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East Providence

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East Providence canvassers rule on residence

01:00 AM EDT on Thursday, October 11, 2007

By Alisha A. Pina

Journal Staff Writer

EAST PROVIDENCE — It didn’t matter that his family has owned it for more than 50 years.

It didn’t matter if that was the address the state Department of Motor Vehicles had on file for his license and registered vehicles.

And it didn’t matter that his prescription medications were in the kitchen and numerous pairs of shoes were at its entry when a police officer arrived.

The city’s Board of Canvassers still didn’t believe 119 Lyon Ave. was Anthony S. Perry Sr.’s current “fixed and established domicile,” which is a state requirement necessary to vote. They argue his real home for the last few years has been 962 Veterans Memorial Parkway, a property he co-owns with longtime girlfriend, Gail Hogan.

So the board unanimously restricted Perry last night from voting again with a home address of 119 Lyon Ave.

“This is a travesty,” said Perry’s lawyer, Stephen Napolitano, of Providence. He said bank records, credit card applications and 30 years of voting with the Lyon Avenue address should have proved to the board that Perry calls that his home and not the other address. “It really is.”

After the more than two-hour hearing concluded, Perry said, “I was railroaded. It’s going to go to court and I’ll win there. They [the board] didn’t like me from the start.”

Yet board members Peter Barilla Sr. and Thomas Riley said it was the evidence presented that made up their minds. A police officer’s report, assessment property information and voting records were gathered shortly after former Mayor Bruce Rogers challenged Perry’s voting privileges in the city’s Ward 2, which contains Lyon Avenue.

Veterans Memorial Parkway is in Ward 3.

“Mr. Rogers challenged [Perry’s voting in 2006],” Barilla said afterward. “The police report from 2005 on said [Perry’s] residence was 962 Veterans Memorial Parkway.”

The report prepared by Detective Michael Petow — who testified at the hearing and said, “there is no evidence [in his report] to refute” Perry lives on Lyon Avenue — had at least two occasions where Perry told officers the Ward 3 property was where he lived. A Massachusetts court order was also served to Perry at that home.

In addition, Riley said there are no utilities in Perry’s name at the Lyon Avenue property. Perry also transferred the property to his son, Mikel, in 2004, and Riley believes it didn’t matter whether that transaction was made only for the son to get a loan.

Riley also said the majority of Perry’s cars are parked at Veterans Memorial Parkway and all of Perry’s mail is forwarded to his business, a yacht club on Pier Road. Perry even filed his federal and state taxes, personal and for his business, using his business address and not Lyon Avenue.

“Other than a driver’s license, I have found nothing tying him to Lyon Avenue,” Riley said. “… Where his domicile is is where he lays his head at night.”

Said Rogers afterward, “I think it was an excellent decision. It has been a known fact for quite some time that he has lived at 962 Veterans…. It’s time that this stops.”

Perry will appeal to the state’s Board of Elections. Napolitano said given it is not an election year, the state board may hear the case and render a decision fairly quickly.

apina@projo.com

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