California. Hear Ye! Hear Ye!
Over the past few days, nominations have poured in from the morally and financially bankrupt state of Ka-li-for-nia for the induction of Lake County “visiting” Judge J Michael Byrne and District Attorney Jon Hopkins into the EEBA.
The facts of these nominations are as clear the bong water “MJ’s Place” Cannabis Club where we suspect visiting J[X]udge Byrne and Lake County D[X]istrict Attorney Jon Edwin Hopkins are convening in an attempt to hallucinate a jury to railroad the alleged tiller man of sailboat into a vehicular manslaughter conviction but here’s what we think we know.
On the near moonless night of April 29, 2006, forty year old Bismarck Dinius of Carmichael, California was piloting an O’Day 27 foot sailboat on Clear Lake with four other persons aboard, including the vessel’s owner, Mark Weber and his fiancée, Lynn Thornton.
At approximately 21:10 hours a 24 foot, 4000 pound, 385 horsepower Baja Outlaw penis extension driven by Lake County Chief Deputy Sheriff Russell Perdock smashed into the aft starboard (right) side of the O’Day, careened into the cockpit, striking and fatally injuring Lynn Thornton, ripped off the cabin roof, sheared off the aluminum mast, travelled along the deck and over the port (left) bow and back into the water. See Facebook photos of “Beats Workin’ II”.
Weighing in Mr. Dinius’ disfavor is “Lake County’s” allegation he was sailing while inebriated (“SWI”). According to “investigators”, his blood-alcohol level was 0.12— above the California legal limit even if the DA is an entrepreneurial type.
According to California Attorney General, Jerry “Moonshot” Brown’s butt boy/investigator and Russell Perdock the sailboat’s running lights were not switched on as required under the law. Mind you, this is the same, Jerry Brown who took four tries to pass the California Bar examination and refused to investigate the case of former federal prosecutor Miles Frederick Ehrlich who obtained information regarding criminal activities of a lawyer, quit his job as the head of the white collar crime division of the US DOJ and undertook representing the lawyer against the interests of a crime victim and witness.
Of course, two credible Marine accident experts (see: the Dodd Report and Chilcott Lighting Report) and numerous eye-witness reports refute Jerry’s butt boy’s incredible findings. See: [DOJ Findings].
During Dinius’ preliminary hearing Lt. Charles Slabaugh of the Sacramento County Sheriff’s Marine Services Unit revealed that the toggle switch for the sailboat’s cabin lights was in the on position.
Perdock initially told investigators he was travelling approximately 40-45 mph when he rammed the ass end of the O’Day, a figure he revised downward to 30-35 mph when deposed under “oath.” At Dinius’ preliminary hearing, it was revealed that Perdock told Sgt. Dennis Ostini of the Lake County Sheriff’s office Boat Patrol that his penis extension’s gauges were pointing straight up (approximately 60 mph) just before he impacted Weber’s (alleged) party boat.
According to one eyewitness, Peter Elmer, a retired bay area marine division police sergeant, he estimated Perdock’s “man machine” was doing 50 mph sometime prior to the collision. After the accident, Elmer called the Lake County Sherriff’s office (three times) and requested they meet with him to take his statement. Whoever took the calls refused citing the fact that Perdock hadn’t been charged. This of course makes sense given Perdock is second in command of the Lake County Sherriff’s Department and therefore presumed innocent while evidence proving his innocence can be manufactured and any potential evidence of guilt obfuscated or suppressed. (see: Innocence Project Joins Boat Crash Defense).
Wes Dodd (cited above), estimated Perdock’s vessel would have had to have been travelling in excess of 40 mph—too fast given night time navigation conditions. Perhaps Perdock assumes perjury only applies to common folk in California and he’ll take his chances with God?
Here’s where the bong water really gets murky. Before proceeding we suggest you read the following posted on the Lake County, California Sheriff’s website: Lake County Sheriff’s department code of ethics.
Maier’s Law: “If the facts don’t conform to the theory, they must be disposed of.”
Several witnesses recalled seeing Perdock earlier in the evening at bar of the Konocti Harbor Resort & Spa drinking something. Perdock denies he was there and heretofore has only admitted to consuming a half can of Coors Light prior to the accident.
