An Appalling Example of California Justice . . .

[Serenity_]

Post #668 is a good link to read if you want to get caught up on what happened and don't want to read all 675 threads.



Which I did.........





for the past 3 hours..........









Wow I'm tired.........

[fishwife]

Originally Posted by TaoJones

John, can you provide a link to the .pdf document your post mentions in the second quote. I would very much like to read it.

The inference is that Perdock was high on some substance from the opium class of drugs on the night he caused the death of Lynn Thornton. Opiates are characterized by drowsiness and a dulling of the senses. This, I take it, is in addition to whatever he had been drinking earlier in the evening when he was observed in a waterfront bar.

That, in my view, is huge.

TaoJones

Here you go. http://lakesheriff.com/boat_case%20files/06040456.pdf

[sarafina]

#647 has the links to the PDF and 911 calls

[Hiracer]

I don't have time to look it up now but the link to the PDF was in one of my prior posts. I seem to recall that the opiate test was not related to the accident, but was in his employment file and might be the reason why he was suspended in the first place. Just guessing, however.

[Hiracer]

Oh, thanks Sarafina and Fishwife.

[TaoJones]

The positive test for opiates was indeed part of the accident, as its presence was detected in the sample of blood drawn from Perdock, either the night of the accident, or sometime the next day. I will attach a couple of screen shots that, together, show the pertinent page from the lab report.

If the blood was drawn right after the accident, as some involved in the investigation have always maintained, then the opiate was present at the time of the accident. If Perdock's claim that he was not under the influence of any drugs or alcohol at the time of the accident is true, then he would have ingested the opiate sometime after the accident, proving that his blood was not drawn until the next day, as some have always suspected, thereby allowing time for the alcohol to leave his system.

Either way, it's just one more indication that the "investigation" was flawed.

TaoJones

[Hiracer]

I could never figure out why the media didn't dig into this. It's such a juicy nugget.

[Hiracer]

Isn't it possible that Perdock took the opiate some days or even weeks before the accident, and the drug test sort of accidentally found it out much later? Don't these drugs linger for awhile in the body?

The discovery of opiates could explain his suspension and termination. The Sheriff's department would never terminate him on account of the fatal accident in order to keep their story line consistent. But drug use would be a convenient tool, especially once it became obvious that other people instrumental in protecting Perdock from criminal prosecution were at risk for losing their jobs.

And that would explain why the opiates were never very material for Dinius's trial.

[Hiracer]

Dinius is suing in federal court everybody connected with the the frame up, including the district attorney.

Courthouse News Service

"He seeks compensatory and punitive damages on claims of conspiracy, libel, intentional infliction of emotional distress and malicious prosecution.
The defendants are Perdock, Sheriff Rodney Mitchell, District Attorney Jon Hopkins, Marine Patrol Sgt. Dennis Ostini, investigator James Bauman, Marine Deputy Lloyd Wells, Detective Sgt. Wesley Frey, Sgt. James, Sgt. Dean Pick, Sacramento County Sheriff's Dept. Sgt. Charles Slabaugh, Lake County, and the Lake County Sheriff's Office."

So now the prey is the hunter. I hope he cleans their clock. And movie to follow.

[ronbo1]

Bravo for Dinius!...he should continue up the food chain to AG Jerry Brown who could have stopped this miscarriage of justice years ago costing taxpayers and destroying lives.

[Hiracer]

More of the same:

Lake County News | California - Dinius seeks $1 million in federal lawsuit against Lake County, local officials

Dinius files federal suit - www.record-bee.com

LCSO Wars: Dinius Strikes Back | the Lake County Manifest

I am so happy Dinius is doing this. We need it to deter other law enforcement officials from engaging in this kind of behavior.

I've said from day one that the DA and sherrif's office had more to lose by taking the criminal case to trial than Dinius. No way they could convict Dinius, and they were risking their jobs to try. Man-oh-man , not only were they corrupt, they were stupid too.

I'll bet right about now the gang has no warm and fuzzy feelings towards Perdock. OTOH, they each had an chance to do the right thing at the beginning of the case, but each of them decided to roll downhill on the path of least resistance (at that time) which was to participate in the frame up. Bad decision, or so it seems now.

[imagine2frolic]

Sometimes it just takes sooooo lllooooonnnnnggggggg.......i2f

[Christian Van H]

God this is great news! I cant wait to see what they dredge up...

[sarafina]

Originally Posted by imagine2frolic

Sometimes it just takes sooooo lllooooonnnnnggggggg.......i2f

yep... in this case it about gutted Dineus's life...

Funny, I was at Svenson's the other day and heard so guys shooting the breeze and one made a comment about how the captain is always responsible no matter who is at the tiller and I pointed out that vis a vis this incident that wasn't the case... They were both pretty surprised looking, hadn't considered the case that way... and one said "but maritime law has always..." and then tapered off. cause it don't no more...

I hope he shreds those guys a new one, but that won't give him back the wasted years.

And I don't think it will put the legal precedent genie back back in the bottle. They found Dineus not guilty of manslaughter, but they didn't throw out the case...

[Healer52]

Unfortunately, it's not just California....police misconduct at individual and departmental levels is too common everywhere.

Last week a sergeant in the Indianapolis PD killed several motorcyclists when he ran them down. He had Officer Jim Beam in the car too, it seems.....and it's the 4th or 5th time the department took official notice of him drinking on duty, but they didn't bother to stop him....And thats just another in a long string of bad cop stories.