Jump to content

Clearlake case good for Dinius


roundthebuoys

Recommended Posts

What happened?

 

Edit: nevermind. Found it:

 

BREAKING: Dinius found not guilty of felony BUI

Written by Elizabeth Larson

Thursday, 20 August 2009

LAKEPORT – A Carmichael man has been found not guilty of felony boating under the influence for a fatal 2006 sailboat crash on Clear Lake.

 

Bismarck Dinius, 41, received the jury's verdict at about 11:30 a.m. Thursday.

 

After seven hours of deliberation, the trial's nine-man, three-woman jury found that Dinius was not guilty of felony boating under the influence causing great bodily injury. They similarly acquitted him of a misdemeanor count of boating under the influence.

 

The jury deadlocked on a third count, boating with a blood alcohol level of more than 0.08. The foreperson said the vote was 11 to 1, with the majority believing Dinius was not guilty.

 

A relieved Dinius hugged his wife, Roshell, after the verdict.

 

Dinius' case has unfolded over the last two years. He was charged in the case a year after the fatal April 29, 2006, crash, when he was at the tiller of the Beats Workin' II, owned by Willows resident Mark Weber.

 

The sailboat was under way at night when it was hit by a powerboat driven by Russell Perdock, an off-duty sheriff's deputy. Weber's longtime girlfriend, Lynn Thornton, 51, died a few days later due to blunt force trauma injuries to the head.

 

Perdock was not charged but District Attorney Jon Hopkins prosecuted Dinius, alleging that he had a blood alcohol level of 0.12 at the time of the crash and that he had failed in his duty to have the sailboat's navigation lights on. Experts presented by defense attorney Victor Haltom maintained the lights were on.

 

A full report on the verdict and reactions from the defense and prosecution will follow later today.

Link to post
Share on other sites

I sure hope there is a Federal Civil Rights denial Investigation of, Lake County DA Jon Hopkins and Officer Russell Perdock.

 

This will be a clear indication that the Federal Government will not allow Hillbilly Police officers and DA's to rape the rights of the average individual.

Link to post
Share on other sites

Awesome news, simply awesome. Ya - let's lynch that dumbass deputy and the DA, I mean with us being sailors the rope should not be a problem. Who's got a tree..??

 

While justice was served in Bismark's case - the travesty of a public servant getting away with murder still needs a little attention. What a waste of time and money - the local peeps should exercise their rights to make sure anyone complicit in the prosecution of this case, is never allowed to stay in office.

 

Great work by the SA crew and other peeps to keep the pressure on.

 

Did I say awesome already..??

Link to post
Share on other sites

Who needs a tree when we've got a mast and spreaders?

 

I've got a friend who built a 1/6th scale replica of an 18th century British Revenue cutter, complete with a yardarm.

 

It's in Pennsylvania, but we could trailer it to Lake County for the event.

 

someone contact Gouvernail for the tar and feathers1

 

S55

Link to post
Share on other sites

Just wait a minute. We all agree that the law enforcement officer wrongly killed the lady but said he didn't do it and it was Dinius' fault.

And we all sing the verdict denoucing said officers testimony in the case.

But some of us will not question the motives of a white officer arresting a black college professor in his house.

Interesting.

Link to post
Share on other sites
I know you guys were following closely. Good for him and his family. Now maybe Jerry Brown can step in.

 

Finally, something we can all agree on.

 

 

 

Jerry ain't gonna help. He's gonna be too busy doing damage control.

 

See, this entire investigation and trial was approved by the California Attorney General's office not once, but three times! Jerry Brown's predecessor reviewed and approved the investigation and formal charges. When the public outcry built, Jerry "reviewed it" once and then "looked into it" a second time. Both times, Jerry said it all looked fine and normal, that the right man was being charged, that there were no conflicts of interest, and that it was cool for the entire trial to proceed right there in little Ol' Lake County.

 

Jerry approved this conspiracy ... and the World is gonna know it.

Link to post
Share on other sites
Just wait a minute. We all agree that the law enforcement officer wrongly killed the lady but said he didn't do it and it was Dinius' fault.

And we all sing the verdict denoucing said officers testimony in the case.

But some of us will not question the motives of a white officer arresting a black college professor in his house.

Interesting.

 

Go and Jack Off.

 

A drunk officer involved in an accident is totally different than an individual refusing to follow the orders of the local Police.

 

Moving to GA.

