

## DNA OVERLOOKED

## KELVIN KINGSBURY PURDY
The e-Book edition is being displayed using recycled electrons.

DNA OVERLOOKED by Kelvin Kingsbury Purdy

(Novella based on original e-Book OVERLOOKED)

Book cover, design, layout,

using Palatino Linotype with Font Size 10

Short Edge Duplex Printing

Completed by Kelvin Kingsbury Purdy

Sunday, August 10, 2014 (Prison Justice Day)

Words: 75325

A great cover picture of DNA (deoxyribonucleic acid):

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

In loving memory of

Dennis (Denise / Fanny) Adalgisa Liranzo Marte Purdy

(1973/02/19 to 2003/12/12)

Published by

The mark of a Bestseller

SMASHWORDS EDITION

Copyright © 2014 by Kelvin Kingsbury Purdy

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.

w ww.SmashWords.com

Who is Purdy?

**CIP** (Cataloguing-In-Publication) record:

Purdy, Kelvin Kingsbury, 1968-, author

DNA OVERLOOKED / Kelvin Kingsbury Purdy.

ISBN **978-1-927861-08-0** (English e-Book)

ISBN **978-1-927861-09-7** (English pbk.)

  1. Purdy, Kelvin Kingsbury, 1968-.

  2. Prisoners- -British Columbia- -Abbotsford - -Autobiography.

  3. Trials (Murder)- -British Columbia- -Nanaimo.

  4. British Columbia- -Autobiography.

  1. Title.

FC3830.1.P87A3 2014 971.1'05092 C2014-906169-8

Overlooked series: DNA OVERLOOKED, Volume II

Sequel to: LOOK
Overlooked Volume II

TABLE OF CONTENTS:

FOREWORD BY PETER WARREN

DNA OVERLOOKED OVERVIEW

ACKNOWLEDGEMENTS

A NOTE FROM THE AUTHOR

THE OVERLOOKED RECOMMENDATIONS

DNA OVERLOOKED:

  1. OVERLOOKED

  2. REFLECTION

  3. PRE TRIAL

  4. TRIAL

  5. INNOCENT VINDICATION

  6. VEXATIOUS INJUSTICE

APPENDICES:

  1. ABOUT THE AUTHOR

  2. DNA EXCLUSIONARY LETTERS

  3. DNA RESULTS

  4. HOW YOU CAN HELP

  5. DNA (DEOXYRIBONUCLEIC ACID) SCAVENGER HUNT

FOREWORD BY PETER WARREN

Okay, just for a few minutes, YOU are the judge's chair.

The man before you stands charged with murder, yet there are flaws in the investigation and huge discrepancies in the evidence you have hears:

## The wife of the accused was in a relationship with another man when she was killed, yet he was never questioned and no warrants were ever issued regarding searches of homes, vehicles and/or property from anybody else except Kelvin Purdy. Why?

## No DNA was ever requested from anybody but Kelvin Purdy. Why?

## Twenty minutes of a security videotape at a Payless Gas Station in Duncan, B.C., were erased, the exact same time Kelvin Purdy was having a coffee and reading a newspaper there when the murder occurred in Nanaimo. Why?

## RCMP cannot account for the $2,030 missing from Kelvin Purdy's wallet, savings for Christmas gifts. Why?

## Kelvin Purdy is five-feet, 10-inches tall, is left-handed, and was wearing beige clothing the morning of the murder, Dec. 12, 2003. From apartment-window locations, witnesses described the killer as six-feet tall, wearing dark clothing, right-handed. Why?

So, YOU are the judge.

## Would these questions lead YOU to ask for another trial... or would YOU accept the two different statements made by the original, now-deceased B.C. Judge J.D. Taylor, who called Kelvin Purdy "a good father and an excellent husband" then intoned Kelvin Purdy was "acting like a possessed Othello"?

Now, read this book. Then write me and call it as if YOU had been the judge, Honestly, please.

**PETER WARREN** has been a journalist for his entire life, in Canada, the U.S., Hong Kong, the U.K., both as a national radio broadcaster, newspaper editor and columnist and an author. He is currently working as a freelance reporter concentrating on wrongful convictions and/or cold-case murders. He lives with his wife, ex-CBC producer Gabrielle Rogg, in Victoria, B.C.

His website: www.PeterWarren.ca

His e-Mail: peter_warren@telus.net
DNA OVERLOOKED OVERVIEW

DNA OVERLOOKED, is the easy-to-read novella of OVERLOOKED.

David vs. Goliath

POOR Kelvin Purdy vs. RICH Canadian Government

www.SmashWords.com DNA OVERLOOKED by Kelvin Purdy, a Political Prisoner, shows that when you are poor in Canada, the BC Justices will convict you, ignore DNA and pleadings for fairness.

In DNA OVERLOOKED, shockingly the lead investigator for the RCMP admitted to deletion of their suspect alibi video when he told the court he saw their suspect getting a newspaper on video, a part that was deleted. Furthermore he mysteriously refused to DNA test all persons at the crime scene for scientific elimination including the boyfriend of the victim, why?

DNA OVERLOOKED shows that when an unknown suspect DNA was detected by the RCMP, and their only named suspect was scientifically eliminated, the Crown vexatiously refused to set Purdy free and to allow Purdy his motions for a fair trial. Instead, they coerced, bribed witnesses, and twisted a jury conviction based on entirely circumstantial evidence.

If the true measure of any Government is how they treat their prisoners, DNA OVERLOOKED clearly proves that unfair, cruel, and unusual treatment of Kelvin Purdy continues with his wrongful incarceration.

Throughout DNA OVERLOOKED, showcasing his trial and appeal, Purdy was denied full disclosure by Crown prosecutors, proven as it still continues to trickle in after his trail and appeals with DVDs and CD ROMs he can not access without a court ordered computer system. Purdy's pleas are ignored. He is still denied a court ordered computer system (with DVD ROM and burner) and all his case materials to make full answer and defence, all which infringed his Canadian rights under our _Charter_. Purdy had been beaten, threatened, harassed, denied attending school (since his first book was released), denied the opportunity to take the stand, and attend in person all his court appearances and appeals by his own trial Counsel.

DNA OVERLOOKED shows this travesty of justice has been compounded by learning that DNA exclusionary evidence was deliberately suppressed by his own trial Counsel who were both seen to be rewarded by their sudden promotion and election as justices during his appeal and legal aid refused to help even with DNA innocent proof.

Coincidence?

In Purdy's case, shockingly the appeal justices quoted Crown witnesses that admitted to perjury (lying under oath) and ignored defence evidence that showed they were bribed and coerced by the RCMP to alter their original statements.

Furthermore, in DNA OVERLOOKED you will find that you stay convicted in Canada, by being continuously denied the motions for case materials, in-cell computer system, and legal services to make full answer and defence, and will be denied legal aid funding for your choice of adequate Counsel representation in the Supreme Court of Canada and the BC Court of Appeals, even when holding scientific DNA OVERLOOKED exclusionary evidence obtained after trial that proves your innocence.

" _The truth should set you free... only if you have money in Canada_."

The administration of justice is in serious disrepute, the public cries foul and demands forthwith an administrative review, the immediate release of Kelvin Purdy, and re-opening in the investigation with forthwith DNA testing and elimination in all persons involved in the Purdy case.

After reading DNA OVERLOOKED by Kelvin Purdy, on www.SmashWords.com what do you think the Minister of Justice and the Prime Minister should do?

ACKNOWLEDGEMENTS

I am inspired by and acknowledge with gratitude all the help I have received, not only from my family, but from all my friends. Thank you to everyone who took the time and care to see me, send me, and write me "snail mail" letters, postcards, photos, cards, the occasional cheque or money order to assist me in my struggles, and to tell me about what was happening throughout your busy lives. The "gifts" light up my desk and walls and remind me daily of your thoughtfulness.

Additionally, a special thanks to all who ordered and purchased my unique stained-glass artwork. For my readers, everyone who posted comments, star ratings, and encouraged me to write in my own way, to help me dig down, find a way to get my stories out in my own words, all deserve my sincerest thanks, and they have it.

Finally, I am deeply grateful to my diligent and truly inspirational parents: Dean Purdy and Helen Purdy who raised and taught me to read, write, and speak; my Biological Father Hal Perkins and family in Dryden; Grandparents Aina Baron (author of _Stumbling Along on the Trail of the Past_ ) and Mike Baron; Pat Reide; Aunt Cathy Bialkoski and Uncle Duncan Tait; Biological Mother Leona Whiting and Wayne Whiting; Kryssta Mills (Mills Films Inc.); Diana Gabaldon, (author of the _Outlander_ series, who pushed and originally lit the spark under me for my _Overlooked_ series with her visits); the Pacific Writing Group hosted by Ed Griffin author of several books ( _Veto, Dystopia_ [with co-author Mike Oulton], _Delaney's Hope, Beyond the Vows, Prisoners of the Williwaw,_ and _Once a Priest_ ), Alexandra Minzlaff, Enza Uda, and proof readers: S. Ratnanesan, S.D. Gale, C.S. Johnson, Lloyd Wilson, and S. Robinson, all who read my drafts and helped critique my work, all our volunteers, Venerable Sik Yin Kit, Venerable Anila Ann McNeil, Lama Zopa Rinpoche, all our Elders, our Priestess Kate Hansen and Mother Bear.

Thank you to the UBC School of Journalism for the interviews, UBC Innocence Project, and AIDWYC (Association for the Defence of the Wrongfully Convicted) for taking the time to review my case. Especially a big thank you to Paul Dempsey, my "inside" line-editor. I do the best I can with the limited resources I have. And a final thank you, my readers.

A NOTE FROM THE AUTHOR

I again thank the many staff, family, friends, inmates, reviewers and volunteers for their cordial reception of this edition. I hope that this novella will be welcome, these words find you, and keep you well, and for answered prayers that lead to action, for an angel investor to come and help fund my legal case. I write to spread my sad story and earn money with my hobbies to pay for legal representation with this mémoir, the study of memory, structured on the meandering way I remember. Hey, facts do not lie, photos do not lie, and DNA does not lie. I am innocent and poor, both unfortunate when detained in Canada.

Please, help me.

**Notice to all** : This is a work of non-fiction. However, I sometimes used only first names to protect certain individual's privacy. This story is strictly Kelvin Kingsbury Purdy's story. Persons not included in this story have been left out with the intention to respect their privacy. The unfolding of events in this book is only from Kelvin Kingsbury Purdy's perception of his own life. Any errors or omissions in this story are solely those of the author and are unintentional.

If you notice an error or if you find Waldo, please let me know:

KPurdy2003@gMail.com

Kelvin Purdy, Pacific U2, PO Box 3100, Abbotsford, BC, V2C 4P4, Canada

I live by many quotes since day one of my unfair incarceration on December 12, 2003. This is my favourite:

" _First they ignore you,_

then they laugh at you,

then they fight you,

_then you win_."

~ Mahatma Gandhi
THE OVERLOOKED RECOMMENDATIONS

**OVERLOOKED by Kelvin Purdy** , a **FREE** Legal Textbook e-Book (available at www.SmashWords.com ) is one of 2013's most controversial and shocking e-Books that has struck at the heart of the Canadian Justice system. This unique insight into the plight of a wrongfully convicted man in British Columbia, has shaken the halls of power in Ottawa and has even landed this issue at the doorstep of the Prime Ministers Office. The book details the saga of Kelvin Purdy, and his 10-year plus quest, in the face of overwhelming odds, for Justice, based on exclusionary DNA evidence that exonerates him. After reading this book, you will want to join the public chorus demanding from your Member of Parliament, an Administrative Review forthwith by the Justice Department, the Prime Ministers Office, as well as a full out public inquiry to answer the questions of injustice, prejudice, and DNA exclusion practices that have occurred in this case. You will find yourself demanding that the Government have Kelvin Purdy released immediately.

 " _An amazing story of injustice in a country that prides itself on being fair. The book is well-written, a page-turner as you read about the evidence that was 'overlooked'."_

**Ed Griffin** , Author of five books _._

" _Keep your chin up, Kelvin – We are all still working on it."_

**Peter Warren,** Investigative Journalism and Broadcaster.

" _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,** eldest daughter of Kelvin Purdy.

" _May your words get read and understood, leading to action."_

**Bernice Lever** , writer.
 " _Just my opinion: It appears too many abnormalities exist in the little I've read to merely be explained away. DNA results are DNA results...aren't they...As one pressured to remain silent about the facts in my own life, I believe any effort to silence me only begs more questions. When I can, I will try to finish this book because I believe we writers all deserve a voice, hence my supportive rating. Here's a quote (not mine): 'He who has nothing to hide, hides nothing.' Kudos to the author as I have a brother who fought hard to learn to read and write, I have no problem understanding anything he writes nor any problem reading this book. Write on. In your own way in your own voice."_

**Aurora Morealist** , writer.

" _The case of Kelvin Purdy, serving a 19 year sentence for the 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.

" _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."_

**Donald E. Riley** , Ph.D.; DNA Consulting, LLC. July 13, 2010, exclusionary letter to Kelvin Purdy.

" _K. Purdy (10 AA) are excluded as a contributor."_

**Dean Hildebrand** , Ph.D.; BCIT. January 28, 2010, letter to Kelvin Purdy.

" _In any case, Kelvin, Happy Easter and don't get discouraged. You're doing the right thing. I remember your name came up in a discussion I was having with the guys in the class once. We were talking about something and your name came up. 'I mean, Ed, you know all of us are_ innocent _here. And we – I mean all of us are_ innocent _except Kelvin who really is_ innocent _._ _' To me, it was the strongest statement about you I've ever heard. When the other inmates say that about you, that's strong support."_

**Ed Griffin** , Author and Dean.

" _I look forward to reading your story, Kelvin."_

**Diana Gabaldon** _,_ NY Times bestselling Author _, Outlander_ series.

  1.

OVERLOOKED

" _Don't hurt my daddy!!! Don't hurt my daddy!!!"_

That was the last memory of my two youngest children.

Their terrified screams pierced the chilly morning air across the ice glazed Cowichan General Hospital parking lot in Duncan, British Columbia, Canada.

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

Their horrified and alarmed cries were repeated over and over as the RCMP rushed, handcuffed, pushed, and slammed me into the back of the nearest cruiser without first reading me my rights or telling me why. I was petrified and terror-stricken.

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

All I could feel between the hard plastic bench-seat was the gritty sand between my hands pinned under my legs against the biting cold handcuffs cutting and slicing into my wrists that were now bleeding.

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

Why are they arresting me?

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

I was in turmoil.

It was incredulous, unbelievable actually, it still did not register with me that the officers said she had actually passed away.

In the window, I saw my clean-shaven angular reflection, my eyes were again changing colour as they do when my mood changes. They went from dark brown to green to a brown gold 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.

_What had her ex, Charles Panet done?_ This was the thought that was furiously storming and crashing around in my mind.

  2.

REFLECTION

Backtracking to yesterday in my mind, it was December 11, 2003, another equally freezing cold winter morning like today.

The day had begun as a perfectly ordinary one.

I slid out of bed (Jennifer had in fact pushed me out of the warm bed after looking at the time) "6:00 a.m., It's your turn, Kelvin."

The fact was that every morning was my turn. I did not mind. I was delighted and cherished the quiet alone time I had with our kids in the mornings.

Nathan, our two-year-old, was not up yet, but he was mumbling and soon would be crying for milk. He was my fiancée Jennifer's son from an earlier relationship. He was the son I cherished and did not have.

I slipped softly out of the room we shared wearing nothing but my blue pyjama bottoms, I poked my head into my daughter's bedroom beside ours, and both beds were empty.

My heart started pounding a little more. Today I was excited. I get to pick up my two youngest kids for this special weekend. We would buy an artificial Christmas tree (the apartment would not allow real trees due to a claimed fire hazard) and set it up.

This would be followed by a trip to Victoria on Saturday for the purpose of a Christmas shopping spree followed by a visit to the water slides and wave pool. This would all culminate with our first hotel experience as a new family.

I made my way down the dark hallway to the kitchen, soft beige carpet under my feet, and then over to the other side of our spacious two-bedroom apartment. I had a skip in my step and felt a real sense of excitement thinking about the Victoria trip.

The early morning rays of the sun were starting to wash its light through the ice-frosted windows making it easy to see without having to turn on the lights. Opening the fridge, I took out our last pre made bottle of milk. I warmed it up in the microwave and started to plan our day in my head.

Using my fingers, I started counting off all the things that needed to get done today.

Tailor, laundry, day care, hour drive to Nanaimo, shopping at COSTCO and Woodgrove Mall, new car dealerships window 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, have supper and a good night sleep, before our weekend trip to Victoria.

"Beep, beep," the microwave chirped. Warmed milk in hand I hurried back down the hallway, testing a bit by squirting my wrists with milk, warm.

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

I returned to the master bedroom and, glancing at Jennifer, I smiled as I saw she was not awake yet and realized that she will not be for at least another hour or two.

Then, I handed the warm bottle to Nathan.

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

Jennifer's steady deep breathing called for me to crawl back in bed with her. She reminds me of the cute actor Brittany Murphy, with her round eyes, slight body, wavy hair, and blunt language.

I let her sleep and headed over to the bathroom where I washed my face, brushed my teeth, and thought about all the things I needed to accomplish today.

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

With the remote, I turned on the television and the weather station claimed it was a cold and freezing night. Glancing at the single paned windows, the grey morning light filtering through them, shivering, I agreed with the newscaster because it did appear to be cold outside.

The smell of the brewing coffee from the kitchen made me more alert. I sat on the black leather chesterfield and continued to eat the rest of my cereal all the while anticipating the coffee; Jennifer will most likely want one too. So with the cereal done, I made her one at the same time as I made my own.

I glanced at the corkboard screwed into the wall and smiled to myself that I was ahead of my imposed schedule. All our bills were paid off in advance, all our Christmas shopping should be done in the next few days, and by the end of the week all the presents should be wrapped.

In the kitchen, I washed my breakfast dishes, put them away, and wiped down the counter top to ensure there was no trace of my morning escapade left behind.

Looking at our small kitchen table, it needed to be cleaned as it was stacked with boxes, wrapping paper, and my stainless steel chef suitcase. This was going to be cleaned and organized later.

I went back to the bedroom and put Jennifer's coffee on the dresser beside the charging cellular phone. I went to the bathroom, slipped off my clothes, and turned the water on for a shower. As I waited for the boiler to send me hot water, I looked down admired the cool rubber mat that I had bought recently. This would cut down on slips in the shower, safety first.

Then I thought unhappily about the dump we were living in. I did not care to have this particular apartment but Jennifer and her mother Pat, had put a deposit on it a few months earlier. It was in fact the third place we had looked at. We wanted to move from Nanaimo but wanted viable options before we made a final decision. I was a little annoyed when Jennifer made the decision to move here without consulting me.

The only good thing, rent was $500.00 and cheaper here than in Nanaimo. This would be a place to save money. Water hot, I eased myself in for a long shower. This was a partial benefit to this place; there was a boiler that included hot water in the rent. I was getting used to taking long hot showers several times a day.

Showering, I washed my hair with nice smelling _Sebastian_ shampoo. Jennifer liked her _Herbal Essence_ , a berry scented shampoo. I was looking forward to trying a new shampoo on television called _Ojon_ and another called _Wen_.

Next, while lathering down with Olay body wash, I glanced around the 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 bathtub and shower with only enough room for a mat on the floor before the door. The bathroom small for my taste, turning my nose in disgust, 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, hardwood floors, and with a kitchen garden. I smiled to myself thinking about my dream bed and breakfast ranch.

Remembering my dream, I write update notes in my daily diary about it.

In fact, next chance I could, I would make a not to add a computer study room in my sketched. Talking about computers, my kids will need their own computers soon for school. The price of laptops was coming down, like the new Macintosh. I would have to see what preference they have and need.

Preferences...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.

I got dressed and made my way to the living room and worked on the computer.

However, the place we moved into did not have a yard for playing with the kids and the traffic was a bit heavy being skittishly situated right beside the Cowichan General Hospital, in Duncan. I thought our three kids needed a safer place to run around and play instead of being couped up inside here.

Summer would be here soon enough, and when I planned to move back and work in either Whistler or Nanaimo. Change would come after the girls finished their school year.

Earlier, I had been pre approved for a rancher in Pemberton in the summer of 2002 while working there. In 2004, I planned to check my borrowing status again with the Whistler banks, after I had found a better full time job. With no car payments, nor bills, my credit should increase.

At around 7:15 a.m. Jennifer woke up fully and came out and gave me a kiss. She showered, dressed, and got ready for the day's adventure.

I stripped all the beds of their comforters for dry cleaning and gathered all my chef jackets together too. I was off work for four days for my Christmas shopping and I planned to work through the holidays in a few weeks.

Watching cooking shows on television, I had decided on some upgrades in my culinary wardrobe. Getting my name monogrammed on the collar of all my Chef jackets would make me more presentable as a Chef when wearing them at work and going for interviews.

Going into the kitchen, I made breakfast for the three of us. With a large stack of "flap jacks" made, Jennifer and Nathan came out and all three of us ate breakfast together at the table, each with a glass of orange juice.

We both did the dishes and after, we put our jackets on and left the apartment. I remember proudly glancing at the new corkboard I had installed a few weeks earlier with the list of all our bills. Something I do at each new residence I move to.

Everything was paid in full until February 2004. All smiles, I liked the fact of being two months plus ahead and not having to worry about old bills at Christmas time.

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

It was not always like this. There was a time I would pay the minimum balances and the card balance would go higher and higher. It was frustrating so, I got a second and then a third job and put all the funds into paying off my car loan and all my credit cards.

Since then, I have carried around enough cash for the week, all to save money on expensive transaction fees. Visiting a bank machine or teller once a week was my limit. Each payday, I had a zero balance on my credit cards and I liked this.

It worked really well, and with no more car payments plus a tuition grant, I was able to attend school for culinary arts at Malaspina University in Nanaimo.

This is where I met Jennifer, on-line as we were both students. I had found the person I wanted to spend the rest of my life with, the same way I found everything... searching, deliberately, and with powerful tools... the internet.

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

Being determined, and with goals, I managed to find ways to achieve them. A little work and sometimes a few extra shifts and if need be, extra jobs. With little sleep, I worked hard and provided for my family as best I could.

During the summer of 2003, after my sudden divorce, I went to Woodgrove Mall in North Nanaimo. I saw a coin dealer set up in the mall. I brought 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 and prospecting were becoming my new obsession. Once you got one, you wanted more... I totally understand the early gold rush as this euphoric fever was in my blood.

The stocky money person offered me cash for my entire collection. He showed me his wad of money.

I was surprised at the amount of money he had on himself. Yet, I thankfully did not sell... but boy was I tempted. I figured that if I waited a bit longer, I could get more money, sell them piece by piece, when I had time to do an internet search on my collections including my mint comic books from 1970's to present.

Gold, I knew was currently at an all time low and I figured it was heading up in market value. I 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 worked, we stopped at a dry cleaner Jennifer knew in Duncan. We asked about dry cleaning all our comforters and the person told us to wash them in a double and triple loader washer and it would be cheaper for us. My three chef jackets she would monogram and would be available to be picked up in a few days.

At Subway, we told Pat that we would be in Nanaimo for the day to pick up my children, browse at vehicles, and start some Christmas shopping. She kindly offered to pick up Nathan from day care so we could spend some extra time shopping.

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 with her and after do the bulk of our Christmas shopping over the weekend.

We told her we would visit Jennifer's sister and niece, spend the day together and planned to take the entire family out for a happy moving away dinner.

I had secretly planned to spend the night in a Victoria hotel. Something the kids would like to do. Indoor swimming, order room service, and stay up late watching television. I was thinking of a stress free, relaxing, and bonding family experience of being together and sharing our first mini holiday as a larger family.

During my early childhood, I remember 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. I wanted to be able to create similar fond memories for my children.

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 around, we found an artificial Christmas tree from the _Real Canadian Superstore_.

While window-shopping, I saw a white multi-tiered wedding cake at _Safeway,_ a grocery store. Exactly like I wanted, just a few tiers and white graceful bridges connecting the cake decks, all white, like a cake from the show on television called _Charm City Cakes (Ace of Cakes)_ but the wait list for them was long... but worth it.

Next door at the _Brick,_ we went looking at new furniture for our living room and bedroom. Going across the street to _Costco_ , we browsed for a short time, snacked, and I saw a wonderful king sized sleigh bed. I was definitely going to get this after our shopping in Victoria. It would be a large surprise for Jennifer and an upgrade from our double bed we have been using.

Driving around town, we looked at 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 was leaning towards a yellow Ford Escape 4 x 4.

After shopping, we proceed to McGirr School to pick up my daughter, Stephanie. The school borders Lantzville in North Nanaimo, and was only a few blocks from my ex wife house on 6421 LaSalle Road.

My ex Denise (actually spelled Dennis, which was pronounced Denise), was Spanish speaking and emigrated from the Dominican Republic almost eight years ago, with an olive skin and jet black hair.

When I asked Denise about the how Canadians are different from Dominican Republicans, she told me that many generations of Dominicans live in the same house and the houses are painted in the colour of the party you vote for and yet we hide our party affiliation and have large plain houses and also houses for our cars (garages) and this is normal, plus the strangest is that we treat all animals a lot differently in that Canadians have many hospitals, doctors, stores dedicated to animals and even animal sections in grocery stores with toys, food, grooming, clothes, and other interesting items for our animals that we oddly treat them like our own family and as children.

Even with these differences, I tried to make our marriage work but Denise shut me out all the time. Denise had moved on, so I moved on.

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

We arrived at Denise's residence in Nanaimo where her mother Bartolina was taking care of the kids while Denise was at work as a dishwasher at Long Lake Chateau, and where my mom worked too.

Our kids were raised to speak Spanish at home with Bartolina and Denise making sure both girls knew their mom's mother language. I spoke and taught them to read, speak, and write English.

At this time, we were a normal and content modern family that was going through a regular divorce. To make it easier on the girls, I moved out and was living an equal distance from the girl's McGirr school in a two bedroom basement suite.

Three months later, Jennifer entered my life with her son Nathan. I realized that when they moved in with me, we needed to find a larger place for our combined families.

After both children gave me a hug and were safely in the Explorer, we went around the corner from their house to _Little Caesar Pizza_. We bought a large pepperoni pizza to snack on the way home.

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 and Uncle Duncan's residence after picking up the girls. But today when we had gone over, no one was there. I felt it important for our children to get to know all of my family and being in Duncan, they do not see them as much except when I took them there.

Some weeks, I take a detour and we see my Grandpa Paul. Most times, he was not around when I tried to visit him as he was on a "walk-about" gathering rocks to eventually carve in his room. He made some beautiful rock carvings.

We drove over with the children to _Long Lake Chateau_ and we all said, "Hi" to my mom and my Aunt Catherine (Auntie Kay) too. We did not see my ex wife Denise. Sometimes, we did but not that day. She had most likely gone home or gone to see her boyfriend Charles, a BC Ferries dock worker who I was told was down on his luck and into the biker and drug culture in Nanaimo.

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

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

As I looked at Charles as he drove past me, I commented to Jennifer, "That girl he is kissing is not Denise."

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

I started driving us again across the intersection to our next destination, the _Buns Master Bakery._ I looked at Chares and knew he was another womanizer that broke up my marriage. I do not think that he recognized us.

We both broke out chuckling and laughing about his 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 when Charles drove past them.

Stephanie asked me, "Where's mommy?"

"Probably at home now," I said.

While thinking that she was most likely on the bus on her way home or going over to Charles place and maybe, she will get to see him with his new girlfriend. I was not going to say anything about this, I wondered whether Jennifer would? I know they do talk sometimes to each other on the phone.

I had bitter feelings bout Charles. He used to call and harass Jennifer and me when we lived on Brickyard until we moved to Duncan. I believe that the calls stopped because it became long distance.

Charles blatantly broke the court order 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 6421 LaSalle Road, Nanaimo, and not at Charles residence at 1360 Discovery Avenue, Nanaimo.

This was because Charles had personally intervened and brought up and made the court aware at a custody hearing Denise and I were attending, that the RCMP, for some kind of child harassment issues, were investigating him with his job at BC Ferries.

Then Charles escalated things as he deliberately kidnapped Kimberly while in my court ordered custody agreement and unfortunately the Ministry of Children and Families (MCF) here in British Columbia stepped in and took Kimberly for a few days while leaving Stephanie in Denise's care. It appeared that the Nanaimo court ordered custody arrangements did not meant squat for MCF at this time.

Devastated, I prayed I would not see his like again.

Sadly, I was wrong.

I overheard Stephanie tell my Aunt Cathy that 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 that he kept hidden under his couch.

My girls told family that they thought I would get mad afterward when I found out about their stay at his house. I was not. It was another disgraced breach by Charles and Denise that I would bring up at our next family court appearance in the 2004 New Year.

We stopped down the street at the _Buns Master Bakery_ and picked up some fresh bread for the following week. Three white loaves and some raisin bread. My kids reminded me that I usually make three fresh loaves of bread each week (two white and one sweet cinnamon with raisins).

However, 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.

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

Moreover, both the girls and Nathan needed new dressers and I figured I would move our bedroom into the girls and the girls and Nathan into ours as it had more room for them to play in. I thought 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 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.

In high school, I excelled as a games programmer and liked to figure things out in code. I had programming and design ideas in my head and needed little time to sort them out. When I dreamed at night, the solutions presented themselves to me. I thought linear.

Now, Jennifer had been working as a telephone receptionist and quit because the commute was getting too much for her and furthermore, the gas costs for the Explorer was nuts. We used a quarter tank of gas for each trip.

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. Jennifer wanted work to be closer and she could resume work there immediately, whether we moved back or not.

Our move back to Nanaimo was going to happen sooner than 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 if we stayed here after spring 2004 and if 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 culinary jobs. I remember I can still remember seeing 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. I was itching to get back prep cooking banquets and serving early breakfast meals, as they were my favourite part of the day.

Because 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 to be with my kids to go swimming, visit parks, go to movies, learn sports like skiing, and do things together as a family.

Last month I had received a call from the _Great Canadian Casino_ in Nanaimo and my old boss at _Club 21_ asked me back to work as a cashier, server, and bartender. The opportunities were coming in at the wrong time. I had said no, but I would take him up on that offer again. In addition, I did like the shifts at the _Great Canadian Casino Club 21_ and the staff that worked there.

We had moved away from Nanaimo to Duncan and would likely move back. I felt that it would be better for the children with parents living close and the children could come over whenever they wanted.

Then, we went to the _Buy Sell and Trade_ and put both our vehicles up for sale. With the pepperoni pizzas we ate in the car, family visited, and our first stage of Christmas shopping over, we drove back to Duncan.

I face problems head on. I do not run away.

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

I am a very patient man.

We arrived home.

Our home, an old apartment was not attractive, but clean, physically comfortable, and essentially cookie cutter type construction. It appeared to be over one hundred years old, and not my first 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, every time I hung up my jacket on the coat rack, I leaned over and tidied up all our shoes.

The only good things about this crummy apartment were the fresh coat of white paint on the walls, cheap rent, and the never ending supply of hot water.

I felt like I was going back to the ghetto and did not like the feeling. Cringing to myself, goose bumps rose up my arms, at least the hospital was next door and this was close to the airport.

Glancing at the new corkboard, I saw my one insurance payment to PPL Legal Care of Canada was 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 when we first moved in here.

We posted them in the hallway to keep us aware of the dates when everything was due and we could pre plan our months. Just like other normal families do.

Guess you could say I do have a little OCD (Obsessive Compulsiveness Disorder). However, I like my routines and did well with goals written out and posted. It drove me to work, save, complete, and finally tick off the appropriate box was my reward.

Out 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 not to be in use. This might be mine if I played my cards correct 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, my first real common lay, and who I think resembles Katy Perry but with short dyed red hair.

My world was shattered and ripped apart when I caught her cheating on me. Devastated, I moved out. A week later, my first child Amanda was gone, abducted by Children's Aid Society (CAS) in Cornwall, Ontario. Had I been smart, I would have charged them with kidnapping.

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, a CAS worker that held up my empty CAS file folder. I thought this proved to the court that there was no reason not to allow me the opportunity to try and raise my daughter by myself.

The judge seemed to have made up his mind prior to court to rip apart my family and not give me a chance to raise my own daughter. I was working, had my own two bedroom apartment, fully furnished and newly painted to welcome my baby Amanda. All this work, time, money, meetings, assessments, arranged visits that were unfairly reduced, were to no avail.

On my rebound, I went to the Dominican Republic and met a long time pen pal. I proposed after the third day. Six weeks later, I went back and married her in Santiago, Dominican Republic.

Dennis (pronounced Denise and nicknamed Fanny) Adalgisa Liranzo Marte and I lasted 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. There were countless nights we stayed up and talked about everything and nothing.

Our marriage crumbled when I learned of her adultery; once again I took the initiative and moved out. The trust was gone in our relationship.

Three months later, with no chance to reconcile, I met Jennifer. Right after I met Jennifer, Denise and I tried to reconcile on Mother's day and again on Father's day but that failed.

After that, and reuniting with Jennifer, I explained and made it clear that I was not going to rush into a third living relationship quickly this time. A one-year wait was in order and Jennifer agreed with me. A few months later, I proposed to Jennifer after talking to her father and getting his blessings.

I felt confident that after a few months, by the summer of 2004, and when we both got stable full time jobs, we would be ready to buy our own place (Bed & Breakfast) and cover a wedding for ourselves if we were together as my divorce was final by then.

My Christmas shopping was posted on the corkboard and included my family and Jennifer's family, my four sisters and one brother would each receive a $50.00 bill slipped into their Christmas cards. All I needed was to pick up a box of new cards and it was easy to take care of my family gifts. I was planning to do the same for Jennifer's sisters and brother and nieces.

Keeping It Simple Stupid (KISS) was what I liked to do.

Some people tell me I over organize, but I like to plan things out and adjust when bumps occur in my path. I do this with steadfast determination. This way I can stand against the storm and not get swept away with the wind.

Christmas gifts for my parents and local family, both mine and hers, were another story. This was one of the reasons why we were going to Victoria, to get a handle on this.

We wanted to get this accomplished before the rush that would inevitably happen as my work and routine got busier and made it difficult for me to do anything closer to Christmas. This was why this trip was planned and both our families knew about it.

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 tree without ornaments but it looked good all the same.

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

Jennifer's father, Bill, buzzed and dropped off Nathan a little later. I asked whether he wanted to come in for coffee but he declined.

Both Nathan and Kimberly went and had a bubble bath together.

Meanwhile, Stephanie was feeling lonesome and 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 Stephanie completed her message and hung up, Kimberly came out of the bathroom running with a towel half 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."

Smiling, I took Nathan and Kimberly to their rooms, got them dressed, and put them both to bed. I tucked both in and that left Stephanie and Jennifer together in the dining room where we all played a card game called Crazy Eights.

During the game, Jennifer's cell phone rang and it was Denise. Jennifer passed her cell phone directly to Stephanie, "Hi Mommy, 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."

