How Could You? Hall of Shame -Windie,Elizabeth Perry and Earnest Perry case UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Montgomery County, Tennessee, foster parents Windie Perry, 53,  Earnest Perry, 67, and their adopted daughter Elizabeth, 22 “are all charged with several counts of aggravated child abuse, especially aggravated kidnapping and child abuse and neglect. Windie and Elizabeth Perry also face several counts of child rape and aggravated rape.

Each faces 74 counts, with 44 counts to be heard by a Montgomery County jury at 8:30 a.m. April 25 in Judge John H. Gasaway’s court. Jury selection begins Monday, April 18, and a jury will be selected before April 21. The jury will be sequestered for the duration of the trial, which is expected to last a week or longer.”

“The original indictment accused the Perrys of inflicting “heinous, atrocious and cruel” acts of abuse that amounted to “torture,” on two of their adopted children who were younger than 13 at the time from May 2006 to March 2008.

Among several charges of specific torture and abuse involving jumper cables, curling irons, duct tape and beatings with extension cords, the Perrys are accused of depriving the two of food for four to five days, according to their indictments.”

The alleged victims are not fairing well. The alleged victims’ behaviors include “anger, unruliness and violent behavior while in numerous foster homes during the course of the case.”

Child abuse, rape trial begins this month in Montgomery County
[The Leaf Chronicle 4/9/11 by Tavia D. Green]

For more articles about the Perrys, read the PoundPup Legacy Files.

Update: More details were released as a jury was in the process of being selected. “Investigators say the victims were 2 of the six foster children under the Perrys’ care. The allegations date to 2006.”

Couple, daughter on trial in abuse of foster kids
[NewsChannel 5 4/19/11 by Associated Press]

Update 2: “A judge in Clarksville has dismissed charges that a local couple abused and tortured two adopted children, now 14 and 16 years old.

The trial was to have begun Thursday with Earnest L. Perry, his wife Windie Perry and the couple’s 22-year-old daughter Elizabeth Perry charged in a 44-count indictment. Judge John H. Gasaway granted the state’s motion to dismiss charges on Wednesday, according to The Leaf-Chronicle.

Assistant District Attorney Kimberly Lund says errors were found in the indictment which would have resulted in dismissal of several counts.

Lund says she will seek new indictments when a county grand jury convenes in May.

Earnest Perry’s attorney, Assistant Public Defender Charles Bloodworth, said several of the charges had legal defects.

The Perrys deny guilt. They were arrested in July 2008.”

Child Abuse, Torture Case; Charges Dismissed, New Indictments Sought
[ABC 24 4/22/11 by Associated Press]

“Three members of a Clarksville former foster family were arrested Monday after a grand jury re-indicted them on allegations they beat and tortured two of their six adopted children. In a 47-count indictment, Windie Perry, 54, and her adopted daughter, Elizabeth Perry, 23, are accused of using an object to rape two girls younger than 13 several times between July 2, 2006, and March 18, 2008.

[Nashville Tennessean 5/11/11]

Update 3:

“Potential jurors in Judge John H. Gasaway’s court were first given questionnaires, going through a voir dire questioning process by Kimberly Lund, assistant district attorney, and the Perrys’ attorneys.

Assistant Public Defender Charles Bloodworth represents Earnest Perry, attorney Greg Smith represents Elizabeth Perry and attorney J. Runyon represents Elizabeth Perry.

Jury selection will continue Friday [January 13, 2012], by which a jury is expected to be seated. Jurors will not be sequestered for the duration of the trial, which is expected to last about two weeks.

Allegations
The Perrys were originally indicted in July 2008 and were set to go to trial in April 2011. Because of errors in the wording of their indictment, all three cases received dismissals and were sent back to the grand jury with more concise and legally correct language.

Because of errors in the wording of their indictment, all three cases received dismissals and were sent back to the grand jury with more concise and legally correct language.

In May 2011, the grand jury re-indicted the trio in a 47 count indictment.

According to the indictment, between July 2, 2006 and March 18, 2008, Windie and Elizabeth Perry are accused of raping two girls — who are now 17 and 14 years old — using an object.

The two girls were younger than 13 at the time of the alleged abuse.

At different times, the children were allegedly forced into a dog kennel, tied down to a cot with ropes, handcuffs and chains, and tied to a chair with their feet handcuffed together, the indictment said.
The Perrys also are accused of barricading the children in a closet and beating them with a pole, belt and rubber hose on several occasions.

Windie and Elizabeth Perry also are accused of attaching jumper cables to the lips of the youngest child and attaching jumper cables to the tongue, hands, feet, toes, fingers and private parts of the oldest child.

The children were allegedly denied food for three to five days, the indictment said.
Windie Perry is charged with acts of torture include beating the children with a hammer, rolling pin and bat, forcing a broom down one child’s throat, placing one of the children in a dog kennel and pouring boiling water over it and using a staple gun on a child’s thigh, according to the indictment.

The Perrys maintained their innocence since the beginning of the case.
“We want this trial,” Windie Perry said in a previous article. “We are ready, we have witnesses and people to speak out and have legal documents to prove we are innocent. We need to let the public know what’s going on. Those who know us personally know we did not do that to those two girls.”

Opening statements are scheduled to begin Tuesday, Jan. 17. The court complex is closed in observance of Martin Luther King, Jr. Day on Monday.”

Jury selection under way in Clarksville child torture case
[The Leaf Chronicle 1/12/12 by Tavia D. Green]

“Dr. Robert Paasche, was one of several health care providers to testify Wednesay in the child torture and rape case of Windie L. Perry, 55, Earnest Perry, 68 and their adopted daughter, Elizabeth A. Perry, 23, who are facing 45-counts of aggravated child abuse, especially aggravated and chlid rape, collectively.

Windie and Elizabeth Perry are the only ones charged with child rape and aggravated rape.

A jury of 14 Montgomery County citizens are tasked this week with deciding if the two children’s adopted parents and sister are the ones who caused the numerous injuries the two girls’ had on their body.

Paasche testified he suspected child abuse especially when he noticed the frenulum under the 11-year-old’s tongue had been severed. The 11-year-old explained her injuries occurred because she “fell a lot, fought her sister and was clumsy.”

“I did not believe she was telling the truth…(A severed frenulum) is a hallmark sign of abuse,” Dr. Robert Paasche said. “No other injury could cause that.”

The 13-year-old disclosed she had allegedly been beaten on her body with various objects, tied to a cot and other acts of abuse and torture.

Paasche, the emergency room doctor was one of the first health care providers to tend to the two girls after they reached the emergency room on March 18, 2008.

Paasche as well as Dr. Laurie Harris-Ford and Nurse Melanie Suiter all testified that the two girls came into the emergency room looking thin, malnourished, were dirty and with matted hair and bad hygiene and wore over-sized boys clothes. The 13-year-old was barefoot with swollen feet and neither had on under garments.”

“Both were covered from head to toe with fresh and old bruises and injuries. Suiter said it was apparent that when the four other children from the home came in the emergency room there was a noticeable difference.

“It was pretty clear the other children were better dressed,” Suiter said. “they had on clean clothes that fit appropriately. The girls had their hair combed and it was the same with the boys.”

“Dr. Paasche was shown several pictures of the 13-year-old girl and explained to the jury what his diagnosis of each injury was.

“She sticks out in my mind because she very calmly expressed a wide variety of injuries she sustained at the hands of her foster parents,” Paasche said. “… I was concerned she had been suffering with these injuries for some time and had become emotionally detached and could explain very calmly like she was talking about a doll. She was very calm and said it hurt. I would’ve been crying with those injuries.”

The girl had a “linear burn mark” on her scalp consistent with being burnt with a curling iron, multiple contusions and bruises on her forehead that was a few days old, “linear bruising” on the back of her neck, multiple bruises to her abdominal wall and entire back in various stages of healing.”

He also testified her left hand was swollen with a deformed broken thumb and she had markings and swelling on both hands and knuckles that would be consistent with having jumper cables on them.

Her legs and knees were severely bruised and her buttock had one big bruise and soft tissue damage consistent with being repeatedly hit. Abrasions around her wrists and ankles showed she had at some point been tied down “very tightly.”

