An Appalling Example of California Justice . . .

[dacust]

Sorry for the drift.

[Alan Wheeler]

Thanks guys, it just stops some dipstick hijacking the thread and taking it somewhere we don't want to go. The more political a thread gets, the greater the chance of terrorism if you get my drift.
I appreciate you help.

[Wotname]

Originally Posted by Hiracer

.....
Nowhere in the rules is there a distinction between expected and unexpected hazards. If it cannot be seen, that one thing. If it can be seen but is unexpected, that is another thing.

Mr Hiracer,
Sir, I think we are in total agreement, just took awhile to understand each other's position, perhaps it is part of that American English / Aussie English / Kiwi English / Pommy English translation stuff that Mr Wheels has mentioned in the past.
I use the formal Mr Wheels in lieu of the more informal "Wheels" so he will look kindly upon this potential thread drift (and perhaps promise to buy him a beer when next he is in Perth).
Cheers Gentlemen...

[Hiracer]

Originally Posted by Wotname

Mr Hiracer,
Sir, I think we are in total agreement, just took awhile to understand each other's position, perhaps it is part of that American English / Aussie English / Kiwi English / Pommy English translation stuff that Mr Wheels has mentioned in the past.
I use the formal Mr Wheels in lieu of the more informal "Wheels" so he will look kindly upon this potential thread drift (and perhaps promise to buy him a beer when next he is in Perth).
Cheers Gentlemen...

I love happy endings. Must be that English heritage.

Thread drift . . . . Somebody needs to tied my hands behind my back. Mm mm mm must resist.

We'll be back on subject when the hearing takes up again, no doubt.

Fair winds until then.

[Hiracer]

Dinius' criminal case is going to trial, per judge's order.

Trial set for Dinius - www.record-bee.com

abc7news.com I-Team: Fatal Boat Crash Headed To Trial

"If you'd like to help a fellow sailor, you can donate to Dinius' defense fund by sending checks made out to Bismarck Dinius, writing “Bismarck Dinius Defense Fund” in the memo section, to Sierra Central Credit Union, Attn: Brian Foxworthy, Branch Manager, 306 N. Sunrise Ave., Roseville, CA 95661." Preliminary hearing for Bismark Dinius - The WoodenBoat Forum

"Dinius’ friends have set up a legal defense fund. For anyone who’s interested, they ask that checks be made out to Bismarck Dinius with "Bismarck Dinius Defense Fund" in the memo section. The address is Sierra Central Credit Union, Attn: Brian Foxworthy, Branch Manager, 306 North Sunrise Avenue, Roseville, California 95661."
abc7news.com I-Team:

Personally, I think the time is here to step up to the plate and help a sailor in need. IMHO.

[ronbo1]

Email your opinion of this miscarriage of justice to Jerry Brown, AG of California (see end of article) and/or contribute to Mr Dinius' defense fund.
Ronbo




June 12, 2008 – Lake County, California

"Just because a deputy sheriff negligently slams into a stationary boat at 45 mph killing a woman doesn't mean he should be charged with any crime," the California Attorney General and his office seem to be arguing by their silence.

© 2008 Latitude 38 Publishing Co., Inc.

In just the next chapter in the book on complete crap justice in California, on Wednesday Judge Richard Martin ruled there was enough evidence for 39-year-old Bismarck Dinius of Sacramento to stand trial on charges of vehicular manslaughter in the April 29, 2006, boating accident on Clear Lake that resulted in the death of Lynn Thornton.
In a world where there was even a smidgen of justice, Judge Martin would have stopped the four-day hearing during the first 10 minutes to excoriate the Lake County District Attorney for charging the wrong man with the crime.
For as the outrage now stands, Deputy Sheriff Russell Perdock, who on that dark night slammed his high-powered speedboat into the quarter of the sailboat that Thornton was on at an admitted 40 to 45 mph — and perhaps as fast as 60 mph — hasn't been charged with anything!
Even a moron in robes would have recognized that Thornton would not have been killed, let alone injured, had Perdock not been violating the most basic rules of the road. Even a moron in robes would have recognized that Thornton would not have been killed, let alone injured, had Perdock followed even the most basic notion of common sense.
We ask all of you to put yourselves, as ordinary citizens, in Perdock's blood-soaked boat shoes. If you'd been operating your boat at 40 to 45 mph on a pitch black lake at night, knowing full well that there were often boats and rafts on the lake after dark, and slammed into a stationary boat, killing a woman, do you think the District Attorney would have patted you on the back and said, "Don't worry about it, you didn't do anything wrong"? Or do you think he would have kicked your ass in jail and thrown away the key? And if that was the case for you, do you think it was or should be any different if the negligent boat operator was a colleague of the D.A.'s in law enforcement?
The prosecution's case rests on two main contentions. First, that the running lights of the sailboat in question, Beats Workin' II, were not on. Although the District Attorney apparently didn't want to hear it, at least two witnesses, including a former law enforcement officer, have testified that the sailboat's running lights were on prior to the collision. Second, that Bismarck, who happened to be at the helm as opposed to the owner of the boat, who was a few feet away, had a blood level of .12, which is over the legal limit. It's true that Bismarck should not have been over the limit — a few years back, mind you, he would have been under it — but what's much more important is that even a stone cold sober Russell Coutts couldn't have driven the near motionless sailboat out of the path of Perdock's powerboat roaring at them out of the blackness.
Bismarck Dinius is slated to stand trial this fall . . . unless, against all odds, someone in this entirely corrupt process decides that their vow to stand for truth and justice really means something. That somebody should be former California Governor Jerry Brown, who is currently the Attorney General of the State of California. So what's it going to be Jerry — are you going to just sit there and collect yet another state paycheck, or do you still really give a **** about justice? And please give your answer in a loud and clear voice, because we all want to hear your response.
If you'd like to donate to Dinius' defense fund, send checks made out to Bismarck Dinius, writing “Bismarck Dinius Defense Fund” in the memo section, to Sierra Central Credit Union, Attn: Brian Foxworthy, Branch Manager, 306 N. Sunrise Ave., Roseville, CA 95661. You can also email your opinion on this case to the Public Investigations Unit of Mr. Brown's office.


