Preliminary hearing for Bismark Dinius

[rooster]

I have been following this for a while now.I can't belive it has gone this far:mad: Latitude 38:


QUOTE
May 21, 2008 – Lake County

The preliminary hearing on vehicular manslaughter charges against Bismarck Dinius, 39, of Carmichael, was held yesterday and will continue today in Lakeport in Lake County. The charges were filed as a result of the death of Lynn Thornton, 51, who was killed on the O'Day 28 Beats Workin' II on the windless night of April 29, 2006, on Clear Lake. Dinius happened to be sitting at the helmsman's position of the sailboat at the time Thornton suffered the injuries that would kill her.

We think that Dinius to defend himself on these charges is a travesty of justice, as what really caused Thornton's death is Russell Perdock of Lake County slamming his appropriately named Baja Outlaw 24-ft powerboat into Beats Workin' II at 40 mph or more. Why hasn't Perdock been charged? There can only be one explanation in our mind — he's the number two man at the Lake County Sheriff's Department, and law enforcement up there, based on this case, appears to be corrupt as hell.

As ridiculous as it might sound, the prosecutors, colleagues of Perdock's, are claiming that Thornton's death was Dinius' fault because, although he was not the skipper of the boat, he was at the helmsman's position, he was under the influence of alcohol, and that the boat's running lights were not on.

It is true that Dinius was over the current alcohol limit, although he was under the old limit for being intoxicated. In other words, he wasn't smashed. In any event, given the windless conditions, there was no way he — or any other sailor — could have avoided a powerboat coming at him out of the black at 40+ mph.

There are conflicting reports about whether or not Beats Workin' II had her running lights on. Several witnesses on shore, including a retired law enforcement officer, said the running lights were on. Tellingly, these witnesses had to be forced upon law enforcement officials, who had said they didn't need any more testimony. Furthermore, William Chilcott, a marine safety scientist, has testified that Beats Workin' II's running lights had been on and went off at the instant of impact.

Even more interesting is the testimony of Wes Dodd who, during the course of his career, has investigated over 625 marine accidents while in law enforcement, and 27 more since he retired in '01. Get this — although Dodd taught Lake County law enforcement officials everything they know about boat accident investigations, he has concluded that Perdock, one of their own, was the primary cause of Thorton's death:

"My conclusion is that speed was the primary factor in this collision. In order to ramp the sailboat and cause the amount of damage done, Mr. Perdock would have had to be going 40+ miles per hour . . ." Indeed, Perdock admitted that he was travelling that fast. In fact, he's testified that he'd done it on a number of other times on pitch black nights, in violation of the most basic rule of the road. Perdock, Mr. Law Enforcement, has never taken a safe boating course.

Dodd went on to testify that "due to darkness and poor visibility, Mr. Perdock should have reduced his speed to avoid collision or damage."

In addition, Dodd absolves Dinius of responsibility. "Had Mr. Dinius not been intoxicated, he would have not been able to maneuver the sailboat in time to avoid the collision. Had Mr. Perdock been operating his vessel at a safe, prudent speed, this accident could have been avoided."

Our reaction is, "Well, duh!" But with the Lake County Sheriff's Department working so hard to convict Dinius in an apparent attempt to divert attention from Perdock, the real culprit, there is no way to avoid having to go through the obvious.

We want to compliment Dan Noyes and the Channel 7 I-Team news for having jumped on and stayed with this story at a time when only Latitude had been covering it in detail and calling attention to the outrage. As if things weren't so disgusting in Lake County already, Noyes has uncovered more: "Late on Tuesday afternoon, the I-Team learned that, just this past Sunday, a sergeant came forward to say he'd been instructed on shore the night of the accident not to give a breath test to Russell Perdock."

If justice is done, we'll soon be able to tell you: 1) That the manslaughter charges against Dinius have been dropped; 2) Lake County has agreed to pay all his legal fees; 3) That Perdock has been indicted for the death of Lynn Thornton, and 4) That the Lake County District Attorney has resigned.

- latitude / rs

[John Meachen]

I have also been following this shameful story.The travesty that the local law enforcement department are trying to achieve must not be allowed to occur.

[Andrew Craig-Bennett]

I knew nothing of this. Thank you for posting it.

How disgraceful.:mad:

[rooster]

Thanks,I feel that this travesty needs more exposure! Most of my info. has come latitude 38. This is from fri.

