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Old 22-05-2009, 11:57   #451
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Originally Posted by roverhi View Post
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.
On top of all that, Dinius may still be convicted on the DUI charge even if the manslaughter charge goes away. He’s admitted drinking and being at the tiller.

However, whether his blood alcohol level exceeded the legal limit depends on test results. He was given a breathalyzer test. Something which the Sheriff’s Office now says it did not give to Perdock because the accuracy of their device was suspect. I don’t recall whether Dinius’s blood was also drawn at the hospital. This was done with Perdock. But, instead of letting Perdock’s blood be tested at the hospital, his deputy pal drove around with the sample for awhile and later submitted it for testing at a law enforcement lab.

I believe the corruption is now so blatantly obvious and pervasive that the entire case is hopelessly tainted. Accordingly, both the manslaughter and the DUI charge should be dismissed.
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Old 27-05-2009, 14:07   #452
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Dinius was not given a breathalyzer test.

Ostini, who was in charge of the collision scene, testified during the preliminary hearing that it was his judgment that it was better to rely on a blood test at the hospital.

A breathalyzer test also wasn't administered to Dinius at the scene, which Beland testified to suggesting to Ostini. Blood draws were conducted on both Dinius and Weber at Sutter Lakeside Hospital.

Ostini's decision to go with blood tests over the breathalyzer may be better understood when considering a research paper by David J. Hanson, Ph.D., Professor Emeritus of Sociology of the State University of New York at Potsdam, who has studied alcohol and drinking for more than 40 years.
“Because invalid tests can make it more difficult to obtain convictions, many law enforcement agencies now prefer to obtain blood samples, which have fewer sources of invalidity,” Hanson writes.

So Beland – who had testified in court to being among the first sheriff's deputies on scene – drove Perdock to St. Helena Hospital-Clearlake for a blood draw.

Perdock said Friday that he had asked Ostini to have him taken to the hospital as quickly as possible after the crash so that the blood draw could be taken. He said the crash scene was “fairly chaotic” at that point.

He added that he has since voluntarily submitted DNA samples for testing because Haltom questioned whether or not the blood originally tested was actually Perdock’s.

Lake County News | California - DA’s motion outlines new information in Dinius case

. . .

Apparently there are FIVE witnesses placing Perdock at the bar for several hours before his high speed boat crash. abc7news.com I-Team

One of the witness who claims the sailboat running lights were on was invited to join the crew and declined. She saw them pull away with the running lights on. This witness and her testimonly have been hidden from defense counsel until recently. abc7news.com I-Team Perdock did his role by turning the report over to the DA's office in September 2008. The defense didn't get it until the first day of the scheduled trial in May 2009.

It will be very interesting to learn the particulars of how Perdock provided the report to the DA's office and what happened to it upon receipt.

The report Perdock handed over to the DA apparently makes clear why the civil settlement transpired the way it did, and as quickly as it did. It undermined the core of the DA's case against Dinius. The lights were on. Perhaps the only witness stating that the sailboat running lights were off were those on the motor boat who were going so fast that they couldn't see the lights anyhow.

Where there is hell to be paid in this case, besides why wasn't Perdock charged instead of Dinius, is why did Perdock's blood test come back clean when witnesses saw him drinking at a bar before the accident. I note that Professor Hanson refers to 'fewer' sources of invalidity for blood tests, not 'no' sources. I think before this case is over we are going to find out what those sources of invalidity might be for a blood test.
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Old 27-05-2009, 14:23   #453
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The breathalyzer testing device had not been calibrated in a year and, therefore, may not have been admissible in court.

According to Haltom's document, LCSO deputy Mike Morshed, a sergeant at the time of the accident, ordered Beland not to give Perdock a Breathalyzer test the night of the accident because he didn't smell alcohol on Perdock's breath. Morshed also said the devices hadn't been calibrated in a year, and he believe the results would not be admissible in court.

http://www.record-bee.com/ci_12401432
What is interesting is that it now appears that Mike Morshed is also no longer a member of the sherrif's department in Lake County, for reasons I do not know at this time. I could be wrong, but he is apparently the Sergeant referred to below:

Another important part of Langan's motion involves new information supporting Beland's contention that Boat Patrol Sgt. Dennis Ostini ordered him not to administer a PAS test to Perdock at the scene of the crash – which contradicts his testimony on the stand in Dinius' preliminary hearing in May of 2008.

Langan’s Wednesday motion states that on April 27 he received information that district attorney's investigators contacted another former sheriff's sergeant who was on duty and at the scene of the
crash.

That former sergeant, said Langan, provided information “apparently indicating that former Sgt. Beland may have been 'ordered' not to administer a PAS test to Mr. Perdock.”

http://lakeconews.com/content/view/8677/764/
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Old 27-05-2009, 14:38   #454
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Now here is Perdock's timelline on the night of the accident. I believe this was produced by Perdock:

http://dig.abclocal.go.com/kgo/PDF/0...k-timeline.pdf

From 7:00 to 8:40 pm is pretty much dead time. One hour forty minutes to launch the boat and tie to the dock and park the truck and trailer. At 8:40 p.m. Perdock has conversation with his buddy Jim Walker. Jim can verify events after that time, as he and his daughter joined Perdock for a boat ride.