Link to post
Share on other sites

The report that the statute of limitations expired in April of this year is really interesting to me. Someone, somewhere posted that this was the Lake County Government's plan all along... to drag out the Dinius proceedings long enough to protect one of their own. The sheriff can't be prosecuted for manslaughter. I wonder if a conspiracy charge can be made, or if the statute of limitations has run out on that too? I would imagine that proving a charge of conspiracy would be really difficult, plus such a charge would not come from Lake County. The State of California would have to step in... and with their budget mess there are probably no resources. I can't believe that the Fed's would get involved... they didn't in the Nifong/Duke lacrosse scandal which was just as bad re: prosecutorial misconduct. So in the final analysis, there will be no justice for the victim, Ms. Thorton; and this is the sad part to me.

Link to post
Share on other sites
The report that the statute of limitations expired in April of this year is really interesting to me. Someone, somewhere posted that this was the Lake County Government's plan all along... to drag out the Dinius proceedings long enough to protect one of their own. The sheriff can't be prosecuted for manslaughter. I wonder if a conspiracy charge can be made, or if the statute of limitations has run out on that too? I would imagine that proving a charge of conspiracy would be really difficult, plus such a charge would not come from Lake County. The State of California would have to step in... and with their budget mess there are probably no resources. I can't believe that the Fed's would get involved... they didn't in the Nifong/Duke lacrosse scandal which was just as bad re: prosecutorial misconduct. So in the final analysis, there will be no justice for the victim, Ms. Thorton; and this is the sad part to me.

 

That was me.

 

Here CA's official statutes:

http://www.leginfo.ca.gov/calaw.html

 

Before I continue, let me again state that I am not a Lawyer... just a humble analyst with a good grasp of the law.

 

 

Regrading the vehicular manslaughter charges:

 

My best interpretation of CA law (I am just an Analyst, not a lawyer) is that the Vehicular Manslaghter charge was correct (just the wrong guy being charged.) The sentence for the particular violation is 4 years in prison. CA determines the statute of limitations using the following method:

 

CALIFORNIA Pen. §§799 et seq.

California Statue of Limitations

  • Murder, other offenses punishable by death or life imprisonment, embezzlement of public funds: none;
  • offenses punishable by 8 or more years in prison: 6 yrs.;
  • offenses punishable by imprisonment: 3 yrs.
  • Misdemeanors: 1 yr.;
  • misdemeanor violation committed on a minor under 14: 3 yrs.;
  • sexual exploitation by physician or therapist: 2 yrs.

Since the prison term is four years, the statute is three years per line 3.

 

 

Regarding conspiracy:

 

The charge would be section 182(a) paragraph 2.

182. (a) If two or more persons conspire:

(2) Falsely and maliciously to indict another for any crime, or to

http://www.leginfo.ca.gov/cgi-bin/waisgate...action=retrieve

 

Here's the punishment:

When they conspire to do any of the other acts described in this

section, they shall be punishable by imprisonment in the county jail

for not more than one year, or in the state prison, or by a fine not

exceeding ten thousand dollars ($10,000), or by both that

imprisonment and fine.

 

It is my understanding that the trial itself would constitute one of the acts in the attempted conspiracy, which means the clock did not start ticking until the verdict was handed down. Since the sentence is only one year in proson, the statute of limitations is 3 years.

 

If my analysis is correct, Conspiracy charges can be brought against Perdock, Hopkins, Mitchell, and any others that participated on any date up to August 20, 2012.

Link to post
Share on other sites
The report that the statute of limitations expired in April of this year is really interesting to me. Someone, somewhere posted that this was the Lake County Government's plan all along... to drag out the Dinius proceedings long enough to protect one of their own. The sheriff can't be prosecuted for manslaughter. I wonder if a conspiracy charge can be made, or if the statute of limitations has run out on that too? I would imagine that proving a charge of conspiracy would be really difficult, plus such a charge would not come from Lake County. The State of California would have to step in... and with their budget mess there are probably no resources. I can't believe that the Fed's would get involved... they didn't in the Nifong/Duke lacrosse scandal which was just as bad re: prosecutorial misconduct. So in the final analysis, there will be no justice for the victim, Ms. Thorton; and this is the sad part to me.

 

That was me.

 

Here CA's official statutes:

http://www.leginfo.ca.gov/calaw.html

 

Before I continue, let me again state that I am not a Lawyer... just a humble analyst with a good grasp of the law.

 

 

Regrading the vehicular manslaughter charges:

 

My best interpretation of CA law (I am just an Analyst, not a lawyer) is that the Vehicular Manslaghter charge was correct (just the wrong guy being charged.) The sentence for the particular violation is 4 years in prison. CA determines the statute of limitations using the following method:

 

CALIFORNIA Pen. §§799 et seq.