Dinius Prelim Hearing Delayed

May 23, 2008 – Lakeport, Lake County
In Wednesday's 'Lectronic (http://www.latitude38.com/lectronic/lectronicday.lasso?date=2008-05-21&dayid=116), we reported that Bismarck Dinius' preliminary hearing on vehicular manslaughter charges had begun. After just three days of testimony, the hearing has been put on hold until June 10 due to scheduling conflicts.
One of the more interesting pieces of information to come out of the hearing was Deputy James Beland's testimony that, after Deputy Sheriff Russell Perdock — who slammed his powerboat into the drifting sailboat Beats Workin' II at 40+ mph on a pitch black night on Clear Lake, killing Willows resident Lynn Thornton — had given a blood sample at the local hospital, co-worker Beland "drove him around" for more than an hour before taking him home — with the blood sample in the car, no less. Beland couldn't recall what they did or talked about during that hour, but he insisted they didn't talk about the accident. Really? Did they talk about the weather or how the Red Sox were doing? Perdock testified the next day that he was "certain" Beland didn't drive him home, but he didn't say how he got there.
Outside the courtroom, Deputy District Attorney John Langan told a reporter for the Lake County Record-Bee that his job was "to evaluate the evidence as it is and determine if we can go forward. The issue is whether or not Mr. Dinius committed a negligent act or omission while operating the boat, and whether that act caused the death of Ms. Thornton." In other words, if Dinius could not have predicted or foreseen the accident, he cannot be held liable. Could it be that someone in the Lake County DA's office is finally thinking rationally?

As we were writing this up for today's edition, we got a call from Dinius. "Everyone keeps asking that," he said when asked how he was doing. He said the support he's received from the community — and complete strangers — has renewed his faith in human nature. "I didn't cause this accident or Lynn's death — my conscience is clear. I'm not going to let it run my life."
Indeed, Bismarck Dinius is another study in resolve and bravery. "I'm getting married in June," he revealed, "and will be racing in the Catalina 22 Nationals next week in Grapevine, Texas." Look for his report on the event in a future 'Lectronic.
If you'd like to help a fellow sailor, you can donate to Dinius' defense fund by sending checks made out to Bismarck Dinius, writing “Bismarck Dinius Defense Fund” in the memo section, to Sierra Central Credit Union, Attn: Brian Foxworthy, Branch Manager, 306 N. Sunrise Ave., Roseville, CA 95661.
Another way to help was brought to our attention by ‘Lectronic reader Will Sitch. “An analyst at the Public Investigations Unit of the Attorney General’s office said they were following the case to determine if there has been some impropriety in the actions of the Lake County DA, and that the general public should email their opinions. He said that no one would reply but that the responses would be used primarily for statistical analysis purposes to determine the scope of the level of public interest in the case.”

- latitude / ld

ed.

[rooster]

Here's what the local paper has to say ..check out the comments at the end.
http://lakeconews.com/index.php?option=com_content&task=view&id=4272

[rooster]

This just keeps getting worse.I got this off the Lat.38 website 6/12/08
Rooster

In just the next chapter in the book on complete crap justice in California, on Wednesday Judge Richard Martin ruled there was enough evidence for 39-year-old Bismarck Dinius of Sacramento to stand trial on charges of vehicular manslaughter in the April 29, 2006, boating accident on Clear Lake that resulted in the death of Lynn Thornton.
In a world where there was even a smidgen of justice, Judge Martin would have stopped the four-day hearing during the first 10 minutes to excoriate the Lake County District Attorney for charging the wrong man with the crime.
For as the outrage now stands, Deputy Sheriff Russell Perdock, who on that dark night slammed his high-powered speedboat into the quarter of the sailboat that Thornton was on at an admitted 40 to 45 mph — and perhaps as fast as 60 mph — hasn't been charged with anything!
Even a moron in robes would have recognized that Thornton would not have been killed, let alone injured, had Perdock not been violating the most basic rules of the road. Even a moron in robes would have recognized that Thornton would not have been killed, let alone injured, had Perdock followed even the most basic notion of common sense.
We ask all of you to put yourselves, as ordinary citizens, in Perdock's blood-soaked boat shoes. If you'd been operating your boat at 40 to 45 mph on a pitch black lake at night, knowing full well that there were often boats and rafts on the lake after dark, and slammed into a stationary boat, killing a woman, do you think the District Attorney would have patted you on the back and said, "Don't worry about it, you didn't do anything wrong"? Or do you think he would have kicked your ass in jail and thrown away the key? And if that was the case for you, do you think it was or should be any different if the negligent boat operator was a colleague of the D.A.'s in law enforcement?
The prosecution's case rests on two main contentions. First, that the running lights of the sailboat in question, Beats Workin' II, were not on. Although the District Attorney apparently didn't want to hear it, at least two witnesses, including a former law enforcement officer, have testified that the sailboat's running lights were on prior to the collision. Second, that Bismarck, who happened to be at the helm as opposed to the owner of the boat, who was a few feet away, had a blood level of .12, which is over the legal limit. It's true that Bismarck should not have been over the limit — a few years back, mind you, he would have been under it — but what's much more important is that even a stone cold sober Russell Coutts couldn't have driven the near motionless sailboat out of the path of Perdock's powerboat roaring at them out of the blackness.
Bismarck Dinius is slated to stand trial this fall . . . unless, against all odds, someone in this entirely corrupt process decides that their vow to stand for truth and justice really means something. That somebody should be former California Governor Jerry Brown, who is currently the Attorney General of the State of California. So what's it going to be Jerry — are you going to just sit there and collect yet another state paycheck, or do you still really give a **** about justice? And please give your answer in a loud and clear voice, because we all want to hear your response.
If you'd like to donate to Dinius' defense fund, send checks made out to Bismarck Dinius, writing “Bismarck Dinius Defense Fund” in the memo section, to Sierra Central Credit Union, Attn: Brian Foxworthy, Branch Manager, 306 N. Sunrise Ave., Roseville, CA 95661. You can also email your opinion on this case to the Public Investigations Unit of Mr. Brown's office.

