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Old 20-08-2009, 14:05   #601
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Not entirely sure of the law but quite sure how it is on my boat. On my boat I am the operator as a guest you may be asked to trim a sheet or steer but I am responsible for the safety of those on board and the vessels conduct. Rarely have I had guests misunderstand that. maybe like 1 in a 11.
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Old 20-08-2009, 14:34   #602
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Looking at the "law" enforcement in Lake County is making me feel the same feelings I felt back in the late 60s and early 70s regarding the gov't......
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Old 20-08-2009, 15:11   #603
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Not entirely sure of the law but quite sure how it is on my boat. On my boat I am the operator as a guest you may be asked to trim a sheet or steer but I am responsible for the safety of those on board and the vessels conduct. Rarely have I had guests misunderstand that. maybe like 1 in a 11.
Yup. Early on in this thread, when I was young and foolish, I was prepared to give the prosecution the benefit of the doubt. I thought that despite the apparent culpability of Perdock, the prosecution sincerely believed that the sailboat’s lights were off and simply did not understand that a 27 foot sailboat with master and 4 crew aboard is not like a car or a speed boat with a "driver" at the wheel. However, it soon became clear that this was a transparently corrupt cover-up designed to protect a fellow "good old boy." And worse than that, this prosecutor unnecessarily took the case all the way through a felony trial which can only be explained as persecution of the defendant and a childish abuse of power.
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Old 20-08-2009, 15:53   #604
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One thing is for sure - eye witnesses are the absolute worst evidence of what actually happened. I have had 10 people give me 10 versions of what happened in an accident during interview and they are all different than what the flight recorders actually traced.
When the decision was made to charge Dinius, eye witness accounts were the only evidence the D.A. had concerning the lights. And the majority of witnesses claimed that the lights were on.

It's not like the true complexion of the case wasn't discernible even at that early stage. When the only evidence available at the time of charging was faulty eye witness accounts, and most of those eye-witness accounts were supportive of the defendant's innocence, it's kind of obvious what the real intentions of the D.A. were.

It's hard imagining any other D.A. charging Dinius given the weak facts established at that time. The evidence about the lights was inconclusive, inherently weak, and on balance in Dinius's favor.

The reasons for the D.A. to charge Dinius were inexplicable except to protect Perdock.

The D.A. has abused his power in order to protect a guilty person who committed manslaughter--a very serious crime. The D.A. should be disbarred for his abuse of power.
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Old 20-08-2009, 16:12   #605
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And if the state bar is too timid to disbar, then the state's attorney general should fire the D.A.
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Old 20-08-2009, 16:21   #606
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'Lectronic Latitude is running a Special Edition on the acquital of Bismarck Dinius. From the report:

* * *

"SPECIAL EDITION: Bismarck Dinius Found Not Guilty!

"August 20, 2009 Lakeport



(Click on the
photo to enlarge it.)
Bismarck Dinius' life can begin again!
Photo Courtesy Bismarck Dinius
2009 Latitude 38 Publishing Co., Inc.

"At 11:30 this morning, the Lake County jury came in with their verdict in the trial against Bismarck Dinius: Not guilty of felony BUI resulting in death. Not guilty of BUI. And 11-1 for acquittal of operating with a BAC over .08. That charge was later dismissed by District Attorney Jon E. Hopkins, who finally saw the writing on the wall and then quickly fled the courtroom."

* * *

To read the entire report, go to:

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

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Old 20-08-2009, 17:08   #607
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So after the mistrial Hopkins voluntarily dismissed the .08 BAC charge. I suppose he deserves some credit for that. But, personally I liked him better when in addition to being a corrupt S.O.B. he was completely devoid of all common sense.
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Old 20-08-2009, 17:17   #608
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It's strictly a guess, slomo, but I imagine Hopkins did a little political calculating: He might be able to persuade the voters of Lake County that he honestly believed he was prosecuting the correct party if he cuts his losses at this point and lets the case begin to fade from the public's consciousness. But if he rolls the dice and re-tries Dinius on the last charge, then loses that case as well, his chance of ever winning his next election probably goes down in flames.

With any luck, there will be an organized effort to recall Hopkins now. Even if it proves unsuccessful, it will keep the story of his incompetence on the front page in Lake County all the way to the next election. You just know that there are probably a half dozen attorneys in Lake County who have already formed exploratory committees as they eye a run for Hopkins' job.

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Old 20-08-2009, 17:27   #609
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I do believe that while all other justice was failing the judge served well as did our system of jurors.
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Old 20-08-2009, 17:28   #610
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I agree Tao. And the delicious irony is that if early on Hopkins had dropped everything except the .08 BAC charge, he probably could have proven it with 4 witnesses in 45 minutes. And there never would have been a trial anyway because Dinius would have pled out. "Incompetent" is a generous description.
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Old 20-08-2009, 17:30   #611
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I do believe that while all other justice was failing the judge served well as did our system of jurors.
YES! In the end the system worked - but only at tremendous cost to an innocent man.
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Old 20-08-2009, 17:55   #612
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The guilty party

I don't suppose there's any chance Perdock will ever be charged with anything given the current players in the Lake County leagal system. Even if a formal complaint were filed it would be up to Hopkins to prosecute and we all know that would never happen. It's very discouraging to watch a system that is supposed to have checks and balances, fail to do so under the guise of "it would tarnish public faith in our leagal system if a police officer were put on trial for [fill in blank]". This practice is self defeating for obvious reasons and the result is a common mistrust of the system as a whole.
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Old 20-08-2009, 18:31   #613
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I disagree!

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I do believe that while all other justice was failing the judge served well as did our system of jurors.
For justice to have been served, this "case" should have been summarily dismissed the moment it showed up on the court docket. The defendant has been ruined financially, including the loss of his job, and confidence of Californians in our law enforcement is at an all-time low. For this trial to have made it all the way to a jury decision is an absolute travesty, and even the judge ought to be hanging his head.
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Old 20-08-2009, 18:43   #614
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Dissagree

I had thought the same thing at first, but now think the judge alowed things to continue so evidence could be presented and made public. As I wrote before, Perdock will never be charged, but with the trial, everyone is now aware of him and what he is, not to mention the whole LCPD. He will have to go pretty far away to escape his reputation.
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Old 20-08-2009, 18:59   #615
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Does double jeopardy play into this?

Or is there a civil suit in the offing?

Our marine Police here aren't much better

http://talk.baltimoresun.com/showthread.php?t=211535
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