Puzzled and a little surprised that Denise wanted to speak to me, as she normally will only want to speak to the girls. Getting on the phone with her was out of the normal and usually meant something was wrong.

"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?" 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 will not have someone hitting me anymore. You remember, like my last Dominican boyfriend?"

"Yeah, I know." I recalled.

It made me remember the Buddhist proverb: _Better to light a candle, than complain about the darkness_.

And I remembered her telling me about her previous boyfriend back in the Dominican Republic. When he hit her, she immediately broke up with him. This was just before I met her for the first time in 1993. Her Mother Bartolina would know more about this old creep.

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

Sorting this in my head, this was the third time she had broken up with Charles 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.

Her troubled sobs replied back to me, "Yes, umm I miss you, can you come over now?"

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 spitted out, "I've 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 Mother was around 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!

A SET UP WITH HER LAWYER OR CHARLES!

DON'T GO OVER!

I still do not know why she asked me to come to be with her in Nanaimo because her mother was there. I refused, "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 weakly responded.

Shocked, I hung up without saying anything more.

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 another game she was playing with me. I believed that in a few days, she would be back with her latest boyfriend or another one. Like the RCMP member she dated when I was working in Whistler two years ago.

With trouble in paradise, I had to keep her at arms length and continue with my current relationship. Previous relationships, I had come to learn that Denise seemed to only want to make me unhappy by stirring up the pot and trying to break up my current relationship. I was tired of being her Yo-Yo, and her jealousy. I was not going to mess up my new relationship with Jennifer and her family over my estranged ex wife Denise.

Cautious and disquieted I knew that I could not live with Denise again. I tried three times and each time was disappointed with her. I was not going to waste anymore of my precious time in another doomed relationship.

With all of my relationships, I feel that once trust was broken, it was hard (if ever) to fix, and it would take a lot of time re building trust and that was not something I was willing to devote any more time doing with Denise except when we had to see each other over coffee on Sunday's to discuss the children's custody arrangements.

I still remember the last words Denise spoke to me being, "Please, I want to be with you, come over. I love you..."

These words haunt me to this very day.

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

Talking with Stephanie, who remembers this part, she agreed that both Denise and I were always civil with each other.

However, that changed when a third party appeared. Some hostility seemed to erupt between either Jennifer and Denise and myself and Charles. We had both found out during the summer that if I was with Jennifer, or Charles was with Denise during these drop-offs, that jealousy would flame up. The girls noticed this so we kept the exchange neutral.

It was not nice for the children and we agreed that as a fix for this situation, we would leave our new partners behind when the children were exchanged on Sunday's. Thankfully, when I picked up the children, Denise was at work and it was only the Grandmother Bartolina taking care of them.

My daughters both confirm that I drove Denise back to her home in the Explorer from having our coffee meetings. They would always be waiting for us outside together playing.

I would also drive Denise for her Varicose Vein treatments in Victoria during the summer of 2003. The doctor would inject irritating sclerosing solution into each varicosity (blue vein), causing the vein walls inflammation and to collapse with the help of an (Ace) bandage she would wear. There were multiple office visits, injections, and wrappings that I drove Denise and I paid for her monthly treatments while waiting for her each month.

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

As nothing was in it for Charles, it seemed that he could not be bothered with doing things for Denise. I wish her real friends had pointed this out to her.

I was a little bit wary of having coffee at her place because the last time she asked me inside, it turned out to be a big set up for me with her lawyers trying to take and took away the 50% custody of the children from me. Luckily I still had 50% guardianship but, this I was afraid to lose also.

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

Charles and Denise had tried this once on me but, I realized something was wrong when Denise called and insisted I be there exactly at 4:00 p.m., so with my sixth sense tingling, I dropped the kids off an hour earlier with their Grandmother. I remember hearing from the girls that Charles was furious with the police over this incident because they went to the house making the original call, which was his home.

After, the police called me and when I went down to the police on my terms, they were shocked when I pulled out phone records of telephone calls that proved my side of things. You see, I had a fax machine that recorded all the calls received to and from my home number and I printed off the last day and over a dozen harassing calls that I had received from Denise and Charles. In total, I brought in copies of seven days of harassing phone calls.

Regretfully, I have learned it was better to be ready for the unexpected when dealing with Denise and Charles. Funny thing was that I had the same court order on her too. Being cautious, and before I stepped one foot anywhere in her residence, I wanted it on paper that she wanted me there. That was why I picked her up and we 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 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.

Now that Jennifer was fitting in well with my family, and the girls liked her, I had no plans to alter my life again. I felt my life was now on a fast track to my Bed and Breakfast goals.

Stephanie went to bed soon after talking to her mother. Jennifer and I stayed up for about another hour. Afterward, Jennifer went and got a bottle for Nathan. I went to the bedroom and got undressed for bed.

Jennifer called me from the kitchen, when I arrived she said, "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 ready for bed; I'll get it in the morning, O.K.?" I responded, uncertainly. I was not sure if I would be allowed in bed if we needed milk now.

Jennifer replied, "O.K."

I let out a big sigh, off we went to bed, snuggled in together, and had a peaceful night sleep.

The next day began as a perfectly ordinary one.

Nathan woke up crying for milk and with a wet diaper.

Jennifer pushed me out of bed saying, "Your turn, honey." I noticed her looking at the clock radio and it read 6:00 a.m.

Getting up, I went over and changed Nathan like I did every morning. This quieted him down. I got him a bottle of formula warmed up in the microwave, and fed him. Being that we were out of milk, I was glad we had a case of _Enfalac_ in the drawer as back up.

With 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, put on my red ski jacket, and I went off to the familiar Payless Gas Station for milk, a paper, and my morning coffee.

I arrived downstairs and went outside to the vehicle and noticed that the parking lot was glazed-over with ice. It was another deep-freeze night.

Frosted, the windshield was caked thick with ice. I got inside and started the Ford Explorer, turned on the back windshield defroster and put the heater fans on high, which were pointed up at the windshield. I 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 murder of crows were taunting, as the air grew colder. I felt chilled. The wind picked up pushing the nimbus clouds around and it guided me as I made my way back inside, around 6:20 a.m. I met our next door neighbours strolling out, Natasha and Jeff. I seem to see them most days at this time.

"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 a.m. and my shift starts a little later at 7:00 a.m., see you." Jeff replied.

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

"Bye." Jeff responded and Natasha smiles and nods to me as she makes her way around to the other side of their red pickup truck parked under the building.

Natasha was in their vehicle, next to Jeff as they both slammed closed their truck doors. Their engine started and they drove away heading off to their work.

Inside I went for about five minutes and patiently waited in the lobby. Looking at the old newspapers and club advertisements, I thought about taking Jennifer dancing at one of these clubs.

We have been out only a few times without the kids and it would be nice to check out some new places together besides bowling and the hockey games we went to on the weekends supporting the local Duncan team.

When I see no more ice on the front or back windshields I go back to the vehicle and it was toasty and warm inside. I took the ice scraper and quickly cleaned the remaining ice off the side windows.

Driving slowly out of the icy parking lot, I decided to go to the _Payless Gas Station_ instead of the _7 Eleven_ store around the corner. This was because a week earlier I had dropped off a resume with Mike the owner.

Last week, after speaking to Mike, he told me to see him in about a week. A week had passed. I was curious, plus it was a place both Jennifer and her family always used, bought gas, and visited for supplies.

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

As I was going to be in Victoria this weekend, this may be my last chance to see Mike until Monday. I wanted to get the location for his gas station in Victoria so we could stop by and check it out, and find a potential close place to move if work opened up for Jennifer and I.

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 hired someone for his other gas station in Victoria. I mentioned my experience as I had worked a graveyard shift at the Pemberton Gas Station for a year and had worked three years at the Nanaimo casino.

I was familiar with Greyhound ticket sales, lottery machines, stocking, gas fill ups, and dealing with customers. I could also deal with inventory of the main tanks when the tankers came in to re fill. That sparked his interest and he told me to be in contact with him next week, as he would know whether the worker he hired was working out or not.

My plan this morning was to remind him I was in town and available for full time work immediately. Whether I saw him or not. I wanted to get an answer today. If he did not need me, I would reluctantly start searching for a place to move to back in Nanaimo.

Jennifer no longer liked the place she had picked in Duncan. With a year least we could take our time, visit places in Nanaimo, Victoria, Pemberton, and Whistler, and probably get a condominium in North Nanaimo where the girls would be able to walk to after school.

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

With luck, and hard work, I could have both if I worked it out right. With an airport situated near Parksville and Qualicum Beach and close to North Nanaimo that I liked, it had great potential.

As a student pilot out that airport, and the fact that it was quieter than Nanaimo, I felt satisfied that 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.

Snap-shot, I arrived at the Payless Gas Station at 6:32:55 a.m., according to the surveillance video (that's me pulling in and driving our blue Ford Explorer); I noticed that Mike's large red pickup truck was not there yet. I was familiar with this station, as I had re filled the roofing trucks here many mornings that I worked as a part time roofer for Jennifer's dad Bill.

In front of the main doors I parked, went in, noticed that none of the new newspapers were in, got a coffee, and asked the young female teller if Mike was in and she replied not yet. I asked when the new newspapers would arrive. She thought around 7:00 a.m. about the same time Mike would be in as they were expecting him today.

With that announcement, I decided to wait the half hour, with nothing pressing to day anyway 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 newspaper rack beside the main doors and went back out to the Explorer. Noticing another vehicle behind me, I 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. As for news of new conventions or concerts that the family and I would like to attend, it seemed it was the same regurgitated news stories and gossip.

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 before the first winter storm that year.

It was February 18th, 1995 at 11:30 p.m., the evening before my wife's birthday. I had run out of cigarettes from smoking two packs that day. I was averaging one and a half packs a day.

My biological father Hal had three heart attacks and I was thinking of being like him and not being around my kids when they had children and their children had children and so forth.

At that time, we were living with Hal and getting to know the relatives and his friends in Dryden and Eagle River, all while I worked at the local Safeway grocery store stocking shelves at night and shovelled snow for people all while trying to get work at the local paper mill where he worked.

Denise, our daughter Stephanie, and I shared a bedroom in Hal's two-bedroom trailer. When not working we went snowmobiling, fishing, and hunting in the woods. I received my Firearms Acquisition Certificate (FAC) here. The mill had laid-off some people and I was enquiring elsewhere for work too.

Leona, my biological mother, lived in Nanaimo, British Columbia, and offered to pay for our trip to her and three months rent. After discussing it with my wife, Denise and I realized that I was out of smokes. I joked to her saying, "I'll quit for your birthday." Which happened to be tomorrow and in thirty minutes.

That evening, the weather was miserable and 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, I went to the gas station instead, filled up the tank, and bought a coffee there, as they do not allow people to smoke there, for obvious reasons.

When I went to work at the Dryden Safeway stocking shelves that night and did not smoke. Doing this same new routine, three days later I realized that I still had not had a cigarette!

It dawned on me that I wanted to live and see my kids have kids and their kids have kids and on and on. This was why I prefer gas stations instead of Tim Horton's for my coffee.

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 visiting and 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. We planned to spend today with Jennifer's sister and family, talking them all out to dinner, and tomorrow we would shop, stay at a hotel, relax and bond some more as a family should occasionally.

Counted and then recounted my previously saved $2500.00 Christmas money and had over $2040.00 in hundreds, fifties, and two twenties. The loose change in my pocket I did not bother to count. My wallet would not close and like always, I slipped the faded black leather wallet into the front outside ski jacket pocket.

Divorce thoughts came and I remember separating in despair and moving out when I found out about my wife's newest affair.

Thankfully, many family members had given me money to help in my transition and help me get set up in my new place in Nanaimo. I remember getting a car loan and lean on my car from my Uncle Duncan and needed to pay him back the $2000.00 that he graciously put onto my vehicle.

All to save it from being taken by Denise and Charles.

Denise said her boyfriend wanted it but, with a lean on the vehicle, they would have to pay the lean first and they wouldn't. I was now able to keep the car for my family.

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

Both the girls, and especially Stephanie, liked that arrangement much better. Stephanie was currently missing school on alternative Fridays and it was upsetting and not going well for her or our family. It was disruptive and needed some fine-tuning by all parties.

We were both considering sending the girls to a local French immersion school and later to Lakefield College School for their grade seven to grade twelve.

Smiling to myself, I thought the loose change jingling in my pocket would likely end up in our Looney and Tooney metal box and I realized I'd spent a bit more in Nanaimo yesterday than I'd thought.

I remember buying our new Christmas tree; it was a big bite out of the funds and the laundry, food, talking Elmo for Nathan, a Golf picture for Jennifer's dad, two Cell Phone Antenna Boosters, Crystal box for Jennifer, and lots more still to buy.

Some presents would be for my parents in Ontario, Jennifer's mom, and one present for my family here in British Columbia because all picked names and swapped presents for our BC family Christmas dinner. There were presents needed for three nieces of Jennifer's, her sisters, and brother, and my children. We were going to do well this year and once again have a nice holiday that was stress free after this weekend, I thought.

Buoyant, I expected to pick up a new bed for our apartment, a lovely dark wooden sleigh bed. I had to find a way to transport the bed to Duncan next week along with maybe new dressers. I wondered if COSTCO would hold a pre paid item. If not, I was sure that I could store it at my mother Leona's place or Aunt Cathy's until Christmas day.

Getting my business owners COSTCO card, I felt a bit of an accomplishment. I had used my ownership of PPL Legal Care of Canada business to get this card. Next, I hoped to become a homeowner by the summer 2004. I knew I could do this if 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 it out of the glove box, took off the battery cover and put on the Cell Phone Antenna Booster, which I had bought yesterday at Woodgrove Mall at the store _As Seen on TV._

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

Simple enough.

After I did this, I put the battery back on and turned on the phone for the first time this morning. The other Cell Phone Antenna Booster, as I had bought two of them, I planned to give to Jennifer's father Bill along with a golf picture I had bought for him at the mall.

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. That was what the advertisements said. We lived in an apartment building, took an elevator and our phone was cutting out.

I thought it was a good investment for Jennifer's cellular phone and her dad's cellular phone too. Bill was on the road most days and Jennifer complained that the signal was poor for him and for his roofing company when out giving estimates.

As I had switched on the phone, there were quite a few messages from Jennifer! Thinking something was wrong, I decided to cal her but the phone rang instead, it was Jennifer calling me, "Kelvin, where are you?"

"I'm having a coffee." I replied.

"What's all that noise?" Jennifer responded.

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

"Oh, O.K., where exactly are you?" Jennifer quizzed.

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

"Did you see my mom or dad this morning?" Jennifer asked, with a sigh.

"Nope, your dad has not dropped by yet. All I see is your mom's car parked around the back of the Subway." Looking around 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 told me as I put the paper down and got out of the vehicle.

"Sure, do you need anything here?" I inquired as I was going to go back inside.

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

Still chatting on the phone, I went into the Payless Gas Station, got the needed milk. All the while listening to Jennifer's rattle on the phone.

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

"Why is that?" I asked.

"Denise and Charles don't call here much 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 explained to me.

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

"Thanks, O.K., I need you back now, hurry back honey, bye."

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

By now, both my hands were full, a jug of milk in one and the phone in the other. I paid for the milk, left the store, and put in inside the vehicle.

My swollen bladder informed me at that time that I had to take a pee, which would not wait much longer. As I was a borderline type-2 diabetic with two bruised kidney's when I was little. I quickly went back inside, got the key for the washroom, and quickly relieved myself.

Afterward, I returned the key, and got another coffee before I drove directly home.

As it happens, it was the exact same teller who served me earlier, recognized me, and surprised me by only charging me for a coffee re fill.

I thanked her for the re fill price, 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. Girls, I will never understand them.

Slowly, I arrived at the apartment parking lot and parked carefully because of the glazed-ice lot.

Getting out, I noticed I had parked a little close to the edge that was icy. I opened the back door and took the milk from the backseat and when I closed the door, being off balance, I slipped on the ice.

Down I went hitting my back on the car parked beside me and hitting my tailbone on the parking lot. Getting up worried that I dented the car, I was relieved to see no damage except for my pride. I went back to the apartment, rubbing my behind.

The cold wind pushed me from behind as I went inside.

Up the dirty cream coloured elevator I went.

This box needed a good cleaning, I thought to myself.

Getting to the apartment, I opened the door, took off my jacked hanging it on the coat rack beside the door and slipped off my shoes while lining the shoes all up in a row.

It was a bit of a surprise seeing Jennifer dressed and sitting in the living room on the edge of the chesterfield watching TV. I smiled at her, she smiled back.

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

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

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

"I told you, just waiting for Mike to see about work at the Payless." I replied while giving Jennifer another kiss.

"Do you want to go back to bed with me or shall I just take a shower and get dressed for our trip?"

"No. Did you see him?" Jennifer inquired; excitement and hope flickered 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 reluctantly went in to the bathroom instead of our bedroom. I was feeling a little horny and a cold shower would fix it.

"Oh, maybe we can see him in Victoria or on the way over?" Jennifer leans into the bathroom and watch me get undressed and start the shower.

"Thanks for feeding Nathan at 6:00 a.m., I think I heard you leave at quarter after, 6:15 a.m. and wanted to tell you something but I 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 go Christmas shopping tomorrow instead?" Jennifer asked.

"Sure, if that's the case, 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." My plans had changed just a little. Instead of staying in a hotel tonight, it would be Saturday night instead.

I winked to Jennifer while turning on the shower.... Maybe she would join me.

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

I replied, "I wonder if there is work for me out there too?"

"Not for me, it's too cold!" Jennifer imitated freezing by shaking herself and chattering her teeth.

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

Testing the shower, I noticed it was warm; I stripped down, and slipped into the warm water as I had not had one yet today. After a few minutes, I started to lather myself down and shampoo my hair. Jennifer came into the bathroom and opened the curtain.

"Are you coming to join me?" I asked her as she was staring at me with my hands on my head in my soapy hair.

"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 as I was eager to eat a nice steak tonight. There were lots of good places in Victoria to book a table at and I had time all day while Jennifer chatted with her sister.

"Oh, thanks, what's that on your leg? As Jennifer peered at the new rash on my leg.

"Just another rash, sulphur allergy, I think," as I popped a white acne pimple on the rash, "I did slip earlier though getting out of the car," I told her. "It was icy outside."

All the while, I was thinking what I ate to make a new rash. I know that I was allergic to sulphur and all sulfa drugs. Anything with eggs in it was suspect as I constantly break out with hives. I cannot remember a day when I have not had a rash of some sort, on my face, arms, chest, back or legs. But I do like my duck eggs we bought at the local farm, so I don't mind the inconvenience of a little rash.

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

"Yep, and cold. I scraped the ice off the windshield and the car's warm now. However, it would warm up soon enough." I explained as Jennifer closes the shower curtain and leaves the bathroom.

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

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

Nathan had woken up, I had fed him a bottle of formula and changed his diaper earlier when I woke at 6:00 a.m. I saw that Jennifer had since put some of the new clothes we bought for Nathan from the _Superstore_ in Nanaimo yesterday on him.

I finished setting the breakfast table, poured cereal for al the children, and put out the jug of milk I bought. Myself, I was thinking of making some pancakes like those that I had made yesterday for Nathan, Jennifer, and myself. Maybe the rash was from the last of our eggs I used in the pancakes. I was getting to be an expert at making animal shaped pancakes.

Opening up my chef case, I reached inside for the whisk to use and mix the half box of instant pancake mix we had. To mix, you had to add water but I liked to add whole milk and eggs when we had them. It tasted a little richer. Glancing up at Jennifer, now sitting at the table eating her cereal, she was intently watching television.

Jennifer looked over at me, "I think you are right about this apartment. I do not really like it anymore; it is too stuffy and dirty. Do you think we can look around for a better place?"

Being distracted with this sudden question, and her shift in topics, 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 knew that we would eventually move but not so soon. I thought I would have to spend time to change her mind on moving from this place.

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

I was kicking myself for moving here to Duncan because after moving here, I received a few good job offers in Nanaimo.

Moreover, I was thinking of going back to school at Malaspina University for some construction, welding, electrical, and plumbing courses that would get me closer to being able to efficiently build and operate my dream bed and breakfast.

Snap! I felt something hit and pinch the top of my hand. Instinctively I yelled, "SHIT," and I quickly pulled my hand out of my knife case.

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 and larger case. Jennifer had told me that she nicked herself last week on it too.

Looking down at my hand and seeing the lid closed, I shook my head and re opened the lid. That was when I noticed that my middle knuckle had a little cut on it and it was bleeding all over, dripping onto foam in the box and my knives.

Hearing me swear, Jennifer came rushing into the kitchen with a worried look on her face. "What's wrong?"

Pulling my hand away, I remember warm blood lowing down around my hand. Watched it drizzle through my fingers and the blood getting everywhere. Thinking fast, as it was making a mess of some of the tools inside, I rinsed my hand in the sink and then retrieved a clean facecloth from the linen hallway closet that I used to press on the superficial cut.

Coming back to the kitchen, I realized I also had to clean my case, tools, and knives. I was looking especially at the sharp pointed scraper with a red tip at the centre of my knife case as the culprit, and glancing down I saw a paring knife in the middle that appeared to have some skin on it.

I clearly remember the shocked and drained white expression on Jennifer's face when she looked at all the blood on my hands, case, and sink.

"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 rushed off to the bathroom. I followed her but stopped, she sounded sick, I returned to the kitchen after getting another white face cloth from the hallway closet. I turned on the faucet tap. Putting my hand in the cold water, I cleaned it and pressed the wound closed with the new face cloth then turned off the tap.

Closing the case, I remembered the blood on the foam, and the scraper on the lid that I would have to clean, along with all the knives and tools. Oh well, later, after I fixed my own cut!

Thinking of basic first aid, I wondered where my crazy glue was. I rattled off a list of possible locations and realized that it was most likely in my car glove box with my first responders' kit, parked down the road in a farmer's field with the FOR SALE sign in the window.

Oh well. I will have to get two more first aid kits, another for the house and one for the Explorer.

Jennifer came back from the bathroom and gave me a few Band-Aids. She was standing in the kitchen by the kink watching me clean the wound. "That's going to need a stitch or two." Jennifer was getting paler 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 as I cleaned it up. The bleeding had slowed by now to a trickle.

Which was true, thinking back to when I worked for _NAP Windows and Doors_ , a glass factory, and had some real gushers as well at _Plastalene Ontario Inc._ , a plastic extrusion factory, where I sliced my leg and hands on the knives used for the plastic rolls and sheets, in addition to a few mishaps at different jobs while working as a chef.

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

Looking at my hands, I saw that each are covered with many dozens of scars from glass and knife cuts I accumulated over the years. Twice as many scars adored my right hand versus my left. That was because I was left handed.

Overall, I prefer crazy glue.

Panicky, Jennifer yelled at me, "No, it needs stitches and a doctor. Let's get everyone ready. You are going to the hospital right now."

Wow, this was another side of her I did not know, protective and concerned.

I did not think that this required stitches as the cut was superficial and not very deep. It looked more like a paper cut on the surface. I have had many stitches before and did not relish the long waiting times at hospitals, nor the numerous repetitious questions especially when we were going to Victoria.

"OK," reluctantly, I agreed to go and get it looked at and appease her. We got the kids up and winter dressed with warm jackets on and skipped our family breakfast.

Stephanie asked me, "Are we going to Victoria, Dad?"

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

I felt bad that the girls were not able to get anything to eat yet and the hospital might be a long wait. Injured, we all went downstairs and outside to the blue Ford Explorer.

I asked Jenn, "Should we stop at _McDonalds_ first for some breakfast?"

"No," was her prompt reply.

Carrying Nathan in one arm, and Kimberly holding my other hand while Jennifer was holding Kimberly's other hand and one of Stephanie's hands too. All of us were in a line as we walked holding hands and crossed the icy parking lot to where the vehicle was parked on the icy slope.

Overhead, I heard the sound of Canada geese flying.

Stephanie went around to the passenger side with Jennifer and got in behind her, as she did when we travelled together. I lifted Nathan and put him into his car seat in the middle of the back bench seat. I lifted Kimberly who was holding my pant leg and put her into her booster seat behind my driver's seat.

Bucking all the kids in their seats I closed the door a little too quickly, slipped on the glazed ice by the car, and swore as I tumbled down. Not again, I should have put on my winter boots for ice and not my beige suede summer shoes.

Taking a deep breath, I remembered the Band-Aids inside my ski jacket pocket and I took out two of them and put them on my knuckle. My reasoning was that I was going to drive and could not hold the face cloth and drive at the same time.

Getting inside the car on into the drivers side, Stephanie was a bit upset about my language. I turned around and looked at her, explained why I swore and apologized for the sudden outburst, "Sometimes when people fall or hurt themselves they swear, sorry."

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

I slowly rolled the vehicle out of the iced glazed parking lot, driving next door to the hospital. Looking at my hand, the bleeding had nearly stopped. My mind starts thinking about going over to the _7eleven_ store at the end of the block and buying some crazy glue instead of visiting the hospital.

This way I could avoid a hospital stop and some expected bad stitching that follows. Hospitals do not like to use crazy glue. I know, I have asked.

Thinking about this, I believed 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. Then again, I could be wrong and it would not be the first time.

Jennifer continued, "First we get your hand looked at, then Nathan goes to day care and we can grab breakfast at mom's _Subway_... I need to see mom before we go to Victoria to arrange for her to pick up Nathan later."

"O.K." I replied.

Driving past the first entrance to the front of the hospital I was thinking of going to the family clinic Jenn goes in order to get her Depo Provera shots but Jenn said, "No _McDonalds_ , go to the hospital Kelvin Purdy." I turned into their emergency lane at the edge of their property. This road led to a parking lot in back.

Now, Jennifer using my full name meant it was serious. She was like my mom when I was being scolded as a child.

We arrived, parked, piled out of the car and I noticed that it was a bit busy. After a brief chat with the nurses, telling them 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."

A peck on the cheek and she was gone.

As soon as she left with the kids, the female doctor came and asked for me. She asked when I cut myself and I told her about an hour ago. Since that time, I had been here at the hospital for almost an hour waiting.

She wrote down her own estimate time. From cutting myself to being at the hospital, I do not think more than 10 minutes went by as we lived next door plus the nearly hour long restless wait at the hospital. She then 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 one this fresh, it appears clean." She replied.

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

She took out a bottle of cleaning solution, 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 responded while flexing my fingers.

Pulling the skin and poking inside the knuckle, she smiled. "That makes sense. Well, it is not deep and it did not cut any of the muscle or the tendons. This is good; it is superficial and will heal nicely."

With little needle jabs, she quickly gave me six small stitches, cleaned the area, and put a bandage on the wound. She sent me home saying, "keep the bandage on for seven days, come back and I'll remove them."

"Thank you," I responded. Looking in the lobby, I failed to see Jennifer or the girls so I left the Duncan Hospital.

Going outside, I saw Jennifer in the parking lot talking to a police officer.

Smiling, and thinking that Jennifer's heavy foot had caught up with her, I walked toward her and called out "Hey Jennifer, did you get a speeding ticket?"

As we lived near three schools, the police were always around waiting and ticketing speeders. Knowing Jennifer liked to drive quickly; I naturally assumed she had gotten a speeding ticket and that was why the police were talking to her.

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

Still smiling, I thought that she must have been back from dropping off Nathan at his day care. It was still cold outside so 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, Jennifer and the RCMP.

Walking confidently towards them without a worry in the world, smiling, I had nothing to hide, I had not done anything wrong. All I was thinking about was how much Jennifer's ticket was going to be.

As I approached her, I reached into my pocket to take out my keys. She appeared sad with tears streaming down her face. I was now standing beside the Explorer and saw my girls at the window poking their heads out, eyes wide and listening.

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

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

"Kelvin Purdy, why?" I happily replied.

"We got him, you're under arrest." The officer replied 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, confused, and concerned, I stammered to Jennifer, "What... about my ex, Denise?" I did not like the tone of the officers' voice.

My kids were looking on with shocked expressions on their faces from the rolled down back seat side window of the Explorer, both hearing and listening to what the officer was saying to me, as I stood by our vehicle.

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

What?

It was not true.

I just spoke to her last night.

What's my fault?

My mind and body was in sudden shock.

I had to think this through.

Get a grip Kelvin.

I know that I did not do anything.

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

I have been told how wise people are happy, and happy people do not get angry. They have too many endorphins. It still did not register with me that Denise was actually dead.

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

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

Watching television shows, my kids had been conditioned to believe that the police only arrest bad men and that the police always told the truth.

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

I was unfairly being arrested!

Shock and disbelief hit me as I was the one being violently dragged away from my family. I was terror-stricken and devastated as I overheard the officers telling my children aloud that I did this untrue and terrible thing and I was a bad man.

I had no Counsel, nor had a police warning been issued yet (nor 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.

"Take this," the officer said to the 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 to me what was on the card. Instead, he pocketed it and pushed me forward.

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

"We have to take this bad man away..." I heard an officer brainwash my kids as I was being pushed and herded away in shocked humiliated confusion towards a police car in the parking lot.

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 spoke to her last evening.

I glanced at the police who were looking on with smug expressions of delight and smiling at me.

My only choking reply was to say again, "No," and try to tell to my children's poor frightened faces as I was being dragged away, "Girls, don't worry, I'll see you soon. You shouldn't be arresting me!"

Even though my questions remained unanswered and fell on deft tunnel vision minds and ears.

Our kids saw me being violently hauled away by the RCMP and my eldest daughter Stephanie screamed at the RCMP:

" _Don't hurt my daddy!!! Don't hurt my daddy!!!"_

That was the last memory of my two youngest children.

Their terrified screams pierced the chilly morning air across the ice glazed Cowichan General Hospital parking lot in Duncan, British Columbia, Canada.

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

Their horrified and alarmed cries were repeated over and over as the RCMP rushed, handcuffed, pushed, and slammed me into the back of the nearest cruiser without first reading me my rights or telling me why. I was petrified and terror-stricken.

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

All I could feel between the hard plastic bench-seat was the gritty sand between my hands pinned under my legs against the biting cold handcuffs cutting and slicing into my wrists that were now bleeding.

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

Why are they arresting me?

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

In despair, I was in turmoil.

It was incredulous, unbelievable actually, it still did not register with me that the officers said she had actually passed away.

I saw my clean-shaven angular reflection in the window, my eyes were again changing colour as they do when my mood changes. They went from dark brown to green to a brown gold 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.

What had her ex, Charles done?

_Was it an abduction gone bad resulting with murder?_ Charles bragged about his Nanaimo Hells Angels connection and threatened to kill me and put me in a deep ditch was troubling.

_Were drugs involved?_ When I moved out, I thought Denise was on some supplied by him. The coroner would verify if any were in her system.

Thoughts raced through my head, like a dancing monkey.

Defensive, I kept thinking that this was all a mistake, it would soon be corrected, like in an hour or two, or later this day, after I talked to Denise.

I was trying to kid myself and started thinking that the police were just being safe and sure, confident that they were going to do their job and easily verify my alibi after talking with Jennifer, and I would walk out of here to be with my children and family to sort this mess out.

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

I was innocent!

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 pale reflection, red ski jacket, light beige turtle neck, blonde dyed short cut hair, clean shaven, dark amber eyes, feeling nauseous as all this slowly sank in along with the stench of the police car.

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

Being treated like an animal, passed through the gates, I felt like I was being swallowed completely whole.

Glancing at the clock on the wall, the time was 9:00 a.m.

I was herded immediately into a dirty city cell around the corner of the counter.

Why was I being treated like I did something wrong?

When was I going to be questioned to clear this up?

Again, I remember that fateful time, my first time in a jail, it returns in flashes some evenings. The iridescent lights, a constant headache because of their constant humming, not ever turned off.

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

A pigsty or farm animal stall would be cleaner.

Smelling the puke from the toilet that was not flushed, 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," an officer who pushed me from behind said.

Complying, I was forced to strip off all my clothes and they were all placed into one black 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 felt wrong.

Why was I the one being stripped?

Then, one of the officers said. "We better separate all his clothes."

They dumped all my clothes out on the dirty cell cot, and 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 wondered 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 and I still had not been able to contact anyone.

I had become a Manager for an organization and was selling Pre Paid memberships for Counsel representation and assistance at a 25% discount for a monthly fee. This was a new insurance that people could buy. I had become qualified to sell these individual plans, and I had also been certified to sell business plans for groups and organizations across Canada and in the United States of America.

Without being able to contact PPL Services and discuss my case with them, and for that matter I had not sent in my change of address and new banking information that was sitting at home. It was very strange that I had Counsel representation provided by the RCMP.

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

I was brought back to the counter and told to sign, under duress, a form called a _C13, Prisoner Effects Sheet..._ it was blank.

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

The exact amount was $2036.00, that took into account the two coffees (includes .50 cent re fill) and milk as I had started out with $2040.00 earlier this fateful day along with some coins for change.

Stunned, I was 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 poor kids.

"You were arrested for the murder of Denise Purdy, your wife," the judge responded. It hit me like a tonne of bricks, Denise was dead. This was also in error, Denise was no longer my wife, she was an ex wife.

I have asked for a transcript copy of this taped conversation but still have not received a copy of it to date from Crown or the RCMP.

Knowing 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. Nevertheless, this was beginning to feel real; I felt I should have a lawyer, my PPL lawyer.

The police arranged one telephone call for me and that was to the Pre Paid Legal office in Vancouver and I only spoke to a secretary there, who informed me that my membership needed renewal. Of course, the signed renewal and envelope was back home sitting on the desk waiting for a stamp before placing it in the mail.

Reeling, I wanted to call and make sure my kids were taken care of for the next few days until this mess could be sorted out. I needed to prove my innocence, but how?

Needing more information, like how she died, who are the other suspects, where was her boyfriend Charles this morning, and what DNA was found at the crime scene. It sure as hell was not my profile. Oops, excuse the language.

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

Time went by, 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 asked.

"Denise Purdy died at around 6:20 a.m. on LaSalle Road on her way to her bus stop." Taylor replied coolly, "You are going to be moved from Duncan to Nanaimo. When you get there, don't talk to the police without me. 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 away, I knew that I would not be let out soon or today. But, I knew that I had proof of my innocence. Nanaimo was an hour drive from Duncan. The time she died was 6:20 a.m. and I was at the Payless Gas Station in Duncan getting a newspaper and coffee at that time in question or soon after around 6:33 a.m. Taylor could help me with the exact time of 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.

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

Feeling a bit dizzy, queasy, and affected by nausea at this time. I was thinking about Denise and what I think Charles 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. I felt like something was off with him but could not put my finger on it.

I felt more comfortable that someone had arrived and would listen to my pleas and my side. Going over what I heard Taylor inform me, truly shocked me. I was listening to him, but only catching parts.

"...remember, do not say anything to the police and keep your mouth shut."

OK, like the television shows I remembered watching.

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

This was a dizzy nightmare for me. Nevertheless, 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 choking back a sob, I agreed and told him, "I've seen CSI on television 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. She obviously will be questioned and tell the police this and re-confirm my alibi and then will they not have to 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 had a solid alibi.