[John Meachen]

The stink emanating from this case is overwhelming.Somebody should definitely be facing charges and it should not be Bismarck Dinius.The question is who polices the police?

[Kasey]

In California??? Obviously you've never been there!

[Hwyl]

This just keeps getting worse.I got this off the Lat.38 website 6/12/08
Rooster

I. You can also email your opinion on this case to the Public Investigations Unit of Mr. Brown's office.

Rooster: Would you give us the email address. The link does not work.

[Captain Blight]

I try real hard to forget my punk-rock anarchist roots. I tell myself that the police really are there to protect and to serve.

And then I read about something like this and the smell of pork comes flooding on back.

[rooster]

Thanks for your interest in this case.Here's the e-mail address for the public investigations unit. piu@doj.ca.gov.
subject Bismark Dinius case.
Please send them an e-mail. This is just WRONG!! Rooster

[Kaa]

I try real hard to forget my punk-rock anarchist roots. I tell myself that the police really are there to protect and to serve.

LOL. Not pigs, really? :D

Kaa

[rooster]

kasey, re: never been in Calif. We moved to tiburon in 1961,I did a lot of jr. sailing in out of the C.Y.C. worked in boatyards all around the bay. I was there till mid 80's.
kaa, glad your all are getting a good laugh out of this...:rolleyes:
I know I'm new here,but this whole Dinius trial is just wrong ,I was hopeing to get a more positive[give a sh1t] reaction from fellow sailors. oh well.
I do like this forum and many of the folks on it. Kasey, love your stories of the Rose,waiting for you to get your notes together,that will be a good read! Rooster

[Hwyl]

Thanks for your interest in this case.Here's the e-mail address for the public investigations unit. piu@doj.ca.gov.
subject Bismark Dinius case.
Please send them an e-mail. This is just WRONG!! Rooster

Done

[David Tabor (sailordave)]

Me too. This is just WRONG.

[rooster]

This is 2007 but gives an idea how fukered up this whole thing is. Rooster

http://abclocal.go.com/kgo/story?section=news/iteam&id=5832003

[rooster]

Here's some more ,a few from this year.shiet like this ticks me off!!

http://search.abclocal.go.com/search/results?station=kgo&search=siteSearch&q=perdock&submit.x=0&submit.y=0

[George Roberts]

You guys sure are outraged for not personally knowing the people involved.

At a preliminary hearing the evidence is taken in the best light for the prosecution - conflicts are resolved in the prosecution's favor. Almost without fail the case proceeds.

The fellow will get his day in court. He has no right to recover his costs. That is the American way. Or so I am told.

[The Bigfella]

Good to see you are still hanging around George

[rooster]

You guys sure are outraged for not personally knowing the people involved.

At a preliminary hearing the evidence is taken in the best light for the prosecution - conflicts are resolved in the prosecution's favor. Almost without fail the case proceeds.

The fellow will get his day in court. He has no right to recover his costs. That is the American way. Or so I am told.

