is telling people I did prior to my trial is slanderous and clearly prejudiced in the eyes of the public.

The Coroner never did do an investigation even though I asked one to be done too. It turns out to be problematic and hard to do an investigation when Charles Panet cremates the victim's body against the wishes of family not to, so that it appears he covered up the bruising Denise had complained about that were caused by him the day before and days prior and leading up to her death.

2005. R.S. 1985. c. C 45, s. 316; R.S., 1985, c. 27 (1st Supp.), s.203. (2) Where at any stage in proceedings referred to in subsection (1) the court, judge, justice or provincial court judge is satisfied that the matter alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province, he shall direct a verdict of not guilty to be entered and shall discharge the accused.

I asked my lawyers to file a Mischief Application against Crown and Minister of Justice for BC, Attorney General of BC, et al., for their deliberate false publicity by Crown publishing via this newsletter.

A change of venue should have been given to me especially when the BC Association of Specialized Victim Assistance and Counselling Programs published their Annual Report 2003 to 2004 stating that Mr. Purdy had murdered his spouse. This was published prior to his trial and made any BC jury member prejudice.

Mayland McKimm and Susan Wishart both did raise this issue of the government funded misleading publications and did apply to get my trial transferred but the judge refused to address this motion and so that never happened. I still think that the only solution would have been to have my case thrown out because of this one fact alone and in the very least a change of venue to Vancouver.

Crown admits that Denise Purdy is 5' 8"

October 8, 2005, my lawyers came to visit me and threatened me by saying "Sign this, or we can't represent you anymore." Afraid to lose my counsels, I sign it right away and after signing the paper they tell me, it is a waiver for 'no defence.' I am angry and want it back but they refuse.

I think to myself too that I do not know what is more prejudicial and corrupt than when the Crown deliberately puts documented liars on the stand, those being Charles Panet and Jennifer Whyte and a bribed nine year old child Stephanie Purdy.

I remember that Cst. Rupa did admit he gave Stephanie a 'gift' computer for school but only her. Why did her sisters who also needed a computer not get a computer too? I believe that because they never took the stand to lie for Crown.

It appears to no longer a crime for RCMP members to give gifts for altered testimony, especially to my nine year old child Stephanie who did not know better and only wanted to please those in authority.

I still remember her struggling with the conflict that she was going through. In the records, it shows her being shown a photo of a stain, and then she was instructed to draw it right away, then being coached on what to say in court.

Not very fair in my eyes and the eyes of the public.

I jot some notes in my diary for my memoirs, a belief in total frankness and honesty, emphasis on the inner life of the mind and emotions, significant attention to childhood and youth, recognition that mundane matters.

Again, I am very frustrated because I expected to take the stand that morning and told family and friends to come down and realize that the courthouse is full of supporters for me. Some even offered and expected to take the stand too and challenge the false Crown witnesses' statements and perjury and I told my counsels that.

Susan Wishart, my counsel only reply was "We can't have you or family on the stand because you'll raise too many questions that can't be answered," I think they saw me getting irate so concluded with "but, we will have at least two witnesses take the stand for you."

This I thought was weak. I really wanted myself along with my aunt Cathy Tait take the stand and counter Jennifer Whyte and Stephanie Purdy's false and obviously false and misleading statements and set a lot of matters right in the courts.

Plus my counsels told me their time away with DNA seminars and experts and I expected them to bring one for my trial. This never happened and I thought it was extremely unfair for my case and arguments. They offered me no reason at all, why could they not get an expert under oath to exclude my DNA.

October 11, 2005, Mr. Spence, BC Ferries supervisor who countered and tells the court about Charles Panet being reprimanded by him at BC Ferries for arming himself with a hunting knife a few days before the murder and staff was complaining to him about Panet's behaviour in this.

I have been told that Charles Panet appeared to staff to be very agitated that day and tried to get several people to handle the hunting knife he had on him for what people thought he was trying to get their fingerprints on it.

All this was very suspicious in my mind.

And also the fact that Charles Panet never worked on December 11th , 12th and 13th by presenting Panet's pay card for work and explaining the FTS which means Failed To Show for a scheduled shift the day before the murder on December 11, 2003, and the Day of the murder being December 12, 2003.

All this made perfect sense to me. I informed my counsels about BC Ferries being on strike that week and knew he was lying. They were able to get the pay card fro Mr. Panet in this issue of perjury and obstruction of justice by him.

Denise told me she broke up with the bloke the evening before after he hit her and proven by the Crown coroner by the, 'bruising of at least twelve hours earlier,' and of Charles Panet being upset and not accepting the break up.

I believe he would have skipped a day of work under maybe some emotional strain and worry that Denise was going to charge him with assault for the abuse she told me of and was going for an appointment she made for help to Haven House that day, which is a battered women's shelter in Nanaimo.

Then, a Ms. Dianne Chernoff took the stand and told of events that occurred at the end of her relationship with Charles Panet. That he was accused of choking her and this terrified her and she remembers that Charles's eyes glazed over. After this, their relationship was ended. RCMP was called over this incident event and the records were produced proving this happened.

All this seemed good for showing how bad Charles Panet was and that he had some bad habits but, it did not address the issues on why no DNA was provided and cross checked on the investigative officers at the crime scene, and the witnesses at the crime scene. This was 101 in my books for proving I did not do this.

Where was the proof of innocence my lawyers had?

Realizing that there was a private investigator I asked them for copies of his notes and to DNA test Cst. Turton 'Holly' Hollin's and Jennifer Whyte and all the people involved with this to rule out cross contamination. Still, silence from them.

Strange that Cst. Turton goes by so many different names.

My lawyers dropped the ball on me. I felt I was alone and not being properly represented by adequate counsel. Why did I have to point out to them the DNA that did not match? This was something that they should have uncovered and not I during my trial.

Something did not feel right in my mind about this whole thing.

Jennifer Whyte's entire testimony should have been thrown out. Judge Taylor refused to charge Jennifer Whyte with PERJURY after she admitted to it, even when he made a speech earlier at the start of trial about: "Perjury is the highest crime in my court room."

Clearly, Judge Taylor did not care about perjury, obstruction of justice and police tunnel vision, railroading, tampering with evidence, and deleting surveillance videos, altering testimonies by RCMP officers and the gifts given to witnesses to alter their testimonies. I was clearly being buried headfirst.

October 12, 2005, Court (transcripts volume 10) Proceedings Address to the Jury by Crown:

"...and they didn't exclude Mr. Purdy. I wonder what you might hear in terms of the use of exclusionary DNA evidence if that particular evidence did exclude Mr. Purdy, but it doesn't."

Then, closing arguments by my counsels.

I was upset and angry at this whole thing. I wanted to speak, but was denied this basic right.

Why no mention of the deliberate perjury in my case and request charges be laid by this judge, for fairness?

Why not point out that it was not my DNA by leading a DNA expert?

Why could my counsels not find a DNA expert to put on the stand refute the Crowns misconception of the facts?

Today I was denied taking the stand; family came to take the stand in my behalf and counter all the false statements by Crown but were refused too.

October 13, 2005, Court (transcript volume 11) Proceedings, Charge to the Jury.

Judge charges to the jury were very biased. I remember him saying "Pick what you like to convict." This was not right. They should have ignored everything that a witnesses told the court especially when Jennifer Whyte admitted to lying under oath and lying to the police.

In addition, for that matter, everything Charles Panet lied in court about too should have been ignored.

The judge simply said, to pick the best lies you liked and convict Mr. Purdy on that. Judge Taylor's address to the jury was implicit, the meaning was very clear. The judge did not want anything other than a guilty verdict.

So, my trial has ended.

I waited for a jury verdict.

I was forced to stay overnight in RCMP city cells. Upon arriving, one of the officers tells me "If you get off, you'd better watch out for stray bullets."

Another threat from the RCMP.

This was also against the recommendation that I not be put into RCMP cells due to the death threats I told my counsels I received in Nanaimo cells. I did not sleep at all because of the worry of dying that evening. I try to remember the good times, but such memories proved elusive.

October 14, 2005, Court (transcript volume 11) Proceedings.

Judgement 2nd Degree murder pronounced.

Tears welled in my eyes and trickled down my cheeks where they dried in the cold air conditioned court chambers.

I was angry and innocent. All I could say in court was: "Charles just got away with murdering Denise!"

This is what I believed, deep down in my heart and still do today.

Hell, all the evidence pointed toward this person. And I use the word 'person' lightly. This was again feeling like the worst nightmare I could ever have.

My skin was clammy and at the same time, I was fuming mad because nobody cared that I was being convicted for something I did not do.

When swift justice is too swift, you did not do it!

The injustice I had to fight now "I'll set things right." I tell anyone who will listen to my pleas.

I make a promise to myself that I would find the person who left their DNA behind and whether the RCMP and Courts refuse to do anything, then I get to exact justice myself and find a way to make things right. My children have a right to know the truth, wherever the cover up and facts and DNA leads me.

All I know for sure is that the DNA at the crime scene is not mine.

Now I have to somehow find a way to prove it.

And prove cross contamination too.

November 2, 2005, A large lump on spine, red rash spread across my bum to spine, size of tennis ball now. Could not sleep for last few days because of the pain in my back. It hurts every time I move. I put in another request to see the Doctor; nothing is fast in this place.

November 6, 2005, I used my nail clippers to cut into ball on my back, relieve the pressure, and drain lots of brown and grey puss and matter out. It felt better for a while.

November 9, 2005, Saw a doctor today after waiting a week without sleep and told him about the pain but he looked but did not feel the lump and did nothing about it and the pain in my back.

November 11, 2005, Another gang beating, but this time, I was the one to walk away with my head held high.

I remember coming back from court after the long summer break and taking a shower, then changing into my tracksuit.

One of my neighbours popped his head inside and tells me "Watch your back today."

He leaves just a quickly. I was thinking more about the pain in my lower back and on the lump at the base of my spine than anything else.

I started to feel nervous, my heart pounding a little faster and continued getting dressed but putting on my shoes instead of slippers and tying them on tight. New shoes I had bought from canteen. A little better comfort from the flat soled ones issued when you first arrive. Picking up a facecloth, I started dusting my room and making it clean to calm my nerves.

Suddenly, I spied out of the corner of my vision a few people gathering outside my door. They appear to be the same people that beat me earlier and my lawyers refused to photograph me. My door slides open without anybody knocking first.

This is taboo; everyone knocks first including the guards and waits for an answer before entering someone's room (this is in case you are in the process of getting dressed).

Being near the door, I grab the handle with my hand and stop it from opening all the way. I hear a grunt and two bodies try to squeeze into my room, red drug eyes glazed over. I punch the first in the throat with my left hand and with the same left arm; I bend it and elbow the kid beside him hard in his throat, leaning into the jab. Both leave with their hands around their own necks choking and run away, bug eyed with disbelief over this turn in their day. The third person, towers over me and tells me "Just take the beating, Kelvin." Right then I knew the RCMP targeted me.

I do not say a word as I felt him punch into my ribs, adrenaline pumping faster through my veins. I was angry, everything slowed down.

My left elbow arm extended out already I use my left hand to grab and hold this guy's right arm just inside his elbow, all to stop him from trying to punch me with that arm. Seeing his left arm cocked high and back and ready to punch me I lean into it and bite down with my jaw on his bisect and try to tear through his shirt. I do not stop biting him as my jaw clenches tight for dear life.

I suddenly realize that he cannot punch me but, he is trying to push me further into my cell, I shift my weight, counter his thrust, and keep him in the doorframe.

It is a stalemate now but I have a free arm so I do the only thing you do not do. I punch him in his groin. Then that does not stop him, I just grab his groin and yank hard and drag push him backward with his privates out my room and into the hallway, I let go and stop biting and slowly back away from him but stop at my door.

He glares at me but turns away and limps over to his cell. He is bed ridden for the week and limps out for his food. I do not feel any pity for the person.

My eye was dark and scratched on shoulder, staff took photos of incident, I called my lawyers to photograph this too but they refused to come in and see me. I called family and told them a bit about this.

Word spreads and I am never attacked again while at VIRCC. Some of the people actually thank me because the same crew was leaning on them. The range turns into a quiet one for a while.

November 16, 2005, Bump on lower spine has come back bigger, another request to doctor (fifth request now). Lots of puss discharging and something is hard in the lump.

November 17, 2005, Finally, a visit to the medical wing to see a Dr. J Henry and he put me on Cotrimoxazole tablets and Chlorlux shampoo. I take a good shower and go back to my room. I take the first tablet and my body starts feeling itchy.

November 19, 2005, Bloody sheets and blanket in the morning.

November 20, 2005, Back has grown to a hand sized lump, yellow, red blood seeping out with white puss. No sleep again tonight.

November 21, 2005, Red rash on both butt cheeks, no sleep again. I am itchy, all over my body.

November 22, 2005, Red rash spreading, face, legs, scalp. No sleep, eyes sore and swollen and now I have shortness of breath and a tight throat. I stop taking the medication and inform the guard.

November 23, 2005, First thing in the morning, I saw a doctor who changes my gauze and gives me some Antihistamine. He does some tests and it appears that I am allergic to Sulphur. He tells me to stop taking all medications. I tell him I already did.

November 25, 2005, Court, (transcript volume 11) Proceedings at sentence submissions by Crown and Defence. Sentenced to Life 19 years until eligibility for parole.

I went off to court thinking that maybe, someone would have reviewed the files and argued that they had the wrong person. Unfortunately, the sentence pronounced and I was to serve nineteen years. Repeating it again in my head, all for a murder I did not do with eligibility for parole set at Life 19.

Lawyers tell me that they will Appeal Sentence and Verdict, they will be waiting for transcripts, I ask for copies too. Told it will be $500.00 so I make arrangements and paid them to get copies for myself.

Judge Taylor quotes that the alley was dark yet photos show the attack occurred under a street light. The judge is very quick to say that there is absolutely no evidence against Mr. Charles Panet.... Bullshit, I think to myself.

There is a tonne of evidence that points directly at this person. He lied about his alibi, he was caught lying under oath, he was caught lying to the police and has had people that complained about his temper, his behaviour up to the day of this crime. I think he did it and just got away with it with the help of the police and Crown.

The only theory that makes any sense to me is that he had to be an informer for the RCMP. That is why Crown did not charge him with perjury and the police did not charge him with obstruction of justice. The thirty calls to the RMCP within sixty days of this and it does not tell how many calls the RCMP returned. All the knifes that he owns were never tested, and even the knife he now has but has told the court he mysteriously lost because it was rusting.

Too many red flags in my book. Nevertheless, as an informant, this all would be overlooked for sure.

November 26, 2005, Officer at VIRCC gives me a copy of a faxed form the Ministry of Public Safety and Solicitor General.

Titled Federal Custody Report for institution:

Vancouver Island Regional Correctional Center, CS#: 05819974. They assign Statutory Release Date: 2022.07.25; Full Parole Possible Date: 2014.03.25; Day Parole Possible Date: 2013.09.25; Unescorted Temporary Absence Date: 2010.01.23 and Final warrant Expiry Date: 2030.11.24.

This was quite shocking. Doing the calculations, that is 25 years instead of Life 19 that the judge imposed. In addition, there is no mention of Life but instead the Ministry puts Murder only.

This I bring up with my counsels to address at my appeal. Not that they will as they have not listened to my instructions to date, but I hope.

I get a letter from my mom and find out that Environment Canada shows that roads were icy the week of December 12, 2003.

December 3, 2005, The doctor here at VIRCC gives me a new drug Clindamycin 150 mg (Dalacine). No sleep all night, back is still very sore with lump that bothers my spine.

December 6, 2005, No sleep, back is still sore, and I have informed officers of my sore back and put in several requests for Dr.

December 7, 2005, Sent to Federal Institution called Pacific by con air flight – arrived RRAC at 4:00 p.m., assigned to room UnitA/A102. My new number is FPS:800875E. I do not get dinner today and any food for that matter all day.

December 8, 2005, Pushed panic button 6:00 a.m. as blood flowing down my back and on the sheets. I moved and the blood flow continued, gushing red around and into toilet. I was issued Ibuprofen 600 mg tab by a Dr. Alan Moore.

December 9, 2005, Transferred and got bath at hospital today Dr. B. Wilkinson medical hospital B 107 Tested MRSA positive.

December 10, 2005, Full move to hospital, I am in full isolation and air controlled Quarantine. Put on Vancomycin 500 mg Intravenous (IV) drip every six hours, including at night. New bag at 12:00 a.m., 6:00 a.m., 12:00 p.m., 6:00 p.m., continuous.... Boring routine for this.

December 20, 2005, I was told this is the last one, IV pulled out 6:00 a.m. Dr. Alan Moore to try other medication and back to IV. ** No dinner today, what is up with that? I am starving.

December 21, 2005, Dr. Alan Moore: Zyvoxam 600 mg tablets. This must be the new medication he was telling about to me.

December 23, 2005, Notice of Appeal on conviction & sentence field by Susan Wishart & Mayland McKimm.

I think this is OK. Nevertheless, should I not have a different lawyer for my appeal? Someone new that has a fresh set of eyes and a different perspective (someone that believes I am innocent) and specializes in appeals? I hope the Federal Custody Report is mentioned so I ask for copies prior to her filing for review. Susan Wishart promised me them.

Having my original trial counsels do my appeal I felt was not right. I was still unsure on all this court stuff.

December 24, 2005, Inmate Wellness Committee (IWC) sent me 7 pop, 7 chips, 5 Kit Kat's for Christmas pack, very thoughtful of them.

December 28, 2005, MRSA negative results, I guess this means that I will be back to RRAC then.

December 29, 2005, Yep, moved to B range RRAC at 10:00 a.m. ** no lunch, not let out... what a start to my day here.

December 30, 2005, Frustration, as staff refused to give me breakfast, pounded on door to be let out and so I did get lunch and some medication for my back.

December 31, 2005, Medication, last one. I hate meds as they mess you up but I realize that some are good for fighting infections.

A letter from family. Again, there was a newspaper picture and photo inside dated December 12, 2003, which clearly shows officers to only wearing one glove, and Cst. Holly Ann Turton pictured standing on bloody sidewalk! At the marker number six, beside the lamp post.

Furthermore, her not wearing protective gear and most likely cross contaminated the vehicle when she left and drove to Duncan and searched it that same day. Whenever her profile is finally compared, I will know for sure.

The reluctance of Crown not investigating this avenue open to the defence is baffling and prejudicially unfair. There is individualized suspicion that RCMP officers during investigation that a sample of these person's bodily substance will provide evidence of whether the unknown bodily substances found at the crime scene and in the vehicle was from these person's, it is only logical to eliminate all possible people who may have unknowingly cross contaminated the evidence before the courts.

The imputed error of not testing these RCMP officers involved and them handling and touching evidence in my case and not scientifically ruling them out but just giving them all a 'hall pass' is clearly wrong. It is unreasonable and is a reversible error that needs correcting and in the interests of justice to do so to address, a very real possible continued injustice.

During my first few years, I waited for my lawyers to do an appeal in the BC Court of Appeals on my Conviction and Length of Sentence.

January 3, 2006, I got letter back from my lawyer, this is third time it came back, so re mailed again... games being played by CSC.

I came across what a 'Tilley' hat looks like, as there were several pages on the founder Alex Tilley by Doug Forster, Canada Business January 16 to 29, 2006, p 64. Kinda like an Australian cowboy hat.

Reviewing the Duncan Payless DVD video surveillance tapes, I watch more of it and suddenly I see someone enter wearing a Tilley hat and I thought it was strange. Could this be the murderer, a new suspect that just happens to enter the Duncan gas station too and just over one hour after the Nanaimo around 6:21 a.m. murder on December 12, 2003.

This is eye opening!

7:26:14 a.m. A suspect in my eyes wearing dark clothing, dirty jeans and the elusive 'Tilley' hat that the RCMP are looking for. The timing fits with a drive from Nanaimo to Duncan.

What can I do?

It seems that nobody wants to listen to me. All I can do is tell my counsels and they said they would look into it.

I doubt it.

All I wonder is why are the police not investigating this person?

February 27, 2006, Legal package arrived today from my lawyer Susan Wishart, the officer took several family pictures and refused to give them back saying "these you can't have."

I told my Aunt Cathy on the phone, and a letter arrived from legal aid tells me that I am approved for my appeal on conviction and sentence.

Susan Wishart explained that they filed for both, but would do the conviction part of the appeal first. I asked for copies of everything prior to it being submitted to the court so that I could go over it and check for mistakes but, only typical of them not following my instructions, I received a copy only after the motion was filed.

March 6, 2006, Transfer papers arrived today. Going to Pacific building U/D209. Yeah, AAP (Alternative Assignment Program) this is better than being transferred to Kent Institution. Many of the people here say that it is like winning the lottery being allowed to stay at Pacific Institution.

March 7, 2006, Transferred to Pacific from RRAC.

March 8, 2006, Applied for hobby permit and school permit.

I am now the new cart pusher for D Range, U Unit. It is an good job as I wake up early anyways. I go to the kitchen and get all the meals for my range, which is in a small grey cart. I push it (rain, snow and shine) to the unit seven days a week and getting paid for five, unloading the sixteen cold and sometimes semi warm meals (breakfast, lunch and dinner) on brown trays and walking them up to the second level for the guys to spoon into their plastic containers to re heat in a shared microwave and toaster oven.

All toaster ovens have been removed now, so we cannot re heat and cook our meals anymore and actually eat them hot. After the cold meal, I return the cart to the kitchen to begin again at the next mealtime.

I thought we were entitled to two hot meals a day.

Again, I was wrong.

This job in fact works out great for me as it does not take up much time and I am able to go to school and library in the mornings and study law and work on my own legal case appeals.

My afternoons and evenings are busy in the Hobby Shop learning stained glass, leatherwork, and woodcarving. When the weather is nice, I spend a bit of time on the tennis courts and an hour in the weight pit each evening.

At evening after lock up, I read a book sometimes two each evening.

Keeping busy, the days fly by fast.

My Uncle Duncan Tait has to have a kidney transplant. I volunteered. The hospital did the blood tests and found out that I am a match. Arrangements for a CAT scan are ordered as the last stage in this process prior to going to the hospital and taking a kidney from me.

I receive a letter from the hospital and I am informed that being in jail, I no longer qualify to donate an organ to a needed family member! This is crap.

Phoned Hal my biological father and talked to Virgie, my father has a cist on his back, when he tried to get up out of bed, it bust and he is paralyzed, transferred to the Health Science Center, 800 Sherbrook, Winnipeg, MB, (floor 5, 265.3).

I asked for ETA's to visit him due to family emergency but I was denied and was informed to me that my dad being paralyzed was not life threatening nor was it terminal and so compassionate leave would be denied to me.

I was a bit upset.

My dad had been rushed to the local hospital and immediately transferred to the neighbouring province and city of Winnipeg, Manitoba. He was paralyzed. None of the doctors knew what was going on with him or whether he would make it. When I called and talked to Virgie his wife, she did not know if he would make it at all. My step mom Virgie appeared stressed over this whole incident. They did not know if he would survive the operations.

There was a large cist on his lower spine that broke and suddenly wrecked his life; I was informed that he would not walk again. Now, I was not allowed to go over and say goodbye to him. This was just in case he did not pull through and died during his surgery.

I was very upset over CSC attitude on my denied compassionate Escorted Temporary Absences and ETA's as we call them. I wanted to see my dad one last time, just in case he died during his operations as family, Virgie and one of the doctors in Winnipeg informed me that it was a very real possibility.

A ray of hope.

My mom Helen Purdy sent me a copy of a letter she sent to a person called Peter Warren:

September 24, 2006

Hi Kelvin – Here is a letter I sent to Peter Warren.

Also sent a few of your "little boy" pictures.

Forgot to put in that we didn't have TV from 1980 to 1991.

~ Helen Purdy

Peter Warren

Dear Peter,

Here is an attempt to condense 33 years of Kelvin's life. If you have further questions or anything else we can do, please let us know. Enclosed with this letter are a few things that may help you capture what Kelvin was like prior to this terrible predicament and injustice.

Kelvin before adoption

From about 3 years of age (1971), Kelvin along with his younger brother Lawrence was cared for by their father Hal and his grandmother. Our only understanding of why Kelvin and Lawrence were in this situation is.... that Hal Perkins, Kelvin's biological father told us that when he and his wife Leona separated, he brought the boys with him from Nanaimo back to his hometown Dryden, Ontario. Cathy and Leona would be able to tell you that story, as we have never asked Leona what happened and why the family split.

It came to a point where Hal couldn't cope caring for his boys so Children's Aid became involved and they were placed in foster care. Lawrence was adopted at around 2 years of age and Kelvin was moved from foster home to foster home until he came to us July 23, 1973. He was on probation with us for 6 months and legally became ours in January 1974.

The wonderful thing is.... Kelvin has found his biological family and we (adoptive and biological families), know each other and all love and support him.

Kelvin after adoption

Kelvin (5 years old) was the cutest, sweetest and most affectionate little fellow. Right from the beginning he called us Mom and Dad. Much to our surprise... he was good natured and happy and settled in beautifully... although he was VERY energetic, busy and curious. We had been warned by Children's Aid that many children who have been in "care" act out in negative ways with temper tantrums, biting etc but NOT Kelvin.

Kelvin was behind in his language skills in both speaking and understanding. As soon as he started school, the teacher put him in a Speech Therapy Class. Within a couple of years he caught up with his pronunciation and understanding of words although his ability to express himself took many years to develop.

Because of Kelvin's energy level, he demanded a lot of attention and we had to be creative in channelling it. His attention span was short for schoolwork or anything where he had to sit for a long time but he could spend hours playing with Lego or his other toys.

He was a Beaver and a Cub Scout and eventually when old enough had a paper route. He attended church weekly, sang in the choir and was an altar server.

We had the usual struggles of coping with an extremely busy life i.e.: family, home, work, etc. but we either took a trip to Florida in winter to re group as a family or went to our cottage during holidays (all seasons) where we had time to relax and do fun things together. Kelvin liked fishing, swimming, sail boarding, paddle boating, canoeing and kayaking.

In 1980 when Kelvin was twelve Dean was asked to be chaplain at a private school... so we moved as a family to a house right on the campus. Kelvin slept at home but otherwise was completely immersed and involved with the academics and extra curricular activities offered by the school from Grade 7 to Grade 13. By the time, he graduated at 19 years of age he was probably the best he could be at that time of his life. We were very proud of his accomplishments and so was he.

The good thing about a private school education is that the classes are smaller and there is far more opportunity to get help if you need it. There are many opportunities to learn to do so many things i.e.: debating, acting, sports of all kinds, singing in choir, playing musical instruments, art, camping etc. He tried them all and became very accomplished at some.... especially cross country skiing and white water kayaking. The downside of attending a private school can be that your life is so controlled, scheduled and busy that when you do leave the school if you aren't self disciplined, you will find yourself dashing around aimlessly.

Kelvin started out at Carleton University in Engineering but lasted one year. After that, he spent a few years wandering around "trying to find himself." Some of those years were good and some more difficult. Kelvin would be able to fill you in on those as he pretty much left home after high school only coming back home to live for a couple of very short periods of time between jobs.

In 1993, he met Denise through his land lady Carmen who immigrated to Canada from the Dominican Republic. Kelvin started corresponding with Denise (with Carmen's help) and in June flew to the Dominican Republic to meet her for the first time. When he arrived home, Kelvin announced that he was going back in September to marry Denise. We remember asking him why he wanted to marry her when he didn't even know her, and he said, "Because she loves me." We were against the marriage at that time, as Kelvin couldn't speak Spanish and Denise couldn't speak English and we thought he would be making a terrible mistake.

However, Kelvin is very trusting and somewhat naive and we could not talk him out of it... so off he went. In spite of our concerns, the marriage lasted almost 10 years. They seemed happy, have two beautiful children and during that time we grew to know and love Denise very much.

Kelvin has always had the amazing ability to overcome adversity and move on with his life. Yes, he loved Denise and was devastated by their separation... but when he discovered... after two failed attempts at reconciling with Denise.... that their marriage wasn't going to work, he (unwisely in our opinion) too quickly moved on into another relationship with Jennifer Whyte. He and his new partner had plans to marry in 2004.

There are some people who cannot live alone and we think Kelvin is one of them. In a conversation with Denise a couple of weeks before she died, Denise said that "Kelvin had a fiancée" and "That he shouldn't have done that".

I wish now that I had asked Denise more about why she felt that way. She was at the time involved with Charles.

Why would it matter to her what Kelvin did?

Hindsight is always good. I could kick myself now for not following up.

Kelvin is a person who picks up a spider in the house and puts it outside so it will live. He caught fish by the hundreds and released them. When he was young, he found an injured (actually dead) squirrel outside in the yard and put it in his dresser drawer to try to save it. We eventually found out because the smell was incredible!!

Kelvin would give you the shirt off his back. He loves his children and would do anything for them. Because of a court order, he cannot see them or have any contact with them so he took on a foster child through World Vision. He wanted to donate a kidney to his Uncle but was not allowed because he is in prison.

The Kelvin we know is NOT violent.

Kelvin could never keep a secret so our feeling is that if he did kill Denise he would have told someone or let it slip by now.

He maintains his innocence!!

We know Kelvin and we love him.

We will stand by him and support him through good times and bad...... all the days of our lives!!

~ Helen Purdy, Rosebank Manor
Soon after receiving this letter, I get a visit from Peter Warren here at Pacific Institution.

The interview, was short, blunt and to the point. Just like his interviews on the Mike on Crime radio interviews, I listen to on Sunday's.

Peter comes in and straight away "I have to ask, did you do it?"

"No" I replied forthwith without hesitation.

"Well, what kind of lawyers did you have?" Peter grills me.

"What do you mean?" I am at a loss.

"I've looked at the DNA profiles, it's not you."

"I know that." I respond back.

"Then again I ask you, what kind of lawyers did you have? Were they incompetent idiots?"

All I could do was shake my head in the affirmative. We then chatted about a few other things, like other cases he has worked on with AIDWYC, which I knew was the Association in Defence for the Wrongfully Convicted out of Toronto and about his move from Winnipeg to Victoria with his wife.

I chatted about my childhood a little bit. Being born in Dryden, Ontario and being adopted and raised by the Purdy's since I was five years old. Along with my three wonderful sisters Jennifer, Laura and Elizabeth.

Explained to him about my upbringing, the Ivy League school I was fortunate to attend Lakefield College School. The universities: Carleton University, British Columbia Justice Institute, and Malaspina University that has been renamed Vancouver Island University.

My stained glass hobbies, is what I do here in jail to pass the time along with tennis. My dreams are on hold, being searching for a location site for building my Bed & Breakfast at an airport in the backcountry or finding a home to turn into one with hangers for rental and building experimental kit airplanes.

My dreams have altered somewhat. I will open a Bed and Breakfast upon release but to also open a Private Investigations firm to get DNA samples to prove cross contamination in my case and help others incarcerated prove their innocence too.

I explained that our wish was to have all our kids attend Lakefield College School. Denise had agreed with me on this as a possible fair compromise and the girls would probably get a better and more rounded education and healthy for them with a structured sports curriculum available only at a private school.

Over the hour meeting, we chatted about how I met my wife Denise, being a pen pal and my three beautiful daughters. When three came up, I explained about my first daughter being taken by children's aid society (CAS) when I was in Ontario and not being given the opportunity to raise her when I was a single father, working at the time at Plastalene Ontario Inc.

The courts and CAS ignored my pleas to take care of my own child after they snatched her without cause from my ex girlfriend Kathleen Girard.

One day I believe I will get the funds to right these wrongs and hire a lawyer and prosecutor to act, as Crown should have done and charge those with perjury, obstruction of justice and tampering with evidence and case files.

Everyone will one day be held accountable for what they have done and not done. I will dig, swab, test, find out the truth and show my kids and everyone who cares to listen to me. And I can only hope that the Courts one day decide to act and help me.

This is the only promise I can make for my children.

Explaining to Peter that I will find out the truth.

I chatted about the denied access to my children and that I had only retained Mayland McKimm and Susan Wishart to act for me in my trial whether they also worked on my custody access. They refused to do this. I explained that sometime during my trial, it appeared that my lawyers stopped acting for and as counsel for me. I had requested a computer system and full access to all my case files yet, still have not gotten these things.

Then about my religion, lack thereof. I was still trying to find myself. I was raised Anglican, but all my girlfriends tend to be Roman Catholic so I attend both services. I explain that I am not very religious; I just like to sing and play music at church. I have a flute inside these walls and would play along and do solos during communion as a flutist. I dream of one day having a better quality flute.

Peter suggested that I make an album; I would if I had a computer with a microphone to record my music. I always took my children to church, Anglican one week, Roman Catholic the next.

Stephanie and Kimberly were both enrolled in the Roman Catholic bible study in Nanaimo and I enjoyed taking them. We visited many Buddhist parks and beaches to learn about the local wildlife and community events.

Along with my Cart pusher job, I acquired a new job at this time being the Chapel Clerk and Chaplains Clerk. Never could figure out the difference in the two names. The bottom line is that I worked at the chapel and for the chaplains and I assisted all the faiths with their various needs: Muslim, Seek, Wicca, Judaism, Buddhist, Native and all the weekly and monthly bible studies, seminars and visitor events that occurred over the years.

I became learned in many, but none as I would call my very own. My path was and is a wandering one. I am more drawn to a cross between the Anglican path for which I grew up as one. It seems that all my girlfriends and my ex wife were Roman Catholics and I attended their services too, Jewish (first testament), Wiccan path, the Buddhist and Native ways are paths I continue to practice and study and learn. Knowledge is power. I am still searching for mine.

I enjoy the silence of meditations and to visit no harm to any sentient being. I practice a one day silent retreat each month and two hours of structured meditation each Thursday evenings. I also meditate each morning for two hours and an hour at noon each day.

When I walk, my eyes dart down before each step only to avoid stepping on ants and I stop to help the worms get to soil from the sidewalks. Currently, I am still finding my religious way through many paths.

My thoughts on Religion: Every religion contains fragments of the truth, I strive to identify those fragments and piece them together. I also believe that the world behaves according to certain inviolable rules and that by persistent effort; I can discover those rules and use them to predict events when circumstances repeat.

We make for ourselves a place where we are responsible for our own actions, where we can be kind to one another because we want to and because it is the right thing to do instead of being frightened into behaving by the threat of divine punishment.

I gave Peter Warren a small stained glass piece of some hummingbirds and flowers on etched glass with a 3D flower and 3D hummingbird attached to the top left corner too. I receive a picture of him holding it at Aina & Mike Baron's, my grandparent's house here in Abbotsford, British Columbia.

Realizing I had so more to tell Peter Warren and did not during his visit, I sent him a follow up letter in the form of a reply to the letter that my mom Helen Purdy sent him.

A lot of this is repetition from what I have written to date and will again be forced to repeat myself as I continue with my appeals included to the courts.
Dear Peter Warren,

The squirrel was still alive when I saw it run over by a car in Carp, Ontario. As I did not want to leave a helpless animal to die outside, I brought it inside and made it as comfortable as possible in my drawer. (1978)

Before I asked my girlfriend Jennifer Whyte to marry me, I asked her father Bill Whyte permission to marry in 2003. The stipulation I told him was that we would wait until the summer of 2005 (over 2 years after my divorce) just to make sure that we were right for each other.

Because, I did not want to rush into another marriage too quickly. I agreed to move to Duncan to get to know the family a bit better and keep Nathan (Jennifer's son) in pre school / day care in Duncan for the remainder of the 2003/2004 school year.

I was also busy making plans to move to Whistler in the spring as there was lots of opportunity there for both of us and I was pre approved for a $240,000.00 home. I was very excited to be a homeowner soon! So, keeping busy I put out a lot of resumes in Duncan, including with Don at his Payless Gas station after a conversation with him at his new car wash on Saturday the 5th December 2003.

I had my first beautiful daughter named Amanda Stephanie Girard Purdy born in 11 July 1991 in Ottawa, Ontario. Mother: Kathleen Girard of Cornwall, Ontario, Katy Perry reminds me of her. I broke up with her due to the fact that she had been sleeping around with other men and I caught her when I came home an hour early from working. Many times after work, I found her alone with her so called 'friends'. I came home an hour early one evening and caught her in bed with her 'friend'.

With proof in my face, I realized they were friends with benefits. Thus, she not being faithful, I packed my things, left her that evening, and moved to a two bedroom apartment, a block away.

A few days later, I learned that our daughter was apprehended by Children's Aid Society from Kathleen's residence and without notice was put up for adoption by Children's Aid. Shocked, I tried to adopt her. As I did not have any family support at that time for raising her, the courts prejudicially refused to give me a chance because I was a male. I remember the CSC worker Dean Stanley holding an empty file to the judge about me and was furious.

I went through all the tests, interviews and assessments they sent me to in Ottawa and at the local CSC office in Nanaimo so they had to have a large file on myself. This Dean Stanley was in charge of the adoption motion and was deliberately lying to the judge in chambers. This was perjury. Being indigent, I still cannot afford to get the transcripts from that fateful day or hire adequate counsels to charge this person with Abduction and perjury. One day I hope to.

Months later, I located my biological parents and families and told them of my situation with my daughter Amanda with me wanting the opportunity to try to raise her myself. I had their support but my lawyer told me it was too late with the Ontario Courts and 'Dean' at Cornwall Children's Aid Society told the court that 'they had mysteriously lost my file' including all the test results they had me go to Ottawa to partake in. This was frustrating and unfair. I do not care for the messed up organization that likes to tear families apart without reason or cause! I thought they were there to help keep families and children together with their parents or parent.

Being very depressed and feeling abandoned by my adopted family. That is when I decided to take a vacation and visit my pen pal named: Dennis (Denise) Liranzo Marte Rosario from Santiago in the Dominican Republic. I went down there and met my long time pen pal, of just over one and a half years. Spur of the moment, I went down with a day's notice, and met her on a surprise visit. I flew down to Puerto Plata, Dominican Republic. This was beautiful country with white sandy beaches and very friendly and laid back, happy people! Something I really needed in this sad dark time of my life, another vacation.

I rented a room at the hotel and then, I made my way to the city of Santiago, via local transportation. Jumped on a motorbike taxi, then the local bus run to Santiago (it had a sign in the window stating the city Santiago). From there, a car taxi with letters depicting their routes ... I took 'M' which took me downtown and the fact that Denise had told me about this mode of travel and how she gets from place to place for only two and a half pesos! This was the first time that I got a coin that was half a peso!

I got out when I saw the main market and prison. Then, I started walking down the hill until I found her street. This was only possible because in our letters to each other, she told me she lived close to the river, and if she went up the hill, she was downtown at the prison and just blocks from their monument. I realised that heading down the hill from downtown brought be to a block of her house. Just below the prison and across from the farmers market, which she had told me about.

Identifying her house from photographs we had exchanged was easy. After finding her home, I went back up the hill, and used a pay phone near the market. I called and we chatted a few minutes and I asked what she was doing today... 'Just cleaning' she told me. I said 'I'll see you soon' and hung up and one minutes later walked up to her house. I remember her coming out of the house with a mop and seeing me smiling at her, dropping the mop, she screamed and ran back inside yelling because she was not dressed for visitors as she was wearing only her dirty cleaning cloths, no makeup and in her natural beauty. I helped her get her house in order, which she thought was very odd for a man to do before we went out on the town. I was introduced to her grandmother, family, and neighbours and got along very well with everyone.

Later, I find out that men in her country do not clean, cook, wash clothes or does any of the 'house work'. This was for the women. Using a Spanish/English dictionary phrase book, we spent the rest of the day and then the whole night talking while walking along the river and the whole next day talking... we chatted about everything!

We chatted about work, our hopes, our dreams, children, my daughter Amanda and her being adopted, our past relationships, where we hope to be in five, ten or even twenty years from now. My dreams for a Bed and Breakfast in the country at an airport and making airplanes and learned about her dream for making wedding dresses and opening a store for that and a money lending store here in Santiago. I dream I helped her complete.

Denise told me about her recent break up with her last boyfriend that lasted several years but he hit her across the face! She told me that she would never be with anyone who abused her. She was very opinionated and strong willed woman. She was very friendly to everyone she met.

Denise did not like pets as she was raised to treat them poorly. I remember seeing her kick a cat and the cat go flying out the door. Seeing this absent minded cruelty burned into my mind, I vowed not to have pets with her until she changed. I myself would bring from Canada, cat and dog treats down to the Dominican Republic and share them with the animals that lived on her street. I always had treats in my pockets when I toured the countryside. I was in the families' eyes, a kind, gentle and popular yet strange 'gringo tourista'.

After Denise came to Canada and after my kids were born, I took them weekly with me to my trips to the SPCA (humane society) and animal farms to get a better understanding of the feelings of animals and that they are people too. I would buy a bag of dog food and cat food each week and drop it off too. Denise thought it was a waste of money and time and she would prefer to go shopping instead in the malls while I visited the animals.

On the third day after meeting her, I proposed to her on the way to the market. She surprised me and accepted! We were then arranging to marry and did so when I came back to see her six weeks later.

It took a year and a half to get her visa from Canada and only after I complained and the visa department informed me that she was already in Canada. This was frustrating and by now, our first daughter had been born: Stephanie Esther Purdy in Santiago, Dominican Republic. I registered Stephanie as Canadian in my passport and as a resident of Canada. The visa was straightened out and they both flew into Canada.

We lived in Cornwall, Ontario for the summer and then we moved to Dryden, Ontario for the first Canadian winter. Denise learned to ice fish, hunt, ride a snowmobile, learn about frostbite and in the spring we moved to Nanaimo, British Columbia.

After a short time in Nanaimo, we had our second daughter Kimberly Kingsbury Purdy. I decided I needed to get a career going so, during our time together in Nanaimo. I went back to school and took a Hospitality and Tourism Diploma. I worked for several companies: Sheraton Four Points Hotel, the Great Canadian Casino and several other jobs all at the same time. Then I got a job at the Pemberton Hotel in Pemberton, just outside of Whistler. I ended up working there as the Head Chef for a year and at the Pan Pacific Hotel as the breakfast chef and at the Pemberton gas station as a night teller. Denise got a job at Longlake Chateau as a dishwasher with the help of my biological mother Leona.

I was working about 100 to 120 hours per week with these jobs! Not much family time. With the expensive ferry, commutes back to the island on weekends or sending for the family to come and ski it was more economical for me to leave and continue my culinary studies back in Nanaimo. With money saved and my new Saturn SC2 coupe car paid off a year early, I was stoked to get working on my dreams of owning my own Bed and Breakfast and working for myself as an entrepreneur.

During my studies, I started flying and after 10 hours I was classified as a student pilot. During these classes, I learned that Denise became involved with another man named Charles Wilson Panet. I learned of her adultery by asking her and so I moved out. We tried to reconcile a few times on Mother's day and Father's day but, I did not care for her sneaking out and sleeping with him too when I went to work and I called home and he was there and so the relationship was over as without trust, the foundation is gone.

Completing my culinary studies and graduated alone, I had numerous job opportunities at the completion of my culinary arts program at Malaspina University in the fall of 2003. Options to move to Hawaii, Fiji, Dominican Republic, New York, California, Vegas, Houston, Florida, Australia, Spain, and In Canada: Whistler, Pemberton, Vancouver, Victoria, Merritt, Jasper, Ottawa, Toronto, Winnipeg, Calgary. Even some cruise ships had expressed an interest in me.

Each opportunity had their merits and disadvantage's. If I moved too far, visiting rights with my children would have been very hard to maintain with the current orders of weekends only unless, we had an equal sharing of week on/off. In addition, alternative schooling would have been more of an issue as we both wanted to send our children to private school but we needed to wait and see about coming to an agreement on school locations for 2004.

We had agreed to keep Stephanie in school in Nanaimo and Kimberly was expected to follow with her sister.

Three months after moving on my own and juggling child custody days on and off. I met a girl on line via the Malaspina University website named Jennifer Whyte who also was a student and had finished a year there. She told me she had a separation with her last boyfriend and she had a child too, a son named Nathan. She was living in Duncan at the time but after dating her for a bit she agreed and moved into my residence for the summer of 2003 as she had gotten a job in Nanaimo at MSN and it would be convenient to be living there too. It just made sense.

During the summer of 2003, I filed numerous police complaints about Denise and Charles about their continuous phone call harassment and breach of court ordered no harassment order, which the police refused to uphold.

With the lack of police support for court orders in Nanaimo, Jennifer and myself decided that if we moved to Duncan, Denise & Charles would stop the harassing calls, as the rate would be long distance charges for them. This worked just as we planned and a huge number of harassing phone calls went down. From five to seven harassing calls a day to just one call in the evening, to say goodnight to our children when I had court ordered custody of them.

I traveled up and down the island looking at airports and checking them out for a possible bed and breakfast location. Jennifer, I think did not care too much for all the travelling. She preferred Duncan and being close to her family. The airport there was small and had some potential. My dreams were put on hold again while I sorted this all out.

Myself, I was planning to file a new court order for a change in visiting rights in the New Year. I could not afford the cost of using a lawyer for a more equal sharing of time for our children due to us living farther away and with the support payments, I had at the time eating into my work pay.

Some time later, my dreams were refreshed when surfing on the internet and discovering canard aircraft. I renewed my passion by ordering the fist part of my Velocity Aircraft kit plane from Florida. I paid for the info pack, received the plans, and had settled on the XLRG 5 (eXtra Long wings with Retractable Gear and 5 seats).

Being a designer at heart, I had already started and modified the plans. I was going to turn it into an eight seater! Make it a little wider, taller, longer, and put twin engines on it and change the side doors to a rear ramp and hatch. A whole lot of autoCAD modifications but challenging. Talk about a new experimental aircraft! XLRG 8T (eXtra Long wings with Retractable Gear and 8 seats, Twin engines).

I figure that by the time I built it, family will have grown and I will need the room and increased range for transcontinental flights. One of my dreams was to fly around the world in my own plane. This would be a step closer to this dream by building my own.

This brings us up to December 2003; I hope this clears up a few things in my mom's letter to you, Peter Warren.

If you can take a wee little more of my early history, here goes: schooling for myself was fun, starting for a year in Lakefield, Ontario then we moved to Ottawa for a year. Then we settled in Carp, Ontario for my junior school.

This ended with me spending my last summer in the Children's Hospital in Ottawa, due to a fall in the junior schoolyard on the last day of my grade six class with myself bruising my kidney. Not a very pleasant summer! Although I did get to meet the Snow Birds and get a signed wall poster for my room. High school, grades seven to thirteen I did at Lakefield College School (1980 to 1987).

Carleton University for my first year in Mechanical Engineering. The military for some testing and training in Aviation then I transferred to the Navy MARS officer training. After our nuclear sub program was cut, I was asked to stay and work on our aging O class diesel submarines but I declined and was honourably discharged. For a whole year, I was waiting as the clause indicated that I could be called back within a year if we went to war.

A year went by, no wars. While waiting for this, I jumped at the chance to upgrade my computer programming over at St. Lawrence College in Cornwall, Ontario. Then, I worked at Plastalene Ontario Inc., a plastic extrusion factory and after learning the ropes in the dual extruders, colours, inventory/warehouse, grinders, plastic welders, became their chief Quality Control Supervisor until the factory was sold.

At that time, my first daughter Amanda Stephanie Girard Purdy was born and my girlfriend Kathleen Girard started seeing other people. We separated and soon thereafter, my daughter was taken by Children's Aid Society in Cornwall. The courts refused to allow me the opportunity to raise my own daughter.

Then, I was laid off work and I received a severance package of $5000.00 and so I went to the Dominican Republic to clear my head and take a break from this cruel turn of events. I met my long time pen pal Denise Liranzo Marte and after three days asked her to marry me, she agreed and so we got married about six weeks later. I spent a year and a half getting my family into Canada. My second daughter Stephanie Esther Purdy was born at that time in Santiago, Dominican Republic. Denise thought it would be good to have both girls have the name Stephanie so that one day when they met, they could have a family bond in their names.