According to Lake County Sherriff’s deputy Breland, he was ordered by someone at the Sherriff’s department not to administer Perdock, or anyone, a breathalyzer test at the scene– allegedly. Instead, the department elected to request blood samples from potentially responsible parties, Perdock, Dinius and Weber.
Sergeant Breland, was nice enough to give boss Perdock, a lift to St. Helena Hospital-Clearlake while Dinius and Weber were transported to Sutter-Lakeside Hospital. Blood was drawn and according to Jerry’s boys, the “samples from all three were collected and stored in the Sherriff’s evidence locker on April 30, 2006, at 1345 by Deputy Pfann.” Conveniently, Perdock had keys to the building in which all three samples were stored in an unlocked refrigerator until they were transferred to the Bureau of Forensic Services Crime Lab in Santa Rosa on May 1, 2006.
The label on “Perdock’s” sample states the test was conducted at 23:30 on April 30th—approximately 26 hours after the accident. In an addendum to the label affixed to Perdock’s sample, a Lake County sheriff’s deputy alleges the technician made a mistake, that the sample was actually drawn at 23:30 on April 29th which of course is interesting because witness and sailboat passenger Zina Dotti recalls that Perdock was present at the accident scene until at least 00:30, when she left on April 30th see: [ABC7 local I-Team Article].
In light of the foregoing, we can only conclude that at approximately 23:30 on April 29th or April 30th, a vial of blood was labeled as containing Perdock’s or somebody’s blood by a technician at St. Helena Hospital-Clearlake. Expectedly, results came back indicating a blood-alcohol level of 0.00.
On April 30, 2006, the day after the accident, Lake County dispatched their Barney Fifes to investigate and compile eye witness reports from numerous individuals who’d called 911 operators after the accident. According to a report by the ABC7 local I-Team, witness Doug Jones was informed by one of the Barney’s the Sherriff’s department had already proven there were no lights on the sailboat. Jones informed the deputy he noted the lights were definitely on to wit the Barney responded “you couldn’t have” and left. At least eight other eye witnesses also noticed the sailboat’s cabin or running lights were on before the time of the crash. The tapes of all of the 911 calls concerning the incident, except of course deputy Sherriff Perdock’s, vanished only to mysteriously reappear last week.
Enter the Esquires
Despite the fact, Perdock’s 385 hp penis extension mowed Weber’s (alleged) party boat fatally injuring Lynn Thornton, the Lake County District Attorney’s office, decided not to pursue any charges against Perdock electing instead, to charge tiller man Dinius with vehicular manslaughter and boating under the influence.
Based on the “facts” we assume District Attorney Jon Hopkins’ reasons for not similarly charging Perdock were as follows:
1) a lack of evidence Perdock was inebriated while operating his 24 foot 385 hp penis extension;
2) the fact that Perdock claims he didn’t see the sailboat’s running lights even though numerous eye witnesses noted variously that the cabin and running lights had been illuminated which reports are supported by the observations and/or testing of physical evidence by three marine accident investigators;
3) the wide range of speed estimates (30-35 mph, 40-45 mph and approximately 60 mph) recounted by Purdock to investigators at the time it impaled the ass end of the sailboat;
4) the fact that Dinius didn’t have a key to the Sherriff’s substation where the blood samples were stored; and
5) if an officer of the law were to be charged with vehicular manslaughter it would soil the image of law enforcement officials in the eyes of the public.
This is Duke Lacrosse west– an overzealous prosecutor attempting to gain notoriety for himself at the expense of taxpayers, the public’s faith in the judicial system, the cohesiveness of a community and an innocent citizen, among others. Are Hopkins and Mike Nifong related?
Judge Byrne certainly has the discretion to vacate the charges against Mr. Dinius yet heretofore has not done so. In fact he’s done the opposite refusing Dinius’ Esquire’s request for an evidentiary hearing. Why? This case is beginning to draw significant media attention. Does Byrne fancy the fame of the spotlight Judge Lance Ito received during the O.J. trial?
Analysis
This case is tragic on many levels. Lynn Thornton lost her life. Her son lost his mother. Her family lost a sister and daughter. Mark Weber lost his friend, confidant and [fiancée].
Bismark Dinius has been dragged into the gauntlet of an unpredictable legal system facing up to 12 years behind bars despite the fact his alleged intoxication was not the proximate cause of the accident.