The 11-year-old had similar bruising on her body including a puncture to her thigh that was consistent with a staple gun being used, a swollen lip with bruising on her mouth that Paasche said was consistent with jumper cables being used, bruised inner cheeks consistent with being hit several times and her teeth causing injury to her cheeks, several healing bruises and lacerations on her arms and legs as well as circular ligature marks on her wrists and legs consistent with being tied up.

Runyon asked the doctor’s about “testifying to a reasonable degree of medical certainty.”

“You don’t know who created these injuries?” Runyon asked Paasche.

“No,” Paasche said.

“They could’ve hurt each other,” Runyon said

“I think that’s absurd,” Paasche said, explaining he had older brothers who he fought with but the injuries never looked like what the two girls had on March 18. After Gasaway advised him Paasche replied, “I wasn’t there so I can not say.”

Officer Brad Crowe was the last to testify and introduced into evidence several items the crime scene team found at the Perry’s home including a rolling pin, spatula and link chain.

Crowe testified he did not recall them finding any kind of handcuffs or padlocks, a broken broom handle. He testified they did photograph a small plastic dog kennel and said he thought there was a larger metal dog kennel in the home.

Court will resume Thursday at 8:30 a.m. with the State continuing to put on evidence.

Morning Testimony

A 17-year-old boy who was adopted by the Perry family as a baby and lived in the home, described to the jury Wednesday how he witnessed two of his adopted sisterd being abused and put in dog kennels.

This morning’s testimony in Judge John H. Gasaway’s court drove the boy’s former adopted mother, Windie Perry, to tears as she could be seen and heard weeping outside of the courtroom after court was recessed for lunch.

As a friend and her husband, Earnest Perry, consoled her, she could be heard saying, “there are some evil people … I did not do that to those kids.”

Windie L. Perry, 55, Earnest Perry, 68 and their adopted daughter, Elizabeth A. Perry, 23, are standing jointly in a 45-count indictment that accuses them of crimes against the now 17-year-old girl and her younger sister. The charges include 27 counts of aggravated child abuse, 12 counts of especially aggravated kidnapping, four counts of child rape and two counts aggravated rape. Windie and Elizabeth Perry are the only ones charged with child rape and aggravated rape.

The 17-year-old boy said from his basement room he often heard yelling and screaming coming from upstairs where two of his adopted sisters and Windie and Elizabeth Perry were.

“They were treated very badly by Mrs. Perry and Elizabeth,” the boy testified. “They were pushed down stairs, locked in kennels and stuff like that.”

He said he witnessed the two girls duct-taped to a bed and saw Windie Perry pour boiling water on them in a bathtub.

It was the inconsistencies in details of the alleged abuse that defense attorneys homed in on as they cross-examined the alleged victim and her adopted brother this morning.

Tuesday, the 17-year-old complainant told the jury she and her sister had been tortured over a two-year period before she ran away from the R.S. Bradley home on March 18, 2008.

That day, Windie Perry allegedly hit her in the head with a rolling pin and in the mouth with a spatula after she made a mistake in the kitchen.

The alleged victim told the jury she was only allowed to come out of the house to go to church and was told to wear turtlenecks and long skirts to hide the bruises. She also alleged they were treated differently than the other children.

Her adopted brother later testified the girls never went to church.

He did testify he saw his mother and adopted sister abuse the two girls

“Mrs. Perry and Elizabeth did the hitting,” he said. “(They) would get hit with baseball bats, switches and extension cords. They did nothing, but they would back talk. … They were hit with anything that could be used as a weapon.”

He said he was not always around the two girls, so he didn’t see everything that happened. He testified he saw Windie Perry burn the girls with boiling water in a bath tub, but he didn’t say they were in a kennel together like his sister testified.

On March 18, 2008, when his 13-year-old sister ran away, he said he was given instructions and had not spoken about the case much.

“The first day we left the house our mom told us specifically not to talk about what happened,” the boy said. He said Windie Perry never talked about it again and he was scared.

“Why would you wait so long to tell what happened in that house?” Kimberly Lund, assistant district attorney asked.

“I don’t know,” he said. “I’m not afraid anymore.”

Cross examination

This morning began with the alleged victim being cross-examined by defense attorneys.

Defense lawyers questioned her about inconsistencies made in statements she made to various people including police, attorneys and health care providers and worked to present reasonable doubt in the case.

J. Runyon, Windie Perry’s attorney, asked the teen about her older biological sister, who was in the Perry home until an incident occurred where the older sister allegedly chased some of the other children with a butcher knife.

The 17-year-old did not recall that incident.

He further inquired into specific allegations of abuse and asked her how long she had told a juvenile judge she’d went without food. After giving her a transcript, she read she went without food for three days at the longest.

“I don’t remember saying that because I was,” the alleged victim told Runyon.

Runyon also asked if she ever told a doctor she had been hit by the Perrys as young as 6 years old with a hammer, bats and chairs. The alleged victim said she had not said that to a doctor.

She also denied saying she ever used the term that she would have to “act up” to get moved to another foster home.

The alleged victim testified that after Windie Perry allegedly broke her thumb, her sister tried to pop it back in place.

“(My sister) was bending my thumb back and it was broken and I couldn’t use it,” the alleged victim said. “Windie Perry thought I was faking and she told Elizabeth and my sister to bend my thumb in place.”

She admitted she told another foster parent that she had been duct-taped to a pole in the basement, but said she did not say that’s how her thumb got broken.

“Do you remember telling Windie Perry, ‘the only reason you adopted us was to make us Merrymaids’?” Runyon asked.

The alleged victim said she did say that although she was scared of Windie Perry and knew she had a “violent temper.”

When asked why she said that if she was scared, the alleged victim said she was already being punished when she said it.

Assistant Public Defender Charles Bloodworth, Earnest Perry’s attorney, asked the alleged victim about her history.

The alleged victim said she had been in foster care since she was 4 years old and picked her new name when the Perrys adopted her in 2004, when she was 10 years old.

Greg Smith, Elizabeth Perry’s attorney, asked the alleged victim if she informed the Perrys that she was running away and the teen said she did not
“No one knew, so (they) couldn’t run and hide stuff,” Smith said.

The alleged victim also said she did not initially tell Clarksville Police officers everything about the abuse.

The defense attorneys also asked about specific allegations in the indictment where one of the girls was named as a victim but the allegation was that it happened to both of them. He further questioned how the two girls were allegedly handcuffed to a cot, the size of the cot and the size of the two girls at the time.

When John Finklea, assistant district attorney, re-directed the testimony, the alleged victim said she was nervous, felt somewhat intimidated and it was hard to remember every little thing that happened.

She also said she had been hit with a rolling pin a couple of times on March 18, 2008 the day she ran away.

Food deprivation allegedly occurred regularly and she said she and her sister often sat on the floor, were put in a closet or kennel while the other children ate.

“On Thanksgiving they had cooked a goose and ate it. Me and my sister were downstairs in the kennel,” the girl said. “They left us the scraps … Windie Perry told them to come downstairs and look at us eating because we looked like vultures eating the bones.”

She said she never told anyone at their church because the members were her mother’s friends and she “never thought (anyone) would believe me.”

Court will resume at 1:15 p.m.”
Doctor testifies he ‘suspected abuse’ in Clarksville child torture, sex abuse case
[The Leaf Chronicle 1/18/12 by Tavia D. Green]

Update 4: “A 15-year-old girl took the witness stand in Judge John H. Gasaway’s court Thursday afternoon and described in detail how her adoptive mother and adoptive sister brutally beat and tortured her from the time she was a 9-year-old until she was 11.

The girl was the second alleged victim to testify in the case against Windie L. Perry, 55, Earnest Perry, 68 and their adopted daughter, Elizabeth A. Perry, 23, who are charged in a 45-count indictment with aggravated child abuse, especially aggravated kidnapping and sex abuse against two adopted girls.
Windie and Elizabeth Perry are charged with child rape and aggravated rape.

The 15-year-old’s testimony mirrored that of her older sister and two adoptive brothers who testified earlier in the week and described a one-time good life that was shattered by violent abuse.

