Sign the petition to prosecute the Lake County Sheriff that killed the sailor

[deckofficer]

In respect to what Richard5 has posted, I sent off this email to a local Lake County newspaper reporter who was inquiring to who is behind this petition.

tip of the iceberg RE; Perdock Friday, November 2, 2012 12:14 AM
From: "Robert Lemke" <robert-lemke@att.net>View contact details
To: jwalsh@record-bee.com

Jeremy Walsh,

This is to inform you that the world wide sailing community has not forgotten the miscarriage of justice stemming from the the 2006 deadly accident Perdock was responsible for.

I live 2 hours from Clear Lake. I have wanted to buy my retirement home on the lake. After talking with residents I have discovered a large, retired LEO community at Clear Lake and while I would normally consider such a community a safe place to retire, this "good old boys" network for your area has convinced me otherwise.

Respectfully,

Robert P Lemke


It would be a good thing for others on this forum to take the time to send an email to this reporter jwalsh@record-bee.com letting him know that even though 6 years later, we in the sailing community are still looking for justice.

[foolishsailor]

Signed

[carstenb]

signed

[Richard5]

With respect to the letter to the journalist, I have always considered what influence a signator from out of the area would hold. I know that in my own community (a remarkably scenic beachside with many absentee owners or others with an interest looking to buy after retirement) many who do live fulltime in the community would cast a suspicious eye on those who have some interest but do not live there.

As for the tragic accident, as terrible was the death of an innocent woman even more so was the actions of Perdock under color of authority. That is to say, Perdock is guilty of not only homicide but criminal negligence and conspiricy to cover up the crime. That covering is perhaps the more onerous charge.

[bloodhunter]

Signed

[amytom]

Petition signed.

[Dockhead]

I've signed the petition.

I have spent most of my life outside the U.S., so I've seen this kind of abuse of power before, but I never thought that someone could get away with it in the U.S. It is outrageous and people should not stand for it.

[ReMetau]

Signed

[skipmac]

Signed.

Also, didn't Dinius file a civil suit? What happened with that, still pending or denied? Sure would be good for him to recover some damages to help get his life back together.

[sailorboy1]

I signed it. But doubt that non-local petitioners hold any sway with the local polticians etc. If they were going to do something they would have, not come up with a new position for the person!

[Dockhead]

Originally Posted by Richard5

Defendant Perdock Motion to Dismiss rejected.

Document 80 :: Dinius v. Perdock et al :: 3:2010cv03498 :: California Northern District Court :: US Federal District Courts Cases :: Justia

This means the criminal suit initiated by Dinius (he was at the helm of the sailboat) is moving forward. District Attorney of Lake County is denied prosecutorial immunity.

It's a civil, not a criminal suit (there's actually no such thing as a "criminal suit"). Dinius asserts a bunch of different civil claims against Lake County, Perdock, and various former Lake County officials. The claims involve malicious prosecution, conspiracy to violate his Constitutional rights, supression of exculpatory evidence, violation of due process, intentional infliction of emotional distress, and others. The court dismissed a number of Dinius' claims, but refused to dismiss a number of others. It accepted some of the defendants' arguments but rejected a bunch of others. The claim of prosecutorial immunity was a rather small part of the whole picture -- the defendants brought forth dozens of reasons to dismiss the various claims of Dinius.

The significance of this ruling is that Dinius' case has partially withstood the initial barrage of motions to dismiss and will go on to the next stage.

[Dockhead]

Originally Posted by Richard5

With respect to the letter to the journalist, I have always considered what influence a signator from out of the area would hold. I know that in my own community (a remarkably scenic beachside with many absentee owners or others with an interest looking to buy after retirement) many who do live fulltime in the community would cast a suspicious eye on those who have some interest but do not live there.

I would say that, on the contrary, the interest in the case from people from all over the country and, in fact, the world, should be especially alarming to the culprits. It means that you cannot get away with this sort of thing without a rather wide beam of public attention being focussed on you.

[deckofficer]

On my forum one of our NZ members signed, and thanks to all who have signed the petition.

[David M]

I know this sounds really cynical but the legal system is not going to consider a petition. Don't get me wrong, this cowboy boat cop (not a trained professional mariner) was clearly in the wrong and deserves to be prosecuted and thrown in jail for a long time...just the same as what would happen if a civilian did the same thing. Being a cop is no excuse for recklessness. Apparently though the good old boys who run Lake County law enforcement think it is an excuse. They protect their own even and that's how it is. Legal?...maybe. Ethical?...hell no.

[deckofficer]

David,

All we can do is let Lake County know that this is still on the minds of a lot of people. The fact that he not only to date has he gotten away with this, but is now employed on the local Fire Board. I can't help but believe if people keep hounding Lake County officials, some justice will be served. I would hope if I was a victim of this abuse of power, others would step up for me.