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Hiracer · 27-02-2009, 09:20

The judged denied Dinius' motion for a reduction in the charges to misdemeanors, despite the fact that the district attorney did not argue against the motion. Wow.

"Deputy District Attorney John Langan offered no opposing arguments during the afternoon court session."
Lake County News | California - Judge denies motion to reduce charges in sailboat case

"Then, in a 20-minute response, [Judge] Martin denied Haltom's request, explaining that, despite the technical and creative merits of Haltom’s motion, it was not timely, as a window of opportunity to submit motions of this type had come and gone."

"[Judge] Martin further explained that the next window of opportunity available to the defense to request a review of such a motion would be between the point of conviction and the time of sentencing."

This I simply do not understand. Or maybe I do. No reduction now, but maybe later (like after the SOL to charge Perdock has lapsed).

"While still in the courtroom and discussing future court dates with Martin and Langan, Haltom informed the court that he would be seeking DNA samples from Perdock. Haltom openly expressed his doubts as to the validity of the blood samples allegedly taken the night of the incident."

"'I have good reason to believe that the blood in the vials may not be Perdock's blood,' said Haltom."

This could get interesting. Imagine if the DNA shows that it's not Perdock's blood, which just makes the coverup even more obvious, and the SOL to charge Perdock has lapsed. There might be an investigation into the coverup--by parties outside of Lake County--to uncover how a man guilty of manslaughter was never charged.

Imagine if they find out that the blood in the vial is one of the investigators or someone else who worked for Perdock.

Hiracer · 10-04-2009, 15:43

The judges have now ruled three times against Dinius's motion to reduce charges to misdemeanors.

Judge denies third attempt at motion to reduce charges against Dinius - www.record-bee.com

xxuxx · 17-04-2009, 11:44

Quote:

Originally Posted by GMac

I think the simple answer is one of the primary rules of boating.

You must keep an adaquate watch at all times.

Wether the yacht had lights on or not the driver of any vessel is required by maritime law to keep an adaquate watch. The sheriff (whomever) obviously didn't.

We have a recent case very similar here. Fizz boat runs over kayak at sunset, no body killed but it happened right at the enterance to the Sth Pacifics biggest marina. It was ruled that martime law says all boats should have proper lights and so on but a 'primary rule' (there is only 4 or so of them) states no matter what you have to keep a proper watch. Watchkeeping is more important than having your lights on.

In the case here the kayak didn't have lights and at sunset was close to invisable. The fizz boat was aware he was in a harbour and boats use the harbour also kayaks are boats. It was deemed that knowing there was a possiblity a boat could be there he should have been driving so as to be able to see and avoid it if neccesary. He was going full titty so couldn't have seen a kayak if one was there, one was and he plowed over it, he was found to be at fault. The general boating public seem to completely agree.

The twist? The boat at fault was a patrol boat of the Royal NZ Yacht Squadron, the one challanging for the AC next week. Twist part 2, the driver was the Vice Commadore.

In this case the Sheriff should have know there was a possiblity of boats being out there, especially if there was a race on. He was driving to fast to see and avoid a yacht that could have been, in this case was, there.

He was wrong, ping the bugger!

The police and the judicial system ALWAYS are guilty of predjudice for themselves...in other words they back each other up. Here in chesapeake VA, a cop shot and killed a woman who was branishing a saw. Go figure? He got off scott-free!! He could have used a taser, or mase, or 2 of them could have jumped her, but no ...they pulled there weapons and one of them fired and killed a woman. My point here is that cops, sheriffs etc get a major break when it comes to law-breaking. This sheriff should not have been going 40mph at night. Maybe he was going 30mph or 25mph but that is fast enough to kill. Where is this guys liability, responsibility?? I hate the police and what they represent. IMHO.

TaoJones · 17-04-2009, 13:10

From today's 'Lectronic Latitude, comes the latest update on the current state of the outrageous railroading of Bismarck Dinius. From the update:

* * *

"To add insult to the concussion, two broken ribs, broken hand and various other injuries Dinius sustained in the crash, the Lake County District Attorney filed manslaughter charges against him instead of the person many believe is the only responsible party: Russell Perdock. Now we can't say with certainty that the Lake County DA is using Dinius as a scapegoat to protect one of their own, but something sure smells."