Then after spending their first summer in Cornwall, Ontario we all moved to Dryden, Ontario for the winter where I worked at Safeway stocking shelve.

Then we moved off to British Columbia where I entered McMillan College and acquired a Hospitality & Tourism Diploma. Taking courses through the Justice Institute of British Columbia, as a BC Fire Fighter Level 1 with 280 hours of credits earned so far. I then was accepted and entered Malaspina University College for their prestigious Chef Training & Culinary Arts Diploma and graduated in the fall of 2003.

As a culinary chef by trade as having worked at several places and chains of hotels and restaurants like the Pan Pacific Hotel, Pemberton Hotel, Sheraton Four Point Hotel, White Spot, Pizza Hut, The Pantry Family Restaurant.

What also interested me was learning all aspects of home repairs. Therefore, I took many short time jobs learning about being a roofer, tiler, painter, general maintenance, swimming pool technician, framer, window glazer, and mill worker in cedar speciality band saw, table saw, and chainsaws. Gas, electric and diesel forklifts and was an E Z loader operator where I acquired my air brake endorsement for driving these machines.

Other certificates I have acquired during my discoveries were: Canadian Red Cross Ski Patroller( Nordic and Alpine ), Canadian Ski Instructor in Whistler, NAUI Scuba Diver Certified Open Water, Hobby Student Pilot and Certified Radio Operator Licensed, White Water Kayaking & Windsurfing Instructor, School Tutor, Firearms Acquisition Certificate, Junior Forest Ranger.

Volunteer Firefighter for a year in the city of Nanaimo and worked several community events as a volunteer like on Canada Day & Bathtub day in Nanaimo. In 2004, I had planned to enter as a competitor in the Nanaimo Bathtub day race. I also liked to ice carve and have entered the Fire & Ice Competitions on Vancouver Island, the last one being in 2003 where I carved a four foot spring salmon jumping out of the water.

Going to my ex wife, Denise Aldagisa Liranzo Purdy

She was also known as Fanny by her friends and pronounced as Denise for everyone else although her written name was Denise.

She was my best friend and a pen pal for a year and a half before I met her. Born on 19 February 1973 in Santiago, Dominican Republic but passed away on December 12, 2003. She married me on the 9 September 1993 in Santiago, Dominican Republic.

Over 10 years of conversations with her and this is a summary of what she told me: After graduation from high school, she took sewing school classes and became a seamstress. She worked at numerous sewing companies in the Dominican Republic. Her first job was working at a new wedding gown store and then got into better paid work with a children's clothing factory until, she married myself and became pregnant.

In the Dominican Republic, anyone who is pregnant is automatically fired! Can you believe this? Therefore, after losing her job, she only received financial support from me for her living expenses until the Visa from Canada was issued. This took a year and a half.

Me being very patient and waiting for the both of us and then our daughter was born while waiting for the Visa. Many of her family and friends thought that I would not bring her into Canada and was going to leave her in her country. We proved them all wrong!

During that time I flew down to visit my wonderful wife (and later wife and child Stephanie) every three months. This was easy due to the fact that I was working as a delivery person for a Greek restaurant in Cornwall, Ontario called Pegasus and as a contacted independent long distance delivery driver (driving from Cornwall, Toronto, Montreal, Ottawa) and so I was able to take time off and fly with the cheap rates out of Ontario.

At the time, it was $134.00 for a return ticket to the Dominican Republic and after taxes and airport fees, the final cost for me was $198.00. Two dollars shy of two hundred. I liked the fact I always got two bucks back. This was basically stand by fare and I would only have to worry about food and local transportation costs plus the other things to do while down on vacation.

We travelled a lot over the countryside and I learned a lot about her country. I made some home improvements while staying at her house, by painting, replacing and fixing things. We liked to stay in Puerto Plata on Long Beach just outside the tourist resorts. After she received her VISA, she was allowed to come to Canada.

We moved to Cornwall, Ontario where she started to learn English. After one summer, we moved to Dryden in the fall to live with my father, Hal Perkins where Denise started to take English courses at a second language seminar for immigrants. In the spring, we moved to Nanaimo, British Columbia and lived ever since while together.

Her employment was at Long Lake Chateau in Nanaimo, BC as a general helper where she became the head dishwasher/ kitchen helper. She got the job with help of my biological mother Leona Whiting who was working there at the time. Her primary and first language was Spanish but later with help, she became fluent in English. Yellow was her favourite colour, next came purple. Favourite Artist: Julio Iglesias and her albums: Moments, Tango, La Carretera, Chayanne: Simplemente, Los Del Rio: A mi me gusta.

We both loved to travel, explore and to see new things. Very afraid of heights and speed like when we went skiing at Whistler, she only preferred the children's run or to watch from the Chalet. I give her credit, as she would always try something at least once, before deciding if she liked it or not. The same was true with our children.

Denise dreamed of owning her own home with her family all together and living here in Canada and making wedding dresses to sell. She wanted to sponsor all her sisters into Canada. She did not like to give money away, and so was very conscious of everything she bought. After discovering shopping malls here in Canada. She did like to splurge once in a while... could not resist a pair of shoes on sale! What woman could?

Denise liked to wear the colour brown or chocolate and, she liked white chocolate bars and sweets and caramel flavoured coffee with cream & sugar. Food, she enjoyed salted fish, prawns, crab and salmon... in fact all seafood dishes but more so when she got to fish and catch from the ocean and rivers. Eating in restaurants: Chinese Buffets so long as they had an all you could eat times. Even now, our children love the same food. We loved to Spanish dance and meet new people from all over the world.

Her favourite sport was Basketball.

Our first daughter together we named Stephanie Esther Purdy. Born 22nd March 1994 Santiago, Dominican Republic. First languages learned were Spanish and English together. Educated in Nanaimo, BC. Her favourite colour being purple although she has morphed to the blues and greens now. Loves to ski but not snowboard, as she has tried both. Accomplishments: At the age of seven, she skied from the top to bottom of Whistler Mountain Alpine Skiing. She always liked to try something once, before deciding if she liked it or not. Dreams of being a paramedic when she graduates school. Favourite sports would be soccer; she was nine when her mother passed away.

Our second daughter, Kimberly Kingsbury Purdy was born 7th February 2000 in Nanaimo, British Columbia, Canada. She learned two languages while growing up, Spanish and English. Educated in Nanaimo, BC. Her favourite colour is pink and dreams of being an actress and pastry chef. She likes all chocolates and of course candy and while I was with her, she loved her green salads, chicken, rice and potatoes just like her sister. With sports, she was actively swimming, running, and gymnastics.

Jumping into my divorce in 2003. The Supreme Court judge, Master Peterson was our Divorce Judge on 22 May 2003, and his ruling was:

50% Custody and 50% Guardianship was granted to both parties.

Master Landers was our divorce Judge on the 4 September 2003, and his biased ruling was for 0 % Custody and 50 % Guardianship for myself and even though I was asking for one week on and one week off to be with our children. This week on/week off was something that we had worked with all summer long until 4 September 2003, when school for our children was going to start. Judge Landers said that 'one week was too long for one parent to be away from their child'

His biased and stupid idea of a 'fair' schedule instead of week on week off was for me to have a clearly reduced scheduled access with our children as he clearly favoured my adulterous ex wife:

Week 1: Thursday 3 p.m. to Sunday 5 p.m.

Week 2: Friday 1 p.m. to Sunday 5 p.m.

Week 3: Thursday 3 p.m. to Sunday 5 p.m.

Week 4: No access for children

With this schedule, I was ordered to be without access of my children from week three (3) Sunday until week one (1) Thursday a total of 11 Days which was totally contrary to what Master Lander's said during court which was, 'one week was too long for one parent to be away from their child'.

Even my children were very upset over this unfair arrangement as they both explained how they liked the week on and week off routine we were using until the lawyers became involved in this separation and the judge complicated custody matters with his unfair schedule.

The children liked and voiced how it was easy to know where they could go after school. Left to mom's this week and right to dad's the next week. Chopping up the week into segmented schedules made it very confusing and upsetting for them now as they complained that they no longer had equal time with both of us parents. Sad but now very true.

I was planning to appeal this judge's clearly biased court order, sometime in the new year of 2004 after I had found a new lawyer to represent my best interests and my children's interests too. Someone to let my kids be heard in court and not denied a voice in their own lives and where they could be allowed to go and reside.

I must give the judge credit for putting into place, because of the bruising on Kimberly and the appearance of verbal and physical abuse by Charles Panet that he himself raised in court and he cited an apparently complaint from BC Ferries. It was nice that he brought up this alleged abuse and so an order was made that both our children reside only at the LaSalle Road Address while in the care of Denise Purdy and not reside or sleep at Charles Panet's residence. Something he broke a few times and the police and courts again showed favouritism by their not caring for these breaches done by Charles Panet even when I went and filed complaints.

The court ordered no residence order for my children to reside at Charles Panet made him very mad and furious and he showed his anger by slicing his hand across his neck and punching his fists together at the courthouse afterward with both Jennifer Whyte, Kelvin Purdy, Denise Purdy, Cathy Tait and the Nanaimo Court Hallway Cameras as a witness while walking in front of the vending machines after court on the first floor. This was a seriously messed up individual that had some anger and personal issues to deal with!

I feel that because Charles Panet not being allowed to have Stephanie or Kimberly reside at his house, he and my ex wife made up the fact of an alleged tire slashing incident at his place and he did try to get Denise to go along with that. This was to try to remove and reduce my custody and guardianship access with my own children. This happened in part but, Denise saw this and it was proven that during the police interviews, Denise was being prompted by Charles Panet to alter her story about this and to change the timing of events. Denise called my residence in Duncan 'a few minutes later', which was correct. It takes about an hour to drive there, Google it to see.

Somehow, the police thought it was all right to have both alleged witnesses questioned in the same room together so that their stories would match. Very unprofessional and unethical on their part and so the whole warrant they did issue was based on this one sided blasphemy.

Obviously, Charles Panet had some kind of agreement and very special relationship and favour with the Nanaimo RCMP to get them to go along with trying to remove me from his new girlfriend's life. Especially filing charges against me without first getting my side of the equation!

Hell, I even had phone records at that time printed daily that showed the calls received from my phone/fax machine I had at my home and clearly one can not drive the one hour distance within a few minutes! They (the RCMP) didn't care to come over, or interview me or see this. They just wanted to arrest me as a favour to their 'buddy' Charles Panet.

Later, in court it was proven Charles Panet had made a false accusations of this both by the Police checking the tires and taking the time to take one apart and finding no slash marks and also with Denise in her statement saying that she called me a few minutes later at the time of the alleged incident and she was surprised I was actually in Duncan. I was woken from sleeping with Jennifer in our bed when the phone call came from her a few minutes after she was told of the alleged incident by Charles Panet. Jennifer answered and passed the phone to me as Denise wanted to talk to our kids who were asleep at the time.

Maybe it was one of the numerous drug dealers that he harassed and broke into their residences and tossed out by taking the law into his own hands. I can only begin to guess.

If he did that to me, I would seriously want to get back at this person. This vigilante crime he admitted and bragged about under oath yet, no criminal charges were ever filed against this person because of favouritism and his 'special' relationship he had with the local police.

The police questioned me about this incident only by phone and it was noted that my vehicle engine was cold that morning as it had not been running and Jennifer and I waited at the apartment in Duncan for this matter to be cleared up.

Nobody came to interview us that day, it was again another wasted daytime with plans disrupted in that I could have been working but instead took time off thinking that the police would be over soon. I believed it to be just a prank from Denise and Charles to somehow help them get full guardianship and custody of my children.

To this date, Charles Panet has never been charged with obstruction of justice or slander over any of his alleged false incidents he reported and had bragged about his bullying in court. I would like one day for him held accountable for all of his false accusations and libel actions against my family and me.

Maybe Karma is there, and he will get arrested one day and do some real time for his spousal abuses and the courts and CSC will finally see who and what this person is.

If you wish to add your name to the complaint against the RCMP in this case, send them a letter requesting them to add your name to petition: PC 2006 1042

Commission for Public Complaints against the Royal Canadian Mounted Police: 7337 137 Street, Suite 102, Surrey, BC, V3W 1A4, Canada Fax 604.501.4095

Kelvin Purdy
November 23, 2006, Forced to transfer to C Unit, the Psychiatric hospital. My IPO, who threatened me by coming up to me and saying: "You have a choice, to go to Kent or C unit....where do you want to go today?"

Not much of a choice, so I replied, "C Unit," and fifteen minutes later, I had packed my entire cell affects, dumped them into a four wheel plastic bin, and moved across the quad to C Unit.

When I arrived at the Psychiatric hospital, they made me sign in... I signed my name and right beside my name, I wrote that it was not by my choice.

I was no longer the cart pusher for U unit but, I still was the Chapel clerk. I applied for and receive the job in CORCAN Textiles, Sewing. I remembered and put to use all the things my ex wife taught me about her profession and passion.

December 6, 2006, I made and presented six stained glass pictures to the Alpha group volunteers. Loon: Peter Kingsland, Huskie: Gord Isaak, Eagle: Phil Gailbraith, Cat: Agnes Gailbraith, Cardinal: Margrette Kingsland, another Eagle: Major Joe Bailey.

April 27, 2007, Wow, can this be true? Cst. Sorab Rupa who was the lead investigator in my case was finally reprimanded for 'tunnel vision' and not interested in investigating alternative named suspects with the 2003 Nanaimo conviction (June 2002 murder) and so this case was overturned because of a wrongful conviction and acquitted Scott Mercer.

This case R. v. Scott Mercer, also happened in Nanaimo by the very same RCMP members involved in my case and a real judge finally reprimanded them.

Therefore, I did the only logical thing and wrote a letter to the RCMP and Crown asking for disclosure in all the RCMP files; on misconduct with any officers involved in my case.

Maybe now my case will be re opened because of this tunnel vision by the same officers.

Who know, maybe even Rupa will someday answer to his cover up.

July 3, 2007, My lawyers refused to do discovery on the unknown DNA found at the crime scene. Therefore, I personally requested by filing discovery in the Nanaimo Supreme court for a DNA order C.C.C. 487.05 on Mr. Charles Panet & Cst. Holly Ann Turton.

But, Mr. Justice Bracken dismissed it. I do not know why the judge would protect someone who may have cross contaminated the crime scene and another person who may be the murderer. Favouritism I guess.

August 13, 2007, Appeal of the failed DNA order file CA035316 filed in the British Columbia Court of Appeals.

September 12, 2007, A revised appeal on DNA order CA0035316 filed and a computer request is included.

December 7, 2007, BC appeal DNA warrants CA0035316 denied by Madam Justice Huddart, it was unfairly dismissed.

I was shocked that even the appeal court would refuse discovery of the unknown DNA found at the crime scene. It feels that she is hiding something and even more frustrated that she refused to address the computer.

How many times are we not so fortunate, and jump to conclusions, on evidence that seems so certain, only to be wrong?

Disastrously wrong, judging absolutely.

October 21, 2007, Presented stained glass cross to Michael Ingham, a Catholic minister that came to visit us here at Pacific Institution.

November 29, 2007, M2/W2 Christmas dinner, made a stained glass pieces for every M2/W2 guest. The total was sixty little ornaments for their Christmas trees.

December 11, 2007, Victoria BC Court of Appeal on conviction, I was not allowed to attend even though I asked to as I believed it was my right to be present for any of my hearings.

Also, I asked for copy of appeal book before it was filed, never got this to review and make changes and challenge false facts... lawyers not responding to my letters and phone calls, frustrating.

December 12, 2007, Victoria BC Court of Appeal on conviction, I was not allowed to attend this second day of hearings even though I asked to.

January 2008, I became the inside coordinator for the M2/W2 organization here at Pacific Institution. Being the Chapel Clerk and setting up for the events anyways there is not much work involved except to do the four hot food orders for the group.

March 7, 2008, My appeal on conviction was dismissed, judgment: C.M. Huddart, K.C. Macckenzie and M.E. Saunders JJ.A.

My lawyers Susan Wishart and Mayland McKimm informed me that the appeal on sentence would be argued later this year (summer 2008) when the registrar sets a court date.

I asked my lawyers to send to me forthwith, all my legal files so I could properly prepare my SCC application within the time allowed being sixty days because at this time, funding by legal aid was denied to me, I had sixty days to file my appeal in the Supreme Court of Canada.

I remember the last time I filed and received a court registry stamped from Nanaimo dated March 13, 2008, file Number ED037144, to have contact with my children and have Carmen Guzman's name removed as a guardian because of her lies and attempted scam.

Still, to this date, I am prejudiced denied a court hearing on this.

I tried to charge Charles Panet and get him and officers involved in the investigation DNA tested and excluded but the courts refused to stamp this and instead they sent it back to me again with a yellow sticky note saying I should consult my lawyer.

Are the Registrars blind? I do not have a lawyer for this. That is why I wrote SELF COUNSEL on all the forms I submitted to court.

I remember that is all we both wanted, just to have a fair even guardian and custody schedule put in writing. Denise was adamant about having the schedule in writing, being week on and week off. How unjust was that?

None of the lawyers and judges had the decency to talk to our children and see what they wished. I did, sitting down with my girls, Denise and her mother Bartolina Marte and we worked out and signed a week on week off schedule and we each agreed for full custody of one child. I was to have full custody of Kimberly Purdy and Denise was to have full custody of Stephanie Purdy.

This was fairly arranged with the simple logic that we each would be able to claim full custody for one child for our yearend tax purposes (that we did the previous year) and the child tax benefit associated with each child. This was a very fair solution that we agreed to.

The alternative was to harbour resentment over one person getting the tax credits and the child monthly benefits and the other getting nothing.

The impartial courts ignored this fact of the schedule we agreed to change and implement. Instead, Charles Panet got involved and pushed for court dates to get all the custody and child benefits only with Denise, it appeared to me that he just wanted to have control over Denise Purdy's finances and preferred to create resentment over these monetary issues, which was unfairly prejudice and none of his business in the first place.

Kimberly and Stephanie told me numerous times that she liked the week on / week off schedule very much and wished that we could keep it. Stephanie explained to me that with this schedule, she knew where to go each week.

Starting at 5:00 p.m. Sunday, one week she turns right from school and goes the two and a half blocks to her dad's home and the other week she goes left and goes two and a half blocks to her mom's home. It was all very convenient for Stephanie without her having to remember whether it was Thursday and Friday that the schedule would change.

Stephanie liked the fact that this schedule did not interfere with her school and was working well for her and her sister and grandmother Bartolina and that she hoped the lawyers and judges would keep it. Kimberly was still too young and just liked the attention I was giving her, kids. All this was in the unfair past and now I have the same unfair judge.

A card arrived today from Peter Warren, attached is a copy of an email message:
Original Message:

Date: Thu, 13 Mar 2008 23:02:18 – 0400

To Mail@paterwarren.ca

Subject: Kelvin

Peter,

First, I should tell you that I don't know any of the people involved personally. I know only a little of Charles Panet through a previous job. Charles was carrying a knife to work within a few weeks before Kelvin's ex wife murder. Charles was told to take the knife and leave it at home. Charles came into an office declaring loudly in front of several witnesses that his girlfriend's ex husband was threatening her and there was a restraining order but it wasn't going to help. Panet claimed he was afraid for himself and his girlfriend and said the police weren't listening to his girlfriend's concerns. It was weird, as it almost seemed designed to get the attention of the whole office. It struck me odd at the time, but later when his name came up when his girlfriend was murdered it made me wonder.

When I read in the paper that Kelvin had an article of clothing with her blood on it, I dismissed my thoughts as being wrong and irrational. Until today, I hadn't thought about it again. Then I read the article in the paper explaining that Kelvin had lost his appeal and Charles Panet was never thoroughly investigated.

I just wonder if a person is a deckhand, where would they keep a knife when they are working since they are on the deck on their feet most of the day. If he carried it with him, was it in a sheath? How many people saw it? Did the police even know this information? If the murder weapon was a knife is it just a coincidence that Charles was carrying one around. The newspapers indicated that Kelvin was from Duncan. Would Kelvin have known the schedule and daily routine of his ex wife who lived in Nanaimo? On the other hand, would a boyfriend know it better or as well? If the sheath was left at the scene, that would seem like a sloppy attack and less planned.

If a person lived in Duncan and had to get up early in the morning to do this terrible act wouldn't that require a good plan? Travelling all the way from Duncan to Nanaimo in the early hours would seem to indicate there was some kind of plan in mind. If anger was involved, that is nearly an hour's drive to cool down and reconsider.

What is underlying this observation of Charles being creepy? This comment was made a couple of times long before any of this happened and made by women at work.

The reason I am writing now is that I read the article in the paper today about Kelvin's appeal failing and a mention of Mr. Panet and that he was not fully investigated. There are things that just don't seem to add up.

Just in case this is new information, perhaps it will help to find the truth. I am neither on one side or another, but when there are unanswered questions, maybe they should be answered just to be sure.

A
This is a great revelation. I am not the only person that thinks there is something fishy here with the Nanaimo RCMP and their investigators obviously protecting Charles Panet. I still think it is because he is an RCMP informant as he is involved with the bikers in Nanaimo, been told that he has had financial difficulties but, that is just my personal opinion and thoughts.

I also received a letter and articles from my aunt Cathy Tait today.

Here, I see and file in my collection another but rare neutral article on my case that Mr. Ron Wall wrote and a local Duncan newspaper published.
RE: Court rejects killer's appeal,

by Jenn Marshall, 18 March 2008

Reports assail us almost daily about activities of criminals who are back out on the street rather than confined in a way that protects society. Equally disturbing are stories of people behind bars for crimes that they may not have committed. The case of Kelvin Purdy, serving a 19 year sentence for murder of his ex wife is one of these baffling cases, where it is possible that he was an innocent victim of prejudice and incompetence. Opinions on this case may depend on which newspapers one reads and for people who don't believe much that they read in the papers, there are few sources of authentic information.

Published news reports indicate that much of Kelvin Purdy's conviction was based on DNA evidence. DNA, that marvellous new tool that has clinched many otherwise insoluble cases and also enabled great strides in the biological sciences, appears to be considered fool proof by many. I doubt that it is foolproof, especially when it flies in the face of other compelling evidence such as the likely absence of the accused from the scene of the crime. According to available information, Purdy was in Duncan at the time of this crime in north Nanaimo. Also, DNA analysis was based on blood found on Purdy and in his car and there was apparently no cross checking samples from other sources or other suspects.

Other evidence for Purdy's conviction came from a 9 year old child. It is very difficult to believe that such evidence could be admissible in a court of law.

Regardless of guilt, I don't believe Kelvin Purdy had a fair trial.

Ron Wall

Courtenay, BC

I never got my files in time. In fact, my lawyers refused to send me my case files. I remained pro active with my case. I wrote up my own appeal in the Supreme Court of Canada, based on memory and notes from my diaries. At fifty eight days (two days before the deadline, my Leave to Appeal was done, copied and ready for mailing to the court house in Ottawa.

April 4, 2008, I read an article by Peter Warren who compares K. Purdy case to Sophonow case. Paul Walton follows up after being turned down for an interview by Peter Warren and so writes another of his biased and nasty articles in the Nanaimo Daily News.

I decide to call my aunt Cathy Tait and see whether she can remember some stories and send them to me in affidavit form, I receive them a few weeks later:
Letter 1

Affidavit of Cathy Tait in support of Kelvin Kingsbury Purdy

Court File # 56040.

I, Cathy Tait, Nanaimo, British Columbia, make oath and say as follows:

August 9, 2003, on this afternoon I was driving north on the Island Highway in Nanaimo, nearing Rock City Center, I saw my nephew Kelvin Purdy standing outside by the Tim Horton's. I turned in to the parking lot to see him as I was on my way home from attending a wedding.

Kelvin had his daughter Kimberly with him as well as his girlfriend Jennifer Whyte; her son Nathan and a cousin of hers. As I walked over to Kelvin, I noticed he looked shaken up; scrapes on his arm and legs, and foot, also his shirt had a button missing. I asked him what happened to you.

Kelvin told me that Denise and Charles Panet came by his apartment – 6043 Brickyard, Nanaimo; took Kimberly with them to Charles Panet's place; while he was at work. Kelvin left work early and rode home on his bike – from White Spot – Woodgrove Mall lot; came home, picked up Jenn, Nathan and Jenn's cousin, they drove around looking for Denise, Charles Panet and the girls, at parks in Nanaimo.

Kelvin also went to the police station to report Kimberly being taken. Also, Kelvin called information for Charles Panet phone number as he had moved and did not know the address. At this point the number and address were given. Kelvin phoned the number and Charles answered and proceeded to tell Kelvin that Denise was not there, but Kelvin could hear the girl's voices in the background.

Kelvin then drove to Charles Panet's house. Upon knocking on the door, Charles answered, Kelvin asked for Denise, Charles threw a punch at Kelvin. Kelvin fell into the screen door. As Kelvin got up he punched Charles back. This is when Charles called 911.

Kimberly witnessed her father being hit. Denise was holding Kimberly, Denise handed Kimberly to Kelvin.

Kelvin asked Stephanie if she wanted to go with him, she wanted to stay with her mom; that was fine with Kelvin. This was the first time that Kelvin was ever in a confrontation with anyone in his life. Kelvin was very shaken by all of this. I waited with Kelvin when the police arrived, stayed about 10 minutes. Kimberly was very scared and crying. I waited about 10 minutes then I went home.

This is to certify that the above information is true and correct in what I recall of this day and the conversation I had with Kelvin Kingsbury Purdy.

Cathy Tait

Sworn: 14 April 2008.
Letter 2

Affidavit of Cathy Tait in support of Kelvin Kingsbury Purdy

Court File # 56040.

I, Cathy Tait, Nanaimo, British Columbia, make oath and say as follows:

August 14, 2003, on this afternoon, around 4:30 pm, Kelvin Purdy brought Stephanie and Kimberly over for a visit. I was outside in the backyard. The girls came around tot he back, Stephanie came running up tome, gave me a big hug and said, "I love you, Auntie Cathy," still hugging me she told me she saw a knife at Charles Panet's house. I didn't know what to make of this, I didn't want to alarm Stephanie in anyway. I said to Stephanie, I don't have a good feeling or trust of this man and to be cautious of him. I know Stephanie and Kimberly witnessed the altercation from Saturday August 9, 2003: Charles Panet hitting their father Kelvin Purdy.

I asked Stephanie and Kimberly if they would like to pick some strawberries, I was worried by what she had said to me about the knife. Later on inside my home, Stephanie said she was left alone in Charles vehicle, while her mother Denise was in the courthouse. I was shocked that she was left in a vehicle unattended by two adults.

Also I was helping Kimberly wash her hands in the washroom, she had said to me that she was afraid of "Charles" as she called him. Why are you afraid, I asked "I saw him hit my daddy." referring to Saturday August 9, 2003;

I really had my doubts about Charles Panet.

My great nieces were only 3 and 9 years old at this time, it was hard for them as they had to cope with their parents being separated. Kelvin always kept the girls active, playing at the parks, swimming, and doing fun things and visits with the family

This is to certify that the above information is true and correct in what I recall of this day and my conversations with Stephanie and Kimberly Purdy.

Cathy Tait

Sworn: 14 April 2008.
Letter 3

Affidavit of Cathy Tait in support of Kelvin Kingsbury Purdy

Court File # 56040.

I, Cathy Tait, Nanaimo, British Columbia, make oath and say as follows:

August 11, 2003, On this morning about 9:30 am: I was at the court house to be with Kelvin Purdy and Jennifer Whyte as support as Kimberly was in social services care due to an altercation between Charles Panet and Kelvin Purdy on Saturday August 9, 2003.

As I was going into the courthouse about 9:30 am, I saw Denise Purdy and Charles Panet get out of a vehicle, which was a ford bronco.

This is the first time I had ever seen him, as I had heard about him.

I walked into the courthouse to be with Kelvin and Jennifer. We were down the corridor to the right; along the left side. Charles Panet and Denise Purdy came down toward us, Charles stopped right in front of Kelvin, looked down at Kelvin and called Kelvin's name over and over. Then Charles walked past us with Denise following behind him. I watched them as they walked past us to the end of the corridor. At this point while looking back at Kelvin; Charles Panet made a fist with his right hand, and punched his left hand, then he made a gesture with his right hand (index finger); across his neck, as he was still looking back at Kelvin. I looked back at Kelvin beside me, let's go sit down, and to ignore him as your children are more important.

Before we sat down, Charles Panet walked past us again, stood in front of Kelvin, and repeated Kelvin's name over and over. Charles Panet was up to something, but I couldn't figure out what?

This is to certify that the above information is true and correct in what I recall of this day.

Cathy Tait

Sworn: 14 April 2008.
May 5, 2008, My Mom and Dad (Dean & Helen Purdy) retained counsel Bibhas Vaze to forward my completed as far as I could (without access to my legal files) Supreme Court of Canada Application to Ottawa forthwith by overnight delivery so I could make the court deadline.

I supplied Mr. Bibhas Vaze a copy that he reviewed, and he offered to retain as counsel and use the retainer paid by my family as legal aid refused further funding my appeals and re opening motions. He offered to fine tune my application for the Supreme Court of Canada with family paying him.

He informed me that he talked to Crown Counsel Mr. Kenneth Madsen who agreed to an extension of time to the SCC so that he could properly prepare a new Appeal in the SCC application for me, he also told me that no time limit was set by Crown. I then called and learned that Legal aid had again denied me funding an appeal to the SCC.

He came in that day, and after instructing him carefully and giving Mr. Bibhas Vaze my legal packages and Leave to Appeal material to file in the Supreme Court of Canada, and a complimentary copy for himself, he left. I thought he was going to follow my instructions and forthwith and overnight mail/delivery all my packages to court and to the Crown by courier. This would have arrived with one day to spare.

This was why he was here in the first place because I did not have time (requires about two weeks) to arrange gate passes for my legal documents and arrange funds transferred from my account for couriers. However, he lied and did not do what he was instructed by me to do.

Instead, a few days later, he came back and informed me that he did not mail my correspondence but with the retainer would go over my appeal application and re do it so it would have a better chance of success in the Supreme Court of Canada (SCC).

I instructed him again to file my Leave to Appeal anyways, as it was labelled myself as self counsel and I wanted it recorded as being filed on time. Being retained as counsel by my family, he would then be given a time extension and chance to file an amended Leave to Appeal in the Supreme Court of Canada according to the SCC rules.

He agreed that this was true but ignored my instructions yet again. He did inform me that he spoke to Crown and that Crown had agreed for an extension of time for him to make arguments in a new Leave to Appeal for the SCC.

A week later, Mr. Bibhas Vaze came in and told me he received my case filed from Susan Wishart and Mayland McKimm. I was angry and furious. I never instructed them to send my case files to this lawyer. I wanted my files sent to me directly as they told me they would. I was feeling that something was being hidden from me but I was not sure what it was.

It has been five long years and I was still struggling to get access to my own case files. I realize that this lawyer probably needed them anyways so I was not going to raise a fit over this breach in protocol by my counsels.

Time went on, and I mulled over what I could do that the police refused to do. They did, but the firm would not get samples from police because they were ex police themselves. They did agree to get the sample for Charles Panet.

Therefore, I waited.

And waited.

May 21, 2008, I asked my Grandparents Aina and Mike Baron to find and see whether family can hire a private investigator. They did, and after thirty five days of trailing by a Private Investigator Kurt T. Opsahl, he collected a DNA sample labelled 'Spittle' from Charles Panet which was forwarded and that arrived at Genetrack Biolabs in Vancouver on May 22, 2008.

This sample was tested.

And, I waited for the results.

Going over my own diary notes, I created an application for the Supreme Court of Canada. I created all the books required for filing being for court five copies plus the original, one for myself, one for a future lawyer and one for my aunt Cathy Tait who I try to send copies of everything I file as back up. This is in just in case I am transferred and CSC mysteriously 'loses' my stuff.

Mail arrived: Legal Aid again denied funding my appeal to the SCC.

I called and talked to Susan Wishart who informed me that the arguments for reduction in sentence would be a few months later than planned.

June 3, 2008, Genetrack Biolabs tested the "Spittle" results received and by the RCMP match criteria shows a match to the unknown DNA being from the crime scene and in the vehicle. I was ecstatic, but I needed it analyzed by an expert. Mr. Bibhas Vaze agreed to send it to the top expert at British Columbia Institute of Technology Dr. Dean Hildebrand for scientific analysis.

I did not know who this person was. I asked my Aunt Cathy and Uncle Duncan Tait and Dean and Helen Purdy do a little research on him. I always asked both to do the same research as sometimes I don't get all my mail and chances are better that one and when I am lucky, both letters will get to me and not be returned to sender.

The information I received surprised me. Dr. Dean Hildebrand was the lead professor and instructor of many DNA programs at BCIT and after going over my notes on the experts that took the stand, I discovered that the Crown experts that refused to eliminate me were students at BCIT and therefore, Dr. Dean Hildebrand was most likely their professor.

It was a coincidence that I happen to flip the channel on my TV, there he was Dr. Hildebrand, talking about DNA comparison and helping the Crown convict another person.

August 4, 2008, I called the court to inquire when my hearing was to be heard and learned that, a 13.3 motion to dismiss my appeal on sentence because of counsel's lack of due diligence and negligence was deficient by deliberately not filing materials on my appeal on sentence.

I was stewing in my own self pity. I was frustrated at denied access to my own files by ineffective assistance of counsel in not mailing to me appeal materials or filing materials on a reduction of sentence. I believe is a Charter infringement for the continued delayed disclosure and non action. I requested Legal Aid but they denied funding to re open my decided case, a computer and the right to have my choice of adequate counsel.

Again, an infringement of my s.7 and 11(d) of the Charter which require funded counsel to be provided whether the accused wishes counsel, but cannot pay a lawyer. As representation of the accused by counsel is essential to a fair trial including re opening of this case, motions for bail and inmate owned computer and further appeals. All these things rolled around in my head.

Susan Wishart informed me that the arguments for reduction in sentence would be a few months later.

August 4, 2008, I called the courts to inquire into my next court date and was informed by the Registrar that a 13.3 motion had been filed by the Registrar because my counsels Susan Wishart and Mayland McKimm negligently failed to file an appeal on reduction in my sentence (the second part).

This meant that the court was going to throw out my appeal based on abandonment. This made me upset and very angry over the conduct of my counsel's lack of good faith and conduct and so it seems that they just railroaded me.

Were they allowed to do this?

I went to the library, read up on appeal motions, and created my own counter motion to try to re open my already decided case and not get it thrown out because of the unfair 13.3 motion that the Registrar filed against Susan Wishart who promised me that I would have an appeal on my length of sentence.

Talking to family, they told me that Susan Wishart told them "He's never getting out." Therefore, I believed this to be true, especially now on how my case was handled so far by her.

If I had known this was her opinion, I would have had another counsel for my appeals.

August 20, 2008, Without counsel, I mailed a motion to Re open my already decided case, based on new DNA evidence that a Private Investigator collected.

All that I believed linked Mr. Charles Panet to the murder of my ex wife Denise Purdy on December 12, 2003.

Now, the spittle DNA appeared to be a match to the unknown DNA, the RCMP found it there. I still needed an expert to review it for a proper analysis, but I thought this was a start in the right direction. Legal Aid would surely help me now.

I knew the evidence collected at the crime scene could only come from the true suspect and murderer, once the victim had scientifically been eliminated from the samples. Now all that was left was an unknown male DNA profile. I now had the murderers DNA. All I needed was to match the DNA to one on the suspect list in the back of this book.

Therefore, I collected and included numerous affidavits from new witnesses coming forward that contradicted inferred falsehoods that were challenged by the defence included in my appeal and I hoped the court allowed me to address.

I again sent a letter for court funded counsel to legal aid and asked for representation and a computer system. A few weeks later, I received a letter back saying that my funding was denied.

Nope, I was wrong, Legal Aid refused to help me with counsel to help me with this court motion to re open my case.

Frustrating, to say the least.

January 12, 2009 First hearing for 13.3 motion to dismiss this appeal on sentence all because my ineffective trial counsels did not file for over a year any documents for a reduction in sentence.

During the 13.3 hearing, my present defence counsel Susan Wishart remained silent, she was clearly not acting as defence quote 'counsel' as guaranteed by law, I had to speak out on my own behalf and was able to get court postponed until March 9, 2009, as new counsel Bibhas Vaze had retained counsel Michael Fox to act in this matter in the BC Court of Appeals.

I asked counsels to get me an in cell inmate owned computer with DVD ROM, burner, scanner and printer and give me court ordered full access to all me legal files held by CSC Admission and Discharge (A&D) but typically, both counsels failed to file any materials in the courts on these motions.

March 8, 2009, I was put on Glendamysen for 10 days.... Infection on knee was the size of a cantaloupe. A spider must have bitten me in the late evening as my knee swelled up and yellow, black and white puss was coming out the wound.

March 9, 2009, Appeal court was postponed without notice and when I called, weather was cited by the Registrar as the cause why there was no court that day as the judge could not get into court and so new date would be set later.

Reasonable but why did I have to call the courthouse, and for that matter, why did the courts not fax me and inform of this change in date and time as they were supposed to do. I needed to inform the parties and my supporters that wished to attend court and had told me that they had shown up that day at the courthouse.

March 11, 2009, Kryssta Mills, producer for Mills Films Inc. sent me an option agreement for the rights in Owner's life story. I did not sign it, yet. Time will tell whether this bears any fruit.

I have learned that she is a very good producer and that Director Norman Jewison has taught her a few things. Kryssta Mills has documentaries and films under her belt like Year of the Carnivore, Sheltered Life, and the Tracey Fragments.

June 1, 2009, After repeatedly calling the court registrar, the lawyers and Crown, all who gave me the run around on why no new court date had yet been set for a hearing.

I sent the court a letter of complaint and requesting the Registrar do their job and assign court date and time and that I wanted it to be an in person appearance for this appeal and all others.

June 4, 2009, I had asked counsel to send all known DNA profiles to a DNA expert, Mr. Fox sent only the profiles of 'Spittle' a.k.a. Charles Panet and evidence from the crime scene to a Dr. Dean Hildebrand who excluded the one single profile he was given, Mr. Charles Panet.

I cannot believe this, it is the first time that this suspect has ever been scientifically excluded as the murderer in this crime, even though I have requested since December 12, 2003, that this be done, but his friends and family still have not yet been scientifically ruled out.

I still believe that Panet had something to do with the death of Denise. I had been so sure that his profile would be a match that I was at a loss now for what I should do next. I had to continue with this motion.

Still, I preserve red on and field for court dates to hear motions on re opening my case.

November 17, 2009, I repeatedly asked my counsels to send my profile for exclusion to the same DNA expert for true scientific elimination as I had never been eliminated and excluded. It was registered by Crown experts that I was a partial match.

For that matter and reasoning, everyone in the world is a partial match. Counsel Bibhas Vaze and Mr. Fox refused.

Therefore, taking matters into my own hands, I sent my own DNA profile tested by the RCMP E division labs and supplied by the by the Crown along with the victims profile data (Denise Purdy) to Dr. Dean Hildebrand.

December 27, 2009, Dr. Dean Hildebrand sent me a letter as he looked at the profiles I supplied him and for the first time I received a letter from a doctor that scientifically excluded myself, Kelvin Purdy profile from the crime. I was in shock. Here was the proof of innocence that I needed to get out of prison.

I wrote and asked for another review and again Dr. Dean Hildebrand excluded my profile after a second analysis on January 28, 2010.

Now the only question that comes up, who is lying?

The Crown experts all refused to exclude me from the crime scene and the vehicle and yet Dr. Dean Hildebrand an expert that the Crown uses to convict people all the time. The same expert who taught several of the Crown experts that took the stand against me is telling everyone that I should have been excluded at trial and his own students were wrong when they failed to exclude me.

The jury had a right to know this!

Who has more credibility?

The professor teaching his students or his students?

Had this DNA expert been put on the stand in my defence, the court, jury and everyone else present had the right to know that I was scientifically excluded.

I clearly remember the Crown's closing address to the Jury "and they didn't exclude Mr. Purdy. I wonder what you might hear in terms of the use of exclusionary DNA evidence if that particular evidence did exclude Mr. Purdy, but it doesn't."

December 27, 2009, Dr. Dean Hildebrand sent me a letter and his analysis scientifically excludes me.

This is the first time that I, Kelvin Kingsbury Purdy who was convicted in the 2003 murder was now for the first time am scientifically excluded!

With the letter shaking in my hand, I read and discover that all the Nanaimo crime scene evidence Dr. Hildebrand excludes my profile. Furthermore, he tells of a three person mixture in the vehicle evidence and I wonder, as I am excluded now, who are the other two peoples profile?

It was a three person mixture, two female and one male. Not being the male profile and now with proof of that, which doe the unknown male profile belong?

For that matter, who does the second female profile belong?

I strongly believe it belongs to Cst. Holly Ann Turton as she has admitted to being at the Nanaimo crime scene, not wearing the required protection of a white bunny suit, booties and gloves and traveling directly to Duncan from Nanaimo. I could not believe that under oath her admitting to not changing her uniform.

Furthermore, while wearing the same contaminated clothing and boots when she was walking on a bloody sidewalk, getting into the passenger side of my vehicle and leaving her DNA and that of the victim behind as a smear, which is still ignored by the courts.

How much more proof of cross contamination do the courts need?

Looking more closely at Dr. Hildebrand's results, I realize that the knife sheath and purse have very different male profiles on them and I have finally been excluded from both.

There had to have been two people there assaulting my ex wife.

This is the golden ticket that I have been praying to receive.

January 28, 2010, Dr. Dean Hildebrand sent me a new, layperson analysis. Yet again, he scientifically excludes me, Kelvin Purdy as a suspect to the 2003 murder and furthermore, he excludes me from all the Nanaimo crime scene evidence. My DNA is also excluded from inside the vehicle and he identifies a second unknown female DNA profile. Could this be Cst. Turton's?

It is strange that the unknown male profile on the purse matches the vehicle stain along with another unknown female DNA profile. The female DNA is the obvious one that scientifically proves cross contamination.

I forward all this to Legal Aid to try to get funding in an Appeal to re open my already decided case.
January 28, 2010

Re: Follow up Comparisons

Dear Mr. Purdy:

I have now completed the supplemental comparisons requested in your letter dated January 13, 2010. The additional data consisted of a profile from the RCMP Forensic Laboratory.

Sample (23 AB) Purse:

1. This sample (23 AB) appears to be a mixture from two individuals with a major and minor contributor. D. Purdy (8 AA) matches the major contributor to this sample.

2. Under the assumption that sample 23 AB is a 2 person mixture, both the donor of the "spittle" and K. Purdy (10 AA) are excluded as the minor contributor to this sample.

3. With respect to your contamination concern, generally speaking, contamination is always a concern in every DNA case and could result if someone handles the evidence incorrectly (i.e. touches it with bare hands).

4. Sample X1 (knife sheath) appears to be a 2 person mixture with D. Purdy included in this mixture. Under the assumption that this is a 2 person mixture, that D. Purdy is a contributor and allelic dropout has occurred at some loci, both the donor of the "spittle" and K. Purdy (10 AA) are excluded as a contributor to this sample.

5. Sample X2 (vehicle swab) this is a single source sample that matches that of D. Purdy (8 AA).

6. Sample X3 (vehicle swab) appears to be a 2 person mixture with D. Purdy matching the major contributor. Under the assumption that this is a 2 person mixture, that D. Purdy is a contributor and allelic dropout has occurred at some loci, both the donor of the "spittle" and K. Purdy (10 AA) are excluded as a contributor to this sample.

Dean Hildebrand, PhD

Wow, this is so amazing. I am still shaking with excitement that this Dr. Hildebrand, one of the top DNA experts in Canada has excluded me from the purse, knife sheath and vehicle samples collected by the RMCP.

I finally have proof of my innocence!

Proof that there was someone else's DNA at the crime scene and in the vehicle, even cross contamination by officers. Something the courts would want to look at as this was fresh and the jury had a right to know I was excluded as the male.

I would have been very surprised whether Denise's profile was not found in the Explorer vehicle. I drove her numerous times to and from her work, (staff remember me dropping her off during the summer of 2003). Going out with her for coffee, and helping when she called to ask to pick up the laundry at Busy Bee Laundry, a few blocks away.

She was one of my best friends, the mother of two of my three children, one I would gladly help with laundry, groceries, and giving her rides to Victoria for her varicose vein treatments. Hey, the way I looked at it, it helped my children to help and assist her.

Charles Panet was always too busy at work to help her and drive her to and from her treatments in the summer of 2003. He probably did not even know how to get there and why she was getting the injections from hypodermic syringes in her legs for each month.

I just wish my lawyers would have taken my advice and instructions and put that doctor and secretary on the stand, and even shown the treatment records and medical receipts that I continued to pay for even after we separated!

This scientific exclusion letter is what I have been waiting for since December 12, 2003.

Somebody that is an expert, to say that my DNA does not match and never did match the samples the RCMP collected.

With this, the courts can see that I am the wrong person being detained, wrongfully detained. Because, from reading in the library, case files and law books, in Canada when a suspect has been scientifically excluded, the Crown's case is over.

Furthermore, as I do not match the unknown male DNA profiles then the only logical conclusion that remains is that it had to belong to the suspect. Especially because the RCMP, Crown and the Courts are all one hundred percent positive that there was absolutely no cross contamination in this case.

What I asked, Crown again refuses to test all named suspects and supply to the defence all profiles of RCMP officers and all the witnesses and attendants at the crime scene and hospital on December 12, 2003, for a match, including the proven lying boyfriend of the deceased.

Talk about everyone getting a group hall pass.

Going to the library, I unearth some amazing facts about DNA.

The DNA data bank will (6) assist the innocent by early exclusion from investigative suspicion (or in exonerating those who have been wrongfully convicted).

So, why not see if the unknown profiles are in the DNA data bank? Why not supply the defence with all the profiles of the people who attended the murder scene to rule out cross contamination?

The only reason I can see is that the Crown and RCMP may have found a match for cross contamination by one of their own officers and want to suppress it. This cover up is happening in this case.

The RCMP and Crown have for almost ten years have had the chance to prove me wrong by disclosing all the profiles named in this case. I have asked in chambers for them but been refused.

I have also even made it easy by listing all suspects in the back of this book. Now, I leave it and pray for a philanthropist to get me the DNA profiles and send me copies of the results for DNA elimination.

February 12, 2010, Courts then received as Exhibit #2. DNA exculpatory evidence excluding Kelvin Purdy for the first time as a contributor to the December 12, 2003, murder of Denise Purdy.

From what I read, the Canadian law is quite clear: When a suspect has been scientifically excluded, the Crown's case is over.

However, I learned that is no longer the case in Canada it seems.

I have been scientifically excluded and yet I am still incarcerated.

March 3, 2010, I was bitten by a spider again, I believe it is a serious infection maybe MRSA. Left knee... very infected and swollen... painful. Luckily, my mom came for a Private Family Visit and so I got a camera to photograph it for my records. My knee has swollen up the size of a cantaloupe and all I can do is squeeze and push the puss out of the wound.

The same thing happened to me in the past.

Still to date, with the same allergies to bites to spiders and bees, I am not allowed to carry an EpiPen but other inmates here can.

I received a letter from my mom, she sent me photos of what a Recluse spider looks like, and it looks just like what I caught and let out the window the other day. I wonder whether it's the same spider coming back for a visit and one of it's relatives?

March 5, 2010, Both lawyers Mr. Vaze and Mr. Fox decided to quit today without notice. Both citing non compatibility just days before my court appearance, they had all my files and were given permission to get me a computer system, acquire new evidence by hiring private investigator and further DNA testing and analysis as needed. I could not do that while detained.