"I even talked to my neighbours Natasha and Jeff at around 6:20 a.m., before they took off for work in their red pick-up truck. I never left Duncan. I did not do this. I need to get out and be with my kids."

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

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

The only thing I knew for certain was that I was innocent. I was on video surveillance in Duncan at the time in question and several witnesses saw me in Duncan, an hour drive away, at the time in question.

Nobody, I thought, could change that fact.

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

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 and burial in a plot near Nanaimo.

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

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. A four-bedroom if one was available.

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.

However, I needed to get out first and be given the opportunity of being presumed innocent.

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

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

"Charles, no, no, he had the perfect alibi. He was at work at BC Ferries. It couldn't have been him." Taylor tells me.

Not waiting for an oral response left and the door clicked shut.

Now, 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 did not make much sense.

I started to think about all this reply some more, something did not sound quite right.

My breathing stopped for a moment; 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 ask me if I killed my best friend Denise or who I thought may have done it.

Suddenly, as quickly as he arrived, he had left me. I felt alone and cold all over as the Goosebumps arose to cover my cams and my entire body.

I was furious. Nobody was listening to me, no mention of a bail hearing, and I had to spend another 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, did not care whether I was innocent or not, and I had to go to Nanaimo as a chained criminal for a few days of intense interrogation.

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

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.

The cell was damp and dirty. I was given only a thin used grey wool blanket for warmth that evening. I remember the lights 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 I had nobody to talk to and comfort me.

Demoralized, I opened up and cried myself to sleep over the reality of my predicament and the loss of my ex-wife. My children were now alone without either parent.

Watching the darting of this creature, hearing the radio and television that the officer on duty was listening to _"...disgruntled workers...CUPA.._ "

I suddenly realized what was bothering me...

BC Ferries was on strike all week!

It was in all the newspapers, blaring on the television, and the radios.

How could Charles be at work when the workers at BC Ferries were on strike and have been all week long?

I had to ask and tell my Counsel next time I saw him that Charles lied to the police about his alibi, which was deliberate Obstruction of Justice in a murder investigation.

Charles could not have been at Work at BC Ferries during a strike!

Now, my mind raced, going over in my mind lighter and darker thoughts: _This cannot be happening!_

What exactly did Charles do to her?

When I find out, I'll do to them whatever he or they did to my ex.

Could Charles have done this?

Yes.

_The cops better catch him and check this out before I raise a stink about it_.

All I know is that I did not do this but I will find out who did, one day.

_Lex Talionis:_ eye for an eye.

Revenge, more dark thoughts raced around like a dancing monkey.

I felt I had truly found and identified the culprit of this horrific homicide: Mr. Charles Panet.

Stop. I had to stay clear of these dark ideas.

Thoughts turned to praying that my girls would be O.K. I think that with the new information that I will be out in days and especially when any DNA is tested, it will clear me. Sooner when they get and watch the video surveillance tapes and see that I was only in Duncan at the time in question.

My mind did not have much to go on at this time. The fact is I know I should not be the suspect and I know 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 would do their jobs and would learn they have the wrong person, 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 the horrible night in the puke smelling drunk tank but the officers replied, "No" to my requests.

December 12, 2003, the next day, I was transferred to Nanaimo RCMP cells.

When I arrived, as instructed I asked, "Can I call my lawyer?"

Cst. Rupa, the officer that transferred me, while taking off the handcuffs, replied with a question, "Did you see your lawyer yesterday?"

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

Cst. Rupa said, "That's good enough for a piece of white trash like you, this way."

He gave me another shove down the concrete hallway towards one of the damp Nanaimo cells. It felt almost like a punch but it did decelerate. 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 the RCMP officers were trained to be impartial and unbiased.

Fuming over this refused Counsel access, and being shoved, I kept my frustration and urge to sock this person in check.

I knew this person was prejudice towards me. He did not know me and he seemed to want me to respond violently to his deliberate shoves. I was not going to give him the pleasure of any responses.

Therefore, here I was in another wet and damp but two-bed cell with a camera in the top corner facing the cold metal toilet and sink. 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, was uncomfortable.

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

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

Neglected, I tried to hold my sobs and tears in check and lay in bed, fuming at the waste of resources the police were using on me and not out there finding the real killer who was walking the streets free.

In my mind, I kept thinking that when I get out I would get the answer from Charles, because I know he had something to do with this or knew who did because there was absolutely no reason for him to lie about his alibi to the police and Crown prosecutors.

I was infuriated, upset, and angry that Charles, his roommate, and friends were not being brought in, questioned nor investigated by the RCMP. They were being given a pat on the back and a "Get out of Jail Free Card" or "Hall Pass" for murder.

What person would not be upset about this flawed turn of events?

Remaining mute, I ignored the probing questions my roommate asked me. I sat 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 kept me warm.

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

Again, it was a slippery slope down this path of darkness.

How do I prove myself innocent?

That was in my every lonely 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 but my wrists had stopped bleeding from being cut from the police handcuffs. They were just bruising a little now. I was able to massage them so that they were not throbbing much. I noticed that the grey Chateau wool sweater had new blood stains around the wrists area from the metal handcuffs.

I was feeling mad inside but sombre. I kept it all in check.

How can they get away and treat an innocent person this way?

Patiently, I waited for answers to come, any kind of disclosure. Keeping my eye on the stranger who sat on the steel cot bolted to the wall next to mine, he looked like a killer, and that scarred me.

This person had the air, looks, and was most obviously a cop.

There is nothing more dangerous than a killer with a badge.

A few hours later, another officer came in and asked 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 right there on the wall."

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

Then the police roughly brought me to yet another cell, a few minutes afterward they opened the cell door and put the same stocky built person in the cell with me. He sat on the bunk across from me, glaring.

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

To everyone, I was going to be a mute as my Counsel access was being denied me. I still had not been read my legal rights and I had been denied access to my Counsel and choice of Counsel.

Hours passed in this cell.

Two officers came in, grabbed me, and brought me upstairs for an interview. Before entering, I told 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 did not show up during the initial four-hour interview in which I stayed quiet as I was waiting for my lawyer to come. He never did.

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

Why did these people think I did this?

Again I contained my crying after seeing proof of the death of my ex wife Denise. Choking back sobs, my nose and eyes started running like a hydrant. Worried, I felt like I had been swallowed completely 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. I just did not know who to direct my anger at.

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

During questioning, not once did any officer ask me if I did this.

The questions repeatedly were, "Why did you kill her? We know you did it, just tell us how?"

Repeatedly they prodded me with these false assumptions and I shook my head, cried some more, and went through a lot of provided tissues for the tears rolling down my face and runny nose. All the while I was shaking my head angrily 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 was innocent?

I was hopeful that they would stop wasting their valuable time questioning me and go after a real suspect like Charles, the immediate boyfriend.

Is the RCMP that incompetent?

After four hours of intense interrogation, and denied sleep and food, I was brought back downstairs and put into a 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 inmate.

They rattled back and forth, on and on. In summary, they had changed their stories many times from not knowing each other to seeing each other on the ferry, then growing up together. They were clearly cops.

Nothing made much sense except that they were bad actors at role-playing. I had experience being an actor and as a movie extra for a few movies and commercials. You lean to distinguish bad ones from good real quick in the film industry. These were both bad actors.

Then, sitting in the damp grey cell after several more hours with the lights on and being deprived of quiet and sleep for the third day, I was taken out and interviewed for around eight hours.

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

Then, Cst. Rupa arrived and called for me to follow; I dried my tears before leaving the cell, where I had learned about bad cop, taunting cop interrogation.

My mind raced over this mental torture and inexcusable behaviour on the part of these Nanaimo RCMP officers. Here I am, in RCMP cells and the police are threatening to kill me. What a puzzle, to provoke, threaten, and intimidate an innocent person.

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

Not once during those eight hours was I offered water, food, nor rest. Again, I asked my Counsel to be present while in transit in the elevator and was denied this.

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

So, I made sure I was inside the interview room and asking a third time, and knew it was on videotape me asking for Counsel to be present. The RCMP clearly can be seen as not providing Counsel to me and present for this eight hour interview.

Why have the police assumed my guilt?

I do not know.

Tunnel-vision?

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.

Days later I was again photographed by Cst. Dan Kingston on December 15, 2003, at 15:55, due to an infection setting in on my dirty hands after he ripped off the bandages.

My hands had been stepped on, clean bandages had not been put back on, and I was denied medical treatment.

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

Why are the police being so nasty to me?

Disturbed, I still do not know to this day.

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

I can only guess about the reasons and hypocrisy.

Again, I repeatedly asked for the video surveillance tapes of all my cell time, as all the cells had cameras in them. However, still to this day, I have not been allowed these and for that matter, any file information of any case 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 with cases they worked on being overturned all because of their "tunnel vision" and lack of honour.

Alarmed, I remember that during one of my interviews, the police, and Cst. Rupa specifically, got enraged with me as I refused to say anything and was reticent. Nevertheless, I did write a short letter that they promised to give to my kids.

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

Also, during this interview, Carmen, Denise's aunt from Ontario and the person who first introduced us together, surprised me with a visit in the interview room.

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, while 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 received another hug from her; I started to cry on her shoulder. This was starting to sink in as being my worst nightmare. I actually had lost a part of my family and I did not get to say goodbye to my friend and the mother of my two youngest girls.

In truth, I was beginning to believe that I was in real trouble. This was not a prank at all.

All those mixed feelings boiled up and I had family to comfort me, yet I thought that she did not believe in my innocence.

Confused, my whole world had come crashing down on me.

In the end, I was able to get a few hugs and cry a little bit over the loss of Denise. I remember saying 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 came in and had Carmen leave.

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

I was furious and angry that they could brainwash a child into believing this and especially to a young nine-year-old. 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 repeatedly, and seeing their father arrested, and especially RCMP in uniform telling them about their father killing their mother would assume that this was true; especially when they saw their father arrested and taken away by police.

Kids have been led by television shows to believe that police only arrest bad people, and they do not make mistakes. With me they had.

I easily saw this as RCMP brainwashing my child by arresting their father in their presence and dragging him away from their care and telling them falsehoods like these implying questions.

Misled, I understand that Stephanie and Kimberly would come to believe all these false allegations, it would become true in their minds after many years without contact with me or my family, and especially when reinforced by the police and Crown.

Cst. Rupa admitted to bribing Stephanie by giving her, and only her, a "Gift" computer system. Furthermore, other officers showed Stephanie pictures of crime scene evidence and photos of blood smears and told her to redraw what she had been shown.

After seeing the RCMP photo of the dashboard, a picture that was clearly taken from behind the driver, Stephanie started to believe that this was her viewpoint and that she was sitting behind my seat. This was a lie. Kimberly always sat behind me and Stephanie sat behind the passenger side where Jennifer sat. To prove this, I showed a photo of Kimberly sitting in the back seat to my Counsel.

I believe that was clearly 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 secure a false conviction and close a file.

Tuesday December 16, 2003, arrived and I was escorted to court. The judge refused to address the bail issue for me and instead remanded me into a place called VIRCC, which I learned stood for Vancouver Island Regional Correctional Center, typical of a Conservative judge.

Living and witnessing first hand a failure of our justice system and the start of tunnel-vision by the RCMP and Crown.

Where were the other suspects?

I was denied my Canadian right to be presumed innocent and bail. Especially when I know no DNA evidence existed against me, as I was not in Nanaimo that fateful morning of December 12, 2003.

Off I went with the Sheriffs to Victoria, splendid isolation, rejected, and shunned. Presumed guilty.

Arriving at VIRCC, I was immediately deprived of all my clothes, socks, and underwear. Given some previously used old blue underwear, used holey socks, and two stained red tracksuits to wear while detained along with some Velcro strapped white shoes that had no arch supports.

Ushered and led down the hallway and into segregation or twenty-four hour supervision. It was my 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. I am also allowed to take a shower. After five days, it was the nicest shower I had. I was given a mini toothbrush to use and a small tube of institutional 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 first 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 optimistically that things could return to the way they were before. Then reality sets in. Someone will cough on the range, swear, and kick a door. There is always someone that is noisy here.

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 looked up, sniffed and shake my head. I learn to sleep with a blanket over my face.

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, the rules of the court and court procedures. Bringing the order of just, as the cause was 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 with some money tickling in, I bought tea and vitamins my body craved, being a diabetic, I avoided most of the sugary items that seemed to make up the most of our canteen list.

After a few more days, I got the opportunity to call and ask to talk to my children. I wanted to reassure them and tell my side, I never did.

I wanted to give them the opportunity to let them make up their own minds on this whole mess. I knew that the police had been feeding them lies about me, others were writing colourful stories about me in newspapers, trying to paint me in a bad light.

Nevertheless, I was not allowed to talk to them when I called their house. Carmen, answered and asked where I was. I said, "Victoria VIRCC, Vancouver Island Regional Correctional Center, can you put the girls on please."

She immediately hung up on me and would not let me talk or call back because she placed a call block on the VIRCC phone number.

I called and chatted with Jennifer, and learned some things...

Jennifer told me that after I was arrested they took the Explorer. The next day, on December 13, 2003, she dropped off some clothes for me at the Duncan RCMP and picked up the vehicle. She then cleaned a pizza stain that was new on the passenger side dash.

This was 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 was sure that had any stain been on the vehicle on December 12, 2003, that Jennifer, Stephanie, or Kimberly would have pointed it out immediately and asked, "What's that?"

This did not happen because I, nor my family, noticed any stain in the vehicle. It was a mystery how it mysteriously appeared only after being searched by the RCMP.

Jennifer then told me that after she washed the inside. When she was done, she was instructed to come back down to the police station for another interview.

Cst. Turton and Cst. Rupa were waiting for her and told her that the new stain she washed in the vehicle was actually blood from Denise and Kelvin.

This I knew had to be false. The RCMP had not done any scientific analysis and they were now telling a witness misleading information before they had complete information and concrete results that could be shared and disclosed to the defence.

I remember the rush to hospital, which I drove to from our apartment, holding my lightly bleeding hand against my chest on the way there. There was no stain in the vehicle.

Cst. Turton admitted under oath to not finding anything while sitting on the passenger side on her first entry into and inspection of the vehicle. Jennifer told me later that she only saw a stain on her second entry into the vehicle from the back seat. This was very suspicious.

Jennifer again told me she only saw a stain on the following day, after picking up the car from the police station, washing it, and seeing it for the first time on December 13, 2003. She too thought that was odd.

After seeing this, she was again interviewed by the police (for the second time) and rightly told them that it was a new stain she had seen. Furthermore, Jennifer told police that I was at home with her at 6:00 a.m. on December 12, 2003, and then police became very angry with as a witness and telling the truth about a sound alibi she provided me.

Jennifer's first two interviews with the police were true. She had not spoken to me by this point and she was too afraid to lie to the police or change her story except by coercion. Jennifer told police that I had not been gone for more than 45 minutes, way less than an hour and not for the two hours plus required to drive to Nanaimo and Back from Duncan.

She was my proof of innocence, but somehow the police slowly coerced her over time to alter her previous statements.

Where are the RCMP profiles for comparison?

The police that entered the vehicle and searched it. I bet their DNA profile would be a positive match to the stain when I received them. This was something I would ask my lawyer to get.

For that matter, where was Charles profile? Should not the immediate boyfriend of a murder victim be included for DNA elimination?

I remember earlier that week seeing the Nanaimo Daily Newspaper photo of the crime scene. Cst. Holly Ann Turton was standing on the sidewalk not wearing the required gloves, nor the white bunny suit and booties, and there was another officer bending down at the light pole taking a sample and he himself was not wearing the required white bunny suit.

Get these profiles for elimination.

Therefore, I called and ask family to send to me any newspaper clippings and photos that they find about my case. I needed a break in this case.

Downhearted, I told 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 was not enlightened. I trusted the justice system and our famed RCMP would do an honest and thorough investigation. DNA was DNA, you either match or you don't, and I knew I did not match the profile of the actual suspect.

A few weeks later, I received a no contact order for my own children from Aunt Carmen and Bartolina, the children's Grandmother. This was clearly unfair. I was not allowed to be present for the court hearing to defend my rights.

In fact, in the affidavits by them, they claimed that they did not know where I was and therefore could not serve me the papers required by the court rules. Funny, as soon as they got the court order, they were able to deliver it to me forthwith by courier! This was proof of lying to a judge.

This no contact order was clearly based on lies from the start. Carmen lied by saying she would move to British Columbia to help raise the children but, as it turned out, she did not.

As soon as the order was issued, with her name included in the paperwork, she immediately cleared out Denise's and the children's bank accounts and then went back to Cornwall, Ontario to live and has resided there since.

I cried that evening again, because I did not get the chance to say goodbye to my kids or go to court to defend myself. 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, why the RCMP did not do their job and who in authority deliberately covered this up and why.

Who would not fantasize about true justice?

Vengeful, I know one day I will find out who is ultimately responsible for all of this. My children's mother was brutally taken from them and now they have lost their father too.

In fact, family and Counsel told me that Carmen's visit to Nanaimo did not last long. I was informed that she went back permanently to Cornwall a few days later, after she apparently lied to the police, along with the help of Charles, about an alleged kidnapping involving her. She claimed that she was abducted and taken to a barn and $2000.00 was taken from her, Denise's and my children's bank money.

Then after a short police investigation, the RMCP learned that it was all a lie to get money from Victim Services. Of course, she was not charged with Mischief or Obstruction of Justice during an RCMP murder investigation. That would only have been done if this was an honest and proper investigation.

After this incident, she fled back to live in Cornwall, Ontario. She was not available to take the stand when I asked my Counsel on this. I find it strange that a person I asked for was not put on the stand, especially when the RCMP placed her in my interview room during my second interrogation. I can only speculate and guess that the Crown did not want proof in court that I was every emotional after learning about all this.

While waiting for my bail hearing, Jennifer told me a Charles guy, who was apparently a security guard out of Vancouver and trying to become an RCMP officer, took her out to Victoria and raped her.

This shocked and outraged me.

Tolerant, I told her to call the police and charge the person.

She did not charge him for whatever reasons she had.

At this time I was starting to realize that our relationship may be over for good because of everything that had happened.

During one of our calls around this time, I overheard some questioning and prompting by Cst. Turton, a voice I had recognized in the background. I asked who was there and Jennifer said, "Holly." This confirmed my suspicion that it was Cst. Holly Ann Turton coercing Jennifer.

I knew then that our relationship was regretfully over.

All I could think about was that the woman I loved was no longer part of my family and this broke my heart.

Jennifer and I had no kids together. Over time, I learned from disclosure by Counsel that she appeared to have recanted all her earlier statements to help herself in avoiding drug and theft problems and pending charges with the police. The RCMP had enticed her with dropping her charges for a more favourable testimony against me.

The trust I had in Jennifer had evaporated, like trust with my ex wife Denise, and first common law girlfriend Kathleen, when I discovered that all three went out and had affairs while I was away.

Unhappy, I knew had placed my love with the wrong persons.

When I learned that Denise was seeing other people we moved and went our separate ways. That was why I moved on to Whistler. 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 at all hours of the evening and with different people she met at the gym. I wanted someone to be faithful, kind, and honest with me. I wanted a loving companion in my bed with me each evening and not sharing a bed with others.

I remember Stephanie told me, "I haven't seen Mommy in three days." This broke my heart and woke me up to my reality of my relationship with Denise.

Crushed, I asked the officers at visits for a no contact order on Jennifer while I was detained at VIRCC. 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. I never did rescind the no-contact request from visits.

After the no-contact order was put in place by Crown that I was called down to visits and saw Jennifer sitting there. I would smartly turn around and leave immediately. I had nothing more to say to this person. Why she arrived there in breach of the no contact order I asked for and the Crown imposed, I do not know to this day.

Months go trickling slowly by.

During this time, I get to work in the kitchen. First as a cleaner and I move up through the positions quickly as the chef discovers I have talent cooking. The top position, which I end up sharing, was making the soups and cooking the main entrées for the entire population.

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 file ED 037144.

Then I had to force Mr. Taylor with the threat of firing him so that he would do a bail hearing for me. He comments to me, "They don't have anything on you yet; let's wait for some more evidence as nothing matches."

Fuming, this got me more upset.

If nothing matches, why was I still being wrongfully detained?

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 asking myself, was this not the time to go for bail especially when RCMP and Crown had no evidence against you and especially when you know you are innocent?

Distressed, I pleaded over the phone numerous times and in person when he would drop by for a visit, for Mr. Taylor to arrange for me to attend my wife's funeral, get me a computer system, and to see my kids. But he refused to do so. I was shocked.

My friend and ex wife of ten years was dead. I was irate at the police for not doing their job of finding the culprit and at being denied the opportunity of being presumed innocent and not allowed at attending a family funeral.

Denise wanted to be buried on 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 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 as was I. We both wanted to be buried on Vancouver Island. I still cannot believe how fast Chares got her body cremated and avoided a proper autopsy on her body. He had strong connections.

Certainly this would have been done as I had asked my lawyer to do this to prove the claim of beatings Denise had suffered at the hand of Charles including the evening before her death.

Denise and I had both done up our wills after Kimberly was born and the wills were clearly ignored. We both signed papers that our children should have gone and resided with their Godparents in Dryden, Ontario if anything happened to both of their parents and we could not take care of them. I still do not believe that this has happened.

I was so angry about the whole incarceration, an unfair system, but I could not do anything. All I could do was write down my thoughts in my daily diary. I was a victim too.

Time trickled by while being incarcerated.

Counting the days of being innocently detained, I wrote them down on the top of all the letters I send out, right beside the date at the top.

Day 73 ~ February 23, 2004.

All I thought about on my birthday was that I was innocent. Chatting with anyone who would listen, I told everyone: I knew the Duncan Payless Gas Station video surveillance would confirm my alibi and the DNA would prove me factually innocent by exclusion...

I did not know why it was taking so long.

Days dragged on and on.

Each morning the cart pusher gets out early and places a muffin, peanut butter, two jams (a different jam each day: grape, strawberry, raspberry, and marmalade), two sugars, and a creamer packet on the window of each cell.

Lunch and Dinner were handed out and served from the large cart at the main door in front of the guard on duty.

Now, my peanut butter and jam were going missing each morning. Yes, a small thing, but one that needed to be fixed.

After asking at breakfast whether anyone was taking my food, and not getting an answer, I assumed we were short, so I asked the guards for another muffin and jam for me, but they would not order more from the kitchen. Bitter, I decided to fix things myself. I was not going to starve without reason and without knowing who the culprit was.

A friend gave me some grape jam and I left and took just the jams into the shower stall wearing my track suit. With a blue pen, blew the ink into one of the jams, and sealed it with a glue stick I picked up from school. Quickly walked back to my room and placing the jams back on my window.

I patiently waited three days until our next grape jam day and made sure I received my allotted two jams. Right then, I switched my packs with the inked 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 what I had done.

Everyone laughed at the person and by the end of the day, he checked himself off the range. I did not lose a muffin, jam, or peanut butter again.

Months later, I was shocked to have found out that my case was being done 100% by legal aid and that it was not going through any Pre Paid Legal lawyers. That was fine because I did not have the funds to mount an adequate defence while being indigent and detained.

Had I been given the benefit of the doubt and the opportunity of bail, I may have been able to continue working and arrange to sell my comics, coin collection, paintings, and even arranged some loans for my defence and not been a burden to Legal Aid.

As it was, over this time, I learned that Jennifer was pawning my things and keeping it for herself. Family had fortunately gone over with two trucks to get the majority of my personal things, but ended with just filling one. I was missing a lot of precious memories and paraphernalia.

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.

Where was my in-cell computer system?

Other inmates had one, yet I was still denied this _Charter_ right to make full answer and defence.

Ticked-off, I phoned Mr. Taylor and when I asked why my bail was taking so long, he repeated his earlier comment which was, "They don't have any evidence on you yet."

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

Sent a letter to the court Registrar, the Crown, and Legal Aid requesting bail and informing them I was innocent and that they should release me. I called Legal Aid and told them I wanted bail. After this, I was given a bail hearing in Nanaimo.

I remember going to my bail hearing, a two-hour ride from Victoria to Nanaimo, passing all the little towns between with a stop in Duncan at the RCMP and local court house. I clearly remember that I was put before the same judge that sat on my divorce hearing. I complained to Counsel about this in court because I thought it was conflict of interest, but that fell on deaf ears.

Downhearted, once I saw the judge I knew bail would be denied. I would not be getting out.

It was the same judge that unfairly stripped away my custody rights with my children, and imposed an unfair schedule instead of reaffirming a week on/week off schedule that we had been using during the summer of 2003.

However, I got a bail hearing... finally, and I got to appear in person.

For the good it did me. Mr. Taylor did not once speak out and argue for my bail and release. All he did was sit and let Crown falsely belittle me with circumstantial evidence.

Four family members came and offered affidavits to put up their homes for my release as bail. This was a very good surety for any court, four homes.

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

How unjust was this?

With the deck stacked against me, I was not having a fair hearing.

Hopeless, 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.

Not once did Mr. Taylor speak or argue to defend me.

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, even back to living with my parents. I was a loving father that had lost a friend and needed to comfort and support my children and move on from this terrible situation.

Still to this day I have a burning desire and need 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 few leads except the fact that Denise's boyfriend Charles had hit Denise the night before, he deliberately lied about his alibi to the police, and lied to the media during his television and newspaper interviews. All I knew for sure was that he lied; I had to prove it somehow.

I know Charles 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 well aware that BC Ferries was on strike for the past week and had they done any investigative journalism, instead of reciting Crown and RCMP regurgitation, they would have found out that nobody was working for BC Ferries except "SCABS" (those who go to work against the order of a strike by their union).

Was he a "SCABS"? Did he in fact work? I needed to get his pay cards.

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

Why was the local court reporter, Mr. Paul Walton, not following up on this? Especially since it was pointed out to him by family!

Family was telling me that Charles was not a "SCABS", and confirmed from their friends at BC Ferries that Charles did not go to work on December 11th and 12th, nor was he at the picket lines.

Nobody has come forward that saw Charles at the pickets that morning, nor have they been able to pick him out on the December 12, 2003, surveillance videotapes of BC Ferries.

This was a red flag in my books. A red flag that I thing was 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 that Charles deliberately lied to the RCMP, which is Obstruction of Justice, and the police could redirect their investigation and murder charges toward a more likely suspect.

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

Mr. Taylor, remaining silent, waved his head negatively.

This really was a shock to me. I was innocent. I raised my hand, waved it frantically back and forth, until the judge said, "Mr. Purdy, you have something to add?"

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

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

"Well, yes your Honour, ummm we are aware of this videotape and are now looking into it." Crown admitted to my proven alibi and proof of innocence. Now I felt we were getting somewhere and I would be released soon.

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

Disbelief, this was shocking. My heart was pounding faster and faster.

I was innocent!

I did not do this!

I deserve and believe that everyone had the right to bail and a fair trial!

I cannot believe I was being denied bail especially when Crown admitted to having videotaped alibi evidence.

This was reasonable doubt!

Am I not allowed to be presumed innocent, especially with proof of being in another city at the time in question?

The judge should have viewed this for himself before making a decision, and if parts were deleted, altered, he could rule in favour of my release due to RCMP tampering with evidence.

Am I wrong to be thinking logically?

I felt infuriated that the RCMP and Crown both knew I was not in Nanaimo at the time in question as they have the video evidence, and the judge did not seem to care, nor does he want to view the videotape proof of innocence. Instead, this justice only wanted to keep me in jail indefinitely out of spite.

Baffled, I expected a little fairness. 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 had no choice but to order my immediate release.

As the Crown failed to produce and 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 locked me away.

To this day, disclosure is still trickling in.

In fact, the police still have all my possessions that I had on me at the time of my arrest and visiting my apartment: My watch, wallet, identification, clothes, computer system and other items that they took from my apartment.

All were promised to be returned back to me by the end of my trial yet I have not received any of my personal effects.

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

Especially once my alibi taped existence was made known and I clearly had raised this fact at my bail hearing. The judge should have ordered the viewing of the tape forthwith, he could have seen the Ford Explorer vehicle I was driving arrive at 6:32:55 a.m. and then enter the Duncan Payless Gas Station for the first time at around 6:36 a.m.

That would have been seen as fair. In the circumstances. I would have gladly abided with any bail conditions the courts saw fit to impose if a trial went ahead after viewing my alibi.

With a sound alibi, the police would have been forced to redirect their investigations to someone who either lied about their alibi to police (Charles), 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 the police could have investigated and DNA tested all other suspects to find a possible one hundred percent match to the DNA found at the crime scene.

I knew the male DNA found at the crime scene was not mine.

While waiting for the lab work to clear my name, the staff at VIRCC called the RCMP and I was allowed 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 to me. I was hoping for bail at a bail review and wanted all my things.

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

She was someone who just wanted her 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.

Feeling neglected, I waited patiently for the testing to be completed and tried calling again. This time she informed me that she was not authorized to send me my money, keys, and wallet with my identification.

This was strange.

Everyone else detained was entitled to their property at the end of the investigation and especially by the end of their trial. Inmates had their things stored here at VIRCC and the money they were arrested with was put into their inmate account for their personal use here, why not mine?

I asked to get someone who was authorized to call me back about getting me my things. I still have not heard from them to this date nor received my things. I filed a complaint against the RCMP and a part of this was the theft of my money and all the items in my locked safe at home.

Cst. Turton was ware that many people knew of her having my Christmas money, and further, was aware that Jennifer had asked me after my arrest on the taped telephone for the $2,036.00 and I replied, "Ask the police, they have all my money, all $2,000.00 plus."

When I telephoned my mom Helen; she told me that Jennifer emailed her asking for the money thinking that the police may have sent it to her by mistake. This did not happen, as the police would not allow my mom or dad to visit me while I was detained in RCMP cells. The police still to this date have all my money.

It appeared that Cst. Turton was playing more head games with my family with my money as she was the one assigned handler for Jennifer and she would have told her to check with my family back east for it.

I believe strongly that Cst. Turton is a thief, she stole my monies as my girls did not receive it as she was the officer in charge of all the evidence and admitted to having it during our telephone conversations and having it DNA tested and processed with E-division in Vancouver.

All I hoped for was the money I had on me during my arrest would be released and go directly to my kids, they were the ones who needed it now.

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

He responded, "Too expensive, it is about $2,000.00"

"I have $2,000.00 sitting in my wallet with the RMCP, $1,500.00 sitting in my account here at Vancouver Island Regional Correctional Center, and the other $500.00 I could come up with by asking family to send it." I swiftly countered back to him.

He switched 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 with has a Life tag and ten years before parole and 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 wiped 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 now that he thought I actually did this.

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

Mr. Taylor turned and walked away and the Sheriff took me back to Vancouver Island Regional Correctional Center and into my small sparse shared cell. I wanted to fire him.

The following day, I telephoned Legal Aid and I had received approval for funding my custody matter.

Legal Aid agreed to cover the cost of Counsel representation for the family matter **ED037144** and this murder trial being Nanaimo File Registry Case Number: **56040**.

I called Counsel and asked him, "Taylor, I have a no contact order 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 to me.

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

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

"Nope, you are not, good bye." I hung up.

This last comment by him got me a little befuddled.

Could this really happen? Lawyers you not want still represent you?

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

Impatient, 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. I was self-represented.

One of the guards overheard my conversation on the phone at VIRCC (was this wire-taping?) and recommended another lawyer for me.

Therefore, I called them the next day being a Saturday, and spoke to the secretary for Susan Wishart and Mayland McKimm about my situation.

I was surprised when the next day they both showed up at around lunchtime and agreed to take over my case, address my family custody issue and get me a computer system. This was key in my mind, that they would represent me and address all three issues.

Lawyer working on a Sunday, this was new to me and I was overjoyed that both took an interest in my case. I felt that they were actually going to honestly help me.

I showed them the paperwork that I was given, being a no-contact order and I informed them I needed to get this no-contact order lifted immediately. It would also help if I had a computer in my cell like other inmates to review the disclosure and help with my defence.

Both Counsels agreed to help me. Susan Wishart claimed she had done family custody cases in her past and it was agreed that they could take over my preliminary and trial as 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, as well as sending of everything they would file for my review prior to sending it to the courts.

I informed them of my past Counsel Stephen Taylor, the Crown's alleged offer to me of manslaughter four to seven years, and my immediate 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 slid 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 claimed they would appeal my bail hearing and get me my watch, wallet, keys, and money returned to me along with my reading glasses and my own personal owned computer system 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 I do not have an inmate owned computer system.

How can anyone detained possibly make full answer and defence when not allowed to view the numerous received materials (DVDs, CD-ROMs) sent in by Crown and our own Counsel?

Months later, Susan Wishart informed me that they were not able to get me a bail hearing because of the law and the courts refused to have "Jurisdiction," but she would file with the Supreme Court of Canada for them to amend and fix the law for me.

However, she informed me this process could take two years for this to go through. I was fine with waiting.

I think she deliberately mislead me about this, in trying to get the law changed to be allowed a new bail review. I still have seen no paperwork for her request to the Supreme Court of Canada on this matter to change the laws.

When I fired Mr. Taylor, I remember many people asked, including my Counsel Mayland McKimm and Susan Wishart, "Why?"

My replies: First, I had to argue and present my own proof of innocence during my own bail hearing. I stood up in court and informed everyone I was at the Payless Gas Station in Duncan and was seen arriving in the Blue Explorer with the animal printed fuzzy dice hanging in the rear view mirror on the surveillance videotapes at the 6:33 a.m. Also, I was seen and witnessed by Jennifer at home at 6:00 a.m. while I fed and changed Nathan. And I was seen and witnessed by our next door neighbours Jeff and Natasha at 6:20 a.m. downstairs just outside the doors of our Duncan apartment. This was exactly the time in question of the crime happening in North Nanaimo, an hour's drive away.

Second, I did not have a bail hearing until several months later and I had to threaten my own Counsel with being fired in order for him to 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 or not.

Third, 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 other inmates were granted and using in pre trial, along with full access to all my case files was deliberately ignored. I asked for a court ordered computer system and still to this date I have not been allowed to purchase and use one in my cell. Why was I denied?

Fifth, I told Counsel that Charles lied about his alibi to the police, Crown, and the Media and he was never fully investigated and charged with Obstruction of Justice for altering his alibis.

I was appalled that the Crown gets away with their sense of entitlement and it seems they are laughing in my face each time they send me correspondence on CD ROM and DVD discs about my trial to review. Yet, the Crown and court denies me the opportunity to access, review, and respond in kind by computer discs by the obvious lack of my own computer system.

How can I, and anyone detained, be able to make full answer and defence without access to the materials needed like a computer?

In this day and age, this should be provided for our use in each cell. Inmates used to be able to buy their own computer system; I think this should be allowed again.

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

Years

Months

Days

Hours

Minutes

Seconds

In pre-trial, I had trouble with my teeth. I had spent a fortune to remove all my silver fillings and replace them with ceramic fillings. You see, I am allergic to silver and yet Corrections filled my cavities with silver fillings after they made me wait a year for a filling. The provincial dentist then yanked some of my teeth out because the decay was too costly to repair. I wanted to pay for the repairs myself, but was further tortured, punished, and denied this opportunity by prison health care services.