Interesting George,are you an attorney or just been there done that.;)

[rooster]

Here is something from BoatUs,a good overview,and bump.

http://www.boatus.com/seaworthy/justice.asp

[Hwyl]

Thanks for the bump

[rooster]

A small update from Latitude 38. I belive the trial is to be in jan '09

Settlement in Clear Lake Civil Case

September 19, 2008 – Clear Lake, CA
Does everyone recall that the Lake County District Attorney has steadfastly refused to file any criminal charges against Lake County Deputy Sheriff Russell Perdock in the death of Lynn Thornton? This despite the fact that on the evening of April 29, 2006, Perdock slammed his powerboat into the stern of the sailboat Thornton was on at between 40 and 55 mph on pitch black Clear Lake.
Based on a settlement of all the insurance companies involved, as reported by Dan Noyes of KGO's I-Team, the experts disagree with the D.A.'s view of who was responsible for what. The coverage from the various policies of those involved were pooled. The amounts were: $300,000 from Russell Perdock's policy; $300,000 from the policy of Bismarck Dinius, who happened to be seated at the helm of the sailboat; $100,000 from the policy of Mark Weber, the owner of the sailboat; and $100,000 from the policy of James Walker, who was the lookout on Perdock's boat.
The pooled money was awarded as follows:
$760,000 to Thornton's son.
$18,000 to Weber.
$13,000 to Dinius.
And a big fat goose egg for Perdock.
In other words, the marine industry experts, who deal with such tragedies all the time, have made it clear that they believe Russell Perdock was primarily responsible for the accident and death of Thornton. It's something that we, the overwhelming number of Latitude readers, and the overwhelming number of respondents to a poll in Lake County have been saying all along.
You can't help but wonder how long it's going to take for the D.A. to do the right thing, which would be to drop vehicular manslaughter charges against Bismarck Dinius, and file them against Deputy Russell Perdock. Just don't try to hold your breath until it happens.
To read Noyes' excellent coverage on this travesty of justice, go to http://iteamblog.abc7news.com/2008/09/boat-crash-sett.html

- latitude / rs

[John Meachen]

It remains as difficult as it always was to understand how this fiasco can possibly continue.The stink emanating from the office of the Lake County District Attorney is not reducing in magnitude.The entire department needs to be examined very closely to determine why they are choosing to behave in such a perverse manner.

[George Roberts]

The fiasco continues because there is a process. And the process gets followed.

---

The civil case is interesting in that Mr. Dinius' insurance paid $300K. I don't know the terms of his policy or his coverage, but $300K appears to be a lot for an innocent party to pay. But often times paying is cheaper than fighting.

[rooster]

Another update and bump. From Latitude 38........

Dinius Trial Postponed Till May

January 30, 2009 – Lake County
Lake County News (http://lakeconews.com/content/view/7138/764/) is reporting that the trial of Bismarck Dinius, which was slated to begin this month, has been pushed back to May. The postponement was requested by Deputy District Attorney John Langan and was not opposed by Dinius's attorney Victor Haltom.
As you'll undoubtedly recall, Bismarck Dinius happened to be holding the tiller of a drifting sailboat on Clear Lake on the night of April 29, 2006, when Lake County Deputy Sheriff Russ Perdock slammed into it at a high rate of speed, killing Lynn Thornton. In what we see as a flagrant slap in the face to Lady Justice, Dinius was charged with manslaughter while Perdock was cleared of all wrongdoing. Haltom maintains that certain aspects of the initial investigation — done by Perdock's co-workers — may not have been handled correctly.
Dinius told us last month that two articles in Boat U.S.'s Seaworthy magazine have drawn national attention to his case, and consequently more donations to his legal defense fund, for which he was very grateful. "From this point on, everything is coming out of my pocket, so anything helps. To aid in his defense, send a check made out to Bismarck Dinius, writing "Bismarck Dinius Defense Fund" in the memo section, and mail it to Sierra Central Credit Union, Attn: Brian Foxworthy, Branch Manager, 306 N. Sunrise Ave., Roseville, CA 95661.

- latitude / ld

[rooster]

There is also a interesting discussion going on here...............
http://forums.sailinganarchy.com/index.php?showtopic=72984

[rooster]

This just gets worse:mad:
http://www.record-bee.com/ci_11751895

[watson1990]

Hey Judge Martin : Come on out here to New Hampshire. I'll take you sailing .

Watson

[coelacanth2]

Or mebbe lobsterin'

[Thorne]

This whole case is a shameful miscarriage of justice -- I keep waiting for the other shoe to drop and see it tossed out and the peace officer charged instead.

Sure won't be doing any sailing on Clear Lake in the foreseeable future!

[StevenBauer]

This could be promising: "Haltom said he plans to renew a motion he previously filed to dismiss the charges, and plans to obtain a DNA sample from Perdock in order to compare it to the blood sample that was taken the night of the accident to determine Perdock's blood alcohol level."

If he can show that the Chief Deputy Sheriff gave a falsified blood sample that would have to be very bad for his case. And career, I hope.



Steven

[BETTY-B]

Okay, a little devils advocating. Just because we obviously have a serious problem with sailboat snobbery around here.