“At first it was good, when we first got adopted everything was normal,” the 15-year-old said. “We went places, like shopping, out to eat, to church, and we dressed up.”

The 15-year-old and her 17-year-old sister had been in the foster care system for five years and came to the Perrys’ home as young children, the only two in the household not adopted as infants. The abuse began after July 2006, she testified.

“Things were rough,” she said. “We got abused … we got hit on a lot with chains, belts, ropes, anything.”

The teen said being confined and locked inside of a dog kennel with her older sister was almost a daily occurrence, and being tied to a cot, barricaded in a closet, hit with bats, hammers, chains, a metal pole, an ax, a red hose and belt by Windie and Elizabeth Perry were also frequent punishments for “not cleaning fast enough.”

The younger teen said Earnest Perry was often gone from the home and did not inflict the “punishments” but also never said anything about what was allegedly happening to them.
Specific incidents involving Windie Perry using jumper cables, a staple gun, pliers on her frenulum and wrapping her face in duct tape and beating her until unconsciousness with a bat were also discussed at length by the teen. She also said she was deprived of food for as long as five days.

When asked why she didn’t tell anyone about the alleged abuse on March 18, 2008, when her older sister ran away, the 15-year-old replied, “I was scared we would go back.”

J. Runyon, Windie Perry’s attorney, was the only defense attorney to cross-examing the alleged victim before court recessed at 5 p.m. Runyon asked her several questions regarding testimony she gave in juvenile court, where she made contradictory statements about bruises and allegations against the Perrys.

The alleged victim told a juvenile court judge she got the bruises when she lived in Chattanooga and “fell” and got some scars from “playing outside.”

Runyon also had her read from a juvenile transcript in which she alleged she was also beaten with a plastic rake and brick, and had knives rubbed against her leg. The teen said she did not say knives were rubbed against her legs, but she was beaten with a plastic rake and hit with a brick.

The alleged victim testified the night before her sister ran away they had been locked in a dog kennel.
She admitted to telling a female officer her “sister was mentally retarded and fought her all the time” and that she “tied herself up”

Runyon also inquired if she had accused others of abusing her, if she told a counselor she would “start acting up” and about her church involvement.

Defense attorneys will continue to cross-examing her this morning.

TBI introduces DNA in case

Tennessee Bureau of Investigation Agent Charles Hardy testified Thursday morning that he performed forensic tests on several items taken from the home.

As the allegations unfolded on March 18, 2008, the crime scene investigation team was instructed to look for certain items in the house.

That same day the then-13-year-old alleged victim testified she ran from the Perrys’ R.S. Bradley home to a neighbor’s house after Windie Perry struck her in the head with a rolling pin and in the mouth with a spatula.

That rolling pin, along with two spatulas, a set of jumper cables and a rope were all gathered from the home that same day after the 13-year-old alleged she was hit in the mouth with a spatula, had jumper cables attached to her hands and other body parts and was tied down with a rope.

Other abuse allegations unfolded as time went on.

Following questions by John Finklea, assistant district attorney, Hardy testified the items were tested for blood and DNA and the following were reached:

• White nylon rope: No blood was found on the rope. There was a limited amount of DNA but not much to match to the DNA profile of the two alleged victims.

• Jumper cables: No blood was found on a set of jumper cables. Both the red and black jumper cables were tested. There was a presence of human DNA found on the teeth of the jumper cables that was consistent with both the then-13-year-old alleged victim and the then-11-year-old alleged victim.

• Rolling pin: Hardy said there was no visible blood stain on the rolling pin. The body and handles of the rolling pin were tested and there was a presence of human DNA matching the DNA profile of the then-13-year-old alleged victim.

• Spatula No. 1: No blood was found on the spatula. A limited amount of DNA was found on the handle of the spatula. DNA was present on the head of the spatula matching three people. A mixture of DNA from the two alleged victims could not be excluded. Other samples were needed to match the DNA of the third person.

• Spatula No. 2: There was no blood present on the spatula. No DNA profile could be found.
Runyon asked Hardy if the DNA testing showed anything other than that the object came in contact with a person.

“It can’t tell you how it got there, just that it was present on the areas I tested,” Hardy said.

Runyon further inquired if a third DNA sample was provided to determine to whom the DNA on the first spatula belonged. Hardy said no more DNA samples were provided.

Hardy also testified that he had not tested the handles of the jumper cables and said in hindsight he believed testing the jumper cable handles would have been beneficial.

Runyon asked if the handles of the rolling pin were swabbed and Hardy answered no other DNA was found on the rolling pin except that of the alleged 13-year-old victim.

Charles Bloodworth, assistant public defender and Earnest Perry’s attorney, asked Hardy if he ever received DNA samples from Earnest, Windie or Elizabeth Perry.

Hardy said he did not.

Greg Smith, attorney for Elizabeth Perry, asked what the DNA indicated.

“Does it indicate from what part of the body those skin cells were obtained or how many times it was touched?” Smith asked.

Hardy said DNA testing did not provide that information and agreed that only a small amount of DNA was needed to match to a sample.

Home clean, evidence not gathered

Detective Larry Boren, the lead investigator in the case, testified that on March 18, Boren said he spoke briefly with the 13-year-old alleged victim and noticed that she was dirty while the other Perry children were neat and clean.

Boren went to the Perrys’ home and said it was “filthy” and had a bad odor that consisted of dog feces and urine.

“There was only one clean room in the whole house … the dining room. There were boxes of clothes and things piled up knee high all through the house and in parts of the basement,” Boren said.

During a search of the home, Boren said the crime scene team looked for two spatulas, a rolling pin, jumper cables, a white rope, rubber hose and a dog chain.

“It was difficult to search because there was so much stuff in the home,” Boren said.

Earnest Perry accompanied Boren through the house as they searched and was cooperative.

“On March 31, I learned several other items in the home were used on the girls,” Boren said. “… A staple gun, bats, knives, pliers … probably 46 different items total.”

On April 7, Boren returned to the home and things had changed.

“It was clean,” he said. “I went into the kitchen area (and) it was spotless. There was no smell.”

Runyon asked Boren several questions about the gathering of evidence and Boren testified after learning the home had been cleaned he did not go back to gather evidence.

During an interview, Boren showed pictures of the girls’ bruises to Earnest and Elizabeth Perry and they both said they did not know how the girls got their injuries, and denied causing them.

Windie Perry told Boren the girls caused their own injuries.

“She denied putting her children in the dog kennel, denied sexually assaulting the children, told you the children had problems from when they were in Chattanooga, told you she loved those children and all she ever tried to do was help those girls,” Runyon said, and Boren agreed Windie Perry told him those things in an interview.

Boren said Windie Perry was adamant her family had not hurt the children and seemed sincere at the time.

“The girls came from a bad situation, and did bad things and they didn’t even look the same as they did,” Runyon read from a report.

Windie Perry also told Boren she had gotten their hair to grow and gotten them nice clothes and said they had a routine, normal life, complete with three meals a day.

When shown a picture of the 13-year-old girl’s head, Windie said the girl had burnt herself and the girls often fixed each other’s hair.

Windie told the detective she didn’t know how the 13-year-old girl had broken her thumb and had been using her hand.

Windie denied assaulting the then-13-year-old girl in March 2008 or at anytime.”
Abuse Case: DNA Evidence part of Day 3 in Clarksville Trial
[The Leaf Chronicle 1/19/12 by Tavia D. Green]

“A 15-year-old girl took the witness stand in Judge John H. Gasway’s court Thursday afternoon and described in detail how her adopted mother and adopted sister brutally beat and tortured her from the time she was 9-year-old until she was 11-years-old.

The girl was the second alleged victim to testify in the case.”

“The 15-year-old’s testimony mirrored that of her older sister and two adopted brother who testified earlier in the week and described a one time good life that was shattered by violent abuse abuse.

“At first it was good, when we first got adopted everything was normal,” the 15-year-old said. “We went places, like shopping, out to eat, to church and we dressed up.”

The 15-year-old and her 17-year-old sister had been in the foster care system for 5 years and came to the Perrys home as young children, the only two not adopted as infants. The abuse began after July 2006, she testified.