piu@doj.ca.gov

[Reefmagnet]

This case stinks more then a busted holding tank. Unfortunately the way the law works is an ass. The prosecution has presented evidence of being over the legal alcohol limit in command of a vessel and, with question marks, the failure to display navigation lights. Unless the area where the collision occurred has posted speed limits, the defense will have to prove that the speed of the other vessel was in fact "unsafe" - from a legal standpoint perhaps not so easy to do and / or produce evidence that the police officer had been drinking excessively or there was a cover up involved with regard to testing the guy for blood alcohol content - again not so easy to do. Ultimately, I think the success of the defense would hinge on proving the nav lights were on. An analysis of broken nav light bulb filaments would verify the status of the lights at the time of the collision (just hope he wasn't using LED's!). If the nav lights were proven to be on at the time of the collision, some or a majority of responsibility for the accident would shift to the power boat driver. If they weren't on - this guy could well and truly be screwed.

[Hiracer]

Originally Posted by Reefmagnet

An analysis of broken nav light bulb filaments would verify the status of the lights at the time of the collision.

The prosecution's experts tested the filaments and claim the lights were off or unable to tell, depending on the light.

The defense experts claims the lights were on.

There are nine witnesses that we know about. Some say the lights were off; some say they lights were on.

One of the witnesses who saw the lights on just before the accident was a retired cop, who estimated Perdock's speed to be well in excess of 45 mph.

* * *

Observation: The nautical rules of navigation require all vessels to avoid collisions with unlit objects, including unlit vessels. I challenge any and everybody to quote where the rules say vessels are excused from fault if they hit an unlit vessel. Sorry, the rules don't say that--for very good reasons.

* * *

Observation: the crux of this case (aside from evidentiary issues) comes down to causation. Manslaughter requires a showing that the defendant's conduct caused the death.

[Ex-Calif]

Originally Posted by Hiracer

Observation: The nautical rules of navigation require all vessels to avoid collisions with unlit objects, including unlit vessels. I challenge any and everybody to quote where the rules say vessels are excused from fault if they hit an unlit vessel. Sorry, the rules don't say that--for very good reasons.

Apparently in California there is some other set of rules by which you operate a boat.

Reefmagnet pretty much summed up the case.

Some will claim lights on, some will claim lights off. Even forensic science will be thrown out by "opinion."

No one will dispute the fact that Dinius was drunk.

I still think it totally sucks.

[Hiracer]

Originally Posted by Ex-Calif

Apparently in California there is some other set of rules by which you operate a boat.

And those rules would be what?

* * *

Nor is anybody disputing that Perdock was driving fast. Not even Perdock.

[Ex-Calif]

Originally Posted by Hiracer

And those rules would be what?

* * *

Nor is anybody disputing that Perdock was driving fast. Not even Perdock.

2007 ABCs of the California Boating Law

[GordMay]

From Section 4 of “ABCs ...”
"... SPEED
Speed is limited by law for certain conditions and areas. The maximum speed for motorboats within 100 feet of a bather (but not a water skier) and within 200 feet of a bathing beach, swimming float, diving platform or life line, passenger landing being used, or landing where boats are tied up is five miles per hour.
A safe speed should be maintained at all times so that: a) action can be taken to avoid collision and b) the boat can stop within a distance appropriate to the prevailing circumstances and conditions.
In restricted visibility, motorboats should have the engines ready for immediate maneuvering. An operator should be prepared to stop the vessel within the space of half the distance of forward visibility..."

[Hiracer]

Originally Posted by Ex-Calif

2007 ABCs of the California Boating Law

Those are the same inland nav rules as used in other states.

ronbo1, Thank you for so eloquently expressing the emotion and outrage that I, and I am sure others here are feeling about this case. I think we have effectively identified all of the points of injustice in this case. Now it will be interesting to see what the prosecution comes up with. I agree that no rational person could ignore Perdock's part in this, but clearly, the prosecution has some rationale behind their case.
The one question that has not been answered, and will not be answered, until this case is tried, is, are we missing something? Because of all of the press, and all of the information out there, I really don't think we are, but we still have to keep an open mind until all of the facts are presented. That is hard to do, I agree, but we have a responsibility to hear all of the facts before making a final judgment. If we choose not to consider all of the facts, are we any better than those who we are criticizing?

[ronbo1]

Kai Nui,

While I share the emotion and outrage expressed, the words you credit me with are from the editors of the fine 'Latitude 38' publication that can be found online. Only the bold font is mine...sorry if I didn't make that clear.

But to your point, sometimes justice moves slowly or not at all. Witness the Duke University students wrongly accused of rape by D.A. Nyfong who is now disbarred.

I've been following this case on Latitude 38 for a year and have read enough to feel that Perdock may be the guilty party, but he's not the accused! I don't know Mr. Dinius or his financial situation but good representation doesn't come cheap.

Regards,
Ronbo