Posted on 05/30/2009 7:27:59 AM PDT by freebilly
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.
Dinius was at the tiller of a friend's sailboat the night of April 29, 2006, when it was struck from behind by a personal powerboat piloted by off-duty Lake County Sheriff's Office Capt. Russell Perdock. Dinius is charged with vehicular manslaughter involving a vessel, for the death of Willows resident Lynn Thornton, who was a passenger on the sailboat. He also faces a charge of boating under the influence of alcohol.
"There were several 9-1-1 calls that came in on the date of the incident and their contents are no longer in existence," Lake County Deputy District Attorney John Langan said.
He said outside the courtroom his investigators are looking into why the recordings no longer exist. The recordings are one piece of new evidence Langan obtained recently that he said requires further investigation. Langan told the court the investigation would not be complete by July 7, the last date Dinius' trial can begin.
"Our other concern is that there would be a tremendous amount of jury summonses going out to the citizens in the county. Before that is done we would like to know realistically what our chances are," Langan said.
If the investigation cannot be completed by a June 12 court date for a status update on the case, Langan said h will likely move to dismiss the charges. He said the move would allow a thorough investigation to determine whether charges could or should be filed again at a later time.
Dinius revoked his time waiver in a May 8 court appearance, which started a new 60-day period in which Dinius has a right to have a trial. His defense attorney, Victor Haltom, opposed any postponement because he said the prosecution had ample time to investigate the three-year-old accident.
"I think what they are looking for is evidence that is only a one-way street, it's going to be helpful to the defense, and we're ready to go," Haltom said.
The new evidence Langan's investigators are pursuing includes statements from at least three witnesses who said they saw Perdock at Konocti Harbor Resort & Spa in the hours before the accident. Perdock told investigators he was at his son's birthday party and then home cleaning his boat during the same time frame.
Investigators are also pursuing a record of disciplinary action against former Lake County Sheriff's Office Sgt. James Beland, and interviews to document the 9-1-1 calls made the night of the accident, among other things.
In addition, Haltom told the court he received 110 pages of new discovery from Langan on Tuesday, including information from witnesses who saw the sailboat with its running lights on.
"The prosecution's whole case against Mr. Dinius is based on the theory that these lights were off. And why on earth am I getting this the day the trial is supposed to start?" Haltom said, adding the discovery indicated the prosecution may have had the information since the fall of 2008.
Haltom continued outside the courtroom, "They need to dismiss charges against Bismarck and investigate whether to prosecute Perdock."
Langan refused comment about whether Perdock may be charged in the case, but said investigation is ongoing.
"The other factor that comes into play is Sgt. Beland's file records I have read that, and based on my experience I think there is much that's of interest to both sides," retired Los Angeles Superior Court Judge J. Michael Byrne said.
Langan said in his motion to continue the trial that Beland was terminated following an internal affairs investigation by the Lake County Sheriff's Office that focused on statements Beland made concerning the case. Byrne reviewed the disciplinary record and ordered that a copy be given to the prosecution and defense.
Contact Tiffany Revelle at trevelle@record-bee.com, or call her directly at 263-5636, ext. 37.
1) Perdock is a Captain in the Lake County Sheriff's Dep't. He was operating the powerboat that ran over the sailboat. The Sheriff's office maintains that Perdock was going 20-25 MPH. At least one witness claims that Dinius was travelling 50-55.
2) Dinius was piloting the sailboat struck by Perdock. Dinius was arrested for boating under the influence of alcohol as well as vehicular manslaughter. The Sheriff office maintains that Dinius was operating his sailboat at night without running lights.
3)Lake County Sheriff deputy Mike Morshed, a sergeant at the time of the accident, ordered another Lake County Sheriff, Officer Beland, not to give Officer Perdock a Breathalyzer test the night of the accident.
4)Officer Perdock claimed he was having pizza with his family prior to the accident, but witnesses place him at Konocti Harbor Resort having drinks.
5)Witnesses to the accident maintain that Dinius was operating his sailboat with running lights.
The bottom line is that the Lake County Sheriff's Department has been covering up for Perdock and are trying to convict a man for manslaughter who is only guilty of a Boating DUI.
Fortunately, the truth is starting to surface....
This outrage is another reason why absolute prosecutor immunity must end. Its obvious that DA Langam, as well as the Lake County Sheriff’s office, was totally involved in this conspiracy to frame up Dinius in order to cover up the crime of his buddy, Capt Perdock.
Dinius piloting a sailboat at 50-55? Was it Hell’s fastest catamaran, ‘cause I don’t know what other sailboat could achieve that speed range?
My mistake. I meant Perdock was operating the powerboat at 50-55....
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