If there truely were no running lights on, the fact that the guy was drunk ups the charges significantly. Thank all the MADD mothers and such for those laws. The stupid, corrupt cop says he wasnt speeding. Even just up on step would make that collision appear that he was. Sixteen knots could have launched him up and through the mast easily.

The original post is rife with personal feelings and emotions. As un-biased a view as possible. The truth is what matters here.

The charges may be harsh, but ultimately the guy was responsible. That's what running lights are for. If it's proven that the lights were on, I dont care if the guy was three sheets to the wind. But even then, if it was a car accident, he would still be at fault because of the intoxication.

Personally, I think the charges are way harsh. Enough pain has been caused already. But that's not the world we live in anymore. Half the country wants the other half in prison. For a profit! Woo hoo!

DAN

ADDED:

I was lollygagging with my coffe before sending this and saw more posts...

Was the officer drunk too? Where did that come from? If not, what would the charges be against the officer, Thorne or anyone?

[Tom Hunter]

Personally I don't have any feelings of sailboat snobbery.

The running lights question needs to be determined in court. There are witnesses saying on, and others saying off. The deputy says they were off, but his self interst is obvious.

It is possible the deputy was drinking, that is why the blood alcohol test is so important. Circumstances point to excessive speed on his part, which is why so many people are outraged that he is not on trial and the other guy is.

Also, I don't understand why the helmsman is on trial when the running lights are the captain's responsibility, but that is just me.

[StevenBauer]

Also, I don't understand why the helmsman is on trial when the running lights are the captain's responsibility, but that is just me.

This is what baffles me, too. Bismark just happened to be sitting by the tiller. The boat was not even under way. Why is he charged and not the captain(owner) of the boat?


Steven

[bob winter]

Good question. Just because he was sitting on the boat doesn't mean he had any idea of how to turn the lights on, if they were off. Where was the owner at the time, anyway?

[StevenBauer]

As a guest on board there is absolutely no requirement that he even needs to know that running lights exist, does he?



Steven

[bob winter]

I wouldn't think so. Its like expecting the passanger in a Model A Ford to know how to double clutch.

[Thorne]

My understanding is that the hatch was open, cabin lights on. Clear Lake has a lot of cabins and houses along the shore, so the wide hatch light was probably 300% more effective as a marker than another little white running light.

Don't think anyone was saying the officer was drunk, although running at that speed on that lake after dark is WAY stupid! But running lights or not, blaming the fatality on the sailboat 'captain' seems unlikely, unfair, and un-american -- unless you count protecting police from after-hours criminal charges as part of the American Way. And my little sister is a Bakersfield cop, so I'm not anti-police.

Here's an example -- you are driving a camper van slowly (5mph) through a parking lot after dark. You are legally drunk (1.5 beers or whatever). Your driving and parking lights are off, but the camper interior lights are on and the side door open. The van is clearly visible to anyone going a reasonable speed.

You are certainly guilty of having your lights off and being drunk. But guilty of murder???

An off-duty policeman driving an official car decides to drive through the parking lot at 50mph for no official or apparent reason -- just in a hurry. He crashes into the van and kills one of the people inside.

If the owner of the van was charged with manslaughter and blamed for the death, would that seem right to you?

Of course the analogy / comparison isn't exact, but it sure is close.

[George Roberts]

Thorne ---

Your car analogy points out an important issue with not having the proper lighting --- you might not be recognized as what you are.

It is possible that the boat lights were seen, but the boat was not recognized as a boat.

But the whole deal is covered by due process - not a fair trial; not justice.

[Tom Hunter]

Thorne,

I have to respectfully disagree. Having the correct light scheme fully illuminated is very important and failure to do so is negligence on the part of the captain.

But the captain is not on trial here, is he?

On the alcohol question, they tested the guy who is on trial, but apparently were instructed not to test the sheriffs deputy.

[24hacker]

That is just WRONG!

[rooster]

[quote=Tom Hunter;2112551]Thorne,

I have to respectfully disagree. Having the correct light scheme fully illuminated is very important and failure to do so is negligence on the part of the captain.
Very true,but I would love to know if Perdock has any clue as to the proper light scheme of a sailboat undersail as opposed to one under power.Even if one knows the light scheme things happen very fast at night, in the dark, doing 45knts.
Here is a link to the victims family speaking out,abc news.......
http://abclocal.go.com/kgo/story?section=news/iteam&id=6668306

[ChaseKenyon]

Any current news on this ludicrous cover up situation?

[rooster]

At last there may be some good news. Let's hope so.
http://abclocal.go.com/kgo/video?id=6819716

[Thorne]

Wow - witnesses coming forward to say he was drinking at the bar for hours, then raced his powerboat with another guy who had left the bar at the same time. With any luck this farce will come to an end -- "good old boy" coverup to the MAX, with the sailboat captain being made the scapegoat.

