An Appalling Example of California Justice . . .

[TaoJones]

In the aftermath of his acquital, 'Lectronic Latitude spoke with Bismarck Dinius and asked how he felt. Understandably, he's feeling great, however . . .

* * *

"But not all of his feelings are cheerful. There's still the gnawing disbelief that the judicial system wrongfully targeted him in the first place, frustration that the man many feel is responsible for Lynn Thornton's death — Russell Perdock — is not being held accountable, anger at the seemingly personal attacks from D.A. Jon E. Hopkins, and anxiety over how to pay for his defense against what a jury found to be baseless charges."

* * *

To read the entire, very interesting, report, go to:

Latitude 38 - The West's Premier Sailing & Marine Magazine and scroll down to "So What Now?"

TaoJones

[sabray]

Originally Posted by Bash

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.

Bash I said after all else failed I did not say this was good justice. The last belt or suspender saved a disaster from catasophe. I have witnessed good judges. There is a sudltey a weaving through a proceeding when a judge has done the work behind the bench. In this case the judges attitude and intruction showed that dilligence to fact and law were served by his honor. A dismissal thus far in would not have served. So we can disagree but I think you did not read what I posted well. It is way wrong thAt a boat was in excess of50 mph at night on a lake with an operator who's sobriety is questionable vision was impaired killed an innocent. Dinius got screwed here no question. Given the circumstance the judge and jury did well.

[slomotion]

Yikes! I wasn't aware of Hopkins' open letter about the case posted on his web site on 07/17/09 (See Latitude 38 per TaoJones above). This is highly improper for multiple reasons under the ethical rules governing prosecutors under the ABA, Federal, Connecticut, Florida, and presumably California rules. Hopkins knows it too, but he justifies it by stating:

"I have waited until the jury panels have all come to court and have been instructed by the court to avoid media about the case, so that this information will not affect them."

That aint the way I learned it. But, in California - Maybe.

[Starbuck]

1. I'll occasionally nurse one beer only in the afternoon when there's no traffic around; otherwise, I wait until my anchor is set.
2. Whenever my nav lights are switched on, there is an entry in the log noting the action and the functioning lights.
3. Whenever my anchor light is switched on, there is an entry in the log noting the action and the functioning light.
4. I don't know what to do about the abandonment of the idea that the master is responsible for everything that happens, regardless of who is at the helm. In this case, I think that it was sympathy over the fact that it was the owner's girlfriend who died that shifted the responsibility to Dinius by default (along with the DA confusing automobile scenarious w/ maritime tradition), and that I'm still presumed to be responsible for my own vessel @ all times, as my friend is responsible for his, even when I'm steering. Because presumption is all I have (and I like to steer my friend's boat).

I'm happy for Dinius' acquittal.

[Chief Engineer]

Are the Po-po going to be sued in civil court

Originally Posted by Chief Engineer

Does double jeopardy play into this?

Or is there a civil suit in the offing?

Our marine Police here aren't much better

Police play part in proposal - Baltimore Sun talk forum

[slomotion]

The civil suits for personal injury/property damage have already been settled. Dinius may be able to pursue a claim against the state for malicious prosecution. Thornton's executrix says she wants to sue Perdock, but I would think that all such claims were released as part of the personal injury settlements. California Bar complaints against the prosecutor are a definite possibility.

[Amgine]

My understanding was that only the civil suits for liability of direct damages have been settled.

[Hiracer]

Originally Posted by slomotion

Yikes! I wasn't aware of Hopkins' open letter about the case posted on his web site on 07/17/09 (See Latitude 38 per TaoJones above). This is highly improper for multiple reasons under the ethical rules governing prosecutors under the ABA, Federal, Connecticut, Florida, and presumably California rules. Hopkins knows it too, but he justifies it by stating:

"I have waited until the jury panels have all come to court and have been instructed by the court to avoid media about the case, so that this information will not affect them."

That aint the way I learned it. But, in California - Maybe.

"We have a serious problem in Lake County with boaters of all types operating while under the influence. We need to avoid the tragedies of serious injury and death that have occurred on Clear Lake. Hopefully, this tragedy will cause boaters to think of the consequences and dangers of boating under the influence and choose to not operate any watercraft while drinking or taking drugs or prescription medicine that affects their ability to handle the watercraft as well as a sober person."

