An Appalling Example of California Justice . . .

[slomotion]

First day's (well, partial day) deliberations are over with no verdict. Jury has been sent home. They did send out a question, wanting written navigation and master/crew rules. Reportedly the Judge basically told them they already had the applicable rules.

Also, the Judge ruled that the courtroom would be closed during deliberations. I have never heard of this - jurors do not deliberate in the courtroom. However, Noyes reported being able to overhear jurors at times while he was in the courtroom. So maybe it's just a Lake County courtroom acoustics thing.

Hard to say whether the failure to reach a verdict on the first day means anything. I wouldn't think that the question about nav rules would have anything to do with the misdemeanor charges. So, maybe they're stuck on the felony, or maybe they have already decided the felony issue and are hung up on the misdemeanors, or who knows? The usual mantra is that the longer they stay out, the better for the defense, but .......

[Ex-Calif]

Originally Posted by slomotion

Would that it were so. The method maybe simple, but:

A California DOJ criminalist called by the prosecution examined the stern light and concluded that it was off when it was broken. A marine safety engineer called by the defense examined the stern light and concluded it was on when it was broken.

Yeah. No real need for us to debate. The system requires that each side have an expert to refute the expert on the other side. Then it boils down to explaining the science, explaining the credentilas of the person explaining the science and then explaining the result. Both sides will do that - imagine...

But when you sell the sscience of what happens to the filament when it breaks while hot it does become compelling.

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.

[imagine2frolic]

That's why they have the measuring tape at the door of 7/11. One will claim it was a midget while the next witness will claim it was a giant. The broken filament is a broken filament, and there can be no mistake if it was on, or not,,,,true, or false?........i2f

[sarafina]

verdict coming in.

[Southern Star]

We're waiting......

Brad

[slomotion]

The verdict is in. After a combined 7 hours of deliberations:

Not guilty: on felony BUI and misdemeanor BUI

Deadlocked on the other misdemeanor - whatever it is - 11 to 1 for not guilty on this charge.

[sarafina]

1. Judge finds jury is hopelessly deadlocked on count 3. Declares a mistrial on that count. Foreperson said 11 were going for not guilty, 1 guilty.less than 5 seconds ago from web
2. The hung on Count 3 - 11 to 11 minute ago from web
3. count 2 -- not guilty, operating under the influence2 minutes ago from web
4. tha's the felony3 minutes ago from web
5. verdict count 1-- not guilty.3 minutes ago from web

[Hiracer]

Not guilty for the felony; not guilty for the operating under the influence; hung on last count 11 to 1 not guilty, mistrial as to that count. I don't recall what that count is.

Good. God bless America. Justice has been served, in part.

The state of CA needs to disbar the D.A. He just got his ass handed to him for being an ass.

Fire Perdock.

[Southern Star]

If its 11:1 against conviction, even this fool DA won't re-prosecute on the count that resulted in a mistrial. I won't say that justice has been done (justice delayed, in a case like this, is justice denied). And it still appears to anyone who has followed this case (and I suspect now the jurors) that the truly guilty party has gone free. But yahoo!

Brad

[slomotion]

Count 3 - the one they were deadlocked on (operating with a BAC of .08 or greater) is DISMISSED.

Not sure why - probably it is simply illogical for a person not guilty of BUI to be guilty of this necessarily included offense.

[Hiracer]

Originally Posted by Southern Star

And it still appears to anyone who has followed this case (and I suspect now the jurors) that the truly guilty party has gone free.

Assuming that the SOL to charge Perdock has lapsed, the community has the D.A. and sheriff's department to thank for the fact that the guilty party is walking free.

Mission accomplished, in the eyes of Lake County "law enforcement." They kept their guy out of jail.

Talk about screwed up priorities.

Unless the D.A. is disbarred and some investigators fired, this kind of thing might continue indefinitely there. From their perspective, they won. Perdock committed manslaughter and skated free. Because they take care of their own, they are above the law.

The best the local community can hope at this point is that none of them get framed for a crime they didn't commit, but only after years of Kafka-like legal proceedings, unemployment, and huge legal bills. At this point, Lake County "law enforcement" still has the upper hand. They are a force literally to be feared.

So, now that the verdicts are in, what is Jerry Brown to do? Nothing???? Milk toast, that guy.

[sarafina]

just imagine how annoyed the 11 jurors are with that one stupid hold out!

[cal40john]

Originally Posted by slomotion

Count 3 - the one they were deadlocked on (operating with a BAC of .08 or greater) is DISMISSED.

Not sure why - probably it is simply illogical for a person not guilty of BUI to be guilty of this necessarily included offense.

Not that I necessarily understand, but the judge's instructions to the jury included saying that operating with a BAC > .08 does not require finding that he was BUI.

John

[slomotion]

Originally Posted by cal40john

Not that I necessarily understand, but the judge's instructions to the jury included saying that operating with a BAC > .08 does not require finding that he was BUI.

Right. Apparently under California law .08 is not conclusive and the jury must still find that the accused was "impaired." Of course, the jury could also have reasonable doubt about the accuracy of the BAC test - not a farfetched possibility given the questionable handling of blood samples in this case. Or, they could have believed that Dinius wasn't "operating" the boat.

[xxuxx]

Originally Posted by Hiracer

Assuming that the SOL to charge Perdock has lapsed, the community has the D.A. and sheriff's department to thank for the fact that the guilty party is walking free.



Mission accomplished, in the eyes of Lake County "law enforcement." They kept their guy out of jail.

Talk about screwed up priorities.

Unless the D.A. is disbarred and some investigators fired, this kind of thing might continue indefinitely there. From their perspective, they won. Perdock committed manslaughter and skated free. Because they take care of their own, they are above the law.

The best the local community can hope at this point is that none of them get framed for a crime they didn't commit, but only after years of Kafka-like legal proceedings, unemployment, and huge legal bills. At this point, Lake County "law enforcement" still has the upper hand. They are a force literally to be feared.

So, now that the verdicts are in, what is Jerry Brown to do? Nothing???? Milk toast, that guy.

So true.....they take care of their own. ALWAYS......and in every community in the USA..........This has got to stop!!!