Therefore, they sat on their asses for the past year and did not file anything and put anything together on my behalf. It was so very frustrating not to be able to do anything!

Apparently, as to why they were quitting on me Bibhas Vaze responded and said, "Both your counsels are now judges and that makes it a conflict whether we go to court and they are sitting on our case."

This infuriated me and when I asked for the money back to give to another lawyer to represent me, he said he had none and would send me the bill for how they wasted the funds.

Why?

Bibas Vaze did not do the basic thing I wanted, to mail out my court papers to the Supreme Court of Canada, fix, and redo my Leave to appeal, attend court on my behalf and get me a computer system for my court appeals.

He basically just stole money my family scraped together as a retainer to him for my Supreme Court of Canada and BC Appeal Court motion to Re Open my decided case. What a bad apple, I now tell everyone in jail not to use this Conroy Law Firm here in Abbotsford, British Columbia, especially these two associated lawyers.

March 8, 2010, I learned that video court set date and time of June 8, 2010. Jurisdiction arguments and that I have an in person appearance in chambers for this appeal.

The appeal courts especially on transcripts March 8, 2010, led Mr. Purdy to believe that they knew and that he requires a computer system to help him in his appeal process by the statement by Madam Justice Huddart starting on page 13 line 46 "You'll need certainly the summer probably and at that point you may well need the computer."

What is this from her mouth? She knows I need a computer now, I have repeatedly asked for one over and over and over again and so it appears she did not have the power to give me one.

Furthermore, Madam Justice Huddart later states starting on March 8, 2010, transcripts page 15 line 33: "if it's dismissed, that's when you should be asking for your computer and you will probably get it."

Therefore, she just sidesteps the computer issue until the next court date. That I felt was crummy of her.

If my motion is dismissed, how do I make full answer and defence for the motion without a computer?

I needed a computer now, she basically just laughed at me on paper while Crown smirked on and I overheard the Crown prosecutor Charlesling: "Purdy will never get a computer."

Frustration 101 again.

I kept my anger and frustration in check even thought my blood boiled at the unfairness of this whole process. Family and friends that attended the hearing told me this did not seem right and was clearly an appearance of unfairness.

But what could I do?

April 15, 2010, Notice of application filed for discovery DNA testing of Jennifer Whyte sample number 182 that is held by RCMP and Crown. Funny that the RCMP would take a DNA sample from Jennifer and yet never test it.

I remember that I asked my trial counsels to test her; they said that they would look into it. They refused to even ask her for a sample and test the one that the RCMP took.

Why was I being railroaded so much?

Was it to get their promotion to become newly appointed judges?

So now I am a Political Prisoner because judges are appointed. Judges can not be seen has having done no wrong in their past.

If they can be so easily placed as justices, can they be removed too?

April 19, 2010, video court re confirmed date of June 8, 2010, at 10:00 a.m. with in person appearance in Victoria.

May 10, 2010, Called and was told by family that they received an email from my past counsels that all legal files arrived at C.S.C.

May 14, 2010, court again received DNA exculpatory evidence excluding myself, Kelvin Purdy as a contributor, after Crown complained in court April 19, 2010, that they wanted all letters of, exclusion that Dr. Dean Hildebrand sent to the defence.

June 8, 2010, Court date and time (10:00 a.m.) prejudicially changed by Crown without giving myself the defence proper notice. Family came to court but no court at the courthouse, re set for next day.

June 9, 2010, Video court 13:30, I stated a violation of rule 45.2 and charter violation section 7, because of no notice to a change of date and time and appearance, a new court date and time to be set with in person appearance in Vancouver were given by the registrar and Crown.

Notice was also given that there is a continued Disclosure of legal files by CSC (May 10, 2010, arrived but withheld by A&D) which is an appearance of unfairness in being unable to properly prepare my defence without computer with DVD ROM and not being able to review trial materials for court including the 120 DVD's and interview tapes.

Still no computer. Well, it is after the summer, I have asked for a computer, and still I have not gotten one to date.

June 16, 2010, I was finally given only 1½ hours access to my eight large boxes of legal materials being withheld since May 10, 2010, by CSC. I never got to go through and read all of them. CSC Admission and Discharge (A&D) only allowed me to take one box only and prior to me taking it, they went through it and listed down every file name that was in the one box of materials. They looked over all my legal correspondence and privileged materials, then they permitted me to take it after removing some photos.

What a gong show this turned out to be.

There were three A&D officers and two from sentence management that all said it was a fire hazard for me to have anything else. I countered that I would be willing to buy a metal footlocker for storage in my cell for my legal papers but, they all refused to allow me this. Funny that other inmates are allowed metal footlockers.

I was not allowed to go through the other seven boxes of materials. I felt this was not right. Sentence management said I was not allowed all these boxes in my cell.

Reading some DNA emails and papers, I came to realize that I was prejudiced by the deficient performance of counsel by learning that my own counsel made several errors so serious that counsel was not functioning as the "counsel" guaranteed for the defendant.

I learned that Dr. Donald E. Riley, from DNA Consulting, LLC was retained by Susan Wishart and picked up from the airport by her during my trial and that Legal Aid paid for his time to testify and travel from Bothell Washington by his private plane. All so that he could take the stand and exclude myself, Kelvin Purdy as the suspect in this murder gleamed from copies of his correspondence to trial counsel emails and letter from him dated August 25, 2005.

In summary:

I was denied the opportunity to personally take the stand and cross examine key witnesses in my own defence by trial counsels threatening to leave me whether I did, not knowing the law at the time; I agreed not to take the stand out of fear of abandonment.

I was denied defence witnesses to take the stand; many have submitted sworn affidavits as fresh evidence after trial that contradict perjury statements given by Crown witnesses.

The same Crown witnesses that have under oath admitted to lying in this case but yet these lies were continuously relied upon in great detail in the courts rulings, it appears favouritism and leniency for false testimony were given to these witnesses by dropping the requested by defence perjury charges and other new charges that came to light later.

All were ignored for favourable leading false statements by Crown witnesses and secret deals of Crown not disclosed fully to the defence when asked. Like secret 'gift' computers to a child witnesses by both lawyers and RCMP involved in this case and refusal to charge with perjury and obstruction of justice and other charges that should have been.

I don' know what is more prejudicial and corrupt than when Crown deliberately puts on the stand witnesses that are documented liars and who have admitted to perjury and obstruction of justice and the Appeal Courts regurgitates these false stories and admitted perjury over and over again as facts.

Re: Jennifer Whyte, informed of drug and theft charges dropped and Computer was given only to the child witness Stephanie Purdy not once but twice during this trial for her coerced testimony. No gift touch computers were given to my other two children Kimberly Purdy and Amanda Schmitz.

Why was Stephanie singled out to receive a computer from Stephen McPhee (Denise Purdy's lawyer) and then again from Cst. Sorab Rupa (RCMP lead investigator)?

The only reason that makes sense is that they wanted to coerce a nine year old child. All by letting her tell a false altered story when she stayed overnight at Charles Panet's residence when I was living on Brickyard and then after being fed vehicle pictures and told to re draw them. Then she was lead again by falsehoods and accusations by those in authority over two years before trial, all so that she became to believe the falsehoods to be true.

Why not tell Stephanie that there was unknown male DNA found on her mom's purse and knife that did not belong to her dad and therefore had to come from another suspect?

It is the truth.

June 2010....I clearly remember stumbling upon these emails in my cell after being given only one random box of my legal files. After reading these correspondences, it surprised me that evening, all while sitting on my cold metal bed draped with two blue holey covers that represented the two issued blankets during winter.

Sitting stunned in my cell, the cream walled, seventy square foot room, on my hard thin mattress bed, covered with two thin sheets and two blankets. I hold a sheaf of papers in my dry and vitamin deficient hands; they are starting to fade with the passing years. Two are DNA exculpatory letters from an unknown to me, Dr. Donald Riley.

I read them over repeatedly.

It is clear scientific exclusion proof that it was not me but someone else.

What else am I missing?

I have an overpowering curiosity and thirst to know the truth of things.

Why did my lawyers not tell the courts about this?

This I have read for literally the thousandth time...
MSN Hotmail Messages:

Original Message

From: dr51@comcast.net[mailto:dr51@comcast.net]

Sent: Thursday, August 18, 2005 5:18 PM

To: Sue Wishart

Subject: RE: DNA expert R. v. Purdy

Sue,

I was just going to email you about the package. I will call if it isn't here by noon. Until I see the material, I am unsure if I can have it reviewed sufficiently for a meeting on the 24th. I also scheduled lab meetings for the 23rd and 24th since we were tentative. I think you also had some times late August and early in September that might be more realistic. I have time every day the week of August 29th except the 30th which is taken.

If the weather is good, I could fly my small airplane to Victoria. That would minimize travel time and I'm sure I would enjoy seeing Victoria. Unfortunately, I never know if the airport in Snohomish, where the plane is, will be fogged in. It happens because the airport is near sea level. I will know, the morning of the day in question, if there is fog because the airport has a webcam. If you want more certainty in planning, you are welcome to plan a trip to come here.

Don

Original Message

Dr. Riley:

The courtier company called this morning and said that you won't get the package of materials on this file until tomorrow (Fri.). If you don't receive them by noon please call my secretary at 1 888 673 9250.

I am still waiting to hear from legal regarding funding but hope to have answer by tomorrow. Would you like to tentatively schedule our mtg for the 25th?

Shall I come to you or would like to come to Victoria?

Sue
MSN Hotmail Messages:

Original Message

From: dr51@comcast.net[mailto:dr51@comcast.net]

Sent: Thursday, August 25, 2005 8:32 AM

To: Sue Wishart

Subject: RE: DNA expert R. v. Purdy

Sue,

That sounds fine. I think Karen Bastow went through similar battles. I will have a backup plan to drive and take a ferry early if the fog is in. I will get back to you on where I may be at the airport.

Don

Original message

Don:

The 1st sounds good. I assume you are coming here?

I will follow up on the disclosure requests and hopefully have the Genetrack material by the 1st.

My battle with Legal Aid continues. So far they have approved 25 hours of preparation time for you. This is typical. Once you have exhausted the 25 hours I will need to write to Legal Aid again and request further hours based on you estimate at that time of how much is left to be done. Legal Aid will pay for your time to testify and your travel.

See you on the 1st. I can pick you up from the airport if you provide flight information.

Sue
MSN Hotmail Messages:

Original Message

From: dr51@comcast.net[mailto:dr51@comcast.net]

Sent: Wednesday, August 24, 2005 7:41 AM

To: Sue Wishart

Subject: RE: DNA expert R. v. Purdy

Joalah and Sue,

The afternoon of the 1st looks good. I should be able to have the documents reviewed sufficiently for our discussion by then. There are a few additional items I would like to review eventually, although not necessarily before we meet: To be thorough, I should review the laboratory case file from GeneTrack. I seem to basically have only their report. The file would include bench notes, electropherograms (also called tacings) and their protocol if available.

My copy of the RCMP laboratory report of July 13, 2005 is poor. The left side is not clear. I would appreciate a better copy if possible.

I believe the RCMP laboratory will provide film images of their quantitation results since they produced them in the Bonistel case. Eventually, I should review those although I do have some information on quantity from the notes, themselves. I appreciate the organization you have accomplished so far. I look forward to meeting with you around 1PM on the 1st.

Don
Original message

Don,

Sue is available to meet with you on August 31st or the afternoon of the 1st. She is flexible if you would like to fly into Victoria. She also has two week ends available August 27th and 28th as well as September 3rd and 4th if that is more convenient for you.

Joalah Thom, Assistant to Susan Wishart
MSN Hotmail Messages:

Original Message

From: dr51@comcast.net[mailto:dr51@comcast.net]

Sent: Wednesday, August 31, 2005 6:06 PM

To: Sue Wishart

Subject: RE: DNA expert R. v. Purdy

It looks like I will take my car on the ferry, Anacortes to Sidney. I will plan to be at your office around 1pm tomorrow the 1st, if that is OK. My cell phone number is 206.714.4864.

Don

Original message

Don:

Sounds good. My cell phone number is 250.889.5171. Just give me a call to let me know when and where to pick you up.

Sue

MSN Hotmail Messages:

Issue 6:

Where 'gifts' are shown given to Crown witnesses and favouritism by the Crown not acting fairly and impartial by Crown admitting to coercing child witnesses openly in court, should Crown counsel be punished including disbarment?

  1. Crown denies giving 'gifts' to Crown witnesses. Yet, Item #275 was a Touch CPU computer 'gift' given to Crown witness Stephanie Purdy for her proven altered and coerced testimony. (tab 11).

  2. Crown continues to refuse to disclose all particulars to this transaction to Mr. Kelvin Purdy, the defence and self applicant, including the cost of the computer, who bought and paid for the computer system, who gave the computer to child witness Stephanie (9) and any and all memos relating to this 'gift' and any other compensations given to other witnesses for their testimonies including travel expenses and monies paid.

  3. This computer system was given to Stephanie Purdy was a 'gift' because Mr. Purdy's other two children at the time in 2003: Kimberly Purdy (3) and Amanda Schmitz (12) both did not get a similar 'gift', WHY ?

  4. This 'gift' action was clearly prejudicially unfair and a case of Crown and RCMP clearly bribing a lonely and separated child from both her parents, a child witness whose poverty forced her to alter and change her statements under coercion only to better herself with this 'gift' and violated her Charter s.11(c) right. Stephanie Purdy was at an age that lies were becoming not uncommon with her for favouritism and so, what child would not change their story to get a new computer system? Stephanie did say: "The police arrested him, he must have done it." And quote from Crown Mr. Frank Dubenski "Stephanie will do and say whatever I tell her to." This is because he gave her a computer system and she did not want her new 'gift' it taken away from her so she altered her statements to please the Crown.

Issue 7:

Question on constitutional validity, applicability and effect of the Criminal Code 523. Should the Provincial Court of Appeals be granted jurisdiction to re hear a motion for bail?

  5. The legal basis for the constitutional question is found under Section 11.2 of the Bill of Rights: "...No law of Canada shall be construed or applied so as to,... (f) deprivate a person charged with a criminal offence of the right to be presumed innocent..."

  6. This is reinforced by The Canadian Charter of Rights and Freedoms:

9. Everyone has the right not to be arbitrarily detained or imprisoned.

11. Any person charged with an offence has the right

e) not to be denied reasonable bail without just cause;

Because the Appeal court of British Columbia in the case of R. v. Purdy [2005] B.C.J. No. 332 refused to review the detention order because it claimed it had no jurisdiction, the Charter rights of Mr. Purdy were breached and this court should rectify this Charter breach oversight of the Criminal Code s.523 to give jurisdiction for any provincial or territorial court the jurisdiction to revi

Original Message

From: dr51@comcast.net[mailto:dr51@comcast.net]

Sent: Tuesday, September 06, 2005 8:48 AM

To: Sue Wishart

Subject: RE: DNA expert R. v. Purdy

Sue,

I enjoyed meeting and working with you last Thursday. I think the sheath sample is interesting and probably important. I am also writing because, with all the new materials, I am at about 20 hours. If you can get authorization for another 25, here is how the time will be (could be) spent:

Complete review the new reports, laboratory notes, forms and data (The laboratory has a particularly difficult method of record keeping est 8 hours) Review Genetrack laboratory notes, protocol and data the laboratory may have some relative virtues to be considered (est 6 hours)

Prepare suggested/example questions for analysts (est 4 hours)

Prepare suggested/example questions for direct exam (est 3 hours)

Prepare illustrations and presentation for a clear, layperson's explanation of the principles of DNA testing (4). Of course after our discussions, we may find it necessary to shift emphasis a bit among these or other categories. Please let me know if there are questions or concerns.

Don Riley
Original message

Sounds good if you are coming from Sidney take the main hwy (17) into Victoria and then once you get into Victoria proper turn left at lights on Caledonia (new arena on the corner), take your first right onto Quadra and then your third right onto Cormorant, Amelia Street is the first left and we are on that corner, 1529 Amelia. You can park in the gravel driveway beside our building.

See you tomorrow

Sue

So I do the only thing possible, I call Mayland McKimm and Susan Wishart but I do not get any responses.

Then, I write them asking about this DNA expert that was kept from me.

They do not respond, I would be surprised if they did.

Now, I call my family and ask them if they had any clue to who this expert was and they all say no but requested copies of the disclosed emails.

Logically, I do the only other thing possible. I write to this expert and ask him a few questions:

1) Did you meet my counsels Mayland McKimm and Susan Wishart?

2) Do you know why you were not called to testify?

3) Were you available to testify, and if so was I excluded?

4) Would you be willing to testify if my case is reopened?

5) How much would you charge?

Dr. Donald E. Riley's reply back shocked me:
Donald E. Riley, Ph.D.; DNA Consulting, LLC

17 170th Place SW, Bothell, WA 98012; dr51@comcast.net

Kelvin Kingsbury Purdy FPS 800875E

Pacific Institution, Unit C

P.O. Box 3100, Abbotsford, B.C.,

V2S 4P4, Canada

Dear Mr. Purdy,

This is in response to your letter of July 4, 2010.

I will try to answer your numbered questions as follows:

  1. Yes, I went to Victoria and met Susan Wishart to talk about your case. I didn't necessarily expect to testify since that is a decision made by defense attorneys based on whether they think the testimony would be helpful or harmful. I remember being a bit surprised that there were no further conversations with Ms. Wishart, as I recall. I attributed that to defense counsel knowing more about the facts of the case then I did. She did carefully and thoroughly explain to me how the timing made it seem unlikely you could have been at the scene etc. I think she was sincere in her efforts to defend you.

Regarding my possible testimony, I don't know if she made the right decision or not. I did express to her some problems with some of the laboratory interpretations as explained below. There were many samples with some of more concern than others.

  2. I don't recall being given any reason for not being called. I assumed it was because on balance Ms. Wishart thought my testimony would not be helpful, but again, I don't know her actual reasons.

  3. As I recall, I was available. My notes indicate you were excluded as a contributor to the knife sheath and there were weak indications of another male. DNA from the glove box and the watch were consistent with the victim. Ms. Wishart indicated to me that the glove box could have been contaminated by the evidence technician and that there was a possible explanation for the watch results. I described to her that I had substantial problems with the lab's interpretation of the mixed DNA samples from the clothes. I don't think the lab understood the limitations of the tests being used. Specifically, no one has shown the tests remain reliable with mixtures of 3 peoples' DNA. Also, when there is a mixture of 3 peoples' DNA most of the common alleles in the population are present so including the wrong people become a hazard. More problematic, one of the sweater samples (18AF) was consistent with the victim and looked like a single source sample although it was extremely weak. Possibly related to this, I had a issue with the way one of the labs was not completely processing reagent blanks used to control for contamination. It looks like the second lab, Genetrack confirmed the presence of DNA consistent with the victim in 2 samples from the car (not sure what part of the car).

  4. I am willing to attend if appropriate after what I have told you. I would probably have to rely on my notes, as I no longer have the binders that Ms. Wishart put together.

  5. In addition to time away for testimony, I would have to study my notes and data images that I saved. I estimate total cost at $5,000 plus airfare and hotel. That includes about $3,000 for travel time away and testimony.

Please be advised that I do not know the case as well now as I did in 2005. The notes would help get me back up to speed. As with many other cases there are facts not directly related to the science that I am unaware of such as when your wife may have been in your car. Also, as in other cases, it is unclear to me whether items from the crime scene were kept separate from your clothing. My notes say that the 6.9.04 lab report listed your clothing with evidence from the crime scene. Sometimes that means those items were sorted and delivered to the lab together. However, I don't think I have confirmation of that. The tests used are incredibly sensitive and so can pick up DNA contaminants easily. Crime scene evidence should not be stored with defendant's clothing. But, whether such issues explain all the results, I can't say. My approach is to give the facts along with scientific limitations as clearly and honestly as I can.

I hope this gives you a better picture of the case from my perspective and the interaction between Ms. Wishart and myself.

Sincerely, Donald E. Riley, Ph.D. DNA Consultant

Kudos, this golden proof of innocence had in fact been known and never disclosed to me from my own trial lawyers. My past counsels had in fact retained a DNA expert that excluded me.

A letter now that questions the credibility of the Crowns own DNA experts who all refused to exclude my profile:

  1. Carter, Linsay (RCMP E div Tech Vancouver XX)

  2. Chu, Bernice (RCMP E div Tech Vancouver XX)

  3. Crossman, Christine (RCMP E div Tech Vancouver XX)

  4. Luu, Christine (RCMP E div Tech Vancouver XX)

The questions running through my mind were:

Why did they not tell me that this expert had scientifically excluded me?

Why did they not put Dr. Riley on the stand?

Did the jury not have the right to know that I was scientifically excluded and the Crowns experts were lying about not excluding me as both can not be right.

I have been trying to get DNA experts to look at the DNA evidence for years and cough up this very statement of exclusion.

This is what the jury should have been told, that I was excluded!

This contradicts the Crowns closing statement that I was never excluded and furthermore, whether I was excluded, who was the male profile? Equally important, and it only raises more questions is why would my own counsels suppress this exculpatory DNA evidence from my family and me?

The only conclusion I could find is simple, it must be the old boys and girls club protecting their own. My own trial counsels soon after my trial were seen as being rewarded by being promoted as newly appointed judges for British Columbia and so it appears that favours were obviously granted for them to ignore and suppress the scientific DNA exclusion evidence and witnesses and continue with a clearly witch hunt trial, conviction and continued wrongful incarceration.

No one wants to admit wrongdoing especially by his or her peers.

Looking back at my trial, my counsels were clearly unprofessional in their conduct as they deliberately suppressed this exculpatory evidence from me until after my trial.

I am so thankful to discover this letter and the corroboration of email correspondences in my case files from my counsels when Correctional Service Canada was ordered to give me access by the British Columbia Court of Appeals; they only gave me one random box out of eight at the time. A pleasant surprise is what I found inside the box.

On the bright side, the box happened to contain emails from Susan Wishart to and from a Dr. Riley and show in black in white that she picked him up at the Victoria airport during my trial. I am surprised that she gave me these emails. It must have been a slip up on her subordinates' part. Thank you.

Again, had I known about this expert, I would have demanded that this Dr. Donald Riley, a very prominent published DNA expert be put on the stand to counter the Crowns accusations that I was never DNA excluded.

Furthermore, in the Crowns closing address to the jury on transcripts 1647 to 1648: "and they didn't exclude Mr. Purdy. I wonder what you might hear in terms of the use of exclusionary DNA evidence if that particular evidence did exclude Mr. Purdy, but it doesn't."

How messed up is this?

I was scientifically excluded!!!

Before and during my trial, Dr. Riley tells me in his letter. "My notes indicate you were excluded as a contributor to the knife sheath and there were weak indications of another male."

The "another male" had to be the culprit. Should the Crown not be aware of this and be ordering the RCMP to find another male suspect?

I sent them a copy right away of this letter to the Crown, the Appeal courts and a copy to legal aid for funding.

All to no avail.

Why has my own counsels refused to not tell me why they suppressed this? I wrote them and asked but still, they have deliberately refused to answer me... typical of them.

The DNA laws in Canada I thought were quite clear: when a suspect has been scientifically excluded, the Crown's case is over. This exclusion disclosure and scientific DNA elimination was deliberately suppressed in my case so that the Crown could get a conviction.

Clearly, had I known about Dr. Donald Riley and whether he had been ordered to take the stand as he was available, there would likely have been an alternative outcome in my case!

I believe that I was prejudiced by the deficient performance of my counsels by learning that they made several errors so serious that counsels were not functioning as "counsel," guaranteed for the defendant.

In addition, I was denied the opportunity to personally take the stand and cross examine key witnesses in my own defence by trial counsels especially when they threatened to leave me during trial and so out I remained silent for fear of abandonment. This was very unprofessional and unethical conduct on their part.

But then again, I was also denied my choice of defence witnesses to take the stand, as several family members and friends were in court, wished to take the stand in my behalf, and filed affidavits as fresh evidence to the courts yet, my counsels and the courts suppressed their voices.

What bothers me is why did my own trial counsels Mayland McKimm and Susan Wishart not inform me that they had retained a DNA expert Dr. Donald Riley?

I wrote a letter to Legal Aid, found out that he was paid by Legal Aid, and even sent them a copy of the letter of exclusion that stated that he excluded my profile from all the evidence at the crime scene and in my vehicle.

Even with this, Legal Aid still refused to fund me counsel. I am indigent and now refused adequate legal representation for a motion to re open my case and my appeal in the Supreme Court of Canada. I was so frustrated.

Nevertheless, it all comes down to the basic fact was I was excluded! What deals did my trial counsels make for railroading me this bad and not putting a prominent DNA expert on the stand that was available and had scientifically excluded me?

I now know, they have both been rewarded and become judges. All my complaints about this to the chief justice, the BC Court of Appeals, the Supreme Court of Canada and my letters to the minister of justice, law society, Prime Minister, and Attorney General have all been deliberately and unfairly prejudicially ignored.

I asked to take the stand but was refused even this basic right. Even other family members were denied the opportunity to go under oath and challenge the false and misleading testimonies by Crown witnesses.

Where is the fairness in this?

Who can help me?

I feel that only a great person would stop a wrongful conviction regardless who was ordering it. So far, there has been no great person to intervene on my behalf in my case.

Why was I repeatedly and continued denied access to all my case files and materials by Correctional Service Canada (CSC) leading up to each of my appeals? I could not have a fair chance to succeed without proper access and materials.

Cruel and unusual is all that comes to mind... it is sad that the courts were aware of my appeals and the fact that CSC was deliberately frustrating me.

How can my case ever be re opened?

Can I not have a computer to access all the DVD's and CD ROM's that the Crown sent me in their limited disclosure that continues to trickle in?

Since day one, yet when I asked for a remedy, being court ordered in cell access to all my case files. By both the British Columbia Appeal Court (BCAC) and again by the Supreme Court of Canada (SCC), they both refused to address my motions for fairness. How unjust is our Canadian court system?

I am denied the right to make full answer and defence, which I believe is a s.7 Charter breach.

It seems there are always more questions than answers.

Why am I further denied discovery testing?

Why did the Crown not investigate the avenue of cross contamination by people at the crime scene?

I thought the Crown had a mandate to investigate all avenues of the defence that were raised and clearly, cross contamination was raised before, during and after my trial.

The Crown was and still is duty bound to investigate this and DNA test and scientifically eliminate all persons at the crime scene. This still has not happened.

Why the cover up?

Have they already found a match to one of their own?

The only thing that comes to my mind is that the Crown and RCMP know that cross contamination occurred and they do not want to prove it for fear they will look bad and the courts would then be forced to exclude all the circumstantial evidence they gathered.

Why do the courts not care about my rights being trampled?

With money to pay my counsel, I would not be here today.

I am indigent and Legal Aid has refused funding.

Is this fair?

Not being allowed legal representation in court for my British Columbia Appeals and my Supreme Court of Canada Appeal?

I, along with others think it is prejudicially unfair practices being denied funding by Legal Aid for indigents (those that have no income).

As you can tell, my mind does circles over the same issues.

Why am I unfairly and prejudicially denied being allowed to purchase an inmate owned in cell computer system with DVD ROM, scanner (integrated camera), burner and printer to access this mountain of court materials supplied to me on DVD discs?

It makes this clearly an appearance of prejudice and unfairness that I am deliberately denied the right to access this Crown supplied information. It is unfair that some inmates inside here are allowed computers and I and others under appeal and in school are not... I am told that if I have money for a good lawyer, I can get this too. This is unfair too.

Being incarcerated makes me indigent, that means I do not have money to do a proper investigation and hire adequate legal counsels.

I am still continuously denied the right for legal aid counsel funding and my choice of counsels for my appeals. When I asked the courts for this, I was ignored and then deliberately denied the right for adequate counsel representation.

This is an appearance of prejudice! Without counsel, I have and had no hope in getting my appeal heard in the courts.

Mr. Philip Campbell, out of Toronto offered to do my appeals only if funding was granted, yet I am denied this basic right of adequate legal representation of counsel.

The court registrar sent back his letters of assistance and furthermore, refused to allow them to be presented in the Supreme Court of Canada so he could have written arguments on my behalf that the court would have taken seriously.

I am only a chef!

I am not trained in this sort of thing.

Frustration 1 0 1.

Crown deliberately put documented liars on the stand and nothing I think is more prejudicial in the courts.

Why were these witnesses not charged with obstruction of justice when they lied to the police?

Furthermore, why were they not charged with perjury when they again lied under oath and admitted to lying?

Favouritism by Crown for the assistance in a conviction, even if it is a wrongful conviction is all that comes to my mind.

There are excessively many questions than answers....

I also remember during court that a police officer said that Charles Panet PRETENDED to faint at the Nanaimo hospital on December 12, 2003, but when Panet saw that no one was coming to help him, he got up. It appeared staged and fake by this officer.

In a nutshell, the Crown's circumstantial case was based entirely on false testimonies and not on factual evidence, which puts the entire justice system in disrepute.

It must be noted that witnesses will say anything when they have been given 'gift' computers like my daughter Stephanie Purdy received from Cst. Rupa, why not assign gift computers to my other two children who need them too?

The bottom line is that a bribe of a touch computer system 'gift' given to Stephanie Purdy.

Item #00275 clearly indicated that it was and only disclosure after trial. Crown disputes and denies that this was a gift.

So, why were not my other two children Amanda Schmitz and Kimberly Purdy not also given computers?

The only reason I have, is that they did not testify and therefore not entitled to the same 'gifts' as Stephanie Purdy was.

My family and those in the community think this was clearly a gift.

This is only because the Crown got their conviction.

Had the Crown not gotten their conviction, you can believe that any and all the witnesses who the defence proved lied, and omitted their original stories would have been charged forthwith.

July 12, 2010, a complaint sent to the Chief Justice of BC in Vancouver for unconstitutional delays in hearing motions within a reasonable time upon filing, obstruction of justice in denial of legal access to case files by CSC, deliberate CSC institutional delays.

I complained about my denied ability to purchase legal supplies for instance, I was only allowed to purchase twenty (20) stamps every two weeks, continued denied the right to purchase an inmate owned computer system with DVD ROM burner, scanner, printer and integrated camera and VHS player for in cell use which is an appearance of unfairness in that some inmates are allowed computers by court orders and others like myself are denied their Charter right to properly prepare and review all materials for my own defence and make full answer.

September 13, 2010, I am feeling prejudiced, my appeals are underway without allowing me access to my case materials and not allowed legal aid counsel. Appeal Court admits that they have Chief Justice Complaint today; September 13, 2010... still I have no access to the other seven boxes of eight legal files and an in cell computer system.

I again asked and tell the court for these requested motions for fairness, but these frustrating, prejudiced and unjust appeal trial judges all refused to give me a hearing with the required and needed materials to make it fair. This was an appearance of prejudiced unfairness by the courts.

Why do these justices not have the willingness or conviction to act?

All I am asking for is court ordered full access to case files, counsel representation and a computer for my cell.

Can you tell me what the problem with this is?

Why make this an appearance of unfairness in the eyes of the public and community by refusing me these simple things unless they do not want me to succeed. I understand that my trial counsels are both now judges but that should not matter too much.

Unless, it is the justices themselves that are the ones trying to suppress the truth, cover this up, that is what it appears to look like.

I feel that I am beating a dead horse.

I asked in chambers about my CHIEF JUSTICE NOTICE (Humbly Requested Judge Orders: Inmate Owned Computer System with DVD ROM Burner and Scanner; Appellant cell use of PlayStation 2 system; Bail; Change of Venue; Ineffective Assistance of Trial Counsel; Stay Proceedings for Abuse of Process and To Stay Proceedings for Unreasonable Delay.)

I believe that both Mayland McKimm and Susan Wishart breached the obligation of 'good behaviour' and should be removed.

September 13, 2010, the courts responded that they had received my Chief Justice Notice: Ineffective Assistance of Trial Counsel, which I had added ineffective assistance of all my appeal counsels.

I assumed all my court applications were filed as the court made no mention of them being dismissed, denied or ignored and in fact, the Justice agreed in chambers that they had received all my Chief Justice applications as they were before her.

Repeating myself over and over and now adding this to my memoirs but I do anyways for any law students that wish to look at what I filed in the courts and asked for.

Still to date, this has not been dealt with and addressed so I include it here for your comment and for the Chief Justice to reply on why the unnecessary delay in dealing with this matter of incompetent counsel representation.

As instructed and to help the courts, I sent them the following orders.

I don't know what else to do as none of the justices that have sat on my case have had the honour to act fairly.

Maybe adding what I filed here, the Chief Justice will eventually address this injustice and help me in re opening my case.

Can anyone help me get fair justice to address even some of these complaints I have and get me a computer system and fund my choice of counsels to help me as Legal Aid had denied me?

Crown then claims that according to my DNA evidence, Mr. Charles Panet was excluded as a contributor according to my own experts' analysis.

Did they realize that these same experts also excluded me?

This shocked me as the Crown is now admitting to accepting the analysis. So, the Crown must also be admitting to the second part of the analysis. Being both Dr. Dean Hildebrand and Dr. Donald Riley had me excluded as a suspect as well.

It only seems fair that whether you remark and seem to accept the results of these experts in chambers and then comment on the evidence and that Mr. Panet was excluded on September 13, 2010, you have to then accept all of the scientific evidence, including the elimination of their own prime suspect, me.

The learned BC Court of Appeal has agreed that I raised questions of some technical and legal complexity and national importance because the learned court was made aware that the Crowns ineffective assistance at trial and appeal.

Prosecutor Mr. Frank Dubenski openly admitting to defence to coercing a child witness by his gift of a computer system to her and his quote in chambers: "Stephanie will do and say whatever I tell her to..." which clearly breached the rules of ethics warranting sanctions; this counsel should not be immune to bad faith conduct and/or from disbarment.

Is he reprimanded?

Nope.

I pointed out and had shown the courts that I, Mr. Purdy was the driver of the Explorer vehicle shown arriving at Duncan Payless Gas Station at 6:32:55 a.m. on December 12, 2003.

This was an hour's drive from the north Nanaimo crime scene according to MapGoogle that occurred at around 6:21:00 a.m. There is no possible physical way he and any person could travel a one hour drive and even by RCMP speed driving with all green lights in only 11 to 12 minutes.

The Ford Explorer was witnessed and identified by many people in the community that easily recognize the vehicle driven by Mr. Purdy arriving at 6:32:55 a.m. including but not limited to: Cathy Tait, Duncan Tait, Tylan Chang, Tyson Chang, Tony Chang, Leona Whiting, Wayne Whiting.

These witnesses have come forward with sworn affidavits after trial and were available during the trial and fully expected to take the stand but were deliberately ignored by my inadequate trial counsels.

I asked the courts for counsel representation but my motion was prejudicially ignored because I was indigent. I explained that I called and wrote to Legal Aid many times to get funding based upon two DNA experts that have excluded my profile but I was quickly denied counsel assistance by them. I thought this was cruel for them to do.

Here I had DNA proof of innocence and our Legal Aid system was failing me, a person detained, without income and indigent. They even refused to supply me a complete copy of all my transcripts for court. Why are they even an entity anyways?

I wrote to Legal Aid and asked for an accounting of the money that they spent on my case for my trial and any appeal work and they still to this date have refused to supply me a full accounting.

September 22, 2010, the BC Appeal denied to accept fresh DNA evidence and address any of my charter violations and complaints on unfair prejudiced unfair appeal and trial, rules I must go to the SCC with new exculpatory evidence but do admit that I still have an appeal on length of sentence.

September 28, 2010, contacted new counsel who is doing a case review of my wrongful conviction file for UBC Innocence Project, Stephen Kelliher (250) 386.5566

Of course, Legal aid refuses funding for my appeal in the Supreme Court of Canada. I appealed this decision but they again refused funding. Therefore, I work on my own appeal on length of sentence, make copies, and sent them to the British Columbia Court of Appeals.

December 23, 2010, court registered and stamped my Appeal on length of sentence received.

About this time too, Stephen Kelliher refuses to admit that there was wrongdoing in my case and UBC declines to pick my case for review and it is dropped from review by them.

February 1, 2011, case transcripts arrive from new counsels for Appeal on Length of Sentence Peter Edelmann.

It took two weeks to get files out from A&D Pacific deliberate CSC Obstruction of Justice.

February 4, 2011, interview with Correctional Investigator about denied access to case files, third level grievance. She said my name would be referred to a friend of hers at the University of Ottawa legal department. Talked to Legal Aid, Talked to Sentence Lawyer Secretary call next Friday.

Therefore, I continued selling some stained glass work, giving my creations away to make a name for myself with the hope of family being able to sell some of them, and acquired enough money to order most of my transcripts, buying the materials for a court application and making all the required court and Crown copies of all my paperwork required. With luck, find the real culprit.

March 14, 2011, new letter from Mr. Edelmann, RE: Sentence Appeal. He does not want to talk to me and have me appear in person. Frustration again at being talked down to. I do not want this lawyer and need him if I am not allowed to be present for my own appeals.

August 5, 2011, I get a letter of acknowledge receipt of my application for leave to appeal from a decision of the Court of Appeal for British Columbia from Pascal Leblanc, Registry Officer for the Supreme Court of Canada.

I informed counsels Julie Santarossa and Philip Campbell. Mr. Campbell tells me he will send a letter to the court to inform them that he agrees to act as my counsel as I need one if the court would grants counsel because legal aid refused me twice.

Called BC Court of Appeal to inform them that I fired counsels and was told that my appeal was now on hold because of my application in the Supreme Court of Canada.

This I thought was unfair. I wanted to be present and have my appeal on length of sentence dealt with swiftly. Now, I have to wait even though I already had applied previously on this matter.

I was frustrated. I called Edelmann & Co, and asked for all my court transcripts and all material I sent them.

September 16, 2011, Jennifer Godwin Ellis at Edelmann & Co. sent me my trial documents so I could make copies for the Supreme Court of Canada application. I sent a reply back to them stating that for my appeal on length of sentence, I wished to attend in person. If I did not appear in person, then I did not want them as my counsels.

September 30, 2011, I got a letter from Philip Campbell at the law firm: Lockyer Campbell Posner. He was a lawyer that AIDWYC have graciously asked to help me in my Supreme Court of Canada (SCC) application. Counsel Julie Santarossa was then assigned and agreed to help me in my wrongful incarceration application to the SCC.

And so I decided to send in my Supreme Court of Canada leave to appeal to Ottawa.

I wait.

And wait.

And wait some more.

November 22, 2011, Crown Kenneth Madsen sent me a letter dated November 2, 2011, that my IPO gives me that is already opened. This letter reads:
November 2, 2011

Kelvin Kingsbury Purdy, Inmate

Pacific Institution

33344 King Rd,

Abbotsford, B.C., V2S 4P4

Dear Mr. Purdy:

Re: R. V. Kelvin Kingsbury Purdy

Supreme Court of Canada File No. No. 34391.

Enclosed please find an electronic copy of the Respondent's Record in this matter on CD ROM.

Yours truly,

Kenneth Madsen

Crown Counsel

Criminal Appeals and Special Prosecutions

KM/kh

Enclosure
I ask where the CD ROM is and then she pulls it out of her pocket and hands it to me.

Frustrating that had I not asked, she would have kept it.

How unfair is this?

I have been asking for a computer for years and now, Crown is again flouting their superiority by sending me a burned CD ROM and I do not have a computer to access the discs Crown sent me nor am I allowed to respond in like kind. That is burning a copy of my reply to Crown and mailing just a CD ROM to the courts and Crown.

This is clearly prejudicially unfair in my eyes. It is like they are deliberately rubbing salt into this wound.

The Crown is allowed to make and burn CD ROM's and send them to me and yet I am not allowed the same courtesy to do the same and reply in the same kind and format, a burned CD ROM disc.

Am I wrong? Without a computer, I cannot even access the disc.

Doing what most inmates in here do, I take a shower and use the back of the disc as a shaving mirror as there are no mirrors in the showers here as CSC staffs have removed them.

I thought the Crown was obligated to supply the same services and materials that is readily available in the community to all inmates who wished them and who can pay for them.

A week ago, I remember showing a twenty five year old inmate (who has been in prison since he was eighteen) how to load paper into the printer. Is this not sad?

This person is being released in a few months with zero computer training and everything in the community now, runs on computers.

Shame on CSC for not allowing us inmate owned computers anymore. I wish someone would help us get these back for us to purchase and have in our cell for all our legal and educational needs we all have.

I really need a computer and scanner to scan documents for court; I need a printer to print my documents daily (including weekends and at night) when I need to. Especially when court times are so important and delays happen and not at a time and place that CSC decides that seem to happen always after the court requires the documents and the computer to read the stupid CD's and DVD's that Crown keeps sending me that I am unfairly and unable to access.

Legal Aid called, told me they assigned a counsel for me for my appeal in BC Court. Funny that I never even applied for this.

Therefore, I write a letter stating my position and wanting to be present in person for court and if not they need not help me:
Attention: Mr. Peter Edelmann

Suite 905, 207 West Hastings, Vancouver, B.C., V6B 1H7

Hi there, my name is Kelvin Purdy and after talking to you on the phone today, thought I would put this note in the mail tonight.

I applied for a gate pass already for two boxes of legal documents / transcripts that I was allowed in my cell to be picked up by my Grand parents Aina & Michael Baron and they will arrange a courier to your office.

I am innocent and I have two DNA experts that have scientifically excluded my DNA from this crime: Dr. Dean Hildebrand and Dr. Donald Riley.

You can read my story on Facebook.ca / Kelvin Purdy

Most important parts of my appeal right now:

  1. That I be allowed to be present in person for my appeals.

  2. I get full in cell access to all my case files being deliberately and maliciously intercepted without court order and denied to me by CSC and

  3. I am allowed to purchase an inmate owned computer system with DVD ROM, burner, scanner, printer (black & white) and up to 22" monitor. Based upon fairness so that I can personally scan and burn onto DVD/CD's all my own case files and properly prepare and give a fair and full answer in my defence and assist any counsel and help prepare my own appeals in the Supreme Court of Canada, Minister Application, Family Court Appeal, and Federal Court Appeal and this Appeal on Sentence and further my education while detained.

  4. Request for the number of years of imprisonment during which I will not be eligible for parole with respect to the sentence imposed on me on November 25, 2005, at Nanaimo, British Columbia to be reduced to Conditional Discharge in lieu of sentence,

or in the alternative Manslaughter 7 years (time served),

or in the alternative 2nd Degree Murder parole 10 years (I would be eligible for day parole now as I have been detained just over 7 years since 2003/12/12).

5) NCRMD as a defence due to unjustly being housed by CSC at their Pacific Psychiatric Hospital Unit C when I became a medium inmate because I am claiming my innocence with DNA exclusion proof from two doctors.

If you are unable to assist me with these simple court orders (1 to 3) that I have repeatedly asked the courts for in person but they have kept ignoring these charter issues in my basic right to properly prepare an adequate defence and give a fair and full answer in my defence then, I do not need your services and I will proceed with my already filed Appeal on Length of Sentence court dated December 23, 2010.

These are some other file numbers that might assist you:

Lower Court Registry Number: 56040

Lower Court Registry Location: Nanaimo, B.C.,

Family Court File: ED 037144

Police File: 2003 45785

Supreme Court of Appeal: CA 033639

Supreme Court of Appeal: CA 035316 (December 7, 2007, on DNA warrant and computer system dismissed by Mr. Justice Bracken on July 3, 2007) Computer not addressed again.

Provincial Inmate Number: 05819974

Federal Inmate Number: 800875E

Complaints Against the RCMP: PC 2006 1042

I have not received any Post Sentence Reports to date, these should be requested to find out the reason for my unjustly prejudiced placement in a Psychiatric Hospital for the last four (4) years. As no Psychiatric Assessment has been done on me to date and my correctional plan stated that I wished to go to Pacific Institution (while Maximum Inmate) then Mission (as a Medium) then Ferndale (as Minimum).

Instead I was housed against my will in a Psychiatric Hospital at Pacific Institution when I became a Medium Inmate which is clearly unfair and prejudice having this now on my record. This is the only reason at why you should look at NCRMD as a defence and one I have put forward to the courts in my appeal to re open which was also ignored.

Why house sane people in a psychiatric hospital when they are only claiming their innocence? Unless something is mentally wrong! It is cruel and unusual treatment and punishment and very detrimental and unfair for a sane person to be unjustly housed around mentally unstable people.

** Two important days of transcripts you should order and I require copies are:

January 12, 2008 Victoria Court of Appeals CA033639

September 13, 2010 Vancouver Court of Appeals CA033639

Also, I would love to have copies of all transcripts on CD ROM.

Thank you,

Kelvin Purdy 800875E, Pacific Psychiatric Hospital, Unit C, P.O. Box 3100, 33344 King Road, Abbotsford, B.C., V2S 4P4

I did not get any CD transcripts from them to this day.

February 2, 2012, Groundhog Day today.

I received judgement from the Supreme Court of Canada, and without proper counsel representation for me, a Chef, I lost the opportunity for Leave to Appeal.

This was crap.

The court agreed with me on the length of time but refused to allow me counsel representation and to look at the exculpatory DNA exclusion evidence. What a mockery our justice system is.

This needs a completely new revamping to purge those incompetent judges from our judicial system.

Those who have the power and authority but are afraid to use it to right a wrong.

I think it was very unfair of them and the Registrar to deny me counsel representation when I proved that Legal Aid denied me funding and that Mr. Philip Campbell offered to represent me if given the opportunity in this court. I am only a Chef, not a Lawyer. But, I can now see that those who are indigent and wrongfully incarcerated are made to suffer even more injustice and unfairness.

February 8, 2012, I had a short telephone (250.729.4229) interview with Matthew Gauk, a reporter for the infamous Nanaimo Daily News. He barely asked any questions and he refused to tell me whether he would interview the two DNA experts Dr. Dean Hildebrand and Dr. Donald Riley who have both excluded me. He did not ask me too many questions.

Another white washing reporter.

Maybe he will have the insight to write and question the credibility of all the Crown DNA experts as they are called into question by their refusal to exclude my profile, especially when these two experts in the DNA field have. I let him know that the Crown expert's professor Dr. Dean Hildebrand is saying that his students are wrong and that they should have excluded me.

Mr. Matthew Gauk had no comment on Charles Panet's charges either. I think it is because he is just an apprentice pawn for Mr. Paul Walton, someone that can print whitewash fabrications to fit the Crown's case to mislead the public just to close a file.

On his article, he clearly misleads the public on certain things.

1) My age at the time of my ex wife's death in 2003 was 36 (I was born February 23, 1968). He wrote I was 44, that is how old I am today. Now you know my birthday, will I get more cards?

2) He said, "he said he was at Tim Hortons." That was clearly false as I never once said this. Jennifer told police and the court that she assumed I was at Tim Horton's after RCMP prompting during one of her interviews as that is where she always goes. This the transcripts clearly proved was misleading and biased and was corrected during trial.

3) The fact that Jennifer twice attested to the RCMP that I was at home with her at 6:00 a.m. was never reported in the newspapers.

4) The DNA found of mixed origin did not match Kelvin Purdy but another male and another unknown female profile.

5) Stephanie identifies a knife sheath at Charles Panet's residence under his chesterfield on a court breached sleep over at his place while I was living at Brickyard.

6) There were slanderous comments on breaches of court orders where no charges and comments to breaches were ever made. This was clearly false accusations made by the reporters themselves.

There were many other false and misleading comments too.

February 9, 2012, I had a visit from AIDWYC, Win Wahner came in to Pacific from Toronto and we had a nice chat.

All my case files are now being shipped to counsel:

Julie Santarossa, 381 Woodridge, Tecumseh, Ontario, N8N 3A7.

She works with AIDWYC and will help Mr. Philip Campbell with my AIDWYC review for a Ministerial application.