How did Dinius's drinking in any way contribute to the accident? It didn't. Hopkins makes no mention of speed as a risk factor on the Lake. This guy Hopkin is piece of work. Go as fast as you want on the lake because the prosecutor has already admitted he can't prove you were going too fast for conditions. Great message, Mr. Prosecutor. Give the speed demons a green light.

Hopkins's letter is a piece of advocacy that he was hoping would find its way to the jury via backdoor channels. Highly unethical. And again, very transparent.

He needs to be disbarred, I say. He's a bad apple. He charged the wrong guy when the evidence pointed to Perdock's speed as the prinicple cause of the accident; stood silently by while investigators refused to take witness statements supportive of Dinius's innocence (as if that was OK by him); and then as the case developed he continued prosecuting the baseless charges against Dinius when the evidence hardened up against Perdock. Before the trial, he delayed turning over evidence to the defense, and then issued a letter "to the public" (ya, right) during the trial.

The sytem is on trial here. It needs to fix itself in Lake County.

[Hiracer]

Originally Posted by slomotion

The civil suits for personal injury/property damage have already been settled. Dinius may be able to pursue a claim against the state for malicious prosecution. Thornton's executrix says she wants to sue Perdock, but I would think that all such claims were released as part of the personal injury settlements. California Bar complaints against the prosecutor are a definite possibility.

Dinius needs to sue the investigators in the Sheriff's department, Hopkins, and Perdock for abuse of process, civil rights violations, conspiracy to commit false imprisonment, etc. Time to get creative here. There was some perjury and evidence tampering by various parties toward a common goal of protecting Perdock and making Dinius the fall guy.

Once the evidence sees daylight in the civil trial, the state bar, the attorney general's office, and perhaps the Sacremento County officials will have what they need to act, both public support and the actual evidence..

[Hiracer]

"and having looked at the facts involved, and I have found the investigations and perspective of the investigating officers to be very professional."


Oh, for crying out loud. He even tried to whitewash the investigators in the Sheriff's department, the ones who refused to take statements from witness who saw the lights on.

Really, this idiot has dug his own grave.

[slomotion]

Originally Posted by Hiracer

"and having looked at the facts involved, and I have found the investigations and perspective of the investigating officers to be very professional."

This only one of several ethical violations in Hopkins' Open Letter. The full sentence reads:

"I can speak from personal experience from having reviewed those types of cases, and having looked at the facts involved, and I have found the investigations and perspective of the investigating officers to be very professional."

A prosecutor may NOT personally vouch for the credibility of witnesses to be called at trial. Hopkins justifies this by saying that he waited until the jurors were empaneled and intructed to avoid the media. But, they're not going to hear about in the media or from his lame web site for that matter. They will hear about it from friends, relatives, neighbors; or more likely they will overhear others talking about it in the grocery store, coffee shop, and most likely the courthouse itself.

I think the Bar complaint about the letter may well result in some kind of sanctions

[bmiller]

Anybody heard a peep from Jerry Brown?

[Hiracer]

"We cannot prove the speed of the motorboat."

Maybe not to the tenth of a mph, but in general terms this is a false statement. We know it wasn't going 20 or 30 mph.

"There was ONLY ONE PERSON, Mark Weber, THE SAILBOAT.S OWNER, who claims that the RUNNING LIGHTS WERE ON."

Another false statement.

This letter was intentionally a disinformation compaign. It's full of distortions. Distortions with an obvious purpose. An ethical purpose.

[Charlie]

Originally Posted by Hiracer

Dinius needs to sue the investigators in the Sheriff's department, Hopkins, and Perdock for abuse of process, civil rights violations, conspiracy to commit false imprisonment, etc. Time to get creative here. There was some perjury and evidence tampering by various parties toward a common goal of protecting Perdock and making Dinius the fall guy.

Once the evidence sees daylight in the civil trial, the state bar, the attorney general's office, and perhaps the Sacremento County officials will have what they need to act, both public support and the actual evidence..

Jerry Brown s the attorney general. What a good choice we have from democratic govenor Brown or Newsome. Brown wouldn't soil his hands looking into an obvious case of misconduct by the prosecutor. He was asked to do it and said he wouldn't until there was enough political pressure that he had to then he did it slowly enough so that the trial was on . What a jackass. All politics no justice.

[Hiracer]

Originally Posted by Hiracer

This letter was intentionally a disinformation compaign. It's full of distortions. Distortions with an obvious purpose. An ethical purpose.

Oops. Should be ' An unethical purpose.'