[John Meachen]

There was additional information posted on Wednesday's lectronic Latitude and while the overall situation seems to be improving,the life of Bismarck Dinius is not.We may hope that by the end of the process the truly guilty parties are exposed to the same level of suffering.

[StevenBauer]

Wow - witnesses coming forward to say he was drinking at the bar for hours, then raced his powerboat with another guy who had left the bar at the same time. With any luck this farce will come to an end -- "good old boy" coverup to the MAX, with the sailboat captain being made the scapegoat.

Bismark wasn't even the captain. He just happened to be sitting by the tiller. :confused:


Steven

[clancy]

New trial date set in Dinius case. (http://www.record-bee.com/ci_12407875)



LAKE COUNTY: Carmichael resident Bismarck Dinius' trial date was continued until June 30, but there may not be a trial after all. The prosecutor said in court Tuesday he might drop charges against Dinius.

[Art Read]

Three observations:

I didn't see it in the story, where have these five witnesses from the marina bar who saw the cop drinking that night been for the last three years?

If the statute of limitations runs out on prosecuting Dinius June 30, does that mean it runs out on the cop too? Can't the State bring charges against this guy if the county won't?

Does anybody else think "Bismark Dinius" is a way cool name?

This whole thing would make a great made for TV movie!

(I hope Dinius' lawyer has the civil suit ready to go...)

[shamus]

One of the witnesses saw Perdock in the bar between 6 and 9 and gave the information to the sherriffs office on the night of the crash?

That should be the end of the everyone involved at the sherriffs office, if that stands up.

[rooster]

Perdocks ex wife is speaking up. I guess the guy can't see at night without his glasses!

http://iteamblog.abc7news.com/2009/06/exwife-perdock-is-a-big-fat-liar.html#comments

[StevenBauer]

Here is some good news, kinda:

From Latitude 38:

Dinius Manslaughter Charge Dropped

July 20, 2009 – Lake County
But before you think prosecutors have come to their senses, read on. After months — years, really — of stubbornly refusing to drop the ridiculous manslaughter charges against Bismarck Dinius, Lake County District Attorney Jon E. Hopkins announced on Friday his plan to do just that. In an open letter posted on the county's website, Hopkins maintains that Lynn Thornton's 2006 death was caused by the supposed drunkeness of Bismarck Dinius, who happened to be sitting at the tiller of a sailboat drifting along in zephyrs on Clear Lake. For reasons not fully explained in the bizarre letter, Hopkins announced he would dismiss the manslaughter charge in court tomorrow, but will continue with the prosecution of the felony BUI "causing bodily injury or death with a prior conviction of DUI." That charge still lays the fault of Thornton's death soley at the feet of Dinius and could earn him three years in prison.
Hopkins also maintains that he can't prosecute Russell Perdock, the number two man in the Sheriff's office — now on "administrative leave" — who rammed his speedboat at an estimated 40-60 mph into the drifting sailboat, because "attempting to convict a motorboat operator of manslaughter, when we cannot prove the speed of his boat and he collides with a sailboat operated by drunken sailors at night without their running lights is not going to succeed." Can't prove the speed of his boat? Perdock himself has admitted to going 40 mph, and witnesses on shore put his speed higher. Beyond the admission of his speed, it seems to us that forensic scientists should have an easy time of estimating that piece of evidence.
What's particularly perplexing about the release of this letter, besides the fact that it was done in the middle of jury selection for the trial, is that in it Hopkins complains that the "media" has led people to believe false facts, and that only what is presented before a jury should be considered. Yet here he is, presenting his version of the facts of the case on the county's website — just a few months after requesting a gag order from the presiding judge (which was obviously denied).
We clearly have no idea why Hopkins was so unprofessional as to post such a letter at this time, or what his motivations were, but one has to wonder if someone higher up the food chain made a timely phone call. If so, they need to make one more call — to 'encourage' him to reduce the BUI charge to its standard misdemeanor status.
In the meantime, folks are rallying in support of Bismarck Dinius — from the steps of the Lake County Courthouse to Alameda YC. John Reimann of the Oakland-based Catalina 36 Y-Knot? reports that the proceeds from Alameda YC's monthly fundraising dinner last month went to Dinius' legal defense fund. "We raised a little more than $350," Reimann said. "I hope other yacht clubs will consider doing the same." And as far away as Wayzata, MN, Mark Keifer, founder of the World Ice Racing Circuit, is hosting a fundrasier on July 25 at 7 p.m. If you're planning a fundraiser for Bismarck, please post the details on our Facebook (http://www.facebook.com/home.php#/pages/Latitude-38-Magazine/67531184558?ref=nf) page.