Just so happens that I get a PFV (Private Family Visit) with my mom Helen Purdy today too. Yeah, I get to do some real cooking for a change.

February 23, 2012, another birthday for me. I am now 44 today and I feel sad, angry, upset and tearful that I cannot be with my family.

I decide to work on my future business plans and get a draft copy out to my uncle Dunan Tait. It is a bit of a project but doing this, my mind can relax a little bit from constantly working on all my appeals these past few years without counsel.

February 28, 2012, I learned today that Charles Panet is going to trial and so is once again in trouble with the law. His British Columbia, Nanaimo Court File 73618.1 K, indicates that he is up on charges for CCC 267(b), assault causing bodily harm, all from another spousal assault incident that occurred on 27 June 2011.

From what family tells me: "It appears that he beat the crap out of his girlfriend but she got away, her brother called the police and pressed charges for his sister. The police reported that she ran out of the house saying he killed his other girlfriend."

I remember telling family and friends that given enough rope, this guy will just do it again and again, and so he has.

It is like clockwork for this guy. I am just glad that she got away, I wish my ex wife could have too.

Does Mr. Paul Walton report on this turn of events?

Nope. Not one little bit.

Instead, after I lose my appeal in the Supreme Court of Canada with DNA proof of my innocence, another article snatched by a supermarket tabloid by Mr. Paul Walton.

Of course Mr. Walton is once again misleading the public by omitting critical defence evidence raised during cross examination (by walking out of my 2005 trial court room with Cst. Rupa during the defence arguments) and put his own biased slant to puff himself up and reinforce all his other cheap supermarket tabloid articles.

Critics of this view will argue along with Mr. Paul Walton, that is OK.

I realize and know that a well argued case with the opposing view is welcome. Mr. Walton summarizes the Crown's circumstantial position almost verbatim; with all his yellowed biased articles. I hope to show that these arguments are flawed and my arguments to the contrary have greater weight and substance.

The Nanaimo Daily News still will not print my side of events even after several interviews and applications to the courts have not allowed me to take the stand and get my side on the record.

Regardless, this is why I have decided to criticize, adding his latest article and personal opinions for your review. Breaking it down and comment on it between all his misleading points, as he tries to justify a false conviction.

You my reader, after reading his wordy and colourful fairytales, one only wonders, where has the once very real neutral reporting gone that could make a difference?

Why not write the truth?

Write about transcript proven perjury in my case, and the DNA exclusionary evidence from two prominent DNA experts that clearly excludes me, furthermore points towards two unknown males and one unknown female profiles. Who are they?

Paul Walton "Jury Decision the right one" the Nanaimo Daily News, Monday March 19, 2012.

Jury decision the right one

The Jury got it right. Having covered the trial of Kelvin Purdy in 2005, and also having spoken with lawyers, witnesses and police officers familiar with the case, I certainly believe that he is right where he belongs, in prison.

Yes, Mr. Walton did cover the trial lynching and witch hunt. He always seemed to leave the courtroom with his friend Cst. Sorab Rupa exactly when the defence started to cross examine the witnesses. Mr. Walton seems to have kept regurgitating earlier court proven lies of those same witnesses, police officers and lawyers.

Where was the reporting of exculpatory evidence of DNA expert doctor Donald Riley, Ph.D. and his payments made by Legal Aid for him to be retained and available for my trial. Why was Dr. Riley existence kept from me, especially since Dr. Riley scientifically excluded my DNA profile. Does he think the public, Crown, the court and jury did not need to know this crucial fact?

Where are the articles on my lawyers Susan Wishart and Mayland McKimm becoming promoted to judges after their deliberate suppression of a DNA witness, them knowing that I was scientifically excluded before and during my trial? No, he did not write about this unfairness.

A quote that comes to my mind from Henry Ford: Thinking is the hardest work there is, which is probably why so few people engage in it.

There still is no reporting on the fact that doctor Dean Hildebrand also has looked at the DNA evidence and confirmed doctor Donald Riley's analysis, my scientific DNA elimination.

Dr. Riley also confirmed that there had to have been cross contamination because the unknown male and unknown female DNA in the vehicle and at the crime scene did not match my profile.

Furthermore, Doctor Dean Hildebrand was the professor of three of the Crowns experts, who is saying in a nutshell, that his students should have excluded me!

I believe the credibility of all the Crown's DNA experts are called into question. In fact, all cases they were involved in should be re opened and fully investigated to see how many others were also scientifically excluded, but without experts only wanting to please the Crown and RCMP case by regurgitating false and misleading information. Their own cracker jack DNA expert credentials should also be stripped from all the Crown's DNA experts too. If they still refuse to scientifically exclude me. DNA does not lie.

Purdy is doing time for the murder of his estranged wife, Denise Purdy, savagely murdered in a north Nanaimo alley on Dec. 12, 2003 as she walked to a bus stop in the pre dawn hours to get to work at a care home.

The fact remains that Charles Panet was the only person to know that Denise Purdy was going to work earlier than normal this morning. This was confirmed by him under oath and his phone records by the call to her from his residence at 6:45 a.m. at that time he told police, the Crown he was at work at BC Ferries until 7:00 a.m., Mr. Panet has since altered his own story several times by saying he was in a deep sleep at home, taking a shower, at work...

Mr. Walton did not write about this deliberate perjury, mischief and obstruction of justice by the Crowns star witness; and the fact that Mr. Panet was never DNA tested for scientific exclusion nor was any testing done and photographs taken on any of his knives he boasted about owning and was reprimanded for carrying to work.

All very unusual police investigation practices. It seems the police did not want to really find a match to the unknown male DNA and unknown female DNA that they found that did not match my profile or my children's.

Mr. Panet has never been charged for his lies. No, the Crown got a conviction and rewarded Mr. Panet for his altered testimonies by not pressing any charges.

How can a conviction be supported by perjury?

Now, Mr. Panet is once again in the police eyes by being up on charges for assault this year 2012 and yet Mr. Walton is not writing about this news breaking story.

The coroner confirmed that the victim, Denise Purdy had numerous bruising on her that occurred twelve (12) hours earlier, at a time that Mr. Panet was with Denise, having dinner. The coroner in his report, thinks she was bruised repeatedly at this time.

Denise told me, at the time Panet struck her, she immediately left him and terminated their affair. When she arrived home, she called her children and me in Duncan and explained her relationship with Panet was over. She wanted things back to the way things were between us. I did not. We had tried to reconcile several times, but to no avail.

I told her to charge the person who assaulted her and she said: "He already knows he's being charged." She would do this after her work tomorrow and we agreed to talk on Sunday at Time Horton's, like we always did each week when I almost always drove us both to the nearby coffee shop near her house for a coffee and chat about schedule changes, if any for the coming week.

In court, I first learned about her 3:30 p.m. appointment with Haven House, a battered women's shelter in Nanaimo. This made sense with what she told me earlier on the telephone that evening.

Her regular shift work was from 8:00 a.m. to 4:00 p.m. and it is logical she would have to go to work thirty minutes early and get off thirty minutes earlier, and skip her lunch break, to make that appointment. Otherwise, she would be finishing work at a start time of the shelter's intake appointment.

The telephone representative for the Crown disclosed the fact that Mr. Panet used *57 on his phone each time he received a call from this women's shelter, which is symbolic of logging a complaint against this same credited women's shelter.

Why would someone log a shelter's call as harassing and admit this in chamber, over time unless he did not care for this place and there were more than one person complaining against him from there that they were dealing with?

The Denise I knew always spoke her mind.

I firmly believe that Charles Panet called her at 6:45 a.m. after skipping his work shift, because he was upset about hitting her. I believe he tried to try to fix things, in his own sick way. I also strongly believe that Denise told him it was over once and for all between them and that she told him she had an appointment after work and was going to charge him with assault.

I can only suspect that Mr. Panet got angry and drove over to try and change her mind. They I strongly believe were the couple witnessed arguing and going up the street that morning. He either killed her or somehow arranged to get some of his 'friends' to do it. I think about how he did this in my head every day. Maybe he was not alone but took his best friend along with him in his truck. Or maybe it was someone he owed, they went after her and took it too far.

I do not know. But, I will eventually find out. They left their DNA behind and with this, I will track down the culprit(s).

The way the police handled this case, I can only speculate. It leads me to strongly believe that they may have done this and/or had something to do with it. This is why I wanted all the RCMP DNA tested at the onset of my detention and scientifically cleared as possible murder suspects.

The RCMP refusing to supply their DNA profiles for elimination is very suspect in my eyes. Refusing this, can only lead me to believe that they are clearly protecting someone of interest in their own department. Why else would you not want to be DNA cleared?

I would refer to the witness RCMP tip #87 that Judy McCoy describes a dark blue pick up truck picking up something or someone up at the time in question and speeding away. This was the suspects vehicle. When the RCMP learned it belonged to one of their own RCMP members, the investigators decided not to follow this lead. Frustrating and so this is the basis of a cover up.

The vehicle seen driving in a way that attracts a member of the public's attention at the same time screams were heard is very relevant. This is a red flag! There were two unknown male DNA profiles found at the crime scene that did not match myself, Kelvin Purdy's profile. Who were they? These were different profiles and therefore two separate male suspects.

How does Mr. Walton explain the thirty (30) calls to police from Mr. Panet in the two months leading up to her death. This does not show how many times the police returned those calls to Mr. Panet. This leads me to believe Mr. Panet was an informer for them. What other reason is there for so much of a telephone relationship?

Or what about Mr. Panet bragging to police, with his clear planning of this crime, and reluctantly disclosed by the RCMP, his taped interview statements on how Denise could and would die on the way to her work. This was months before her death. She dies exactly how Mr. Panet portrays it. This is deliberate planning. Another red flag in my book.

Even more corroborating, is the fact that Cst. Sorab Rupa admitted to seeing me buy a newspaper on the Payless Surveillance video tape in Duncan at 6:35 a.m. and now that exculpatory video taped evidence is now mysteriously missing and I believe deliberately deleted by him after he viewed it.

I have established that the missing Duncan Payless video surveillance tape is of such potential importance that its deliberate destruction deprived me of the ability to make full answer and defence, a judicial stay of proceedings should have been warranted. But, my pleadings to the courts are to no avail.

According to our laws, the threshold is met where the defence shows that the missing material would have likely assisted me in meeting Crown's case.

Had the tapes not been tampered with, and were available in full. The Crown would be hard pressed to prove I was in two places at once.

Cst. Rupa clearly had more knowledge of what was on the above surveillance video tape than what he was told because I did not tell anyone I got a newspaper at the Payless Gas station until after he disclosed this at my trial. This I remembered, and pointed out to my counsels. The missing portions have never been found.

Everyone can clearly see the vehicle I was driving arriving at the Duncan Payless gas station at 6:32:56 a.m. The crime occurred around 6:21 a.m. so, to drive from North Nanaimo to Duncan Payless, you would have to drive the distance in eleven minutes and doing the math, the speed would have to be in excess of three hundred kilometres per hour. Something our vehicles were not capable of.

For those who may be inclined to believe Purdy's claim, not only that he's innocent but that he's been framed, there is one fact that stands out among several to keep in mind. Somehow, Denise Purdy's blood and DNA were found on the passenger side of the dashboard in the vehicle of Purdy's then girlfriend, a vehicle Denise Purdy had never been in.

Quite contraire, Denise had been in our vehicle many times. I drove her to her appointments in Victoria during the 2003 summer and drove her home after our coffee chats on most Sundays. I even drove her to work when she would call in a panic because she missed her bus. I would gladly give her a ride to work. That is what a friend does. We had gone our separate ways but still understood that we could call on each other for help.

The only surprise would be that she would call me first and not Charles Panet for a ride to work, laundry, groceries or her medical appointments. I asked about this to her and she told me he was sleeping, or fishing or too busy. So, over time, I stopped asking her.

Her work supervisor even told the court under oath that they witnessed me dropping Denise off at her work in the summer of 2003 when she was with Charles Panet. This was because she missed her bus and would have called me. Well, this confirms by an eye witness, she was in the vehicle I was driving.

But when will I be given the benefit of the doubt on police cross contamination?

The defence has always maintained that there was cross contamination by the RCMP either unintentionally and deliberate to get a false conviction.

Why does the RCMP refuse to scientifically DNA test the people who searched the vehicle and those at the crime scene in Nanaimo? Or test all the people that attended the crime scene, or were close with her for a possible profile match. In the very least, to eliminate them as a possible suspect and firmly close this avenue of defence.

Cst. Turton was at the bloody crime scene in Nanaimo and did not wear the required protective white bunny suit, gloves, and booties. Furthermore, she was photographed standing on a bloody sidewalk by the media, Nanaimo Daily Newspaper. She admitted in court, under oath, that she immediately drove to Duncan and searched the apartment, and then went to the Duncan RCMP detachment and entered the vehicle without changing her clothes, putting on the required booties, and the white bunny suit to protect from cross contamination. This is the proof of cross contamination by her.

Cst. Turton admitted that she found no blood in the vehicle the first time she entered and sat in the passenger side. She admitted under oath that she closed the door while she rooted around and that photos were being taken outside the vehicle. This was confirmed when questioned about the items in the front seat of the vehicle being moved, she admitted that she did this during her search while she knelt on the front passenger seat.

I believe and can only speculate that her feet scraped the front passenger dash and left this stain from her previously being at and walking around a bloody crime scene in Nanaimo earlier that day. A DNA profile of her compared against the dash sample will confirm if this is true and if her profile is the unknown female that the Crown's own experts identified being on the dash.

She admitted that after this, she then got out, and started searching a second time from the back. This time and only then, discovered her own cross contamination that she left behind on the passenger side dash where she had just exited. This can only be the second unknown female DNA profile.

It is also strange that nobody else saw this when the vehicle was brought into the police station, until after Cst. Turton's blotched search. A photo was taken from behind the driver side, where Kimberly Purdy used to sit. This photo was then shown to Stephanie Purdy.

The Crown was obligated to investigate the avenue of cross contamination that was open and raised by the defence. This is the hallmark of a conspiracy when those in power and authority decide to use a verbal hall pass instead of proven scientific analysis.

The Crown and police are saying repeatedly that no cross contamination occurred. Fine, just prove it for me, us.... is not the Crown obligated to prove their story, beyond a reasonable doubt?

There is lots of doubt about this case written in newspapers and in the validity of their own statements to date. Clear the air please.

To date, the Crown has not proven that no cross contamination occurred. Should not the benefit of the doubt go in favour of the accused, being myself?

It only makes sense, I say there was cross contamination and until the Crown can supply the defence DNA profile copies that scientifically prove that none of the people involved in the case and at the crime scene were a match to the unknown profiles discovered by their own RCMP E division DNA testing.

The fact remains that there was unknown DNA profiles that did not match myself and the victim and therefore cross contamination occurred.

That is what our law says and it would be easy for Crown to prove their case in that there was no cross contamination. Just DNA test all the people at the crime scene and especially all the people who had access to the evidence and the vehicle in Duncan. That would shut me up, if they actually did their jobs.

If there is no match, then there was no cross contamination.

Being frustrated, do I have to repeat myself so much?

Also, if there is DNA that does not match the suspect, then you have the wrong suspect. Is that not how all the other wrongful convictions get overturned?

The convicted suspect turns out not to be a DNA match to the DNA found at the crime scene. Voila, another innocent victim of police and the courts rush to close the books on a crime.

Hmm, that sounds like me. My DNA did not match the male DNA found at the crime scene.

So, my DNA turns out not to match the DNA 'found' during the second search of the vehicle after the first search turned up nothing. Then I did not put it there. If I did, my DNA would be there too. There was unknown male and unknown female DNA found in the vehicle stain.

Obviously, the DNA came from the person and/or persons who put it there. That is why the police continue to refuse to disclose their own profiles for scientific elimination. Because I believe that they know it will prove that they did cross contaminate the evidence and therefore it would prove that they in fact planted it.

So much for transparency.

The police are obviously afraid that there will be a positive match on one of their members, and more likely already know that there is a match. Is this what the police really afraid of? Getting a match on one of their own?

Of course, proving that their own officers cross contaminated the evidence and would result in their entire case falling apart. This is why I included the DNA Scavenger hunt at the back of this book.

Anyone with time, money and the desire to search for truth, I would be forever in your debt if you were able to DNA test those named in the back. I will petition to repay any testing and acquisition in acquiring the DNA if your evidence and assistance in court if it is used to help to exonerate me.

Looking at photos, testimony and the main fact that Cst. Turton after collecting evidence in Nanaimo and tromping around a bloody crime scene without wearing the required protective white bunny suit and gloves then drove to Duncan and without putting on any protective gear started by getting in and searching my girlfriends vehicle as per transcripts page 891, Cst. Holly Turton: "I'm wearing the clothing that I'd been wearing earlier in the day..."

First from being in the passenger side without protective gear and also to admitting closing the passenger side door while still inside the vehicle and rummaging around there while pictures were being taken by Sergeant Lynch and still she did not find any incriminating evidence when she was looking for some at that time.

Then, some time later, she re enters the vehicle from the back and discovers a smear on the passenger side where she just vacated! Therefore, she could only have left it from her previous search.

How convenient, and highly suspicious that she refuses not to scientifically test and exclude herself and any of the other dozen of officers who where there in Duncan and who had access to the vehicle. Especially to test those people that came from the Nanaimo crime scene earlier that day.

I point out on transcripts 1647 to 1648 in the Crowns closing address to the jury, DNA exclusion was raised and the Crown's own experts failed to exclude Mr. Purdy: "and they didn't exclude Mr. Purdy. I wonder what you might hear in terms of the use of exclusionary DNA evidence if that particular evidence did exclude Mr. Purdy, but it doesn't."

Clearly, had Dr. Donald Riley been allowed to offer DNA exclusion testimony, as he was available, flew into Victoria, picked up by my counsel Susan Wishart at the Airport during my trial, yet I was not informed about him nor was he put on the stand; had I been informed of this, I would have demanded that Dr. Riley take the stand. I believe that there would likely have been an alternative outcome in my case.

As to Denise Purdy never being in my girlfriend's vehicle. Denise was observed being dropped off by me at Longlake Chateau (her work) many times by the staff after our break up when she missed her bus and she called me to help her out. The staff also testified about me dropping her off and picking her up during the summer of 2003 after we were separated.

How many times do I have to repeat myself?

Also, both my girls admit that their parents both went out together in the Explorer for coffee almost every Sunday after I dropped them off as they stayed with Bartolina, in the Grandmothers' care for the duration of our coffee chats.

Why was Bartolina not put on the stand?

Especially someone who last saw and spoke to Denise Purdy and could tell police who came to see her and confirm that witnesses admitted to hearing an argument going up the street that morning. They could have identified who the Grandmother saw with Denise that morning.

Someone like Bartolina could tell the jury what state of mind Denise was in after she talked to Charles Panet just thirty minutes before going to work. Was she relieved for breaking up with him? Was she terrified? Was she waiting at home for a ride to work from Charles Panet instead of taking the bus?

Mr. Panet told the court under oath that it only took him seven minutes for him to drive there from his house to hers...was this him admitting to it! Speeding and going to her house that morning? It is funny that when you Google or Mapquest the driving times and distances and options, it takes three times as long to drive this, going the speed limit that is.

Has anyone driven from LaSalle Road in Nanaimo to his house on Discovery road near the downtown BC Ferries and time how long it would take a normal person driving the speed limit? I bet that it would be more than his cited court statement of seven minutes. MapGoogle tells that it takes twenty one minutes.

I bet that if you speed, and drive three times the speed limit of the posted city areas, including all the school zones, you could do it in seven minutes.

I remember that it would take me twenty two minutes each day to drive to Malaspina University for my culinary arts programme and the same time back again from LaSalle road when I went to school there from 2002 to 2003. Sometimes it would take me longer if there were any red lights. But I am a safety nut. I drive just under the speed limit, as Jennifer can contest to my slower driving speeds.

Several witnesses did report that a couple were heard arguing and going up the street, starting around her house. Yet the physical description offered by them did not match me. I and many of the witnesses know that I was not the culprit. Many of these witnesses were not called to take the stand in my defence. Because their version of events contradicted the Crowns theory and raised to many questions.

The witnesses all told the police and described under oath someone over six feet tall, dark clothing, skinny legs/jeans, wearing a 'Tilley' hat and having long hair. They did not did identify myself as the suspect, even when I was identified by Crown being chained and in leg irons during my entire trial in the prisoner's box when they were on the stand. Only a few of the witnesses recognized me as living and being the ex husband of Denise Purdy. But none of the witnesses pointed me out as the person they saw that morning. It was someone else, with long hair, wearing a 'Tilley' hat, tight jeans, right handed, and over six feet tall.

Or for that matter, why did the police not immediately do a suspect line up on December 12, 2003, and put Charles Panet and myself in it? I bet whether they did, everyone would have picked out Charles Panet and/or someone like him from a proper police line up. This was just incompetent on their part not to do this right away, with the image of the culprit fresh in the minds of all the witnesses.

I did not own jeans and a 'Tilley' hat at that time. Although Charles Panet admitted under oath to owning several of these 'Tilley' hats and giving some away. He even admitted to a few years later to losing one of his 'rusting' fishing knives.

The fact of the matter is that Charles Panet is over six feet tall while I am only five foot ten (that includes my brush cut hair).

Even today, I still shake my head over the claim at the trial that the stain found by forensic investigators was pizza sauce.

During trial, the RCMP lab admitted that they never tested for pizza. Jennifer Whyte assumed that the stain she cleaned the early morning of December 12, 2003, after picking up the vehicle from the RCMP was pizza sauce from a dirty pizza box that was on the dash. This was because we ate pizza on December 11, 2003, and had the box on the dash on the way home. She was deliberately told by RCMP, after she cleaned the stain, that it was blood, even before any scientific testing was done on the stain.

It is strange that none of us saw any stains on the way to the hospital. Had someone seen something, it would have been brought to my attention right then. The fact that the vehicle was taken away by the police and given back the next day for Jennifer for cleaning was never addressed.

Had there been a stain, it would have been pointed out and asked immediately about by Jennifer, Stephanie, Kimberly, Nathan and even myself at that time. I never saw any stain and nobody else did until shown pictures of the stain and after the vehicle being returned to Jennifer with a new stain in it.

The police pointed the new stain out to Jennifer and Stephanie on December 13, 2003, which was shown to them the day after the RCMP searched it and when the vehicle was released from the police. Now the vehicle dash had a new and fresh stain on it (cross contamination) and Jennifer had to clean it before her initial interview with police.

The better questions would be: if there is cross contamination, who could have done it?

Why was Kelvin Purdy's DNA not the male profile in this vehicle?

The fact remains, someone did leave their DNA behind. Let us test all the persons who had access to and were in the vehicle including all the police and people that were at the crime scene to rule them all out scientifically.

That Denise Purdy's blood and DNA were found in the vehicle only bolsters the Crown theory, as accepted by a Jury.

The Crown and police to this day still cannot explain the fact that my DNA was not in the stain and even more importantly: Why there was an unknown male DNA and unknown female DNA in this stain?

It is only logical to assume that whoever put the stain there also left their own DNA behind, and that is why there is proven unknown male and unknown female DNA. The bottom line is that had I been involved in any of this, my DNA profile would be there and nobody's else.

The fact also remains that the stain magically appeared only after Cst. Turton exited the passenger side of the vehicle after her initial search found no blood and DNA stains. It was only discovered during her second entry into the vehicle wearing the same cloths she wore at a bloody Nanaimo crime scene.

Until the courts order DNA testing for scientific elimination of all innocent persons involved in this case, this will forever be viewed as a cover up by those in authority.

Lets rule out all the innocents like I was by two DNA experts!

Fact: I was scientifically eliminated by Dr. Donald Riley during my trial and Dr. Dean Hildebrand from the vehicle samples and all the evidence collected from Nanaimo at the murder scene. That leaves only unknown male and unknown female DNA.... I bet it is a cop as they refuse to provide their profiles for elimination and the courts continue to refuse to order their profiles be compared for scientific DNA elimination.

I have demanded re opening of my case and that Dr. Donald Riley be put on the stand along with Dr. Dean Hildebrand.

Telling the British Columbia Court of Appeal this, they advised me to apply to the Supreme Court of Canada as they said they did not have the jurisdiction. I still think that was crap and that our justice system is unJust.

The Courts had the jurisdiction but refused to use it. The Crown's four DNA experts did not exclude me and all of them said I was only a partial match, yet both Dr. Dean Hildebrand (the Crowns own DNA expert professor) and Dr. Donald Riley both exclude me. Who is lying? Someone is.

That theory is straightforward: Purdy left the residence he shared with his girlfriend in Duncan early on the morning of Dec. 12, drove her SUV to Nanaimo, waited for Denise Purdy in the alley, stabbed her to death, drove back to Duncan where he disposed of his bloody clothing and the knife in a dumpster at a Payless gas station, and then returned home with the milk that he told his girlfriend he had gone to get.

Except to punch a huge hole in the Crown's theory, I was seen on a Duncan Payless surveillance video tape driving in my girlfriend's vehicle arriving at the Payless Gas Station at 6:32:55 a.m. on December 12, 2003.

Cst. Sorab Rupa even admitted in court that I got a coffee, newspaper and milk from that same Payless Gas Station. He obviously saw me get a newspaper; an RCMP member would not lie under oath would he? After reading this, he might try to retract his court transcript statements but that would then mean he committed perjury.

Why was that part of the surveillance video tape, of me getting the newspaper, deliberately deleted from the video surveillance tape at 6:34:00 a.m. after being viewed by Cst. Rupa?

Rupa told the court that he saw me getting a newspaper and so just this fact alone, he had way more knowledge than what did show on the remaining portions of surveillance videos that were finally submitted to the court for viewing. A crucial part was removed, that is proof of tampering by him with the evidence, all to get a conviction because of his earlier blotched case and wrongful conviction that was overturned.

I think he was just trying to redeem himself because of an earlier tunnel vision case where he deliberately ignored a second suspect. Let us also try not to forget the fact that the very same officers involved in my case were also reprimanded for the wrongful conviction of Mr. Scott Mercer. Because these same RCMP members all of them refused to look at alternate suspects.

Purdy never took the stand at the trial, so we don't know if he has an alibi for what he was doing during that hour, aside from the overlong trip for milk. He certainly didn't mention one to our reporter, Matthew Gauk, in the recent piece Gauk did looking at the case.

I asked to take the stand but my counsels threatened to leave me if I did. I was forced under duress to sign a waiver to waive my rights to this. Being in jail for the first time, threatened and beaten by the guards and undercover RCMP, I was in no position to argue this unprofessional action of my counsels. Even now, I continue to be intimidated by CSC staff and verbally threatened. Which I think is cruel and unusual treatment and punishment.

Did Mr. Gauk write about this?

No.

Does anyone?

No.

I asked counsels to let me take the stand. I was refused this right. I asked that family members who wanted to take the stand and people agreed to but my lawyers refused to follow my instructions and put them there to dispute the false and misleading testimonies of Crown witnesses.

I remember that I wanted to have the same number of witnesses as the Crown did, one for one. That would have been fair.

Instead, I was muzzled and blindsided into silence. The defence only called two witnesses, I wanted more. My directions were not followed. Many family members wanted to take the stand but we were all denied this right, which I thought was not fair.

How can one be presumed innocent when one is handcuffed and in leg irons for the entire trial?

I was presumed guilty from the very start. Being denied court access to my case files, denied a computer with DVD ROM and burner, to be denied the opportunity to review all the case materials the Crown sent me and my lawyers had, to be unfairly prejudiced... How can I make full answer and defence without being given access to all the materials forthwith?

Did Mr. Gauk write about this?

No.

And for that matter, I can't read a reporters mind on questions that they would like answered. Or questions that Mr. Walton wanted answered without him asking them.

And thank you for admitting I was only gone for an hour. Jennifer and Stephanie also agreed that I was gone only an hour from the apartment. It appears that everyone seems to forget that I was gone from the apartment only for under one hour.

Everyone forgots that it takes a full hour to drive from Duncan to Nanaimo AND another hour to drive back. Anyone can Google the driving times from 6421 LaSalle Road, Nanaimo, BC to the Payless Gas Station in Duncan, BC.

Do the math and you will see that, one plus one equals two hours. This is basic. It is not possible to be seen in Duncan at 6:00 a.m. by Jennifer Whyte (in bed with her as per her first and second statements told to police) and suddenly to also be in north Nanaimo committing a murder at 6:21 a.m., which is not physically possible.

How can I be viewed arriving at the Payless Gas station at 6:32:56 a.m. about ten minutes after the incident in question? The math does not add up!

Did Mr. Gauk write about this?

No.

Another fact to keep in mind: Finding Purdy gone with her cell phone, his girlfriend began calling the phone but the cell phone was turned off.

The defence made the point with the cell phone records that proved that the cell phone was always turned off each and every evening and we only turned on the phones later in the mornings after seven. The past phone records do not lie, they show us all a schedule of happenings. Some mornings, the phone was not turned on until lunch time. Having only one phone and limited minutes per month, we used the phone sparingly and I only turned on the phone only that morning to check the evening and early morning messages.

Nothing wrong with this and that is when I got a call from Jennifer who asked me what I was doing and I said, 'Having a coffee.' I did not say where I was.

Clearly, I was at the Payless Gas station as seen on video surveillance footage and Jennifer admitted that she only assumed I had gone to Tim Horton's. This after being prompted and told by the police over a dozen times after reviewing her taped interviews with police.

It is a place that she agreed under oath that she would have gone but not I, as she agreed that I prefer going to gas stations. The coffee is cheaper there and especially the Payless one in Duncan. As I don't smoke, I avoid my past smoking vices being going to Tim Horton's.

Reminiscing about the past, I remember that I stopped smoking almost seventeen years ago. My new wife Denise, who spells it Dennis, was from the Dominican Republic and our second daughter Stephanie was one year old and would turn two next month. We moved from Cornwall, Ontario after their first steamy and hot summer in Canada and had arrived here in Dryden, Ontario.

## Our timing was impeccable as we arrived just as the first winter storm hit hard this year after a long icy and slow drive over. It was February 18th, 1995 at 11:30PM. I had just run out of cigarettes from smoking two packs that day.

I was averaging one and a half packs a day to two depending on the stress of moving and raising a family and not being allowed the opportunity by the courts to raise my eldest daughter Amanda, who would now be four years old and living with foster parents somewhere in Ontario after being taken by Children's Aid Society.

Being raised by loving foster parents and was spoiled by the experience of a private school life, a cottage on the lake and moving around while living with my adopted family, Dean and Helen Purdy, and three younger sisters: Jennifer, Laura and Elizabeth. I was now meeting my biological families and taking my new family to share the experience with me too.

Dennis learned a lesson being always wear a hat and be properly dressed in layers even when the sun was out as it was still cold outside. She once went out to the store which was a block away and when she got back with some milk, the top of her ear was black and frost bitten. It healed over the next few weeks but she always wore proper clothing and made sure her child did too forever after. Yes, Dryden was a cold place to live in.

My dad Hal informed me that he had three cerebrovascular accidents (strokes) because of his smoking and it shocked me that I was lucky to be with him today.

I was thinking suddenly of being like him and not being around my kids, especially when they had children and their children had children, and so forth.

We were living with Hal and getting to know the relatives and his friends there in Dryden and Eagle River, all while I worked at the local Safeway grocery store stocking shelves at night here in town and also shovelled snow for people while trying to get work at the local paper mill where he worked.

I realized this was not looking good so I called and talked to family for options.

As the four of us shared a two bedroom in my dad's two bedroom trailer, when not working, we went snowmobiling and hunting ducks in the woods up near Eagle River.

The paper mill had just laid-off some people and so I was enquiring elsewhere for work too. Leona, my biological mom, lived in Nanaimo, British Columbia and offered earlier to pay for my trip and help with three months rent.

The winter was a lot milder there in Nanaimo and for the most part of the winter it just rained. I explained that there were lots of opportunities to teach my daughter new sports and life skills.

I enjoyed skiing, white-water kayaking, biking and camping and thought that BC would be a great place to pass down to my family some of these things I excelled at. After discussing and deciding that when spring came, Dennis, Stephanie and myself would move to BC. I realized that I was again out of smokes. I joked to her and said, "I'll quit for your birthday, that just happen to be tomorrow or in thirty minutes."

That night I did not go to the store for smokes, the weather miserable, it was freezing and snowing with a light white powder of snow coating everything. I decided to change my habits a little. Instead of bundling up and driving through the snow to Tim Horton's and getting a coffee and also having a cigarette there, because, at that time we were allowed to smoke there.

Instead, altering my routine, I went to the local gas station and bought my coffee there on the way to work. The reason being: they don't allow people to smoke there, the obvious reason being gasoline fumes and flames don't mix, they explode. The added bonus being: that the coffee was cheaper and they had individual flavoured creamers you could have, my favourite was French Vanilla.

I went to work stocking shelves at the Dryden Safeway's that night and did not smoke on any of my breaks. Doing this same new routine, soon three days had past. Later, I realized that I still had not had a cigarette! Breakthrough! I then went without a smoke for another three weeks.

In March, a break in the weather so we moved to Nanaimo, some people call this time of year Indian summer. I bought a brand new Saturn SC2 coupe car, the colour a Saturn Blue without a smell of smoke in it at all. Three months passed, and then three years and now I am working on getting up to thirty years still without a cigarette.

## I realize that want to live and see my kids have kids and their kids have kids and so forth. Down the line, I wished to save monies, retire and be able to afford to build and operate my own Bed and Breakfast at an airport, do stain-glass work and write stories. I enjoy being a new grandfather of two, a beautiful girl Lily, and a cute little boy Liam.

## Again, this is why I prefer getting coffee at gas stations instead of Tim Horton's. Keeping my smoking temptations and triggers at bay, for anyone who had the balls to ask me. Raising family, the loves of my life, which is why I stay away from my smoking trigger.

This I continued doing even when we moved to British Columbia in the spring. Years later, my nicotine trigger was still Tim Horton's, so I did not go there for coffee. After meeting and working for Jennifer's father part time in the roofing industry, I was introduced to Don, the owner of the Payless Gas station (through Jennifer) and started going there for newspapers, filling up the company trucks with gas there, and my morning ritual coffee.

I had dropped off a resume at the Payless a week earlier and was waiting around for Don as staff informed me he would be in shortly. I was hoping to see him about possible work there and at one of his other businesses, he owned in Duncan and Victoria.

When I dropped off my resume a week ago, he told me he had just hired a gas station manager in Victoria so, I was just following up on this in case it did not work out for him with his new employee.

I had worked a grave yard shift at a gas station when I lived at the Pemberton Hotel in Pemberton, British Columbia in 2002 to 2003 and had the experience with lottery, bus tickets, gas supplies and inventory control.

I remember Jennifer asking me to get milk the evening before when there was only a little bit left, and again at 6:00 a.m. when I got up to feed and change my stepson Nathan the last bottle of milk we had. I left not long ago at around just around 6:15 a.m. Jennifer must have woken up fully just after I left. Nathan her son she observed and told police that he was fed and changed by me at 6:00 a.m. just before I left to get the needed morning milk.

Jennifer was so excited to go see her sister in Victoria and also to continue with our Christmas shopping we were going to do this weekend there.

My plan was to spend the day in Victoria with the kids and so give her the full Friday to be with her sister before her big move to Alberta on Saturday and then go back and do the shopping on Saturday and maybe Sunday in Victoria with a sleep over at a hotel for the kids to bond some more and get some swimming in as we had not gone to the pool for a few weeks.

Consider also the deep cut on Purdy's hand that required stitches that morning.

Doctor Cunningham called my cut 'superficial' one that did not cut the bone, tendon and the muscles. Why not write the truth? Why deliberately change the facts and you are the only one to call it a deep cut?

Hey, the superficial cut was on the knuckle and it could not go deep. I remember that I just wanted to crazy glue the damn cut as I have done in the past but Jennifer insisted I get a doctor to look at it.

Looking back, I remember that I had nicked my finger the day before (Jennifer referred to this in court) closing the lid of my knife case and now again this morning I had a cut from the same aluminium briefcase that I had been keeping all my knives in. I was contemplating exchanging this knife box for a mechanics toolbox on wheels (for all my chef tools and knives) but for now, it was easy to lock up and keep and out the way of the children.

I needed my knives together as a chef as I brought my own knives back and forth from work each day. My case was packed with knives and just recently put in foam padding to hold all of the knives in their own individual places. With the box packed as it was it had a heavy lid that contained an assortment of knives and tools.

He made inconsistent claims about the wound at the hospital and the story remains incredulous.

I told everyone at the hospital the exact same thing on what happened that morning. Two years later, in court we have three people with three different recollections of an event they hardly remember years earlier. It is not a surprise to learn that their memories were now different.

Clearly, I remember opening my aluminium knife case with my left hand, reaching inside with my right hand while turning and chatting with Jennifer who was asking me a question on where in Victoria we could shop at after we visit her sister and niece.

She then rattled on at the list of people we needed presents for Christmas and being so excited and anxious to go there. I was trying to take things in small steps this morning first, get the kids up, dressed and then fed.

Being distracted and not paying attention to a question Jennifer asked about moving from this place, I heard a snap and felt a pinch on my right hand as it closed. Instinctively, I snatched my hand back but was not fast enough. Reflexes snapped into play and I naturally pulled my hand away even more quickly. It was then I noticed a streak of blood running down around my centre finger and I said, "shit."

That is when I remember that Jennifer poked her head into the kitchen upon hearing the noise and me swearing while she was sitting at the table and her saying "what was that?"

Seeing my hand dripping blood on the foam in my knife case she exclaimed: "Oh, my God, you're bleeding!"

That is when I stopped making breakfast and Jennifer ordered that I clean my hand and see a doctor at the hospital. The hospital luckily happened to be right next door to our apartment complex. It was clearly a superficial cut and I just wanted to put some crazy glue on it as I normally would have done but Jennifer insisted that I see a doctor. So reluctantly I conceded and we all went to the hospital together.

The doctor who stitched Purdy's wound told the trial that the cut was "unusual" for the type of injury Purdy described.

Not so unusual an injury if you read the whole part of Doctor Valerie Cunningham's testimony transcript page 29 to 30:

A When I encounter a patient with a laceration on their hand I generally ascertain whether they're right or left handed, because it is clinically important. And I remember noting that it was an unusual injury because usually when we have people chopping vegetables they cut their non dominant hand, or the had that, you know, if they're right handed, dominant means the hand that you write with. And I remember commenting that it was un unusual injury because it was a laceration in the back of his right hand. We usually see lacerations on the back of the left hand. And and then our conversation sort of went from there, and exact details of the conversation I am not clear of at this time.

Q Mn hmm.

A But I do recall making that comment.

Q Mn hmm. And what did he say to you in terms of your comment as to being on the right hand?

A I believe he told me he was left handed.

The bottom line is that it was not unusual because I was left handed! It would only be unusual if I was a right handed chef as she first thought. The unusual was the top where I explained about the knife case closing on my hand and that I thought it was a knife on the lid, a sharp pointed scraper that cut me.

This also explains Dr. Cunningham's comment that one of my cuts looked older like 12 hours old. Of course it did, I cut myself the day before on the knuckle and it was healing just nicely. This also was clearly backed up by Jennifer Whyte's testimony and observations she had on me found on transcript page 755:

A A few days ago he cut his finger very lightly. Like he nicked his finger the other day going in.

Q Yeah?

A I even nicked myself a few times going in that knife case.

Having received many little cuts on this case, it was a problem and my solution was to get rid of the case at Christmas time with a present for myself of a mechanics tool chest on wheels for all my chef knives and tools that I use at the restaurants being my immersion blender, coffee grinder, spice grinder, spices, knives, forks, spoons, serving tongs, serving spoons, whisks, graters, kitchen aid and attachments, pasta maker, dehydrator, selection of smoker wood chips, specialty oils, etc. Too many tools and items accumulated over the years to fit inside a small case.

It was sad to see that the RCMP tossed all my tools back into my case without placing them in their appointed slots after laying them all out and taking pictures of them. They then deliberately lied under oath and said this was how they found my knife case.

And there arises another piece that raises questions. The trial heard that Denise Purdy and her then boyfriend had called police about Purdy, alleging stalking behaviour. But there was nothing to indicate to Mounties that this was anything but yet another difficult divorce case. Purdy was never charged for those pre murder incidents.

Mr. Walton again is misleading the public and spreading false accusations about me. I moved to Duncan because of the stalking of Charles Panet, around my residence being seen at my car by me at odd hours of the night (I had a motion detection light that would click on and when I looked out the bathroom window at my car, I would see Panet sulking around. As the light would go on, he would take off and I would notice in the morning when I went out that my tires were again being out of air and appearing slashed numerous times.

I got into a habit of having several cans of Canadian Tire's instant aerosol flat tire repair in my trunk because of these incidents that kept occurring.

One day, I remember being with Jennifer Whyte and she directed me to a tire shop where one of her ex boyfriend who worked at down town Nanaimo. He removed and fixed all four of my leaking tires and pointed out all the slash marks in them and he found and showed us both a pointed barb that he took out of one of the tires that appeared from a knife tip.

I wish I had kept this as Jennifer's friend thought it was very curious and strange. So maybe it's still there at that tire shop whether anyone wishes to investigate this. I remember him saying "it appears that someone doesn't like you, eh?"

This I explained to my lawyers but they refused to follow up on this. I even supplied copies of several pages of harassing phone calls from Charles Panet and Denise Purdy. When I asked the police to intervene and charge Denise Purdy and Charles Panet with this and abduction and harassing, the female officer refused to do so.

Still she refused to charge either person with breach of the standing court order I had against Denise Purdy, this reinforces the biased favouritism held by female Nanaimo RCMP officers with my custody case.

It also shows that Mr. Panet had some kind of special relationship with the police so that they continued to give him 'a hall pass' for his blatant mischief, abduction and documented telephone harassment of my family and myself.

Those harassing phone calls I documented and gave copies to the RCMP. They originated from Charles Panet and Denise Purdy, were deliberately ignored by the RCMP, the tire slashing of my vehicle and keying on the side doors all miraculously ceased after I moved my family to Duncan. I think because it became a long distance telephone charge and travel for them.

That is the main reason that we always turned off our cell phone at night. The representative for Bell agreed that the telephone records indicated that over the last few months we always had the cell phone turned off in the late evening and messages would go to voice mail until sometime after 7:00 a.m. each morning or later.

And then there was the chilling phone call to Denise Purdy, as recounted by her daughter. She had the speaker phone turned on and the girl heard her father very clearly say he was going to kill her mother.

Not much investigative work here. Denise did not even have a speaker phone at that time and thereafter. The only speaker phone that we had was on the FAX machine that I owned at my residence in Duncan, a place that Stephanie was not at the time in question. Looking back at this, the officer that took the stand that investigated this alleged incident came to the conclusion that Stephanie was being prompted by Denise and that this incident was clearly a fabrication.

The officer further commented that the police investigated the complaint at the residence and realized the parties were lying and thus no charges were ever pursued in this matter.

The only 'chilling phone call', I remember in court was the phone message played and left days earlier by Mr. Charles Panet on Denise's answering machine. That was very creepy and was the only 'chilling phone call' brought up. I had goose bumps appear all over my arms when listening to this creepy message.

This call was documented as coming from the residence of Charles Panet and when questioned during trial, he said he was only joking. Hearing the call, my lawyers confided in me by saying that they got goose bumps and their hair on their arms stood up. I got the same too. After listening to the creepy and chilling phone call in court from Charles Panet, I too thought this guy sounded very evil and seemed to be planning something.

While Purdy's lawyers (both now judges, so he was certainly adequately represented) didn't like the word when I put it to them, the evidence was over whelming.

Yes, Mayland McKimm and Susan Wishart are now judges. When they were retained, they appeared to be acting in my best interests. Sometime during my trial in 2005, that appearance stopped.

I was beaten up several times in VIRCC pre trial, sometimes by known undercover police officers, photos were taken with me on my cot and documented by staff and all the while I heard snide comments from the officers during the entire time.

Yet my own trial lawyers refused to see me and document this incident even when I called them and pleaded with them many times to bring a camera in and take pictures of all the bruises, for documentation. Even to use a cell phone camera as they brought their cellular phone in many times.

I still to this date have not received copies that I asked for under the Freedom of Information Act of those photos from VIRCC. They came in and took pictures of all the bruising I received.

I asked for copies of all my case files and any documents prior to being sent and filed in the courts so that I could review it for mistakes, but I was refused. It did not seem fair for me to deny my simple requests for disclosure by Mayland McKimm and Susan Wishart.

How many times have I asked my lawyers to get me a computer system, one that I would pay for myself so that I could make full answer and defence but, still to this day I have been deliberately ignored and denied this.

Favouritism as some inmates have computers in their cells and some like myself, do not. Our justice system is prejudicially unfair for all those incarcerated trying to get educated and pursue their legal pleadings.

Even when without counsels, I still am not allowed to have proper access to a computer with DVD ROM, scanner and burner to make timely replies and responses in the same format as the Crown does.

This is an appearance of unfairness.

I have also asked Crown but they have refused to disclose those brutal photos of the abuse I endured in their care and to allow discovery and DNA testing of exhibit items held by them.

My lawyers are seen as being rewarded for railroading me. I am a bit angry and feeling resentful that they deliberately suppressed the witness Dr. Donald Riley from me and my family. Dr. Riley scientifically excluded me from all the evidence at the crime scene!

It figures that they should be rewarded and promoted to being judges for this by our justice system and now the same system refuses to re open my case because it would put the justice system in disrepute if this suppression of DNA exclusion expert came out.

The proof of railroading is that I was never told of Dr. Donald Riley and only learned about him after writing to this expert when I discovered email correspondence in my case files from my counsels plus the fact that I still do not have a computer with a court order access to all my own case files.

They both have become judges and did not even have the professional courtesy to supply even a name for new counsel representation and to send me a letter and tell me about not being able to continue with my case.

The court registrar filed a 13.3 motion against Susan Wishart for not filing material for over a year in my defence on my appeal on length of sentence.

I am refused the right for a speedy trial and appeal! Had I not called the courts, I would have lost the opportunity again at asking for a reduction in sentence. Now, I have a reduction in sentence hearing on June 6, 2012. I do not expect much help from these newly assigned lawyers that were forced on me by Legal Aid.

Legal Aid asked who I would like to represent me and I said Mr. Philip Campbell out of Toronto, they said no to me and then assigned Mr. Edelmann to work on my case. Very frustrating and prejudiced justice system we have here where I cannot have my choice of counsel representation.

My first choice and correspondence in my appeals was with counsel Mr. Lockyer, in Toronto. He was candid with me and I respect the fact that he needed $240,000.00 as a retainer, and his fee would then be double the retainer when he was in the Supreme Court of Canada, and all was said and done.

Does anyone have the funds to help me, get a computer and cover the legal expenses of Mr. Lockyer, $480,000.00 plus private investigation collection of samples and further DNA testing?

My proposal: I will promise to pay back this in double when released.

Law is a business, I understand that but I did not have these funds. I contacted AIDWYC and they told me they may be able to help me after I lose my appeal in the Supreme Court of Canada.

So I ended up doing my own appeal without counsel assistance.

Legal aid even refused funding my requests to DNA test parties involved, they denied funding my appeals to re open my decided case, and refused to fund my appeal in the Supreme Court of Canada.

I chatted some with AIDWYC during my Supreme Court of Canada (SCC) appeal and was referred to Mr. Philip Campbell and Julie Santarossa who both tried to assist me to help file, write letters on my behalf to the SCC to ask for court appointed counsel representation as I was only a chef. Legal Aid denied this and so did the Registrar in the SCC.

So therefore, I was set up to fail in the courts.

Both Mayland McKimm and Susan Wishart (my trial counsels) knew that I was scientifically excluded. They had worked with Legal Aid to retain DNA expert Dr. Donald Riley, flew him in to Victoria airport, picked him up during my trial and never informed me about this expert and the new evidence he had and they did not have him testify on my behalf.