“Things were rough,” she said. “We got abused…we got hit on a lot with chains, belts, ropes anything.”

The teen said being confined and locked inside of a dog kennels with her older sister was almost a daily occurrence, and being tied to cot, barricaded in a closet, hit with bats, hammers, chains, a metal pole, an axe, a red hose and belt by Windie and Elizabeth Perry were also frequent punishments for “not cleaning fast enough.”

The teen said Earnest Perry was often gone from the home and did not inflict the “punishments” but also never said anything about what was allegedly happening to them.

Specific incidents involving Windie Perry using jumper cables, a staple gun, pliers on her frenulum and wrapping her face in duct tape and beating her until unconsciousness with a bat were also discussed at length. She also said she was deprived food for as long as five days.

The 15-year-old’s testimony mirrored that of her older sister and two adopted brother who testified earlier in the week and described a one time good life that was shattered by violent abuse abuse.

“At first it was good, when we first got adopted everything was normal,” the 15-year-old said. “We went places, like shopping, out to eat, to church and we dressed up.”

The 15-year-old and her 17-year-old sister had been in the foster care system for 5 years and came to the Perrys home as young children, the only two not adopted as infants. The abuse began after July 2006, she testified.

“Things were rough,” she said. “We got abused…we got hit on a lot with chains, belts, ropes anything.”

The teen said being confined and locked inside of a dog kennels with her older sister was almost a daily occurrence, and being tied to cot, barricaded in a closet, hit with bats, hammers, chains, a metal pole, an axe, a red hose and belt by Windie and Elizabeth Perry were also frequent punishments for “not cleaning fast enough.”

The teen said Earnest Perry was often gone from the home and did not inflict the “punishments” but also never said anything about what was allegedly happening to them.

Specific incidents involving Windie Perry using jumper cables, a staple gun, pliers on her frenulum and wrapping her face in duct tape and beating her until unconsciousness with a bat were also discussed at length. She also said she was deprived food for as long as five days. ”
Second teen testifies about abuse in Clarksville child abuse, torture trial
[The Leaf Chronicle 1/19/12 by Tavia D. Green]

“The state rested Friday afternoon in the child abuse case against Windie, Earnest and Elizabeth Perry, and several of the 55 counts were dismissed against Earnest and Elizabeth Perry.

Following the announcement to rest, J. Runyon (Windie Perry’s attorney), Assistant Public Defender Charles Bloodworth (Earnest Perry’s lawyer) and Greg Smith (representing Elizabeth Perry) all asked for acquittals on all counts, citing insufficient evidence and other issues with specific charges.

Although Judge John H. Gasaway did not grant those motions, he did dismiss several counts in the indictment before giving the case ti the jury for deliberations next week.

The state, represented by Kimberly Lund, dismissed five counts — two counts of rape against Windie and Elizabeth Perry, one count of especially aggravated kidnapping against all three, a count of aggravated child abuse against Windie and Elizabeth Perry and a count of aggravated child abuse against Windie and Elizabeth Perry.

Gasaway ruled on each count and still has to hear motions and review other counts.

The case was sent back to the grand jury three times over a three-year period for issues with language in the indictment, Bloodworth said.

Charges dismissed

Gasaway went through each count of the indictment, dissecting the facts and testimony presented by the alleged victims.

Several counts against Earnest and Elizabeth Perry were dismissed, with Gasaway citing insufficient evidence. The alleged victims did not testify Earnest or Elizabeth Perry participated in specific incidents of alleged abuse, he said.

• Earnest Perry had 15 of the 18 charges against him dismissed— several counts of especially aggravated kidnapping and aggravated child abuse — by Gasaway or the state.

The jury will hear two counts of aggravated child neglect and one count of especially aggravated kidnapping on allegations Earnest Perry confined one of the girls in a dog kennel and allegedly deprived the two girls of food for three to five days.

Lund argued that Earnest Perry “facilitated” the crimes.

“When he was home, it’s unimaginable for events to go on and he not see bruises or see them in kennels,” Lund said.

Gasaway, however, ruled a person must assist a person in committing a crime to facilitate, and both the alleged victims and other Perry children testified he was rarely home and often was “kicked out” of the house.

Bloodworth announced that Earnest Perry would not testify next week and no evidence would be offered. He also challenged the definition of “kidnapping” and raised a legal issue as to whether a parent can kidnap their own child. Judge Gasaway will rule on the issue at a later time.

• Elizabeth Perry had 21 of the 37 counts against her dismissed, including two counts of child rape and several of especially aggravated kidnapping and aggravated child abuse.

The alleged victims testified Windie Perry acted alone in such acts as placing jumper cables on them, striking one of them with a hammer, duct-taping one girl’s faces and burning one with a curling iron.

A jury will hear 16 counts against Elizabeth Perry, including two of child sex abuse and several of especially aggravated kidnapping.

Smith, argued that Elizabeth could not be charged with aggravated child neglect for allegedly depriving the two girls of food, because she was not their legal or parental guardian.

• Windie Perry, charged in all 45 counts, had 11 counts against her dismissed — five by the state and six by Gasaway, who ruled the alleged victims did not testify to the specific allegations in those counts.

Permanent scars

The state’s final witness, Dr. Wesley Thayer, a Vanderbilt University plastic surgeon, testified he treated the alleged victims for scarring on their bodies.

“They were brought in by a foster parent with a chief complaint of scars. I reviewed their history and they told me they suffered traumatic events and had scars on their legs. They were concerned about the scars and wanted to know if I could treat these scars.”

The 13-year-old had “bilateral scarring” and the 11-year-old had scarring on her hands and wrists, Thayer said.

“It was consistent with some type of restriction, it seems as it had been multiple and repetitive trauma where these children had been trying to get out of some circumferential device,” Thayer said. “They had multiple scars that were very noticeable.”

Based on the amount, Thayer said the scars showed multiple events of trauma and surgery was performed to minimize scarring.

“The scars caused these children significant emotional distress. They were not only noticeable, but they’d been evaluated by a psychiatrist and it was reported these scars bothered them and they did not improve with therapy … that helps improve scarring. Their scars did not improve and some scars, I thought we could make less noticeable.”

The two girls are permanently scarred.

“They told me the scars had come from being bound,” Thayer said. “They did not say each and every scar … one had come from an ax, I was told.”

Friday Morning, more medical evidence was presented when Jaha Martin, a sexual assault examiner for Our Kids, and Beverly Cotton, a former sexual assault examiner at Our Kids testified.

Our Kids is a specialized clinic that performs exams on children who have possibly been victims of sex abuse.

Martin testified she spoke with the then-11-year-old and then-13-year-old victims following the allegations in March 2008.

She said while the 13-year-old girl told her she had been placed in a dog kennel, hit with a pole and burned with boiling hot water, her body language began to change.

“I was directly across from her and she was on a love seat,” Martin said. “She gradually curled into the fetal position, and after she finished telling me she straightened back up.”

The then-11-year-old alleged victim disclosed she had been tied to a cot, duct-taped, cut with an ax on her arm and had jumper cables put on her lips, Martin said.

The girl also went into detail about being raped with an object. When asked who did those things, both girls said Windie and Elizabeth Perry. The older girl implicated her adoptive brother in the beatings.

Cotton performed a sexual assault exam on the 11-year-old using a specially magnified camera.

“I noticed it was a complete absence of hymen tissue, which is consistent with the history she gave of having an object inserted into her,” Cotton said.

Cotton explained there was injury to the hymen.

Dr. Jeffrey Watson, a Vanderbilt orthopedic surgeon, testified he performed two surgeries on the older girl, whose thumb was broken.

The 13-year-old girl testified her thumb was broken when Windie Perry pulled it with great force. Her sister testified she tried to put it back in the socket.

“She had injury to her thumb and it didn’t move very well,” Watson said. “She had healing abrasions on both hands, but on the left hand her thumb was contracted to the body of her hand and clinched closely.”

The middle bone of her thumb was fractured and the base of the thumb contracted closely to the palm.

“Her fracture was unusual because most fractures that break at the location heal quite rapidly with little formal care,” Watson said. “The way it heals may not be ideal if it is not splinted. In this patient, the fracture had not healed and had given up healing.”

