An Appalling Example of California Justice . . .

[GordMay]

Originally Posted by bmiller

People like this ...
Talk about a stupid comment.

People like "us" , think that people who judge people like “this” (code for “them” and/or “they”) are ...

Oh ... right ... we (CFers) don’t do PERSONAL criticisms.
We do “nice”.

Generalities generally carry conviction without supporting information or reason. I believe the quoted comment fits that desription.

Yes, I see the contradiction.

[slomotion]

Unfortunately, we have to keep this thread alive until the trial later this month - which will probably be continued. Sigh.

[bmiller]

Originally Posted by GordMay

People like "us" , think that people who judge people like “this” (code for “them” and/or “they”) are ...

Oh ... right ... we (CFers) don’t do PERSONAL criticisms.
We do “nice”.

Generalities generally carry conviction without supporting information or reason. I believe the quoted comment fits that desription.

Yes, I see the contradiction.

Not sure what that meant but I stand behind the fact that his comment about police was generally a stupid generalization, in general.

[Ex-Calif]

While this is an ongoing legal action of interest to our community it would be a shame for it to have to be closed for personal attacks.

Let's all take Gordo's advice and drop the personal attacks.

Thanks!

[Hiracer]

The judge has refused to put a gag order on the parties and attorneys.

'In his 93-page objection to the motion, Haltom [defense counsel] said Sheriff Rod Mitchell and District Attorney Jon Hopkins “have repeatedly publicized their views concerning this case. They have issued press releases, posted materials on the Internet, given televised interviews, and given interviews to the print media. Now, however, the district attorney’s office asks this court to impose a 'gag order.' In a brief that fails to specify any factual basis or legal justification for a gag order, the district attorney’s office broadly requests “an order prohibiting discussion of this case in the media ...”'

We might see some justice yet. Holding my breath and hoping for the best.

Funny how the District Attorney doesn't want the parties or attorneys talking about the case now that it's about to go to trial. I can see why. Especially if the evidence against Dinius at trial turns out to be weak and the statute of limitations to charge Perdock has lapsed. This case might turn out to be a career limiting event.

Lake County News | California - Judge rules against Dinius case gag order

I don't understand the fight over releasing the employment records of the one police officer, Sgt. Beland. What's that about, anybody??

“We [being the District Attorney's Office] have information that I believe now puts the burden on us to obtain the personnel records of former Sgt. Beland,” he said."

"That new information includes new statements that people have come forward with relating to the activities of a material witness on the date of the boat crash. Langan said the District Attorney's Office needs to have time to examine that information."

. . .

"Byrne [the Judge] agreed to reschedule the hearing on the personnel records, saying it shouldn't pose a major delay. “This could be very relevant evidence and very important evidence.”

And what's this business about former Sgt. Beland. Something is up.

[TaoJones]

Originally Posted by Hiracer

<snip>
I don't understand the fight over releasing the employment records of the one police officer, Sgt. Beland. What's that about, anybody??

Good update, John. You just know the DA understands that his attempts to influence the outcome of this case are so transparent, he'd like the court to impose that gag order now so that he can quietly move for a dismissal of the charges against Dinius. He has to be worrying about the impact this fiasco will have on his career.

To your question: Wasn't Sgt. Beland the one who drove Perdock around all night, and turned in the blood sample 24 hours after it was supposedly drawn? It could be that the defense has discovered a past pattern and practice on Beland consistent with such "oversight."

TaoJones

[Hiracer]

Originally Posted by TaoJones

To your question: Wasn't Sgt. Beland the one who drove Perdock around all night, and turned in the blood sample 24 hours after it was supposedly drawn? It could be that the defense has discovered a past pattern and practice on Beland consistent with such "oversight."

My guess: Beland got fired when he wouldn't lie about what he did that night. That's why he is 'former' Sgt. Beland. That's why his employment records have become so important. He probably had an excellent employment record and until shortly after he decided to no longer go along with the coverup. The department started stuffing his file with negatives so they could fire him for failing to participate in the coverup.

Just guessing.

Hope we actually find out some day.

[Hiracer]

This refreshes my memory:

Lake County Sheriff’s Sgt. James Beland testified, that night on shore after the crash, he suggested giving Perdock a breath test, but that a superior ordered him to drive the Chief Deputy to the hospital for a blood test instead. Beland testified he watched a technician draw Perdock’s blood. Then, Beland says he left the hospital in his squad car with Perdock and the blood sample. He testified he couldn’t remember if the sample was in the passenger compartment with Perdock or in the trunk. Beland testified he drove around with Perdock for an hour – he couldn’t say where they went – before he dropped Perdock off and finally deposited the blood sample at the Lower Lake Substation.
Late in the day, Russell Perdock finally took the stand, but for just a few minutes before the court closed for the day. He contradicted Beland’s testimony, saying the sergeant didn’t drive him home from the hospital that night. He couldn’t recall riding around in Beland’s squad car with the blood sample. So, who’s telling the truth?

abc7news.com I-Team:

Seems Beland's career has not survived his testimony contradicting Perdock. I was not aware of that.