I am not barking at a tree and going on a wild goose chase. I have scientific proof from experts that the DNA found at the crime scene was not mine and the courts and jury had a right to know this.

Is this not wrong?

It is nice to have discovered the copies of the original correspondences in my case files. Looking at them herein, I silently scream and plead for the courts and to someone, anyone to help me.

Why does Mr. Walton not write about these suppressed letters of DNA exclusion?

What about these email notes that tells of the DNA expert retained that I found out after trial? So I sent out copies of them to the courts and anyone else who would listen to me. This proved that the expert was hidden from me, from the jury and the courts.

Had I known, I would have demanded he be placed on the stand for examination by me and Crown.

The jury had a right to know that I was scientifically DNA excluded!

After reading all these email letters again, I placed them into another new folder in my legal storage box in my room.

These letters are proof that my counsels knew I was excluded and innocent.

I contemplate putting another request to A&D (Admission and Discharge) to send this box out to my grandparents for safekeeping. As one never knows when suddenly, one is transferred and CSC mysteriously loses all your case files (in the landfill).

Reading the next paragraph on Paul Walton's biased article:

And the only word for the idea that Purdy's been framed is bizarre. It would require police to be protecting the real killer (whom he claims is the former boyfriend) and a conspiracy of such proportions that would require silence on the part of a lot of people.

Well, I think I made my case quite clear with the missing half hour of Payless Surveillance Video. As it can be proven to have been deliberately destroyed by Cst. Sorab Rupa, due to the fact that he had more knowledge in court on what was on the missing section being of deleted Duncan Payless Surveillance Video: Kelvin Purdy getting a newspaper just after 6:32:56 a.m. when he drives up in the blue explorer to the Payless front doors and then the video goes black.

I went out and got a newspaper and my first of two coffees and this was not on the produced video! I strongly believe that he deliberately deleted this video portion so as to deprive me of a sound proof of innocence and that is also why it was held and only disclosed late in the trial even after the judge ruled that it should be disclosed forthwith at my preliminary bail hearing and Crown was aware of the video but still took over a year for counsel to receive a copy of it but with a missing section.

The fact remains that I never disclosed the fact that I was buying a newspaper initially at the Duncan Payless Gas Station to anybody including Jennifer Whyte until after Cst. Rupa made this comment and 'spilt the beans' on what was on the video. As soon as he did this, I told my lawyer that Cst. Rupa was correct and the fact that I got a newspaper and the time was just after 6:32:56 a.m.

This was my ace in the hole, something I remember at my bail hearing that I stood up in court and pleaded with my hands outstretched to the judge to view the videotape that the RCMP and Crown had still refused to disclose to me because it contained my proof of innocence on it.

Had the judge been impartial, he would have allowed bail for myself and ordered my release forthwith whether the video was tampered with in light of the exculpatory evidence that was before him. I only wish that he had the insight to order a viewing of the video surveillance tape at that time.

Trial Transcript 1304

Sorab Rupa (for Crown) cross exam by Mr. McKimm

12 Q You became aware from Mr. Purdy's girlfriend, Ms.

13 Whyte, that he had advised her that he was at the

14 Payless Gas Station at the time of the crime in

15 February of 2004? That's a bit convoluted. But

16 you became aware in February of 2004 that Mr.

17 Purdy had told Ms. Whyte that he was at the

18 Payless Gas Station. Right?

19 A Buying a newspaper initially, yes.

20 Q Right. You didn't even look at the Payless video

21 until June of 2004?

22 A That's correct, My Lord.

Why not simplify this whole case and for the last time and prove no cross contamination occurred by any RCMP member by any person that attended the crime scene. I do not know whether Charles Panet is the killer, and whether he is and he had an accomplice due to the fact that there was two unknown male profiles according to the RCMP E division found at the murder scene and both I have been scientifically excluded from.

Maybe his story to the police a week after my arrest was true: that two men pulled up beside him in a pick up truck and told him he was next. If this were true, that would explain the fact of the two unknown male profiles at the crime scene, one on the purse and one on the knife sheath. The police would then be able to search the cameras in the area of this incident to locate the truck and new persons of interest.

To this day, the police refuse to DNA test the boyfriend (or his associates) and to charge him for lying about his alibi and with his mischief in his numerous false stories he told to the police. How many wrongful convictions have occurred because of the police not DNA testing alternative suspects for a possible match? From what I have read in the newspaper, many overturned convictions these days.

I do not even know whether the killer was one of Denise's past RCMP boyfriends... all I know is Denise dated a few people when I was living and working in Pemberton/Whistler from 2001 to 2002 including RCMP who I assumed were living in Nanaimo at the time. I don't know much about these affairs except that Denise sometimes joked about them and once actually threatened me by telling me she was getting her boyfriend to arrest me whether I moved back to Nanaimo (that threat came true). I remember several instances when I came from Pemberton to Nanaimo and saw Denise with another man. I still wonder whether he was married and/or her cop friend with benefits.

All I know is that the police favoured her and when I went to the police station and complained about her blatant court order breaches, and when I complained about her newest boyfriend abducting my daughter on a court scheduled visit, the police and the court judges favoured her in chambers.

It was shown by the court ordered documents that I was already being stripped of and losing my custody and access with my children and even my signature rights were stripped away by Denise's new counsel.

Documents show that my custody went from one hundred percent custody to fifty percent custody down to zero percent custody of my children. Furthermore, the visiting schedule was unfairly reduced from week on/week off to just a few weekends.

Even after judge Taylor said that a week was too long to be apart from the children he ruled in his orders that my fourth week I would not have access until the following week and so almost two weeks would go by according to his rulings where I had no access to my children.

Week one: Thursday 3:00 PM until Sunday 4:00 PM

Week two: Friday 3:00 PM until Sunday 4:00 PM

Week three: Thursday 3:00 PM until Sunday 4:00 PM

Week Four: no access.

This I felt was very unfair. I was now clearly denied access with my children from week three Sunday until week one Thursday that was eleven days.

This far exceeded the judges ruling that one week was excessively long to be apart from a child by either parent. He deliberately changed the equal and fair schedule from week on to week off to this one that my children did not even like as they preferred the week on/off routine better.

I was planning to appeal his prejudicially unfair ruling in the New Year after I received the court transcripts that I still have not received to date. Talk about an unfair process.

That judge that had sat in my divorce hearing and unfairly altered our agreed upon schedule was the same judge who sat at my bail hearing. I was not allowed to appeal my denied bail in the British Columbia Appeal Court.

Even when shown that Stephen Taylor, my past counsel had falsely created notarized documents from my sisters and presented them as legit in court! The same lawyer that the RCMP assigned me at the start when they ignored the fact that I had informed them that Watson Goepel and Maledy were my counsels.

The police even refused to disclose telephone messages from a lawyer my family had asked to intervene on my behalf when I was wrongfully detained.

And why frame Purdy? Like the alibi, we don't know. There is nothing I can see in this case that makes Purdy a victim of tunnel vision, poor forensic practices or bad police work that are the hallmarks of a wrongful conviction.

Let's look at my case again:

Police had me convicted from the start. They disregarded all the witnesses at the crime scene who identified a completely different person and who described a pick up truck leaving the crime scene. Because that evidence did not match their tunnel vision idea that I was the perpetrator. My Ford Explorer that was in Duncan at the time in question was in their eyes the subject vehicle.

The RCMP had a warrant for my arrest at the very onset of their investigation. Even before doing basic interviews with me and all witnesses to see whether I had a solid alibi, and seeing whether I matched the description told by witnesses, which I did not.

My proof of innocence: Jennifer Whyte saw me and told the police twice that I was in Duncan at 6:00 a.m. and the blue Explorer vehicle I was driving was and is clearly seen arriving at the Payless Gas Station at 6:32:55 a.m. That's my proof of innocence, being in another city and on video surveillance!

The police still to this day have never asked me about my alibi.

All the police ever did was yelling and accuse me repeatedly "Why did you do this?"

The police have never taken the neutral position.

Not one RCMP have even asked me: Did you do this? Who do you think did this? Where were you the morning of December 12, 2003?

These are all basic questions in any competent investigation.

Why did the police not do their job, call me, and ask me to come down for questioning and take my statement, DNA test everyone at the crime scene, follow up all the leads?

I would have gladly gone down, responded to questioning and even supplied my DNA for testing at that time. And when the tests would have come back not to match the culprit's profile, the police could have focused on alternative suspects. This is something that was never done in my case.

Therefore, tunnel vision occurred.

Instead, they concentrated one hundred per cent on a circumstantial case when the DNA was not tested until just before trial almost two years later, and turns out that it did not match myself, their alleged culprit.

DNA does not lie.

I was arrested and charged before any DNA testing on any of the items gathered at the crime scene, before even possible matches and scientific elimination to all the alleged suspects.

Wait a second, there were no other suspects. Not even the current boyfriend was on the RCMP list of culprits. Even though he deliberately lied about his alibi, and other mischief statements he made to the police and under oath. One clearly protects their own it seems here in Nanaimo.

Why keep me locked up when no items at the crime scene matched my profile and all DNA pointed to an entirely different person?

I've included names of all persons of interest at the back of this book in the DNA Scavenger Hunt.

The Nanaimo RCMP stole lots from me. Including my family and the $2030.00 and about six dollars in loose change, all the Christmas monies I had on myself. Cst. Turton Hollin's admitted to me over a VIRCC telephone conversation arranged by my institutional parole officer to taking my monies, wallet and keys and sending them to Vancouver for testing.

She even stated to me: "You won't need it where you are going." Yet, when I asked again for it to be returned, now the money went from $2036.00 in court chambers Susan Wishart said the Crown could only locate $36.00 of it and now after a white washed RCMP complaint I filed, it has gone down to a single $2.00 coin.

Theft is theft.

I worked hard for that money and it is sad to realize that some bad apples in Nanaimo RCMP force are thieves that have to steal from my poor kids mouths. I learned in court that Cst. Turton Hollins took my safe key and used it to unlock my safe without my permission and in getting a court order for this matter.

Now, family has informed me that my coin collection is gone and the $50,000.00 independently assessed value has disappeared. Cst. Turton even admitted to going back a second time and noticing several of the bills and coins had gone from my collection. All after she opened my personal safe without my authorization or a valid search warrant.

So, more evidence has again gone missing while in the care and protective custody of the Nanaimo RCMP. Had my money gone to my children, I would not have cared. This I have been told never happened.

Jennifer Whyte and family even admitted that we were going shopping in Victoria that weekend and we were leaving that morning. It was documented I had well over $2000.00 on my person.

Hell, I bought several presents in Nanaimo the day before on December 11, 2003, and I paid cash for a six foot artificial Christmas tree with fibre optic lights and it rotated and played music.

Now, the money I saved over the years in my safe for my Bed and Breakfast and the money in my wallet have all disappeared and been stolen from me while in the care of the RCMP while I have been detained.

I wish the Crown would disclose to me all the disciplinary records of all officers that were involved in my case especially to see whether any were ever alleged to be involved in theft, altering records and reprimanded and investigated in related matters.

I asked for all records of any RCMP officer that was involved in my case that was and were reprimanded yet still to this date, I have not received any disclosure from the Crown on this matter.

How many officers have been reprimanded for items going missing from their evidence lockers since December 12, 2003?

I still don't know. How many have been involved in wrongful convictions? Many of the same officers involved in my case, I know for a fact.

Looking at other wrongful convictions like Mr. Jim Driskell: 1991 Convicted 1st sentenced to life and yet DNA eliminated him as suspect at crime scene. Fresh investigation also uncovered a number of new facts, including confirmation that a key witness tried to recant their evidence and the revelation that witnesses were paid tens of thousands of dollars in exchange for their testimony which was new evidence 1993 Police internal review ordered to be made public. Then, March 3, 2005, Minister Irwin Cotler squashed 1st degree murder conviction, Crown filed a stay of proceedings terminating his prosecution.

Or for that matter Mr. Robert Baltovich: 1990 Convicted and sentenced to life but after a s.696.1 application, Bail was granted, March 2000, as new evidence to suggest that Baltovich was innocent and that the real perpetrator was Paul Bernardo.

What is very crucial and relevant in the defence case as many of these same Nanaimo RCMP officers were involved in 'tunnel vision' and police misconduct in another wrongful conviction: the Scott Mercer 2003 conviction that was overturned!

All because of the same faulty and shoddy Nanaimo RCMP investigation team involving many of the same RCMP investigators that were also involved my case and did not wear protective gear and did not investigate alternative suspects.

To date, the RCMP still refuses to disclose the disciplinary files of all the RMCP officers involved in my case.

Purdy's lost all his appeals and I have no expectation that a review of his case by the Attorney General will have any different outcome. Add up all the evidence, and we can see why a Jury found that it was beyond reasonable doubt that he killed Denise Purdy.

>> Contact columnist Paul Walton at PWalton@nanaimodailynews.com

or call 250 729 4246

Sure, with a jury full of ringers for Crown that included one of our neighbours that lived on LaSalle Road (where the murder occurred). The same street as us and who clearly did not like me. Always the sneer and prejudiced comment about my family behind my back, I always ignored.

Also, an RCMP member that lived next door to me when I lived on LaSalle with my wife, who I suspect and believed was sleeping with my ex wife... hard to call the police on him!

Funny that he also owned a dark pick up truck that may have been seen leaving the murder scene. But then again, I do not know for sure as Denise only told me that she was at one time seeing a cop, not which one. This was when I was living in Whistler, BC.

Maybe he was the one arguing with my ex wife as witnesses were telling police while Denise left her residence and went up the street. I don't know for sure, I just wish that he was DNA tested to rule him out scientifically, it only makes sense.

It is no wonder there were so many RCMP members involved in this case. whether they were covering for one of their own... Hey, Walton, your mind is like a parachute it only works when it is open.

Or how about the two other jury members that lived across from my mom and step dad who they knew fairly well. Jury members that did not like me. That is not fair or do you think it is?

All things considered, I wanted to have my trial in Vancouver, with an impartial jury, an equal amount of witnesses as the Crown put forward and my choice of counsels, not RCMP assigned counsels for me and RCMP obstruction of justice by their refusal to supply messages and names from counsels requesting contact with me while I was detained in their cells.

And all persons DNA tested that were recorded as being at the Nanaimo LaSalle Road crime scene on December 12, 2003, at the RCMP Duncan detachment on December 12, 2003, and December 13, 2003, any officer that entered my residence along with anyone that was involved in my case.

Mr. Walton is so sure, that the Attorney General would not look at DNA exclusionary evidence and re open this unjust case when a clear miscarriage of justice occurred with proof of scientific DNA exclusion. How impartial is this alleged reporter.

The exculpatory evidence presented by Dr. Dean Hildebrand and Dr. Donald Riley, taken at its highest, does demonstrate innocence, and there is a reasonable basis to conclude that a miscarriage of justice likely occurred and the Crown is/was aware of this exculpatory evidence before 2005 trial and yet still continued to conspire and pursue a continued wrongful conviction when the DNA profile of the culprit does not match mine.

The Crown continues to deny me, the defence full discovery and further testing of all materials and DNA, denies disclosure of RCMP disciplinary files and full proper access to all case files and materials held by CSC, so as to deny me my right to make full answer and defence.

This appearance of unfairness has been proven and the courts have all been informed of this but still their continued actions prove that they conspired to suppress the innocent with a wrongful conviction and denied truth finding and I am informed, in the eyes of the public, it puts the administration of justice in disrepute.

Members of the public and the present Conservative Government strongly agrees with me with their recent tough on crime legislations and tougher and harsher punishments for anyone unfortunate to be behind bars, they hold strong views regarding violence against women.

And even now Mr. Charles Panet is once again in the courts eyes for assaulting another one of his girlfriends.

There appears to be strong merit to my accusations of a conspiracy especially with unknown DNA not matching my profile, and being continuously denied disclosure and identity discovery by Crown and RCMP and denied proper computer system, my case files and denied the assistance of legal counsel does not show that I had a fair trial.

The conviction is and was unreasonable and unsupported by the evidence, an injustice likely occurred having regard to what is now known about the case, and there is an urgent need for intervention and a decision to be made for Humanitarian reasons and to avoid a blatant continued prejudice to myself.

The Supreme Court of Canada had the power to direct an acquittal, because the new evidence demonstrated that a continued verdict of guilt would be unreasonable or, in the exercise of its discretion, having regard to all of the circumstances.

Why did they not?

I believe that they are now protecting their newest appointed judges, my past counsel Mayland McKimm and Susan Wishart.

The evidence presented herein by Dr. Dean Hildebrand and Dr. Donald Riley, taken at its highest, does demonstrate innocence, and there is a reasonable basis to conclude that an injustice likely occurred and therefore shows merit in my case.

I was forcibly placed by Correctional Service Canada (CSC) into a Psychiatric Hospital without any assessments ever being done that lead the question being raised in of NCRMD (Not Criminally Responsible because of a Mental Disorder).

The British Columbia Court of Appeals ignored this avenue of defence and the Supreme Court of Canada ignored this crucial avenue of defence too.

This was raised to re open my closed case so that the DNA evidence of Dr. Dean Hildebrand and Dr. Donald Riley could be taken, accepted, and used by the courts. Without my case being re opened, these crucial exculpatory letters still cannot be used and are just yellowing and gathering dust in my room.

From what I have read in reputable newspapers, society does not commit and tolerate injustice by false facts especially RCMP falsifying evidence (Jennifer Whyte DNA profile sample miss labelled a blood smear); trial counsels suppressing DNA exculpatory evidence, appearance of ineffective assistance of trial counsels; RCMP deliberate tampering of evidence (loss and deletion of Duncan Payless video surveillance video evidence); witnesses admitting to perjury, RCMP members cross contaminating evidences, RCMP tunnel vision and suspects being denied discovery and adequate counsel representation which I was denied in many of my appeals including in the Supreme Court of Canada.

Repeating myself again, I am so very sorry.

In court, Cst. Sorab Rupa admitted that I bought a paper and coffee. So, therefore Mr. Rupa clearly had more knowledge than what was supplied to the defence and court on record and on the surveillance video tapes. Especially him knowing and confirming on record I got a newspaper at the Payless Gas Station in Duncan. That portion was mysteriously and I believe deliberately deleted by him from the videotape but, he erred because my initial arrival in Jennifer's vehicle at 6:32:55 a.m. and clearly seen at 6:32:58 a.m.

How does Mr. Walton explain this fact?

He can't.

This created a big problem for the Crown.

I clearly could not have been in Duncan at the time in question because with the distance from the murder in north Nanaimo, being an hours drive away and the incident occurring at 6:21 a.m., math shows that only twelve minutes passed and there is no possible way (except time travel) that it could have been me.

So, the RCMP had to delete this video to remove my only solid proof of innocence when they learned of it.

In response to further Crown disclosure being material dated August 29, 2011: It appears that there is a documented and recurring pattern of abuse toward women by Charles Wilson Panet. His latest victim has finally charged Mr. Panet with bodily harm contrary to Section 267(b) of the Criminal Code. Mr. Panet's court date was February 20, 2012, and trial expected to start on April 11, 2012, "Cst. JANSEN queried PANET on the Canadian Police Information Center which was negative. No criminal record for PANET and no pervious occurrences of violence noted on PRIME."

This search by Cst. JANSEN proves that the RCMP have deliberately deleted and altered their records of all of Mr. Panet's past abuses, police interviews, assaults, included are those records that were disclosed to the defence indicating abuse and assault in the form of choking to Ms. Dianna Chernoff who took the stand before he became involved with Denise Purdy.

This shows a recurring occurrence of spousal abuse by Mr. Panet.

With the new allegations against Mr. Panet, does this not open the door for the possibility that whether the jury had known this, they may have had an alternative decision and in the very least requested that this person be DNA tested for scientific elimination in a murder trial?

Check out on the internet Mr. Charles Wilson Panet at Nanaimo Law Courts, File number: 73618.1 K.

Trial counsels Mayland McKimm and Susan Wishart were seen by myself as negligent as they both clearly suppressed DNA exculpatory exclusion evidence which was evidence to the contrary in the scientific DNA identification of another suspect and the exclusion of myself.

I feel like I am just regurgitating the same facts and issues.

Some people have asked to read what were the points I tried to make to the Supreme Court of Canada, they are what some may describe as technical and legalistic.

Basically, the defence is required to raise a reasonable doubt and the identity raised reasonable doubt at the time of the offence by:

  1. Defence allowed to show inaccuracy to the Crowns case;

  2. Defence is always able to adduce evidence yet, this was clearly denied in the BC Court of Appeal when the identify of the suspect was identified to being not Mr. Purdy as he was scientifically eliminated by not one but two experts;

  3. The defence is supposed to be able to raise reasonable doubt to the essential elements to a case by being denied the court order for DNA testing of all people at the crime scene on December 12, 2003, to logically rule out cross contamination, severely impacted the ability to call a defence;

  4. The defence believes he has raised doubt into the integrity of the Crowns case and furthermore, doubt is believed raised into the essential elements, and when there is doubt it must go in favour to the accused;

  5. The failure of proof equals an acquittal;

Hey, in my case, there was a procedural error that was not corrected.

How can the Crown have disbelief of the accused version of the events...especially when the accused still has not had the opportunity to present his version of events?

I was not allowed to take the stand and tell my side. Where are the transcripts of the accused?

There are none, because I was denied the opportunity to talk and take the stand in my own defence.

Being denied the opportunity to attend my own appeal hearing on length of sentence also made my case unfair.

I applied under s.688 of the Criminal Code of Canada as was my right to attend in person. I was in custody and desired to be present at the hearing of the appeal.

The courts and all the justices being: Madam Justice Garson, Madam Justice A. MacKenzie and Honourable Mr. Justice Harris, clearly were prejudice by them when they ignored my request for physical attendance.

I wanted to take the stand during my trial but denied the opportunity by my counsels. I was denied the opportunity to sit with my counsels during my trial; instead, I was chained, manacled, and presumed guilty during the entire witch hunt and whitewashed trial.

For the prosecution to claim this case has no merit and a lack of exhaustive remedy is insufferably galling. That these issues should have been addressed in the BC Court of Appeals which has proven time and time again, to ignore the requests by myself, the Applicant which clearly puts the administration of justice into disrepute.

It is akin to plucking a man's eyes out and condemning him because he cannot see. I, the petitioner have always sought swift and effective administration of justice (R. v. Askov).

It has consistently been the misconduct of state, the courts, under the colour of law, which frustrated and deliberately prolonged its realization.

The bottom line is that I am not the perpetrator of this crime. Scientific DNA testing has truly eliminated me. According to our Canadian laws, when a suspect has been DNA excluded, the Crown's case is over.

Because of the rare scientific exclusion DNA evidence of every wrongful conviction case that has been overturned, countless reviews, and now is yet again DNA exclusion was before the courts but ignored. This makes it not a General Importance issue to all Canadians but really, one of National Importance.

Furthermore, the BC Appeals has agreed (2010 BCCA 413) that whether this suppression is true, as the emails herein indicates and letters by Dr. Donald Riley and Dr. Dean Hildebrand, it clearly raises some complex legal questions that can only be addressed in the SCC.

Now, because my two trial counsels Mayland McKimm and Susan Wishart are now judges and their judgements and decisions to suppress evidence in this trial and possibly other trials they have sat on affect the lives of everyday Canadians. It substantially raises questions in their professional conduct and I believe it changes the matter from General Importance to National Importance and someone like the Attorney General or the Minister of Justice should deal with this swiftly.

I have written this office to look into the grave matter that affects us all. Would you feel these new judges were acting fair after reading and learning about this?

I do not and never will.

I have wanted to sue these people but still, I cannot find a lawyer to take on this lawsuit. Nobody seems to want to go against judges.

Why?

There is I believe an error in Law and of professional conduct that was called into question. Prosecutors and my own trial counsels deliberately suppressed evidence by failing to disclose to me all the contents of their investigations.

Specifically, the DNA exclusion of myself, Kelvin Purdy by Dr. Donald Riley, Ph.D., and the identities and DNA profiles of all personal that attended the Nanaimo crime scene December 12, 2003, and who was in the secured bay in Duncan on December 12, 2003, and December 13, 2003?

I reiterate the following points. I have clearly shown the courts photographic evidence of RCMP members standing on bloody sidewalk and not wearing gloves and the required white bunny suit. The RCMP officers have been admitting all along that none of the other officers wore the required protective suits and that other officers searched the vehicle and could have left their DNA behind as the unknown male and female in the mix by cross contamination.

The national importance issues are many: withholding crucial DNA evidence from me, by my own trial counsels has affected the outcome by not allowing me the right to make full answer and defence.

There are professional and ethical errors on Crown and past defence counsels: denied discovery of key items withheld by Crown and RCMP (Jennifer Whyte's profile sample), denied and withheld case materials by CSC and Crown denied my ability to make full answer and defence, denied a computer system.

Christine Crossman the Crown's own DNA expert admitted that there was other male and female DNA present not belonging to Mr. Purdy and Mrs. Purdy. This was further corroborating proof of cross contamination (Transcripts pages 1538, 1522, 1533, 1534).

I believe that there was an error of law as new DNA exclusion evidence did not tie evidence at the crime scene and evidence inside the vehicle to me, the accused. It is problematic, it might have changed the outcome had further testing results of all parties identified were done.

To scientifically DNA test all people involved in the case for scientific elimination of innocent suspects... unless there was already a known police match found identifying cross contamination and so, this led to it being suppressed by the RMCP to get a conviction.

I am indebted, for a knowledge of those souls inside for their ways, to being ignored, ridiculed, tortured and fought against by Paul Walton, CSC, police, the courts, and even my own 'Counsels' and children who were used as a deliberate psychological tactic against me when fed a great deal of false and misleading information.

For fairness, all I have ever wanted was the scientific DNA testing and elimination off all persons involved in the case. That is why I have decided to include all the witnesses and RCMP members and judges that were involved in this case in the back of this book.

I just hope that someone (who has time, money) would investigate and DNA test all the persons of interest. The courts and police and Crown refuse to do this, therefore I believe they are all hiding something. Where is transparency? DNA matches or it does not.

That is a conspiracy in my mind, when those charged with protecting and fair justice are clearly suppressing the truth.

For that matter, Mr. Paul Walton did not even follow the courts BAN ON PUBLICATION orders for which under Section 539 (1) (b) of the Criminal Code of Canada it is quite clear in the taking of evidence of witnesses and orders restricting publication of evidence taken at preliminary inquiry shall not be published in any document or broadcast or transmitted in any way and furthermore Section 539 (1) (d) of the Criminal Code of Canada (C.C.C.) states that the BAN ON PUBLICATION but this ban continues on even after the preliminary hearings until the end of trial "if he or she is ordered to stand trial, the trial is ended."

Yet, to spite the ban, Mr. Walton prejudicially reported on this case almost daily in his supermarket tabloid since December 12, 2003.

This was in clear violation of the court ordered ban that did not lift until the conclusion of my trial, which according to the C.C.C. officially ended on November 25, 2005, at my sentencing.

With respect to disclosure of police disciplinary records by Crown. The issue was canvassed at trial and still is. It is the simple fact of the Crown refusing FULL DISCLOSURE to me. Crown has continually refused to submit these crucial RCMP files to the defence. Why not disclose all?

I, the defence have requested the withheld first party disclosure that includes any and all officers listed in this case that includes any and all pending criminal charges and all disciplinary proceedings and allegations of police misconduct and any DNA analysis results of any and all of those officers to rule out cross contamination.

This includes any and all those officers who have been under review for administrative discharge that were involved in my case.

I have shown the appeal courts many times photographic evidence taken by the Nanaimo Daily News Glen Olsen and published in their own newspaper of RCMP member Cst. Turton standing on a bloody sidewalk and not wearing gloves and the required white bunny suit and another officer squatting in the grass. Both could have left their DNA behind as the unknown male and female in the mix by cross contamination.

Why not rule these people out scientifically by DNA testing them instead of giving them a hall pass?

I have raised issues of non disclosure continuously at all of my appeals, and limited disclosure by Crown has been trickling in.

Being denied discovery and further testing of items held by the police and Crown still suppressing key fist party evidence that has been requested is not fair and so I was/am not allowed full answer and defence according to R. v. McNeil (2006) and R. v. Stinchcombe rulings.

In regards to RCMP misconduct, what about Nanaimo RCMP Cpl. Doug Hogg soliciting Mr. John Warner to do an illegal wire tap and call checking without a warrant which leads to question all the searches done by the RCMP in this investigation and whether the searches were done first before a warrant was issued and upon finding something 'fruitful' then obtaining the required search warrant to make their 'tunnel vision' and circumstantial case plausible.

Looking closely at the fact that all the witnesses' evidence canvassed by police clearly did not support the description of myself but did support the identifying characteristics of the current boyfriend Mr. Charles Panet who still has not been fully investigated, a police line up done with witnesses for identification, and the fact that his knives and vehicle were never DNA tested and photographed to date.

I have regurgitated these points so many times in this book to drive home the facts. I again also point out the appearance of prejudice that the Crown has failed to provide proper facilities to accommodate my appeals in the form of allowing me to purchase an inmate owned in cell computer system with a current operating system, DVD ROM, USB ports, a burner, scanner and printer.

Therefore, I am not able to view, read, watch, listen and to make copies for court and Crown that includes all the case materials received to date which frustrated my appeals and is a violation and breach according to R. v. Askov (1990) rulings and therefore denied my Charter right for full answer and defence.

Hey, I have offered to pay for an inmate owned computer system and programmes myself, is that wrong to ask to be treated fairly?

The Crown is allowed a computer system to fight for a conviction and flaunts its might by sending me DVD's and CD ROM's yet I do not have the tools at my disposal to access the materials they sent me.

How can I make copies of these and send back to lawyers and the courts in my defence without a DVD ROM Burner and a computer for that matter?

So when can I and other inmates have a computer system with DVD ROM burner, scanner and printer for fairness and equal fight for my rights and freedoms and fairness?

There is also professional and ethical errors on Crown and defence counsels, being the denied further discovery of key items withheld by Crown and RCMP (Jennifer Whyte's profile sample), and withheld case materials by CSC and Crown so further denies my ability to make full answer and defence in my appeals.

The BC appeal courts especially on transcripts March 8, 2010, led me to believe that they knew that I needed and required a computer system to help me in my appeal process. Their own transcribed statement (I had to pay for myself as Legal Aid and the courts refused to supply a complementary CD ROM copy of my transcripts to me) made by Madam Justice Huddart starting on page 13 line 46 "You'll need certainly the summer probably and at that point you may well need the computer."

Furthermore, Madam Justice Huddart later states starting on March 8, 2010, transcripts page 15 line 33, "if it's dismissed, that's when you should be asking for your computer and you will probably get it." R. v. Purdy, [2010] CA33639 Transcripts March 8, 2010, p.13 to 15.

Well, I have asked and still to this date have been prejudicially not been allowed to purchase a computer system for my appeals and further my educational needs.

Again, we have justices without jurisdiction (or balls to act) and instead I see it as she tramples and ignores my Charter rights.

Crown still sends me files on CD ROM and DVD that I am unable to access and review, this is clearly unfair. At least in pre trial I was allowed to purchase a PlayStation 2 and that had a DVD player but now here in Federal I am not allowed to use it even though I bought it at VIRCC and it was in my lawful possession when I was transferred to RRAC at Pacific Institution, RRAC.

It is very unfair for everyone incarcerated for that matter. Whatever inmates are allowed to purchase while incarcerated in any institution either Provincial and Federal we should be allowed to retain and use in our cells whether and whenever we are transferred from one institution to another.

The Commissioner Directives should be written to accommodate this unfair practice that is far overlooked all too often. Items allowed at a maximum Provincial institution should not pose any threat to security and persons in a Federal setting.

A solution could be that when an inmate in Federal custody becomes classified as a Medium inmate, he and she should be allowed forthwith all items that he and she was allowed while detained and those purchased in a Provincial institution and those cells and areas used for those purposes while awaiting any and all court hearings.

I get a letter from the Supreme Court of Canada.

I am denied counsel representation.

This was not fair. I am a Chef, not a lawyer and furthermore, two experts have agreed that I was not the suspect! Someone else was.

Another letter from the SCC. I win the first motion for length of time to apply to the SCC.

But, all other motions are denied in my appeal in the Supreme Court of Canada.

No counsel,

No computer,

No new DNA evidence will be looked at that proves my innocence.

I am shocked completely with our alleged fair justice legal system we have. It is only fair to those in authority and whether you have money.

I call AIDWYC and they ask for all my case files to be sent to the lawyers right away. All correspondences, everything. They agree to review my case.

As I had anticipated giving them everything anyways. I had hoped that counsel would be allowed and my case at least looked at. I made arrangements with family to send my documents to Toronto and to Julie Santarossa who had moved to:

381 Woodridge, Tecumsch, Ontario, N8N 3A7.

She assures me that AIDWYC will still help her with Philip Campbell in the review of my case files and a ministerial review application.

Going down to Admission and Discharge after my Supreme Court of Canada appeal, I was allowed to finally look at the seventeen boxes of legal materials, letters and newspaper articles that I have accumulated since day one of my incarceration. I sent all these out to my Grandparents here in Abbotsford to forward to AIDWYC (Association in Defence of the Wrongfully Convicted) the required court materials.

I come across my CAS file from Cornwall and keep it for review.

Strange that only this year, 2012, that I finally got to view all the CAS files for the first time. I noticed a lot of false statements that Dean Stanley entered and submitted to court and how he maliciously changed the court hearings to Ottawa and I was never informed of this. As I was only informed and allowed to attend the court hearings in Cornwall, Ontario.

Dean Stanley wrote:

28 11 92 p.c. from Mr. Purdy, stating that he was in agreement with the Society's application for Crown Wardship.

I did no such thing! I was contesting this and wanted to raise my daughter Amanda.

24 11 92 met with Mr. Purdy, who said that we wanted to consent to Crown wardship and he terminated the access with Amanda stating that he felt that it was in her best interest to be adopted.

Again, Dean Stanley lied about this and falsely said this. I never consented to terminating my visits. I was being denied visits by Dean Stanley as he set the times and dates, and they went from daily, to weekly then monthly.

Very frustrating for me. I gave him my work schedule and he always made sure that I had to make a choice and either missing work to visit my child and go to work. I ended up losing my job I had for three and a half years at Plastalene Ontario Inc. because I thought visiting my daughter was more important than working.

17 12 92 p.c. to Mr Leo Courville. Mr. Purdy's lawyer to inform him that his client is presently residing with Miss Girard.

I never moved back with Miss Kathleen Girard after my daughter was abducted by CAS and Mr. Stanley. What lies are these?

04 11 92 Court, adjourned, pre trial date set for November 30, 1992 in Ottawa at court room = 22 for 1:30 p.m.

30 11 92 Pre trial ruled in Society's favour.

Of course it was, as I was not allowed to attend court and argue my case. Dean Stanley changed the venue to Ottawa so that I could not attend.

Instead, I learned that Julie Schmitz had arranged and it appears to me in the registered meetings that she coerced with Dean Stanley to adopt my child initially immediately after their first contact with Amanda as a temporary foster care provider. They both had no thoughts to help me; neither visited me, nor checked my residence and neither of them offered to help me in any way, financially and offered to me support groups on raising my only child.

I am upset over this turn of events, but chatting with my mom Helen Purdy and dad Dean Purdy, I believe that Julie Schmitz did a good job of raising my daughter, however. Speaking with her over the last few years, I do believe that she was a good mother to my daughter. But, I still believe that I should have been a part of Amanda's upbringing and not discarded and ignored.

Dean Stanley's Reassessment dated 10 09 92

It is my opinion that Kathy and Kelvin are attempting to offer separate plans of care for Amanda in order to increase their chances of getting Amanda back. It is further my impression that Kelvin's reasons for wanting to gain custody of Amanda is to ensure him of a certain level of control in his relationship with Kathleen. I do not believe that either Kathleen or Kelvin are capable of providing appropriate long term care to Amanda.

I was clearly separated and newly married to my wife Denise Purdy who was pregnant with my daughter Stephanie Purdy. I had my own two bedroom residence, stocked fridge and finances were paid and had lots of support including my biological father Hal Perkins, biological mother Leona (Zerke) Whiting, Aunt Cathy Tait and Duncan Tait and other family members. Not one was interviewed by CAS. Nobody came to visit me and check out my new residence since they took my child.

Nobody at CAS and the court Justice had asked me my plans. Whether there were any changes in my circumstances, family and new support.

I planned to move to Dryden, to get re acquainted with my biological father Hal Perkins and then move to British Columbia to do the same with my biological mother Leona Zirke and her family, like my Aunt Cathy and Uncle Duncan, Tony, Tylan, Tyson, Barbra and Dave, Lindsay and Mandy.

Getting married was a large change in circumstance!

All my families wanted my new marriage to succeed and wished to help in helping me with my daughter Amanda. When court started I was single and my plan was to raise Amanda myself. Over the months, I got married and the plan changed to Denise and I raising Amanda and our expecting child Stephanie. All the while, there were immigration issues with getting Denise into Canada that made things challenging.

There were many trips to the Dominican Republic, nearly every two months and numerous doctor visits during her pregnancy that I paid for all the while supporting her and myself in our separate two residences, one in Santiago, Dominican Republic and one in Cornwall until Denise and Stephanie were issued Visas and arrived in Canada.

Finding and reuniting with my biological family was a large change in circumstance too. CAS did not care to inquire. Instead, Dean Stanley wrote false reports on what he thought the courts would like to see to get the Schmitz their adoption order for my daughter Amanda.

Every report I have read states from him on how he helped and sent workers to Kathleen Girard. Not one mention on a social worker sent to my residence. I had separate residences and was married. My wife, wanted to raise Amanda but her voice was ignored by Dean Stanley.

Even today, CAS refuses to give me non identifying information on my daughter Amanda. They have refused to arrange us to meet, to even exchange real last names. My daughter found and contacted Peter Warren and contacted me while I am detained in jail and still, CAS refuses to disclose the full files to me. It took a court order and my counsels to become judges to get this disclosure.

I even asked CAS for full disclosure on my biological brother Lawrence Michael Perkins. He was born in Dryden and is a year younger than me. Why not reunite me with my brother? Why not allow me to write to him and him to me?

Does not a biological brother deserve to know this from CAS? Should we both not have been kept together instead of separated during the CAS adoption process while in their care?

I suffered a lot while in CAS care, I will write more in another memoirs. My dad Hal Perkins tells me he got a job at the mill in Dryden right after being without work for a year. He tried to get us both back but CAS refused to allow him an appeal on his case.

CAS is still operating the same way today, with forged documents and non disclosure policies on siblings and biological families.

When will their policies ever change?

How many other lives this Dean Stanley ruined?

I still remember in court, Dean Stanley, the CAS representative holding up my file and shaking it, nothing inside. No reports and assessments were done and written about me and the countless trips I had been sent on and driven to Ottawa to partake in. All without any monetary compensation for gas, expenses.

Nobody at CAS could provide one financial statement and father child interview and assessment that CAS grilled me on and made me participate in at their centres. No lists of the countless interviews in Ottawa, and in the Cornwall CAS office. Nothing visible in my entire file. Why was it empty? This I felt let down and should not be penalized for.

At no time in 1992 did CAS try to introduce preventive services such as Red Cross, Teaching Homemaker Services, S.D.&G Development Services and CAS ever once come to visit me at my residence after I moved out and separated from Kathleen Girard. Not prior to, and after the apprehension of Amanda did Dean Stanley, service worker ever talk to me at my residence, and have involvement with me except when I spoke to him when Amanda was late arriving and had to leave early from the limited visits they provided me with.

So, whether there is nothing in the file at that time, and I have not been to see them since, why did Crown get a whole file with paperwork pre dated from the date of the court custody hearing from CAS after court for my trial in 2005?

Dean Stanley, the CAS representative I felt deliberately lied to the custody judge in Cornwall, Ontario so that he would get a favourable ruling to abduct my child legally because the family taking care of Amanda at that time wanted to adopt her too.

I learned afterward, that the temporary custody family had wanted full custody since the start of this event. Even my lawyer at the time told me that I was not allowed to appeal the custody hearing yet; the CAS notes indicated I had a right to appeal this custody hearing. Legal aid lawyers railroaded me at that time, and now again during my trial.

April 25, 2012, finished the High Intensity Programme, graduation today. Not much to say except that my feelings are in the Green.

I am always happy, upbeat and very optimistic that one day I will get out. I just do not know when and how. I pray for a miracle and that the courts will revisit this case and realize that an injustice has occurred and remedy it.

Then, I take the practical side too and realize I may sit here until my parole dates (or likely later) and continue with my daily routines. Time will tell.

May 14, 2012, I filed my own Application for an order for attendance of a prisoner in person pursuant to s.688 C.C.C. This motion was sworn by R. Windover, the Commissioner for taking Affidavits in the Province of British Columbia. It states "Where the right of appellant to attend Pursuant to s.688 C.C.C. (1) Subject to subsection (2), an appellant who is in custody is entitled, if he desires, to be present at the hearing of the appeal."

I realized that the counsel assigned by Legal Aid was not going to help me, as he did not even interview me prior to filing any papers with the court. I never received copies of what he filed and so, I felt that I needed to be present to hear the arguments and make sure that the programmes that I did were raised, the post sentence reports were brought up, the unfairness of being housed in a Psychiatric Facility against my wishes were brought up and ask once again for a computer system to help me and most important of all to bring up the fact of the initial Federal Custody Report.

The law is very clear in that if there is a discrepancy in sentences. The lesser of the two will be accepted.

Murder 25 years was less than Life 19 as it had a final Warrant Expiry Date of 2030.11.24.

All valid points that I believe were never raised at my appeals and on length of sentence.
May 14, 2012

Jennifer Godwin, Ellis (Lawyer)

Peter Edelmann Lawyer

Edelmann & Co. Law Offices

905.207 West Hastings Street,

Vancouver, B.C.,

V6B 1H7

Enclosed you will find the following:

  1. Application for an order for attendance of a prisoner IN PERSON on 6 June 2012

  2. Federal Custody Report dated 25 November 2005 (issued to Mr. Purdy on first day of federal sentence with Final Warrant Expiry Date set at 2030.11.24, Statutory Release Date 2022.07.25, Full Parole Possible Date 2014.03.25, Day Parole Possible date 2013.09.25 and Unescorted Temporary Absence Date 2010.01.23) Cruel and Unusual punishment to issue this to Mr. Purdy then at the dates refuse to submit him to the parole board and sentence management justify it by increase previously assigned dates.

  3. Transcript CA35316 DNA WARRANT APPLICATION July 3, 2007

  4. Transcript CA33639 January 12, 2009

  5. Transcript CA33639 March 8, 2010

  6. Transcript CA33639 June 9, 2010

  7. Transcript CA33639 September 13, 2010

  8. 2003/12/12 Photos of Blue Explorer driven by Mr. Purdy arriving at Payless Gas Station at 6:32:55 and 6:32:58 and unknown suspect wearing 'Tilley hat' at 7:26:14 wearing dark stained clothing that matches description witnesses gave police that is not Mr. Purdy.

  9. Letter of Dr. Donald E. Riley excluding my profile from evidence at the crime scene. This was the first time that I was aware an expert was available in my case and had excluded me! The jury had a right to know this and my 'counsels' suppressed this exculpatory evidence!!!

  10. ICPM Multi Target Program High Intensity 2012 04 26 completed (assigned programmes)

  11. SOI Institute Newcastle College 13 September 2007, completed (Education)

  12. Certificate of Appreciation Volunteer Appreciation Event 21 April 2012

  13. Certificate of Appreciation Volunteer Appreciation Event 16 April 2011

  14. The Alpha Course Spring 2008

  15. Prison Fellowship Canada Christmas Card Competition 2007

  16. The Alpha Course Fall 2006

  17. The Alpha Course Spring 2006

  18. Breaking Barriers Program Vancouver Island Regional Correctional Center 9 March 2004

  19. Respectful Relationships Vancouver Island Regional Correctional Center 13 February 2004

  20. Falsified and forged letter created by Stephen Taylor Law Office 501 Stewart Avenue, Nanaimo, BC, V9S 4C8 and submitted by Stephen Taylor at my first (and only) bail hearing that was denied. This was very unprofessional and unethical conduct on the part of my original counsel.

  21. Signatures of Jennifer Purdy, Laura Purdy and Elizabeth Purdy that clearly show their original signatures and verbal confirmation that they did not sign this forged court document.

Kelvin Purdy

See you in court on June 6, 2012.
May 23, 2012, letter arrived from Peter Edelmann, as he was assigned by Legal Aid after I was granted counsel for length of sentence arguments.

Strange that I already filed my own arguments, waited several months for the Crown to respond, and they did not. So I complained to the courts on this.

I was now prejudicially not allowed to attend my own appeal on length of sentence.

I called and asked for copies of all the transcripts on my length of sentence but still to this date, I have not received them yet.

Entering the unit, sometimes the sweat, puke, body odour, feces, urine, was overpowered by the smell of hash and stale tobacco in the hallways. Some days more than others. I've quit since 1995 when Stephanie was a year old.

Even years after the Federal system has allegedly gone 'no smoking' yet, the smoke still blows across from where officers smoke in the parking lot while still on CSC site and Federal land. It is sad that the guards and staff are allowed to take breaks and go outside and have a smoke. All without leaving the Federal site and furthermore, have a union designated smoking area just beyond the gate which is still on CSC prison land and yet, prisoners are not allowed to go outside to the field to smoke and have the same and similar designated smoking area.

But, CSC bends the rules to suit themselves and their Unions. The union members further like to incite us prisoners by placing union stickers with officers in full riot gear all along the walkways and fences that we pass and use daily.

When we question this practice, we are told that it is directed at the Treasury Board and contract negotiations and not us. Right.

Talk about one sided justice, it is no wonder the tension is slowly building inside these walls as services, canteen items, and cell effects are reduced and eliminated like computers, and increases are not permitted for allowable personal cell effects due to cost of living increases and costs of items.

We are now no longer allowed to support the local community. We were spending our own money on Fund Raiser Hot Food drives from the local community and spending thousands of dollars per hot food order. We had, up until this year, been allowed hot food orders and the opportunity to give back to the community and maintain public and local support for the Institution(s).

But all has now been denied to us by Mr. Vic Toews and the Warden here at Pacific Institution and the Conservatives. Local businesses are now suffering because of this new vindictive prejudice practice now imposed on us by the Harper Government.

How would your profit line look when suddenly a few thousand dollars were removed monthly?

Shame on all of you for denying prisoners the opportunity to help support their local community with their own monies.

The rules should also be changed for allowing inmates to have Playstation 2's and Playstation 3's and return the purchase of in cell computer systems, as they are like a babysitter for the guards.

Without these, convicts look for other forms of entertainment and end up fighting each other or assaulting the staff. Past Governments realized this and so allowed computers and game systems into the Federal system and the assault rates went down.

Yet, the Conservative Government and CSC refuses to allow us to move forward with the times. Instead, we move vindictively backward, services and functions are deliberately reduced, hobbies and recreational programmes are cut, and we get closer and closer to an American prison system that led to riots in past years here in Canada.

In that past, officers were being beaten and killed until someone listened and decided that to keep costs low, and re integrate inmates, allow them to purchase and have items and services that are available to the general public like computers, personal clothing, and game systems. Increase the allowed cell effects.

CSC promises to allow prisoners the same services and materials as are available to the general public.

Why the regression and deny us those past promises?

The USA prisons are more progressive now and in line with technology than we are. Prisoners in the USA are allowed to use email, have their own computers and access the internet for school, research and recreation. It is easy monitoring for their Corrections as they can more easily access and use information that the prisoners supply them with while being aware that they are being monitored.

