STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF DENTISTRY, ) DEPARTMENT OF PROFESSIONAL AND ) OCCUPATIONAL REGULATION, DIVISION ) OF PROFESSIONS, )

)

Petitioner, )

)

vs. ) CASE NO. 75-430

) DR. JOHN ROBERT PARRY, D.D.S. ) LICENSE NO. 5258, )

)

Respondent. )

) IN THE MATTER OF THE REVOCATION ) OR SUSPENSION OF THE LICENSE OF ) DR. JOHN ROBERT PARRY, D.D.S. ) LICENSE NO. 5258 )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice on August 25, 1975, at 10:00 a.m. in Room 349. Orange County Courthouse, 65 East Central Boulevard, Orlando, Florida, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

The Respondent, Dr. John Robert Parry, was charged by the Florida State Board of Dentistry of soliciting James Cox to murder Parry's ex-wife Lil Parry. The Respondent, Dr. John Robert Parry, petitioned the Board for a formal hearing and the matter was referred to the Division of Administrative Hearings for hearing pursuant to Section 120.58, Florida Statutes.

APPEARANCES

For Respondent: James M. Russ, Esquire

441 First Federal Building Orlando, Florida 32801

For Petitioner: James C. Brecher, Esquire

Taylor & Brecher

605 Florida Theatre Building

128 East Forsyth Street Jacksonville, Florida 32202

By stipulation of the parties the Board's case was presented to the Hearing Officer by way of the deposition of Charles Patrick Aaron; the parties having stipulated that had Aaron been present, his testimony would have been that contained in the deposition. By stipulation of the parties, the Respondent's case was presented in a Mitigation Statement; the parties having stipulated that

if Parry had testified, his testimony would have been that contained in the Mitigation Statement.

The Hearing Officer having received the deposition of Charles Patrick Aaron finds that Dr. John Robert Parry prior to Thanksgiving 1974 entered into a series of discussions with Aaron regarding Parry's desire to have his ex-wife killed because of severe emotional and financial problems Parry felt his wife had caused him arising from their divorce.

The Hearing Officer further finds that Dr. John Robert Parry did on the Wednesday prior to Thanksgiving 1974 meet with Aaron and Steve Cox, an undercover public officer, who Dr. John Robert Parry believed to a professional killer; and that at said meeting Dr. John Robert Parry solicited Steve Cox to kill Lil Parry, Dr. John Robert. Parry's ex-wife, offering Cox a maximum of

$2,000 to kill Lil Parry and describing to Cox the manner in which he (Parry) desired the murder to take place. The Hearing Officer notes that though there may have been some indication that Parry's meeting with Cox was to assist Aaron in ridding himself of a professional killer, Parry's conduct at this meeting was consistent with his earlier conduct with Aaron in seeking assistance to murder his wife.

The Hearing Officer has studied the briefs of the parties and has determined that the act of solicitation of another to commit murder is malum per se and reflects adversely upon the individual's character.

The Hearing Officer finds that Dr. John Robert Parry has violated Section 466.24(3)(a), Florida Statutes, by having conducted his personal affairs in a manner which would bring discredit on the dental profession.

Wherefore the Hearing Officer having found Dr. John Robert Parry in violation of Section 466.24(3)(a), Florida Statutes, by having solicited Steve Cox to kill his ex-wife, Lil Parry, recommends that Dr. John Robert Parry's license be revoked.

DONE and ORDERED this 13th day of October, 1975.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

James R. Russ, Esquire

441 First Federal Building Orlando, Florida 32801

James C. Brecher, Esquire Taylor & Brecher

605 Florida Theatre Building

128 East Forsyth Street Jacksonville, Florida 32202

Docket for Case No: 75-000430

Orders for Case No: 75-000430