During my wait for trial, I had three teeth pulled. I had 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, like the others.

It's frustrating that I have to share a cell with someone.

As I am always being asked questions about my case by the people placed in my cell with me. I have a feeling they are undercover cops or junkie informants.

It is to be expected. I keep to myself and soon am ignored as I don't divulge much about my case, except to say that I am innocent, on videotape in Duncan, not Nanaimo, on December 12, 2003, and the suspect DNA does not match my profile.

I know DNA will clear me.

To people who will listen that the entire DNA found at the crime scene will not be me. Though I did not have the results for this statement, any scientific analysis would prove a non-match for my DNA profile.

With witnesses and camera footage, I proved that I was not in Nanaimo that fateful morning.

How many times must I tell people that?

Ticked of, I remember repeatedly telling people that the suspect descriptions by witnesses all point toward Charles, her boyfriend's description, as he was over six feet tall, skinny legs, jeans, angular features, and wearing a "Tilley" hat.

Why have the RCMP not tested his DNA profile or his friends and neighbours?

Delighted, after only a year and six months, I was allowed to move into a single cell.

Having plenty of time alone in my cell, I thought about everything my Counsel did (nothing) and did not do for me (no computer, no children's access, no copies of all the case files and materials, no DNA testing, no videotaped copies).

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

I routinely call my parents Dean and Helen on Saturday's each week. The fence is torn down between our families over Amanda, it is mending.

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

I asked Crown for a list of payments they made to witnesses in my case to see whether they may have paid for his trip. The Crown refused to disclose any payments, claims, and costs associated with this trial by the RCMP toward any of their witnesses, as well as testing, other listed expenses, and documented "gifts" given to witnesses.

It was mysterious why the ordered forthwith disclosure of the video surveillance was deliberately suppressed for over a year by Crown, all while I suffered in a hellhole.

Still, I do not have a computer system. My Counsel broken record response, "We're working on it."

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

Getting closer to my preliminary hearing, Mayland McKimm and Susan Wishart visited me and told me that Crown was charging me now 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 Taylor about me not taking a four-to-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 about it.

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

Counsel told me they tried to get a new bail hearing but the Appeal Court told them they had no jurisdiction to entertain the new motion.

"Why not DNA test me, give it to an expert to eliminate me and find the underlying cause of the unknown DNA now?" I asked.

No answer.

To alleviate this frustration, I meditated a lot and attended the Buddhist group meditations. I read many books on Buddhism and finding peace and loving kindness within me. Those dancing monkeys in my mind were calmer now.

Forgiveness, that could wait as my thoughts ran deep, cloudy and dark, all on revenge for those that have wronged me in my present life.

Then a slap in my face.

Going to school, I work diligently each morning on my own legal research at VIRCC. One morning at the library beside school, I notice a pile of newsletters. I pick the top one off from a dozen and read that 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 did not murder anyone and this organization was telling people I did prior to my trial. This was slanderous and clearly prejudiced in the eyes of the public and jury.

Outraged, I asked my lawyers to file a Mischief Application against Crown, Minister of Justice for BC, Attorney General of BC, et al., for their deliberate false publicity by Crown publishing via this newsletter.

They refused to follow up on this.

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 and made copies available to every prison, library, and court house in British Columbia.

When Mayland McKimm and Susan Wishart both eventually did raise this issue of the Government funded misleading publications, and applied to get my trial transferred, the biased judge Taylor refused.

I still think that the only solution would have been to have my case thrown out because of this one fact alone.

The law was quite clear:

2005. R.S. 1985. c. C 45, s. 316; R.S., 1985, c. 27 (2st 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.

Frustrated and so for a while, I starved myself. Shedding the pounds and getting back to 180 lbs.

When I resumed eating, most dinners I ended up giving away. My intake meals consist of a breakfast muffin I eat at lunch time, and lunch that I eat during dinner lock-up. Every month, for a few days, I fast, and go without eating anything. It is the only good way to purge and control the unhealthy diet forced onto us.

I learned from my Counsel that Cst. Turton was clearly coercing Jennifer, and that she had gotten in some disclosed trouble with drugs and theft. As a remedy to her predicament with the law, she ended up altering her original two testimonies to fit with the RMCP and Crowns version of events.

Another few months passed me by.

People ask me what it was like to be in prison in Canada. I tell them all to download, buy, or rent the first season of the television show _Prison Break_. This show portrays a good representation of the interactions, of all kinds, of guards, convicts, and inmates while behind bars. The cast was made up of mostly ex-prisoners.

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 interprets them on a whim and still a few others that ignore the rules completely to further punish, ridicule, torture, degrade, and threaten you.

These guards tend to forget that people have long memories, and most people will eventually get out. I would not be surprised to hear on the news something unfortunate happening to them.

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

Drugs are in prison. Yep, over my stay, I have seen officers toss "care" packages under the doors of cells and believe that it is the guards themselves that bring in most of the drugs that enter the institution, not the visitors that they claim.

In fact, meeting and befriending many characters inside these walls, I have been told by people and officers that if you give a few grand (thousand) dollars to certain officers, anything can be had inside. Cell phones are the norm, some booze, drugs, or a gun, for example. Most things can be delivered the very next day. Just like room service in a hotel.

I have seen it happen. Yes, in my eyes, it was true. However, opinions differ.

People do not believe that this sort of thing happens in Canada, but read the current and past newspapers and convictions and accusations on court charges. Canadian guards and police get caught doing this almost daily.

However, most of these people just get off with a warning or paid house arrest. From selling drugs out of their cars, to taking out of jail with a prisoner and letting them go. If you have money, crazy stuff happens in here.

  3.

PRE TRIAL

Every day of my court was the same boring routine.

Once a month, every thirty days, I get woken up, and during breakfast I get sent down to Admission and Discharge (A&D).

After being handcuffed and loaded into a Sheriff's vehicle, I am driven the two hours to Nanaimo. Sometime during the day, in handcuffs and chains (therefore presumed guilty), I am paraded and placed in the prisoner's docket like an animal at the zoo.

A few updates on trial, a new date and time is set for the following month, and I am back to the cold court cells and wait bored, sometimes given a lunch... or not, until business hours end at around 5:00 p.m.

Then it was with a two hour ride back to Victoria, with a stop first at the Nanaimo RCMP and then Duncan RCMP detachments that I returned to VIRCC.

September 21, 2004, Court starts and the Crown prosecutor Mr. GWilliam asks, "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. But this did not stop Mr. Walton from reporting on the case and deliberately breaching the Ban on Publication.

Further daily court travels were a blur but more frequent. I got up and was escorted from Victoria to Nanaimo and back again by the Sheriffs.

May 2, 2005, Trial Started: Voir Dire.

Taken-aback, I still cannot believe that I was here and a trial was actually taking place.

On day one Judge Taylor told Crown that they would no longer charge me with 1st Degree murder. He explained that the most Crown could do was a 2nd Degree murder on this entirely circumstantial case. His final quote to everyone in chambers that day was, "Perjury is the highest crime in my court room."

After a brief lunch, my Counsel came down and told me that Crown prosecutors were 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 to Manslaughter with seven years, which I refused; second they asked for a plea to Second Degree murder Life 10 before parole eligibility which I refused; and they thought I would take a third plea for Second Degree murder with Life 14 before parole eligibility. I again flat out refused.

Seething, I did not do this crime.

After several moments of quiet frustration, angrily, 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."

I wanted to sue these bastards for the wrong they have done to me and my family. One day I will.

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

Was anyone listening to me?

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 I would accept from them a million dollars a month for each month of their clearly wrongful detention of me.

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 instead of alongside my Counsel.

At times it seemed like my world constricted, radiant white lights would pepper my vision, it could be the hunger at being denied sustenance on many of my court hearings. It felt like the end of the world and nobody cared.

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. I was not allowed to look at my accusers.

I was being instructed to act like a guilty person.

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

Withdrawn, I phoned my Aunt Cathy when I got back to VIRCC and she told me that the family was as shocked as I was over the judge's biased instructions and my treatment by the Sheriffs. Family and friends attending Nanaimo Court could not believe that the judge was so biased. They asked me how to go about and remove him and I did not know how or what to say.

Something did not feel correct with my trial. I felt like I was being railroaded.

I still remember the RCMP confederate members grinned on with their metallic smiles, as the sham played on.

Waiting in the Sheriff's cells, smells of sweat, urine, beer, and waves of odours steamed from the cold seats and dirty toilet, were overwhelming.

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

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

Trial days were stressful, mainly because I was not allowed to sit with my own Counsel and be presumed innocent; instead, I was presumed guilty by being chained, handcuffed, and placed in leg irons in Court. I was also denied my reading glasses and a computer system.

The chains rattled on the oak wood prisoner's docket during court. I felt it reminded everyone in court that I was presumed dangerous and had to prove my innocence. Why else would they have me chained before a conviction?

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 19, 2005, Sheriffs deliberately left a key for my handcuffs in the cell hallway. I stopped and pointed to the key for the Sheriffs and they picked it up. They laughed about it. I complained to Counsel about this apparent set up and taunting as cruel and unusual treatment.

Deep down, I knew that someone wanted to shoot me and picking up a key for my handcuffs would allow this justified opportunity to happen. I knew then that an RCMP had to be involved in this conspiracy. It was the only thing that made sense.

Susan Wishart informed me that my past lawyer, Mr. Taylor, had some arrangement with the police. Apparently, it was disclosed to her that the log book at the police station showed 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? I thought this was lawyer was strange to begin with when they informed me about it in Duncan.

At this point in time, the RCMP and Lawyer had me convicted before checking my alibi and DNA testing. This was clear tunnel vision.

The original RCMP call log proved that I was being set up at the start. Mr. Taylor, the lawyer assigned to me by the RCMP had me tried and convicted before my arrest in Duncan at 9:00 a.m. I asked, but this guy was not put on the stand.

When I asked about the time on the warrant, it was discovered that the warrant was created the day before the death of Denise. Now I was very shocked and surprised. There had to be a conspiracy by the RMCP just by this very fact alone. Why would the police ask for a warrant for a suspect the day before a murder unless they were the ones planning on doing the actual murder!

Echoing in court were the words of my Counsel Mayland McKimm, "The issue of a pad of paper, which 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 Counsel was talking a stand on the Crown and Sheriffs reviewing my notes, not that this would do anything. I always thought that Legal Privileged correspondence and material during a trial should not be reviewed first by Crown before being given to Counsel personally during trial or by mail. This was again ignored by the judge.

June 16, 2005, trial ended for a summer break.

How could this be going on?

I did not do this!

_I am innocent!_  
That day, after getting back from court, I had a shower and I was gang beaten and left for dead. I remember being abused, punched in the stomach, and one of the people said, "This is from Taylor."

When I called and asked my Counsel to bring a camera, or their pone with a camera, to photograph the wounds and all the bruising, it fell on deaf ears.

At this point, I felt fear and foreboding that something was wrong with my Counsel representation of me.

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 their own pictures after the beatings. I overheard their comments on the RCMP handy work. This was when I knew for sure that some of the people with me in jail were confirmed as being undercover RCMP officers and informants doing their handlers bidding.

My life was in danger. I was going to fight back next time. This was not going to happen again.

During the break, I read a lot of books, one or two a day. Impossible does not exist in my dictionary. Even during court days, I would read a book as I was allowed to take a library book with me for the trip to court.

August 19, 2005, trial resumed with selection of a jury.

I instructed my Counsel to panel no fat people, no short people, and to consult my family too. All this was to make sure the jury was impartial, and no known jury members.

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 by being mean to them and vote to convict regardless of the evidence.

Perhaps this was because these people had been ridiculed during their childhood and this was their one legal chance for a "pay back" on someone else.

At least two members of the jury were "ringers for Crown." They should not have been allowed in my case because they were known to my family members, and lived on LaSalle Road where the crime occurred, and clearly wanted a closed case file.

Juror #1 (Nanaimo Juror #1410), a known neighbour for my mother Leona and stepfather Wayne.

Juror #2 (Nanaimo Juror #1433), a resident of LaSalle Road where the crime occurred, who clearly was not impartial, and only wanted a conviction and total eviction of the Purdy family from LaSalle Road in Nanaimo.

I remember Juror #2 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. I might be wrong, but I still wished the trial would be in anther city with an impartial and unknown jury panel.

Juror #2 lived down the street from me when I lived on LaSalle Road with my ex wife. I asked Counsel to challenge and have him removed, 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, Juror #1, the neighbour across the street from my biological mom Leona and new stepfather Wayne, was a person I also asked to have removed and yet my voice and request were ignored and suppressed, again.

Hopeless, I thought how unfair it was to have people you know on a jury. I thought it was not an impartial jury.

  4.

TRIAL

During cross-examinations by my Counsel Mr. McKimm, Jennifer shocked the court as she blatantly confessed under oath that all previous statements she told in court was a lie. My lawyers were both in disbelief, and my Counsel repeats his question to confirm this change.

**Transcripts, page 739** , Jennifer Whyte (for Crown) cross-examined by Mr. McKimm (for Defence):

12 Q Well, so you lid 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.

Riding high with this new realization and confirmation by Jennifer that she lied during her entire testimony, I thought only prejudiced judges would quote those proven admitted lies as fact and would be shamed to use quotes by Jennifer in any of their rulings.

When Jennifer was not charged with perjury, frustration was going through my mind because the courts did not care and showed this by not charging her forthwith or granting me a new trial.

What was more prejudicial than keeping these lies circulating?

Finally, I had transcribed proof and admittance that Jennifer lied under oath. If this was to be a fair trial, she should be charged on this issue alone.

I wait for this.

And wait, and wait, and wait.

Later, after court, I learned from Counsel Susan Wishart and Mayland McKimm that Cst. Holly Ann Turton was coercing Jennifer to continue to lie under oath.

I can only assume that to remedy her predicament with the law she ended up clearly altering her original testimonies to fit with the RCMP and Crowns version of events. Getting frustrated with the Crowns and RCMP lies; she confessed that she had lied.

How convenient that after she told the court about her lying and perjury, there was an appearance of favouritism as she was rewarded by the Crown by not charging her for her false testimony that was relied upon by the courts in their judgements.

Charles went on the stand and he lied again about his alibi that he was working at BC Ferries until 6:00 a.m.

He admitted to going to work and wearing a "Tilley" hat, wearing dark clothes, jeans, and black boots. His height is also six feet and two inches and he weights two hundred and twenty pounds.

Under cross-examination by my lawyers, it was strange that the BC Ferries records indicated FTS (Failed To Show) for Charles scheduled work shifts on December 11th, 12th, and 13th. This proved that he lied about his alibi to the police, the newspapers, Crown, and again under oath to the jurors. Yet he was still not prosecuted for this proven perjury and blatant obstruction of justice.

In addition, Charles' alibi was also contradicted by his telephone records which indicated there was a phone cal made from his home to Denise's home at 5:45 a.m. on the morning of the murder and that he put a call block on Haven House, a battered women's shelter, one that Denise had an appointment for that day.

Why did Charles not want Haven House phoning and contacting Denise at his home?

This was a puzzle.

Unless... Charles was the one doing the assaulting on women.

Then he changed his alibi a few times and said he went home early from work, then he changed it and said he had a shower at that time, then another time he said he was fast asleep. I did not believe a word out of his mouth. It sounded like a caught killer trying to cover his tracks by lying and he was forgetting his own stories.

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 to get a false conviction.

The only reason that comes to mind for this favouritism was that he must be an informant.

I learned from the cross examinations that Crown interviewed Charles at the RMCP station, with Cst. Rupa, before my trial. They put Charles on the phone with his supervisor at BC Ferries, and he told Charles that he did not work that morning there. The Crown and RCMP were present for this deliberate perjury and obstruction of justice by Charles. And they did nothing.

Outraged again, I do not know what is more corrupt that when Crown puts documented liars on the stand to secure a conviction by perjury.

Furthermore, Charles was adamant that it only takes him seven (7) minutes to get from his house at 1360 Discovery Avenue to Denise's residence on 6421 LaSalle Road.

That must be some extreme fast driving.

As I remember, it takes about twenty-two minutes to drive the same distance from LaSalle Road to Malaspina University.

Driving times using Google and MapQuest would say the same.

I asked my mom and dad to find out. What they discovered was that the shortest time, out of the three routes, was twenty-one minutes or eleven point six kilometres on Island Hwy/BC 19A south.

Another proven lie for Charles under oath.

Yet, Crown gave him another hall pass and the RCMP continued to protect him by saying, "There is no evidence to suspect Mr. Panet as a suspect."

I feel dismayed. I think that all the Crown and RCMP involved in this case should be charged as accomplices to this murder and cover up.

For that matter, I wondered what Google would say about driving from 6421 LaSalle Road, Nanaimo, to the Duncan Payless Gas Station beside Subway. It turns out to be one hour, family checked for me.

Charles further admitted to owning several knives and being given a machete from his friend, "For protection," he told the court.

He testified that he lost one of his hunting knives, "Because it was rusting."

What crap is this? You don't lose something because of rust, you throw it away if it is rusting if you can not restore it. I believe that he may have tossed the murder weapon away and nobody cares.

I am confused, what happened to cops doing their job and locating the knife he "lost" to check for Denise's blood?

My trust in these RCMP was lost. They did not DNA test Charles's nor his friend to see if they may be a match to the unknown male DNA profile found at the crime scene. Especially when it turned out that his friend lost someone too.

With my mind racing, I had a scary thought. What if Charles killed his friends ex and then his friend went and killed Denise for Charles.

Tit-for-Tat.

All through court Charles appeared to be angry and jealous under oath. He claimed that I was dating a girl too young for me, by 15 years. But when you look at the facts, he too was dating Denise, a girl who was 14 years younger than he was.

Love is love, regardless of the age difference. My parents were 11 years apart in ages and they had been married for over 40 years. I had the honour to asked permission first from Jennifer's father and then proposed her to be my fiancée, all on the condition that we wait at least a year before marriage and she accepted.

I thought it was kind of creepy that he had an eye for, and wanted, anything that I had, including my family.

During court it came out that this person, Charles, bragged to the police weeks before Denise death that she would be killed in that same alleyway. This person was pre planning her death long before their fight, break up, and death.

That police report was disclosed and nobody cared to investigate it and consider that maybe, something was odd about Charles behaviour.

Did Charles profit from any insurance money?

I don't know. I do know that given enough time, Charles will once again harm another person he is living with. It is a cycle with this guy. Mark my words.

On the other had, what about Charles sleeping with my wife while she still was a married to me earlier in the year. He had no problems with his own adultery, breaking up and ending a good marriage, and putting two children through a divorce he intensified by kidnapping and harassment.

In fact, Charles admitted to only seeing the kids twice since their mother died, two years ago. Had I been in his shoes, I would have taken the children and raised them as my own as I would have done with Nathan if anything happened to Jennifer. It is what partners and parents do, they provide for their children.

I know that given enough rope, Charles will one day be in court on assault charges. It appears to me that he enjoys and thrives on the break up of his own relationships and others.

He creeps me out!

Glancing behind me, looking way at the back of the courtroom, I see Mr. Walton, a reporter for the Nanaimo Daily News, who is once again being escorted out by Cst. Rupa. He always leaves the courtroom when a witness is being cross-examined by my Counsel. Mr. Walton leaves as he refuses to hear and write the defence arguments.

For that matter, Mr. Paul Walton did not follow the courts BAN ON PUBLICATION orders for which under **Section 539(1)(b)** of the _Criminal Code of Canada_ , it was clear that 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)** states that the BAN ON PUBLICATION continues on after the preliminary hearings until the end of the trial, " _if he or she is ordered to stand trial, the trial is ended_."

Yet, in spite of the ban, Mr. Walton prejudicially reported on this case almost daily in his supermarket tabloid articles since December 12, 2003.

Jennifer took the stand again. Perjury at the start by her.

She admitted again to deliberate Perjury under oath. Further she says Cst. Turton told her what to say. She admitted to talking to Cst. Turton last evening, against the court order telling her not to discuss the case with anyone, and further admitted to lying and altering her statements because the police were coercing her.

Mr. Walton was not in the courthouse to hear the confessions of a deliberately lying witness, nor the implications that the police coerced her to lie. Very convenient.

Fuming, the only fair thing to do would be to order a new trial with a new jury and have it in Vancouver without any Crown witnesses taking the stand that had admitted to perjury and lied.

Otherwise, these prejudiced witnesses, who only wanted to please the Crown ad RCMP for favouritism, would continue to lie under oath to help get a blatant false conviction. The Crown, the RCMP, and the courts continued to have the appearance of unfairness by being seen as prejudiced by allowing this injustice and miscarriage of justice to continue.

I hope someone writes to the media about this and gets their views on the air, and into the public eye, to try and fix our judicial system with a revamp, and purge of those not willing to do their jobs.

The Crown, just before trial, released the Payless Video Surveillance Videotape to my lawyers. Now, mysteriously a half hour was 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?

**6:35:43 to 6:56:05** has clearly been deleted.

I saw on the video that the Ford Explorer vehicle arrived at 6:32:58 but then it cut out just before I entered the gas station at 6:36 a.m. and got a coffee and a newspaper. I remember the time because I looked at my watch at that time when bending to take a newspaper.

Our vehicle is clearly seen arriving on videotape in Duncan just before it cuts out. Where was the rest?

Who had the only opportunity to erase it, steal it, and destroy my solid alibi?

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 before sending them to be transferred onto DVDs.

Cst. Rupa claimed under oath hat he noticed the tapes getting fuzzy on one of his viewing cycles. I believed this was where he, and maybe one of his RCMP friends at the station, erased my first entry into the Duncan Payless and my solid proof of innocence.

It was the only reason that he had more knowledge than anyone else in court that were allowed to view the remaining altered DVDs.

This was his undoing in my eyes.

**Transcript, page 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.

As a respectful RCMP officer, he actually told the truth about what he remembers; what he viewed of me at the Duncan Payless Gas Station. Cst. Rupa saw me on the videotape getting a newspaper, coffee, and milk, another coffee, 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.

Up until this point, I had not told anyone including Jennifer about getting a newspaper at the Duncan Payless Gas station. I never did get one of their new newspapers that I was waiting for and wanted but instead only picked up an old one and had forgot about it until now. I was distracted when Jennifer called me and wanted me home right away. My waiting for Mike the owner and the new weekly newspapers was terminated when I returned home.

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 tapes.

This was the golden proof that he clearly had more knowledge of what was on the original tapes because he admitted in under oath. He admitted he was the only person to view the tapes several times before sending them to Ottawa for RCMP DVD conversion.

Why else would a sudden time gap appear at this crucial proof point of my alibi innocence?

I was angry, red faced, and believed that Cst. Rupa, an RCMP officer, should be fired for tampering with evidence in an investigation. It seemed like he was on a mission to prove himself righteous from a past mistake by railroading me.

Had Cst. Rupa not viewed the videotape, the entire DVD would be available today and I would not have had to go through a trial because I would have had a solid proof of innocence, that being the Duncan Surveillance Videotape.

My lawyers pointed out and showed my vehicle arriving at 6:32:55 a.m. before the twenty-one minute blank. Further viewing shows me buying coffee and milk.

What happened to me getting the newspaper and initial coffee that Cst. Rupa talked about and knew that I did?

He would not be lying under oath would he now?

Are not suspects caught and convicted this way by the RCMP in their own "Mr. Big" sting operations?

Cst. Rupa could only know I got a newspaper because he viewed and deliberately deleted that part of the videotape. There is no other explanation. The videotape now no longer shows me getting a newspaper.

Why is that?

Does the RCMP have an answer for their own discrepancy?

It is the only logical theory that makes any sense. I did not tell anyone, nor did I tell Jennifer that I bought a newspaper. I did not 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 attention. I did not want Crown reading my notes again. When they came over, I told Susan Wishart and Mayland McKimm about this memory and missing video part with the newspapers.

Cst. Rupa, on the stand that afternoon came across as narrow minded, with tunnel vision, and we learned that crime courses were offered to him but he refused to take any. He further refused to name Charles as a suspect, discussed evidence of another persons blood at the crime scene in Nanaimo, or that DNA was proven did not match Kelvin Purdy, Denise Purdy, nor their children. He had no answer to whose DNA it was. A very incomplete investigation, I thought.

He was clearly aware that Charles lied about his alibi for work at BC Ferries, as well as the knife incident at BC Ferries the week of December 12, 2003. Red flags in my notebook.

Even with these red flags, Cst. Rupa still refused to look at and name this guy a suspect, to check for blood matching, or sees whether any of the knives Charles bragged about owning fit the mysterious sheath left behind at the crime scene.

Also, the RCMP refused to swab Charles or his vehicle for blood and DNA to find a possible match to the unknown male DNA discovered at the crime scene. Clearly, there was some kind of favouritism by this officer toward Charles and all the other people who were at the crime scene that fateful day.

I received a photo of Cst. Turton from family. It was a photo of her without protective gear, standing at this light pole in the middle of the blood splatter. I showed my Counsel and reasonably asked them to DNA test her for elimination.

Without her profile scientifically eliminated, one can only conclude that this was proof of clear cross contamination when she left this crime area and entered my vehicle to search wearing the same clothes and shoes.

Then I was shocked when Cst. Turton put on gloves and handled and opened the evidence in court. She first opened the bags of crime scene evidence and showed a bloody purse, then she opened and showed the bloody knife sheath, and proceeded to open up other evidence bags and then she was showing my clothing, holding up my shirt, pants, and shoes. All the while she had not and did not change her gloves!

Here in court, Cst. Turton was clearly cross-contaminating evidence!

I frantically got my Counsel attention and explained, "Cst. Turton has not changed her gloves, she's cross-contaminated all the evidence right here with everyone watching!"

Counsel tries to calms me, "Don't worry, we'll handle this."

Don't worry! What crap is this? I was furious that nobody seemed to care about the handling of evidence and clearly cross-contamination.

To distract me, Counsel gave me some binders on DNA to review in court. In it, were DNA results from the RCMP E-Division.

I noticed that my profile did not match the remaining profile on the purse or knife sheath after you cross off the victims' profile, it was clearly someone else. This I point out to my Counsel.

Sheriffs denied me food all day at court. I complained to Counsel, yet was not given the benefit of the doubt, and no food was given to me after my complaint. I phoned family when I got back and asked them to bring me food at all my appearances.

When they tried to give food to the court Sheriffs, the following days, they were refused and so I starved some more.

Days in court that they fed me, it was a simple white submarine sandwich with meat and cheese on it. White death for a Type-2 diabetic like myself. This was compounded by the fact hat 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.

Christine Crossman, RCMP E div Tech expert, admits the DNA on the knife sheath were not Mr. Purdy's at the crime scene, **Blue 17** and **Yellow 11**. She further said that the DNA does not belong to Mrs. Purdy and their children. Yet this expert for the Crown still refused to eliminate me stating, "Mr. Purdy is a partial match."

**Transcripts, page 1523,** Christine Crossman (for Crown) cross exam by Ms. 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.

Christine Crossman, admitted that the DNA on the bloody purse did not come from Kelvin Purdy. Denise Purdy, or their children. These could only have come from the unknown suspect, **Blue 17** and **Yellow 11**.

Scientific proof of my innocence. Vehicle, Knife sheath, and purse. Basically all the evidence collected and my profile was not on it.

The burning question in my mind: _Whose profile was it then?_

**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,

In all, there were four Crown alleged "DNA experts" that took the stand. With clear scientific evidence of exclusion, all four Crown experts refused to exclude my profile. _Why?_

The only reason I could think of was that they wanted to please their employers and all these "experts" lied by refusing to exclude me scientifically.

  1. Carter, Linsay (RCMP E div Tech Vancouver)

  2. Chu, Bernice (RCMP E div Tech Vancouver)

  3. Crossman, Christine (RCMP E div Tech Vancouver)

  4. Luu, Christine (RCMP E div Tech Vancouver)

Stumped, the truth of the matter was that if these four Crown DNA experts could not exclude a suspect scientifically, and under oath, then their academic credentials should be rescinded forthwith by their respected Universities and they should not be classified as DNA experts nor called to testify ever again.

October 7, 2007, court proceedings (transcripts volume 10).

Crown admitted that Kelvin Purdy was left handed, 180 lbs, 5' 10" and not on any of the 120 surveillance videos taken to and from Nanaimo and Duncan on December 12, 2003 except the Crown admitted that Kelvin Purdy was viewed on the Duncan Payless Video Surveillance videotapes only that day.

During trial, it became known that the police informed my Counsel Susan Wishart that the $2036.00 that had mysteriously now been dropped to only $36.00 on my person at the time of arrest. The photocopied C13 Prisoner Effects Sheet showed $0.00 and yet my signature was missing. This was now an altered document.

I was angry, frustrated, and sad. I have requested, and still not been provided with a high quality photocopy of this C13 Prisoner Effects Sheet or 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 can still remember the echo of Cst. Turton's voice telling me on the phone, "You don't need it where you're going," while I was at VIRCC, during a phone call that was arranged by my IPO (Institutional Parole Officer) who was just as shocked as I was, while 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, right after I hung up the telephone, as he shook his head in wonder over the vexatious call.

My next stop was to get legal action. I have tried to mail many letters out for court but have constantly been refused. I have lost court dates due to Correctional Service Canada (CSC) policy to withhold my privileged correspondences and deliberately tort interference with my criminal DNA court proceedings and small claims applications against the RCMP. Frustrated, I now wait until I am released to pursue these issues.

When my mail was allowed to leave CSC, I receive it back a few weeks later with a yellow sticky note attached from the court Registrar saying, "Talk to your lawyer about this."

My lawyers do not want to help me pursue DNA testing on all suspects or get me all my personal possessions still held, damaged, and "lost" by the RCMP.

Can anyone help me with this?

I do not have a lawyer for this, and I am at a loss as to how to get compensation for my things still kept by Crown and RCMP.

October 8, 2005, both my Counsel came to visit me at the end of the Crown's evidence, and threatened me saying, "Sign this, or we can't represent you anymore."

Afraid to lose my Counsel this far into my trial, I signed the paper, and after signing it they tell me that it was a waiver for "no defence."

Annoyed, ticked-off, furious, and very angry for being tricked into signing this, I wanted to take the stand and for them to tear it up and take it back, but they refused. I was at a loss.

Regretfully, I thought to myself, that I do not know what was more prejudicial and corrupt, when your own defence Counsel start acting like Crown.

Again, I was dejected, troubled, and frustrated because I expected to take the stand that morning. I told family and friends to come down and looking around the court, I realized that the courthouse was full of supporters for me.

The Sheriffs, reprimanded me by denying me food for doing this.

Some had offered and expected to take the stand to challenge the Crown witnesses' statements and proven perjury. I told my Counsel that.

Susan Wishart's only reply was, "We can't have you or your family on the stand because you'll raise too many questions that can't be answered."

Aren't questions that Crown can not answer good as it raises doubt?

I think they saw me getting irate because they concluded, "But, we will have at least two witnesses take the stand for you. If you do try to take the stand, we'll quit."

Terrified and shocked over this turn of events, I thought it was weak. I really wanted myself, along with family like my Aunt Cathy, the opportunity to take the stand and counter Jennifer, and Stephanie, and Charles', obviously false and misleading statements.

We wanted to set many matters right by presenting truth in the courts. The Crown had several months to ply their lies.

Was not the Defence allowed an equal amount of time to make full answer and defence? Not in a court in Nanaimo, British Columbia, Canada.

Almost all my wishes and instructions were ignored by my Counsel.

Moreover, my Counsel told me their time away was with DNA seminars and experts which I expected them to bring one in for my trial. This did not happen. I thought it was extremely unfair for my case and arguments. Counsel offered me no reason at all.

Why could they not get an expert under oath to exclude my DNA profile from all the evidence presented by Crown?

October 11, 2005, Mr. Spence, a BC Ferries supervisor told the court about Charles being reprimanded by him for arming himself with a hunting knife a few days before the murder and numerous staff complained to him about Charles strange behaviour in this.

Charles appeared agitated that day and he tried to get several people to handle his hunting knife he had on him, people thought he was trying to get their fingerprints on it. This made many people uncomfortable and they voiced their concerns with management at BC Ferries.

I reminded my Counsel about BC Ferries being on strike the week Charles claimed to be at work. In addition, the supervisor clarified what was written on Charles' pay card for the dates December 11, 12, and 13 in 2003.

When asked what FTS meant, Mr. Spence said, "Failed to Show, for a scheduled shift." Clearly the pay card showed that he was not at work contrary to what his statements are. These facts, as well as the knife behaviour, would make him a strong suspect in most people's minds.

In addition, Denise told me she broke up with the guy the evening before after he hit her. This was proven by the Crown coroner by the, "Bruising of at least twelve hours earlier," and I can only assume that Charles was upset and not accepting their third break up.

The other two were the week of Mother's day and a month later on Father's day weekend.

I believe Charles would have skipped a day of work under some emotional strain and worry that Denise was going to charge him with assault. Especially when he found out she had made an emergency appointment to _Haven House_ , a battered woman's shelter that fateful day, as that is what one of the workers at Haven House said under oath.

It would make logical and perfect sense that Charles did not care for the services being provided by _Haven House_ to Denise and would put a call block on their number for his home.

All I remember from Denise's last telephone conversation was that Charles assaulted her and this was proven by bruises on her, she broke up, and made an appointment to charge him. This registered Nanaimo battered woman's shelter would have been an ideal and logical place to go to and start the process.

Then, a Ms. Dianne took the stand and told of events that occurred at the end of her relationship with Charles. He choked her and this terrified her. After this, she said their relationship was ended. The RCMP were called over and reports filed over this incident, and when these police records were produced, she confirmed it all, proving this event happened.

Now why would the Nanaimo RCMP deliberately lie and say that they had no incidents in their files indicating that Charles had assaulted any other women and therefore could not be a suspect?

All this seemed good to show how bad Charles 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 and all the witnesses at the crime scene.

This was 101 in my books for proving I did not do this.

Realizing that a private investigator had notes, I asked for them, and to DNA test Cst. Turton, Jennifer, Cst. Rupa, and all the people involved with this to rule out cross-contamination.

Still, silence from them.

My lawyers dropped the ball on me. I felt Counsel was not properly representing me.

Why did I have to point out to them the DNA that did not match? This was something that they should have uncovered and have had an expert on hand in court to listen to the Crown's experts and thus be able to counter any arguments and scientifically DNA excludes me under oath.

Something did not feel correct in my mind about this whole thing. I felt like I was being railroaded and my exclusionary evidence was being whitewashed away.

I was frustrated. Jennifer's entire testimony should have been thrown out. Judge Taylor refused to charge Jennifer with PERJURY after she admitted to it, completely contrary to his speech earlier at the start of trial, " _Perjury is the highest crime in my court room_."

Clearly, Judge Taylor did not care about perjury, obstruction of justice, police tunnel-vision, railroading, tampering with evidence, deleting surveillance videos, altering testimonies, RCMP officers giving "gifts" to witnesses to alter their testimonies.