* * *

To read the entire update, go to "Dinius Trial Date Closing In" at:

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

TaoJones

Latitude38 · 30-04-2009, 12:06

I am writing to update a link that appears in a post from TaoJones on June 29, 2007 (I can't believe we're still talking about this travesty!). Tao pasted a June 27 'Lectronic Latitude story into his post, and the link to our subscription/distribution page has changed since then. The new URL is http://www.latitude38.com/admin/subsform.html
We'll continue to follow this story with updates in the magazine and on 'Lectronic Latitude.

Hiracer · 30-04-2009, 12:41

Lat,

Thanks.

I feel the criminal justice system is itself on trial in this case. Preliminary verdict: Guilty of obstruction of justice.

TaoJones · 30-04-2009, 13:33

Quote:

Originally Posted by Hiracer

Lat,

Thanks.

I feel the criminal justice system is itself on trial in this case. Preliminary verdict: Guilty of obstruction of justice.

Indeed, Hiracer. In fact, where I had assumed DOJ stood for Department of Justice, I guess it is actually Department of Obstruction of Justice.

TaoJones

jpssailing · 04-05-2009, 02:10

Bla bla bla The vessel not under comand ie drifting with a drunk helmsman not showing lights gets hit by a guy doing what powerboats do go fast whats the problem here !

Southern Star · 04-05-2009, 04:55

Rather than piping in with a rude and decidedly unhelpful 'bla bla bla' (sic), you should try reading the entire thread - there is an extensive discussion about the facts, the evidence, the law and potential conflicts of interest.

Brad

imagine2frolic · 04-05-2009, 05:09

Quote:

Originally Posted by jpssailing

Bla bla bla The vessel not under comand ie drifting with a drunk helmsman not showing lights gets hit by a guy doing what powerboats do go fast whats the problem here !

There have already been cold remarks like that. As suggested you should read the thread. You might not be so BLA if it was your friend, or family member

......i2f

xxuxx · 04-05-2009, 07:56

Quote:

Originally Posted by jpssailing

Bla bla bla The vessel not under comand ie drifting with a drunk helmsman not showing lights gets hit by a guy doing what powerboats do go fast whats the problem here !

Why just blurt out ignorant words with no understanding of the problem.

Did you know that they believe the sheriff was under the influence and that they are DNAing his blood sample because the DA feels his sample as switched in order to protect him??? Which is the crux of this thread: that the police are above the law....always.

Hiracer · 07-05-2009, 13:34

Quote:

Originally Posted by xxuxx

The police and the judicial system ALWAYS are guilty of predjudice for themselves...

Three years ago (or four . . .) there was the case in Kentucky where the Govenor's wife, ex-Miss Kentucky, ran over and killed a cyclist in broad daylight near a park where cyclists rode and congregated regularly, which happened to be near the Governor's house.

The cyclist was a women from Germany.

The Governor's wife claimed that the sun was in her eyes (as if it's OK to drive when you can't see).

What I found incredulous is that the day of the accident, the police announced that they were going to conduct an investigation (future tense). The police opined at that time that the investigation would find the Governoer's wife innocent of any wrong doing.

Ya think!

And so it did. She was never charged with a thing. I wonder how they knew that the Governor's wife was innocent BEFORE they started the investigation? The body was very nearly still warm when they make that announcement. How so very clairvoyant.

People like that should be making millions in the stock market.

Badsanta · 07-05-2009, 14:11

From my experience (observed) With automobile's, if there is an accident and a driver is intoxicated, it is their fault even if they were just sitting there and were hit by the other car. If that cop was drinking he should fall on his sword along with everyone involved in the cover up. He should be a MAN. I was raised to believe that PIG stood for pride, integrity and guts, not perjury, idiocy and guilty or some such.

Patient · 09-05-2009, 03:50

Quote:

Originally Posted by Badsanta

From my experience (observed) With automobile's, if there is an accident and a driver is intoxicated, it is their fault even if they were just sitting there and were hit by the other car. If that cop was drinking he should fall on his sword along with everyone involved in the cover up. He should be a MAN. I was raised to believe that PIG stood for pride, integrity and guts, not perjury, idiocy and guilty or some such.

Yes, in my state you can be arrested for a DUI even if you are just taking a nap at the drivers seat parked on the street (Illinois).

More on topic... Although I tried very hard to see both sides of the story here, what really pushed me over the edge was the comments posted on the ABC News Blog dedicated to the case.

You can read them here.

According to the numerous commentators there, it seems that this county has a long history of abuse of power. That and the combination of allegations that the DA is in bed with the entire department kind of makes it a no brainer when pointing blame.

What I find extremely alarming is the multiple witnesses whose statements where refused immediately in conjunction with the lapse of time between Blood alcohol samples between both parties.

What a shame.