According to a spokesman at the Florida Dept. of Law Enforcement (FDLE), State Attorney Kirk Zuelch will not investigate an admission by Sheriff Rick Roth that he took money in 1979 from a man who later was convicted of drug smuggling— and then failed to report the recipt of the money on his financial disclosure report.
According to Attorney David Sessions, FDLE's Assistant General Council, that constitutes making a false statement under oath, which is a first degree misdemeanor.
Prior to a 1980 polygraph examination, Roth admitted to the examiner that he had not been truthful in disclosing his finances, as is required by law for law enforcement officers.
In a letter to the press in 1996, Roth said that, in 1979, he had a social encounter with Charles Parry, a former Sheriff's Deputy.
"I was complaining about my low pay," Roth said. "My car had just broken down and I didn't have enough money to fix it. Mr. Parry pulled a $100 bill out of his pocket and handed it to me. At the time, I considered it a loan and planned to pay it back, Unfortunately, I never saw Mr. Parry again and I was unable to pay it back."
Roth said he didn't report the money on his financial disclosure form because he considered it a loan.
I didn't feel uneasy about the money until I heard rumors that Parry might be involved in smuggling of some sort," Roth said. "That's why I discussed it with the polygraph examiner."
In January of this year, FDLE investigators contacted Parry, who now lives in North Carolina. Parry says he doesn't remember giving Roth any money, but he refused to give investigators a sworn tape-recorded statement, according to the FDLE report.
Parry did admit, however, that he had been arrested in 1989, in Miami, for conspiracy to import marijuana. He said he pled guilty, received a one-year sentence and was placed on special parole.
Roth was apparently aware of Parry's alleged smuggling activities as early as 1980. That's when he told the polygraph operator about receiving the money.
In spite of Assistant General Counsel Session's ruling that Roth may have committed a first degree misdemeanor by not reporting the money from Parry, the FDLE concluded earlier this month that "Our inquiry into this matter does not reveal any evidence to conclusively establish criminal violations on the part of Sheriff Roth.
"We have conferred with State Attorney Kirk Zuelch, who concurs with our findings," said Jamie A. McLaughlin, director of executive investigations.
On Tuesday, Key West The Newspaper faxed a note to Sheriff Roth asking: "We understand that the FDLE was able to track down Charles Parry in North Carolina. How do you think they were able to find him and you couldn't? Now that you know where Parry is, do you plan to repay the $100 loan?"
At press time Thursday, Roth had not responded.