Trust is a two way street. Even for prisoners, if an inmate can learn to trust in here, he may be able to trust the parole services, professionals and moreover trust in themselves and not come back.

That is the whole purpose of the Commissioner Directives, to abide by rules for the welfare and safe running of institutions and those incarcerated and those working there.

June 6, 2012, denied to attend my own appeal in Vancouver even after making it quite clear that if I was not present, I did not want counsel representation of Edelmann & Co.

Again, I am denied my choice of counsel by legal aid.

Frustrating to say the least.

I am not allowed to be present for my appeals, even when I told the Registrar this and I instructed that I be, and also wrote and told counsel that if I was not, I do not need them that they were fired.

Still, counsels deliberately ignored my instructions, denied me the opportunity to be present for my own appeals, denied getting me a computer and so they were fired.

Counsel still had the gall to ignore this request and instruction and argue in court even after being fired by myself.

In addition, the appeal courts of British Columbia and Registrar knew my wishes to attend in person on June 6, 2012, pursuant to s.688 C.C.C. for my appeal on length of sentence file CA033639 that was Court of Appeal stamped REGISTRY, Vancouver Court on May 23, 2012, and still let them get away with this denied right to be present for court.

The bottom line, in Canada, you no longer have the right to attend your own court in person pursuant to s.688 C.C.C.

So why have rules if the courts and lawyers don't follow them?

Talk about clear prejudice by the British Columbia Appeal Courts in my case CA033639.

I am angry and upset over the unfairness of this all.

Who would not be?

June 15, 2012, a happy mail surprise. I received a letter and card from my kids Stephanie and Kimberly in a Father's day card with their photos too. Boy have they grown these last few years into two beautiful daughters just like their mother.

Going outside, I notice the birds chirping gaily among the leaves around the chapel doors. I visited Fr. Joe Ostopowich and show him my kid's photos and let him know that I am now working on a motion to lift the no contact order imposed on me unfairly by the courts.

Being part of my treatment team, I ask for support for ETA's so I can visit my grandparents here in Abbotsford and later, some shops for hobby supplies and music. He tells me he will send an email of support. I thank him for that.

June 17, 2012, well it is back to work on my detailed release plans and Re integration Plans starting with a name search and registration of a Sole Proprietorship: SyFy Industries Canada.

To sum up my company, this is my manufacturing stained glass, hanger rentals, future Bed and Breakfast, prototyping, research and development and most importantly, private investigations.

Now, I can continue to work on creating a customer base and stockpile of my artwork in the afternoons and evenings at the hobby shop and work on my books in the mornings.

I'll try to work on a logo for the next few days.

Samuel Johnson: Great works are performed, not by strength, but perseverance.

August 10, 2012, Prisoner's Justice Day.

Hunger strike, so I did not eat all day, just like every year on this date. Tweaked my logo design for my bed and breakfast dream.

I decide to work more on rewriting my book and cover I have titled Overlooked. This has been ongoing daily diary entries since the first day of my incarceration.

My title page is done, I hope... a few more tweaks.

Over the phone, family likes the copies that I have sent them. I prefer the more neutral ones and will do the more graphic purse as a cover jacket for the hard cover edition when I am released. I still have a lot of editing to do with this.

Going over the pamphlet making its inside round this day as I partake in the hunger strike, I read:

Prison Justice Day

On August 10, 1974, Edward Nalon died in a segregation cell in the maximum security prison at Millhaven in Ontario. Eddie died from lack of treatment after he had slashed himself to protest the conditions he and his comrades faced in solitary. The emergency call buttons that alert the authorities if there is a problem, had been disconnected by the guards. Following the inquest into his death, the jury made the following recommendations:

Correctional staff be trained in emergency first aid; that the prisoner is informed in writing when their status changes regarding internal/external transfer; that medical practitioner's recommendations regarding a prisoners emotional or physical state go to the Segregation Review Board; that he emergency signal systems in each cell be made functional and regular range patrols be carried out.

On May 21, 1976, Robert Landers suffered a heart attack and died in the same segregation unit at Millhaven. Rapid medical attention could have saved his life, except there would be no medical attention available, as the emergency call buttons had still not been repaired.

As a prison organizer, the death in segregation of Bobbie Landers was of particular significance. In his case, segregation was used as a means of breaking up any organization among prisoners. In fact:

"Called to testify at the inquest into Bobby Landers death, the warden of the institution said in effect that the punishment had been intended to stop the victim from getting prisoners' rights respected." (Luc Gosslin, Les penitenciers: un systeme a abattre. Ed. Cooperatives Albert St Martin, p. 27)

In 1976, a call went out from the prisoners at Millhaven for a 24 hour hunger strike on August 10th to commemorate the deaths of Eddie Nalon and Bobbie Landers; and in remembrance of all brothers and sisters from prisons across the country that died in the hands of an apathetic prison system. The prisoners denounced the Millhaven administration, the Canadian Penitentiary Service and members of the Canadian Parliament for their continuing indifference to the jury's recommendations made two years earlier.

Their statement ended with these words:

"We call upon our Brothers and Sisters from all prisons across the country, and upon all concerned peoples of Canada, to give their support to our one day hunger strike in remembrance of our comrades and to UNITE AS ONE VOICE IN OUR STRUGGLE for better understanding... compassion and EQUAL JUSTICE FOR ALL."

For the reported year of 2008/2009:

65 Federal prisoners died in custody and 89 died out of custody. 32 Provincial prisoners died in custody and 20 died out of custody.

With this statistics, that's 206 prisoner deaths, per year and this equates to four deaths per week. Yes, crazy, yet I've attended a lot of remembrances in the chapel these past nine years.

This should be a national holiday. A national remembrance for those indigent, behind bars, some innocent and unfairly detained and somewhere they do belong but, all have one thing in common, they died behind bars.

It isn't true to say that convicts live like animals: animals have more room to move around., Mario Vargas Llosa, The Real Life of Alejandro Mayta.

Prison Justice Day is...

...August 10th, the day prisoners have set aside as a day to fast and for some to refuse to work in a show of solidarity to remember those who have died unnecessarily, victims of murder, suicide and neglect.

...the day when organizations and individuals in the community hold demonstrations, vigils, worship services and other events in common resistance with prisoners.

...the day to raise issue with the fact that a very high rate of women are in prison for protecting themselves against their abusers. This makes it obvious that the legal system does not protect women who suffer violence at the hands of their partners.

... is the day to remember that there are a disproportionate number of Natives, Afro Americans, other minorities and marginalized people in prisons. Prisons are the ultimate form of oppression against struggles of recognition and self determination.

...the day to raise public awareness of the demands made by prisoners to change the criminal justice system and the brutal and inhumane conditions that lead to so many prison deaths.

... the day to oppose prison violence, police violence, and violence against women and children.

... the day to publicize that, in their fight for freedom and equality, the actions of many political prisoners have been criminalized by government. As a result, there are false claims that there are no political prisoners in North American prisons.

...the day to raise public awareness of the economic and social costs of a system of criminal justice which punishes for revenge. If there is ever to be social justice, it will only come about using a model of healing justice, connecting people to the crimes and helping offenders take responsibility for their actions.

... the day to renew the struggle for HIV/AIDS education, prevention and treatment in prison.

... the day to remind people that the criminal justice system and the psychiatric system are mutually reinforcing methods that the state uses to control human beings. There is a lot of brutality by staff committed in the name of treatment. Moreover, many deaths in the psych prisons remain non investigated.

Prison Justice Day Committee

P.O. Box 78005,1755 East Broadway, Vancouver, British Columbia, V5N 5W1

Flipping over my memoirs and legal files, I had a front cover photo of the purse from the crime scene and it had a blood smear on it. I realized it was too graphic and I needed something more neutral.

I have now settled on a DNA strand and reversed the image to give it more light as it was on a dark black background before, and used up a lot of ink in the printer during the test cover sheets.

I like it, and that is all that matters.

DNA, most people know what it is and looks like.

September 6, 2012, today is day 3191. Yep, everyday I do the same thing. I wake up around 6:00 a.m., shaking the feelings of sleep that cling to my body, turn on the TV, and listen to the music channel for a little bit and sometimes watch the grey shadows outside burst forth in colour with the rising sun. Then, at around 7:00 a.m., I get up in my 70 square foot room and use the cold metal toilet to relieve myself.

Hurriedly, I slip on my plastic bone colour slippers, a cool break between the cold hard cement floors. I take off yesterday's underwear and socks and exchange them for a new pair but place them on my plastic grey chair. Slipping on my blue bathrobe instead, wrapping it around me to keep the chill at bay.

A beep echoes down the hallway and soon, like clockwork, the guards walk by and shine their blue light at me, every hour it is the same, sometimes twice. Plucking my toothbrush (I buy a new one on the first canteen of every month), I put a little less than a squeeze of Crest 3D toothpaste on my brush, and for the next few minutes brush my teeth and assess my new day. While brushing, I rub out the red dry erase numbers on my mirror above my sink, erasing the zero in 3190 and replace it with a one to make it 3191.

Glancing at the rest of the mirror, I see the few dollars that I have in my account $53.10 and realize that after paying for the social the $5.00 per person, it will deplete my funds even more.

I charge $100.00 per foot for my stained glass work and have told people that I do this at half price from $200.00 per foot, I have a few back orders. I need contracts with money up front. I hope my Grandparents can scrounge up some sales for my hobby items on Craig's list and another site like Angies List. One can only pray.

I need to find a way to make more money inside, and that may be only through hobbies. I am loath to ask family for funds and always feel bad when they happen to send me money. It is just me, but I would rather that they spend it on themselves and give it to my needy indigent kids.

Writing, I will work more on my other stories and submitting them to publishers but, those funds are very hard to break into especially with the high calibre of writers vying for those same contracts. I think my only luck in this would be to finish my memoir Overlooked, to get my name out as a published eBook author and maybe then, get sales for other books listed in the back of my story.

My next book will be called Look and will cover my birth to the day before I was arrested. The monies raised on memoirs I could use for private investigation and lawyers. I have a plan.

This is the plan that I am now working on and feel confident on. I can still do my hobbies and with that organize my thoughts on my future stories and books for some sort of residual income for my family.

I am doing what I tell people. You are never given a wish without also being given the power to make it come true, you may have to work for it however with a little hard work.

Teeth now brushed, I slip my bottle of Christmas Olay body wash that I purchased into my robe. It doubles as soap, shampoo and conditioner as those I would have to pay for too. The limited funds I need to put on my phone card and buy some stamps for mailings. Thinking of the legal motion I filed a week ago. I needed to get the no contact order lifted that was unfairly imposed between me and my two youngest kids.

Thankfully, my biological mom Leona Whiting has agreed to add her name as a guardian for the custody of my kids and that should make visits with them a reality soon if granted. Then I can write and they will be able to visit me for some reconciliation.

The doors are not cracked yet, but they will sometime after 7:00 a.m. and only when the count clears, minutes tick by and bye.

My world is sometimes one without sleep, without love, and without companionship. I am waiting for some kind of magick (yes, with a k) occult to bring me the one destined by for one another. My search for true love has moved me in full circle from tranquil, untroubled, gratified, contentment, tears, sorrow, anger, frustration, hopefulness and back to happiness.

I remember that Denise who I thought was my true love, turned out to be just a friend after just ten years of marriage, we went our separate ways.

Again, we rarely argued, we did have some slight contretemps at our work, but always found a way to compromise and both of us made sure our kids had food, roof and were tucked in each evening.

Looking around my cell, I cast my eyes on the red cedar wooden medicine box and relive the hours spent cutting the planks by hand, sanding, shaping, and making planks from a block of wood. The gluing, then drawing, wood burning, wood staining, and polishing to make a box 20" x 10" x 13" that now rests beside my bed and acts also as a table for my book at night. The two metal pewter hinges keep the lid in place and two red tassels flow from the two front corners of the lid.

I remember wood burning the wolves, eagles, fish, apple tree, stag, dolphin, polar bear, waves and ant colony and sun in West Coast native style and the moon in Eastern art style with a witch in the clouds dancing with two wands all around and on top of my medicine box.

I decided to carve runes across the edges and inside, Egyptian Hieroglyphs a poem: "Raise yourself, you have not died; your life force will dwell with you forever."

Above the box is my window, facing the open track field and tennis courts. Three triangular bars vertically remind me of my location. My one pot, an aloe plant dark green and large with some lemon mint shooting vines. An origami dove is suspended by some red sweede string.

My Buddhist flags blow gently among the open window that I only close during rainfall. My yearly calendar on the wall tacked between my mirror and window; counting the days, I have been unfairly detained and separated from my family.

There is a social marked for the September 15, 2012. I have asked my aunt Cathy Tait and Uncle Duncan Tait to attend, my fingers are crossed as they are a welcome sight for my sore eyes.

My bed, I make wrapping the two sheets tight and blanket. Fluffing the pillow with the pillowcase, I made a few years ago, oxblood red with Snooker pool table, balls and pool cues. I fold and place my blanket at the foot of the bed. I miss playing pool.

Moments later, the doors buzz open. I go to the showers, and minutes later return refreshed. Breakfast is served at each of our named spots.

Compared to other ranges, we are more organized on this range, we have put our names at our table spots so nobody goes without breakfast if they don't get up.

Today, I get three small containers of jam, peanut butter and butter and a bag of sugar to last me the next eight days. Every day two cells get the daily rations. There are sixteen cells per range and so things seem to work smoothly with this arrangement. Back to my room, I change into my underwear, institutional jeans and blue shirt, put on some old spice deodorant (I don't like any other brands), socks and institutional shoes.

I take the letters I wrote last evening and put them in the mail. One M2/W2 thank you letter to Wayne Northey for the Johnny Appleseed song (grace) and one to my BFF pen pals that I've been writing for the last few years. Coming back, I tidy up my desk, papers litter the top and drive me nuts. I like to have my desk semi organized.

I have two shelves above the desk, cold metal but stacked on the top are my book club books. A selection to say the least.

Then below is my current custody file, then pencil crayons and my autoCAD 0.5 supplies (pencil case with rulers, pencils, pens and calculator), empty envelopes and pre addressed letters, extra stamps all to be mailed and my rotation of notes and loose leaf paperwork that I sort each weekend. At the end are a few hobby order books and ITF (Inmate Transfer of Funds) forms.

Beside my desk is the door, a blue yoga mat, and some shelves for clothes on the other side at the foot of the bed. I have all my legal boxes (2) on top, my clothes folded military style (even my socks are folded, rolled that way) and underwear folded, shirts are all 6"x6" squares and stacked nicely.

I have a shelf for my canteen items and then another for a Play station One that I use as my CD player hooked up to my 15" LCD TV. A box of CD's, games, and court discs are ready on the bottom shelf. I also have a box of three ringed binders on the floor that I use to put all letters, legal, photos, notes, creative writing, schoolwork, M2/W2 folders, hobby photos and ideas into. When this is full, I will send to my Grandmother as I did earlier this year.

Beside to the left of the metal sliding door, chipped peach in colour is my cork board. My four clear plastic page protectors (legal size) thumb tacked:

1) Hobby Craft Permit and effects sheets;

2) Copies for my two Oakley glasses of Optometrist Dr. prescriptions, one are for reading, the other with interchangeable red iridium day and orange night lenses;

3) Offender Personal Property Record and Cell Effects sheets, with Religious exempt list and a current list for our book club books;

4) A copy of the Minister for Public Safety Federal Custody Report, two letters of DNA exclusion (Dr. Dean Hildebrand and Dr. Donald Riley), ETA request receipts, current IPO request and updated parole plan.

Looking back above my desk, the top row of books from left to right: Spanish Dictionary, Le Robert + Collins dictionaire poche, Oxford Thesaurus, Sun Tzu Art of War, Pagan Book of Days, Handbook for Writers, The Future in Fiction, The Dhammapada, a mixture of 3.5" discs for school, legal, M2/W2 Group, Chapel Group (songbook, Christmas songbook, library book list), Book Club Group, Hobby Shop Group, Inmate Committee, Lifer's Group and my creative writing and written books pending publication that I have printed and put on my shelf.

I seem to be involved in many groups.

Under the desk shelves are some photos of family, pen pal friends, my incense and lighter permit with incense and lighter, a Stop Harper stop sign I made. Beside the desk is my CSC winter jacket with my name monogrammed on the collar, two white laundry bags (one for whites, the other colours).

Beside my TV at the foot of the bed is my chess in a tube (two extra queens for playing Chinese chess, my plastic fan and a Babolat tennis racquet with three tubes of balls, two water bottles (reused from plastic pop bottles), my plastic coffee mug (I've had since pre trial for the last nearly nine years),

Soon, I will clean house again and send the rest of my legal stuff out and just about everything else too. Just before, I apply move to William Head Institution.

I hope that will be later this year. Time will tell. Now, 9:00 a.m. and the announcement "movement time, movement time," is female squawked over the intercom (PA).

Off to school I go, hopefully a seat and a computer is available for me to use today. If not, I'll go to the library and find some case files to read, look over the magazines and see whether any new releases in science fiction are out. I still have a few books left that I am reading in my room.

Success, not many students in school today so, I get to use a computer.

Thinking of books, I decide to open and print off a copy of our Book Club and Critics. Printing done, I pick up the page of the newly updated list and file it in the orange marked folder with a pen I attached with sinew (this is so nobody steals the pen when they sign in at our meetings on the last Tuesday of each month, it reads:

2010

August: She's Come Undone, Wally Lamb (M) Fiction American

September: Touching the Void, Joe Simpson (M) Non fiction American

October: The Complete History of Nearly Everything, Bill Bryson (M) Non fiction American

November: Night, Elie Wiesel (M) Non fiction European

December: Reservation Blues, Sherman Alexie (M) Fiction American

2011

January: The Power of Myth, Joseph Campbell (M) Non fiction American

February: House Made of Dawn, N. Scott Momaday (M) Fiction American

March: Lightbearer, Gillepsie (F) Fiction American

April: Satanic Verses, Salman Rushdie (M) Fiction British

May: Lullabies for Little Criinals, Heather O'Neil (F) Canadian

June: Alias Grace, Margaret Atwood (F) Fiction Canadian

July: Hundred Years of Solitude, Marquez (M) Fiction South America

August: Dystopia, Ed Griffin & Mike Oulton (M/M) Non fiction Canadians

September: I Know this Much is True, Wally Lamb (M) Fiction American

October : Lost in the Cosmos, Walker Percy (M) Fiction American

November: All Quiet on the Western Front, Remarque (M) Fiction Euro American

December: Obasan, Joy Kogawa (F) Fiction Canadian

2012

January: Grapes of Wrath, John Steinbeck (M) Fiction American

February: Abandon Ship (M) Non Fiction American

March: The Road, Cormac McCarthy (M) Fiction

April: N/A Lock Down

May: Contact, Carl Sagan (M) Science Fiction American

June: Hateship Friendship Courtship Loveship Marriage, Alice Munro (F) Fiction, Canadian

July: The Fire Dwellers, Margaret Laurence (F) Canadian Native

August: Bury My Heart at Wounded Knee, Dee Brown (M) Western Native American

September: Oliver Twist, Charles Dickens (M) Portsmouth (Portsea Island), England, U.K.

I wonder what the October book will be?

Or even whether we will have a book club meeting with all the work being done around the institution.

Again, back to typing my memoirs...

Tim our new chaplain comes over to the range at 10:20 a.m. and sees me. He apparently got a message from Alexander Enza Uda at CBC Vancouver who is working on her Masters Thesis at UBC. I said I would call and get her name added to my call list tomorrow whether we are not locked down in the afternoons.

So fast and 10:30 a.m. rolls around and we are all paged back to our units. I save my work, twice on separate discs and return.

I watch the tail end of an episode of Star Trek Voyager and then Stargate Atlantis on the space channel. I still like this show and remember the good times I had with my kids watching it along with Star Trek Voyager and then switch to HGTV, Holmes on Homes. Afterward, I watch Tennis on TSN. I read a bit during the match and put down a book by R.E. Feist. Then I watch a little television, How it's Made.

I remember my dream last night: in the fields and picking up a black rock, knowing I was in a dream and altering it to make a black squirrel. It brushes and leans her head against my hand and after rubbing her hands, hops off and darts among the trees.

Then sporadically, coming back to perch on my shoulder, darting on and off for the rest of my slow walk among the oak trees and green grasses. I do not know what to make of this dream. I stair at a piece of grass and it shifts to form a bush. I am content and I like my forest.

Cell doors grind open at 1:00 p.m. as movement is called.

I go back to school.

Normally, I would go to hobbies as I am a hobby shop mentor but, they are closed today and will be again tomorrow from what I hear.

I type and type without interruption today, before long it is 3:30 p.m., my files are again saved again twice and it is back to the unit for dinner meals. Always so early in the afternoons. I help bring them upstairs and we are again locked up at 4:40 p.m. for count.

I watch one of my favourite shows, being Ellen DeGeneres and wish that maybe someday my kids could be on the show at Christmas time. It would be nice to see them all receive some Christmas and birthday presents that I have been unable and not allowed to provide them these years, of incarceration to date.

After my first memoir is out, I will write her, but I do not expect much help given to my kids with my current situation.

It is depressing to say the least, not being able to provide even a birthday and Christmas present for them these past nine years.

I listen to some Baroque and flip on my silver Sony CD walkman player and listen to my Celtic Women soundtrack, that would be a great concert to go to one day with my kids.

Looking forward to the new season of Revenge and Once upon a time, Last Resort, Arrow, Copper, Vegas, Falling Skies, Glee, Covert Affairs.

6:00 p.m. we are unlocked, the Gym and Hobbies are closed tonight. No SPOs (Sports and Programmes Officers). A lot of inmates come to me and complain about this lack of recreation in the evenings. I tell them it will get worse now as the evenings get darker earlier and the yard starts closing earlier and earlier.

Soon we will have no yard after supper and you can feel the tension mount. I do not control Security and movements... what can I do?

I am being told by inmates to look across the complex to Frasier Valley and at Matsqui that they have yard until 9:00 p.m. and later each evening until they must go inside for final standing count at 10:15 p.m.

However, why is it we at Pacific are denied yard time and gym and hobbies even with all the money CSC spent on improvements to the lighting outside over the past years?

Now CSC is building two more buildings here, another unit housing and a programmes building, bringing the population up from 430 to 530, even more people to complain about the lack of yard and SPOs.

Well, life goes on. I do not worry about the small things now.

I go outside for a walk. Normally, I would be in Hobbies again working on some stained glass work and occasionally helping people fix and clean items like their glasses and other items that don't work and the SPOs allow me to try my hands at them until 8:00 p.m., then I would go to the gym and workout for an hour on my exercise routine.

This is my second week at working out after a yearlong healing of my ankle. I can still remember the crack when I landed hard on it previously and still to this date, I was denied the opportunity for an X Ray to see how badly it is cracked.

Medical staff told me that if I wanted an X Ray, that I could pay for it myself. If my leg was broken, they would then compensate me for it. I do not have money right now else I would have had it done.

Just like my teeth. I am allergic to silver and yet they fill my cavities with silver fillings and they make us wait a year for a filling, then they just yank teeth out because the decay is now too much to repair. I have had three teeth pulled to date. I have been waiting for a filling for almost two years now, and soon it will have to be yanked out because it will not be repairable, just like the others.

Over the months, it has healed as well as can by now, but it would be worth a look. I will get it X Rayed when I get out along with a full body CT Scan.

I have played tennis a bit too this year (five times) and will like to get into a better routine for this, maybe mornings instead of school. If the weather is bad, I go to school. I will still have to wait another year for my ankle to heal and build some strength back into my muscles around the joint.

Well, I met the new minister that is taking over Father Joe Ostopowich's job here at Pacific. Father Joe left the past week to Matsqui Institution as I am told that his contract expired and Pacific failed to renew it so he took one that was offered to him there.

I made Father Joe a going away candy apple red and majestic purple stained glass cross for his desk and thankfully, Helen Tervo bought it at cost to give him. My only other option was as normally, to send it as a gift to family and hope that they would arrange to give it to him. Rules are rules and I guess the rules states that you cannot give gifts to staff.

I had a dream this past week that told me the new chaplain's name was Tom. I told our chapel clerk (name deleted) this and we waited. Well, I was off by one letter. Our new chaplain's name is Tim. From Tom to Tim, not bad but I am losing my touch. Hey, maybe the next one will be a chaplain Tom.

8:00 p.m. it is everyone back to the unit, the yard is closing earlier and earlier each evening. Very frustrating for us as there are lights in the yard and yet when they go on, we have to come back inside. This place clearly does not want us to exercise much. Pacific spent millions upgrading the lights for the fields and yet we are still denied access to them when the sun goes down.

Our neighbour institutions have access to their fields and yards until 9:00 p.m. each evening and yet we are not. Extra punishment for all of us detained here. Later, when winter sets in, we will not even get a yard after 4:00 p.m. when we go in for dinner.

When we get unlocked, we are forced to stay inside because security claims the light is too poor in the fields in the late evenings. Yet, I am told that it is the same lighting that is available at all the institutions.

So, I listen to some music on the Voice, watch some Dragon's Den, and write a few more notes for my story. I look forward to the next seasons of Burn Notice, Revenge and Once upon a time.

I wash my cell floor, make a pot of coffee and share with a few guys on the range. I am asked to help with the computer and show them how to make copies of their school papers.

I am asked about what kind of hobbies we have here at Pacific from the 'new fish' at the unit (new inmates coming in) and so I send them out with hobby permit sheets and point them in the direction for signing up for the M2/W2, AA, NA, school and other activities offered at the gym.

Being bombarded for a bit on transfer requests by other inmates and parole board questions. I explain that I have no experienced answers for, as this is new to me too. Still the only advice is to tell people to be honest and have a good release plan and community support network.

Overall, I am a better writer, artist and person for knowing this ever expanding group of friends and friend enemies. I never would have met many of the characters inside, ever as I was a law abiding citizen and the only brush with the law was the odd speeding ticket in the 80's.

Having a family, I kept below the speed limit and would drive friends mad when giving them a ride. I was always patient and never in a rush to go anywhere as I left always with plenty of time to spare so I could let people speed ahead of me.

There are so many that I draw support and encouragement from, many others too from on both sides of the fence.

I listen to some more music and work on updating the M2/W2 list for the Christmas Dinner that is to be held on December 3, 2012. I hope that we will have enough monies in our inside accounts to cover the costs. We tend to always scrape by just in time.

I also put together an ITF for our M2/W2 supplies too and start to think of supplies to order my next Kona Glass, Tandy Leather, and Lee Valley orders to finish projects that have been dragging on these last few years. I just need money in my accounts as hobbies are not cheap and I have to pre pay for everything.

To sort out my mind and organize my thoughts, I scrolled again through all my diaries and started writing the important dates and any notes I gleam from them to get a feeling of the timeline for the last few years of my incarceration.

Now this is looking more like a book.

Today, I entered my book in the library archives. A little write up was good to get my mind off this coming day.

Is it really the end of summer of 2012 already?

I dream of seeing and being with my kids and family and all of us having a pig roast when I am released.

Tories are Conservatives which are the King's party.

Liberals like to change things...

They kind of have their roles reversed these days, don't they?

Thank you for teaching me patience.

Therefore, I send this out for another edit and review...

Still waiting for a miracle to happen.

If anyone is listening.

September 10, 2012, M2/W2 tonight.

Feels good that most of this writing is done, I had to add this little bit. I received another letter today from Mr. Wayne Northey. The note reads:

Sept 5/12 Hi Kelvin, Both these papers may be of interest, in light of our last discussion. Well wishes, Wayne.

I remember our discussion on Johnny Appleseed song (grace) and he sent me the song, downloaded sheet music a week later.

Very thoughtful of him.

This song will at least be very helpful as we can all learn it for the Christmas dinner this year on December 3, 2012.

I also asked Wayne Northey for some feedback on avenues of investigation and how to proceed with my case... frustrating that I have to plough through the SCS system, innocent and being told that I'm not remorseful.

How do you prove that?

I cried when I learned of my ex wife's death, I do not dispute that fact. I was angry and pounded the walls many times while being detained, all I wanted to be out there looking for the killer and know that one day I will get the chance.

The courts refuse to allow me to be present for my own appeals when I asked and instructed the legal aid counsels that I wanted to be present or else I did not want them representing me.

My wishes and instructions were deliberately, prejudicially ignored by them and I should in theory still have a case.

The witnesses I wished to call for the defence: Dr. Dean Hildebrand, Dr. Donald Riley, Dr. Felicity Hardwich, Dr. Andrew A. Nadon, Sally Boxall, Jim Booi, Kari J. Menteir, Denie McCoy, Robbyn Borland, Alan Cavin, John C. Martin, Cathy Tait, Duncan Tait, Leona Whiting, Wayne Whiting, Barbara Zapshalla, Dave Zaqshalla, Tony Chang, Tylan Chang, Tyson Chang, Dean Purdy, Helen Purdy, Bartolina Marte, Carmen Guzman and Denise's varicose veins Doctor in Victoria, Stephen Taylor, Mayland McKimm, Susan Wishart, Bibhas Vaze, Michael Fox, and Dean Oliphant.

I am sorry that my ex wife passed away, I am compassionate over the welfare of my children and family members and friends that miss her (as I do), and I am searching for the truth as to who did this crime.

Someday, I will find out who did this.

The courts do not seem to want to.

This I feel is a cover up involving not only the RCMP, but also all the judges that have sat on all hearings on my case to date, and refused to listen to my pleas to re open my case including the Chief Justice because of my indigent status.

If I had money, they may have listened to me and they would have most likely granted all of my reasonable orders forthwith. Even so, there is no fairness when you are indigent and incarcerated in a Canadian penitentiary.

The courts have let me, my family and the community down in truth and fact finding. They are in disrepute.

Why is it I am not allowed to access (even with an RCMP member's assistance) to the National DNA data bank to see whether there were any matches to the unknown DNA found at the crime scene?

Why is it that this publicly funded data bank is denied access to the defence but it is allowed to be used by the Crown and RCMP, for trial purposes?

The defence needs access to this data bank for fairness.

Right now, it is very unfair.

Yes, I am sad, upset, and tearful over the loss of my best friend and mother of my children. I am remorseful and feel a great need for some kind of revenge on the people that did this and wrongfully placed me here.

So many family and friends have died while being incarcerated, I have been unable to attend their funerals, hospitalizations, graduations, weddings, and what have you.

Being inside, it is a sign of weakness that will be jumped on and preyed on when people see one crying in public. You learn to hold it in while detained. I have lost many people that are close to me and family knows this: I do not cry in public.

The RCMP is aware that I cried in cells at the time, during the taped interviews because that is how they decided to get my DNA profile. They tested a tissue from me crying during cruel interrogation, and I cried alone in my cell while officers watched, made notes in their logs for many nights while detained in VIRCC for two years.

Do the courts recognize that?

Nope, all the courts and CSC seem to want is a false confession and to keep a file closed even whether it is unsolved.

Better yet, maybe someone reading this can tell their Member of Parliament (MP) about this and ask them to investigate and demand those judges with such power and responsibility to do what is right and just and reopen my case.

If judges are unwilling to act, they should step down before one is forcibly removed, to allow those with iron fist to act.

September 11, 2012, comes around and it is the anniversary for remembrance of those lives lost in the terrorist attacks on the USA.

I remember that fateful day in 2001 when I was off to work and just leaving the Pemberton hotel that I was staying. I was on my way out the door and turned around as I had an urge to turn on the TV. The television flicked on and there was a tower, smoking.

The reporter telling of a plane that hit then, another airplane came into view and hit the second tower.

Shock, disbelief and anger over the unprovoked attack on our brothers and sisters and my family.

I wanted to leave and go right away to the states to help, being an ex firefighter, I felt for their loss and frustration. I called down and made arrangements to go to work an hour later. I was sad and tearful over this turn of events for all my friends and family in the United States.

My IPO came in and had a chat with me; I guess I am on the list for psychiatric review. Afterward, around Yule and a week later at Christmas time, I will put in a request for transfer to William Head Institution or Ferndale Institution as an alternative as either is good for me. Only when my security is lowered to Minimum.

I just wish to cascade down through the system and apply for ETA's and eventually parole. It would be great to be on Vancouver Island closer to my kids.

In addition, my dad Dean Purdy should be visiting this fall October 29 to November 1st for a PFV and so I will need funds to pay for the food soon. They always send me some money to cover this.

My mom Helen Purdy, is the best mom in the whole world who would always be there to talk to and for support, comes down in the spring.

This way I get two PFV's each year instead of just one. I get to spend quality time with both.

I always feel bad that my family are spending their money flying from Ontario to visit me as I would rather they spend it on my sisters and daughters. They tell me not to, as they treat it like a little vacation each year, where I can cook for them and they can put their feet up and relax for a bit.

Then again, I also feel bad with my Aunt Cathy, Uncle Duncan, Leona Whiting and Wayne Whiting for all the BC Ferry rides they take to see me.

Anyone observing me can tell that I have a nobler quality. Those who know me know the truth, know this is true, and that's all that matters.

I only seek to make the world a safer place for everyone that is why I spent time as a volunteer fire fighter, before moving to Whistler and why I don't charge the guys inside any fees for their legal help.

I remember once an argument with my dad Dean Purdy. He was reaching out and trying to get me to stay at Carleton University and pay for my second year of Mechanical Engineering. I wanted to do it on my own, in my own way. I did not want to take a hand out and money from him. I was stubborn, prideful and wanted no help from anyone at the time.

We argued for this quite a bit and my Aunt Gail Purdy listened on. She was very surprised about the facts that I refused university money and that my dad could write a check for $10,000.00 right then as he tried to give it to me. I wanted to do things and pay for my education on my own, even if I had to take a year off and work to pay for it.

My father, Dean Purdy is and has always been a good financer and able to save money for his family. A great dad and provider for all his children, a person I respect and look up to and envy even today and consider him and my mom Helen, my true heroes.

I really am fine right now, my family visits me lots. Getting letters from all over and being able to telephone them on weekends is nice enough for me. I tell family that I feel bad they spend time and money coming to visit me and would rather they use it for my children.

They tell me not to worry, my kids are all O.K., but I do worry, what father would not? If I received letters from them and monthly updates, I would be less worried about them. I asked the courts for this from their providers but to no avail.

By 10:15 p.m., there is a stand to count and afterward the lights are out. I have my desk lamp on and continue my wish list ordering and listing and now listening to TV and the top music hit list with my headphones on, I continue my reading. I polish off another three hundred and fifty page science fiction book and notice it is 1:45 a.m.

Still early so, I slip into bed. Listening just to the television with my headphones on (always better as people here like their sleep) so it ends another day.

Just before I drift asleep, it echoes in my mind the Crowns closing address to the jury,

"and they didn't exclude Mr. Purdy. I wonder what you might hear in terms of the use of exclusionary DNA evidence if that particular evidence did exclude Mr. Purdy, but it doesn't."

Frustration 101.

Being scientifically excluded and yet nobody seems to care.

I look again with heavy eyes at the quotes tacked to my corkboard, reading them once again:

"Keep your chin up, Kelvin We are all still working on it."

Peter Warren, Investigative Journalism and Broadcaster. www.peterwarren.ca

"My father is an innocent man and our government won't give him the chance to prove his innocence! This is injustice!"

Amanda Stephanie Schmitz, daughter.

"The case of Kelvin Purdy, serving a 19 year sentence for murder of his ex wife is one of these baffling cases, where it is possible that he was an innocent victim of prejudice and incompetence."

Ron Wall, Canadian citizen.

"...K. Purdy (10 AA) are excluded as a contributor..."

Dean Hildebrand, Ph.D.; BCIT. January 28, 2010.

"...My notes indicate you were excluded as a contributor to the knife sheath and there were weak indications of another male."

Donald E. Riley, Ph.D.; DNA Consulting, LLC. July 13, 2010.

Now, I turn off the lights and try to drift off to sleep.

Dreaming of a new touch screen computer system with Advanced Aircraft Analysis (AAA), AeroPack (CCAD) Shark and Shark FX, Aircraft Performance Program and all the other school programmes like Rosetta Stone, Encarta, and others I used to use and have.

I do what I can, until my destiny is revealed to me.

Please dreams, tell me what I need to know and do.

Remembering again my dreams of nights past, driving up in my BMW K1200R bike through Whistler, and taking an Innespace Dolphin boat for a spin and jumping waves to morph into flying a Velocity Aircraft XLRG 8 that is my own new design, and to finally cruising with family in our Mitsubishi iMiEV.

I continue to remain happily so far below the poverty line that I mess up many government statistics.

All I can do is tell you what I know and suggest what I think should be done.

I tell people "I am as well as can be expected to be in a place like this."

So, when all is said and done, I am now having a religious crisis.

CSC has denied me my right for my religious rights in prison, I am told to conform. I am confused. I thought we had the right to religion in prison, no matter what religion we practiced.

I am going to sleep upset. I learned earlier today that my courier has been denied dropping off my application for my children's custody changes at the Nanaimo courthouse. The Registrar and clerks are refusing to accept my applications I sent to them now three times. Tanya, Shelly and Rick at the courthouse all tell me when I call that they will all accept my files by courier.

Yet, when Ace courier arrives, they all maliciously turn him away and refuse to accept my application for video conference. The court Registrars refused the check for $80.00 (the filing fee) still in his hands.

I would prefer a change of Venue due to the very inappropriate actions and discrimination practices of the Nanaimo Registrars and Nanaimo Court staff in dealing with my Ace couriered applications, disclosing Privileged case file information to my courier, all because I am indigent and incarcerated.

This is deliberate prejudice directed at me; they should be ashamed of themselves. Call and verify if you want, phone: (250) 741 3805, my family file number is ED037144.

Can any lawyer help me?

You wonder if I am still detained?

To help readers, and because I am not allowed to retain proceeds of this crime I am serving, this book will remain complementary while I am detained.

Yours in happy poverty, awaiting a sense of fairness that is seems most in authority lack.

Turning the station on the television, I listen to some Baroque and it is nice.

Blessed be.

Your Canadian Political Prisoner FPS 800875E.

Kelvin Kingsbury Purdy (Lord Cuckoo).

The End.
APPENDIX I

DNA TESTING FOR ELIMINATION

A judge presiding at a criminal trial or other criminal proceeding may make any order that he or she considers appropriate in the circumstances to protect the right of the accused to a fair trial, as long as that order complies with the terms of any order made under any of subsection 37(4.1) to (6) in relation to that trial or proceeding or any judgment made on appeal of an order made under any of those subsections. 2001, c.41, s.43.

The lab that has handled the following defence exhibits in this case:

Genex Biolabs 1.888.262.2263

101 1001 W. Broadway, Dept. 600, Vancouver, BC, V6H 4E4

Please eMail the name, item number and test results to me:

KPURDY2003@GMAIL.COM

Do your own DNA collection and home testing by ordering the MinION from Oxford Nanopore Technologies (approximately $1000.00) that connects to a USB port computer to sequence DNA.

All trial transcripts can be ordered from: J.C. WordAssist Ltd.

Files: 56040, CA035316, CA033639, SCC

111 Skinner Street, Nanaimo, BC, V9R 5E8

Telephone: 250 754 7822 Facsimile: 250 754 3245
Sample: "Knife" (#0001)

(Graph) (Alleles)

(Blue 1) D3S1358 16 / 16

(Blue 2) vWA 16 / 17 / 19

(Blue 3) FGA 20 / 22

(Green 1) X/Y Y / X

(Green 2) D8S1179 10 / 13 / 14

(Green 3) D21S11 28 / 30 / 31.2

(Green 4) D18S51 15 / 16

(Yellow 1) D5S818 13 / 14

(Yellow 2) D13S317 12 / 12

(Yellow 3) D7S820 08 / 09

Note: Does anyone know and has worked with Charles Panet? Do you clearly remember him wearinga knife like this to work at BC Ferries and bragging about it? Please, let me know and send to me any work, picket, community photos you may have on him with other knives he wears and has worn in the past
Sample: "Vehicle" (#0011)

(Graph) (Alleles)

(Blue 1) D3S1358 14 / 16 / 17 / 18

(Blue 2) vWA 16 / 17 / 18 / 19

(Blue 3) FGA 20 / 22 / 23

(Green 1) X/Y Y / X

(Green 2) D8S1179 10 / 13

(Green 3) D21S11 29 / 30 / 31.2

(Green 4) D18S51 11 / 13 / 15 / 16

(Yellow 1) D5S818 11 / 12 / 13 / 14

(Yellow 2) D13S317 10 / 11 / 12

(Yellow 3) D7S820 08 / 09 / 11 / 12

Sample: "Purse" (23 AB)

(Graph) (Alleles)

(Blue 1) D3S1358 16 / 17 / 18

(Blue 2) vWA 16 / 17 / 19

(Blue 3) FGA 20 / 22

(Green 1) X/Y Y / X / X

(Green 2) D8S1179 10 / 13

(Green 3) D21S11 30 / 31.2

(Green 4) D18S51 15 / 16

(Yellow 1) D5S818 11 / 13 / 14

(Yellow 2) D13S317 12 / 12

(Yellow 3) D7S820 08 / 09
Sample: "Denise (Dennis) Purdy" (8 AA)

(Graph) (Alleles)

(Blue 1) D3S1358 16 / 16

(Blue 2) vWA 16 / 19

(Blue 3) FGA 20 / 22

(Green 1) X/Y X / X

(Green 2) D8S1179 13 / 13

(Green 3) D21S11 30 / 31.2

(Green 4) D18S51 15 / 16

(Yellow 1) D5S818 13 / 14

(Yellow 2) D13S317 12 / 12

(Yellow 3) D7S820 08 / 09
Sample: "Kelvin Purdy" (10 AA)

(Graph) (Alleles)

(Blue 1) D3S1358 18 / 18

(Blue 2) vWA 17 / 17

(Blue 3) FGA 21 / 22

(Green 1) X/Y Y / X

(Green 2) D8S1179 10 / 10

(Green 3) D21S11 29 / 31.2

(Green 4) D18S51 12 / 13

(Yellow 1) D5S818 12 / 13

(Yellow 2) D13S317 11 / 11

(Yellow 3) D7S820 11 / 12
Sample: "Spittle"

(Graph) (Alleles)

(Blue 1) D3S1358 16 / 16

(Blue 2) vWA 17 / 18

(Blue 3) FGA 24 / 25

(Green 1) X/Y X / X

(Green 2) D8S1179 10 / 12

(Green 3) D21S11 28 / 30

(Green 4) D18S51 12 / 16

(Yellow 1) D5S818 11 / 12

(Yellow 2) D13S317 08 / 11

(Yellow 3) D7S820 11 / 11
APPENDIX II

DNA (Deoxyribonucleic Acid) SCAVENGER HUNT

As I am indigent, included here are the profiles I received from Crown and RCMP and sent to Dr. Dean Hildebrand and Dr. Donald Riley for scientific elimination. The Spittle sample was the only sample I have acquired to date from a private investigator after thirty three days of following Charles Panet.

Anyone looking to solve this true mystery can search out the remaining people on the following lists titled: DNA SUSPECT SCAVENGER HUNT LIST and DNA PRIORITY LIST FOR PRIVATE INVESTIGATOR. Acquire these suspect profiles for DNA elimination testing and scientific elimination of cross contamination and suspect elimination.

My order/suggestion to acquire DNA profiles would be:

  2. To first ask them for a sample for DNA profile elimination;

  3. If they say no, hire a Private Investigator to get their profile;

  4. Become a Private Investigator to get their profile (discarded spit, blood, toothbrush, Q tip, coffee cup, straw, whatever).

NOTE: Most of the people and first responders who were involved in this case lived in Nanaimo, British Columbia, Canada during 2003 to 2005. Others on the list including lawyers, judges and experts (students of Dr. Dean Hildebrand at BCIT) who refused to eliminate me and may have been living elsewhere in the country.

LEGEND FOR DNA SUSPECT SCAVENGER HUNTS LIST

Double XX confirmed at being at both Duncan and Nanaimo crime scenes and/or had access to the evidence from both locations and possible cross contamination occurred.

One X confirmed at Nanaimo location only, all other names I do not know, as I have been denied full access to my case files and further discovery by Crown.

Cross contamination: the transfer of an infectious agent from a contaminated source to a non contaminated source.

"DNA" means deoxyribonucleic acid;

The DNA data bank will:

(1) deter potential repeat offenders;

(2) promote the safety of the community;

(3) detect when a serial offender is at work;

(4) assist in solving cold crimes;

(5) streamline investigations; and most importantly,

(6) assist the innocent by early exclusion from investigative suspicion (or in exonerating those who have been wrongfully convicted).

To date, not one judge has ordered discovery DNA testing on any of these suspects. Please help in the quest for the truth and full transparency by scientific DNA elimination. Imagine a match.
APPENDIX III

DNA SUSPECT SCAVENGER HUNT FULL LIST:

  * Anderson, Brad

  * Anderson, David (White Spot Nanaimo)

  * Anderson, David Cst.

  * Bandurka, Glen (#1295 Jury XX)

  * Bass, Gail (1949/01/19, w28, s28)

  * Bate Cp. (XX)

  * Bennett, Kaitlyn (w17, s30)

  * Bickle Cst.

  * Bilodeau, Roger Q.C. (Registrar Ottawa SCC)

  * Booi, Tracey

  * Boone, Dr. (s14, Autopsy, Yellow=older bruises 12 hrs+ XX)

  * Boorman, Robert (Ambulance X)

  * Bournazel, Julius (#1376 Jury XX)

  * Boxall, Sally (1962/03/17 X)

  * Bracken, JK (Nanaimo Judge XX)

  * Bradburne, John (1984/03/17 X)

  * Bradburne, Maxine (1959/10/05 X)

  * Bradburne, Peter (1959/10/07 X)

  * Braid, Teresa (s12)

  * Brayley, DHD Cst. (X)

  * Breakey, Christopher (w10)

  * Brough, Colin (XX)

  * Browne, Richard (1944/01/24)

  * Burns, Garl Cst. (s28)

  * Burns, Wendy (w23, s29)

  * Campbell, Neil (#1433 Jury XX)

  * Carpenter, Wayne A (Crown Prosecutor XX)

  * Cartegna, Julie (w15, o3)

  * Carter, Linsay (RCMP E div Tech Vancouver XX)

  * Caruthers Dr. (w16, o3)

  * Chisholm D.M. Sgt. (s23 X)

  * Chu, Bernice (RCMP E div Tech Vancouver XX)

  * Chubey Cst. (X)

  * Clark, Don Cst.

  * Cleland, Fred (1953/07/26 X)

  * Cleland, Louise (1955/08/06 X)

  * Conway, Murray D. Cst. (s23 XX)

  * Cook, C. Jacqueline Cst. (w12 X)

  * Corkum, William Cst. (w4)

  * Crawford, Derek Sgt. (s19 XX)

  * Crawford, Rebecca Cst. (w27)

  * Crossman, Christine (RCMP E div Tech Vancouver XX)

  * Cunningham, Valerie Dr. (w46, s16)

  * D'Sullivan, Brenda Cst. (w7)

  * Davies, Cathy (1958/05/28, w46, s16 XX)

  * Davies, R.A. Cpl.

  * Delisle, David R. Cst. (w14, s29 X)

  * Dibnah, Phyllis (1950/04/27 X)

  * Drake, Catheryn (Ambulance X)

  * Dryburgh, James (w22)

  * Dryburgh, Jamie (s30)

  * Dubenski, Frank A. (Crown Prosecutor XX)

  * Dumaine, Kevin Cst. (w25)

  * Dunn, Ashley

  * Dyan, Howard Dr. (w21)

  * Edelmann, Peter (Forced Legal Aid Counsel)

  * Eppler, Rudolf (w8)

  * Finch (Chief Justice Appeal XX)

  * Flannery, Pat J. Cst. (X)

  * Fox, Michael (Counsel Quit XX)

  * Garson, the Honourable Madam Justice (Appeal XX)

  * From, Glen E. Cst (s23 XX)

  * Gisdman, Roy

  * Graham, Deborah (w11)

  * Green, Dina (VIRCC)

  * Grenkow, Veronica (1947/09/17)

  * Grice, David (Payless, s23)

  * Gronek, Ava (w38, s28)

  * Guzman, Carmen (1970/05/10 XX)

  * GWilliam, Hugh W.R. (Crown Prosecutor XX)

  * Hall, R.A.S. Cst.