Breaks involving children usually heal quickly.

“It had not healed and it was not an acute fracture … it happened a while back, more than a month ago, “Watson said. “For a fracture to give up healing, it had to be subject to a lot of movement.”

Watson testified the break could have been the result of blunt force trauma, the thumb being pulled by a significant amount of force or from force in any direction or hyper-extension.

The 13-year-old underwent two surgeries to realign her bone and remove tissue to release her thumb from contraction.

Even with the surgeries she does not have normal use of her thumb.

“The thumb is still stiff and she can’t open her thumb widely … she has a limited ability to grab larger objects,” Watson said. “She also has diminished power and grip.”
Judge, state dismiss numerous counts in Clarksville child abuse trial
[The Leaf Chronicle 1/20/12 by Tavia D. Green]

Update 5: “This morning the fifth day of trial for the Perry family began with J. Runyon, Windie Perry’s attorney putting forth evidence geared at showing the jury testimony given by the alleged victims was uncredible.”

“Today Charles Bloodworth, assistant public defender, stated Ernest Perry would not put forth any evidence and would not testify.

Runyon estimated it would take a day to present all of the defense’s witnesses for Windie Perry.

Greg Smith, said he had a few witnesses to testify in behalf of Elizabeth Perry.

After the defense is finished with their evidence, the State will have a chance to offer rebuttal evidence.

At the conclusion of all evidence, Judge John H. Gasaway will prepare jury instructions which will be extensive. He will take a day or half- day to prepare the instructions before the jury is read instructions and closing statements are made.

The jury will then begin deliberation. It is not known what day this week deliberation will begin.

Foster parents question alleged victim’s honesty

The first witness called to testify by Runyon was Kevin Finch, a firefighter and was the Perrys’ neighbor at the time of the alleged abuse.

Finch testified he had often seen the Perry children, including the two alleged victims, playing in the yard, planting flowers and riding bicycles. He said he often seen all the children dressed nicely for church.

Finch said he never noticed anything unusual or suspected any type of abuse was going on.

“I didn’t see anything that would raise a red flag,” Finch said. “I didn’t see anything to make me suspect anything was going on.”

When shown pictures of the girl’s scars and bruises he testified he never saw those scars and if he had would have sought help. ”

Two foster parents the two alleged victims were placed with following the abuse allegations arose, took the stand and testified about the behavior of the two girls.

Both foster parents said they had witnessed the girls lying and they had other behavior issue.

For a year, Christina Hite was a foster parent interested in adopting the two girls, but said things that happened in her home made her not want to adopt the older girl.

When the two girls arrived at her home she believed “every word that came out of their mouth,” she said.

But Hite said her opinion changed when she witnessed the younger girl throwing a tempter tantrum, because she was sent to her room and the girl said “I’m tired of you abusing me.” She also had to call the police on one of the girls for violent behavior.

“The older girl had got expelled from school for fighting a girl who we classify as “emo,” Hite said. “The girl was was a cutter and was depressed and I said to (the older girl), ‘how dare you make fun of a child who has depression and cuts themselves when you are a victim of cutting. She went psychotic, she started screaming at me and my husband and walked up and down the street. We called the police and I don’t remember if they took her and we had to go get her.”

The woman also said she had concerns that she wanted to tell Lund, assistant district attorney and Clarksville Police investigators, but as a foster parent was advised not to, because of confidentiality.

“I needed to tell someone..I needed to let someone know what the (younger alleged victim) told me,” Hite said. “…she told me in the car they had a biological sister that came to Clarksville with them and she cut them with a knife. The older one shushed her immediately. That has ate away at me and my heart. It’s weighed on me.”

During testimony last week, both girl’s denied their older sister chased them with a knife and cut them.

Hite also said she saw the two girls act out in sexual ways, speak about doing detailed violent acts and the older one was involved in a fight. She also said the two girls would not take baths as a form of rebellion and she had to talk to them.

On March 18, 2008, when the older one ran away from the Perrys’ R.S. Bradley home she testified Windie Perry hit her in the mouth with a spatula and in the head with a rolling pin for doing something wrong.

Several witnesses testified both the alleged victims were very dirty and unkept on March 18, 2008 when the allegations arose.

When talking about that day, Hite testified the older one told her ‘she was begging Mrs. Perry to have a boyfriend and she ran because Mrs. Perry hit her with a spatula.”

Hite also said the older one told her she received a scar on her leg at one point because she was hit with a bat and then another time, because she was ‘bit by a spider’ and Windie Perry had to drain it.

The older girl testified last week, Windie Perry hit her with a baseball bat and a blister formed that had Windie Perry used an insulin needle on to drain and suck the pus and blood out of.

Hite said the girl’s “liked to get sympathy.”

“For my husband’s birthday, we went out to eat and they would tell people they were the ones abused by the Perrys.”

She talked to the them about keeping that matter a subject to be discussed with case workers.

The former foster mother said, “It seems they tried to play all ends against each other,” Hite said. “They were good at manipulating.”

Hite said she expressed to the Department of Children’s services that the two sister should be separated, but it did not happen.

Lund, cross examined Hite asking her about nightmares the two girls had.

Hite said both girls’ had reoccurring nightmares and other issues with sleeping.

She also testified when asked that the girl’s did tell her about violent things that happened to them, she saw injuries on their body and they both had expressed fear of Windie and Elizabeth Perry, but not Ernest Perry.

She also agreed of the numerous foster children she’d had some had thrown tantrums and were good at manipulating.

Runyon asked Hite about a specific dream the older girl had.

“She said in a dream Windie Perry came to her and said, ‘tell the truth, just tell the truth. I’m not mad at you,” Hite said.

Fred Tedescucci, one of the Perry children’s first foster care placement following the allegations said he too witnessed the two girls fight each other, being rowdy, argumentative and fussing a lot.

He also said he saw them being “mean-spirited” and there was “non-stop fighting and fussing”

“You might say that’s just children, but it comes to a point were you say wait a minute, she is trying to get that child in trouble by telling a lie,” Tedescucci said.

On cross examination, Tedescucci said the two girls were not removed from his home for behavior issues and said he would expect an abused child coming from a violent environment to have a hard time.

In his many years of being a foster parent, he said the two girls were not the first to be hard to handle.

But he said he did not think they were honest people
.
Elizabeth Perry’s attorney, Greg Smith, called one of the Perrys’ church members, Hiliary Lewis, to testify. Lewis testified often saw the two alleged victims at church and had not noticed they were dressed any different.

Testimony earlier from the victims revealed they were forced to wear turtlnecks and long skirts to cover their scars and were not always at church with the family.

Lewis said the whole family came to church together.

When Lund, showed the photos of the severe bruises on their body to him, he said he had not seen them and said if he had he would have sought help.

The jury was dismissed for lunch at 11 a.m. so a evidentiary hearing could be held, where the younger alleged victim was questioned about possible sex abuse prior to entering the Perrys’ home.

Previously, the girl testified that she was sexually assaulted on at least two occasions by Windie Perry.
.
Court will resume at 1 p.m.”
Defense presents case in Clarksville child abuse, torture trial
[The Leaf Chronicle 1/23/12 by Tavia D. Green]

“Windie Perry’s face has shown great sorrow as she’s sat and listened to testimony in the aggravated child abuse and torture case accusing her beating, starving and sexually assaulting two girls she adopted in 2004.

She as well her husband, Ernest and daughter Elizabeth, also standing trial, have shown no great emotion, but seemed to be listening attentively to each word spoken.

But testimony from numerous church members this morning brought the mother who adopted seven children and fostered many more to tears as they revealed they believed Windie was a good mother, who loved her children and had suffered greatly from losing custody of them.

Pearl Mae “Momma” Lucas,has known the Perrys for about 15 years and attends church with them. She said she always saw the Perrys smiling and were a loving family.

“At first it was so overwhelming to her taking her children, she didn’t want to go home. She was sick she was lonesome without her children, she lost a lot of weight,” Lucas said. “It almost took her life to have those kids gone.

“That woman would give her life for her children and I tell you one thing if someone picked on one of the kids…she would give her life for her children,” Lucas said. “If someone picked on one of her children you’d have problems she’d get after you.”

