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Old 20-05-2009, 12:57   #436
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It would be justice IMO if the lapse of the 3-year SOL ultimately forces some DA to prosecute and convict Perdock of a more serious crime with a longer sentence than otherwise might have been prosecuted.

One can hope. Really sweet if that were to happen. Perdock's buddies in the Sheriff's department unwittingly screwing him. Sweet, I say.








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Old 20-05-2009, 14:24   #437
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I agree that actual justice for Perdock might satisfy the desire for vengeance, John, but it does nothing for poor Bismarck Dinius. From today's 'Lectronic Latitude:

* * *

"Will the Prosecution Cry 'Uncle'?

"May 20, 2009 Clearlake, Lake County

"As we predicted from the beginning of the Lake County District Attorney's shameful and misguided prosecution of Bismarck Dinius for the '06 boating death of Lynn Thornton, their case is crumbling around them like a sandcastle at high tide. As ABC Channel 7's I-Team investigator Dan Noyes reported last night, the prosecution turned over 110 pages of discovery that they'd had in their offices for months."

* * *

To read the rest of the story, go to:

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

To see the I-Team report, go to:

Lake County prosecutor admits major missteps in fatal boat crash case - 5/19/09 - San Francisco News - abc7news.com

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Old 20-05-2009, 14:46   #438
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Well, I'm sadden to hear that Dinius recently lost his job.

* * *

Lake County prosecutor John Langan announced that the 911 recordings from the night of the crash have somehow disappeared.

And, he turned over 110 pages of discovery that include a report from a private eye hired by Perdock three years ago.

The report quotes several witnesses who saw the sailboat's running lights on that night -- including one woman who says she spoke with sheriff's investigators just a few days after the crash.

"I've never heard of her before, clearly that's the prosecution's whole case against Mr. Dinius is based on the theory that these lights were supposedly off and why on earth am I getting this on the day the trial is supposed to start from the District Attorney's office," Dinius' attorney Victor Haltom said.

Dan Noyes: "Why not hand it over sooner if it was provided to you last year by Perdock, why not hand it over sooner to the defense?"

John Langan: "It wasn't provided to me, it was in existence in our office, when I get it, I'm going to give it to him, but why it wasn't given to me is certainly something I'm going to check out."

Judge J. Michael Byrne expressed concern that the prosecution failed to turn over evidence.

"It is a very unusual case with unusual circumstance, that continues to get unusual," Byrne said. "

Lake County prosecutor admits major missteps in fatal boat crash case - 5/19/09 - San Francisco News - abc7news.com



Given how the case against Dinius is crumbling as it is, I can't imagine any reason for the DA to continue to trial other than the fact that DA is implicated and somebody within the Sheriff's department is going to squeal against the DA if Perdock gets charged.

When does the State of California have enough circumstantial evidence to put it on notice that it has a rogue DA and Sheriff's office obstructing justice? What are its obligation as this case devolves?

Or, does the conduct of the DA and Sheriff's department at some point become a federal matter? What triggers that?
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Old 20-05-2009, 15:00   #439
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The prosecutor does an awful lot of stuttering during the interviews.. Thanks for the videos.....i2f
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Old 20-05-2009, 17:03   #440
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The prosecutor does an awful lot of stuttering during the interviews.. Thanks for the videos.....i2f
Did you see where the judge was chuckling when he made his remarks about this 'unusual case.' He knows what's happening. At this stage, only moron wouldn't.

1. Manslaughter is a serious charge that must be proved beyond a reasonable doubt. The DA and the judge both know it won't stick. DUI, sure. Manslaughter, no way--too many third-party witnesses stating that the lights were on. Without the lights off, there is no case against Dinius. If the lights were on, he was just a drunk driver at the wrong place and wrong time. That's not manslaughter.

2. Further, so many people within the Sheriff's department have dirty hands that it is not in their best interest to prosecute Dinius. At this point they really don't need defense counsel exploring their roles in the coverup. So, the path of least risk to these guys is to drop charges against Dinius.

Therefore, I would say Dinius's ordeal will be over in a few weeks. There is simply no reason at this point to prosecute Dinius. The original purpose has now evaporated.

The question becomes, does the DA then charge Perdock?

1. If the DA fails to charge Perdock, one would think his days of being a DA are numbered. It's a career limiting move if he drops charges against Dinius and fails to charge Perdock.

2. OTOH, the Sheriff's department might be able to implicate the DA in the coverup. That could be a problematic for the DA.

But I think we might see a shift in the battlefield here. The swing power has always been the Sheriff's department and their motiviations are changing. Initially they were motivated to save the neck of one of their own. If charges against Dinius are dropped, that just highlights the coverup even more if Perdock is not charged. To shift the media theater away from themselves, they may well need Perdock prosecuted.







It's a stretch, I know.
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Old 21-05-2009, 06:14   #441
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Oh what a fine kettle of fish you have gotten us into this time Ollie
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Old 21-05-2009, 07:03   #442
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What adds insult to injury is that the prosecutor, rather than acknowledging that the new evidence that was available to him, but only dislosed on the eve of trial (confirmation that the sailboat's running lights were on), tends to establish that Dinius was not at fault and hence the charges against him should be dismissed, he instead lamely says that the new investigator cannot complete his investigation by the new trial date and for that reason, he may move for dismissal. Incredible!