So, how far is this 'dock' from the bar? At 8:00 Perdock was tied to the 'dock.' What dock and where in relation to the bar.
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Old 27-05-2009, 14:41   #455
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One final note... Bismarck Dinius tried to get a leave of absence from his job at a major telecommunications firm, so he could attend the trial that was supposed to start today; he had worked there for ten years. He tells me the company refused and asked for his resignation -- he says they wouldn't give him time off to face the charges, especially with the uncertainty of how long the trial would take. He's unemployed now. Turns out, he could have called in sick just for today.
abc7news.com I-Team

Dinius got fired for nothing.

And if charges are dropped, doubly for nothing.
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Old 27-05-2009, 20:29   #456
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Question: Are you authorized to receive unemployment benefits in California if you 'resign' as opposed to got fired. Is that why Dinius' employer asked him to resign?
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Old 27-05-2009, 20:43   #457
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Question: Are you authorized to receive unemployment benefits in California if you 'resign' as opposed to got fired. Is that why Dinius' employer asked him to resign?
The short answer is "no." An employee who separates from service to an employer voluntarily is not entitled to unemployment compensation. Of course that's why his employer wanted him to "resign."

This poor guy is either paying off a huge outstanding karma debt, or paying it forward to get ahead of the karma curve.

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Old 27-05-2009, 20:49   #458
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You Expect Justice?

I find it amusing that most folks expect justice from a society whose greatest legal minds are confused over a concept as simple as marriage...
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Old 27-05-2009, 21:28   #459
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Hope the trial makes court TV.
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Old 27-05-2009, 21:32   #460
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Hope the trial makes court TV.
If there actually is a trial, Badsanta, you'd more likely find it on Comedy Central.

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Old 27-05-2009, 21:36   #461
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South Park would be great!
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Old 27-05-2009, 21:40   #462
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"Perdock testified . . . he could not have seen an unlighted object more than 10 feet away.

. . .

Perdock's powerboat, a Baja Outlaw, plowed into the back of the sailboat at about 40 mph to 45 mph, launching it over the sailboat and shearing the mast."

Man to stand trial in boating death | PressDemocrat.com | The Press Democrat | Santa Rosa, CA

This is goes to the heart of what's wrong with this case, IMO. Perdock admitted that he could not see an unlit object more than ten feet away, yet drives his boat at a very high rate of speed--as if he has no legal obligation to avoid hitting unlit objects. Where, exactly, did that odd notion come from?

And the DA doesn't think that's recklessness? The DA agrees that boaters have no legal obligation to avoid hitting unlit objects?

At best, is that not just plain incompetence on the part of the DA? Isn't that really the best we can say about this DA, he's incompetent?

I absolutely would love to publicly debate this point with the DA. I would challenge the DA to find legal authority for his position. He has none, absolutly none. The marine navigation rules and regulations are quite clear on this. So are vehicle rules of the road.

Early in the case, as soon as I heard that the DA was using the no-lights excuse for not charging Perdock, I knew right then that the DA was at best incompetent or at worst a partner in crime with the sheriff's department. The no-lights excuse didn't make any sense then, and now that the lights are being discovered to have been on--well, it still makes no sense.

It is recklessness per se to drive anything, car, boat, snowmachine, whatever, at a speed beyond the ability to stop within your line of sight. By definition, you can't stop in time--no matter what. That's been the problem with this case from day one.

Any DA who argues that one is entitled to drive something beyond their line of sight is just plain incompetent or worse. What remains in this case is find out which.
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Old 27-05-2009, 21:55   #463
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To put the shoe on the other foot, suppose the sailboat had an electrical short while sailing at night. All electronics no longer work, including the VHF.

So the boat is slowly sailing home in a nearly windless night.

And the DA is going to argue that Perdock has no obligation to avoid hitting the unlit sailboat?

With regard to solely Perdock's culpability, what difference does it make why the lights were not on?

In this case, Dinius's level of culpability is independent of Perdock's culpability. As a matter of logic, that Dinius may, or may not, have committed a different crime is no argument that Perdock was not reckless.

Boats can be expected to be unlit at night for a variety of reasons, some attributable to the fault of the captain, some not. But the fact is, we all know it happens. Ergo, we are obligated to avoid hitting them. What Perdock did is a good example of why.

Something is wrong with this DA.
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Old 28-05-2009, 12:31   #464
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Hmmm.

Some early reports said that Dinius was given a breathalyzer:

Home

Of course, a lot of early reports are now proving to be inaccurate. In any case, I would like to know whether Dinius's blood sample was tested at the hospital or delivered by a deputy to a law enforcement lab like Perdock's.
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Old 28-05-2009, 13:26   #465
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Then again - maybe I'm misunderstanding the latest accounts. Is the procedure: Have blood drawn and TESTED at the hospital. And then take the remainder or B sample to the Sheriff's evidence room for storage?

If so, I'm amazed that Perdock's hasn't disappeared. Of course, defense counsel suspects that it isn't even his.
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