- latitude / ld

[Dick Wynne]

You couldn't make this up! Now, who will play whom in the TV movie?

[John Meachen]

I see that the next stage of the process is under way http://www.latitude38.com/lectronic/lectronicday.lasso?date=2009-07-29&dayid=304#Story4 .

[Brian Palmer]

How about a "Shocking photo warning" with that link?:eek:

Brian

[Thorne]

Ewuuuuu! I agree with Brian, not anything to view for the squeamish.

I prefer Latitude 38's usual non-PC attitude showing bare breasts to this sort of thing.

Back to the topic, I'll certainly never boat on Clear Lake again, and when in the area I'll let local merchants know the reason why.

The whole Good Ole Boy thing gets really old, really fast -- and the locals officials are so insular and insulated that they can't seem to realize how crooked the whole thing looks to everyone else.

[rooster]

Well,it looks like this is all winding down. I just pray the jury will do the right thing.Care to join me?
From latitude 38
On Thursday, Victor Haltom, the attorney for Bismarck Dinius, rested his defense against the outrageous felony BUI charges for which his client is now on trial in Lake County. Dinius is, of course, the man with his hand on the tiller of the sailboat that was hit at high speed by a Lake County Sheriff's Deputy, Russell Perdock. Lynn Thornton died in the accident. Instead of going after Perdock, who admitted to driving his speedboat in excess of 50 mph on that dark night more than three years ago, Lake County Prosecutor Jon E. Hopkins chose to prosecute Dinius.
The 'tweets' sent from the courtroom throughout the trial by both KGO Channel 7's Dan Noyes and Lake County News' Elizabeth Larson have been positively addictive. Through them we've 'watched' as Perdock testified last week that, just before hitting the sailboat, he saw the green glow of his running lights reflected against the hull.
Um, huh?
Anyone who's followed this case will know that Perdock's boat slammed into the starboard stern quarter of the sailboat, sailed over the top — bringing the mast down along the way — and landed near the port bow. Essentially, he was approaching at such an angle that he should have seen a red reflection from his port nav light, not green.
This seemed like such a glaring inconsistency that we contacted Bismarck about it. "Yeah, we caught that," he told us last week. He's not sure how it will play into Haltom's final arguments, if at all, but he seemed optimistic about how the final days of the trial has played out.
Indeed, Bismarck's own testimony on Thursday really brought home the fact that he was crew — a passenger on a boat whose owner was giving the orders — and therefore not responsible for turning on any lights. The point is moot if jurors believe the several witnesses who claim to have seen the sailboat's lights.
The jury is expected to receive the case tomorrow after closing arguments. We hope to have a full report in the September issue of Latitude 38. In the meantime, if you feel you can contribute to help defray the staggering costs of his defense, you can now do so through Paypal. Bismarck's Paypal ID is bismarckdinius@comcast.net.

- latitude / ld

[rooster]

Here is a link to Dan Noyes coverage of the final days of the trial.
Watching Perdock in the courtroom makes me think that all courtrooms in Ca. should be made into " No Smirking" areas.
The guy makes me sick:mad:
Hope it all works out for Dinius .
Perdock will get his in the end,if you know what I mean;)

http://abclocal.go.com/kgo/story?section=news/iteam&id=6971687

[skuthorp]

"(I hope Dinius' lawyer has the civil suit ready to go...) "

Against the deputy sheriff or against the State?. Or both?

[Dick Wynne]

Counts 1 & 2 not guilty, count 3 (alcohol > 0.08) 11 to 1 NG, but dismissed. I think the judge felt he could cut him some slack after all he's been through.

http://twitter.com/dannoyes

[rooster]

:):):D:p:)

YES....INNOCENT !!!!!!