During the morning break, Windie approached a friend, who has attended everyday of the trial and sobbed in her arms.

Today, the sixth day of the Perry trial, began with J. Runyon, Windie’s attorney calling several character witnesses.

After Runyon finished calling witnesses the defense, including Greg Smith, Elizabeth Perry’s attorney and Charles Bloodworth, Ernest Perry’s attorney, all rested their cases.

The jury was dismissed for the day at about 11:30 a.m.

This afternoon Judge John H. Gasaway will conduct a charge conference, to determine what charges and lesser included charges the jury will hear.

Wednesday morning any rebuttal evidence the State-represented by Kimberly Lund and John Finklea, assistant district attorneys-will be heard.

Gasaway said he will need some time to prepare jury instructions and it could take several hours to read jury instructions.

Following jury instructions, the State and defense will give a closing argument.

Windie, Ernest and Elizabeth Perry chose not to take the stand in their own defense.

Court will resume at 12:45 p.m.

A loving family

Michelle Mitchell-Fraley, who has five adopted special needs children , is a friend of the Perrys and has been since 2002. She was apart of the home school co-op that met once a week.

Mitchell-Fraley, described Windie Perry as a “kindred-spirits” when she met them, being similar to her family

“Her personality, her spirit, her joy, drew me to her,” Mitchell-Frayley said. “A special needs child is anyone who is not a healthy, white newborn infant. They are hard to place, they could’ve been sexually abused..that’s what we talked about why we had adopted, the great need an our passion getting children into homes.”

In 2008, Mitchell-Fraley said she collapsed in grief when she heard the allegations against the Perry.

She said she knew the two alleged victim through the co-op.

“I observed them going from class to class, meeting their parents between classes, as all the children they looked like regular kids,” Mitchell-Fraley. “There was no indication they were being abused. It was the opposite. They were eager and willing to meet their children between classes. They came to them and hugged.”

Mitchell-Fraley said her children were in Windie Perry’s sewing and cooking class.
“Knowing what you know now would you allow the Perrys to care for your children,” Runyon asked.

“Absolutely or my grandchildren, no doubt,” Mitchell-Fraley said.

On cross examination, Lund asked if the children seemed as if they were cared for.
“They seemed like regular joyful happy children,” Mitchell-Fraley said.

She then showed Mitchell-Fraley a picture of one of the children in the hospital with marks and bruises all over the her arms. Mitchell-Fraley said she had never seen those bruises.

After seeing the marks, Mitchell-Fraley said she felt the same way about the Perrys even after seeing the picture.
Pearl Lucas said the two alleged victims did go to church and were always in church.

“The Perry family when they came to church the kids was dressed really cute,” Lucas said. “Little girls with their hair pretty, with bows and cute dresses and shoes and little doll clothes. They sat in front of us and I would play with the little boy, a family like mines. I had eight.”

The allegations had a devastating effect on the whole family, Lucas said.

“After all of this happened the church was called, we were having choir practice they called so we could start to pray, then we went to DHS were they where,” Lucas said. “We went to see what we could do to help. We were able by being there all night until 4 a.m,. we took five of the children home with us.”

Lucas said the children at DHS looked sad.

“I’m sure those kids were missing their parent you know,” Lucas “We didn’t talk to them and we didn’t ask them any questions.”

The younger alleged victim was in her home after the allegations. She said the alleged victim and the other children didn’t eat too much of the country style breakfast she cooked.

Lucas said she saw the Perrys weekly.

“They were just a family in church serving God,” Lucas said. “That’s a family and it included the two alleged victims.”

Lucas said she never made a statement to police about what she testified to.

The day she saw the younger one she said she looked alright and looked fine.

Compared to the other children she said the younger one was dressed no different than the other kids.

Law enforcement testified the younger one was dirty, with no hygiene and had on ill-fitted dirty clothes, matted hair and was bruised all over her body. Nurses and doctors testified the other children were dressed nice.

Lucas said if she knew of any abuse she would’ve called someone Several other church members and friends testified that they had observed the Perrys at church and participate in church plays, fashion shows and classes

None suspected any kind of abuse and said they all trusted the Perrys with their children.

Close friend describes troubled children

Ramona Cherry, a family friend of the Perrys, testified she’s known the family for about 16 years.

“I met Mrs. Perry the first time at DCS, we wanted to adopt so we started foster care and in our meetings and that’s how I met (them),” Cherry said. “… I’m from Germany. It’s along way from home and I got new relatives over here. The Perrys were the closest thing to family that I had over here.”

The Perrys and Cherrys, shopped, recreated and exercised together often having activities with their children. .

“We had a lot of things going especially for the children,” Cherry said. “It was a loving happy family.”
Cherry said when she met the two alleged victims she had a feeling.

“When I first saw the children before Mrs. Perry finalized the adoption she brought them to the house for a visit and the first time I saw them girls the first impression I had was that they are not happy children. “

When she first saw them on the internet when Windie Perry told her she would adopt them.

“They were pitiful, sad unhappy,” Cherry said. “After they came to Clarksville she tried to introduce them to friends and tried to make it home, tried to make them part of their family. But the more she tried the more they refused to be part of their family. They didn’t want to be a part of their family.”

“…The only thing was the first time I saw them is the older one had a lot of power over the younger one. If the younger one tried to do something the older one looked and she stopped right away.”

The Cherrys and Perrys celebrated most of the holidays together and on Thanksgiving Cherry said the girl’s ate. Earlier testimony suggested the girls were locked in a dog kennel and fed scraps on Thanksgiving.

“Those girls were shocked like they never saw that much food at one time on a table. They ate and were asking questions like they never had that before. She bought all these things so they could taste it and know what it taste like and what it is.”

The Cherrys said the other Perry children were quiet, well-behaved and well-mannered.

“I’ve been to every birthday party for all their children, I’ve spent Christmas with the Perrys,” Cherry said. Cherry said she witnessed Windie Perry getting presents for her children.

In Christmas 2007, Cherry said she brought presents to all the Perry children. In Thanksgiving 2007, they went over the Perrys for a short time and bought craft items.

“Everybody helped do table decorations for Thanksgiving, they were included,” Cherry said. “They were in the kitchen eating ham, turkey, dressing.”

Cherry said there was nothing unusual about that day.

On non-holidays, Cherry said she often came to the Perrys, because her husband worked night-shifts and her and her son would spend time at the home.

Cherry said she saw rubber bands and scratches on their arms.

“We told Mrs. Perry it can cut off their blood circulations,” Cherry said.

Cherrry said she never saw anything in all the years she knew the Perrys to show abuse.

She said the two girls were outside playing with her son, riding bikes and playing in the yard.

She said she saw the girls try to comb and press their hair. She said the younger one burned her head.

“She was say I want to do the same thing my momma’s doing,” Cherry said.

She also said she saw the older one strike the younger one In March 2008, Cherry said the Perrys’ basement flooded and water was ankle level and they had to take everything downstairs upstairs. Early testimony from law enforcement said the home was filthy and smelled of dog feces when searched in March 2008.

“Mrs. Perry cleaned and cooked all day long with all of these children she had to,” Cherry said.
Cherry said the whole family accepted the two alleged victims when they first came, but it was not reciprocated.

“We were together almost every other day, if we weren’t together we called each other,” Cherry said.
Cherry said they had almost daily contact and she always saw the two girls at least four times a week. She never saw them tied to a bed or locked in a dog kennel.

“They are my son’s god parents and we are trained for stuff like that. If I had’ve seen anything or had the slightest thought any of her children had been abused they would’ve been turned in,” Cherry said.

Cherry said she still believes the Perrys.

Cherry said she was once a foster mom and sheltered at least 120 children.

Lund asked if Cherry had ever fought with her siblings and she said she had, but said with the two alleged victims it was a controlling and the younger sibling was scared.

The marks on the two alleged victims Cherry said she thinks came from when the girls were in Chattanooga.

Cherry said she believed the girl’s were well cared for by the Perrys.