Then Judge Taylor offered a reason for Charles Panet lying about his alibi, claiming that Charles may have been under the influence of prescription drugs.

Crown never offered this new theory about Charles Panet lying about his alibi to police numerous times. Was he also under medication on all his visits and stories that when investigated were deliberate lies to police over the last two years?

Why was Judge Taylor protecting Mr. Panet from criminal charges?

Judge Taylor himself developed and voiced theories to the jury that were detrimental to the defence and the appearance of trial fairness was, in my opinion compromised.

With my head in the sand, I was clearly being buried headfirst.

Then closing arguments by my Counsel.

October 12, 2005, court proceedings (transcripts volume 10), Address to the Jury by Crown:

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_."

What? I remember looking at the DNA and showing my Counsel that the profiles did not match mine. How messed up was this? Just because my Counsel negligence in that they did not put a DNA expert on the stand to exclude me, the Crown gets away with this deliberate lie.

Petrified, I was upset and angry at this whole thing. I wanted to speak, but was denied this basic right. My first time through court proceedings was in shambles. It was nothing like television. Here I was always chained and treated like an animal, convicted since day one and this was just a rubber stamp and pat on the back. No real investigation, but all geared for false conviction and obvious promotion to the participants in this sham.

It was no wonder there was any mention of the deliberate perjury in my case and constant requests for charges laid on those lying by this judge.

This was not fair; it was an abuse of process. I wanted an administrative review... how?

Why could my Counsel not find a DNA expert to put on the stand to refute the Crowns misconception of the facts? Why not point out that it was not my DNA by leading a DNA expect?

I wanted to know whose unknown DNA profile was there at the crime scene, especially when the Crown experts told the jury it did not belong to Denise, I, nor our children.

October 13, 2005, court proceedings (transcript volume 11), Charge to the Jury.

Judges charge to the Jury was biased. I remember him saying about the witnesses' proven perjury, "Pick what you like to convict."

This was not right.

They should have ignored everything that a witness told the court, especially when Jennifer admitted to lying under oath and lying to the police and when Charles was caught up in his own alibi lies and false statements.

Therefore, my trial has ended.

I waited for a jury verdict.

Forced to stay overnight in Nanaimo RCMP 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.

Being placed here was against the recommendation that I not be put into RCMP cells due to the death threats I told my Counsel I received in Nanaimo during my stay and interrogations.

I did not sleep at all because of the worry of dying that evening by the hands of RCMP confederates. I tried to remember family, the good times, but such memories proved elusive.

October 14, 2005, court proceedings (transcript volume 11), Judgement Second (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. All I could say before leaving court was, "CHARLES GOT AWAY WITH MURDERING DENISE!"

This was what I believed deep down in my heart and still do today.

Now, I strongly believe that the Nanaimo RCMP knew this and deliberately covered it up to falsely convict me and to close this case.

Hell, all the evidence actually pointed towards him, or an alternate person like an RCMP person. In addition, I use the word "person" lightly. This was again feeling like the worst nightmare I could have.

My skin was clammy, at the same time I was fuming mad because nobody cared that I was being convicted for something I did not do.

In despair, I realized that when swift justice was too swift, they get it wrong.

This was an injustice I had to fight, "I'll set things right." I tell anyone who would listen to my meek and frantic pleas, "I'll write about this, trust me."

After my trial, I learned that the Coroner did not do an investigation, though the newspapers wrote they would. I wrote the Coroner and asked for a copy of their investigation but I was informed that an investigation would not be done because the body had been cremated.

It turns out to be problematic to do an investigation when Charles cremates the victim's body against the wishes of family. It appears he covered up the bruising Denise had complained about that was caused by him the day before an days prior and leading up to her death.

I say this only because the Coroner did explain in court that some bruising on the victim had to occur at least 12 hours earlier and the yellow bruising was most likely several days before as a natural reaction as a body heals and could not have occurred after death.

Now, I made a promise to myself that I would find the person who left their DNA behind. And if the RCMP and Courts refused to do anything, I will get justice myself and find a way to make things right. My children have a right to know the truth, wherever the cover up, facts, and DNA leads me. Even if the DNA leads me to an RCMP member and a murderer(s).

Writing my turbulent thoughts down, puts things into perspective. My promise to myself: **everything I find out, I will find a way for it to get published so that everyone can read the truth**.

All I know for sure was that the DNA left at the crime scene was not mine. It clearly belonged to an unknown male and an unknown female. I wondered if an RCMP officer would match these profiles.

I felt that the only way to prove this and that cross-contamination occurred in my case was by hiring a Private Investigator.

My dad always told me: It is always the right time to do the right thing.

With hope, I prayed that Jennifer would go on-line or in front of the media and tell people the truth, how the police coerced her to lie under oath, and that I was at our place at 6:00 a.m., she kicked me out of bed, fed and changed Nathan, and was only gone for about an hour. She might explain why and how the police coerced her to alter her original police statements and court testimonies and explain the fact she confessed to lying and perjury during trial to try and set things right. Something the local media did not want the public to hear about.

November 11, 2005, another gang beating. This time, I was the one to walk away with my head held high.

I remember coming back from court after a long summer break and taking a shower, changing into my tracksuit. One of my neighbours popped his head inside and warms me, "Watch you back today."

He leaves quickly. I was thinking more about the pain in my lower back, and the growing lump at the base of my spine, than anything else, something Health Care refused to treat.

It became quiet. I started to feel nervous, my heart pounded a little faster. I continued getting dressed by putting on my shoes instead of slippers and tying them on tight. A new pair of Head Pro Tennis shoes I had bought from canteen. They were a little better comfort from the flat-soled ones issued when you first arrive.

Picking up a damp 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 and whispering outside my door. They appeared to be the same people that beat me earlier and my lawyers refused to photograph me. My door slid open, they did not knock!

That was a taboo thing to do in jail. One always knocked first, asked permission to enter (this was in case you were in the process of getting dressed), and when given the OK to enter by the occupant, you took your shoes off and left them at the door and entered. Plus, there was the rule that only one visitor was allowed at a time to enter per room.

Taking a step closer to the door, I grabbed the metal door handle with my hand and stopped the door from opening all the way. I heard a grunt as two bodies tried to squeeze into my room, both on drugs with their red eyes glazed over.

One at a time, they entered swinging.

Ducking, I punched the first in the throat with my left hand, with the same left arm I bent it and elbowed the kid beside him in his throat. I leaned into him and jabbed hard with my elbow.

Both were shocked and battered, they backed out with their hands around their own necks choking, bug eyed with disbelief, over this unfortunate turn in their day.

The third person, a bully on the range, towered over me and told me, "Just take the beating, Kelvin."

Right then I knew he had deliberately targeted me. He sounded just like an RCMP officer, same training and tone of voice, self-confidence, and sense of entitlement to do as he wished without consequences.

I did not say a word as I watched and felt him start with a quick punch into my ribs. Adrenaline pumped faster through my veins. I was angry, terrified for my life, everything slowed down into slow motion.

My left arm extended out, I used my left hand to grab and hold this person's right arm inside his elbow, all to stop him from trying to punch me again with that arm. Seeing his left arm cocked high and back ready to punch me, I leaned into it, bit down hard with my jaw on his bisept, and tried to tear through his shirt. I did not stop biting him as my jaw clenched tight for dear life. While I was biting, he could not strike at me.

Heated, I realized that he could not punch me but he was trying to push me further into my cell. I shifted my weight, countered his thrusts, and leaning, kept him in the doorframe.

It was a stalemate I knew I would lose being the weaker of the two. I did manage to fee an arm though and I did the only thing you do not do in a fair fight. I punched him in his groin, several times. As that did not stop him, I proceeded to grab his groin, yank, drag, and push him backward by his privates' right out of my room and into the hallway.

Then just as suddenly, I savagely let him go and contemplated as he collapsed kicking him. I did not. Instead, I slowly backed away from him, stopping at my door and holding my ground. I waited for him to advance.

In my mind, I knew that I was not going to close my door and cower under this latest threat. Growing a backbone, I had had enough.

He glared at me, but befuddled, he got up, turned away and limped over and into his cell, closing his door, bed ridden for the following week, occasionally limping out for his food.

I did not feel sorry, or pity, for this evil person.

Karma finally caught up to him. I did what I had to do, no more.

My eye was dark, I was scratched on the shoulder, staff took more photos of the incident caught on camera, and I called my lawyers to photograph this but they refused to come in and see me.

This started more warning bells for me that my own trial Counsel was not acting for my best interests anymore. I called family and told them about this, and my feelings about my Counsel disregard for my health and wellbeing.

Word spread that even though I am polite, kind, and tolerant of everyone, regardless of their crime, I could lash out effectively and defend myself. I was never attacked again while at VIRCC.

Some of the people on the range actually thanked me after because the same crew was leaning on them. They saw, and were surprised at the restraint I showed, in being able to step back and not finish a fight when I was clearly winning.

Nobody ever wins a fight. I did not feel that I won. I felt it ended in a stalemate. The only benefit was that the range turned into a quiet zone for quite a while. It seemed that the trouble makers were all recovering.

November 25, 2005, court proceedings and sentence submissions by Crown and Defence.

I was sentenced to Life, nineteen (19) years until Eligibility for parole.

Now the **Ban of Publication** had officially ended, not that it had stopped Mr. Paul Walton from reporting on my case throughout my trial Crown verbatim and not the perjury, obstruction of justice, nor DNA that did not match my profile found at the crime scene.

I learned that Patrick Cottrell was murdered after an abduction had gone bad on November 1, 2005 in Nanaimo by the Nanaimo Hells Angels.

Didn't Charles Panet have connections to this group?

Overall, this was all unfair. I had sadly went off to go to court thinking that maybe someone would have reviewed the files, and argued that they had convicted the wrong person.

Unfortunately, the sentence was pronounced and I was to serve nineteen years (Life-19) before being eligible for parole. I asked for a copy of this ruling.

Repeating it again in my head, Life, all for a murder I did not do, with eligibility for parole set at nineteen (19).

This was clearly vexatious. I remembered the Crown first offered me Manslaughter with seven years (my first layer, Taylor, said he could get it down to four years), and I immediately flat-out refused saying. "I won't do a day for something I didn't do." Because I did not do this clearly violent crime.

I kept repeating to counsels, "It's not my DNA, I wasn't there!"

Being innocent, the principal fact is I would not ever do one day of incarceration on a crime I did not do, unlike others.

After I refused, Crown immediately increased the charge from Second Degree (Life-10) to First Degree (Life-25) and then had the audacity and offered me to plea to Second Degree Life-10, something I also refused.

Didn't they get the fact that I would not even take Manslaughter seven for something I did not do?

Then when trial started, Crown offered me Second Degree Life-14, again for the third time I flat out refused.

At the time, I thought it was strange that the Crown was playing hardball and going up in numbers on an entirely circumstantial case.

Judge Taylor mentioned during sentencing that I was plea bargaining with Crown (me saying no three times) and the unfair justice gave me Life-19. I do not believe that I was plea bargaining when I flat out refused three times to admit to something I did not do and take someone else's wrap. I was standing up for my rights and honour.

Thinking about this: What is eligibility? If a judge rules a parole date, then that should be the date of actual parole, not just eligibility date.

November 26, 2005, an officer at VIRCC gives me a copy of a fax from the Ministry of Public Safety and Solicitor General.

This was a copy of the judgement I had asked the court for.

_Federal Custody Report for institution_ _:_

Vancouver Island Regional Correctional Center, CS# 05819974. Murder

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

Final Warrant Expiry Date: 2030.11.25

This puzzled and shocked me. Doing the calculations, that was 25 years instead of Life-19 that the judge imposed. In addition, no mention of Life but instead the Ministry puts Murder only.

Sullen, I bring this up with my Counsel to address at my appeal. Not that they will. Counsel has not listened to my instructions to date, but I optimistically hope.

I got a letter from my mom Helen and find out that Environment Canada shows that roads were icy the week of December 12, 2003 between Duncan and Nanaimo.

Time ticks on and I hope and pray that my appeal will at least be fair.

  5.

INNOCENT VINDICATION

December 7, 2005, I am sent into the Federal system, a place called Pacific Institution in Abbotsford, British Columbia by a Con Air flight, and arrived at R-RAC at 4:00 p.m., assigned to room Unit A/A102. My new Federal prisoner number is FPS: **800875E**.

That night, I pushed the panic button as blood was flowing down my back and onto my bed sheets. I moved and the blood flow continued, gushing red around and into the provided toilet. There was blood everywhere in my cell.

When the nurses arrived, they transferred me to the hospital, Unit B, and I was quarantined after further testing as the bump on my back was infected and had been for some time.

Filled with dread when I received the news that I was MRSA positive. It was a deadly flesh eating disease I picked up while in VIRCC.

While in full isolation I was put on _Vancomycin_ intravenous (IV) drip every six hours for the next ten days.

December 23, 2005, I was notified that a Notice of Appeal on Conviction and an Appeal on Sentence were filed by my Counsel.

I think this was OK. Nevertheless, should I not have a different lawyer for my appeals? I wanted someone new that had a fresh set of eyes and a different perspective (someone that believes I am innocent) and actually specializes in appeals. Having my original trial Counsel for my appeals I felt was not right. I was still unsure on all this court stuff.

December 24, 2005, the Inmate Wellness Committee (IWC) sent me 7 pop, 7 chips, 5 Kit Kat's for Christmas pack, very thoughtful of them.

December 29, 2005, Yep, released from the Hospital and moved to Unit A, B-range.

January 30, 2006, I came across a _Maclean's_ magazine and what a "Tilley" hat looked like, as there were several pages written about the founder Alex Tilley by Doug Forester, Canada Business January 16, to 29, 2006, on page 64. It looked kind of like an Australian Cowboy hat... or is it Cow-person hat now?

Why did the police not investigate, confiscate, and test all of Charles's "Tilley" hats for blood? Charles admitted to owning several of these.

March 6, 2006, Transfer papers arrived today. It seems that tomorrow I will be going to Pacific Institution, Unit-U, D-range, cell 209. I was assigned into the AAP (Alternative Assignment Program).

Keeping busy, the days flew by fast.

Mornings and afternoons I go to school and work on furthering my education by writing stories while taking Creative Writing classes and working on legal research for my appeals.

The evenings and afternoons on weekends are just as busy in the Hobby Shop learning stained-glass, leatherwork, woodcarving, and Native Arts and Crafts.

When the weather is nice, I spend a bit of time on the tennis courts and an hour in the weight pit each evening.

My Uncle Duncan had to have a kidney transplant. I volunteered. The hospital did the blood tests and found out that I was a match. Arrangements for a CAT scan are ordered at the last stage in this process prior to going to the hospital and taking a kidney from me.

Then I receive a disappointing letter from the hospital and am informed that being in jail, I can not qualify to donate an organ to a family member in need. I am frustrated and family is angry with the hospital for this reversal in their requirements. The hospital here was very clean and I could have recovered under care of the nurses and staff here.

I went to school and was able to review, for the first time, the Duncan Payless DVD video surveillance tapes. I saw myself, Kelvin Purdy, driving the blue Ford Explorer and indisputable proof that I was seen by staff on this videotape arriving at the Duncan Payless Gas Station at 6:32:58 a.m. on December 12, 2003.

Watching more of this tape, I see someone enter wearing a "Tilley" hat. I thought it was strange.

Were the police not looking for a suspect wearing a "Tilley" hat that morning?

Could this be the murderer?

A new suspect wearing dark clothing, dirty jeans, and the elusive "Tilley" hat, that the RCMP were looking for, just happens to enter the same Duncan gas station at 7:26:14 a.m., over one hour after the Nanaimo murder at around 6:21 a.m. on December 12, 2003.

The timing fits with a drive from Nanaimo to Duncan.

What can I do?

I called my Counsel but it seems that nobody wanted to listen to me or view the video. A tingling feeling of helplessness and shivers slowly climbed up the back of my neck.

Why were the police not investigating her boyfriend?

How do you move on when a murder is unsolved?

Especially when I knew beyond a shadow of a doubt that the DNA does not match mine and their only named suspect.

My new job, the cart pusher for D-range was a good job. I go to the kitchen and get all the meals for my range, which was in a small grey cart with sixteen meals.

Rain, snow, and shine, I pushed that little plastic cart to the unit seven days a week and get paid for five, unloaded the cold but sometimes semi warm meals on brown trays and walked them up to the second level for the guys. Only for breakfast did I place a meal on the table in front of each designated chair. Meals were organized and ran smoothly for our range and whenever I was a cart pusher.

Some of the guys would spoon their lunches and dinners into plastic containers to re-heat in a shared microwave and toaster-oven. A month later, all the toaster-ovens had been removed because we were told we could no longer cook our own meals.

Now we cannot re-cook our meals anymore and actually eat them hot. After the meal, I return the cart with the empty trays available back to the kitchen to begin the next mealtime.

I thought Canadian prisoners were entitled to two hot meals a day.

Again, I was wrong.

This job, in fact, worked out great for me as it does not take up much time. I was able to go to school and the library in the mornings, study law, and work on my own legal case appeals, learn hobby crafts, and exercise.

In the evening, after lock-up, I read a book, sometimes two, to pass the time. My book reading keeps pace with the time I have been detained. For every day detained, I have read a book.

Keeping busy, the days fly by fast.

A month later, I received my 30-day items. These were sent in by my mom Leona. A television, shirts, sweaters, bathrobe, tennis racquet, shoes, CD clock radio, books, photos, and a few other personal items.

I phoned Hal, my biological father and talked to Virgie, his wife. My father had a cyst on his back. When he got up out of bed, it burst and he was paralyzed. He was transferred to the Health Science Center at 800 Sherbrook, Winnipeg, MV, (floor 5, 265.3).

Shocked, I asked for ETAs (Escorted Temporary Absences) to visit him due to this family emergency. I was denied and was informed that my dad being paralyzed was not life threatening, nor was it terminal, and compassionate leave would be denied to me.

I was very upset. The way I saw it, my dad had been rushed to the local hospital, immediately transferred to the neighbouring province and the city of Winnipeg, Manitoba. He was paralyzed, and the doctors had to operate on him because none of the doctors knew what was going on with him or whether he would make it through any of the surgeries.

When I talked to Virgie, she did not know if Hal would make it at all. She appeared stressed over this whole incident. All that she knew was that a large cyst on Hal's lower spine that broke wrecked his life; I was informed that he would not walk again, nor survive the surgeries.

Now, I was not allowed to go over and say my final goodbyes to him in case he did not pull through and died during surgery. This is how callous that Correctional Service Canada was.

I was upset over CSC attitude on my denied compassionate ETAs. I wanted to see my dad for one last time, especially when the doctors in Winnipeg, and Virgie, informed me that it was a real possibility.

Then, a ray of hope.

My mom Helen, sent me a copy of a letter she sent to Peter Warren, Investigative Journalist.

After reading her letter, I sent my own to Peter Warren clarifying a few misconceptions my mom had about the trial and added some photocopies on DNA test results from the RCMP E-division own lab. Highlighting the unknown profiles that did not match my profile nor did it match Denise's included profiles.

After receiving this letter, I got a visit from Peter here at Pacific Institution. The interview was short, blunt and to the point. Like his interviews on the _Mike on Crime_ radio interviews on Sunday's from Manitoba.

Peter comes into Visits and Correspondence (V&C) and shaking my hand asks immediately, "I have to ask, did you do it?"

"No." I replied forthwith without hesitation. He then let go of my hand.

He smiled and at that moment I knew that he knew that I did not do this terrible crime.

"Well, what kind of lawyers did you have?" Peter grills me.

"What do you mean?" I was at a loss. I did not know an answer to this. They were lawyers.

"I've looked at the DNA profiles, it's not you."

"I know that." I responded 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 agreeing in the affirmative.

I liked him immediately.

We chatted about a few other things, like other cases he had worked on with AIDWYC, which I knew was the Association In Defence of the WrongfullY Convicted out of Toronto, and about his move from Winnipeg to Victoria with his wife. He suggested that I contact them.

Sadly, I had already, but they refused to review my case until I had lost in the Supreme Court of Canada.

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. I talked about being raised with my three wonderful sisters Jennifer, Laura, and Elizabeth.

Then I 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, McMillan College, Saint-Lawrence College and Malaspina University which has now been renamed Vancouver Island University.

My stained-glass hobbies, which is what I do here in jail to pass the time along with tennis, and reading. This creates a bit of income, when sales come my way.

When he asked about my dreams, I told him they were on hold, such as searching for a location site for building my Bed & Breakfast at an airport in the back country or finding a home or camp to turn into one with hangers for rental and building experimental kit airplanes. My dreams have altered somewhat.

I now wanted to open and get a Private Investigation firm to get DNA samples of everyone involved with my case. All to prove cross-contamination in my case and to help others incarcerated prove their innocence too.

Over the meeting and visit, 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. Not being given the opportunity to raise her while I was a single father when I was working at Plastalene Ontario Inc. as a Quality Control Supervisor for this plastic extrusion plant.

The courts and CAS ignored my pleas to care for my own child after they snatched her without cause from my ex girlfriend Kathleen.

I explained to Peter, whatever it takes, I will find out the truth and get true justice. Everyone who was involved in this case, I will get their DNA profile, one way or the other.

We chatted about the denied access to my two eldest children, and that I had only retained Mayland McKimm and Susan Wishart to act for me in my trial if they worked on my custody access. They refused to do this.

Then I explained that sometime during my trial, it appeared that my lawyers stopped acting for and as Counsel for me.

When we touched about my religion, or lack thereof. I was still trying to find myself. I was raised Anglican, but all my past girlfriends and ex wife tended to be Roman Catholic, so our family attended both services. I explained that I was not very religious but I did like to sing and play flute music at church.

Here inside these walls, I am an oddity, a prisoner with a real flute. I play music in the chapel, the range, the field, and I do solos during communion as a flutist. I dreamed of one day having a better quality flute as the pads were wearing out and it was a bit bent and scratched. Peter suggested that I make an album inside; I would if I had a computer with a microphone and burner to record my music.

When I 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. Denise skipped out to be with Charles at that time in our lives.

Our family visited many Buddhist parks and beaches to learn about the local wildlife and community multicultural events and celebrated holidays.

Along with my Cart job, I had just acquired a new job at this time being the Chapel Clerk or Chaplains Clerk. I could not figure out the difference in the two interchangeable names that were used.

The bottom line was that I worked at the chapel, and for the chaplains and I assisted all the faiths with their various needs: Muslim, Sikh, Wicca, Judaism, Buddhist, Native and all the weekly and monthly bible studies, seminars and visitor events that occurred over the years. I also became the new M2W2 Inside Co-ordinator for this Christian group, Man to Man, Woman to Woman.

I became learned in many, but none I would call my own. My path was and is a wandering one. Catholic, Wiccan, Buddhist, and Native ways and teachings are paths I continue to study and learn even today.

Knowledge is power.

In Chapel, I enjoy the silence of meditations and to bring no harm to any sentient being. I practice a one-day silent retreat every second month, followed by a ten-day fast, plus two hours of structured meditation each Thursday evening and I also meditate each morning, afternoon, and evening for an hour at a time.

When I walk, my eyes dart down before each step, only to avoid stepping on ants, and I stop to help the worms, and snails get to the 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 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 honourable thing to do instead of being frightened into behaving by the threat of divine punishment.

I gave Peter a small stained-glass piece I made of some hummingbirds and flowers on etched glass with a 3D flower and 3D hummingbird attached to the top left corner. I received a picture of him holding it at my Grandparents Aina & Mike's house.

Realizing I had more to tell Peter, and did not during his visit, I sent him a follow up and thank you letter.

A lot of my letter was repetition from what I had written to date, and had talked to him about, and will again be forced to repeat as I continue with my appeals to the courts.

November 23, 2006, forced to transfer to C Unit, the Psychiatric hospital. My IPO, came to me and said, "You have a choice, to go to Kent or C unit... where do you want to go today?"

Not much of a choice, I replied, "C unit," and fifteen minutes later, after packing, I moved my entire cell effects, dumped them into a four wheeled plastic bin, and moved across the quad to C unit.

Thirty of us "Lifers" and long term workers moved that day, half to C unit, the other half to D unit.

When I arrived at the Psychiatric hospital, they made me sign in... I signed my name and beside my signature, I wrote that it was not by my choice.

I was no longer the cart pusher, but I still was the Chapel clerk. I applied for and received 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 had made and presented six stained-glass pictures to the Alpha group volunteers. Loon for Peter, Huskie for Gord, Eagle for Phil, Cat for Agnes, Cardinal for Margrette, and another Eagle for Major Joe.

April 27, 2007, wow, can this be true? A break in my case. Cst. Rupa, who was the lead investigator in my case, was reprimanded for "tunnel vision" and not being interested in investigating alternative named suspects in the 2003 wrongful conviction of Scott Mercer.

This case, _R. v. Scott Mercer_ , happened in Nanaimo by the same RCMP members involved in my case and a real judge reprimanded these officers. I wrote Crown asking them for a copy of this reprimand under disclosure rules in all the RMCP files on misconduct with any officers involved in my case.

Still to this day, I have not received any disclosure from Crown. Clear whitewashing and protection of their own officer's misconduct seems to be the order of the day.

Any good officer, judge, and Crown would re open my case because of tunnel vision and RCMP misconduct.

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, a DNA order **C.C.C. 487.05** on Charles & Cst. Holly Ann Turton.

My Counsel did not like me doing this.

Nevertheless, Mr. Justice Bracken dismissed it. I do not know why the judge would protect people 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** in the British Columbia Court of Appeals.

September 12, 2007, a revised appeal on DNA order **CA035316** filed and a computer motion and request was included. I wanted and needed my own in cell computer system to make full answer and defence according to my _Charter_ right. This was promised me but my Counsel did not do.

December 7, 2007, BC Appeal DNA warrants **CA0035316** denied by Madame Justice Huddard. I felt it was unfairly dismissed.

October 21, 2007, presented stained-glass cross to Michael Ingham, an Anglican minister that came to visit us here at Pacific Institution.

November 29, 2007, M2/W2 Christmas dinner, made stained-glass pieces for every guest. The total was sixty ornaments for their Christmas trees.

December 11, 2007, Victoria BC Court of Appeal heard my Conviction Appeal, I was not allowed to attend though I asked to be present. I believed it was my right to be present for any of my hearings.

Am I wrong in this assumption?

In addition, I asked Counsel for a copy of the Appeal Book before it was filed. I did not get this copy to review " _audi alteram partem_ " and make changes and challenge falsehoods. Moreover, my trial lawyers were not responding to my directions, letters, and phone calls... frustrating.

December 12, 2007, Victoria BC Court of Appeal on Conviction Appeal, I was not allowed to attend this second day of hearings though I asked to be present for this too.

March 7, 2008, my Appeal on Conviction dismissed, judgement: C.M. Huddart, K.C. Mackenzie, 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 frame allowed. Funding by Legal Aid was denied to me so I had sixty days to file my appeal in the Supreme Court of Canada by myself.

March 13, 2008, I filed and received my own family file **ED037144** with the Nanaimo Registrar stamp. This was 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 have been denied a court hearing on this.

I tried to charge Charles, and get the officers involved in the investigation DAN tested and scientifically excluded, but the Nanaimo courts refused to stamp this application 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 was why I wrote SELF COUNSEL on all the forms I submitted to the court.

This was clearly an abuse of process and again I wrote asking for an Administrative Review on my case and this latest matter. My letter was never responded to by the Chief Justice.

A card arrived today from Peter Warren, attached was a copy of an eMail message from a BC Ferries worker.

I was not the only person that thought something fishy was going on here with the Nanaimo RCMP and their investigators obviously protecting Charles. I still think it was because he was an RCMP informant as he was seen involved with the bikers in Nanaimo, and family told me he had financial difficulties.

Plus the largest fact was the disclosure of thirty phone calls he made to the RCMP in the two months before Denise's death showed by his own telephone records that he had some sort of interaction with the RCMP. Those records unfortunately failed to show how many times the police called him. This only begs me to wonder, who was he in contact with? I think it was his handler or accomplice but, that was my personal opinion and thoughts.

I received a letter and news article from my Aunt Cathy. A rare neutral article on my case that a local Duncan newspaper published.

April 4, 2008, I read an article by Peter Warren who compares me, K. Purdy, to the Sophonow case. Paul Walton follows up after being turned down for an interview by Peter Warren and vexatiously writes another of his biased articles in the Nanaimo Daily News. I was not overly surprised when Paul Walton regurgitated proven false facts about my trial.

I decided to call my Aunt Cathy, to see whether she can remember some turning point stories and send them to me in affidavit form for my appeal. These I received a few weeks later.

Still, I did not get my files in time to file a proper appeal. In fact, my lawyers refused to send me all 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.

Going over my own diary notes, I created an application for the SCC. I created all the books required for filing that being five copies plus the original for the court, one for myself, one for a future lawyer, and one for my Aunt Cathy (my backup). This was in case I was 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 my reduction in sentence would be a few months later than planned.

May 5, 2008, at fifty-eight days (two days before the deadline), my Leave to Appeal was done, copied and ready for mailing by overnight delivery to the court house in Ottawa. My Mom and Dad (Dean & Helen) retained Counsel Bibhas Vaze to pick-up and forward my completed Supreme Court of Canada application to Ottawa forthwith by overnight registered courier delivery so I could make the court deadline.

When Mr. Bibhas Vaze arrived that afternoon, I supplied new Counsel a copy of my application. He left promising that he would send my application forthwith.

I was surprised that the next day, Mr. Bibhas Vaze returned and visited me. He told me that he reviewed my application, and he offered to act as Counsel and use the new retainer paid by my family to fine-tune my application for the Supreme Court of Canada (SCC). He informed me that he had already 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 SCC application. He informed me that Crown did not set a time limit for the extension.

Now I was a bit upset because I learned that Mr. Bibhas Vaze still had not mailed my Leave to Appeal to the SCC. I explained that according to the rules of the court, even new Counsel could still file a new amended application on my Leave to Appeal but the SCC required and I also still wanted my original SCC application sent in for the SCC to book a hearing date and meet the timeline deadline. He agreed with my logic and said he would do this and I believed him.

I truly believed that Mr. Vaze was going to follow my instructions and forthwith deliver all my packages to the court and to the Crown by courier. This still would have arrived with one day to spare.

This was why he was here in the first place because I did not have time (CSC requires about two to six weeks to arrange gate passes, financial transfer and payment requests 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 new retainer my family paid, he would go over my appeal application and re do it so it would have a better chance of success in the SCC.

I was furious as I had instructed him to file my own Leave to Appeal anyways, as it was labelled by myself as self-Counsel and I wanted it recorded as being filed on time by me.

Again, being retained as Counsel by my family, he would be given a time extension (he already received) and a chance to file an amended Leave to Appeal in the Supreme Court of Canada according to the SCC rules. I asked him, "How do you file an amended Leave to Appeal when no Appeal is on record?"

"You have a good point, Kelvin," was his only reply to me.

A week later, Mr. Bibhas Vaze came back in and told me he received my case file from Susan Wishart and Mayland McKimm. At this point in time, Susan Wishart had become appointed as a Judge and could no longer act as my Counsel for my appeal. But I was informed that she would be sitting at my next appeal hearing, whenever that may be.

This I was told by Counsel and expected to be this summer in 2008. Mayland McKimm had also washed his hands with my case as all my files had been sent to Mr. Vaze, and I learned "through the grape-vine" that he was waiting to be appointed as a Judge.

At this time, I considered myself a Political Prisoner. Counsel had been promoted to Justices by my conviction and railroading me. I knew both of them were hiding something big in my files but I did not know what.

I was again angry and furious. I did not instruct them to send my case files to this new lawyer. I asked and wanted my file sent to me directly as they told me they would. Again, I was feeling that something was being hidden from me but I was not sure what it was. It felt like a shell game with my case file.

It had been five long years and I was still struggling to get access to my own case files. I realized that this new lawyer probably needed them anyways so I was not going to raise a fit over this breach in protocol by my past Counsel.

Therefore, I waited.

And waited.

By this time, Wayne had acquired a DNA sample of Charles from a discarded cigarette. He put it in storage and then mailed it to the lab for testing. The lab informed him that the sample had been contaminated with mould and could not be used. He told me that the lab told him that mould eats DNA and therefore any sample gathered would have to be sent directly to the lab for DNA processing.

Time went on, and I mulled over what I could do that the police refused to do. Getting tired of waiting, I needed to act.

May 21, 2008, I called my Grandparents Aina and Mike to find a Private Investigator for me for DNA acquisition of my new suspect list starting with Charles.

Success, the Private Investigator firm my family hired would not get me samples from police because they were ex police themselves. They did agree to get the sample for Charles and send it to the lab forthwith. Arrangements were made and the lab was pre-paid and awaited the next sample.

And the waiting began again...

Thirty-five days of trailing Charles by Private Investigator Kurt T. Opsahl, a DNA sample was collected and labelled "Spittle" and was forwarded to Genetrack Biolabs in Vancouver on May 22, 2008. Address: 101-1001 W. Broadway, Dept, 600, Vancouver, BC, V6H 4E4, Canada

This sample was tested.

And, I again waited for the results.

June 3, 2008, Genetrack Biolabs "Spittle" sample results received, and using the same RCMP match criteria, it showed a positive match to the unknown DNA from the crime scene and in the vehicle. Charles was a scientifically confirmed partial DNA match.

I was ecstatic, but I knew it had to be 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.

Satisfied and happy inside that this case was going to be scientifically solved.

I did not know who this person was. I asked my Aunt Cathy and Uncle Duncan, Dean and Helen, to do a little research on him. I asked both to do the same research as sometimes I don't get all my mail and chances are better with two and if I was lucky, both letters will get to me and not be returned to sender. My Aunt Cathy has a few of these returned letters.

The information I received surprised me. Dr. Dean Hildebrand was the lead professor and instructor of many DNA programs at BCIT. 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.

If this doctor took the stand, I believe he would confirm who his past and present students were, and if they were Crowns expert witnesses in my case. Maybe, in the very least, he would be able to explain why these students failed to exclude my profile.

Oh, how I wanted answers.

It was a coincidence one that that I happen to flip the channel on my television, Dr. Dean Hildebrand was talking about DNA comparison and helping the Crown convict anther person because DNA is so precise.

Fact: There is no partial matching in a DNA comparison.

One either matches or does not match a profile or mixed sample profile. If a DNA number is wrong, or missing, then that person is scientifically excluded. This is how one can eliminate innocent suspects quickly. Things were beginning to look up for me. This dark tunnel now had a ray of light at the end. But it still felt very far away.

  6.

VEXATIOUS INJUSTICE

August 4, 2008, I called the courts to inquire into my next court date. I was informed that the Registrar had filed a **13.3 motion** (to dismiss my appeal) because my Counsel, 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 angry over my Counsel's lack of good faith, bad conduct, and it seemed that they railroaded me.

Where they allowed doing this?

I went to the library, read up on appeal motions, and created my own counter motion to try to re open my decided case and not get it thrown out because of the unfair **13.3 motion** that the Registrar filed against Counsel, 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." With family, I believed this to be true, especially on how my case was handled by her. If I had known this was her opinion, I would have had another Counsel for my appeals.