[Hiracer]

"Then, last December, Haltom said Beland showed up at his Sacramento office, and told Haltom he was ordered not to give Perdock the PAS test and, as a result, the sheriff's office fired him last year."

Lake County News | California - Dinius case: Defense seeks personnel records of former deputy sheriff

Yep. They have been feeding on their own. Sgt. Beland was fired for talking without permission to Dinius's defense attorney. Something in Beland's employment record backs up Beland's story. Maybe even third party witnesses. Ergo, big fight.

This might be the 'out' the District Attorney needs to drop charges against Dinius. This might be everybody's exit strategy. The end game. DA drops charges against Dinius, saving DA's career. Dinius goes free. Perdock walks with SOL lapse. Civil suits already finished. Beland and Thornton are collateral damage. Game over.

Except . . . who is the big fish that ordered Beland not to give Perdock the PAS test? Mmmm. Somebody could take a fall in this after all. Now, there's your reason for the motion for a gag order. Funny how the Judge didn't play ball. Must be too hot to handle; Judge was looking to cover his own tail. He wanted no part of the coverup; sees big blowup/investigation coming. No dummy he.

[slomotion]

Don't know about employment records, but Beland is a liar and a creep. Lake County News | California - Sailboat case preliminary hearing continued until June:

"Beland testified that he drove Perdock to Redbud Hospital. He was present during the blood draw and witnessed the phlebotomist place the vial in a certified Department of Justice envelope, which later was inserted into an evidence box and turned over to Beland.

During questioning by Haltom, Beland testified that he could not recall exactly where in his patrol car he placed the package containing the blood sample. He indicated that at no time was Perdock left alone in the vehicle unattended.

Beland testified that he and Perdock drove around for awhile and arrived at the sheriff's Lower Lake substation ""about an hour"" after leaving the hospital.

He was unable to recall or describe exactly where they drove nor why it took so long to travel such a short distance.

According to Beland there were no other persons in the patrol car and he had not generated a log indicating the time of arrival at Redbud nor a log of distance traveled before reaching the Lower Lake substation.

Beland testified that he had not discussed the incident with Perdock during the drive. He did indicate that he had driven Perdock somewhere for an extended period of time after depositing the blood sample at the Lower Lake substation but was unable to recall where or when he and Perdock parted company."

[Hiracer]

Beland sure had pretty bad memory about some important details, ya think? I suppose when your boss orders you to do something that is pretty obviously wrong, your memory goes limp.

Either Beland got religion or the lingering idea of a perjury prosecution made him crack. He was fired for talking to Diniuis's attorney. Now Beland is a huge threat to whomever ordered Beland to not give Perdock the PAS test. Lookout, the sharks are starting to feed on each other. This might get messy.

[Hiracer]

And now I think we know why such an otherwise nice and reasonable guy like Perdock was driving so recklessly that night.

He was drunk.








And somebody is guilty of either tampering with evidence or providing false evidence, because that wasn't Perdock's blood in the vial.

Quite possibly somebody within the Sherrif's department.

No wonder the Judge wanted no part of a gag order. This case is going to blow sky high. Stand clear.

[TaoJones]

Originally Posted by Hiracer

And now I think we know why such an otherwise nice and reasonable guy like Perdock was driving so recklessly that night.

He was drunk.

Ya think?

TaoJones

[Hiracer]

Originally Posted by TaoJones

Ya think?

TaoJones

If I was Beland, I would be sleeping with my gun. A lot of problems get solved if he can't testify.

If Beland is sleeping at all.



In a civil case, testimony is preserved before trial, which eliminates the motive to knock somebody off. But depositions don't happen in criminal trials.

I suspect the civil case was settled 'too early' to help Beland, that is before pre-trial depositions were done. I don't think his most important incriminating testimony has been preserved under oath so it can be used at trial in substitute for live testimony.

He's at risk.

My brother, the ex-prosecutor, has run this by me before in a different context. Man, get your testimony under oath on paper ASAP in these situations. Accidents happen. Maybe Dinius's attorney was smart enough to have this done before civil settlement.

What a chess game. Somebody's queen is about to fall.

[TaoJones]

From today's 'Lectronic Latitude, comes their latest take on this bizarre case, which was to have seen the trial of Dinius begin today in Lake County:

* * *

Lake County D.A. in Deep Caca

May 18, 2009 – Lakeport, California
Last Wednesday Lake County Deputy D.A. John Langan asked Judge J. Michael Byrne to delay the felony vehicular manslaughter trial of Bismarck Dinius, which was to start today. Langan made the request because he said he was uncovering new information related to central figures in the case.

* * *

For the rest of the story, go to:

Latitude 38 - The West's Premier Sailing & Marine Magazine

TaoJones