It is also incredible that he would not have already made inquiries as to why this evidence was not brought to his attention, if that is in fact what had taken place.
Furthermore, it strains anyone's credulity to accept that not only had the 911 tapes gone missing (and that there are apparently no copies, or transcripts of the same), but that such would have only been discovered and disclosed on the eve of trial.

Yes, the odd thing can slip through the cracks in minor prosecutions, but in one with this notoriety (and in particular, with the sheriff's office and DA's office already subject to widespread criticism in the media for the investigation/prosecution), I suggest it is indicative of far more than mere negligence. It is indicative of, at best, a wanton and callous disregard for the interests of justice and the rights of the defendant Dinius; at worst, a deliberate conspiracy to pervert justice and convict an innocent man. While Dinius may ultimately lose his 'day in court' as an opportunity to prove his innocence and victimization at the hands of the prosecution team, we can only hope that those responsible for this travesty will not lose their own 'day in court - this time as defendants facing equally serious charges.

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Old 21-05-2009, 08:43   #443
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It's not hard to believe this is happening...

...in a state where a rookie cop makes more than three times as much as an Assistant Professor in a community college.
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Old 21-05-2009, 10:31   #444
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I agree that actual justice for Perdock might satisfy the desire for vengeance, John, but it does nothing for poor Bismarck Dinius.
The "good" news for Dinius is that prior to these most recent revelations, he had no chance of maintaining a successful malicious prosecution lawsuit because the court long ago ruled that there was sufficient evidence to support a good faith prosecution. Now he may be able to successfully claim that the prior ruling was the result of police and prosecutorial misconduct including fraud upon the court. In the end Dinius may wind up with a bag of money.
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Old 21-05-2009, 11:17   #445
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And in my opinion, he should wind up with a bag of money. Quite apart from an ever increasing legal bill (which escalates with each adjournment sought by, and granted to the DA), he has suffered through a lengthy period where he was accused of serious criminal conduct that caused the death of a friend. Public and personal humiliation, of course, but he was also at risk of going to jail for a crime he did not commit. A pawn in a battle against an arguably corrupt investigation and an (at least) overzealous, or incompetent prosecutor. Knowing that his navigation lights were on and surely wondering why the investigation had not turned up any independant evidence to confirm the same; knowing (or at least suspecting) why his claim to the lights being on was rejected over the claim of the speeding boater who ran into him; knowing (or at least suspecting), why that same party was not subjected to a breathalyzer test when he was. In similar circumstances, how would you feel? How well would you sleep at night? What faith would you have in ultimately obtaining justice?

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Old 21-05-2009, 11:31   #446
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Slo,

I'm with you and Brad. I hope Dinius does end up with a bag of money. He's been through three years of Kafka hell. From day one this case has been all about government employees trying to protect the guilty.

I also hope this case eventually ends up with Lake County cleaning house. The people in that county deserve better than the sheriff's department and DA's office they currently have.

What is the process to indict people in the sheriff's department and DA's office? Obviously, it's gonna take some outside agency. Which one?
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Old 21-05-2009, 12:02   #447
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What is the process to indict people in the sheriff's department and DA's office? Obviously, it's gonna take some outside agency. Which one?
Dunno. Presumably, California has some provision for a special prosecutor and grand jury. The fact that the AG's office has already been involved in this case may either frustrate or encourage that depending on whether Jerry Brown feels duped or just wants the whole thing to go away.
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Old 21-05-2009, 12:09   #448
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Dunno. Presumably, California has some provision for a special prosecutor and grand jury. The fact that the AG's office has already been involved in this case may either frustrate or encourage that depending on whether Jerry Brown feels duped or just wants the whole thing to go away.
I can assure you that Brown and his handlers will do the political calculus and go with whichever one they think will enhance his effort to reclaim the governor's chair.

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Old 22-05-2009, 11:18   #449
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I am, of course, not well versed in the laws of the United States, but are there not federal offences for conspiring to violate someone's constitutional rights? As I recall, the LAPD members who were acquitted of assault upon an African American on the side of the freeway (and despite it being captured on video), were subsequently tried and convicted in federal court for just such an offence. If that is correct, then it may well be outside of the sphere of political control of Brown and other state authorities.

Regardless, I am sure that Tao is correct - before any government official/agency jumps into these waters, there will be a careful check of the political temperature.

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Old 22-05-2009, 11:33   #450
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Ex Governor Moonbeam, who is now the Attorney General, reviewed the case and refused to intervene on Dinius's behalf. Doubt there will be any relief from the State.

Dinius is deeply in debt paying for his defense. The cost in time to mount his defense has cost him his job. He'll probably have to file bankruptcy. Unfortunately, California's dismal economic situation means he'll have to move out of state to find employment. To put it succinctly, this rediculous prosecution has pretty much ruined Dinius's life. Knowing the legal system's love of protecting their own, doubt there will be any relief for him in Court.

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