When asked if on March 2008 it would be surprising the girls smelled like urine

“If they didn’t want to go somewhere they peed on themselves,” Cherry said. “They throwed up and did things like if I don’t get what I want I will show you what I can do, I will make you miserable by urinating on themselves nad throwing up.”

Cherry said it would surprise her if the girls’ hair was matted but not if they were dressed bad and didn’t have underwear on.

“They didn’t want to wear dresses or dress up,” Cherry said. “They wanted to look like children from the hood.”

The other children, Cherry said were truthful, not rebellious and good kids.

Smith showed Cherry a photo of Windie and the two alleged-victims smiling standing in the Perrys kitchen.

“Usually she was cooking and the children were helping and trying to learn a little bit,” Cherry said.
Elizabeth was usually at the church working.

Cherry said she underwent special training as a foster parent to look for child abuse, mental, physical and sexual abuse.

“some children you have to look at them and you can see from the way they talk, move or a are sitting down… they train you for all that,” Cherry said. “I was there just about every other day… the younger one when she first came she was like who are you, but after she got to know us she was a lovely child. She was different than the older one. She was more loveable she came and gave you a hug and talked to you. The older one was more distant.”

It was Christmas after they got there. We bought them my little ponies, when they opened them up and saw all that the younger one came and gave me a hug and said thank you. On a birthday, the older one came and gave her a hug.

She said the Perrys knew what her children liked and Windie Perry gave her children what they liked.
Cherry said she would not lie for the Perrys. “I have no reason to.”

Psychologist testifies

Dr. Erin Fowler, a clinical psychologist, testified in April 2008, she conducted a psychological evaluation on the older girl.

After referring to a report, Fowler testified the older alleged victim disclosed she was six to seven years old when she was allegedly abused by the Perrys and it continued for a long period of time, but that the abuse started after she was adopted.

Previous testimony the girls were adopted by the Perrys in the summer of 2004 and the alleged abuse occurred after between July 2006 and March 2008, when the older girl was between 11-13 years old and the younger between 9-11 years old.

Fowler said the girl told her she was beat with hammers and bats at the age of 6 and 7.

During the evaluation, Fowler evaluated the older girl on “story recall,” an achievement test where a child reads a brief passage and recalls the details minutes later. The older girl scored high on the story recall test.

Fowler also testified the test was for educational reasons.
Kimberly Lund, assistant district attorney, asked Fowler during evaluation how children can centralize time in children.

“Children who have had several disruptions or moves through foster care tend to be more weak at this than children with a more stable environment. They have an inability to accurately pinpoint times before six or seven and then it gradually improves,” Fowler said.

Fowler agreed that a child not around a lot of environmental cues could lose track of time easily.

“Children who have a lot of guidance in their home life usually have greater skills in that area,” Fowler said.

Greg Smith, Elizabeth Perry’s attorney, asked about behavior problems in minors and parroting and if a child repeats what they’ve heard from someone in authority.

“I don’t think parroting would be the definition you’d use. Children are subject to influence by adults and if they are repeatedly told something by adults they can adopt those beliefs,” Fowler said. “…I think most children understand that lying has consequences and if they are intentionally telling a story or lying it may not go well.”
Defense rests case in Clarksville child abuse, torture trial
[The Leaf Chronicle 1/24/12]

Update 6: “During the morning break, Windie sat in the courtroom with a friend who has attended every day of the trial, and she sobbed in her arms.

The sixth day of the trial began with several character witnesses and ended with all the defense attorneys resting their cases.

Last week, the 45-count indictment was reduced to 33 counts after Ernest and Elizabeth Perry had a large percentage of charges against them dismissed. Kimberly Lund, assistant district attorney, dismissed an additional two counts against Elizabeth Perry on Tuesday. citing “insufficient evidence.”

Windie Perry, 55, is charged with four counts of child rape, nine counts of especially aggravated kidnapping, 21 counts of aggravated child abuse and two counts of aggravated child neglect.

Ernest Perry, 68, is charged with two counts of aggravated child neglect and one count of especially aggravated kidnapping.

Elizabeth Perry, 23, is charged with four counts of child rape, six counts of especially aggravated kidnapping and four counts of aggravated child abuse.

This morning, any rebuttal evidence from the state – represented by Kimberly Lund and John Finklea, assistant district attorneys – will be heard.

A loving family

The Perry family could often be seen in church together, several church members testified.

“The Perry family, when they came to church, the kids were dressed really cute,” Lucas said. “Little girls with their hair pretty, with bows and cute dresses and shoes and little doll clothes. They sat in front of us and I would play with the little boy. (They were) a family like mine. I had eight … They were just a family in church serving God.”

On March 18, 2008, the then-13-year-old alleged victim ran away from the Perrys’ R.S. Bradley home after she was allegedly hit in the head with a rolling pin and smacked in the mouth with a spatula by Windie.

Lucas and her husband picked the children up from the Department of Children Services and housed them for the night. When she saw the younger alleged victim she said she looked all right and, compared to the other children, was dressed no different.

Law enforcement agents and health care providers testified last week that the two alleged victims were dirty, had body odor, matted hair and had on ill-fitted dirty clothes. Nurses and doctors testified the other children were dressed nice.

Lucas said if she knew of any abuse, she would’ve called someone.

Several other church members and friends testified that they had observed the Perrys at church participating in church plays, fashion shows and classes.”

Testimony in Perry case brings character witnesses
[The Leaf Chronicle 1/25/12 by Tavia Green]

“Dr. Janie Berryman, testified that she provided psycholgical treatment for both of the alleged victims after they were taken from the Perry’s home in March 2008.

The child psycholgist who specializes in child trauma and problematic behavior issues testified that different behavior described of the two alleged victims was not out of the normal for their circumstances.

Not having a sense of time was not out of the ordinary and Berryman said trauma can add to the confusion of a child especially if it is prolonged or over several episodes.

The two girls gave different time frames about when the alleged abuse occurred and often became confused about what age they were during their testimony last week.

Berryman aslo said behavior of an abused child may include trust issue from authority figures, difficulty with anger management, risk taking such as sexually acting out, delinquency and academic issues.

“Some of these kids because they don’t trust people go into fight or flight mode,” Berryman said, explaining some may run away or fight.

She also said although a child may not be around an abuser and be around someone they could tell they usually do not disclose the abuse out of fear or having been threatened among a variety of reasons.

Berryman saw the two alleged victims beginning in 2008 and saw them on more than 30 occassions.

“They were in the beginning of settling…we put out a lot of fires,” Berryman said.

Former foster parents testified this week that the two girls fought each other, lied and were acting out in other ways.

Berryman said issues such as arguments at home and difficuties adjusting were discussed during treatment with the alleged victims.

“Their past experience had been harsh,” Berryman said.

Some of their behaviors were “typical” of foster children and even in teenagers with a non-traumatic past, she said.

Christina Hite, a former foster mother of the two alleged victims testified this week that she became very concerned with some of their behavior.

Berryman said she spoke with Hite on many occassions and Hite was supportive and caring of the girls, but she believed became hyper sensitive to what the girls were doing.

As the first therapeutic foster home the girls were in, Berryman said, Hite experienced the “brunt of the adjustment.”

When asked about ways the girls had acted out inappropriately, Berryman said the girls shared a bed one time for comfort and the younger girl aggravated her older sister by trying to kiss and hug all on her.

“Personal space was an issue we worked on that quite a bit,” Berryman said. “They are very protective of each other. Because of their experience they probably were more defiant. They had each others’ back.”

Runyon asked Berryman about a prior mental health evaluation performed on the now 17-year-old alleged victim in Chattanooga by Department of Children Services.

The report diagnosed her with post-traumatic stress syndrome and other mental health issues a few months before the Perrys took her into foster care.

Berryman later explained Post Traumatic Stress Syndrome and said it can be caused by different things in different people. A foster child could have PSTD because of being displaced numerous times.

Runyon also introduced a note that said someone in Chattanooga warned the Perrys to hide sharp objects from the two alleged victims, one of the alleged victims had found a ring at a mall and lied about it, and one alleged victim had handled a foster parent’s pet dog roughly.

Berryman said none of those behaviors were out of the ordinary for the alleged victims.