  * Halpin, Rebeca

  * Harris, the Honourable Mr. Justice (Appeal XX)

  * Harris, Rosemary (1952/08/13 X)

  * Hatch, Martin

  * Hergesheimer, David (w36)

  * Hewer, Ann Marie (Counsellor w13, s15)

  * Hogg, Douglas C. Cpl. (s13, Undercover XX)

  * Hohnson, Lisa (w18)

  * Holloway, M.J. Cst

  * Holmgren, Karen

  * Houlihan Cpl.

  * Houston, Robert E. Q.C. (SCC Ottawa, Crown)

  * Huddart, C.M. (Madam Justice, BC Appeal XX)

  * Hyne, Peter (Fire Hall #3 'D' Crew X)

  * Isham, Linda (vsr, w9, s29)

  * Janes, Darryl Cst. (XX)

  * Jaynes Cst. (s19)

  * Kine, Barbara (#1287 Jury XX)

  * Kingston Cpl.

  * Kingston, Dan Cst. (XX Hand Photos 2003/12/15)

  * Kneckt, S.E. Cst. (Scene Witness XX)

  * Kobe, Sada (w19)

  * Koman, Petrus (#1410 Jury XX)

  * Kraft, Norma (1958/10/18 X)

  * Kretzul, Cpl.

  * Kupusa, Eileen (1944/12/09 X)

  * Kwasney, Ralph

  * Lam, Alan (w32)

  * LaRose, Bill (1955/02/13 X)

  * LaRose, Desiree (1956/07/10, s12 X)

  * Lawson, Mark Cst. (Police Dog Services X)

  * Lundago, Delphine (#1115 Jury XX)

  * Luu, Christine (E div Tech Vancouver XX)

  * Lynch, Richard Sgt. (s13 XX)

  * Macckenzie, K.C., The Hon. Madam Justice (Appeal XX)

  * Maciellan R.D. Cst.

  * MacLachlan, Rick (1961/03/26, *Alive @ scene XX)

  * Madeiros, Shannon (w33, s28)

  * Madsen, Kenneth (Crown XX)

  * Makkonen, Ritva (#1104 Jury XX)

  * Martin, Idalia (1966/11/21)

  * Mattice, Jack (#1437 Jury XX)

  * Mattson, Marilyn (X)

  * McCoy, Judy (1953/12/15 X, Ignored Suspect Vehicle Leaving Crime Scene Tip)

  * McKay, Gillian (1964/04/09 X)

  * McKimm, Mayland (Trial Lawyer Now Judge XX)

  * McLachin, C. J. (SCC 34391 Judge)

  * McMeel, Dr. (s13)

  * McPhee, Stephen (s26 XX)

  * McRitchie Cst. (Undercover XX)

  * Mills, Mitch (w20)

  * Milne, Brian (1946/11/30 X)

  * Milne, Linda (1948/10/24 X)

  * Mjoen, Steven Magnar (XX)

  * Moldaver JJ (SCC 34391 Judge)

  * Mooney, K. Cst. (w29)

  * Morrell, Janis (w1 s26)

  * Mousseau C.D. Cst (w26 X)

  * Murray, Miles (RCMP)

  * Nakrieko, Jan (s28)

  * Napier, Kalcey Dawn

  * O'Brien, Gary F Cst. (s12 X)

  * Olson, Donald (#1262 Jury XX)

  * Ortiz, Carmen (1934/11/06 X)

  * Overton, Mark (Fire Hall #3 'D' Crew X)

  * Panet, Charles Wilson (w6, s27 XX) * Number One (1) Suspect, AKA: "Spittle".

  * Payne, John (#1566 Jury XX)

  * Pelletier, J.L.M. Cst. (X)

  * Perry, Taylor (1987/01/06 X)

  * Peterson, Donald (#1570 Jury XX)

  * Philip, S Cst. (X)

  * Phillips Cst. (X)

  * Phillips, Keith (#1399 Jury XX)

  * Pinker, Isabelle (1972/09/02 X)

  * Purdy, Kimberly K. (2000/02/07 XX)

  * Purdy, Stephanie E. (1994/03/22 XX)

  * Randeau, Hannelore (w44)

  * Reason, William Cst. (w35 XX)

  * Reside, David (#1334 Jury XX)

  * Riley, Madeline (w30)

  * Rogers, Dan /Daniel (Fire Hall #3 'D' Crew X)

  * Rondeau, Lori (1955/03/09, s16)

  * Rosario, Bartolina Marte (1935/08/24 X)

  * Rose, Paul Cst. (Undercover Cell Plant XX)

  * Rosvold, Juanita (s28)

  * Rosvold, Waneeta (w34)

  * Roszmann, Julie (s22)

  * Rothstein (SCC 34391 Judge)

  * Rowles (Madam Justice BC Appeals XX)

  * Roy, J Gerard N Cst. (s12 X)

  * Rozman, Julie (w40)

  * Rupa, S.D. Cst. (Lead Officer, w41, s23 XX)

  * Saby, Rick

  * Sahota, Gian (1936/10/05 X)

  * Sanderson, Graham Lawrence (dw1)

  * Saunders, M.E. JJ.A. (Appeal justice XX)

  * Scherr, David Cst. (w31 X)

  * Schuster, Lori (1964/02/09, Gave First Aid X)

  * Seagris, Richard (1962/07/07, s12 X)

  * Seaton, Kristina (1971/12/31 X)

  * Shiels, Don (1961/10/17)

  * Shiels, Lauren

  * Shuster, Lori (X)

  * Smith, D. (Madam Justice Appeal XX)

  * Smith, Ken L. S. Sgt. (X)

  * Sorsdahl, Leslie (1947/07/14, s12 X)

  * Sorsdahl, Neil (1946/02/25, s12 X)

  * Stitt, J. Rob Cst. (w5, o3 X)

  * Striker, Norm Cst. (XX)

  * Stroink, Arlee (1954/02/02, Sew Fabulous)

  * Stuart, Jennifer (w39)

  * Sweet, David Dr. (Forensic Odontology XX)

  * Swift, Eleanor 'Elly' Cst. (w47, s15 XX)

  * Szick, Martha (#1412 Jury XX)

  * Taylor, Stephen (Trial Judge XX)

  * Taylor, Stephen D. (Lawyer Nanaimo XX)

  * Turton Hollins, Holly Ann Cst.(s32, Handled Evidence XX)

  * Vaughan, Gerrard, Dr. (w3, s30 XX)

  * Vaze, Bibhas (Counsel Quit XX)

  * Walton, Paul (Biased Nanaimo Tabloids XX)

  * Whyte, Bill (XX)

  * Whyte, Jennifer (item#182, w42, s19, s20, s21 XX)

  * Whyte, Nathan (Vehicle XX)

  * Whyte, Patricia (1949/01/07, w24 XX)

  * Wilton, Michael Steven Cpl. (s16 XX)

  * Wishart, Susan (Counsel Now Justice XX)

  * Wylie R.J.B. S/Sgt. (s13 XX)

  * Young, Greg (w37)

APPENDIX IV

DNA PRIORITY LIST FOR PRIVATE INVESTIGATOR:

  1. Charles Wilson Panet, boyfriend of Denise Purdy

  2. Holly Ann Turton, RCMP lead exhibit officer, no white protective gear, did not change clothing prior and so believed to cross-contaminated vehicle;

  3. Richard Lynch, RCMP exhibit officer, no white protective gear, did change clothing prior to going to Duncan, not his shoes though;

  4. Gerard Norman Roy, RMCP first person to arrive to Victim;

  5. Christopher Mousseau, RCMP only wore one glove, administered first aid to Victim;

  6. Fred Cleland, Nidri Place off LaSalle Road, Nanaimo, BC, put sleeping bag on victim;

  7. Peter Richard Hyne, Fireperson Station 3 Nanaimo;

  8. Mark Overton, Fireperson Station 3 Nanaimo;

  9. Catherine Patricia Drake, BC Ambulance Nanaimo;

  10. Robert Boorman, BC Ambulance Nanaimo;

  11. Desiree Larose \- 6418 LaSalle Road, Nanaimo, BC;

  12. Pam Ryan - Land Lady 6418 LaSalle Road, Nanaimo, BC;

  13. Richard Seagris, LaSalle Road, Nanaimo, BC;

  14. Neil Sorsdahl, 6404 LaSalle Road, Nanaimo, BC;

  15. Leslie Sorsdahl, 6404 LaSalle Road, Nanaimo, BC;

  16. Darryl Janes - RCMP arresting officer;

  17. Derek Crawford, RCMP arresting officer;

  18. Michael Steven Wilton - RCMP Arresting officer in Duncan;

  19. Sorab D. Rupa, RCMP lead investigator, gave Stephanie 'Gift' computers;

  20. Eleanor Swift, RCMP, Stephanie interview, showed inappropriate photos to 9 year old;

  21. Douglas Hogg, RCMP, investigator;

  22. Jennifer Nichole Whyte, ex Fiancé, DNA elimination needed;

  23. Stephanie Purdy, Daughter, DNA elimination needed;

  24. Kimberly Purdy, Daughter, DNA elimination needed;

  25. Nathan Whyte, Step-Son, DNA elimination needed;

  26. Roland Sharp, person of interest? (from ex-RCMP, not sure if this is a wild goose chase)

APPENDIX V

CHIEF JUSTICE NOTICE

Humbly Requested Judge Orders:

Inmate Owned Computer System with DVD ROM Burner and Scanner,

Appellant cell use of Play station 2 system,

Bail,

CHANGE OF VENUE,

INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL

STAY PROCEEDINGS FOR ABUSE OF PROCESS AND

TO STAY PROCEEDINGS FOR UNREASONABLE DELAY

It is included in the following:

Court of Appeal File No.: CA033639

CHIEF JUSTICE NOTICE

The Appellant, Kelvin Kingsbury Purdy, hereby gives notice to the CHIEF JUSTICE that my appeal is being frustrated by:

  1. Mr. Kenneth Madsen, Crown Counsel for the Respondent has continued to refuse disclosure and discovery of objects by release for scientific testing s.605 as Crown has obstructed justice by deliberately denied discovery and testing of key items namely: the DNA profile of Jennifer Whyte which was deliberately withheld and not disclosed at trial or during appeal on conviction when DNA of this witness was requested tested by defence,

  2. Mr. Kenneth Madsen, has continued his deliberate prejudice lengthy delays in these proceedings since I started this re opening decided appeal application on 20 August 2008, which is prejudice to the accused as an abuse of process by these unreasonable delay tactics used by Crown,

  3. as you are aware, the APPELLANT'S LEAVE TO APPEAL TO RE OPEN DECIDED CASE was mailed out of Pacific Institution on 20 August 2008, to Victoria Registry who refused to file it, the APPELLANT'S LEAVE was sent to Vancouver Registry and the Chief Justice who ruled that the Victoria Appeal Courts were ordered to file the leave and hear it, this leave was then tacked on to a 13.3 motion that the Registrar filed to dismiss my appeal on length of sentence due to the incompetence and ineffective assistance of trial and appeal counsels Mayland McKimm and Susan Wishart who it appears were no longer acting on my behalf since the middle of trial when the defence hired DNA expert Donald E Riley, Ph.D; DNA excluded Kelvin Purdy from the crime scene in 2005 and indicated there was another male suspect but refused to put him on the stand. I humbly request a case management judge be assigned and review this case due to the ineffective assistance of the part of trial counsel,

  4. also, the appeal courts have shown prejudice and continuing severe injustice the accused has been prejudiced in his appeal by refusing to address any requested motions since mailing on 20 August 2008, and the Victoria Appeal Court prejudiced delay in filing this request to re open and continued faulty judicial system delays in setting and trying these matters in a reasonable time of 6 to 8 month time frame which the Supreme Court of Canada intended is in violation of my charter rights s.7 and s.11(d) an individual's right to a fair trial in a reasonable amount of time (R v. Askov (1990), 59, C.C.C. (3d) 449, 74 D.L.R. (4th) 355, [1990] s S.C.R. 1199. p.302: Cory J. makes it clear that he responsibility to provide adequate resources lies with the Crown: (p. 479 C.C.C.) it must be remembered that it is the duty of the Crown to bring the accused to trial. It is the Crown which is responsible for the provision of facilities and staff to see that accused persons are tried in a reasonable time.):

  4. Page 33 Application for an order for attendance of a prisoner in person pursuant to s.527, c.c.c.

Page 34 Motion for an inmate owned computer system for in cell use with CD/DVD (BLUE RAY) ROM drive,

Page 36 Motion for Court appointed counsel

Page 37 Application for release from custody pending determination of appeal to re open decided case, appeal on sentence and order for release

Page 42 Application for suspension of victim surcharge under section s.683(D) C.C.C. pending determination of appeal motion to re open decided case

New motions for discovery and scientific testing of items

New motion for inmate owned in cell use computer system with DVD ROM, DVD burner and scanner to meet CSC requirements of fire hazards allegations

New motion forthwith legal disclosure of entire case files, DVD's, CD's, tapes, photos and all case material for in cell use

New motion for in cell use of inmate bought and owned Play station 2 system forthwith

  5. It is a continued deliberate discriminatory practice and obstruction of justice by Correctional Service Canada (CSC) in Intercepting Kelvin Purdy's 8 boxes of legal correspondence on May 10, 2010, and then refusing to notify me of the seizure until I made a complaint/request to the Appeal Courts in Chambers on June 9, 2010, at 14:00 and the court ordered this was to be rectified then but, I was only given on June 16, 2010, only 1½ hours access to my files. I require full daily access to my legal files in my cell to properly prepare my defence and the deliberate and continued denying me access to my own legal files contradicts the court ordered full disclosure. I can not properly prepare my defence until either I get a court order for complete disclosure forthwith by CSC and compensation for damages under s.194 five thousand dollars as punitive damages per legal box withheld (8 x $5000 = $40,000) for a total of $40,000.00 forty thousand dollars. CSC is in violation of s.120 (iv) to interfere with the administration of justice,

  6. CSC is in violation of s.337 Public servant refusing to deliver property, namely the eight boxes of privileged legal case files,

  7. CSC is in violation of s.345 Stopping mail with intent without a court order (mail from counsel Mr. Bibhas Vase = 8 boxes of privileged legal case files),

  8. CSC is in violation of s.358 Having in possession when complete, the named eight boxes of privileged legal files,

  9. The continued denying Kelvin Purdy an inmate owned computer system is a discriminatory prejudice practice c. 33, s. 5 H 6 Canadian Human Rights Act and in violation of my charter rights s.7 and s.11(d) an individual's right to a fair trial and to properly prepare a proper defence, I require an inmate owned computer system with DVD ROM, DVD burner and scanner so that I can personally put all my legal case materials on DVD discs and eliminate any fire hazard that CSC may allege could arise with so many boxes in my cell at one time. Without a court ordered computer system CSC is refusing to allow me access to any of the CD's, DVD's CD ROM's and photos of my trial, my appeal is being deliberately frustrated,

  10. the continued denied access to institutional resources and deliberate and unacceptable institutional delays in purchasing needed legal supplies (stamps & paper, etc) that were requested ordered on ITF board dates: June 22, 2010, paper from Staples denied, had to re order legal paper supplies on July 6, 2010, which I received on July 30, 2010 ,

  11. and the continued institutional delays in getting mailing supplies from CSC when requested on canteen but denied extra stamps to cover legal mailings which is over the allotted 20 stamps every two weeks allowed to purchase unless a court order is issued from the courts to allow extra stamps purchase,

  12. Because of unacceptable institutional delays and unacceptable court delays since 20 August 2008, the Appellant requests a stay of proceedings as a remedy under s.24 (1,2) for mischief continued violation of the accused rights under s.7 and s.11 (b) of the Canadian Charter of Rights and Freedoms,

  13. Because of the unreasonable time and continued denied access to trial DVD's, photo discs that CSC are withholding because Kelvin Purdy does not have a computer system with DVD capabilities, the forthwith release and in cell use of inmate Kelvin Purdy's Play station 2 system with DVD capabilities but had no internet adaptor which was purchased and he was allowed to use while he was detained leading up to his trial, during his trial and upon transfer to Pacific Institution where he was suddenly denied further access to his game system and forced to purchase a Play station 1 system without DVD capabilities,

  14. please return to Kelvin Purdy of all seized items (Code, ss.490 (7); (8) ;(9) (c)),

  15. allow change of Venue of Trial to Vancouver (Code, s. 599 (1)),

  16. allow an order forthwith for DNA discovery testing on Cst. Holly Ann Turton to scientifically eliminate the possibility of her cross contamination as seen in the photos and DVD video on December 12, 2003, of her not wearing a white bunny suit or protective gloves and mishandling the evidence she collected in Nanaimo and cross contaminated and tainted evidence in Duncan,

  17. And any other further orders your honour sees fit for the proper administration of justice and fairness.

Please help me. I have included another updated copy of my Overlooked for a better understanding of my case history and replies to Crowns proposed offers. An early sitting to address and correct these alarming issues would be greatly appreciated before my scheduled court appearance for jurisdictional arguments expected the week of September 13, 2010. I have included an order for a court ordered decisions and forthwith court orders if this could help correct this continued appearance of prejudice and injustice during my re opening of the decided case and prior to my appeal on length of sentence appeal.

In the Supreme Court Act, Rule 46(2) expressly authorizes the Court to receive new evidence in references which deal with cases already decided in a court of appeal. This procedure was followed in Reference Re Truscott, [1967] S.C.R. 309. These attached documents and letters of exclusion from Dr. Donald Riley and Dr. Dean Hildebrand in my view, identify more accurately the alarming appearance that a miscarriage of justice did occur and was compounded by the clear ineffective assistance of trial counsels and that the accused has been misled and prejudiced in my defence and appeals.

I again refer to R v. Askov (1990), 59, C.C.C. (3d) 449, 74 D.L.R. (4th) 355, [1990] s S.C.R. 1199. p.302: Cory J. makes it clear that he responsibility to provide adequate resources lies with the Crown: (p. 479 C.C. C). It must be remembered that it is the duty of the Crown to bring the accused to trial. It is the Crown which is responsible for the provision of facilities and staff to see that accused persons are tried in a reasonable time.

I have been waiting for a hearing on this application motion to re open my decided appeal and other included motions like bail for over two years since 20 August 2008, and that my s.11 (b) rights have been violated and therefore I have been prejudiced. The only appropriate remedy for delay in bringing myself, an accused to trial where the delay was the continued result of inadequate institutional resources, continued denied access to defence case files and materials and court judicial delay being violations of s.7 and s.11 (b) rights of the accused among others, would be a staying of charges as a remedy under s.24 (1) If a court concludes that a right has been infringed or denied., then by this provision the court may order "such remedy as the court considers appropriate and just in the circumstances". Just as Askov had been subjected to a delay of more than two years, the Supreme Court of Canada ruled that their s.11 (b) rights had been violated and a remedy is requested.

August 3, 2010

Kelvin Kingsbury Purdy self counsel for the Appellant

APPENDIX VI

Court of Appeal File No.: CA033639

British Columbia Court of Appeal

Criminal Appeal Rules, 1986

COURT OF APPEAL

BETWEEN:

REGINA

RESPONDENT

AND:

KELVIN KINGSBURY PURDY

APPELLANT

BEFORE THE HONOURABLE

MR./MADAM JUSTICE

The ____ day of ____________, 2010.

IT IS ORDERED that the appellant,

  1. be given his entire legal case files forthwith for use in his cell which will include all CD's, CD ROM's, DVD's, photos, and all case materials,

  2. be allowed in cell use wherever he is detained, a new inmate owned computer system with a CD/DVD ROM with a burner, scanner and printer, up to a 22" monitor that may contain an integrated web camera, TV tuner card, a current operating system (PC or Macintosh) and any defence needed computer programs for court and school and be allowed in his cell all the needed discs for scanning and recording case material forthwith while detained, the computer system and discs will be bought by his family who will send it by courier to CSC who then will issue him the complete system within 48 hours of receiving it so for security to adequately tag and catalogue the system in that time,

  3. will be compensated by Correctional Service Canada (CSC) for damages under s.194 in the sum of $ 5,000.00 (five thousand dollars) for each of the eight boxes being withheld for a total of (8x$5000.00=$40,000.00) forty thousand dollars as punitive damages paid forthwith to Kelvin Kingsbury Purdy into his current account for obstruction of justice, non disclosure, interception of privileged mail and deliberate frustration of his appeal by continued malicious withholding his legal files by CSC/A&D,

  4. will be allowed forthwith his Play station 2 system for his in cell use,

  5. will be allowed extra stamps on his canteen to cover court mailings,

  6. will be allowed a change of venue to the Vancouver Court of Appeals s.599(1)(a) for it appears expedient to the ends of justice,

  7. will always appear in court in person for his appeals, s.599 (1)(a) for it appears expedient to the ends of justice,

  8. will be allowed forthwith the release of exhibits for discovery and scientific testing under s.605 (1) costs are to be paid by Legal Aid especially the DNA Profile of Jennifer Whyte,

  9. Stay Proceedings for Unreasonable Delay (Charter, s.11 (b); 24 (1)),

  10. Stay Proceedings for Abuse of Process by Crown and CSC in non disclosure for discovery testing, deliberately frustrating appeal by changing court dates and appearance without giving proper notice in violation of court rules and chambers court, and CSC deliberate non disclosure in legal case files (Charter, s.11 (b); 24 (1)),

  11. Make available a copy of all trial and appeal transcripts on DVD ROM or CD ROM forthwith to include any ruling/judgements on Kelvin Purdy's appeal hearings on dates: January 12, 2009; March 9, 2009; March 8, 2010; April 19, 2010; June 9, 2010, and any and all future court dates because he is indigent,

  12. Order forthwith DNA discovery testing on Cst. Holly Ann Turton to scientifically eliminate the possibility of her cross contamination on December 12, 2003, under Charter s.7 which gives the court broad power to promote the proper administration of justice by ordering disclosure and discovery of material and objects for the purpose of scientific testing

  13. an order for defence witness testimony, travel and accommodation costs for Dr. Dean Hildebrand and Dr. Donald Riley be paid by LSS or in the alternative, Crown.

  14. Order costs and monetary compensation for charter s.7 & s.11 violations for damages by misbehaviour on the part of the authorities (CSC) be determined re: Cameron Ward (2010) SCC.

  15. Order a case management judge be assigned to review this entire case Kelvin Kingsbury Purdy v. Regina due to the ineffective assistance of the part of trial counsel in not leading key witnesses that Kelvin Kingsbury Purdy requested his counsel put on the stand during his trial including : Kelvin Purdy, Dr. Donald Riley, PhD, Cathy Tait, Duncan Tait, Leona Whiting, Wayne Whiting, Helen Purdy, Dean Purdy, Tony Chang, Tylan Chang, Tyson Chang, Dr. Dean Hildebrand PhD, Amanda Schmitz, Kimberly Purdy, Barolina Marte Rosario, Dr Felicity K. Hardwick, Dr. Andrew A Nadon, Sally Boxall, Jim Booi, Kari Mentein, John Martin, Alan Cavin, Barbara Zapshala, Robbyn Borland, Denie MCCoy.

  16. Order a full accounting of why Kelvin Purdy was prejudicially placed in at Pacific Institution / Regional Health Center Psychiatric Hospital after less than one year of Federal incarceration at Pacific Institution Unit U without reason or any incidents or psychiatric review or assessment being done since being placed there on 2006/11/23 which signifies a clear defence backed by CSC for Not Criminally Responsible.

  17. Order a discovery item #00275 Touch CPU, Property of Stephanie Purdy, Mod# EN7237, S/N 0925632, a computer system handled by Cst. Rupa on 2005/05/25 and marked as exhibits 2005/06/14 given as payment to Stephanie Purdy for her coerced testimony and why under a general order of fairness, no computer system was given to Kelvin Purdy's other needy children Kimberly Purdy and Amanda Schmitz.

______________

Justice
APPENDIX VII

Form A

Ineffective Assistance of Trial Counsel

Court of Appeal File No.: CA033639

COURT OF APPEAL

BETWEEN:

REGINA

RESPONDENT

AND:

KELVIN KINGSBURY PURDY

APPELLANT

NOTICE TO REGISTRAR

The Appellant, Kelvin Kingsbury Purdy, hereby gives notice to Kenneth Madsen, Crown Counsel for the Respondent, Ministry of Attorney General, Mayland McKimm, Susan Wishart in the British Columbia Court of Appeals that one of the grounds of appeal raised which will be argued on this appeal at the next court date, is the ineffective assistance of counsel at trial and appeal in that the accused was mislead and prejudiced in his defence and appeal.

It has come to the attention of the appellant on June 15, 2010 that a Dr. Donald Riley PhD a prominent USA DNA expert was retained by the defence and was paid by Legal Aid. Dr. Donald Riley was available to testify, and was paid to be led as a DNA expert during the 2005 trial to scientifically eliminate Kelvin Kingsbury Purdy as the suspect in this murder by his exculpatory analysis of all the data and to put forward and lead the DNA evidence of another male suspect found and prove cross contamination did occur during the collection, movement and testing of items for DNA analysis by Cst. Holly Ann Turton.

Defence counsels Mayland McKimm and Susan Wishart performance was so deficient and their sudden deliberate omission in not leading any DNA expert was so serious that they were no longer functioning as "counsel" guaranteed to the defendant during trial and so the appellant was prejudice by the counsel's continued unprofessional errors, the result of the proceeding would have a real possibility of being different had an expert scientifically excluded the appellant by DNA exclusion and submitted scientific evidence that another male suspect was at the crime scene that did not match the appellant during the trial as DNA evidence was a key issue in this trial. Counsel seemed to switch from acting as my counsel to acting for and as Crown counsel.

Counsel clearly was not acting as "Counsel" by them refusing to file any arguments on my behalf on my appeal on Length of sentence (parole) which resulted in a 13.3 motion being initiated by the Registrar. Then in January 12, 2009 counsel not speaking on my behalf for non filing materials directed against Susan Wishart and Mayland McKimm. Their inaction clearly shows the ineffectiveness of counsel's conduct during my entire case.

The ineffectiveness to counsel's conduct in not leading DNA expert Donald Riley PhD, especially defence counsel not filing obstruction of justice charges or perjury charges when directed to by Kelvin Purdy when key witnesses deliberately lied to police and during court while under oath and not forwarding a charge against Crown for admitting to tampering with a child witness during trial when Crown counsel commented in court during a recess break that: "Stephanie will say whatever I tell her to say...ha ha ha", Counsel Susan Wishart did on my behalf then respond quickly with: "No !".

Then my counsel without talking to Crown back stepped and tried to say that Crown was just making a funny joke about their witness that the court recorder, sheriffs, RCMP and both Crown were all laughing about this deliberate tampering of a child witness, although I found that this was not a joke and as several family members heard this and wished to testify on this biased and clearly prejudice comments by Crown during trial but defence counsel refused to allow my supporters who heard this or myself to take the stand against my repeated requests to do so which was clearly prejudice and unfair in that I was not allowed to testify.

The judge even deliberately turned off the camera during trial proceedings during my video conference and denied me personal access to counsel during this so that I was not allowed to hear my own court trial or submit questions for cross examination of Stephanie Purdy. As neither counsel were physically with me but were ordered to be during her testimony.

Counsel did not order a requested inmate owned computer system while I was in Provincial and Federal detention, and did disclose sensitive case files to family without my authorization (eight boxes) and furthermore, disclosing two boxes to Bibhas Vaze when directed numerous times to send all case materials (ten boxes) directly to myself Kelvin Purdy residing at Pacific Institution so I could properly prepare my defence in the Supreme Court of Canada and in this appeal and, for not allowing access to my own case files until this year 2010 and,

Counsel did coerce by the personal threats during trial in both threatening to leave me during the end of the trial process if I took the stand in my own defence which I demanded and expected to do and as several defence witnesses requested to take the stand in my defence. I am still in shock from this bullied behaviour of counsel and them forcing me to sign a waiver under threat. I informed counsel of the RCMP threats against my life while at RCMP cells, this was also ignored. I was denied medical treatment when the RCMP ripped off my bandages to take photos of my hand and tore out stitches and was denied shower facilities while in dirty and wet RCMP city cells and during court I informed counsel of the sheriffs weekly denial of court meals during proceedings which was unfair as family could not bring in food for me during the trial.

This so undermined the proper functioning of the adversarial process that the 2005 trial and subsequent conviction appeal that I was denied to partake in challenges to facts as noted in my appeal book to re opening this decided case application cannot be relied on as having produced a just result but resulted in a miscarriage of justice especially when another male suspects DNA was clearly identified at the crime scene and Kelvin Purdy's DNA was not and the proven vehicle cross contamination by Cst. Holly Ann Turton clearly shows prejudice, tunnel vision and a miscarriage of justice having occurred when these key facts and Charter infringement violations are continuously ignored by the courts.

A defence of NCRMD is requested due to the fact of being prejudicially placed at Pacific Institution Regional Treatment Center Psychiatric Hospital since 2006/11/23 without any assessment by any psychiatric doctor since then which is clearly an unusual and unfair treatment of someone who is sane and in violation of s.12 of the Canadian Charter of Rights and Freedoms.

August 3, 2010

Dated at Abbotsford, British Columbia, this 3rd day of August, 2010.

Kelvin Kingsbury Purdy, Applicant (appearing in person)
APPENDIX VIII

Notice of Application to Stay Proceedings for Abuse of Process

and for Unreasonable Delay (Charter, ss. 11 (b); 24 (1))

Court of Appeal File No.: CA033639

COURT OF APPEAL

BETWEEN:

REGINA

RESPONDENT

AND:

KELVIN KINGSBURY PURDY

APPLICANT

(self counsel)

NOTICE OF APPLICATION

TAKE NOTICE that an application will be brought on the next available court date and in person court appearance of Kelvin Kingsbury Purdy at the British Columbia Court of Appeals in Vancouver, British Columbia for an order staying proceedings against the applicant on an information murder containing (1) count of second degree murder. And that part remedy by additional costs associated will be sought later.

THE GROUNDS FOR THE APPLICATION ARE:

  1. Motions dated 20 August 2008, not heard in a reasonable amount of time (30 days upon filing),

  2. Appearance of Prejudice by not addressing Correctional Service Canada (CSC) continued refusal to disclose time sensitive privileged case files to the applicant so that he can properly prepare his defence,

  3. Violated Rule 45(2) of the Court of Appeal Rules which resulted in a clear Charter violation s.7 in that deliberate delay tactics of Crown in changing court chambers agreed upon court jurisdictional arguments and appearance in person in Victoria from 8 June 2010, at 10:00 AM to 9 June 2010, at 01:30 PM and not properly informing the applicant of the new date and time so that witnesses and support could be properly notified and arranged resulted in witnesses becoming adverse to the applicant,

  4. Refusing to allow the applicant to appear in person after repeated requests to do so is in violation of s.688 C.C.C.(2) an appellant who is in custody is entitled, if he desires, to be present at the hearing of the appeal,

  5. Court not following court rulings in Appeal Book page#167 [23] re daughter testifying without accused present, Taylor J. September 9, 2005. This was not followed by Transcript Vol. 3. p. 475 [lines 19 to 22] to 478 Justice Taylor deliberately with prejudice turned off video camera and Mr. Purdy was not allowed to be present during his own court trial:

  19. THE COURT: Try to, turn the camera off, please.

  20. Turn the camera off in the other room,

  21. Please, or the monitor.

  22. Thank you.

  6. and by Transcript Volume 4. p. 495 Both Ms. Wishart & Mr. McKimm were physically present in court lines 35 to 37 while Kelvin Purdy was in another building by way of video conference and therefore did not have immediate physical access to counsel except by use of a telephone.

  7. Court refusing to address the repeated challenges to facts by the defence including NEW DNA exculpatory evidence and the evidenced Payless Surveillance Video Tapes dated December 12, 2003, which has Kelvin Purdy's vehicle seen arriving at 6:32 AM at the Duncan Payless Gas Station which is clearly in contradiction to the court page 219 [22] Reasons for Sentence Taylor J. 25 November 2005, and appeal courts.

  8. and Kelvin Purdy never did say he was at Tim Horton's as suggested by the court as he was not allowed to take the stand but this was an alleged theory first put forward by the RCMP while first questioning Jennifer Whyte during the 2003/12/12 interview in Duncan RCMP soft interview room at 10:22 AM by Sergeant Derek Crawford. Mr Crawford was prompting and coercing this witness an improper false fact as heard during the first taped interview with the RCMP Sergeant Crawford prompting: "He was telling you he was at Tim Hortons" Which she denied, but put forth the alibi off seeing Kelvin Purdy "He was leaving twenty to seven to go get milk, That's all, I could be wrong." and later, that Kelvin Purdy was only away from the apartment for under an hour "1/2 hour gone, no 45 minutes, 7:30 Kelvin back", this alibi confirms that I left around 6:30 AM, in another interview with police Jennifer Whyte stated that Kelvin Purdy gave milk to her son at 6:00 AM in the apartment just 20 minutes before the alleged crime in Nanaimo an hour drive away.

  9. Deliberate continued delay and frustration in this appeal in Crown not allowing scientific testing for discovery of certain key exhibits by Defence prior to jurisdictional arguments,

  10. Such further and other grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLIATION,

THE APPLICANT RELIES UPON THE FOLLOWING:

  1. original application dated 20 August 2008: APPELLANT'S LEAVE TO APPEAL TO RE OPEN DECIDED CASE,

  2. Court Chambers 12 January 2009, Motions deferred to 9 March 2009.

  3. Court Chambers 9 March 2009, No Judge appeared, waited for new date expected within a week or two to be set by registrar,

  4. Letter of complaint to Registrar in late 2009 for unreasonable length of time for a new court date for ruling on motions,

  5. Court Chambers 8 March 2010,

  6. Court Chambers 19 April 2010,

  7. Court Chambers 9 June 2010,

  8. Criminal Code of Canada,

  9. Human Rights Act,

  10. Canadian Charter of Rights and Freedoms, Sections 7 and 11(d) of the Charter protect, among other things, an individuals right to a fair trial.

  11. Letters to/from Legal Services

  12. Emails from counsels Mayland Mckimm & Sue Wishart

  13. Emails and letters from Donald Riley, PhD regarding comparisons and scientific DNA exclusions of Kelvin Purdy.

  14. Follow up comparisons and scientific DNA exclusions of Kelvin Purdy by Mr. Dean Hildebrand, PhD.

  15. The statutory power to admit fresh evidence on appeal is granted by s.683(1)(d) of the Criminal Code.

  16. 2009, 2010 Trial Transcripts and rulings, still waiting from the courts.

  17. Taped Interview 2003/12/12 10:22 AM from RCMP Duncan interview of Jennifer Whyte by Sergeant Derek Crawford.

  18. DVD of Cst. Holly Ann Turton walking around Nanaimo crime scene and picking up and being contaminated by DNA and blood from the crime scene which she then left and drove to Duncan and got in the passenger side of the vehicle and cross contaminated this vehicle with her not wearing protective clothing or gloves which is why there was no DNA of Kelvin Purdy in the vehicle but only the victim, an unknown male and a second female believed to be the profile of Cst Holly Ann Turton.

  19. NCRMD due to the fact of being prejudicially placed in the Pacific Institution/Regional Treatment Center Psychiatric Hospital since 2006/11/23 which is clearly an unusual and unfair treatment of someone who is sane and in violation of s.12 of the Canadian Charter of Rights and Freedoms.

  20. Family file No. ED037144 which was used during trial which was Charter infringement s.13 and s.12.

THE RELIEF SOUGHT IS:

  1. An order to stay proceedings,

  2. an order in the alternative for a new trial,

  3. an order for bail pending determination of this appeal,

  4. an order for a case management judge be assigned,

  5. an order for Correctional Service Canada (CSC) for disclose all case files and materials forthwith to Kelvin Purdy for his in cell use,

  6. an order for Correctional Service Canada (CSC) to allow Kelvin Purdy an inmate owned computer system with DVD ROM, burner, scanner and printer and current operating system (PC or Macintosh) and all legal discs,

  7. an order for Correctional Service Canada (CSC) to allow Kelvin Purdy to use in his cell his Playstation 2 system he bought and was able to use in his cell while detained at VIRCC,

  8. an order to allow Kelvin Purdy to purchase over 20 stamps from canteen,

  9. a return to Kelvin Purdy of all seized items in this investigation (Code, ss. 490(7);(8);(9)(c)),

  10. a change of Venue of Trial to Vancouver (Code, s. 599 (1)),

  11. an order for discovery testing items identified by defence including Jennifer Whytes profile for the scientific elimination of suspects pursuant to s.605 of the Criminal Code of Canada.

  12. an order for testing Cst. Holly Ann Turton profile for discovery and scientific elimination as a suspect in cross contamination pursuant to s.605 of the Criminal Code of Canada.

  13. an order that costs for witness testimony & travel costs of Dr. Dean Hildebrand and Dr. Donald Riley be paid by LSS or Crown.

  14. costs for charter s.7 & s.11 violations for damages by misbehaviour on the part of the authorities (CSC) re: Cameron Ward (2010) SCC.

  15. an order for all defence costs on DNA discovery testing and analysis be paid by Crown or Legal Services Society,

  16. an order for a case judge be assigned to this case to review the conduct of all past counsels of Kelvin Purdy since his detention in 2003/12/12,

  17. an order forthwith for a re opening this decided case based upon unreasonable treatment and cruel punishment that Mr. Purdy has unfairly suffered while being unjustly detained in a psychiatric hospital for an unreasonable amount of time being over four years without any psychiatric assessment being done on his person,

  18. an order forthwith for a new trial based upon the prejudice psychiatric hospital (Pacific/RTC Psychiatric Hospital, Unit C) detention since 2006/11/23, a CSC practice that is cruel and unusual treatment and punishment for any sane person given the unfair stigma put on by this clear Charter violation of s.12 as only a proper jury should determine if a person is NCRMD not CSC.

  19. an order for exoneration or in that alternative a re opening of this already decided case based on appearance a miscarriage of justice may have occurred,

  20. or such further or other order as this Honourable Court may deem appropriate.

THE APPLICANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO THIS APPLICATIO BY SERVICE UPON REGULAR MAIL

Dated at Abbotsford, British Columbia, this 3rd day of August 2010.

Kelvin Kingsbury Purdy, Applicant (appearing in person)
APPENDIX IX

FILE: 34391

IN THE SUPREME COURT OF CANADA

ON APPEAL FROM THE BRITISH COLUMBIA COURT OF APPEAL, FROM THE DISMISSED JUDGEMENTS: C.M. HUDDART, K.C. MACCKENZIE AND M.E. SAUNDERS JJ.A. PRONOUNCED ON MARCH 7, 2008, IN VICTORIA, BRITISH COLUMBIA COURT OF APPEAL FROM THE SUPREME COURT OF BRITISH COLUMBIA, FROM THE JUDGMENT OF THE HONOURABLE MR. JUSTICE TAYLOR, PRONOUNCED ON THE 14TH DAY OF OCTOBER, 2005, AND FROM THE SENTENCE PRONOUNCED ON THE 25TH DAY OF NOVEMBER, 2005.

BETWEEN:

KELVIN KINGSBURY PURDY

APPELLANT

(Applicant)

AND:

REGINA

RESPONDENT

(Respondent)

NOTICE OF APPLICATION FOR LEAVE TO APPEAL

(Code, ss. 691(1)(b), (2)(c); 692(1), (2), (3)(b))

BAN ON PUBLICATION

Criminal Appeals and Special Prosecutions

Solicitors for the Respondent, Crown Counsel, Criminal Appeals

Mr. Kenneth D. Madsen

Mr. Robert E. Houston, Q.C.

Ministry of Attorney General

3rd Floor, 940 Blanshard Street,

Victoria, British Columbia, V8W 3E6

Telephone: (250) 387.0150

Facsimile: (250) 387.4262

Kelvin Kingsbury Purdy, Self Appellant

Pacific Institution, Psychiatric Hospital, Unit C

P.O. Box 3100,

33344 King Road,

Abbotsford, British Columbia, V2S 4P4

PART I, STATEMENT OF FACTS

  1. Mr. Purdy was arrested on December 12, 2003, and not read his rights.

  2. On December 12, 2003, the RCMP assigned their counsel Stephen Taylor for Mr. Purdy and refused him family counsels or preferred PrePaidLegal counsels.

  3. Mr. Purdy fired Stephen Taylor after bail hearing on April 20, 2004, when counsel refused to speak up for defence during hearing or demand exculpatory DVD evidence that Crown admitted to knowing the RCMP had in their possession in chambers. Mr. Purdy was forced to ask the court for help in full disclosure especially the DVD exculpatory evidence of Mr. Purdy being in Duncan, BC at the time of the offence in Nanaimo, BC, still to this date, defence has not received all evidence or discovery asked for and held by Crown.

  4. Mr. Purdy retained and requested counsels Mayland McKimm and Susan Wishart get him an inmate owned computer system so that he would be able to help and review materials before, during and after trial but, counsels ignored his instruction and denied his requests to allow him to review all case materials and denied him further discovery testing and analysis that could have scientifically excluded him earlier at the onset of the investigations.

  5. Mr. Purdy had a trial before Mr. Justice Taylor and a jury that started on May 15, 2005, and ended on October 13, 2005.

  6. On October 14, 2005, before Mr. Justice Taylor and a jury, the Appellant was convicted of the December 12, 2003, murder of Denise Purdy. On November 25, 2005, he was sentenced to life imprisonment with parole eligibility set at 19 years without any jury recommendation.

  7. On November 25, 2005, the Ministry of Public Safety and Solicitor General assigned Federal Unescorted Temporary Absence Date: 2010.01.23 and Day Parole Possible Date: 2013.09.25 and Full Parole Possible Date: 2014.03.25 and Statutory Release Date: 2022.07.25 and Final Warrant Expiry Date 2030.11.24

  8. On December 23, 2005, the Appellant filed a Notice of Appeal in BC Court of Appeal, appealing both his conviction and sentence. The Court of Appeal file number is CA033639. The Appellant was represented by counsel and the appeal from conviction was heard on December 11, 2007, & December 12, 2007, in Victoria, British Columbia with counsels Mayland McKimm and Sue Wishart, Mr. Purdy wished to attend in person for his appeal but it was again ignored.

  9. Mr. Purdy requested counsels Mayland McKimm and Susan Wishart again to get him an inmate owned computer system so that he would be able to help and review all materials for appeal but, counsels again ignored his instruction and denied his requests to review all case materials prior to and during his appeals.

  10. On July 3, 2007, the Appellant applied in British Columbia Supreme Court pursuant to section 487.05 of the Criminal Code for a warrant authorizing the taking of one or more bodily substances suitable for the purpose of forensic DNA analysis from Charles Panet and Cst. Holly Ann Turton. Charles Panet was Denise Purdy's boyfriend at the time of her murder and RCMP refused to investigate and scientifically eliminate him as a suspect. Cst. Holly Ann Turton was one of the police officers investigating the murder of Denise Purdy and in charge of the evidence and collecting of it without wearing proper protective gear ('white bunny suit and gloves') and is believed by many that she cross contaminated the evidence she handled and should be eliminated scientifically.

  11. The Appellant's application for a warrant authorizing the taking of bodily substances for the purpose of forensic DNA analysis was dismissed by Mr. Justice Bracken on July 3, 2007, without counsel as the case was funcus.

  12. The Appellant filed an Application for Leave to Appeal from Mr. Justice Bracken's order on August 13, 2007. A revised Application for Leave to Appeal was filed on September 12, 2007, without counsel, File: CA035316.

  13. On November 27, 2007, the Applicant filed a Statement of Reply to Appeal No. CA035316 'DNA WARRANT' without counsel even though counsel was requested and an inmate owned computer system was requested.

  14. On November 29, 2007, the Application for Leave to Appeal No. CA035316 'DNA WARRANT' was dismissed for want of jurisdiction by the Honourable Madam Justice Huddart without counsel even though counsel was requested and an inmate owned computer system was requested again so as to properly defend himself in his appeals but the motions were not addressed.

  15. On March 7, 2008, the Court of Appeal for British Columbia dismissed his Appeal of Conviction No. CA033639 by the Honourable Madam Justice Huddart, the Honourable Mr. Justice Mackenzie and the Honourable Madam Justice Saunders, again motions for computer, in person attendance and requests for funded counsel were prejudicially ignored because he was indigent.

  16. Family of Kelvin Kingsbury Purdy then retained a lawyer: Bibhas Vaze, Phone 604.852.5110, at 2459 Pauline Street, Abbotsford, British Columbia, V2S 3S1 to represent and to modify the self represented Kelvin Purdy Leave to Appeal Application in the Supreme Court of Canada and to apply for counsel costs as Kelvin Purdy was/is not able to afford counsel for himself as he is indigent, Mr. Bibhas Vaze arranged with Crown counsel for an extension of time for the SCC application for Leave to Appeal and no date was set for agreed upon extension.

  17. After Kelvin Purdy lost the conviction appeal in early 2008, Kelvin Purdy's family hired a private investigation firm to acquire the DNA genetic profile of Charles Wilson Panet and see if it matched the unknown DNA the RCMP found and who Cst. Sorab Rupa the lead RCMP investigator said, "Charles Panet is not a suspect and will never be one." This statement by police shocked family and proved that the lead RCMP officer was biased and clearly not being impartial in this investigation by his tunnel vision and continued faulty and cross contaminated police investigation. Hundreds of complaints against the RMCP were filed against him by the general community public but all were clearly ignored because of the RCMP investigating themselves.

  18. After a month of investigation, the genetic profile of Charles Panet was collected on 21st May 2008, at 5:49 PM and tested and a surprising partial match was found in his profile belonging to and matching the unknown DNA collected and presented in court.

  19. Because this crucial new DNA evidence was believed to be of sufficient weight to rationally support an inference of proof beyond a reasonable doubt by rational connection by the certificate Genetrack Biolabs DNA Identity Test Results "Spittle" and Affidavit of Service of Kurt T. Opsahal who links Charles Panet to the DNA spit, so by definition a specific allegation based upon a scientific inquiry.

  20. Mr. Purdy applied to the BC Court of Appeal on 28 August 2008, for a motion to Re Open his Decided Case CA 033639 FSA,

  21. While waiting for a court date, the DNA evidence was then sent to an expert DNA analyst: Dr. Dean Hildebrand, a professor at BCIT who trained several of the Crown experts. Dr. Hildebrand concluded that the "Spittle" sample and the sample of Mr. Kelvin Purdy were both scientifically DNA excluded from the Vehicle, the Knife Sheath and the Purse samples.

  22. Appeal to re open was postponed on January 12, 2009 to March 9, 2009 due to Mr. Purdy acquiring counsel Mr. Bibhas Vaze and he retained Mr. Michael Fox.

R. v. Purdy, [2010] Transcripts January 12, 2009

  23. Court Appeal to re open decided case was not heard on March 9, 2009 and no new date was set until after Mr. Purdy filed a complaint against the Registrar for not setting a new court date for his application to re open decided case.

R. v. Askov

  24. Registrar set new court date in BC Appeal Court on March 8, 2010, but it was again postponed and unjustly delayed until June 8, 2010.

R. v. Purdy, [2010] Transcripts March 8, 2010

  25. CSC deliberately intercepted privileged case files to Mr. Purdy on 10 May, 2010, without a warrant and refused to disclose these vital privileged case materials to him for his appeals, that being 8 boxes of his trial materials.

