An Appalling Example of California Justice . . .

[GordMay]

Originally Posted by YOGAO

... a metal picture of a bell curve tells me that "half of all people..." can't be right.

For the most part, I belive (& my experience suggests) that (more than) half of all people are (almost) always wrong, on any given subject - at least outside their specific training/occupation (& sometimes/often, even then).

Mea culpa: I’m not a mathematician, statistician, nor social scientist/educator, so I may sometimes misuse/conflate the terms mean/median, average, and/or the normal (or Gaussian) Bell Curve distribution; for which I apologise.

I leave it to each, to judge for themselves, how useful the information possessed by those at the middle apex of the Bell Curve (“average”) is, in any specific case.

Educators often centre the distribution on a 70% test result; which (for instance) would allow the average person to remember <5 of 7 of their (local) telephone digits. Accordingly, the “average” person cannot successful phone home. I realise that this an exagerated & inappropriate example, which I only propose to dramatise my position.

I apologise for expressing my low esteem for the average man; but suggest that he (whomesover he may be ) might also apologize to the rest of us, for making so little effort to improve himself.

[Wotname]

To add to gord's Gbservations:

Not sure if this is statisically correct but I like to think the average boater is a cut above the average man.

[TaoJones]

From today's 'Lectronic Latitude, comes word on the upcoming (Friday, June 12) hearing in the ongoing People of the State of California v. Bismarck Dinius trial. From the report:

* * *

"Since picking up the scent of the story, [SF Channel 7 I-Team Reporter Dan] Noyes has been relentless in investigating what appears to be a deeply rooted good ol' boy network in Lake County's law enforcement system. He's spoken to a number of interesting people the Sheriffs' Office undoubtedly hoped would keep their traps shut: . . ."

* * *

To read the entire update, go to:

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

Scroll down to "Protest Planned for Dinius Hearing."

TaoJones

[Hiracer]

Local street protest against the DA. Gotta love that.

The article states that the attorney in the DA's office who has been handling the case, Langen, has been taken off and now the head DA, Hopkins, has taken over the case.

Interesting that the article reports Hopkins wants to drop charges against Dinius until the investigation is over, at which point his intent is to recharge Dinius.

It is interesting that Hopkins knows the direction of the case BEFORE the investigation has been completed. Let's think about what that implies.

[slomotion]

Per the Latitude 38 article:

"Regardless, Hopkins has made it clear that he wants to drop the charges against Bismarck Dinius — until his team can "finish" their investigation, at which time he plans to recharge him!"

I have read something like this a couple of times and assumed that it was simply a case of misreporting. Even in California you cannot drop charges or dismiss a criminal case and then refile it after the statute of limitations has expired. Even when a civil case is dismissed without prejudice to refile, you cannot refile it after the relevant statute of limitations expires. Actually, of course, you can file anything you want. But, if the SOL has expired, it's a complete defense.

If the D.A. really said this, maybe he isn't corrupt at all; he's just incompetent. Then again, maybe he's both.

[Hiracer]

I'm hoping that this is a case of poor communication, where Hopkin's reference to refiling means filing against Perdock but the reporters mistakenly think it means against Dinius.

I think in the first report, the DA is credited with the desire to refile, without reference against whom. I think this report may have been embellished, this second time around.

[TaoJones]

I seriously doubt Hopkins has any intention of ever refiling against Dinius, especially if, as slomo has pointed out, he simply cannot. Rather, I suspect Hopkins is taking over the case to milk it for all the attendant media attention (as 'Lectronic Latitude so cannily observed). He will then move to dismiss on Friday and hope like hell that Dinius will slink off and hide, fearing Hopkins may re-file at a later time.

By holding out that possibility, I think, he's trying to bluff Dinius and the defense into copping a plea to a lesser charge. In that way, the sham trial is avoided, Perdock skates, Hopkins can tell the community (come election time) that his office did the best they possibly could to protect the citizens of Lake County, and the whole debacle will quietly fade away.

I doubt that will happen, though. Not as long as so many of us have a computer and internet access.

TaoJones

[BigDreams]

My 'thanks' to everyone who continues to keep this sham public.

I've never witnessed anything like it.

If previous information is correct, now the " 911 " phone call tapes just after the accident have gone "missing."

I just wonder why the F.B.I. has not begun an investigation of the department involved. Clearly, something is wrong.

[Hiracer]

Tao,

Any chance the DA will move for dismissal later this week, finish the investigation later, and then conclude that Dinius is the culpable party but abandon the case because of Dinius's SOL defense, i.e., let Perdock walk? A derivation of your assessment above.

With street protests outside his door, I can't imagine the DA doing that, but what do I know. So far this case has defied logic, reason, and common sense.