INNOCENT!
Anarchist interest reached a fever pitch today as thousands of readers pressing “refresh” nearly shut down the forums as they waited for the verdict in the Bismarck Dinius trial. We've been following this one for a long, long time, and we are incredibly happy that a Clear Lake, California jury today cleared Bismarck Dinius of charges relating to the 2006 death of Lynn Thornton! Seven hours worth of spirited deliberations were largely the result of one holdout on the jury who refused to acquit Dinius on the simple BUI charge, and the judge declared a mistrial on that count. There is almost no chance of Lake County retrying Dinius on this charge.
This verdict is a clear smackdown of Lake County DA Jon Hopkins, and information revealed during testimony indicates not only that murderous driver Russell Perdock perjured himself and may be involved in a larger conspiracy to hide or falsify information about this and other cases, but that Hopkins may be complicit as well.
The number of people who have worked to maintain the huge public pressure on this case is immense, and a great example of different interests uniting for a common cause. First, the media: Dan Noyes (http://iteamblog.abc7news.com/) from KGO-TV has been a bulldog, Elizabeth Larson at Lake County News (http://lakeconews.com/content/view/9983/764/) has also been dogged in her pursuit of the case, and Latitude 38 (http://www.latitude38.com/lectronic/lectronicday.lasso?date=2009-08-20&dayid=314) has done a great service in breaking the news of the case to the general sailing community more than two years ago. Also a huge congratulations to lead counsel Victor Haltom, a sole practitioner (http://www.superlawyers.com/california-northern/lawfirm/Victor-S-Haltom-A-Law-Corporation/e3210571-b478-4290-a0da-8862d9050cbf.html) who dedicated his life to this case, doing the long and hard research needed to masterfully shred the prosecution's case to ribbons, and to the Northern California Innocence Project, (http://law.scu.edu/ncip/)which scores another victory for justice.
We spoke to Haltom today just after the verdict was handed down. Here's a short SA Innverview with the victorious lawyer:
SA: Congratulations, Victor - what a relief this must be!
VH: Absolutely - it means so much to see justice delivered
SA: Is there any chance of Hopkins re-trying the BUI case?
VH: With an 11-1 vote against conviction, no way.
SA: What's the fallout now? Is there any way for Perdock to really face justice?
VH: It seemed that the reaction from Lynn's family after the verdict was “Great! Now we want Perdock.” And given the way he perjured himself on the stand both here and in Sacramento during the civil case, there is certainly plenty to chase.
SA: What about conspiracy in the Lake County Sheriff's Office? Clearly there was some covering up happening.
VH: Throughout discovery and trial, it became obvious that people inside the LCSO were hiding evidence and withholding information. I don't know what will come out of it, but conspiracy wouldn't be out of the question.
SA: What was the mood in the courtroom when the verdict was delivered?
VH: Well, you could really feel the pro-Bismarck vibe throughout the case. The fact that Lynn's family were there in support of Dinius was huge - I've never seen anything like that before. We'd go through security and the guards would shake our hands and tell us “good luck.” When Perdock testified, the courtroom was literally packed with people supporting Bismarck. Even the clerk who read the verdict stopped in the middle of her reading to say “thank you” to the jurors for reaching the right conclusion.
SA: What do you think of the SA community's support during this case?
VH: The amount of pressure that the sailing community as a whole has applied has been amazing, and quite a few SA members stepped up to offer valuable information to us that was a big help. I can't tell you how much we appreciate that support.
SA: You know there were literally thousands of people watching the verdict unfold (http://forums.sailinganarchy.com/index.php?showtopic=72984&st=6800) on Sailing Anarchy today?
VH: We were actually some of those people! Paige from the Innocence Project and I were waiting for the verdict come in and watching the posts come in - it certainly passes the time!
SA: Do you sail?
VH: The first time I ever tried was in connection with this case, when a friend took our investigator and me out for a sail on Clear Lake. I'm looking forward to trying it out under better circumstances, and my wife's brother sails on the Bay, so...
SA: Well, I can assure you that any number of Anarchists around the world will take you for a spin any time.
VH: Great - I'm looking forward to it.
SA: Thanks again for such a stellar effort Vic - you make lawyers look good.
VH: I don't know about that, but thanks to you and everyone at SA as well.
Haltom has clearly proven his abilities with this important case, and the entire sailing community owes him a debt of gratitude. If you have a legal problem in Northern California, get in touch with Haltom here (vshjah@aol.com).
AND MOST IMPORTANTLY, GO TO PAYPAL TO CONTRIBUTE TO DINIUS'S LEGAL FUND HERE (https://cms.paypal.com/us/cgi-bin/?cmd=_render-content&content_ID=marketing_us/send_money). USE BISMARCKDINIUS@COMCAST.NET FOR ACCOUNT NAME.


08/21/09

[The Bigfella]

Fabulous, isn't it.

[rooster]

Yes it is! These folks have done alot to help bring this to the public.

http://www.latitude38.com/lectronic/lectronicday.lasso?date=2009-08-20&dayid=314

I also want to thank anyone who gave to the Dinius fund Thank you.

SA has been real fun,the twitter thing during the trial was great!
I feel better now. Good night

[rooster]

Thank you Don Noyes KGO tv in SF. He has been with this from the get go.

http://abclocal.go.com/kgo/story?section=news/iteam&id=6974814

[Bill R]

Excellent. Now it is time to go after the Sheriff's department with a vengeance.

[switters]

Been following it over on SA, great news. But only half of justice has been served. Lynn's murderer still need to be brought to trial.

[Canoeyawl]

The murderer and the complicit associates