R. v. Purdy, [2010] Transcripts,

June 9, 2010, & September 13, 2010

  26. BC Appeal Court on June 9, 2010, Defence argued again to Charter violations by Crown and Court that no proper notice of change of date and time and further denied the opportunity to appear in person for his appeal, the defence requesting courts for full access to case files being denied by Correctional Service Canada (CSC) and again for a computer system for purchase so to properly prepare and make full answer and defence s.7 for his appeal in BC Court Appeal and SCC –Motions but all were prejudicially ignored by the BC court of appeal.

R. v. Purdy, [2010] Transcripts June 9, 2010

  27. On June 15, 2010, CSC disclosed one (1) random box of eight (8) privileged case files but CSC refused to allow full access to all other 7 boxes of legal case files and thus CSC interfered in the administration of justice in a court proceedings and obstructed justice by interfering with court proceedings and therefore denied appellant Charter right for full answer and defence, defence asked for monetary compensation in this deliberate Charter infringement in the amount of $5,000.00 per legal box of case materials 8 (boxes) x $5,000.00 = $40,000.00 against Crown and CSC, this was ignored, and is again requested here in the SCC.

  28. BC Appeal Court on September 13, 2010, defence complained again that Mr. Purdy was unable to properly prepare and make full answer to his defence without an inmate owned computer system with DVD ROM burner, scanner, printer or full access to all his case files still being deliberately denied to him by CSC and Crown in deliberate, malicious and prejudice frustration of his appeal.

R. v. Purdy, [2010] Transcripts January 12, 2009

R. v. Purdy, [2010] Transcripts March 8, 2010

R. v. Purdy, [2010] Transcripts June 9, 2010

R. v. Purdy, [2010] Transcripts September 13, 2010

  29. BC Appeal Court prejudiced dismissed application to re open decided case without giving Mr. Purdy the proper tools (computer system) or court ordered access to all his case files so that he could make full answer and defence (s. 7 Charter breach) which the court did say he would need by the summer 2010.

R. v. Purdy, [2010] Transcripts June 9, 2010

R. v. Purdy, [2010] BCCA 413

  30. The court of appeal has the power to quash a conviction where the trier of fact reached an illogical conclusion from the evidence or erred in appreciation of the evidence.

R. v. Sanghi (1971), 6 C.C.C. (2d) 123 (N.S.C.A.)

  31. As Mr. Purdy stated on record that CSC deliberately withheld his case files and continued to deny him his right to make full answer and defence s.7 Charter infringement, the BC Court of Appeal was obligated to right this infringement by remedy in the very least postponing the September 13, 2010, appeal like it did on June 9, 2010, and issuing for the appearance of fairness the required court orders for forthwith full disclosure and issue an inmate owned computer system with DVD ROM burner, scanner and printer so that for fairness he could make full answer and defence, being denied these motions is an injustice and an appearance of unfairness is a miscarriage of justice.

"Anyone whose rights or freedoms, as guaranteed by the Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances." Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624 at 644, 151 D.L.R. (4th) 577.

R. v. Purdy, [2010] Transcripts June 9, 2010

R. v. Purdy, [2010] Transcripts September 13, 2010

NATIONAL SCOPE AND PUBLIC IMPORTANCE GENERALLY

The issues raised by the Appellant are national in scope, and of general public importance.

Issue 1:

Where a suspect has been scientifically cleared by DNA exclusion, is not the Crowns case over? Once any court is made aware of the evidence, should the accused not be fast tracked and forthwith released on bail as a right to be presumed innocent until exonerated in the courts with jurisdiction to accept the evidence?

  7. There is no way to determine the impact of fresh evidence on the jury's deliberations, the only remedy is for this Court to allow the application to adduce fresh and new exculpatory evidence including these two DNA experts Dr. Dean Hildebrand (Tab 1) and Dr. Donald Riley (Tab 2) and order a new trial.

  8. The continued conviction of Mr. Purdy would amount to a miscarriage of justice if an opportunity was not provided forthwith for a jury to consider the fresh and new evidence of Dr. Dean Hildebrand and Dr. Donald Riley and other witnesses that have come forward;

  9. The case has been heard on the merits but the applicant has shown that a significant aspect of the case resolved around DNA evidence identifying a partial match to Mr. Purdy by the Crown experts, the court clearly overlooked and misapprehended the scientific DNA evidence of the Unknown Male DNA and Unknown Female DNA discovered at the crime scene and in the vehicle as those may have also identify a clearly different suspect along with the new scientific exclusion of Mr. Purdy, the jury and courts had the right to know this crucial evidence that was not made available during the trial.

  10. DNA analysis has proven to be formidable in combating wrongful suspicion, charging and conviction. The miscarriage of a wrongful conviction is the exclusionary power of forensic DNA analysis which has eliminated a person being falsely charged and prosecuted. As Mr. Purdy has been scientifically eliminated from the crime scene the only other male DNA found could only come from an alternative suspect.

  11. An accused person should be able to adduce evidence which may conclusively demonstrate that he is not the culprit. Exclusion is based on the Frye test.

  12. It must be understood that DNA forensic testing of a suspect's bodily substance has the very real potential to eliminate a person being falsely charged and prosecuted.

  13. In Canada, the power of a court to overturn a jury verdict on the grounds of perversity is codified in the Criminal Code, section 613(1)(a)(i), which allows the court to set aside a verdict "on the ground that it is unreasonable or cannot be supported by the evidence."

  14. There is no system in place in Canada today to fast track a convicted person through the courts who has been scientifically DNA excluded, as Mr. Purdy has been by two experts Dr. Dean Hildebrand and Dr. Donald Riley. It is prejudicially unfair that there is not such a system in place after all the recommendations of previous DNA wrongful convictions and inquiries.

  15. There has been an appearance of unfairness in the right to be presumed innocent in Mr. Purdy's case to re open his decided appeal in the lower British Columbia Court of Appeal as the court was clearly made aware of Mr. Purdy's innocence by scientific DNA exclusion in 2010, yet the courts failed to address his repeated requests for bail pending determination of his appeals which was clearly prejudice or expedite his appeal process by assigning the pleaded requested legal counsel to help him which was clearly prejudice.

Issue 2:

  1. If a suspect has been scientifically DNA eliminated and excluded from the crime scene, should not the Defence counsel have a duty to promptly inform the accused, Crown and the courts of that fact?

  2. Should not the accused be informed that a DNA expert was made available, paid for by legal aid and willing to take the stand in his defence?

  3. If counsel(s) withheld crucial exculpatory expert DNA evidence, should they be immune to bad faith conduct by breached rules of ethics warranting sanctions? and should counsel(s) be immune from disbarment even if they are now a justice?

  4. Where a suspect has been scientifically DNA excluded during trial, should the court not have issued a directed verdict to acquit?

  16. a) In practice, a non match as a result of the DNA profiling means a prosecution is over; see R. v. Parent (1988), 46 C.C.C. (3d) 414 at p. 420, 65 Alta. L.R. (2d) 18, A.R.307(Q.B.), where Roslak J. states: "In my view, since the accused has been absolutely eliminated from counts 1, 3, 4 and 10, by scientific evidence..." (emphasis added).

  17. b) DNA exculpatory evidence is now the Gold standard in Canada that points and clears the way of a suspect, all results should be disclosed to the accused, especially if it was discovered by his/her own counsel and more so if the results are favourable to the accused. When counsel fails to inform their client of their scientific exclusion crucial facts, they are no longer acting as "counsel for the defendant" and should be reprimanded and if it involves a wrongful conviction, disbarment.

  18. If Mr. Purdy had known of his scientific exclusion to the crime scene and that an expert was flown in during his trial, he would have demanded that the expert Dr. Donald Riley be put on the stand to contradict and prove to the jury that he was scientifically excluded as a suspect. For then, the Crowns case would have been over, and an entirely different outcome would have occurred.

  19. Mr. Purdy, a defendant whose genetic profile has been excluded, wishes to go further and claim the benefit of the science of population genetics by having the opportunity to state to the court and jury: "Not only do I not match the profile of the culprit, but, as well, you must understand that the chances are 386,000,000 to 1 that the culprit will have a particular genetic profile which does not match mine."

  20. c) For no one person, group or organization should be above the law. This has been shown in Krieger:

"[58] ... A prosecutor whose conduct so contravenes professional ethical standards that the public would be best served by preventing him or her from practising law in any capacity in the province should not be immune from disbarment. Only the Law Society can protect the public in this way."

Krieger v. Law Society of Alberta [2002] File No. 28275

  21. DNA exclusion did occur with Mr. Purdy and was ignored by Crown and the Courts during trial and no investigation or scientific elimination of officers involved due to unknown DNA and cross contamination ever occurred even though it was asked by Mr. Purdy to his trial Counsels. The court was obligated to dismiss any and all evidence relating to unknown DNA as cross contamination when it was discovered. As the Crown failed to prove that cross contamination did not occur in this case.

  22. It is appalling and shows bad ethics and standards that both defence counsels Mayland McKimm and Susan Wishart refused to inform Mr. Purdy of the fact of Dr. Donald Riley involvement and scientific analysis and exclusion of Mr. Purdy during trial. Had Mr. Purdy known he was scientifically excluded by Dr. Donald Riley, he would have demanded that the expert who was available and in court during his trial be put on the stand and be allowed to put on record that Mr. Purdy's exclusion and the confirmation that another unknown suspect's DNA was discovered and so scientifically raises a reasonable doubt to the jury.

  23. d) A directed order to the jury to 'acquit' should have been issued when scientific DNA exclusion occurred not only by Crown experts but also when the defence Counsel knew by results of DNA expert Dr. Donald Riley that their client had been scientifically excluded.

  24. The defence Counsel had an obligation to disclose this fact to their client, the Crown and to the trial Judge forthwith and in chambers especially when a suspect has been DNA excluded by scientific means.

  25. Mr. Purdy's trial by law should not have proceeded when his DNA exclusion fact was known and a possible wrongful conviction was still being sought by Crown, unsupported by scientific analysis by DNA experts that later were quoted by Crown as 'we do not dispute those findings' during appeal hearings. The fact that Dr. Dean Hildebrand also was the BCIT instructor teaching the Crown's DNA experts and informing the defence that the Crown's experts findings were wrong and furthermore that Mr. Purdy was scientifically excluded as a contributor and another unknown male and female was discovered in the samples, had the jury known the errors made by Crown experts, it clearly could and would have altered their decision.

R. v. Purdy, (2005) Trial Transcripts 1523 and 1543

R. v. Purdy, [2010] CA33639 Transcripts January 12, 2009

R. v. Purdy, [2010] CA33639Transcripts March 8, 2010

R. v. Purdy, [2010] CA33639 Transcripts June 9, 2010

R. v. Purdy, [2010] Transcripts September 13, 2010

Issue 3:

Where a question in issue is the eyewitness identification of an inanimate object, as opposed to the eyewitness identification of a person, should the admissibility of that eyewitness evidence nevertheless be considered in light of the recommendations of the Sophonow inquiry?

  26. An issue raised by the Appellant concerns the identification procedures that ought to be employed in the identification not of persons, but of inanimate objects.

  27. Notwithstanding that the identification of objects, such as weapons, clothing, vehicles, etc, is a crucial evidentiary issue that arises in many criminal cases, there is very little jurisprudence on the proper procedures to be followed in determining the admissibility of evidence of the identification of such objects.

  28. A few cases have held that the evidentiary rules that apply to the admissibility of the identification of persons ought to apply equally to the identification of inanimate objects. However, despite the crucial evidentiary importance of such identification evidence in many criminal cases, there is very little jurisprudence governing how such identification evidence ought to be treated. This is an area that is ripe for intervention by the Supreme Court of Canada.

  29. The identification of inanimate objects, as opposed to the identification of persons, is an issue that arises frequently in the context of criminal trials.

  30. Objects such as knives, clothing, and vehicles are examples of inanimate objects whose identification can be an important factor in the conviction or acquittal of the accused.

  31. The Newfoundland and Labrador Supreme Court cited with approval from Eyewitness Identification, a System Handbook by Gary L. Wells, Ph.D.: As a general rule, the identification of voice, clothing, or other objects should be conducted in a manner that is directly analogous to conducting a photo spread or lineup.

R. v. Whalen, 808 A.P.R. 286, at paragraph 59.

  32. The Whalen case was concerned primarily with voice identification. However, the text cited in Whalen elaborates on identification procedures to be used in the identification of inanimate objects:

"The general guidelines governing clothing lineups are directly analogous to those involved in a person lineup...These guidelines apply not only to the identification of clothing, but also to other objects such as guns, knives, masks, gloves, and so on. In general, any object that can be linked to the suspect on independent evidence and which the witness believes he or she can identify should be put in an object lineup with at least four functional foils (emphasis in original)."

  33. it must be noted that Stephanie Purdy's Charter s. 11(c) was breached in that the RCMP and Crown forced a child to testify against her own father and that she was coerced and given a 'gift computer' to alter her testimony to fit the Crown's theory. This was unfair as Mr. Purdy's other two children Amanda Schmitz and Kimberly Purdy were not given 'gift' computers. It is an appearance of unfairness in the trial and conduct of RMCP and Crown to give gifts for a favourable false testimony to an underprivileged child witness and in the eyes of the public, unethical. What child would not lie to get a bonus computer system? Just like Crown Prosecutor Mr. Frank Dubenski says "Stephanie will do and say whatever I tell her to" that was heard by many in the court chambers (Tab 15).

  34. and furthermore, new witnesses have now come forward after trial that clearly contradict Stephanie Purdy's altered testimonies. The summary being that Stephanie Purdy while at a time Mr. Purdy was living on Brickyard she went on an unauthorized sleep over at Mr. Panet's residence, in clear violation of a Supreme Court Order that the children not reside or be at his residence, she saw a sharp hunting knife under Mr. Panet's chesterfield while she was sleeping in a sleeping bag in front of his 'couch' and that Mr. Panet snatched his knife away from her. This she told to her aunt Cathy Tait the next morning after the sleep over. It was confirmed by RCMP members that Mr. Panet had several hunting knives and that he also lied about being reprimanded for arming himself with a hunting knife and machete at his work just days prior to the murder. Mr. Panet admits to 'losing a knife' during court 'because it was rusty'. It was unfair that Cathy Tait and other witnesses were not allowed to come forward and take the stand to contradict Stephanie Purdy's testimony during trial and clearly unfair that no testing or photographs were taken of Mr. Panet's hunting knives that the RCMP clearly saw at and around his residence.

Issue 4:

Where a witness is unreliable, but not of unsavoury character and thus not deserving of a Vetrovec warning, is any special warning to the jury merited?

  35. An issue raised by the Appellant concerns the nature of Vetrovec warnings, and how they should be applied in cases in which the witness in question is not clearly deserving of a Vetrovec warning, but is certainly close to being so.

  36. While the Supreme Court of Canada has made comments indicating that warnings to the jury regarding the evidence of problematic witnesses may be made along a spectrum, there is no clear ruling on this matter. Moreover, the practice of the carious courts of appeal of Canada has been inconsistent on this point.

  37. Whether a warning falling short of a "clear and sharp" Vetrocec warning ought to be employed is a question of national scope, and it is a question of public importance that ought to be resolved by the Supreme Court of Canada. Will this be resolved?

  38. The British Columbia Supreme Court, has said, in obiter, that there is a "hierarchy of situations" were Vetrovec warnings are to be employed. The British Columbia Court of Appeal found no error in these comments.

R. v. Wood, 2007 BCCA 563.

  39. The Supreme Court of Canada has also said that, while in some cases "a 'clear and sharp' Vetrovec warning may be required", in other cases "a lesser instruction would be justified".

R. v. Brooks, [2000] 1 S.C.R. 237.

  40. Thus, the Supreme Court of Canada appears to have indicated that trial judges may give Vetrovec warnings along a spectrum, with a "clear and sharp" Vetrovec warning at one end, and a "lesser instruction" at the other end.

  41. However, the various courts of appeal of Canadian provinces have ruled inconsistently on how warnings to the jury regarding the evidence of Vetrovec or possible Vetrovec witnesses.

  42. Some courts of appeal have held that, where the evidence of a witness ought to be scrutinized carefully, but where that witness falls short of deserving a full Vetrovec warning, no special warning or direction need be given to the jury.

  43. Other courts of appeal, however, (in particular the Ontario Court of Appeal) have held that, where the evidence of a witness ought to be scrutinized carefully, but where that witness falls short of deserving a Vetrovec warning, some form of warning or special direction ought to be given to the jury.

  44. R. v. Harriott (2002), 161 C.C.C. (3d) 481, the Ontario Court of Appeal indicated that Vetrovec warnings occur along a spectrum. At paragraph 41, the Court stated:

"The clearer and sharper a trial judge's warning about the testimony of an accomplice, the more likely it is that it will be accompanied by a full and robust review of potential confirming evidence. Thus, although the ultimate responsibility for deciding whether, and in what form, to make a Vetrovec warning rests with the trial judge (Brooks, supra, at p.229), trial counsel is in a particularly good position to assess whether, from the perspective of an accused, the trial judge has given an inadequate warning."

Issue 5:

Should the Crown not be obligated to instruct the RMCP to investigate and eliminate possible cross contamination of their members by scientific elimination?

  45. For no one person, group or organization should be above the law. This has been shown in Krieger, Tab 34.

  46. It is also the Crowns duty, policy and conduct implied promise to tread defence fairly and search for and present the true facts and not mislead the defence in the search for the truth which unknown DNA found by RCMP analysis reveals another suspect or cross contamination which is seen as a serious issue that is still unresolved and therefore incomplete investigation and unfair not to scientifically eliminate cross contamination from all members and people at the crime scene and involved in this investigation.

  47. Evidence is presented and clearly shown in photos of RCMP officers at the 2003/12/12 Nanaimo crime scene and the same officers going to a different location Duncan without changing their clothing, or putting on protective gear as in a white bunny suit, booties, gloves there is no doubt that cross contamination will occur as DNA is so minuscule that if one does not take the proper precautions there is a very real chance of contamination and cross contamination of evidence, refusing to eliminate these people scientifically puts the administration of justice into disrepute and is unfair for the defence.

  48. The courts erred in not ordering the DNA testing of all RCMP officers involved in the 2003/12/12 crime scene in Nanaimo to scientifically rule out their DNA as contributors to the unknown DNA discovered at that crime scene and in the vehicle that was searched by some of the same RCMP members and unknown DNA was discovered not coming from the suspect or the victim or in the alternative throwing out all mixtures with unknown DNA discovered because of the likely possibility of cross contamination.

  49. Having a three or more person DNA mixture runs the risk of improper identification of innocent persons that have just partial matches like Mr. Purdy who did not have a full match. Most people in the population will all have a partial match to any DNA profile, that is why DNA profiles are only used for 100% matches as no two people are identical. When a person only has a partial match, they are scientifically eliminated, just like Mr. Purdy who has been scientifically eliminated by DNA experts Dr. Dean Hildebrand and Dr. Donald Riley. (Tab 1, 2).

  50. The benefit of the doubt should have been given to Mr. Purdy on cross contamination and the Crown was (and still is) obligated to prove their case and should have demanded the DNA results from all RMCP members who attended Nanaimo LaSalle Road (Tab 20) on 2003/12/21 to rule out once and for all scientifically cross contamination and failing this, the courts should have intervened and eliminated and removed all the evidence of all unknown DNA which would be the knife sheath, the purse and the vehicle dash due to possible RMCP contamination and not stripped the right of the benefit of the doubt from the accused.

  51. ew any and all detention orders.

  52. Mr. Purdy was denied the right for bail and denied the right for a bail review which shows an appearance of unfairness in the court process.

Issue 8:

Where a jury member is known, should not residences that lived on the same street as the murder or known to the suspect been excluded from jury duty?

  53. It is well known that jury shopping by the Crown is a constitutional infringement and knowing that residences who lived on a street that a murder occurred can never be impartial when they just want a conviction on the first person they have before them.

  54. The comments being heard during court were "the RCMP arrested him, he must have done it"... "the court would have given him bail if they thought he was innocent."

  55. Jury members should not involve any friends of family of the accused, friends of the Crown, friends of the Defence, friends of the Justice of the proceedings as these people are always 'shopped' for by malicious counsel to get a favourable ruling by not being impartial.

  56. The following members of the jury and 'ringers for Crown' should not have been allowed in R. v. Purdy (2005) because they were known to family members and/or living on LaSalle Road where the crime occurred:

    1. Petrua Koman: family known neighbour for Mr. Purdy's mother Leona Whiting and step father Wayne Whiting.

    2. Neil Campbell: resident of LaSalle Road where the crime occurred and who clearly was not impartial and only wanted a conviction and total eviction of the Purdy family from LaSalle Road in Nanaimo.

  57. Mr. Purdy's complaints about having Nanaimo jury members should have been addressed and his request for a change of venue given to him especially when the BC Association of Specialized Victim Assistance and Counselling Programs published their Annual Report 2003 to 2004 stating that Mr. Purdy had murdered his spouse. This was published prior to his trial and made any BC jury member prejudice. (tab 6)

  58. A change of venue was asked to another province or at the very least to Vancouver, British Columbia should have been allowed for fairness.

Issue 9:

Is the defence not allowed full disclosure prior to trial from Crown and police?

  59. Full disclosure is the guiding principle for a fair trial s. 7 Charter violation and breach if this is not met and the Crown risks loss of its case.

  60. Mr. Purdy has been continuously denied full disclosure by CSC deliberately withholding his legal files by the Crowns instruction which resulted in his Charter right to make full answer and defence being breached and infringed in 2010 and especially on September 13, 2010, where Mr. Purdy did not have a fair trial where he lost his appeal to re open because he was denied access to his case files and the Appeal court refused to address the prejudice lack of an inmate owned computer system issue that continues to this present day.

  61. When an appellant has been unfairly prejudiced by the Crown's lack of non disclosure, the appeal court is obligated to intervene on the appellant's behalf for a fair trial. This did not happen in Mr. Purdy's case. The court should have intervened forthwith on January 12, 2009 and March 8, 2010, and on June 9, 2010, and again on 13 September 2010, and ordered full case materials be disclosed to Mr. Purdy so he could make full answer and defence forthwith and that he be allowed to purchase an inmate owned computer system with DVD ROM, burner, scanner and printer as he was without counsel and needed the materials.

R. v. Stinchcombe (1991)

R. v. McNeil (2009)

  62. Crown reluctant disclosure and continued non disclosure after trial and appeal resulted in an unfair trial and appeal, in one case showing that evidence identification was deliberately mislabelled to frustrate the trial and appeal, and continued frustrated further discovery testing that has been requested by Defence but continuously denied by Crown which denied the Appellant the right to make full answer and defence due to non disclosure and non production.

R. v. Bourget (1987) 56 C.R. (3d) 97, C.C.C. (3d) 371 (Sask.C.A)

"P has a duty to make timely disclosure to the defence of all evidence supporting innocence or mitigating the offence. Charter s. 7 gives the court broad power to promote the proper administration of justice by ordering disclosure and discovery of material and objects for the purpose of scientific testing."

Example: During Mr. Purdy 2005 Trial:

ITEM #182, DNA blood stain.

Identification Label after trial changed and reluctantly disclosed to defence:

ITEM #182, One consent DNA sample. Consent DNA sample taken from Jennifer Nicole WHYTE by Cst. TURTON HOLLINS. Please create a DNA profile, from this sample, for Jennifer Nicole WHYTE ....

  63. This brings the application to re test for discovery by defence for this item and others that the defence was denied discovery testing.

Issue 10:

Is the defence allowed to re test items deliberately mislabelled by Crown or the police and disclosed after appeal?

  64. It is clear that for a fair trial, all parties be allowed to scientifically analyse and test items being held by the RCMP, police, Crown failing this results in a s.7 breach of the charter and the right to a fair trial, s.7 gives the court the ability to order the testing and discovery even after trial and during an appeal which was denied to Mr. Purdy.

  65. The Crown is obligated under law to allow discovery testing of items requested by the defence for a fair trial and appeal process.

  66. A person is presumed to be innocent until he is proven guilty, and he is entitled to the benefit of every reasonable doubt that is raised in the case.

  67. The presumption of innocence remains true even after trial during appeal.

  68. It must be understood, that as DNA has played a key role in convictions, it also has led to the eliminating the accused as a suspect and as a source.

  69. It must also be noted, that new trials have been ordered because Crown's failure to disclose evidence and there is a reasonable possibility that non disclosure affected reliability of conviction and overall fairness of trial process and thus prejudice to right to fair trial.

R. v. Babinski (1999) 135 C.C.C. (3d) 1

Issue 11:

Where a person is unrepresented by counsel during appeals, should a suspect be allowed the tools to properly defend himself with an inmate owned computer system with DVD ROM, burner, scanner, and printer with copy functions and at least one full copy of all their transcripts paid for by Legal Aid available on CD ROM?

  70. s.7 again gives the court the power to issue the orders for a fair trial and appeal.

  71. It is under a general duty of fairness in that there is an obvious appearance of unfairness between inmates, in that some are allowed an in cell computer system and others are not. Under the Canadian Human Rights Act H 6 (5) this court should grant Mr. Purdy an inmate owned in cell computer system with DVD ROM, burner, scanner and printer with copy functions.

  72. When a person is unrepresented by counsel, the Crown is obligated to make sure that if the person has been detained, the required materials, tools, and services are available to that person to properly prepare and defend themselves, this should include CD ROM transcripts of their entire trial and appeals, when a person is granted bail, that obligation could be lifted from Crown, this has not happened in this case. (Tab 10 and page 79)

  73. Mr. Purdy has requested the proper tools (Tab 10) to properly prepare his own defence as he has been without counsel in his appeal to re open his decided case and his appeal to the SCC and complaints to the chief justice and all other requests for access were ignored by Crown and all motions prejudiced ignored by the courts because Mr Purdy is indigent.

  74. Furthermore, the courts have stated that Mr. Purdy needed a computer system on March 8, 2010, Madam Justice Huddart stated pages 13 lines 46 "You'll need certainly the summer probably and at that point you may well need the computer." and the computer issue continued until end of 15 but only after the application to quash has been dismissed, and it's been dismissed and Mr. Purdy has asked and still to this date has not been allowed a computer system that meets the defence needs and an appearance of unfairness and prejudice in the entire trial and appeal process to date against Mr. Purdy by refusing to grant Mr. Purdy his computer since his incarceration on 2003/12/12 so that he could make full answer and defence which is continuously denied to him.

R. v. Purdy, [2009] Transcripts January 12, 2009

R. v. Purdy, [2010] Transcripts June 9, 2010

R. v. Purdy, [2010] Transcripts March 8, 2010

R. v. Purdy, [2010] Transcripts September 13, 2010

R. v. Purdy, [2010] Chief Justice Complaint & Motions

  75. CSC has refused to issue an inmate owned computer system to Mr. Purdy without first getting a court order from the courts. CSC has in the past issued computers to inmates. (Tab 10)

  76. CSC has instructed Mr. Purdy to ask the courts for a computer system with scanner, burner and printer so that any alleged fire hazard by CSC would be eliminated by having so many case files stored in his cell and with the scanner and burner he could scan and burn CD/DVD discs of his entire case files but only with the courts help issuing this fairness motion.

  77. CSC has told Mr. Purdy that he can ask the courts for a computer system, with a burner, scanner and integrated web cam, printer with copy function so that he could scan and copy all his case files and materials including VHS tapes, cassette tapes onto DVD's and only then would he be allowed them into his cell as they would not be a fire hazard. Mr. Purdy has tried but the courts have been prejudice and ignored his pleadings for fairness.

  78. Mr. Purdy has repeatedly requested the courts for a computer system and the courts have refused to issue the required court order and so breached his s.7 rights which are again and will continue to be infringed until all the orders are granted for fairness and Mr. Purdy is allowed to prepare and give full answer and defence and this appearance of injustice is corrected.

Issue 12:

Are Crown witnesses immune from prosecution when they admit to Perjury and Obstruction of Justice during the course of a trial because the Crown gets a favourable conviction based upon admitted lies?

  79. Being immune from prosecution does not grant both parties a fair trial.

  80. There was an appearance of an unfair process on trial proceedings made the trial unfair and denied the Appellant the right to a fair trial.

  81. The defence proved by Crown witnesses admitting in court of their deliberate perjury and deliberate obstruction of justice by false statements to police for a conviction and wrongful arrest.

Example: Trial Transcripts page 739, Jennifer Whyte (for Crown) cross examined by Mr. McKimm (for Defence):

12 Q Well, so you lied under oath?

13 A Yes.

14 Q You did?

15 A Yes.

16 Q You deliberately lied under oath?

17 A I was upset during the time, though.

  82. Being upset is not reason to lie, Jennifer Whyte was prompted by Cst. Turton to lie and later in trial transcripts page 739 in lines 31 to 38 to admitting to lying to the police which clearly is obstruction of justice, it was an error of LAW to rely upon Jennifer Whyte admitted false testimony in any way in any of the courts rulings.

  83. The Crown and RCMP still has not disclosed the full particulars in regards to Jennifer Whyte's arrests and charges including those stayed for a favourable testimony in this case (2003/12/12 to 2005/12/12).

  84. It is an error of law and also a charge of perjury and obstruction of justice against Jennifer Whyte should have been initiated forthwith by the courts and counsels as is still recommended to this day by the defence. It is prejudicially unfair that Mr. Purdy remains incarcerated primarily due to deliberate perjury and deliberate false statements that are still relied upon as truth by the learned courts, each and all statements that Jennifer Whyte has made to the police and under oath should be considered a lie and not relied upon in any the courts rulings and judgements.

According to the Criminal Code of Canada:

**131.** (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

**132.** Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

R.S., 1985, c. C 46, s. 132; R.S., 1985, c. 27 (1st Supp.), s. 17; 1998, c. 35, s. 119.

  85. The administration of justice is called into disrepute because witnesses were observed by the public and defence being coerced, lying under oath and to deliberate obstructing justice by lying to police during taped police interviews and proven perjury during trial include: Stephanie Purdy, Charles Panet, Cst. Holly Ann Turton, Cst. Sorab Rupa, Jennifer Whyte.

Issue 13:

  1.     1. Where a person has an appeal in the courts, should Correctional Service Canada (CSC) be allowed to place a convicted person in a Psychiatric Hospital without any assessment and without any Psychiatric Doctor interviews for years at a time on the sole reason that they are claiming their innocence and refuse to admit to their indictment even though they are under appeal in the courts?

    2. Is this not unusual and unfair treatment of a prisoner in Canada?

    3. Should a defence of NCRMD be justified for this cruel and unusual treatment of a sane person?

    4. Should CSC be allowed to arbitrarily change because of appeals by appellants, assigned Federal Custody Report dates issued by the Ministry of Public Safety and Solicitor General for Unescorted Temporary Absences, Day Parole, Full Parole and Statutory Release?

  2. CSC has placed people in Psychiatric Hospitals year after year with no other reason than they are claiming their innocence and will not admit to a crime they did not do.

  3. The cruel and unusual treatment and punishment by CSC prejudicially placing without his consent Mr. Purdy on 2006/11/23 into Pacific Institution Psychiatric Hospital under threat he would be sent to Kent Institution and without any psychiatric assessment being done year after year because he is claiming his innocence with DNA proof, defence requests defence of NCRMD for this clear injustice and cruel and unusual treatment. The stigma of being in a Psychiatric Hospital now permanently attached to Mr. Purdy's file is cruel and unusual punishment that will follow him throughout his continued sentence. This Madam Justice Rowles admitted to having received Chief Justice Notice on line 35 page 1 of the September 13, 2010, proceedings.

  4. Upon placement in a Psychiatric Hospital, how many years must a person reside before they are assessed? It is believed that CSC should have to follow rulings on length of time at least similar or better than the court in granting a person a speedy trial. R. v. Askov et al., (1990)

  5. Should a sane person be subjected to this cruel and unusual treatment of being forcibly placed against their will in a Psychiatric Hospital under threat to be sent to higher security institution? Mr. Purdy was.

  6. A stay is the minimum remedy for an infringement of the right to be tried within a reasonable time. (s.11(b)) R. v. Askov et al., (1990)

  7. In the very least, in all circumstances, the period of parole eligibility is excessive (19 years) without a jury recommendation and should be reduced by this court. A motion for a reduction in parole eligibility is still unfairly pending in the BC Court of Appeals and has taken years since first filing for a hearing on December 23, 2005. R. v. Askov et al., (1990)

  8. Erroneous deductions from proven facts can be corrected but, only with the courts help and by issuing DNA elimination warrant orders it has the power to grant for a fair trial and appeal and scientific elimination of any possible cross contamination in the investigation process.

  9. The defence requests in the alternative, a court recommendation and order to house Mr. Purdy in a MINIMUM institution for the remainder of his Federal sentence as this would be a small step in accountability for Crown and CSC in the deliberate Charter violations and denied access to the materials and case files that occurred against Mr. Purdy in his appeals and incarceration that denied him his right for full defence.

  10. It is very Cruel and Unusual treatment and punishment for the Ministry of Public Safety and Solicitor General to create a Federal Custody Report and giving a copy to a convicted person on the fist day of their Federal Sentence and assign for Mr. Purdy dates for Unescorted Temporary Absence Date: 2010.01.23 and Day Parole Possible Date: 2013.09.25 and Full Parole Possible Date: 2014.03.25 and Statutory Release Date: 2022.07.25 and then when the dates arrive to arbitrarily and maliciously change them and add more years to them when the dates are reached because Case Management found an error in sentence calculation done by the Ministry of Public Safety, under the Charter s.11(I,j), s.12 , Mr. Purdy should be entitled to the lesser of the dates assigned. This is very cruel and unusual treatment and punishment that CSC is doing for those like Mr. Purdy who is appealing his sentence and conviction while incarcerated. (tab 13)

  11. When dates are assigned, and given to the person in custody, that person is deliberately mislead for days and then years thinking that they have a chance to reintegrate back into society with given the opportunity and chance with the parole board for Temporary Absence passes, Day Parole and Full Parole but, then those hopes are dashed when CSC maliciously increases the dates because of appeals underway (tab 13).

  12. Assigned dates should not be changed on a whim by CSC, as it is the Ministry of Public Safety and Solicitor General who initially decide those dates and it is up to the parole board that decides and makes the decision to either grant Temporary Absences, Day Parole and Full Parole.

  13. CSC is over stepping their bounds and duty, CSC is obligated to provide accommodation, meals, clothing, medical treatment, custody reports to those inmates who are sentenced and to leave the decisions up to the parole board on when an inmate could be granted temporary absences, day parole and full parole, it is unfair for this practice to continue and clearly prejudice and a s.7 charter breach as Mr. Purdy has been denied replacement of teeth that were deliberately pulled while detained instead of repaired, meals while at court, and given altered and deliberately changed assigned sentence dates by CSC without a new trial or appeal.

Kelvin Purdy, Applicant
APPENDIX X

A good map of Vancouver Island, British Columbia from Microsoft Encarta Premium DVD 2008

North Nanaimo borders Lantzville.

This is where I was told the crime occurred,

and Duncan is where I was living and arrested. Check MapQuest for driving times and distances.

APPENDIX XI

I support donations for the following organizations:

AIDWYC (Association In Defence of the WrongfullY Convicted)

111 Peter Street, suite 626, Toronto, Ontario, M5V 2H1

Phone: 1 800 249 1329 www.aidwyc.org

Cell Count (PASAN) www.pasan.org

314 Jarvis St, #100, Toronto, Ontario, M5B 2C5

Phone: 1 414 920 9567 Facsimile: 416 920 4314

John Howard Society

1 1653 Salton Road, Abbotsford, B.C., V2S 7P2

Phone: 1 877 640 1122

Lilith Temple Society www.Lilithtemple.ca

2581 Beck Road, Abbotsford, B.C., V2S 4S3

Local Wildlife Foundations and Animal Hospitals

M2/W2 Association Restorative Christian Ministries

208 2825 Clearbrook Road, Abbotsford, BC, V2T 6S3

Phone: 1 800 848 6907

Out of Bounds (prisoner publication subscription)

Williamhead Institution, 6000 William Head Road, Victoria, B.C., V9C 0B5 (now on Facebook)

Prison Justice Day Committee

P.O. Box 78005, 1755 East Broadway, Vancouver, British Columbia, V5N 5W1
APPENDIX XII

Plea for translations of English eBook

Name of publisher: Kingsbury Press

This is a plea for assistance for future editions that are in need of complimentary translations. WWW.SMASHWORDS.COM eBook titled: Overlooked

If you would be so kind as to translate this book into your language and dialect and send it to me, I would be forever grateful and will endeavour to get it published too.

Afrikaans, Algonquian, Algonquian Cree, Algonquin, Arabic, Arawakan, Assiniboine, Athapascan, Beothuk, Blackfoot, Caddoan, Chibchan, Chinese, Chipewyan, Comecrudan, Cree, Danish, Dogrib, Dutch, Eskimo Aleut, Finish, French, German, Greek, Hebrew, Hindi, Huron, Icelandic, Inuit, Iroquoian, Iroquoian Mohawk, Italian, Japanese, Korean, Kutchin, Malay, Mayan, Mi'kmaq, Montagnais, Muskogean, Nisga's, Norwegian, Ojibwa, Otomian, Portuguese, Russian, Sahaptin Nez Perce, Salish, Salishan, Sekani , Sinhalese, Siouan, Siouan Crow, Slavey, Spanish, Swedish, Tamil, Tlingit, Uto Aztecan, Vietnamese, Wakashan, Western Woods Cree, Yuman.

If you can translate this eBook ISBN 978 0 9781839 6 7 and include a separate document at the end for yourself titled: About the Translator, it would be appreciated.

Please, can supply an electronic version (eMail: KPURDY@GMAIL.COM) titled About the Translator in both English and in the translated language for insertion into the book. This could include something about you, your heritage, schooling, etc.

Please forgive me with ocean like generosity whether I failed to include your language. I will humbly strive to update all translations with a new list of received translations including those not listed.

If you cannot download a copy of Overlooked in your language, I am sorry; it means I am still waiting to receive a translated copy for upload so please see whether anyone can send me a complementary translation.

Note: sequentially numbered photos or scans of translated pages may be sent for ease of translation and conversion. A translation will be created with photographed pictures as needed,

All translated copies received will be published with a credit for the translator and their dialect; this includes any Klingon, Vulcan and Romulan editions, which would be very much appreciated.

From my heart, Thank You.

APPENDIX XIII

ABOUT THE AUTHOR

Kelvin Kingsbury Purdy (Political Prisoner 800875E)

Almost unnoticed, a quiet Ghandian man of kind actions, passion ranging from tennis, biking, beaches, cooking, technology, stained-glass, attending conventions, windsurfing, white-water kayaking, Nordic and Alpine skiing. Duke of Edinburgh Gold Award, NAUI open water scuba diver and member of the Canadian Red Cross Ski Patrollers.

Attended the prestigious Lakefield College School in Lakefield, Ontario and variety of universities: Carleton University (Mechanical Engineering), Saint Laurence College (Computer Programming), McMillan College (Hospitality and Tourism), Justice Institute of British Columbia (Firefighting), Malaspina University (Culinary Arts).

Detained since December 12, 2003 and serving Life-19 with Full Parole Eligibility set for December 12, 2022, and Day Parole Eligibility set at December 12, 2019.

Birthday February 23, 1968, yes, I am a Pisces, the fish, Year of the Monkey... a romantic sea monkey, need I say more? Single, amber eyes, physically fit, blessed with three beautiful daughters (willing to have more) and two lovely Grandchildren.

Author of the provocative non-fiction eBook on www.SmashWords.com titled: Overlooked. Writing a prequel titled: Look. Yes, I have kicked the hornets nest in Ottawa. In fact, I am still hitting it like a piñata, as our Justice System is unjust with a lack of transparency and truth.

By some, my personality is like Johnny Depp and for others Jim Carrey. Following my heart, I show by my deeds and actions and do and say what is right regardless of the consequences. I am empathic and understand with a kind and soft heart. Loving faithful, devoted.

Searching for a like minded kindred female soul mate, who understands my plight, will passionately help fight injustice and will genuinely strive to help me and my family, attend socials and Private Family Visits.

My childhood dream has always been to open my own airport Bed and Breakfast. Welcome to join me, share my dreams.
APPENDIX XIV

Interviewed by:

The Pacific Book and Critics Club at Pacific Institution

Why? I write to get my story out to people who want to know the truth. Maybe the revelation will be enough to change the minds of those whose heads are filled with hatred and malice, especially those with power and use it to right this wrong.

CSC: I am innocent and still in jail with scientific exclusion proof. This is what confuses Correctional Service of Canada right now. They have a convicted prisoner who has received exculpatory DNA letters that prove my innocence. I should not be here. The public that are aware of these letters know I should not be here. What can I do when the courts are reluctant to act and it appears that they are covering this up because I claim incompetent counsel representation and those counsels are now judges? We seem to have a unjust Justice System that works hand in hand with CSC.

Emotion: Being emotionally devastated, I reminisced, mourned and so dug deep and found my voice, telling the truth allows me to begin to heal and maybe, someone will help me.

Routine: Raising kids, I would relish eight hours of sleep. Now, after three hours of sleep I rise early, watch the sunrise, write, and write before anyone is awake, until I am interrupted. I spend the rest of the day rehearsing what I wrote and what I may write, doing my stained glass and playing tennis. I shave before I go to bed, prefer Old Spice deodorant and enjoy the Drakkar Noir scent.

Focus: Sometimes hard as there are always distractions. I cope by my many hobbies and taking a shower to re focus. Doing stained glass, play tennis and reading a variety of genres. With anything I do, I find my mind is amazing and the lists begins to roll in my head at what my next spell at writing will entail, always something new.

Influences: Douglas Adams, Ed Griffin, Stephen King, J.K. Rowling, Mark Twain, Geoffrey Chaucer, Leo Frankowski, Frank Hebert, Anne McCaffrey, Margaret Weis, Tracy Hickman, Raymond E. Feist, Piers Anthony, Terry Brooks, Stephanie Meyer, L. Ron Hubbard, Cormac McCarthy, Christopher Paolini, Eoin Colfer, Joan Didion, too many more to name. I like to read a book and magazine or two each day, so everything that I read, even movies end up having influences over me and what I decide to write next.

Genre: I read widely and broadly. Especially fantasy and science fiction stories. Titles of books, catch my eye, being simple and to the point. My next project will be a screenplay as I enjoyed working as an extra in the movies The Duke and The Long Way Home.

Movies: 50 First Dates, August Rush, Erin Brockovich, Groundhog Day, Harry Potter's, Independence Day, Indiana Jones, any of the James Bond 007, My Best Friends Wedding, Pirates of the Caribbean, Pretty Woman, Red Corner, Spider Man, the Bourne series, the Fugitive, the Hunt for Red October, the Hurricane, the Russians are Coming, the Wedding Date, You've Got Mail, and the Twilight saga.

Music: I sing and play the flue, clarinet, saxophone, trumpet, guitar, piano and keyboard, and listen to: Euromix, Meatloaf, and most Movie soundtracks like August Rush with Steve Erdody & Johnathan Rjys Myers, Glee, Celtic Woman, Celtic Thunder, Lady Gaga, Avril Lavigne, Natasha Bedingfield, Natalie Imbruglia, Sarah McLachlan, Baroque while studying.

TV: HGTV, Ellen DeGeneres, Continuum, Voyager, Stargate Atlantis, Fairly Legal, Suits, Lost Girl, True Blood, Revenge, The Big Bang Theory, Dragon's Den, Touched, Awake, Glee, Mobbed, Once Upon a Time, BBC Click, Hope for Wildlife, What Not to Wear, Shameless, Two Broke Girls, Eureka, Terra Nova, Arctic Air, Flying Wild Alaska, Justified, Warehouse 13, Arrow, Perception, Falling Skies, Last Resort, Revolution, How it's Made.

Fault: I am too predictable. Knowing this, I try to mix/change things up with my routine and seating at school.

Life: It is just like the first season of Prison Break with a little Shawshank Redemption, the Longest Yard and Frantic.

Food: Greek, pizza, blueberry and strawberry Belgium waffles, spicy wraps and skittles.

Dreams: Very quixotic. Opening a private investigation firm to find out the truth and DNA test all possible suspects. When I was a kid I used to fantasize about my own SyFy airport Bed and Breakfast, I still do but along with my family and investigation firm in the country when this is all behind me and we have some real justice and answers.

Revisions: Good writing requires lots and lots and lots of rewriting and critiques.

Celebrity: Alf, a visiting alien life form... Here kitty kitty, hit it Lucky!

Advice: Find your own unique voice; write when you can; ask for brutal criticism; if you fall asleep thinking about writing then, in the morning you wake up and all you can think of is to write, you were meant to be a writer; if you look in the mirror and see a writer, voila, you are one.

Pacific Jobs: The job I enjoyed the most was the Chapel Clerk and working with Father Joe Ostopowich and Chaplain Helen Tervo, my stained glass mentor work comes in a close second, I enjoy being a stained glass mentor for the hobby shop and assisting groups like the M2/W2 and the Inmate Committee as Secretary with their various decreasing social events, canteen and fundraisings.

Released: My greatest challenge will be to bring all my children home and finally reunite and be with the family I once had. And of course to open my SyFy airport Bed and Breakfast, publishing, stained-glass and private investigations company. That is, right after a pig roast and pot luck with my family.

What kind of Superhero would you be? Twilight Vampire.
APPENDIX XV

Credits, Title(s) of publication(s) & ISBN's:

  1. OVERLOOKED by Kelvin Kingsbury Purdy 2012 (eBook, English edition) ISBN 978 0 9781839 6 7

This eBook will remain complementary until I am free.

Coming Soon, Title(s) of publication(s) & ISBN's:

  2. BLACKJACK, CASINO FEAR by Kelvin Kingsbury Purdy (Paperback, English edition) ISBN 978 0 9781839 1 2

  3. COFFEE ART by Kelvin Kingsbury Purdy (Paperback, English edition) ISBN 978 0 9781839 3 2

  4. FAIRIE IN THE WINDOW by Kelvin Kingsbury Purdy (Paperback, English edition) ISBN 978 0 9781839 4 0

  5. GLASS & MIRROR TEMPLATES by Kelvin Kingsbury Purdy (Paperback, English edition) ISBN 978 0 9781839 5 0

  6. LOOK by Kelvin Kingsbury Purdy 2013 (eBook, English edition) ISBN 978 1 927861 04 2

  7. LOOK by Kelvin Kingsbury Purdy 2013 (eBook, French edition) ISBN 978 1 927861 02 8

  8. LOOK by Kelvin Kingsbury Purdy 2013 (Paperback Brail, English edition) ISBN 978 1 927861 01 1

  9. LOOK by Kelvin Kingsbury Purdy 2013 (Paperback, English edition) ISBN 978 1 927861 05 9

  10. LOOK by Kelvin Kingsbury Purdy 2013 (Paperback, French edition) ISBN 978 1 927861 03 5

  11. OVERLOOKED by Kelvin Kingsbury Purdy (eBook, French edition) ISBN 978 0 9781839 9 8

  12. OVERLOOKED by Kelvin Kingsbury Purdy (Paperback, English edition) ISBN 978 0 9781839 0 5

  13. OVERLOOKED by Kelvin Kingsbury Purdy (Paperback, French edition) 978 1 927861 00 4

  14. OVERLOOKED by Kelvin Kingsbury Purdy (Hardcover, English edition) ISBN 978 0 9781839 7 4

  15. OVERLOOKED by Kelvin Kingsbury Purdy, (Paperback, Braille edition), ISBN 978 0 9781839 8 1

  16. POEMS AND SHORT STORIES by Kelvin Kingsbury Purdy (Paperback, English edition) ISBN 978 0 9781839 2 9

ccxxxv 