August 20, 2008, without Counsel, as Legal Aid refused funding, I mailed a motion to Re open my decided case, based on the new DNA evidence that the Private Investigator collected and DNA profile partial matching.

Which I believed linked Charles to the murder of my ex wife, Denise, on December 12, 2003.

Now, the "Spittle" DNA appeared to be a partial match to the unknown DNA the RCMP found at the crime scene. I still needed an expert to review it for a proper analysis, but I thought this was a start in the correct direction.

I explained to the court that 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. All that was left was an unknown male DNA profile. It was the murderers DNA.

All I needed was to match the unknown DNA to a person on the defence suspect list, a list of everyone who had access to the crime scene, something I had created from court testimonies and submitted names.

Therefore, I collected and included numerous affidavits from new witnesses coming forward that contradicted inferred falsehoods that were challenged by the defence in my appeal. I hoped the court would allow me to address these.

Being naive, I thought that Legal Aid would surely help me now. I again sent a letter to Legal Aid and asked for proper representation. A few weeks later, I received a letter back saying that my funding was denied. They did not care about me finding out that the unknown DNA and getting a match to the possible suspected murderer and presenting this in court.

Frustrating, to say the least.

January 12, 2009, first hearing for the **13.3 motion** to dismiss this appeal on sentence all because my ineffective trial Counsel did not file, for over a year, any documents for a reduction in sentence.

During the **13.3 motion** hearing, my present defence Counsel, Susan Wishart, remained silent. She was clearly not acting as my defence "Counsel" as guaranteed by law. Just like my bail hearing, I had to speak on my own behalf and was able to get court postponed until March 9, 2009, as I explained to the court that I had acquired new Counsel, Bibhas Vaze, and he had informed me that he had retained Counsel Michael Fox to act in this matter in the BC Court of Appeals but was already in court in another matter this very same day and that it is very hard to be in two places at once. The Judge agreed and set a new date, March 9, 2009.

February 23, 2008, this was a wonderful day. Not only was it my birthday but I was able to speak to my eldest daughter Amanda who was sixteen-years-old, for the first time on the telephone since she was adopted by CAS from Cornwall, Ontario.

I learned from her that she moved out of her adopted family on January 16, 2008, and into a friends place and called randomly over two hundred (200) Purdy's in Canada, all to no avail. Then she found a Kelvin Purdy listed on Peter Warren's website, and e-Mailed him. After Peter Warren contacted me and confirmed that Amanda was my daughter, she received a confirmation from him that I was looking for my adopted daughter, Amanda along with contact information.

When we talked, Amanda, told me she was happy to find me, but did not know what to make of this situation I found myself in. I understood completely. I was considered guilty, viewed, and convicted as such.

Logically, I did the only thing I could do. I sent copies of all the DNA test results to her from the RCMP E-Division labs and let her figure it out for herself.

After she received the RCMP test results, I called her and she told me immediately that the DNA did not match. Just like Peter Warren asked me when he viewed it and questioned what kind of lawyers I had, Amanda asked, "Were they incompetent?"

I told her, "Yes, I thought that they were."

Eureka, she saw the same thing that the jury, Crown, Judges, and everyone else DNA overlooked. The DNA that the suspect left behind on the knife sheath, purse, and vehicle did not belong to my profile, and that it had to belong to someone else, but who?

When I explained how the case and my appeals unfolded, she was very upset and angry at the entire justice system for being so unfair to me.

March 9, 2009, Appeal court postponed without notice. When I called the Registrar, I was told it was postponed due to weather because the judge could not get into court. A new court date would be set and sent to me.

Reasonable, but why did I have to call the courthouse, and for that mater, why did the courts not fax me here at Pacific Institution and inform me of this change in date and time?

I thought they were supposed to do this. I needed to inform the parties, and my supporters that wished to attend court, that it was cancelled. When I called family that evening, I learned that they had shown up that day at the courthouse.

May 13, 2009, Venerable Anila Ann McNeil gave me a copy of an e-Mail she received from Lama Zopa Rinpoche. She explained about my unfortunate situation, and he with ocean-like forgiveness and compassion had given me my new Buddhist name: _Thubten JangChub_.

June 1, 2009, after repeatedly calling the court Registrar, the lawyers, and Crown, they all gave me the run around on why no new court date had yet been set for a hearing of the **13.3 motion**.

After researching court procedures and the rules of the court, I sent the court a letter of complaint and requested that the Registrar do their job and assign a court date and time. I wanted it to be an in person appearance for this appeal and all others.

On June 4, 2009, I had asked Counsel to send all known DNA profiles to a DNA expert. I learned that the only profile that was sent was, "Spittle" a.k.a. Charles, and the mixed profiles and evidence from the crime scene, to Dr. Dean Hildebrand, who now excluded the one single profile he was given, "Spittle."

When I asked about my profile being sent and excluded, he said no, it was not submitted and would not be. I was angry with this.

Therefore, taking matters into my own hands, I sent my own DNA profile (Kelvin Purdy 10AA) tested by the RCMP E division labs, and along with the victims profile data (Denise Purdy), both disclosed and supplied by the Crown to Dr. Dean Hildebrand, and paid the $750.00 for the analysis myself.

Months later, I received a reply and analysis.

December 27, 2009, Dr. Dean Hildebrand sent me a letter about the profiles I supplied him. For the first time I received a letter from a doctor that scientifically excluded me, Kelvin Purdy, from the crime scene. With the large amount of data he sent me, it was confusing to read, so I called and asked him to send me a layman's letter with his results. He did.

" _K. Purdy (10 AA) are excluded as a contributor."_ **Dean Hildebrand** , Ph.D.; BCIT. January 28, 2010.

His letter back was my golden ticket. I finally had a DNA expert that clearly and scientifically excluded my profile from all the RCMP evidence.

I was in shock.

Here I was holding scientific proof of my innocence, something that I needed to show the justices to get me out of prison. The "Holy Grail" was in my hands and needed to be presented to the appeal courts and broadcasted around the globe by the media.

Now the only question that comes up, who was lying?

The Crown experts all refused to exclude me from the crime scene and the vehicle and yet Dr. Dean Hildebrand, a prominent DNA expert that the Crown uses to convict people all the time, had scientifically excluded me.

The jury had a right to know this!

Any competent judge would see that I was wrongfully detained and convicted and that a miscarriage of justice had occurred.

My defence Counsel was required to present all exclusionary evidence to the justice, jury, and Crown. To do otherwise proves their incompetence as Counsel.

They should all be reprimanded.

I wanted an Administrative Review.

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 would have known that I was scientifically DNA excluded.

In the Library, I unearthed 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).

Canadian law is quite clear: When a suspect is DNA excluded, the Crowns case is over!

The walls of lies cited by Crown and the RCMP has been destroyed. I am DNA excluded. DNA does not lie. Crown, and their alleged "DNA experts," distorted the truth to convict me, an innocent man.

Furthermore, in the letter, Dr. Dean Hildebrand tells of a three person mixture in the vehicle evidence and I was excluded in this, then who are the other two profiles belong to? The profile was said to contain profiles of two females and one male. There was an unknown male and unknown female that needed to be found.

I strongly believed it belonged to Cst. Turton, as she has admitted under oath to being at the Nanaimo crime scene, not wearing the required protection of a white bunny suit, booties, and gloves, then traveling to Duncan from Nanaimo and entering the vehicle. I could not believe that she admitted to not changing her uniform. There was clearly cross-contamination by her; I believe that Cst. Turton's only defence was that her profile would be scientifically excluded when tested.

She still refused to be DNA tested.

This is a red flag again in my book.

What I suspect, was that Cst. Turton, being in charge of the evidence, took a blood sample taken from the victim in the hospital, after the victims blood transfusion at the hospital, and deliberately smeared a sample of this mixed profile in the vehicle after her earlier court statements that her first search of the vehicle from the passenger side uncovered no blood nor stains.

I strongly believe that Cst. Turton did not realize that after a blood transfusion, the blood sample would contain a new mixed DNA profiles that would include the victims DNA and the DNA of all the donated persons. This sample, retested, would be clear proof of cross-contamination by RCMP members if it matched the vehicle stain sample.

Looking more closely at Dr. Hildebrand's results, I realized that the knife sheath and purse had different male profiles on them and that I have been excluded from both items. There were in fact two different male profiles found at the crime scene, not one! DNA analysis proved this.

This was the golden ticket that I have been praying to receive.

I made photocopies of this exclusionary letter and sent it out to family, the newspapers, Crown, Counsel, the Chief Justice, the Minister of Justice, the courts, and everyone I could think of that had sent me a letter.

Then I forward all this to Legal Aid to try to get funding in an Appeal to re open my decided case. DNA exclusionary evidence, I thought, was strong material and the only evidence that I have seen that could reopen a closed case like mine.

Wow, this was amazing. I was shaking with excitement that this Dr. Dean Hildebrand, one of the top DNA experts in Canada, had excluded me from the purse, knife sheath, and vehicle samples collected by the RCMP, effectively all their evidence.

I have proof of my innocence!

Proof that someone else's DNA was at the crime scene.

Clear cross-contamination by RCMP members, but only if they refused to be tested and scientifically excluded.

With copies, I carry them around with me, even now.

This is something the courts should want to look at, as this was fresh evidence. Also, the jury should have known I was excluded as the male profile.

In fact, I would have been surprised if Denise's profile was not found in the Explorer vehicle or my clothing. I remember that I drove her numerous times for appointments, to and from her work, going out with her for coffee, and helping when she asked to pick up and return the family laundry at _Busy Bee Laundry_ and deliver the family groceries to her home when she finished shopping.

Longlake Chateau staff workers remember seeing me dropping off Denise during the summer of 2003, after we separated. It was something that surprised the Crown when they were questioning her work staff under oath. I was actually a very helpful friend to my ex wife and our family needs.

Hey, the way I looked at it, it helped my children when I assisted my ex wife. Her boyfriends never seemed to have the time to help her when she needed it.

I wish my lawyers would have taken my advice, and instruction, and put that Victoria doctor and secretary on the stand, and shown the treatment records and medical receipts that showed I continued to pay for during the summer of 2003, after we separated.

Nobody involved in my investigation was ever DNA tested and analyzed for scientific exclusion.

Talk about everyone in Nanaimo getting a group hall pass.

Why are the RCMP refusing to see if the unknown suspect profiles are already in the DNA data bank? This should be supplied to the defence with all profiles of the people who attended the murder scene to rule out cross contamination.

The only reason I can see that makes sense was that the Crown and RCMP may have found a match for cross contamination by one of their own officers and want to suppress it. There was a cover up happening in this case.

For almost ten years, the RCMP and Crown have, had the chance to prove me wrongfully detained by disclosing all the profiles named in this case. I have asked in chambers for them to do this but been refused.

Now, I leave it and pray for a philanthropist to get me the DNA profiles and send me copies of the results to me for DNA elimination.

February 12, 2010, courts received as Exhibit #2, DNA exculpatory evidence excluding me, Kelvin Purdy, for the first time, as a contributor to the December 12, 2003, murder of Denise Purdy.

From what I have read, the Canadian law was clear. When a suspect has been scientifically excluded, the Crown's case is over. However, learning by experience, this was no longer the case in Canada. Justice clearly was unfair.

I have been scientifically excluded and yet I am still wrongfully incarcerated.

March 5, 2010, both lawyers, Mr. Vaze and Mr. Fox, decided to quit today without proper written notice. Both came in and cited non-compatibility just days before my scheduled court appearance.

This was clearly vexatious of them.

Apparently, as to why they were quitting on me, Bibhas Vaze responded and said, "Both your Counsels are judges and that makes it a conflict if we go to court and they are sitting on our case."

It infuriated me!

Therefore, the way I saw things, they both sat on their asses for the past year and did not file anything or put together my SCC on my behalf. I was back to exactly where I was before my parents hired them but now out of several thousand dollars, I wanted my money back.

When I asked for my money back to give to another lawyer to represent me, they claimed they had none left. Just as any crooked lawyer would be expected to say. They did promise to send me a final bill on how they allegedly wasted the funds received to date. I was angry and frustrated over this new situation.

Conroy and Company lawyer Mr. Bibas Vaze did not do the basic thing I wanted from the start, to mail out my court papers to the Supreme Court of Canada, then fix, and redo my Leave to Appeal, attend court on my behalf, and get me an inmate owned computer system for my appeals and educational needs.

He stole money my family scraped together as a retainer for my SCC and BC Appeal Court motions to re open my decided case.

What bad apples. With a sour taste in my mouth, I tell everyone in jail about my bad experience with them and to not to use these lawyers from Conroy and Company. I was told this company was fair, honest, and fought for prisoner's rights, but clearly not in my case. My case had clearly been rung out to dry during a thunderstorm.

March 8, 2010, unscheduled change to video court hearing which I complained and explained that this was supposed to be an in person appearance. I learned that a new appeal court date and time of June 8, 2010. This was for Jurisdiction arguments and the fact that it was an in person appearance for this appeal.

The appeal court, led me to believe that they knew I required a computer system to hep me in my appeal process by the statement on transcript page 13, line 46 of Madam Justice Huddard, " _You'll need certainly the summer probably and at that point you may well need the computer_."

What was this from her mouth?

She clearly knew I needed a computer right now for a fair appeal hearing by the end of the summer. I needed the summer to get the computer and prepare for the new court date. Without the computer by the end of the summer, my appeal would be unfair.

The Crown was again changing the ground rules and circumstances of my appearance to suit them. I was being denied a computer.

Irritated, I explained that I have repeatedly pleaded and asked for a computer system but it appears she does not have the will to give me one. This was not fair, it was injustice!

Furthermore, on transcripts page 15, line 33, Madam Justice Huddart later states, " _if it's dismissed, that's when you should be asking for your computer and you will probably get it_."

Therefore, she sidesteps the computer issue again until the next court date. I felt this was crummy of her and vexatious. I was not having a fair appeal.

If my motion was dismissed, how does being denied the opportunity to make full answer and defence of the motion without a computer system seem fair?

I am confused and angry.

Alienated, I needed a computer now!

This justice has laughed at me on paper, while Crown smirked on. As I leave, I overheard the prosecutor, chastising me, " _Purdy will never get a computer._ "

He was right. To date, I still do not have my computer system.

Frustration 101 again, and the Canadian courts claim they are fair.

I kept my pent up anger and frustration in check, though my blood boiled at the unfairness of this whole process. Family, media, and friends that attended the hearing told me this did not seem correct and it was clearly an appearance of unfairness.

However, what could I do?

April 15, 2010, Notice of application was filed by me for discovery DNA testing of Jennifer's sample number 182 that was held by RCMP and Crown.

Funny that the RCMP would take a DNA sample of Jennifer and not have it tested. I remember that I asked my trial Counsel to test her; they told me that they would look into it. I learned later that they refused to ask for a sample or test the one that the RCMP took.

Why was I being railroaded?

Was it to get their promotion to become newly appointed judges?

Coincidence?

The fact remains that I am and was a Political Prisoner because both my trial Counsel are now judges, they were appointed not elected. The appeal judges clearly did not want to re-open my case because of this fact. Newly appointed justices cannot be seen by the Canadian public as having done any wrong in any of their past cases. That would put the whole justice system and appointment of justices into disrepute.

If they can be easily placed as justices, can they be removed easily too?

Neglected, who can order an Administrative Review?

April 19, 2010, video court re confirmed date of June 8, 2010, at 10:00 a.m. with my in person appearance scheduled in Victoria. Crown complained that they did not receive any letters of exclusion from me and that they wanted all letters of exclusion that Dr. Dean Hildebrand sent to the defence.

May 10, 2010, called and was told by family that they received an eMail from my past Counsel that all legal files had arrived at CSC.

May 14, 2010, confirmed that court and Crown had both received a copy of the DNA exculpatory evidence excluding myself, Kelvin Purdy, as a contributor by Dr. Dean Hildebrand.

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 that day. It was re set for the next day.

June 9, 2010, video court at 13:30, I stated a clear violation of **Rule 45.2** and _Charter_ violation section 7, because of no notice to a change of date, time, and appearance. The justices agreed with me and ordered a new court date and time was set with an in person appearance in Vancouver.

I gave notice of a continued lack of disclosure of legal files by CSC because on May 10, 2010, my legal files had arrived but were still being deliberately withheld by CSC Admission and Discharge (A&D).

This has an appearance of unfairness as I am unable to properly prepare my defence without a computer with a DVD ROM, and not being able to review trial materials for court including the 120 DVDs and interview tapes.

Crestfallen, it was after the summer. I have asked for a computer system and still been denied one.

June 16, 2010, I was escorted to A&D and given only one and a half (1½) hours access to all eight large boxes of legal materials being withheld since May 10, 2010, by CSC. I did not get to go through and read all of them. All under the watchful eyes of several sentence management staff and some A&D officers, five in total.

In fact, CSC 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 box of legal materials. I thought this was wrong because it was all privileged legal materials. CSC has no right to take notes on any of this for Crown. When I left, I learned that there were a total of seventeen (17) boxes in A&D that were my case files and they wanted them shipped out.

After CSC looked over all my legal correspondence and privileged materials, taken their notes, the agreed and permitted me to take one box that they chose after removing some of the photos.

What gong show this turned out to be.

These CSC staff all complained to me that it was a fire hazard for me to have anything else in my cell except one box. I countered that I would be willing to buy a metal footlocker, for storage in my cell of all my legal papers, but they refused to allow me this. It was strange that they refused to allow me this, other inmates are allowed metal footlockers in their cell but I am not.

I then asked about putting my legal papers in the empty cell beside mine, they said no, just take this box and when you are done, return it and exchange it for another one, but put in an Inmate Request first (an "Inmate Request" takes 15 days to process).

After CSC informed me that I could do a one-for-one exchange of my legal materials after submitting an "Inmate Request", this was clearly unacceptable and I told them about my court. They told me that they knew and that was why I was down here.

Clearly this was to white-wash the fact that I raised in court about no access to my case files. This was now very limited access.

When I arrived back in my cell, I was going through the one box, and reading some DNA eMails and papers, I came to realize something. I was clearly prejudiced by the deficient performance of my own Counsel. I was learning that my Counsel made several errors, so serious, that my Counsel was not functional as the "Counsel" guaranteed for the defendant.

I was further surprised to learn that a leading United States DNA expert, **Dr. Donald E. Riley** , from **DNA Consulting, LLC,** was retained by Susan Wishart and picked up from the airport by her during my trial.

Legal Aid had paid his time to testify and travel from Bothell, Washington by his private plane. All for the opportunity to take the stand and exclude myself, Kelvin Purdy, as the suspect in this murder. I gleamed this from copies of his correspondence to trial Counsel, and a letter from him to Counsel dated August 25, 2005. (Trial Judgement on October 14, 2005 and Sentenced on November 25, 2005).

In summary: Dr. Riley had scientifically DNA excluded me prior to and during my trial. This was a new revelation. My heart beat faster and faster. I was shocked.

So, in a nutshell, not only was I denied the opportunity to personally take the stand and cross-examine key witnesses in my own defence, but trial Counsel threatened to leave me if I tried to take the stand. Not knowing the law at the time, I agreed not to take the stand out of fear of abandonment.

I was further denied defence witnesses to take the stand; many have submitted sworn affidavits as fresh evidence after trial that contradict perjured statements given by Crown witnesses.

Some Crown witnesses that have, under oath, admitted to lying in this case. Yet these lies are 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 defence perjury charges and other new requested charges that came to light later.

Crown witnesses and their secret deals with Crown are still not disclosed fully to the defence when asked for. Like secret "gift" computers given to a child witness by lawyers and RCMP involved in this case.

Also, a refusal to charge with perjury and obstruction of justice, and other charges that should have been, is another demonstration of sweetheart deals to secure my wrongful conviction.

After reading these correspondences, I felt stunned all evening, all while sitting on my cold metal bed draped with two holey covers that represented the two issued blankets during winter. I remember being issued thermal blankets a few years ago, two of them and exchanging my holey blue blankets, then the officers decided we all needed to suffer more and so they rescinded our warm orange thermal blankets for just our programs unit. The other units here at Pacific were still allowed to keep their thermal blankets. This I thought was an appearance of unfairness, by our new Warden.

Sitting stunned in my cell, the cream walled, seventy square foot room, on my thin mattress bed, covered with the two thin sheets and two holey blankets, I held a sheaf of papers in my dry and vitamin deficient hands (they are starting to fade with the passing of years). They are DNA exculpatory result letters from an unknown to me, Dr. Donald Riley.

I read them over completely. My chest was constricting. I was having a difficult time breathing, just like when it registered that my ex had passed away. In my shaking hands was clear scientific DNA exclusion proof that it was not my profile but someone else.

What else was I missing?

Is there other exclusionary evidence that was also suppressed by my trial Counsel, now judges?

I have read these letters for literally the thousandth time...

Therefore, I do the only thing possible, I call Mayland McKimm and Susan Wishart to find out about this. Surprisingly, I do not get any responses or answers from their secretaries from them. In fact, they refuse to speak to me and explain themselves.

I have an overpowering curiosity and thirst to know the truth of things in black and white. I write them, asking about the DNA expert Dr. Riley. The one that was deliberately suppressed and kept away from the courts, the jury, family, and especially me.

They do not respond to my query.

If would surprise me if they actually did. It would show they cared.

At the same time now, I called my family and asked them if they had any clue to who this expert was and they say, "No," but all requested copies of the newly disclosed eMails and in exchange, they send me some information on this DNA expert from the internet.

Nobody had any idea who this expert is.

Logically, I do the only other thing possible. I write "Snail-Mail" to this DNA expert and ask him a few blunt questions:

Dr. Donald Riley.

  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 DNA excluded?

  4. Would you be willing to testify if my case was re opened?

  5. How much would you charge?

Dr. Donald E. Riley's speedy reply back shocked me, and this passage jumped out at me, " _My notes indicate you were excluded as a contributor to the knife sheath and there were weak indications of another male_."

In a nutshell: he excluded me and identified an unknown profile on the purse sample, an unknown profile on the knife sheath, and two unknown profiles in the vehicle sample (one unknown female and one unknown male), yes he was available for my trial but did not know why he was not called to testify (he was there), and yes he would come and testify if I needed him.

Kudos, this golden proof of innocence had in fact been known and not disclosed to me from my own trial Counsel. Then the reality of this sunk in. My past Counsel had in fact retained a DNA expert that excluded me. I was shocked, but happy, that I have a second DNA expert (actually the first) that has scientifically excluded my profile.

His letter questions the credibility of the Crowns own DNA experts who all refused to exclude my profile.

Questions kept running through my dancing monkey mind:

Why did my Counsel not tell me that this expert had scientifically excluded me?

Why did my Counsel not tell the Crown, Jury, and Court Judge that I had been scientifically excluded?

All media sources would have been all over this fact.

Why did they not put Dr. Riley on the stand?

More concealment rather than disclosure.

My own trial Counsel were seen by the public to switch sides and act just like the prejudiced Prosecutors with tunnel-vision.

Counsel knew I was factually innocent.

Yet, they swept and hid the facts of my innocence from everyone.

Where is the Administrative Review I asked for?

Still waiting for one.

Did the jury not have a right to know that I was scientifically excluded and the Crowns experts were lying about not excluding me?

Both cannot be correct.

Furthermore, who was the unknown male profile now that I was excluded? The RCMP had an obligation to find out, unless they are corrupt.

The only thing I know is that currently a murderer is walking around free on the streets of Nanaimo, British Columbia.

Is this murderer bragging about it to his girlfriend(s)?

Equally important, and it only raised more questions was: _Why would my own trial Counsel suppress exculpatory DNA evidence from my family and I?_

The only conclusion I could find was simple, it must be the old boys and girls club protecting their own. They were promised promotions and to become judges, only if they sweep this matter under the rug and railroaded me with a false conviction.

I felt that my Counsel were no better than the confederate RCMP who deliberately deleted my videotaped alibi at the Duncan Payless Gas Station, and the person who put the smear in the vehicle. In my book, they all should be charged as accomplices to murder.

There is no other reason to think otherwise. My own trail Counsel, soon after my trial, were seen as being rewarded. Both were promoted as newly appointed judges for British Columbia. It appears that favours were obviously granted for them to ignore and suppress DNA exclusionary evidence and witnesses, to continue with a clearly witch-hunt trial after being scientifically excluded, help in a conviction and continued wrongful incarceration, and denied me a computer system.

No one wants to admit wrongdoing, especially by his or her peers.

But if you have the power to do the right thing, then do it, for there is no better time than now.

The burning question in my mind comes from those words, "another male." This had to be the culprit, but who was he?

Fact: I had proof that I was excluded before and during my trial.

Why was the court and jury not informed of this startling fact?

This fact, and evidence of my exclusion, would likely have altered the outcome of my circumstantial case.

I sent copies of this letter to the RCMP, Crown, the Appeal courts, and to Legal Aid for funding, and the media.

All to no avail.

The RCMP and Crown do not want to re-open my case and find the real killer(s). Legal Aid refused to fund my appeals even when presented with DNA exclusion by not one expert but two.

Why?

The DNA laws in Canada I thought were clear: when a suspect has been scientifically excluded, the Crowns case was over.

I felt like I was pounding my head against the wall.

All my complaints and letters about this to the Chief Justice, the BC Court of Appeals, the Supreme Court of Canada, law society, Prime Minister, Attorney General, Governor-General of Canada, and Her Majesty the Queen had been in vain.

Well, almost in vain. I did receive a letter from Mrs. Sonia Bonici, Senior Correspondence Officer at Buckingham Palace on behalf of Her Majesty the Queen. In a reply letter she informed me, " _I have, therefore, been instructed to forward your letter to the Governor-General of Canada so that he may be aware of your approach to The Queen and may consider the points you raise._ "

I feel that only a great person can stop a wrongful conviction, regardless who was ordering it.

Since day one, I have asked for a remedy, that being court ordered, in cell access, to all my case files, and a computer system. Both the British Columbia Appeal Court (BCAC), and the Supreme Court of Canada (SCC), refused to address my motions for fairness.

I thought the Crown had a mandate to investigate all avenues of the defence that were raised. 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 to scientifically eliminate all persons at the crime scene and suspects. This includes me. This still has not happened.

I, along with others, think it is prejudicially unfair being denied funding by Legal Aid for indigents (those that have no income).

As you can tell, me sea-monkey mind does circles over the same basic issues.

It is like a manifesto... frustrating and sad not only for myself, but many other convicts that I have had the opportunity to talk to.

Clearly, it is prejudicial and unfair that prisoners are deliberately denied the opportunity to access Crown supplied information and respond in kind. That is, burning a CD-ROM reply, motion, and application discs and sending them to court and to the Crown.

Some prisoners are allowed computers that are "Grandfathered." I, and others under appeal and in school, are not... I was told that if I had money for a good lawyer, I can get this from a judge. Right, I was indigent.

Everyone detained should be allowed to purchase a computer system for education, recreation, and their legal work, if they can afford one or their family or Counsel could send one in for their use. That would be fair.

Being incarcerated makes me indigent. That means I do not have money to do a proper investigation and hire adequate legal Counsel, where the Crown has unlimited resources and materials at their disposal including an RCMP police force.

At this time, a few law students and lawyers asked me for copies of my transcripts, legal pleadings, and after making and sending out copies, I realized that this was getting expensive for me. I needed to find a better way to do this.

Diana Gabaldon, author and New York Times Bestseller of the _Outlander_ series came in and put a spark in my mind to write my story and get it out. I realized that if it was a free e-Book that people could download, it would save me time and money. After the information on my predicament is out there, I could then write other stories to raise the needed funds for my appeals and to pay Counsel.

At this time, I am taking Creative Writing with the Fraser Valley Writing School hosted by Mr. Ed Griffin, author of several books. Ed supported my ideas of an _Overlooked_ series.

I started to gather all my notes and organize them into a legal textbook edition called _Overlooked_. This major project I planned to be a complimentary (free) download for anyone to hear my alibi, read legal arguments, exclusionary letters received, and learns about my terror-stricken ordeal.

Why did the Harper Government give directions to the courts to ignore these written arguments that the court should have taken seriously?

July 12, 2010, I sent a new complaint to the Chief Justice of BC in Vancouver.

The Chief Justice did not respond to me.

September 13, 2010, I was feeling prejudiced, my appeal on Length of Sentence are underway without allowing me access to my case materials and not being allowed Legal Aid Counsel. But on the record, the Appeal Court admitted in chambers that they had my Chief Justice complaint today; still I have had no access to the other boxes of legal files and am still denied an in cell computer system. I asked for this, again claiming prejudice and unfairness.

The Chief Justice complaint and notice included motions on Ineffective Assistance of Trial Counsel, which I had added because my trial Counsel did not do their job properly.

I assumed all my court application were filed as the court made no mention of them being dismissed, denied, nor ignored. I asked for a computer system. No answer from the justices.

Distressed, I asked the court for fairness, but these frustrating, prejudiced, and unjust appeal court judges all refused to give me a hearing with the required and needed materials to make it fair. This has an appearance of unfairness by the courts and Canadian public. This court was in disrepute.

Why make this look unfair in the eye s of the public by refusing me these simple things unless they do not want me to succeed. I understand that my trial Counsel are both judges but that should not matter.

I felt that I was beating a dead horse.

Again, I know I am repeating myself over and over. I do for any law students that wish to look at what I filed in the courts and asked for countless times.

The Chief Justice should eventually read my applications, address this injustice, and help me in re opening my case. So, I wait.

Crown claimed and jumped in with the fact that according to my DNA evidence, Charles was excluded as a contributor, according to my own experts' analysis.

Did they realize that these same experts excluded me too?

This delighted me as the Crown was admitting to accepting the analysis of my two experts. So, the Crown must be admitting to the second part of the analysis. That being Both Dr. Dean Hildebrand and Dr. Donald Riley excluding me as a suspect as well.

It only seems fair that when you seem to accept results of these DNA experts in chambers, and further start to comment on the evidence that Charles was excluded on September 13, 2010, you therefore have to accept all of the scientific evidence by these experts, including the elimination of the only convicted person, me.

The BC Court of Appeal agreed that I raised questions of some technical, legal complexity, and national importance because the learned court was made aware of the Crowns ineffective assistance at trial, appeal, and now DNA exclusion of me, the only convicted suspect.

I pointed out that Crown Prosecutor Mr. Frank Dubenski openly admitted to coercing a child witness with his "gift" of a computer system to her by RCMP Cst. Rupa, and only her, in his quoted chambers, "Stephanie will do and say whatever I tell her to..." which clearly breached the rules of ethics warranting sanctions; this lawyer should not be immune to a bad faith conduct reprimand and or from disbarment.

Is he reprimanded?

Nope.

The Ford Explorer, I drove, was witnessed by many people in the community viewing the videotape arriving at the Duncan Payless at 6:32:55 a.m. This includes, but not limited to: Jennifer, Dean, Helen, Cathy, Duncan, Tony, Tylan, Tyson, Leona, and Wayne.

These witnesses have come forward, some 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 Counsel.

Given I was indigent, I asked the courts for funded representation but my motion was prejudicially ignored. I explained to Legal Aid many times to get funding based upon two DNA experts that have excluded my profile but I was denied Counsel assistance by them. I thought this was cruel for them to do.

Here I had DNA proof of innocence, and exclusion by two experts, and our legal system was failing me, a person proven wrongfully convicted and detained, indigent without income.

I wrote to Legal Aid 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 Court denied to accept fresh DNA evidence, address any of my Charter violations and complaints of an unfair appeal and trial. They rules I must go to the SCC with new exculpatory evidence, but do admit I still have an appeal on Length of Sentence.

September 28, 2010, UBC Innocence Project assigned Counsel to review my wrongful conviction file. Mr. Stephen Kelliher said he would interview me at a later date, after he reviewed the material he had received.

Therefore, I worked on my own appeal on Length of Sentence, made copies, and send them to the British Columbia Court of Appeals.

December 23, 2010, court registry stamped my Appeal on Length of Sentence they had received.

About this time, I learned from UBC Innocence Project that Stephen Kelliher had said that no wrongdoing occurred in my case. With that recommendation, UBC declined my case for Ministerial Review.

Again, a troubled feeling of helplessness washed over me.

February 1, 2011, case transcripts arrived that I had to pay on my own without Legal Aid funding. Then I was informed by Legal Aid that new Counsel for my Appeal on Length of Sentence had been assigned.

At last, a ray of hope.

Funny that I had not re applied for this again. Therefore, I wrote back and stated my position, and wanting to be there in person for court, and if not, they need not help me or assign Counsel.

February 4, interviewed with the Correctional Investigator about denied access to my case files in a third level grievance. I explained my circumstance and the investigator informed me (as a personal favour) that my name would be referred to a friend of hers at the University of Ottawa legal department for review.

I continued selling 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. I acquired enough money to order most of my transcripts, buy the materials for a court application, and make all the required court and Crown copies of all my paperwork.

It took two weeks to get files out from CSC A&D. Deliberate Obstruction of Justice, but I got them out to my new Counsel.

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 at court. I was angry and shocked at this. I did not want this lawyer if I am not allowed to be present for my own appeals. Frustration again at being talked down to, I wrote to the court and the lawyers telling them that as my right, I wanted to be present for my appeal.

August 5, 2011, I received a letter to acknowledge receipt of my application for Leave to Appeal for British Columbia from Pascal Leblanc, Registry Officer for the Supreme Court of Canada.

I informed AIDWYC and then Counsel Philip Campbell, a lawyer associated with AIDWYC that had graciously expressed an interest in my case.

Mr. Campbell told me he would send a letter to the SCC to inform them that he agreed to act as my Counsel. I am hoping the court will grant my Counsel requested motion because Legal Aid has refused me twice.

Then I called the BC Court of Appeal to inform them that if I was not present for my hearing, then my Counsel assigned by Legal Aid would be fired.

Now, I have to wait although I had applied previously on this matter. I wanted to be present and have my appeal on Length of Sentence dealt with swiftly.

Frustrated, I called Edelmann & Co. and asked for all my court transcripts, and all the material I sent them, to be returned to me.

September 16, 2011, Jennifer Godwin Ellis at Edelmann & Co. sent me my trial documents. I made copies for the SCC application. I sent a reply back to them stating again, that for my Appeal on Length of Sentence, I wished to attend in person.

September 30, 2011, I got a letter from Philip Campbell at the law firm: Lockyer Campbell Posner, and was informed that Counsel Julie Santarossa had agreed to help him and me in my wrongful incarceration application to the SCC.

I waited.

And wait.

And waited some more.

November 22, 2011, Crown Kenneth Madsen sent me a letter my IPO gave me without an envelope, one that was already opened by her.

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

Before walking away, I asked where the CD ROM was that Crown sent me and she pulls it out of her pocket and reluctantly handed to me.

That was theft and tampering with Federal mail by opening private and privileged mail without a search warrant. Did she make copies?

I believe that had I not asked about the CD ROM, she would have kept it.