“It is a pecking order..” Berryman said. “It doesn’t surprise me that a child who grew up in a hostile environment and take it out on objects or people…every kid can be manipulating, they want it their way and don’t want to hear no, but you have to take into context of what the circumstances are of the manipulation.”

Berryman said she was not aware of any sadistic situation from the foster home where the child made false accusations to leave.

“I think they lied when they were caught or in trouble…it’s called the knee jerk reaction, many do it,” Berryman said. “But as far as making up allegations against a family to be malicious. I’d don’t think that is something we dealt with.”

Court will resume at 12 p.m. with jury instructions and closing argument will follow.

It is unknown if the jury will begin to deliberate today or Thursday morning.”
Jury instructions, closing arguments today in Clarksville child abuse, torture case
[The Leaf Chronicle 1/25/12 by Tavia D. Green]

Update 7 : “The jury foreman read each count of the 34 count indictment in the child abuse, child torture trial of the Perry family and announced that they had become deadlocked or hung on two counts.

The jurors faces showed mental and physical exhaustion, some seemed as if they had become emotional at some point. The faces of the accused showed stress and the room was still as the jury read their verdict:

Windie Perry, 55, was charged with four counts of child rape, 9 counts of especially aggravated kidnapping and 19 counts of aggravated child abuse and two counts aggravated child neglect.

Verdict: Windie was found guilty of the lesser charge of facilitation of rape of a child, two counts of aggravated child abuse, two counts of the lesser charge false imprisonment, two counts of especially aggravated kidnapping, one count of aggravated assault and six counts of reckless endangerment.

She was found not guilty of 19 counts and one count that was hung.

Her bond was revoked and she was turned over to the custody of the Sheriff’s Office until her sentencing hearing on March 13.

Windie, showed little emotion as the verdict was read. Her face saddened and full of grief as she’d cried and prayed all day she said.

During the deliberation, she could be heard praying with her friends. She clutched a Bible as she entered the courtroom to hear the verdict.

As her friends left the courtroom, she sat alone waiting for deputies to take her to be booked in the Montgomery County Jail.

“Obviously, she’s disappointed,” said her attorney, J. Runyon. “I respect the jury system and the jury. ”

Ernest Perry, 68, was charged with two counts of aggravated child neglect and one count of especially aggravated kidnapping.

Verdict: Acquitted of all charges.

When asked about his client, Charles Bloodworth said, “We are proud of his service as a retired 1st Sgt, as an Austin Peay police officer,” Bloodworth said. “He took on adopted children, which is always a risk. He never shied away from difficult situations. His family has always been the most important thing to him.”

Elizabeth Perry, 23, was charged with four counts of child rape, six counts of especially aggravated kidnapping and three counts of aggravated child abuse.

Verdict: Elizabeth was convicted of the lesser charge facilitation of rape of a child, one count of false imprisonment, two counts of the lesser charge facilitation of especially aggravated kidnapping and three counts of reckless endangerment.

She was found not guilty on five counts and one count that was hung.

She was allowed to remain on her same bond and a sentencing date was set for March 13.

Elizabeth, who showed little emotion during the duration of the trial, left the courtroom quickly and could be heard sobbing as her mother prepared to be taken by deputies for booking.

There was one count the jury was deadlocked on.

Kimberly Lund, prosecutor said the trial was the most difficult and extensive case she’s ever tried.

“It’s overwhelming,” she said. “I think the girls got a measure of justice. It’s been very difficult on everyone.”

Lund said the jury was one of the best juries she’s ever worked with.

“They were all diligent, and took notes…that means a lot to the girls.”
After two days and more than 20 hours of deliberation, the jury decided that Ernest Perry was not guilty of all charges, but Windie, 55, and Elizabeth Perry, 23, were guilty of some of the numerous counts they faced.
The jury began deliberating Thursday morning at 8:30 a.m. after hearing about two weeks of evidence.

Friday at 8:30 a.m. they continued their deliberation. Friday afternoon they asked Judge Gasaway to allow them to work into the evening until they reached a verdict.

At 10:30 p.m., Gasaway called them into the courtroom and the foreman announced they had decided 14 counts but were hung on 20. At midnight they had agreed on 18 of those 20 counts.

Jury praised

Judge Gasaway thanked the jury for their service noting that they fulfilled their service and were an excellent jury.

“I want to sincerely thank you for the service you have rendered for the last two weeks, very few are actually called for jury duty and serve for as long as this,” Gasaway said. “It’s been complex…you’ve worked hard and taken your service sincerely and all the trial participants are grateful.”

Attorneys for the defendants and the State lauded the jury’s’ diligence in one of the most extensive and hardest child abuse cases they have ever tried in Montgomery County.

“Regardless of the verdict, this jury worked hard from the beginning,” Charles Bloodworth, Ernest Perry’s attorney said. “Those 14 jurors gave two weeks of their life under strict conditions of no contact. Even riding up and down the elevator became an undertaking. They were given questionnaires, poked and prodded and responded fairly to the inquires from the defense and state. I think we had a fair jury.”

During the questioning portion of the jury selection process, Bloodworth said both sides selected this jury with challenges to dismiss to spare.

“No one was stuck with this jury,” Bloodworth said. “Both sides declared themselves satisfied with the jury. I think it says a lot about the jury we had. (Everyone) was very content with the jury and believed they were a fair minded cross section of the community.”

It was not surprising that the jury took two days to decide on a fair verdict.
“They had to sit as three juries at once and each count of each defendant was like a separate trial,” Bloodworth said.

Shifting through extensive notes taken over a 7-day period and dissecting the case count by count, defendant by defendant and alleged victim by alleged victim was a huge responsibility.”

Bloodworth said it is one of the most extensive cases he has ever been involved in.
“In terms of length of trial, 10-full days it’s the longest I’ve ever been involved in,” Bloodworth said. “This case everything was questioned, the identity of all three, the two complainants. This case had more expert witnesses than any case I’ve ever seen…everything was challenged. .. It has been one of the most difficult cases I’ve had as a defense attorney.”

“Everyone­-prosecutors, the defense, worked hard on this case. It has got to be three times worse on the judge who has got to ensure a fair trial and his secretary who works to help in preparing jury instructions and verdict forms,” Charles Bloodworth, Ernest Perry’s attorney said. “America should feel excited that we are willing to spend this much time, effort and dollars to get a fair result…””

Perrys receive mixed verdict, Windie and Elizabeth convicted, Ernest acquitted
[The Leaf Chronicle 1/28/12 by Tavia D. Green]

Update 8: “A mother and daughter scheduled to be sentenced for the sexual and physical abuse of two adopted girls had their sentencing rescheduled Tuesday in Judge John Gasaway’s court.

Windie Perry, 55, was found guilty of facilitation of rape of a child, two counts of aggravated child abuse, two counts of false imprisonment, two counts of especially aggravated kidnapping, one count of aggravated assault and six counts of reckless endangerment, following a two-week jury trial in January.

Her adopted daughter, Elizabeth Perry, 23 was convicted of facilitation of rape of a child, one count of false imprisonment, two counts of facilitation of especially aggravated kidnapping and three counts of reckless endangerment.

Their sentencing hearing was postponed because Elizabeth Perry is serving a jail sentence in Christian County, Ky., on a shoplifting charge, according to her attorney Greg Smith. Elizabeth Perry is scheduled to be released from jail on March 16.

Gasaway said he wanted Elizabeth and Windie to be sentenced at the same time.

The hearing was rescheduled for April 3.”
Child sex abuse, torture sentencing rescheduled

[The Leaf Chronicle 3/13/12 by Tavia D. Green]

Update 9:Windie gets 20 years and Elizabeth gets 8 years in prison.

Windie Perry gets 20 years, Elizabeth 8 in Clarksville child torture case[WN 4/5/12]

Windie received 20 years in prison but this filing says “the Defendant’s conviction for aggravated assault in Count 36 is reversed and the count is remanded for a new trial on any offenses which qualify as lesser-included offenses of aggravated child abuse that were not originally charged or were charged but which are lesser offenses than aggravated assault.”

http://www.tsc.state.tn.us/sites/default/files/perrywindiel.pdf[Tennessee Court of Criminal Appeals 6/5/15]

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