Latitude 38 'Lectronic
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Bismark Dinius Preliminary Hearing Delayed
Attorney General's Office wants your input
May 23, 2008 – Lakeport, Lake
County
In Wednesday's
'Lectronic, we reported that Bismarck Dinius'
preliminary hearing on vehicular manslaughter charges had begun.
After just three days of testimony, the hearing has been put on
hold until June 10 due to scheduling conflicts.
One of the more interesting pieces of information to
come out of the hearing was Deputy James Beland's testimony that,
after Deputy Sheriff Russell Perdock — who slammed his powerboat
into the drifting sailboat Beats Workin' II at 40+ mph
on a pitch black night on Clear Lake, killing Willows resident
Lynn Thornton — had given a blood sample at the local hospital,
co-worker Beland "drove him around" for more than an
hour before taking him home — with the blood sample in the
car, no less. Beland couldn't recall what they did or talked about
during that hour, but he insisted they didn't talk about the accident.
Really? Did they talk about the weather or how the Red Sox were
doing? Perdock testified the next day that he was "certain"
Beland didn't drive him home, but he didn't say how he got there.
Outside the courtroom, Deputy District Attorney John
Langan told a reporter for the Lake County Record-Bee that his
job was "to evaluate the evidence as it is and determine
if we can go forward. The issue is whether or not Mr. Dinius committed
a negligent act or omission while operating the boat, and whether
that act caused the death of Ms. Thornton." In other words,
if Dinius could not have predicted or foreseen the accident, he
cannot be held liable. Could it be that someone in the Lake County
DA's office is finally thinking rationally?
As we were writing this up for today's edition, we
got a call from Dinius. "Everyone keeps asking that,"
he said when asked how he was doing. He said the support he's
received from the community — and complete strangers —
has renewed his faith in human nature. "I didn't cause this
accident or Lynn's death — my conscience is clear. I'm not
going to let it run my life."
Indeed, Bismarck Dinius is another study in resolve
and bravery. "I'm getting married in June," he revealed,
"and will be racing in the Catalina 22 Nationals next week
in Grapevine, Texas." Look for his report on the event in
a future 'Lectronic.
If you'd like to help a fellow sailor, you can donate
to Dinius' defense fund by sending checks made out to Bismarck
Dinius, writing “Bismarck Dinius Defense Fund” in the
memo section, to Sierra Central Credit Union, Attn: Brian Foxworthy,
Branch Manager, 306 N. Sunrise Ave., Roseville, CA 95661.
Another way to help was brought to our attention
by ‘Lectronic reader Will Sitch. “An analyst
at the Public Investigations Unit of the Attorney General’s
office said they were following the case to determine if there
has been some impropriety in the actions of the Lake County DA,
and that the general public should email
their opinions. He said that no one would reply but that the responses
would be used primarily for statistical analysis purposes to determine
the scope of the level of public interest in the case.”
- latitude / ld
(Reprinted without permission from Latitude 38 on May 26, 2008)
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