Just another slap in my face by Crown. I have been asking for a computer for years now, Crown knew I had no access to one that read court documents and again flouting their superiority by sending me a burned CD ROM. One I could not access or view privately on the inmate computer systems.

This is clearly unfair in my eyes. It was as if they are deliberately rubbing salt into this wound.

The Crown is allowed to make and burn CD ROMs and DVDs and send them to me, yet I am not allowed the same courtesy to reply in the same kind and format, a burned disc.

Am I wrong in asking fairness?

Without a computer, I cannot access provided discs.

Doing what most inmates in here do, I take a shower and use the back of the disc as a shaving mirror. What other use can it be? This is also because the mirrors in the showers here have been removed by CSC staff. Shaving becomes problematic and despite rumours to the contrary by our government, personal hygiene is popular even inside these walls.

I thought Crown was obligated to supply the same services and materials that was readily available in the community to all prisoners who wished them and who can pay for them.

A week ago, I remember showing a twenty-five year old prisoner who had been in prison since he was eighteen (seven years) how to load paper into the printer and turn on the computer.

Is this not sad?

A person was about to be 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 to purchase and have our own in cell computer systems.

Now, I was still short on money to order the following transcripts:

January 12, 2008 Victoria Court of Appeals CA033639

September 13, 2010 Vancouver Court of Appeals CA033639

Now I have not gotten any CD transcripts... I still had work to do.

February 2, 2012, Groundhog Day today, a sad day for me.

I received a judgement from the Supreme Court of Canada, and without proper Counsel Representation, I lost the opportunity for my Leave to Appeal in the SCC.

So, in summary: I am continuously denied the opportunity for Legal Aid funding and my choice of Counsel. When I asked the Supreme Court of Canada for this, I was ignored.

This has an appearance of prejudice! Without Counsel, I have no hope in getting my appeal heard in the courts.

Without funding, I was told by Counsel, I would need $240,000.00 for the retainer and about the same for court. Money, I do not have.

Mr. Philip Campbell, out of Toronto offered to do my appeals only if funding was granted. Yet I was denied this basic right of adequate legal representation of Counsel. He sent letters to the court Registrar offering his assistance in my grave matter.

The court Registrar sent back his letters of assistance, and furthermore, refused to allow my arguments to be presented in the Supreme Court of Canada.

Now my Leave to Appeal was denied.

I was only a chef!

And I was not trained in this sort of thing, I needed Counsel that was.

Frustration 1 0 1.

Do you see how vexatious my appeals have been?

This decision was crap.

The court agreed with me on the first motion, the Length of Time, but refused to allow me adequate Counsel representation, or to look at the exculpatory DNA exclusion evidence.

What a mockery our Canadian justice system is.

This process needs a complete overhaul to purge those incompetent judges and court Registrars from our judicial system.

Those who have the power and authority, but are afraid to use it to correct an obvious wrong, should be fired.

I can see that those who are indigent and wrongfully incarcerated are made to suffer more injustice and unfairness by being detained further.

February 8, 2012, I had a short telephone interview with Matthew Gauk, a reporter for the infamous Nanaimo Daily News. He barely asked me any questions, and I learned he did not interview the DNA experts Dr. Dean Hildebrand and Dr. Donald Riley. Clearly, another whitewashing reporter.

When questioned, he had ho comment on the pending charges on Charles either. I think that it was because he was an apprentice pawn for Mr. Paul Walton, someone who prints whitewashed fabrications to fit the Crown's case to mislead the public and for the RCMP to close a file.

In this new article, Matthew Gauk clearly misleads the public on certain things, six of the main points are as follows:

  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 at the time, actually that was how old I was at the time of his interview, eight years after being arrested.

  2. Walton and Gauk both said, "He said he was at Tim Hortons." That was clearly proven false and misleading as I had not once said this, nor taken the stand. The RCMP interview transcripts with Jennifer clearly proved this was misleading, biased, and was corrected during trial. Jennifer later claimed she lied to the police and she committed perjury during cross examination.

  3. The fact that Jennifer twice attested to the RCMP that I was at home with her at 6:00 a.m., was not reported in the newspapers as this was contrary to the Crowns theory.

  4. DNA found, of mixed origin, did not match Kelvin Purdy's profile but another male and another unknown female profile was also discovered. The fact that two experts excluded my profile was huge. Why not report on this?

  5. Stephanie, my daughter, identified a knife sheath at Charles residence, under his chesterfield, on a court breached sleep over at his place, while I was living at Brickyard.

  6. Slanderous comments on breaches of court orders where no charges or comments of breaches were made. This was clearly false accusations made by the reporters themselves.

February 9, 2012, I had a visit from AIDWYC, Win Wahrer, came in at Pacific from Toronto and we had a nice chat. She agreed to review my case now that the SCC had refused to hear me.

I informed her that my case files were being arranged to be shipped to Counsel Julie Santarossa for review. As she works with AIDWYC and will help Mr. Campbell with the review.

Overall, the visit was very enlightening and I felt awash with relief at finally speaking to someone, face to face.

February 23, 2012, another birthday for me. No letters from my children, and I was now forty-four (44) today. I was sad, angry, upset, and tearful that I cannot be with my family.

I decided to work on some of my future business plans and get a draft copy out to my Uncle Duncan. It was a bit of a project doing this, but it helps my mind relax a little bit from constantly working on all my own appeals these past years.

February 28, 2012, Crown sent me some disclosure or someone from the Nanaimo RCMP, I could not tell. In the correspondence, I learned that Charles was now going to trial as he was once again in trouble with the law. His British Columbia, Nanaimo Court File: **73618.1 K** , indicates that he was up on charges for **CCC 267(b)** , assault causing bodily harm, all stemming from another spousal assault incident that occurred on June 27, 2011.

From what family tells me, it appears that he beat the crap out of his girlfriend but she got away, her brother called 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 do it again and again, and he has.

It was like clockwork for Charles, and I was glad that she got away. I just wished my ex wife could have gotten away too.

Does Mr. Paul Walton or Matthew Gauk report on this turn of events?

Nope, not one little bit.

Instead, after I lose my appeal in the SCC, with DNA proof of my innocence, another article appears in the supermarket tabloid by Mr. Paul Walton.

Of course, Mr. Walton was once again misleading the public by omitting critical defence evidence raised during cross examination (by walking out of my 2005 trial sham with Cst. Rupa during the defence arguments). Also, he put his own biased slant to puff himself up and reinforce all his other cheap ranting in his article.

Critics of my view will defend Mr. Paul Walton, which is OK. There are always small brained people and assholes (excuse my French, or is it Spanish?) in this world that have petty sides.

A well argued case, with the opposing view, was and is always welcome.

Reading his biased article by Paul Walton, "Jury Decision the right one" the Nanaimo Daily News, Monday March 19, 2012.

Mr. Walton summarizes the Crown's circumstantial position almost verbatim; with all his biased articles and views.

I only hope to show that these arguments are flawed and that my arguments, to the contrary, have greater weight, truth, and substance.

The Nanaimo Daily News still will not print my side of events, even after several interviews. Applications to the courts have denied me the opportunity to take the stand and get my side on the record. I do not think this is fair, but Mr. Walton does.

You, my reader, after researching (check out Google or the newspaper archives) and reading his wordy and colourful fairytales, can only wonder, where had the once neutral reporting gone that could make a difference?

Why not write the truth?

Write about transcript proven perjury in my case, and the fact that there is DNA exclusionary evidence from not one but two prominent DNA experts that clearly exclude me.

That would increase readers, in any newspaper. Don't sales matter?

Furthermore, write about the experts pointing towards not one, but two unknown males and one unknown female profiles. Why are they?

Yes, Mr. Walton did cover the trial. He seemed to leave all the time and only seems to keep regurgitating earlier court proven perjury and 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, the pick up at the airport by Susan Wishart, now a judge, during my trial, all for him to be called as he expected to testify at my trial. Why pay this expert to fly in to testify when he does not? Is that not misappropriation of Legal Aid funds by my past Counsel?

Why was Dr. Riley's existence kept secret from me and the court? Especially since Dr. Riley scientifically excluded my DNA profile from all the RMCP evidence. Why do the public, Crown, the court, and jury not needed to know this crucial fact?

Where are the newspaper articles about my Counsel Susan Wishart and Mayland McKimm being promoted to judges? This after their deliberate suppression of a DNA witness, and them knowing that I was scientifically excluded before, during, and after my trial.

No, Mr. Walton did not write about this unfairness and reward process.

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 other people were scientifically excluded. It seems some experts only want to please the Crown and RCMP by regurgitating false and misleading information. DNA is precise, it either matches or it does not, there is no partial matching with a scientific analysis. Their own cracker-jack DNA expert credentials should be stripped from them forthwith and never to testify again as an expert witness.

DNA does not lie.

Nor do the black and white transcripts.

How many wrongful convictions have occurred because of the police not DNA testing alternative suspects for a possible DNA match?

From what I have read in the newspapers, many overturned convictions these days could have been resolved earlier with impartial police investigations and DNA testing and elimination.

I do not know whether the killer was one of Denise's past RCMP boyfriends, or her ex, all I know was Denise dated a few people when I was living and working in Pemberton and Whistler from 2001 to 2002, including RCMP, who I assumed were living in Nanaimo at the time.

Now, 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 when I moved back to Nanaimo (that threat came true). I do personally remember several instances when I came fro 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 was that the police always favoured her when I went to the police station and complained about her blatant court order breaches. When I complained about Charles abducting my daughter on a court-scheduled visit, the police ignored me, and the welfare of my daughters, and when the court judge ruled, he clearly favoured Denise in chambers when he reduced my parental rights without just cause.

Stranger still was the fact that the Nanaimo RCMP had a warrant for my arrest dated December 11, 2003. A full day before the murder, this was suspicious and planned in advance my eyes. It was signed by a justice at the onset of their investigation. This was all before doing basic interviews with me, all the witnesses, or even family, to see whether I had a solid alibi.

Then once the RMCP discovered I had a solid alibi, a Payless Video Surveillance, my alibi portion disappeared after being viewed by the lead investigator who told the court what was on the missing part, me getting a newspaper.

Why was this?

I did not match the suspect description told by witnesses and the vehicles Jennifer and I owned did not match the suspected vehicle see leaving the crime scene by those same witnesses.

Stranger still was that an RCMP officer claimed, during follow-up, that the vehicle leaving was identified as a Nanaimo RCMP member's vehicle and immediately excluded. Why? Why would an RCMP member(s) vehicle be suddenly leaving in a rush from a murder scene before the 911 calls and dispatch?

Was this a planned and deliberate cover-up by the Nanaimo RCMP by one of their own?

My alibi and proof of innocence: Jennifer saw me and told the police twice that I was in Duncan with her at **6:00 a.m.** The blue Explorer vehicle I was driving is clearly seen arriving at the Payless Gas Station in Duncan at **6:32:55 a.m**. That is innocence, being in another city and on video surveillance!

I am still waiting for crown to disclose to me all the disciplinary records of all officers that were involved in my case, especially to see whether any were alleged to be involved in theft, altering records, reprimanded, or investigated in related matters or other wrongful convictions.

Discouraged but hopeful, I wait to this day to receive this disclosure from Crown and RCMP on this matter.

How many Nanaimo officers have been reprimanded or investigated for items going missing from their evidence lockers?

I still do not know.

All I do know is that my $2036.00 has gone missing, and I still have not received any of my personal items taken from me or my apartment since my arrest. But every Counsel I have had has told me that they would look into getting me my things back.

Many of the same officers involved in my case have in fact. Just looking at wrongful convictions like Mr. Jim Driskell: 1991, convicted and sentenced to life, and yet DNA eliminated him as suspect at the crime scene. Fresh investigation 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. A 1993 police internal review was ordered to be made public. Then, March 3, 2005, Minister Irwin Cotler squashed his first degree murder conviction; Crown filed a stay of proceedings terminating his prosecution.

_Why can I not get information about police misconduct in my case_?

For that matter, Mr. Robert Baltovich: 1990, convicted and sentenced to life but after a **s.696.1** application, bail was granted, In March 2000, new evidence suggested that Baltovich was innocent and that the real perpetrator was Paul Bernardo.

What was crucial and relevant in my case was that many of these same Nanaimo RCMP officers were involved in "tunnel vision" and police misconduct in anther wrongful conviction case: the Scott Mercer 2003 conviction that was overturned.

This wrongful conviction happened all because of the same faulty and shoddy Nanaimo RMCP investigation team, which involved many of the same RCMP investigators, did not wear the required protective gear, and they did not investigate alternative suspects. Just like in my case.

The Crown continues to deny me, the defence, full discovery and testing of all materials and DNA samples from their officers, denies disclosure of RCMP disciplinary files, and full proper access to all case files and materials held by CSC, and refuses me my computer system, which denies me the opportunity to make full answer and defence.

An appearance of unfairness has been proven, and the courts have all been informed of this injustice, but still their continued actions prove that they conspire to suppress the innocent with a wrongful conviction and deny truth. In the eyes of the public, it puts the administration of justice into disrepute.

Members of the public, and the present Conservative Government, strongly agree with me that there should be tougher and harsher punishments for anyone regarding violence against women.

As 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 discover by Crown and RCMP, denied computer access, denied case files, and denied the assistance of my choice of legal Counsel, it all shows that I did not have a fair trial.

The Supreme Court of Canada had the power to direct an acquittal, as the new DNA evidence demonstrated that a continued verdict of guild would be unreasonable having regard to all of the circumstances.

Why did they not act?

I believe that they refused my Leave to Appeal only because they are clearly protecting their newest appointed judges, my past Counsel, Mayland McKimm and Susan Wishart. Plus, many people have made it their career and rise based upon my conviction and continued wrongful incarceration.

The new exclusionary evidence presented by Dr. Dean Hildebrand and Dr. Donald Riley, taken at its highest, demonstrated innocence, and the only reasonable basis to conclude was that an injustice likely occurred and therefore showed merit in my case.

From what I have read in reputable newspapers, society does not commit or tolerate injustices by false facts, especially RCMP falsifying evidence (Jennifer's DNA profile sample miss labelled a blood smear); trial Counsel suppressing DNA exculpatory evidence excluding their client; appearance of ineffective trial Counsel; RCMP deliberate tampering of evidence (loss and deletion of Duncan Payless video surveillance evidence alibi portions); witnesses admitting to perjury; RCMP members cross contaminating evidence; RCMP tunnel vision; suspect being denied discovery and adequate Counsel representation which I had been denied in many of my appeals including the SCC.

In court, Cst. Sorab Rupa admitted that I bought a newspaper and coffee. Therefore, Cst. Rupa clearly had more knowledge than what was supplied tot eh defence, court, or on the altered surveillance video tapes. Cst. Rupa knew, and confirmed on record that I got a newspaper at the Duncan Payless Gas Station. That portion was mysteriously, and I believe deliberately, deleted by him from the videotape.

How does Mr. Walton, a newspaper tabloid reporter, explain the fact of me being in Duncan within minutes of a crime in North Nanaimo?

He cannot.

This videotaped evidence has created an even bigger problem for the Crown. It clearly shows me and our Ford Explorer vehicle, arriving at **6:32:58 a.m.** at the Duncan Payless Gas Station.

I clearly could not have been in Nanaimo at the time in question because with the distance from the murder in North Nanaimo, being an hour drive away, and the incident occurring at **6:21 a.m.,** math shows that only twelve minutes passed and no possible way (except time-travel) that it could have been me.

Therefore, to get a conviction, the RCMP had to delete this video segment to remove my only solid proof of innocence when they learned of it from me at my bail hearing.

In response to further Crown disclosure, being material dated August 29, 2011: It appears there is a documented and recurring pattern of abuse toward woman by Charles. His latest victim has charged him with bodily harm contrary to section 267(b) of the Criminal Code.

The search by Cst. Jansen, proved beyond a shadow of a doubt that Nanaimo RCMP have deliberately deleted and altered their records of all of Charles's past abuses, police interviews, assaults, including those records that were disclosed to the defence indicating abuse and assault in the form of choking Dianna, before he became involved with my ex.

"Cst. JANSEN queried PANET on the Canadian Police Information Center which was negative. No criminal record for PANET and no previous occurrences of violence noted on PRIME."

This sadly shows a recurring occurrence of spousal abuse by Mr. Panet registered also in the Nanaimo Law Courts, file number: **73618.1 K**.

With these new allegations against Mr. Panet, does this not open the door for the possibility that if the jury had known this, they may have made an alternative decision and at the least, requested that this person by DNA tested for scientific elimination in a murder trial before convicting an ex based upon circumstantial evidence?

I feel like I have been regurgitated the same facts and issues.

Some people have asked me to read the points I tried to make to the Supreme Court of Canada. They are what some may describe as technical and legalistic.

The defence was required to raise a reasonable doubt and the identity raised reasonable doubt at the time of the offence.

How can the Crown disbelieve the accused version of events... especially when the accused still has not had the opportunity to present his version of events under oath?

This is why I wrote this book.

Still to this day, I am not allowed to take the stand and tell my side.

Where are the transcripts of the accused?

The Crown must have used these to make this latest statement.

Being denied the opportunity to attend my own appeal hearings made my case unfair and clearly proved I still was not allowed to present my views to the court and Crown.

I applied several times under **s.688** of the Criminal Code of Canada, to attend in person. I was in custody since December 12, 2003, and desired to be present at all hearings and all appeals. I was not allowed this right.

The court and the justices being: Madam Justice Garson, Madam Justice A. MacKenzie, and Honourable Mr. Justice Harris, clearly were prejudiced when they ignored my requests for physical attendance, a computer system, and court ordered legal materials (case files).

Again, I wanted to take the stand during my trial but was denied the opportunity by my Counsel. I was denied the opportunity to sit with my Counsel during my trial; instead, I was chained, manacled, and presumed guilty during the entire witch-hunt, tunnel-vision, and whitewashed trial.

For the prosecution to claim this case has no merit, and a lack of exhaustive remedy, is insufferably galling. These issues had been addressed in the BC Court of Appeals, which claimed "Jurisdiction" and has proven time and time again, to ignore the requests by myself, the Applicant, which clearly puts the administration of justice into disrepute.

The court routinely accepts doctor assessments, psychological reports, CSC behaviour reports during detention, and other expertise to determine a just sentence based on all the evidence.

Thus, new evidence can be presented at any point in a trial or appeal especially in the BC Court of Appeal, even before or during a sentencing hearing and the court was duty bound to accept and consider all the evidence. Refusing to do this in my case was clearly unfair and unjust, especially when the DNA evidence was strong exculpatory in nature.

It is akin to plucking a person's eyes out and condemning them because they cannot see. I, the petitioner have always sought swift and effective administration of justice.

Now it has consistently been the misconduct of state, and the courts, under the colour of law, which has frustrated and deliberately prolonged this 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.

I want to point out exclusion DNA evidence of every wrongful conviction case that has been overturned, countless reviews, and yet again DNA exclusion was before the Canadian courts but ignored. This makes it not a General issue to all Canadians but really, one of National Importance. Why have DNA exclusion laws if they are not enforced?

If the law needs to be clear, then make a simple DNA law and a simple motion application and process to fast track the exoneration of a person that has been DNA excluded by a DNA expert.

Furthermore, the BC Court of Appeals had agreed with me (2010 BCCA 413) that whether this suppression and exclusion was true, as indicated by the letters of Dr. Donald Riley and Dr. Dean Hildebrand, it clearly raises some complex legal questions that can only be addressed in the Supreme Court of Canada.

Why was I denied a hearing in the Supreme Court of Canada when the BC Court of Appeals ruled on this?

If the courts are going to change the venue, then I should have been allowed the right to attend and be heard in the new venue.

Now, with my two trial Counsel now judges, and their judgements and decisions to suppress evidence in my trial, and possibly other trials, affect the lives of everyday Canadians. It substantially raises questions of their professional conduct and I believe that the Attorney General or the Minister of Justice, should deal with this swiftly with an Administrative Review.

I have written their offices to look into these grave matters that affect us all. Would you feel these judges were acting fair, and for my benefit, after reading and learning about this? Let me know.

Not I.

I believe an error in Law, and of professional conduct, has been called into question.

Prosecutors, and my own trial Counsel, deliberately suppressed evidence by failing to disclose to me all the contents of their investigations.

Specifically, the DNA exclusion of myself, Kelvin Kingsbury Purdy by Dr. Donald Riley, Ph.D. The identities and DNA profiles of all personnel that attended the Nanaimo crime scene on December 12, 2003. And DNA profiles on all who was in the secure bay in Duncan on December 12, 2003, and December 13, 2003.

With respect to disclosure of police disciplinary records by Crown, the issue was canvassed at trial and still is. It was the simple fact of the Crown refusing FULL DISCLOSURE to me. Crown has continually refused to submit crucial RCMP files and DNA profiles of their members to the defence.

Why not disclose everything to the defence?

I, the defence, have shown the BC Appeal Court many times photographic evidence taken by the Nanaimo Daily News photographer 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 while another officer squatted in the grass. Both could have left their DNA behind as the unknown male and unknown female in the mix by cross contamination.

Only Cst. Turton admitted that she entered the vehicle without changing her clothing and sat and rummaged around the passenger side of the vehicle and did not find anything until she slid out and searched from the back where she found a stain that I believe she had left behind.

The fact that Cst. Turton's bloody shoes and pant legs could have easily brushed against the passenger dash and left a smear. This would logically account for the unknown female DNA in the vehicle and my DNA not being present in those samples. If she left the smear, therefore she also left her DNA behind and that could only be proven when she is DNA tested for scientific elimination.

Being denied discovery, and further DNA testing of items held by the police and Crown is suppressing key first party evidence that has been requested. It is not fair that I was and am not allowed full answer and defence according to the _R. v. Askov, 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.

This 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, or searching without a warrant and upon finding something "fruitful," only then obtaining the required search warrant to make their collection of evidence by "tunnel vision" and entirely circumstantial case plausible and accepted.

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, who still has not been fully investigated. The fact that he was not stripped searched, his knives, and vehicle were not searched, DNA tested, and photographed to date prove more police incompetence.

Without a computer system, I am still not able to view, read, watch, listen, or make copies for court and Crown. This 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 required programmes myself. Was it wrong to ask to be treated fairly, be presumed innocent during my trial and appeal, and to have tools and materials the general public has?

With professional and ethical errors of Crown an defence Counsel, being denied further discovery of key items withheld by Crown and RCMP (Jennifer's profile sample), and withheld case materials by CSC and Crown, further deny my ability to make full answer and defence.

I strongly believe that any items and court materials inmates are allowed to purchase, and use in their cell, while incarcerated in any institution, they should be allowed to retain and use these items in any cell and any institution, when they are transferred from one institution to another, either Provincial and Federal, and to and from either.

This does not happen though.

The Commissioner Directives should be rewritten to accommodate this and correct the unfair practices that are overlooked all too often. Items allowed at a Provincial Institution should not pose any threat to security and persons in a Federal Institution and vice versa. There should be a standard National cell effects for all Federal and Provincial inmates that include a computer system with allowed DVD burner and scanner for those doing their own trials, appeals, and furthering their education.

I am shocked completely with our alleged fair justice legal system. It is only fair to those in authority and whether you have money.

When I called AIDWYC, they inform me that they received my case files. A light at the end of this dark tunnel. They agree to review my case but inform me the process could take a few years... maybe ten.

Nothing moves fast without money.

Clearly, I needed to make some while incarcerated. Money talks. It is needed for Private Investigations, DNA testing, pay for adequate lawyers, media advertisements to educate the public and force an outcry to reopen my decided case.

I had anticipated giving AIDWYC everything anyways and eventually after them reviewing my case for a positive decision and a Ministerial Review application being done by them.

April 25, 2012, finished the High Intensity Programme, graduation today. Not much to say except that my feelings are, "In the Green."

Every day, I am happy, upbeat, and optimistic that one day I will get out. I 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.

There is no time like the present to do the right thing.

Taking a deep breath, I look at the practical side, realize I may sit inside until past my parole dates as I will never admit to something I did not do just to get parole, an unfair catch-22 dilemma.

For that matter, I think parole eligibility is wrong. The word "eligibility" should be taken out because if a learned judge rules on a date for person to have parole, then they should be given parole on that date.

It would save a lot of time and tax money with our parole system and justice system to have this changed.

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.

Dismayed, I realized that Counsel assigned by Legal Aid was not going to help me, as he did not interview me prior to filing any of their papers with the court.

May 23, 2012, letter arrived from Peter Edelmann, as he was assigned to me without my consent by Legal Aid after I was granted Counsel for Length of Sentence arguments and I had told them that I had Mr. Philip Campbell and Julie Santarossa as my Counsel because they had all my case files.

June 6, 2012, denied attending my own appeal in Vancouver after making it clear that if I was not present, I did not want Counsel representation of Edelmann & Co.

I have lost all trust in the Canadian legal system.

Trust is a two-way street. For prisoners, if an person can learn trust in here, they may be able to trust the Parole services, professionals, and trust in themselves, all resulting in not coming back into jail.

Again, I was denied my choice of Counsel by Legal Aid.

Frustrating to say the least.

I felt mistreated. I asked, but was not allowed to be present for my appeals. I told the Registrar that I wanted to be present for this. I also told the Counsel that if I was not, I do not need them and that they were fired. Counsel and the court still had the gall to ignore my s **.688** motion application and wishes **,** as it all fell on unfair deft ears.

The bottom line: in Canada, you no longer have the opportunity to attend your own court in person pursuant to **s.688** C.C.C.

Why have rules, if the courts and Counsel do not follow them?

Prejudice by the BC Appeal Court in my case, **CA033639**.

I am angry and upset over the unfairness of all my appeals and trial.

Who would not be?

June 15, 2012, a happy mail surprise. I received a letter and card from my children, Stephanie and Kimberly, in the form of a Father's day card with new photos of them. They sure have grown these last few years into beautiful daughters, just like their mother.

Going outside, I noticed the birds chirping among the leaves around the chapel doors. I visited the chaplain and showed my children's photos, and told about my motion to lift the no contact order imposed on my unfairly by the courts.

Being part of my treatment team, I asked for support for ETAs (Escorted Temporary Absences) so I could visit my Grandparents here in Abbotsford, and some ships for hobby and music supplies. I was told an e-Mail of support would be sent to my IPO (Institutional Parole Officer).

June 17, 2012, well it was back to work on my detailed release and re integration plans. I started with a name search and registration of a Sole Proprietorship: _SyFy Industries Canada_.

To sum up my new company, it is a future Bed and Breakfast, with manufacturing stained-glass, hanger rentals, prototyping, development, publishing (Kingsbury Press), and most importantly, private investigations.

Now, I can continue to work on creating a customer base and a stockpile of my artwork in the afternoons and evenings in the hobby shop.

Over the next few days, I work on a logo.

Samuel Johnson: _Great works are performed, not by strength, but perseverance._

August 10, 2012, Prisoner's Justice Day.

Hunger strike, I do not eat all day. Every year I fast on this date to remember those prisoners that have lost their lives behind bars.

With my one day fast over, I decided to continue fasting for a full ten days, to purge my system of impurities.

During this time, I tweaked my logo design and organized my diaries and notes for a legal textbook memoir.

September 6, 2012, today was day 3191... that was a lot of days wrongfully detained and also coincided with the amount of books I had read inside these walls that smelled like sweat, puke, body odour, feces, urine, overpowered by the smell of harsh and stale tobacco in the hallways of prison.

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 leaving the Pemberton hotel room where I was staying. I was on my way out the door and turned around as I had an urge to turn on the television.

The television flicked on and I saw that a Trade Centre tower was smoking. Reporters were telling of a plane that hit, then, another airplane came into view and it hit the second tower in a fire ball.

Shock, disbelief, and anger over the unprovoked attack on our brothers and sisters, and my family (I have many relatives living in different parts of the USA, including New York, NY).

I wanted to leave and go to the States to help, being an ex firefighter, I felt for their loss and frustration. I called down and arranged to go to work an hour later. I was sad, tearful over this turn of events for all my friends and family, in the United States.

At this point, I immediately changed my internet chat name. It was and I had been called "VAX911," I had created it because the first mainframe computer I ever used was called a VAX computer and I always went on-line from 9:00 p.m. to 11:00 p.m. So, this name became my sign-in identification "handle" since 1980.

After the terrorist attack, I felt it was not appropriate so I changed my handle to "LitttleNibble." This is the handle I have used ever since, including when I left Denise, and three months later when I met Jennifer.

September 12, 2012, Yep, everyday I do the same thing. I wake up around 6:00 a.m., shake off the feelings of sleep that cling to my body, turn up the television, and listen to the music channel for a little bit. I 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 seventy (70) square foot room and hurriedly, I slip on my plastic bone coloured slippers, which are a cool break between the cold cement floors and use the cold metal toilet to relieve myself.

I take off yesterday's underwear and socks and exchange them for a new pair but place them on my plastic grey chair. I slip on my blue bathrobe instead, wrapping it around me to keep the chill at bay.

A beep echoed 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 use a new one every month), I put a little squeeze of Crest 3D toothpaste on my brush, and for the next few minutes brush my teeth and assess and plan how this new day should unfold.

While brushing, I rub out the red dry erase numbers on my mirror above my sink, erasing the zero in 3190 and replaced it with a number 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 at $5.00 per person, it will deplete my funds to $28.10 and then $20.00 onto my phone card will make it $8.10 for stamps and envelopes to mail out.

Rumours are circulating that soon we will be further punished by the Conservative Government with a reduction in earning of 30%. They call it Room and Board, but it is clearly a money grab taken from those that do not even get paid the minimum hourly wage.

Clearly it is seen as a step backwards towards the darker ages, where government and CSC staff incited prisoners to riot with the appalling conditions and continued restrictions on prisoner lives, a regression for our Canadian legal system.

Maybe this is their plan?

Prisons are a money maker and a business.

Tories are Conservatives, which is the King's party.

Liberals like to change things...

They rather have their roles reversed these days, do they not?

This is a hot and sore topic... and change is coming.

It will get worse and worse for all prisoners until they have had enough and they have been pushed too far... don't say I did not warn anyone.

I charge $100.00 per foot for my stained-glass artwork and have told people that I will do this at half price. Just so long as I cover the costs of the materials. As I need contacts with money up front, I pray that my family can scrounge up some sales for my hobby items on line.

It does not help matters that I donate a lot of my stained-glass work to the local community. I need to find more ways to make money inside, and that may be through hobbies or writing. Thus, I work on my memoirs.

I am loathe to ask family for funds and feel bad when they happen to send me money and visit. I would rather see that they spend their hard earned money on themselves or give it to my needy indigent kids.

Writing could be my ticket to wealth.

I work more on my other stories and submit them to publishers but, those funds are hard to break into especially with the high calibre of writers vying for those same contracts. Without e-Mail, nor my own computer system, it makes it very difficult for prisoners to earn funds writing.

My goal, to get the $240,000.00 required as a retainer for Counsel to do a Ministerial Review application along with the $240,000.00 for court.

So, $480,000.00 in total... can anybody help me?

Ouch!

This book plan I am working on and feel confident with pursuing. I still do my hobbies, and that organizes my thoughts about future stories. In the mornings, I continue writing chapters for books for some sort of residual income for my family.

All in the hopes that a book, any book I write will go viral.

Doing what I tell people, " _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_."

I slip my bottle of Christmas Olay body wash that I purchased in to my robe. It doubles as soap, shampoo, and conditioner, as those I would have to pay for too.

Upset and thinking of the old no-contact order with my children.

Thankfully, my biological mom, Leona, has agreed to add her name as Guardian for the custody of my kids and that should make visits with them a reality soon, if granted. I can then write, and they will be able to visit me for some reconciliation.

But when will she do this?

The doors have not cracked yet, but they will, sometime after 7:00 a.m. but only when the count clears.

Minutes tick by and by.

My world is sometimes one without sleep, without love, and for years without companionship. I am waiting for some kind of magick (yes, with a k) occult to bring me the one destined by and for one another.

So, my search for true love has been distant; I have terrible luck in relationships but great luck with cards. It has moved me in full circle from tranquil, untroubled, gratified, contentment, tears, sorrow, anger, frustration, hopefulness, helplessness, and back to happiness.

I remembered that Denise, who I thought was my true love, turned out to be just a friend after ten years of marriage. With disappointment, we went our separate ways.

Again, we rarely argued, we did have some slight contretemps about our work, but found a way to compromise, and in the end, both of us made sure our kids had food, a roof over their heads, school supplies, and tucked in safe each evening.

Looking around my cell, I cast my eyes on the red cedar wooden medicine box and re live the hours spent cutting the planks by hand, sanding, shaping, and making planks from a block of red cedar wood. The gluing, drawing, wood burning, wood staining (not painting), and polishing to make a box 20" x 10" x 13" that rests beside my bed and acts as a table for my book at night. The two metal pewter hinges keep the lid in place and 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, ant colony, with the 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 on top of my medicine box.

Around the edges and inside I caved runes and Egyptian Hieroglyphs, a poem, "Raise yourself, you have not died; your life force will dwell with you forever."

Above the medicine box was 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, along with some lemon mint shooting vines. Some red suede string suspends an origami dove over this.

My Buddhist flags blow gently in the open window that I only close during rainfall and in the winter months. My yearly chapel calendar on the wall, tacked between my mirror and window marked in red dry erase marker, numbers counting the days I have been unfairly detained and separated from my family.

A social was marked for September 15, 2012. I have asked my Aunt Cathy and Uncle Duncan to attend, as they are always a welcome sight for my sore raccoon eyes. My fingers are crossed that BC Ferries are not delayed or stuck due to bad weather.

On my hard bed, I wrap the two sheets tight with a blanket, military style. Fluffed the pillow within the pillowcase, I made a few years ago, oxblood red with a pattern of a Snooker pool table, balls , and pool cues. I fold and place the other blanket at the foot of my bed. Thinking and realized that I missed playing pool at my Aunt Cathy's when she had the pool table.

Moments later, the metal doors buzz open. I go to the showers and minute's later, return refreshed. Then getting dressed into new underwear, jeans, a blue shirt, socks, and shoes. Before leaving my room, I put on some old spice deodorant (I do not like any other brands).

I go and get the Cars for Breakfast from the kitchen. I return and place a meal on each table setting, therefore it is served and waiting for everyone at each named chair.

Compared to other ranges, we are a lot more organized, we have put our names at our table spots, and nobody goes without breakfast if they do not get up.

Today, I get three small containers of jam, peanut butter, and butter; also, a bag of sugar and creamers to last me the next eight days. Breakfast consists of a muffin and some oatmeal with raisins.

Every day, two cells get the daily rations for the range. Sixteen cells per range and things seem to work smoothly with this arrangement. Nobody likes to have a licked knife dipped into the condiments, giving each their own eliminates this disgusting habit of some people.

I take the letters I wrote last evening and put them in the mail.

Coming back, I tidy up my desk; papers litter the top and drive me nuts. I like to have my desk semi organized.

Luckily, I have two metal shelves above the desk, stacked on the top, is my book collection and library books on loan.