I kind of think somebody has to be convicted. Some crime was committed by somebody. We have a dead lady here.

[TaoJones]

Originally Posted by Hiracer

<snip> With street protests outside his door, I can't imagine the DA doing that, but what do I know. So far this case has defied logic, reason, and commen sense.

Yeah, really, what do any of us know for certain at this point? I'll place my faith in slomo's take on it: the DA can re-file if he wants, but if the SOL has passed, Dinius can't be tried.

Logic? Reason? Common Sense? Not in Lake County law enforcement, apparently.

TaoJones

[Robertcateran]

Originally Posted by YOGAO

Gord,

Not sure if you are trying to illustrate your point with that post, but a metal picture of a bell curve tells me that "half of all people..." can't be right.

I have been following this travesty and with my tongue firmly planted in my cheek,

Can't someone call in the A-Team?!

If the range of intelligence is a true bell curve, then median, mode and mean are all the same. As intelligence is a continuous variable (though measurement of it isn't) then then Gordon is half a person out in his statement. In reality, in the measurement scale, 0 is brain dead but there are some people of over 200. This suggests the average is a bit higher than the median, and Gordon is correct.

[Hiracer]

Originally Posted by BigDreams

If previous information is correct, now the " 911 " phone call tapes just after the accident have gone "missing."

Two thoughts.

First, I recall hearing part of the 911 phone call in one of the news clips. Plus, I suspect it was reduced to a transcript before it went missing. So what was said during the call is likely not the issue.

The recording's significance has increased greatly on account of the witness reports that Perdock was drinking before the accident. An expert might be able to tease out some evidence of slurred speach, which might be why it went missing. So what's missing is not so much what was said, but how Perdock said it. Nice.

Second, that recording did not just suddenly sprout legs. Somebody took or destroyed it. If not, the DA's office would have found it by now. For sure from embarrassment alone, they are motivated to find it. They flat out can't.

Couple the missing 911 recording with the fact that the blood test for Perdock apparently was transported from the hospital to the lab by Perdock and another officer, one begins to see a solid pattern whereby any evidence concerning Perdock's drinking before the accident seems to run into a black hole. Every time.

[TaoJones]

In a lengthy report in today's Lake County News, the question of the DA's office moving to dismiss the case, completing their "investigation," then re-filing against Dinius was addressed. Here's the relevant section:

* * *

"If the District Attorney's Office did drop the case with the intention of refiling following an investigation, it would have two years to refile under the statute of limitations, [DA Jon] Hopkins said in an interview late last week.

"The case against [Bismarck] Dinius was filed in May of 2007, more than a year after the crash. While the statute of limitations on the manslaughter charge runs out after three years, Hopkins said the clock stops running once the case is filed and begins working its way through the courts.

"Hopkins wouldn't state a planned course of action on the case – whether or not it would be dropped, investigated and refiled, or whether the trial would begin on June 30 as scheduled.

" 'Everything is always possible,' he said.

"It appears that the case isn't being dropped at this point; a motion to dismiss would have had to be filed last week, and the court clerk's office had no record of such a motion on file."

* * *

For the rest of the story, go to:

Lake County News | California - New round of motions, developments in Dinius case

TaoJones

[BigDreams]

Originally Posted by Hiracer

Two thoughts.

So what's missing is not so much what was said, but how Perdock said it. Nice.

e.

Hiracer,

Excellent point. With life as busy as it is, I haven't read nor heard all the details of the event and I didn't know that the off duty officer actually made his own 911 call. I had always assumed any 911 calls had come in from nearby citizens on shore as I figured those involved in the collision were probably too traumatized to call for help.

But, as you correctly stated, the transcript that likely was produced wouldn't provide the all important voice variations (or slurs) that might be understood by a jury as someone under the influence.

Very good point, Hiracer.

[Hiracer]

For the second time, defense counsel has filed motions to have the DA's office recused from the case.

"In his 33-page motion, Haltom's [defense counsel] cites as justification for the recusal several factors – a relationship between Flynn and Perdock, both members of the Clear Lake Callayomi Masonic Lodge; Hopkins' “prejudgment of the prosecution's newly-directed investigation”; and “repeated and ongoing suppression of exculpatory and third-party culpability evidence” by the district attorney and sheriff's offices, who he also accuses of suppressing information about relationships amongst members of the “prosecution team.”

"In the second, 18-page motion, Haltom said the District Attorney's Office has failed to comply with the terms of an agreement in which a sample of Perdock's blood taken at St. Helena Hospital-Clearlake the night of the crash is to be sent for independent testing."

Lake County News | California - New round of motions, developments in Dinius case