California Statue of Limitations

  • Murder, other offenses punishable by death or life imprisonment, embezzlement of public funds: none;
  • offenses punishable by 8 or more years in prison: 6 yrs.;
  • offenses punishable by imprisonment: 3 yrs.
  • Misdemeanors: 1 yr.;
  • misdemeanor violation committed on a minor under 14: 3 yrs.;
  • sexual exploitation by physician or therapist: 2 yrs.

Since the prison term is four years, the statute is three years per line 3.

 

 

Regarding conspiracy:

 

The charge would be section 182(a) paragraph 2.

182. (a) If two or more persons conspire:

(2) Falsely and maliciously to indict another for any crime, or to

http://www.leginfo.ca.gov/cgi-bin/waisgate...action=retrieve

 

Here's the punishment:

When they conspire to do any of the other acts described in this

section, they shall be punishable by imprisonment in the county jail

for not more than one year, or in the state prison, or by a fine not

exceeding ten thousand dollars ($10,000), or by both that

imprisonment and fine.

 

It is my understanding that the trial itself would constitute one of the acts in the attempted conspiracy, which means the clock did not start ticking until the verdict was handed down. Since the sentence is only one year in proson, the statute of limitations is 3 years.

 

If my analysis is correct, Conspiracy charges can be brought against Perdock, Hopkins, Mitchell, and any others that participated on any date up to August 20, 2012.

 

Thanks for doing the research... quite interesting... I think a charge of conspiracy would be tough to make... the LC authorities, like the Duke University and Durham, NC authorities in the Duke Lacrosse Rape Hoax appear to be clowns, and probably destroyed correspondence to protect their butts. Unless the state or feds step in there will be no "learning moment" for the LC authorities. So the DA loses the next election... big deal.

 

One of the articles aluded to a potential claim by Dinius of wrongful prosecution. I can't see how he would be successful with this... I guess a grand jury was involved, and since (I assume for California) no records of grand jury proceedings are maintained, it would be pretty close to impossible to prove that the county presented knowingly false infomation to the panel.

 

Still no justice.

 

Thanks again for doing the research on the statute of limiations.

Link to post
Share on other sites

Hey... one more thing... a post or article aluded to a civil settlement in the matter. Anyone have specifics of the settlement, like who were the parties to the settlement? I'm not looking for amounts, but am wondering if there were adverse consequences for the operator of the speeding motor boat?

Link to post
Share on other sites

i've been following this, off and on, for quite a while. freaking AWESOME that he got acquitted. great job of everyone to get the story out there and to apply some pressure to those corrupt punks.

 

anyways, does anyone know if the two Lake County cops in question are still on duty? has anything happened to them during this whole ordeal?

Link to post
Share on other sites
Hey... one more thing... a post or article aluded to a civil settlement in the matter. Anyone have specifics of the settlement, like who were the parties to the settlement? I'm not looking for amounts, but am wondering if there were adverse consequences for the operator of the speeding motor boat?

 

 

I think that BOAT-U.S. was Perdock's insurer and they paid out in the high 6 figs, mostly to Miss Thornton's estate and I believe some to the sailboat's owner, Mark Weber. And none to Perdock.

 

But double check before you quote me on all this............

Link to post
Share on other sites
The report that the statute of limitations expired in April of this year is really interesting to me. Someone, somewhere posted that this was the Lake County Government's plan all along... to drag out the Dinius proceedings long enough to protect one of their own. The sheriff can't be prosecuted for manslaughter. I wonder if a conspiracy charge can be made, or if the statute of limitations has run out on that too? I would imagine that proving a charge of conspiracy would be really difficult, plus such a charge would not come from Lake County. The State of California would have to step in... and with their budget mess there are probably no resources. I can't believe that the Fed's would get involved... they didn't in the Nifong/Duke lacrosse scandal which was just as bad re: prosecutorial misconduct. So in the final analysis, there will be no justice for the victim, Ms. Thorton; and this is the sad part to me.

Now we are talking politics. So its going to be about how much noise is made.

I dont know, but the Feds would at some stage have to respond.

Anyone tried calling Michael Moore's office, for instance?

Link to post
Share on other sites

A complaint is being prepared to go to the FBI public corruption division.

 

Deputy Perdock is on medical leave pending the outcome of an internal investigation for misconduct being handled by the neighboring Sonoma County SO.

 

Both DA Hopkins and Sheriff Mitchell are being challenged for re-election next year. Both previously ran unopposed.

 

The people of Lake County have been mobilized by this case to do something about the sorry state of law enforcement in their backyard, so hopefully something positive will come of this mess.

 

Sadly nothing can bring back Lynn Thornton.

Link to post
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...