Below is my current legal files, pencil crayons, my autoCAD 0.5 supplies (pencil case with rulers, pencils, pens, and calculator), empty envelopes, pre-addressed letters, extra stamps, my rotation of notes and loose-leaf paperwork that I sort each weekend.

At the far end of the desk, are a few hobby order books and blank ITF (Inmate Transfer of Funds) forms and Finance money requests.

Beside my desk, the door, a blue yoga mat, and some metal shelves packed with my clothes.

On the other side, at the foot of the bed, I have all my two (2) legal boxes on top, clothes are folded military style (even my socks are folded and rolled that way), and underwear folded. Shirts are all 6" x 6" squares and stacked nicely. Everything has its place, tidy.

I have a shelf for my canteen items and other for a Playstation one, which I also use as my CD player, it is hooked up to my 15" LCD TV.

A box of CDs, games, and court discs are ready on the bottom shelf. I have a box of three ringed binders on the floor that I use to put all letters, legal, photos, creative writing, schoolwork, hobby photos, and new ideas. When full, I will send it to my Grandparents.

To the left of the metal sliding door, chipped peach in colour is my corkboard. Four clear plastic page protectors (legal size) thumb tacked to the corkboard contain:

  1. Hobby Craft Permit and effects sheets;

  2. Copies for my two Oakley Rx glasses, one is 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, 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 of Fiction, the Dhammapada, a mixture of 3.5" discs for school, legal, M2/W2. Chapel, Songbooks, folders containing Book Club Group, Hobby Shop Group, Inmate Committee, Lifers Group, Creative Writing Group, plus my creative writing and written draft books pending publication and editing that I have printed and put on my shelf.

I seem to be involved in many groups.

On the wall, under the desk shelves are some photos of family, my incense and lighter permit, and a "Stop Harper" stop sign I made.

Beside my desk, is my CSC winter jacket with my name monogrammed on the collar, two white laundry bags (one for whites, the other colours).

The television is hanging on the hooks for my jacket, under is my chess set in a tube (two extra queens for playing Chinese chess), my plastic fan and a Babolat tennis racquet with some tubes of balls, water bottle (reused from a plastic pop bottle).

I put one and a half spoonfuls of Folgers coffee grounds into my black plastic coffee mug (I've had since pre trial at VIRCC for the last nine years). Then I pour in some boiling water and wait ten minutes for the grounds settle. Then I add some sugar and coffee mate creamer into the mix and stir.

Sipping my morning coffee, I wait to take the carts back.

8:00 a.m., "cart pushers," are called and I bring the cart back to the kitchen with my coffee mug. I return, although some days I go to the Native Brotherhood, AWC (Aboriginal Wellness Committee) grounds and chat with the elders there for an hour. Today, I return to my cell and ponder house cleaning.

There is a boot-camp that runs from 8:00 a.m. to 9:00 a.m. daily from Monday to Friday. I have asked to be put on the waiting list.

Soon, I will clean house again and send the rest of my legal stuff and personal stored effects out. I am patiently waiting a move to either William Head institution or Québec. Still, for either I need my IPO to do the Community Assessments for family.

I hope that will be completed later this year. Time will tell.

Now, 9:00 a.m., and the announcement, " _movement time, movement time_ ," a female squawked over the intercom (PA). I go downstairs and am patted down, with the officers looking at my discs and in my school binder for whatever they are searching for.

Off to school I go. Hopefully a seat and a computer will be available for me to use today. If not, I shrug, leave, and spend time drifting in the library. While in the library, I find some case files to read, look over the magazines and see whether any new book or magazine releases are out. I still have a few books left that I am reading in my room but it is always good to have a few more for those long lock-ups.

Success, only a few students in school today, so I get to use a computer.

Thinking of books, I decided to open and print off a copy of our Book Club and Critics Club books purchased over the past few years. Printing done, I pick up the page of newly updated list and file it in the orange marked folder with a pen attached with sinew. Now nobody can steal the pen when they use it to sign in at our meetings. Not that there are criminals in jail.

Again, back to typing my diary, stories, poems, and memoirs...

At 10:00 a.m., another movement time, I save my work, twice, on separate discs and also in the school computer under my assigned and approved school work file. With a premonition, I return to the unit, get patted down, and get ready for lunch routine.

Our new chaplain comes over to the range at 10:20 a.m. to see me. He apparently received a message he relays from Alexander Enza Uda at CBC Vancouver who was working on her Masters Thesis at UBC. She wants an interview, with cameras. I let the Chaplain know that I agree.

10:30 a.m. rolls around and everyone is paged back to our units. This is normally the time I come back from school, most days. Now, I head down to the kitchen and get the lunch cart. Same as breakfast, a routine and everyone gets a meal tray, just like a hospital tray, but with only a little bland food. I hear people complain about the food, or I should say, the small portions that seemed geared for a person that is a hundred pounds, not the averages of two hundred or three hundred pound prisoners here.

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_. At 11:15 a.m., I return the cart back to the kitchen.

We are locked up at 11:40 a.m., and stand for a count.

At 12:00 p.m. I switch to HGTV, _Holmes on Homes_. At the same time, I also watch Tennis on TSN, read a bit during the match and put down a book by R.E. Feist.

When 1:00 p.m. rolls around, we are normally unlocked and I continue to watch a little television, _How it's Made_ , until movement time is called. Normally, it is right away, but sometimes it takes a bit of time.

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 amongst the trees. Sporadically, coming back to perch on my shoulder, darting on and off for the rest of my slow walk among the oak trees and deep green grasses. I do not know what to make of this dream. I stare at a piece of grass as 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 for a ten minute window. Everything is on time today. Hoping, praying for computer access, I go back to school and get patted down again.

Normally, I would go do hobbies as I am a hobby shop mentor, but they are closed today and will be again tomorrow. Staff holidays are to be expected.

At school, a seat and I type and type without interruption today. Before long it is 3:30 p.m., my files are again saved twice and it is back to the unit for dinner meal routine. I detour and head to the kitchen and bring the meal cart back to the unit. Bring the meals upstairs on a metal cookie tray, sixteen (16) meals in total.

My IPO (Institutional Parole Officer) is waiting and chats with me for a bit. When done, I write down the gist of our conversation in my diary for review after count tonight.

At 4:00 p.m., the rest of the prisoners are called back to the unit and I return the carts, leaving those meals behind that were out. I then go to V&C (Visits and Correspondence) to make a pot of coffee for the M2/W2 Group meeting tonight from 6:00 p.m. to 8:00 p.m., after this, I return to the unit.

Then, mail is distributed and my name is on the list, a letter from my parents with a family update on the Purdy's.

We are locked up again at 4:40 p.m., for another stand to count.

I watch one of my favourite shows, that being _Ellen DeGeneres_ , and wish that someday my kids could be on the show at Christmas time. It would be nice to see them all receive some Christmas presents that I have been unable to provide them these past years of wrongful incarceration.

The show ends, and even though it made me happy, the music, dancing, interviews, and jokes, it is depressing to say the least, that is not being able to provide a birthday and Christmas present for my children.

Listening to some Baroque music from television, relaxes me. I then flipped on my silver Sony CD walkman player, put in my Celtic Women soundtrack. Now that would be a great concert to go and see one day with my family. I write a few letters.

I am looking forward to the new seasons of _Revenge, Once upon a time, Last Resort, Arrow, Copper, Vegas, Falling Skies, Glee,_ and _Covert Affairs._

6:00 p.m. we are unlocked, the Gym and Hobbies are closed tonight. No SPOs (Sports and Programs Officers). I normally will go and play tennis instead, tonight I go to V&C for the M2/W2 Group meeting. A lot of prisoners come to me and complain about this lack of recreation in the evenings. I tell them it will get worse as the evenings get darker earlier and the yard closing earlier and earlier.

Going around meeting and chatting with all the volunteers that attend, I walk and solicit funds for our group by a CAD (Current Account Disbursement) sheet for prisoners to sign over money. Some do, and with these funds, we can now purchase more coffee, cups, sugar, creamer, stir sticks, and other items that our group needs.

The meeting ends at 7:30 p.m. and we are stripped-searched and sent back to our respected units. On the way back, I drop off the CAD sheet for processing with the SPOs in the gym.

Soon, we will have no yard after supper. It will only get better when CSC gets more SPOs and keep the yard open until 9:00 p.m.

You can feel the tension mount with being denied yard. Fights are on the rise inside as prisoners are looking for a way to release their pent up frustrations.

I have no control over Security and Movements...

What can I do?

Prisoners look across the complex to Fraser Valley and Matsqui, and know that they have yard until 9:00 p.m. until they must go inside for final standing court at 10:15 p.m. I am told by them that it is not fair. I agree that they are right. Again, what can I do?

However, we at Pacific are denied evening yard time in the winter, and gym and hobbies are closed and alternated many of these days all year. With all the money CSC spends on improvements to the lighting outside over the past years, why can we not go outside?

Now CSC is building two more buildings here, another housing unit and a programmes building. This will bring the population up from around 430 to 530, more people that will complain about the lack of yard and SPOs.

Well, life goes on. I do not worry about the small things or what is written in my CSC reports. They are soon buried under other reports that are mostly false.

Normally, movement is called and I go outside for a walk in the main yard at 6:00 p.m. and I bring my tennis racquet with my, just in case someone wants to play tennis and I visit the Hobby shop during this time when it is open.

Another pat down, and out they all stream, like a herd of cattle.

Normally, I would be in hobbies again, working on some stained-glass work. Occasionally I help people fix and clean their items, like glasses, and other things that: p.m. stopped working. The SPOs allow me to try my hands at them until 8:00 p.m. I then go to the gym and workout for an hour of my exercise routine.

This was my second week at working out after a year long healing of my ankle. I can still remember hearing and feeling the crack when I landed on it previously, and still to this date, I am denied the opportunity for an X-Ray to see how badly it cracked.

Medical staff told me that if I wanted an X-Ray, I could pay for it myself. If my leg were broken, they would compensate me for it. No money now, I suffer without proper medical treatment as an indigent.

Luckily, one of the nurses took pity on me and gave me some crutches for a few weeks until I was able to move around without them. Then I got the use of a cane. It took a long time to heal.

When I get out, I promise myself to get my leg looked at with X-Ray, plus a full body CT scan.

If problems arise, I will have to sue CSC for compensation.

Tennis, I played a bit this year (five times) and would like to get into a better routine for this, mornings instead of school. If the weather is bed, I would 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.

I made a candy apple red and majestic purple stained-glass cross for our Chaplain as a going away present. I was told his contract expired, Pacific failed to renew it so, he took one that was offered to him at Matsqui Institution. Good for him.

Last week, I had a dream that told me the new Chaplain's name was Tom. I told our chapel clerk 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, the next one might be a chaplain Tom.

8:00 p.m. it was paged, "everyone back to their units," the yard was closing earlier and earlier each evening.

Being back at the unit, and I listened to some music on _the Voice,_ then switched to the _Dragon's Den,_ and wrote a few more notes for my memoirs.

9:00 p.m., the range barricades closed. At this time, I put on and turned up some _Lady GaGa_ music on my PlayStation One and played it through the television.

I washed my cell floor, made a pot of coffee with the unit coffee machine, and shared it with a few people on the range. I was asked about what kind of hobbies we have here at Pacific from a "new fish" (new inmates coming in) in the unit and I gave him a hobby permit application sheet and told him how to get it signed. I also explained some of the groups here and activities still offered at the gym.

Being bombarded for a bit by transfer requests by other inmates and parole board questions. I explained that I had no experienced answers for, as this was new for me too, and I was a Lifer. Still, the only advice I had was 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 expanding group of friends and friend-enemies. I would not have met many of the cool characters inside, as I was a law-abiding citizen and the only brush with the law was the odd speeding ticket in the late 80's and a 1987 Graduation house party noise bylaw infraction fine I paid.

Having a family, I kept below the speed limit and would drive friends mad when giving them a ride. I was patient and never in a rush to go anywhere as I left plenty of time to spare. When driving, I would let people pass and speed ahead of me.

There are many people I draw support and encouragement from, on both sides of the fence.

I continue to listen to some music and work on updating the M2/W2 list for the Christmas Dinner that was 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 scrape by, just in time.

As I put together an ITF (Inmate Transfer of Funds) for our supplies, I also start to think about supplies to order for my next Kona Glass, Tandy Leather, and Lee Valley. All to finish projects that had been dragging on these last few years. I needed money in my account, as hobbies are not cheap, and I had to pay for everything myself for court that hurt me financially.

So, I listed and priced everything on separate ITFs, and expected them all to be submitted when the funds were available.

10:15 p.m. and we are all locked in our cells and we have a final "stand-to" count. This is to make sure we are all alive and not dead before all the lights go out.

After count clears, the lights go out, I have my desk light on and sit back down.

To sort out my mind, and organize my memoir thoughts, I scrolled again through all my diaries and stared writing the important dates, and any notes I gleamed from them, to get a feeling of the timeline for the last few years of my incarceration.

Is it really the end of summer of 2012 already?

I daydream of seeing and being with my kids and family and all of us having a pig roast (plus fruit and vegetables for the vegetarians), when I am released. The fresh cut grass underfoot, crackling embers in a fire pit, glazed meat roasting, children playing, splashing in the pool, family conversations, smiles and happiness of being all together.

Without family teaching me patience, I would not be here, content and waiting for this miracle to happen.

Is anyone listening?

Yes, content. I have three meals a day, a roof over my head, I pay for cable and phone, am able to watch television, write, or read when locked up, and have time to organize my internal thoughts, dreams, and turn my created plans for the future into a basic reality.

Not many people can be given the time alone to accomplish this extensive life planning in their lives when raising a family and surviving day to day, pay check to pay check.

It feels good that most of my weekly writing is done. Each weekend, I write a poem about something... this week was about my eyeglasses.
Eyeglasses by Kelvin Purdy

Light radiating around the hazy Optometrist,

issuing these Rx Oakley Sculpt 4.0 eyeglasses.

Soundly sleeping in a hard black pill shaped piano hinged coffin,

a new path unfolds, as they are handed over.

Opening dreamily, a bed lined with black felt, light danced in,

warm, covered with a black micro-fibre cloth, slumbering.

Consisting of two crossed arms, triangle rubberized grips,

dreaming of gripping, hugging, above some warm ears.

Yearning nightly, to awaken and snugly, caress, to read,

on the bridge of a nose, with two needy clear silicone pads.

A pulse of life, frames flash, 142 Pewter CE,

dark dull greyish colour, pulsing with blue and purple.

Won a prize for sculpture, when both arm extended,

Shiny metal diamond accents, flashes, pulses.

Between the ear and the curved front bar,

hanging convex spherical lenses, hyperopia, farsightedness.

Actively enlarging type, photos in books for eager darting eyes.

Consciously enlarging these shapes, to see and read,

But then again,

glasses are no use in darkness,

nor to the blind,

or when you are dead.

With this poem done, I print and file it away for our Sunday's Creative Writing class... I am working on my Masters Degree in Creative Writing.

I received a letter today from Wayne, outside co-ordinator of the M2/W2. The note reads: " _September 5, 2012, Hi Kelvin, Both these papers may be of interest, in light of our last discussion. Well wishes, Wayne."_

With it is the Johnny Appleseed story and song lyrics.

It was thoughtful of Wayne to send this to me, I felt warm inside. I clearly remember our discussion of Johnny Appleseed song (grace) and write back a thank you letter for the research, and then I write one to my BFF pen pal that I have been writing for the last few years.

I normally sing it as a solo these past few years as grace at our BBQ and Christmas meals. Now, with this song written, it will at least be helpful as we can all sing it at the Christmas dinner this year on December 3, 2012 as I planned to add the lyrics to our Christmas menu.

At our group meeting, I asked Wayne for some feedback on avenues of investigation and how to proceed with my case... frustrated that I have to plough through the CSC system, innocent and being told that I was not remorseful.

How do you prove that you are remorseful when you did not do anything?

I remember 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 was to be out looking for the killer. I know that one day, I will get the chance.

Plus, I am sorry that my ex wife passed away. I am compassionate over the welfare of my children, family members, and friends that miss her (as I do), and I am searching for the truth as to who did this crime. I do this by listing everyone as a suspect who attended the crime scene, covered up facts, destroyed evidence or "lost" stuff, and will one day get and DNA test everyone involved, either with the courts help or without.

Someday, I will find out who did this.

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.

Many family and friends have died while I have been 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 and that I feel for them.

I do not cry in public. Being inducted and trained that men do not cry, it is difficult to show my emotions, except when alone at night where I weep and let my daily feelings out.

The RCMP was aware that I cried in cells at the time of my arrest, during the taped interviews, because that was how they decided to get my DNA profile. They tested a tissue from me crying during cruel interrogations, taken from the trash. I cried alone in my cell while officers watched and made notes in their hourly logs for many days while detained.

Do the courts recognize that?

Nope, all the courts and CSC seem to want is a false confession and to keep a file closed whether it is unsolved.

Better yet, I pray when someone reads my stories, they can then tell their Member of Parliament (MP) and ask them "the government" for an Administrative Review and demand that those SCC judges with such power and responsibility do what is correct and reopen the Purdy case and order DNA testing of everyone for scientific elimination.

If judges are unwilling to act, they should step down before one is forcibly removed, to allow those with integrity to act. I do understand that a judge has never been removed or evicted from their job in Canada, yet. But, the there are rules that say that it can be done and we are a Country that likes to set precedence.

Looking at my afternoon notes, when my IPO came and had a chat with me at 3:30 p.m.; I was told I was on the list for a Psychiatric Review and I explained that I have been requesting one since the day of my arrest and still have not had one yet.

Afterward, I told my IPO that I will put in a request to transfer to minimum when my security is lowered to Minimum as it was still at Medium. If this does not happen, I will adapt and put in a transfer to La Macaza, Québec. This way, I will get to see my family living in Québec and Ontario. I further told my IPO that I was still waiting for her to do the Community Assessments on those family members. She said that it would get done.

I wished to cascade down through the system and apply for Escorted Temporary Absences (ETAs) and eventually parole. That is, if I have to suffer inside until then. It would be great to be on Vancouver Island closer to my two youngest children but I would also like to be close to my eldest daughter in Cornwall, Ontario.

In addition, my dad Dean should be visiting me this fall, October 29th to November 1st, for a Private Family Visit (PFV). I will need funds to pay for the food soon. They do graciously send me money to cover this.

My mom Helen is the best mom in the whole world. She comes down in the spring for a PFV. This way I actually get two PFVs each year instead of one. Therefore, I get to spend quality time with each of my adoptive parents, one every six months.

Saturdays, I normally call and talk to my parents, get updates on my sisters and other family members, and in so doing I leaned on them for support.

I always feel bad that my family is spending their money flying from Ontario to visit me, as I would prefer they all spend their money on my daughters and sisters. 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 of quality time with just me.

Also, I feel bad about my Aunt Cathy, Uncle Duncan, Leona, and Wayne for all the BC Ferry rides they take to visit and see me. I tell them to save their money, spend it on my children instead, or use the funds to promote my case in the media (newspapers, magazines)... my unfortunate predicament with advertisements.

Anyone observing me can tell that I have a nobler quality. Those who know me know the truth, know this is true, and that is 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 do not charge the prisoners inside any fees for their legal help I do for them.

CSC Management found out, and they were quick to suppress our legal endeavours and pleadings. It was learned by the Manager of Programs, that for court, we prisoners printed all our legal case files from the computer in the library. All this was to make court applications and responses in a timely manner. He then vexatiously ordered that all case files (electronic Martin's and Cartwell's law programs), and all legal forms, be taken off the legal inmate computer provided for our use in the library. I think he should be fired for this, _Charter_ infringement and denied legal access and speedy research, as we cannot make our court applications in a timely manner.

When I voiced this concern with management, I was targeted by CSC staff and further punished. Then, to incite the prisoners, Management removed all the printers from our unit computers and blamed me.

Now we have no way to quickly research, photocopy, or print our legal material when in the library or back on the unit computers. I consider this obstruction of justice and a deliberate infringement of our legal and Canadian _Charter_ rights to be able to make full answer and defence in a timely manner.

Shame on Manager of Programs for this blatant human rights violation.

I remember once an argument with my dad Dean. He was reaching out with a check and trying to get me to stay at Carleton University for my second year of Mechanical Engineering. He offered to pay (I learned years later it was only a loan) me money for my education.

Making my own path, I wanted to do things on my own, in my own way. This must be ingrained. I did not want to take a hand out, or money, from anybody, especially my family.

My dad and I argued over school for a bit and my Aunt Gail listened on. She was surprised about the fact that I refused University money, and surprised further that my dad could write a check for $10,000.00

I explained that I wanted to do things and pay for my education on my own. If I had to take a year off and work to raise the funds to pay for my own education, so be it. I was still finding myself.

Family was and is poor. I remember walking to the Cornwall Mall with my sister Jennifer and her telling me this, that she was poor. They needed money more than I did and I realized that at that time, I did not want to take or borrow any monies from my family.

Therefore, I am stubborn, prideful, and wanted no help from anyone, especially my family, at the time. I would work for what I needed, and when I had enough for my education, I would apply and get it.

Time was and is not a factor for me. I am a very patient person.

I use my time to plan, to finesse, and implement my ideas (some are very far reaching and unique) and find ways to turn them into reality. With an unknown force pushing behind me, I feel compelled, driven to find a way to accomplish all my self made goals and dreams especially when someone tells me I can not do something.

My dad, Dean, was and has been a good financer and able to save money for his family. He is a great Dad and provider for all his children. A person I respect and look up to, envy, and consider him and my Mom Helen, my true heroes.

For people that wonder, I am fine now, my family visits me lots. Letters arrive from all over, and being able to telephone family on weekends, is nice enough for me and that it will never be enough until I find out who was responsible for killing my ex wife and bringing them to justice, along with all their accomplices. Sadly, the accomplices appear to point to members of the Nanaimo RCMP, Crown, and Justices.

Family 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 have asked the courts for this prom their providers but to no avail.

Here I sit at my desk. The desk lamp is on, and I continue re listing my wish list for inside and for when I get out. Listening to some _Lady GaGa_ , music fills me with hope.

I put down my pencil and pick up a book by Diana Gabaldon, _Dragonfly in Amber_ (part two of the _Outlander_ series) to read tonight before bed but notice it is 947 pages, so it might be a two-day book. I polish off the first 498 pages before I am tired and have to sleep. She is a good writer. Whatever book I do not finish at night, I am driven to finish reading throughout the next day.

My flaw, I always finish a book I start reading.

I turn off the music and turn on the television, Much Music and _Lady GaGa_ is playing her latest video. This I enjoy and watch spell bound, her as an artist performing.

This is why I write. To tell the world my stories.

Eventually, I hope to create enough funds to pay for adequate Counsel Representation to help all these grievous wrongs done to me and my family.

Still early, (in the morning), I slip into bed.

I look again, with heavy eyes, at the pictures of my current and future e-Book covers, at the DNA results tacked to my corkboard, reciting them in my mind once again:

" _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."_ **Donald E. Riley** , Ph.D.; DNA Consulting, LLC. July 13, 2010.

" _K. Purdy (10 AA) are excluded as a contributor."_ **Dean Hildebrand** , Ph.D.; BCIT. January 28, 2010.

Now, I turn off the lights, and lay back on my hard bed. 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.

I was actually excluded!!!!!

Can anyone tell me why both my trial counsels deliberately suppressed exculpatory DNA evidence from me, the Crown and Jury?

Being scientifically excluded and yet nobody in authority seems to care.

Tonight, I could be dreaming of designing a river sluice with 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 learning French and Spanish languages using Rosetta Stone, Encarta, and others. Or my dreams may go to prospecting, my Bed and Breakfast, and family.

I do what I can, until my destiny is revealed to me.

After reading magazines in the library, I would remember flashes of dreams, nights long past, driving up in a BMW, a red bike, blue Innespace Dolphin boat for a spin and wave jumping, RV Unimog book touring, or flying a Velocity Aircraft XLRG-5 across Canada and visiting air shows and conventions.

All I can do is tell you what I know, and suggest what I think should be done.

In bed, the question arises that I think people will ask when reading this:

Is Kelvin Purdy still detained?

To help readers, and because I am not allowed to retain proceeds of the index offence for the sentence I am serving, the e-Book version of DNA OVERLOOKED, will remain complementary (FREE) while I am detained as a prisoner in Canada.

When I am eventually released, DNA OVERLOOKED, (e-Book) will be become a paid edition so that any reader will know I am free. I hope this helps answer this question.

DNA OVERLOOKED, was also re-written to create another stir in the Parliament of Canada (a poke at the hornets nest) and all funds generated with the prequel LOOK, will be directed for legal representation because Legal Aid was denied to me.

Monetary donations mailed to my family would be graciously accepted and appreciated for my current court pleadings. Crowd funding, and any angel investors into my predicament, would also be welcome.

This is why I write, to create the required funds, with them I can find answers. Private Investigators can be hired to obtain all DNA and test results for scientific exclusion. To put out the truth in the hope that justices will act to right these grievous wrongs.

Understanding that CSC cannot control what I write, or publish, and that is what makes me dangerous in their eyes. I write the truth in what I see and hear, regardless of the consequences. I hope for justice, disclosure, and redemption.

I do all this so I can get out and be free with my family.

How do you move on when a murder is unsolved and the DNA Overlooked?

Even free, I would still be searching for the truth.

Wouldn't you?

So, I am patiently awaiting a sense of fairness that seems that those with authority lack. I continue to remain happily below the poverty line so that I mess up many Government statistics.

As I lie back in my uncomfortable bed, close my eyes, and listen to some Baroque piano music from my television. It is nice and soothing as it washes over me.

Blessed be.

END OF BOOK TWO

APPENDICES

  1.

 ABOUT THE AUTHOR

**Kelvin Kingsbury Purdy** (1968- )

Almost unnoticed, a quiet Canadian Ghandian man of kind actions, passions ranging from attending conventions, beaches, biking, cooking, Nordic and Alpine skiing, prospecting, sailing, stained-glass, technology, tennis, white water kayaking, windsurfing, and schooling: obtained his Masters degree in creative writing from the Fraser Valley Writer's School, Culinary Arts from Malaspina University, Hospitality & Tourism from McMillan College, and attending numerous classes at a variety of institutions.

Recipient of the Duke of Edinburgh Gold Awards (Bronze, Silver, and Gold), certified NAUI open water scuba diver, volunteer firefighter, and member of the Canadian Red Cross Ski Patrollers and trained in first aid.

If he has any spare time (which is not often), he writes; if he has any spare cash (not nearly enough), he mails out countless letters and bookmarks to spread the news of his predicament.

Following his heart, he shows by deeds and actions, does and says what is right regardless of the consequences. He is empathic and understands with a kind and soft heart. He is single, loving, faithful, and devoted. He kindly responds to all letters he receives.

Letters to the author can be sent to:

**Kelvin Kingsbury Purdy** , a Canadian Political Prisoner.

Pacific Institution, PO Box 3100, Abbotsford, BC, V2C 4P4, Canada.

The OVERLOOKED series: **LOOK (volume I)**

DNA OVERLOOKED (volume II)

OVERLOOKED (volume II, original Legal textbook edition)

INSIDE LOOKING OUT (volume III)

TIME (volume IV)

SYFY DREAMZZZ (Volume V)

OVERCOOKED (Volume VI)

OUTSIDE LOOKING IN (Volume VII)

HOW I PUBLISHED MY BOOK FROM A CANADIAN PRISON (Volume VIII)

OVERBOOKED (Volume IX)

PROSPECTING (Volume X)
  2.

DNA EXCLUSIONARY LETTERS

Letter (A):

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 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 "spittle" and_ _K. Purdy (10-AA) are excluded_ _as a contributor to this sample._

Dean Hildebrand, Ph.D.

Letter (B):

Donald E. Riley, Ph.D.; DNA Consulting, LCC

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.

  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 for 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 fats 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_
  3.

DNA RESULTS

Test result from: RCMP E-Division.

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**

Test result from: RCMP E-Division.

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**

Test result from: RCMP E-Division.

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**

Test result from: RCMP E-Division.

Sample "Denise 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**

Test result from: RCMP E-Division.

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 39 / 31.2**

(Green 4) **D18S51 12 / 13**

(Yellow 1) **D5S818 12 / 13**

(Yellow 2) **D13S317 11 / 11**

(Yellow 3) **D7S820 11 / 12**

Test result from: Genetrax Biolabs.

Sample "Charles Panet" (A.K.A.: "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**
  4.

HOW YOU CAN HELP

Post your **comments** and **star ratings** on: www.SmashWords.com

Blog, tweet, pass on my memoir/biography to your friends to download.

Send book reviews to the newspapers and your favourite magazines.

Read and post comments on www.WordPress.com

Ed Griffin: Prison Uncensored – The Truth Behind the Bars

Post a comment on Peter Warren's website: www.PeterWarren.ca

Send a letter ( **Postage Free** ) to the Government:

_Prime Minister, Minister of Justice, or Your Member of Parliament_.

Parliament of Canada, Ottawa, Ontario, K1A 0A6, Canada

For **FREE Postage** , Write/Type where the stamp normally goes:

No Postage Necessary/ Federal Government of Canada.

Upon publication, to send letters to the author by "snail-mail":

**Kelvin Purdy, 800875E,** _Pacific Institution, Unit-U2_

PO Box 3100, 33344 King Road, Abbotsford, BC, V2S 4P4, Canada

e-Mail (me): KPURDY2003@gMail.com

Please send me your recommendations, comments, and critiques.

Become a Private Investigator, do your own collection and DNA testing.

You be the judge, compare the DNA results: **What do you think?**
  5.

DNA (Deoxyribonucleic Acid) Scavenger Hunt

Persons of interest needing DNA analysis but still not DNA tested for scientific elimination by the RCMP or Crown:

  1. Boorman, Robert: witness BC Ambulance, Nanaimo.

  2. Boxall, Sally: witness at crime scene.

  3. Bradburne, John: witness at crime scene.

  4. Bradburne, Maxine: witness at crime scene.

  5. Bradburne, Peter: witness at crime scene.

  6. Braylery, DHD: RCMP at crime scene.

  7. Brough, Colin: at crime scene.

  8. Carter, Lindsay: RCMP, E Division Tech.

  9. Chisholm, D.M. RCMP at crime scene.

  10. Chu, Bernice: RCMP, E Division Tech.

  11. Chubey, Cst.:RCMP at crime scene.

  12. Cleland, Fred: witness on Nidri Place off LaSalle Road, Nanaimo, BC, put sleeping bag on victim.

  13. Cleland, Louise: witness at crime scene.

  14. Conway, Murray D.: RCMP at crime scene.

  15. Cook, C. Jacqueline: RCMP at crime scene.

  16. Crawford, Derek: RCMP arresting officer.

  17. Crossman, Christine: RCMP, E Division Tech.

  18. Davies, Cathy: RCMP at crime scene.

  19. Delisle, David R: RCMP at crime scene.

  20. Dibnah, Phyllis: witness at crime scene.

  21. Drake, Catherine Patricia: witness BC Ambulance, Nanaimo.

  22. Dubenski, Frank A.: Crown Prosecutor.

  23. Flannery, Pat J.: RCMP at crime scene.

  24. From, Glen E.: RCMP at crime scene.

  25. GWilliam, Hugh W.R.: Crown Prosecutor.

  26. Harris, Rosemary: witness at crime scene.

  27. Hogg, Douglas C.: RCMP, undercover cell plant.

  28. Hyne, Peter Richard: witness Fireperson Station 3, Nanaimo.

  29. Janes, Darryl: RCMP arresting officer.

  30. Kingston, Dan: RCMP at crime scene, took photos.

  31. Kneckt, S.E.: RCMP at crime scene.

  32. Kraft, Norma: witness at crime scene.

  33. Kupusa, Eileen: witness at crime scene.

  34. LaRose, Bill: witness 6418 LaSalle Road, Nanaimo.

  35. LaRose, Desiree: witness 6418 LaSalle Road, Nanaimo.

  36. Lawson, Mark: RCMP at crime scene, Police Dog Services.

  37. Luu, Christine: RCMP, E Division Tech.

  38. Lynch, Richard: RCMP exhibit officer at crime scene.

  39. MacLachlan, Rick: witness at scene.

  40. Mattson, Marilyn: witness at crime scene.

  41. McCoy, Judy: RCMP ignored witnesses suspect vehicle tip of pick-up truck leaving with two persons.

  42. McKay, Gillian: witness at crime scene.

  43. McRitchie, Cst.: RCMP undercover at scene.

  44. Milne, Brian: witness at crime scene.

  45. Milne, Linda: witness at crime scene.

  46. Mjoen, Steven Magnar: witness at crime scene.

  47. Mousseau, Christopher: RCMP at crime scene wore one glove, administered first aid to victim.

  48. O'Brien, Gary F: RCMP at crime scene.

  49. Ortiz, Carmen: witness at crime scene.

  50. Overton, Mark: witness Fireperson Station 3, Nanaimo.

  51. Panet, Charles Wilson: boyfriend of Denise Purdy.

  52. Pelletier, J.L.M: RCMP at crime scene.

  53. Perry, Taylor: witness at crime scene.

  54. Philip, Sean: RCMP, person of interest.

  55. Phillips Cst.: RCMP at crime scene.

  56. Pinker, Isabelle: witness at crime scene.

  57. Purdy, Kimberly: daughter, DNA elimination needed.

  58. Purdy, Stephanie: daughter, DNA elimination needed.

  59. Reason, William: RCMP at crime scene.

  60. Rogers, Dan/Daniel, witness Fireperson Station 3, Nanaimo.

  61. Rose, Paul, RCMP undercover cell plant.

  62. Roy, Gerard Norman: RCMP first person to arrive.

  63. Rupa, Sorab D.: RCMP lead investigator.

  64. Ryan, Pam: witness 6418 LaSalle Road, Nanaimo.

  65. Sahota, Gian: witness at crime scene.

  66. Scherr, David: RCMP at crime scene.

  67. Schuster, Lori: witness gave first aid to victim.

  68. Seagris, Richard: witness on LaSalle Road, Nanaimo.

  69. Seaton, Kristina: witness at crime scene.

  70. Sharp, Rolland: RCMP, person of interest.

  71. Smith, Ken L.: RCMP at crime scene.

  72. Sorsdahl, Leslie: witness 6404 LaSalle Road, Nanaimo.

  73. Sorsdahl, Neil: witness 6404 LaSalle Road, Nanaimo.

  74. Stitt, J Rob.: RCMP at crime scene.

  75. Striker, Norm, RCMP at crime scene.

  76. Swift, Eleanor: RCMP, showed inappropriate crime scene photos to a nine-year-old.

  77. Turton, Holly Ann: RCMP lead exhibit officer.

  78. Whyte, Bill: DNA elimination needed.

  79. Whyte, Jennifer Nichole: ex Fiancé, DNA elimination needed.

  80. Whyte, Nathan: DNA elimination needed.

  81. Whyte, Patricia: DNA elimination needed.

  82. Wilton, Michael Steven: RCMP arresting officer.

  83. Wylie, R.J.B: RCMP at crime scene.