Bearing in mind that criminal charges, even in Jerry Brown’s, People’s Republic of California, must be proven beyond a reasonable doubt, given the bungling of the “investigation” by the Lake County Sherriff’s department coupled with their failure to protect access to the blood samples of Dinius, Weber, and Perdock by Perdock and his underlings in the Sheriff’s department no juror of sound mind could possibly vote to convict Dinius of boating under the influence. Moreover, given eyewitness and experts’ conclusions that the sailboat’s running and cabin lights were on prior to the collision, no juror of sound mind could conclude beyond a reasonable doubt the sailboat was improperly lit.
Even if he’s found not-guilty by a jury, Dinius faces enormous legal bills—a fact that is certainly not lost on either DA Hopkins and Judge Byrne because after all revenues from legal services support the legal community and the politicians who enact legislation protective of their various self-serving franchises see: Self-serving Lawyer Laws herein.
Given District Attorney Hopkins’ blind ambition, his and his predecessor’s failure to control the investigation coupled with the Sheriff’s department’s failure to properly interview eyewitnesses, secure and properly log evidence, it would be very difficult to construct a winnable case against Perdock at this juncture.
Setting aside the shenanigans alleged to have occurred within the Lake County Sheriff’s department, Perdock certainly didn’t intend to ram Weber’s boat causing Lynn Thornton’s death. Undoubtedly he feels significant remorse which he cannot express given the potential consequences to him and the impact that would have on his own children.
And the Meek Shall Inherit the Earth
You could be the next Dinius.
Apathy on the part of the public set the stage for this case. The CalBar clowns and idiots like Jerry Brown do not serve the interests of the public or OUR judicial system ahead of the interests of the legal profession and their politician brethren who collectively have become America’s de facto aristocracy. Citizens must unite against this blight or run the risk of someday facing the same circumstances as Dinius.
Here’s what you can do:
1) Help Dinius fight these absurd charges. His friends have set up a legal defense fund. Make your checks out to to Bismarck Dinius with “Bismarck Dinius Defense Fund” in the memo section. The address is Sierra Central Credit Union, Attn: Brian Foxworthy, Branch Manager, 306 North Sunrise Avenue, Roseville, California 95661.
2) This is NOT an isolated case. Educate yourself regarding the significant problem of attorney and judicial misconduct and the fact that few substantive remedies exist for victims. There are hundreds of examples on this site.
3) Protect yourself, your friends and loved ones by refusing to vote for any politician who either takes donations from the legal community or is himself or herself a lawyer.
4) Run for political office or support those who vow to support legislation to regulate the legal profession.
Of course we here at EvilEsq.com, welcome support as well. To get involved visit our about page.
This site will be significantly expanded in the near future so check back often.
Coverage of the Dinius case to be continued.
Nice article, but it’s Perdock, not Purdock.
Russell Perdock has no remorse, sheds no tears and hides behind his badge. It was he who ran his powerboat into the sailboat. It was Perdock who broke the safe boating laws put into place to protect the public. It was his men, his deputies, his department who investigated the accident. It is Russell who bloggs online to defend himself and blames Dinius. Perdock killed and the LCDA is using Dinius as a scapegoat.
As to the blood sample.
Somewhere is states Officer Beland and Perdock left the hospital at 0130, they drove around for a while before leaving Perdock off at his home and Officer Beland then took the sample to the substation’s locker. That would make the 1345 time incorrect also along with the date. (26 hrs question). So why isn’t deputy Pfann on the witness list?
Bismarck Dinius needs our support.
Thanks! I changed the two instances where this his name was misspelled.
Impossible to have a BAC of zero. The human body produces a minor amount of alcohol in it’s daily work – just look in the DMV drivers training handbook for acceptable level of BAC. I learned this when my youngest got his driving permit as it was one of the question. I thought 0.00 was the only acceptable BAC for any driver, so did my son and he got the question wrong. The lady at the DMV explained the above to me, besides body functions mouth wash also can give a BAC level. Just a small lack of veracity in a case with a semi truck full of bs & false info.
This is great news…. Apparently Bud Light removes alcohol from blood.
Several errors:
Sorry, but there are several errors to your story. Zina Dotti corrects her own mistake in court when she is questioned at the preliminary hearing. She originally stated to abc7 that Perdock was at the scene after midnight. Then later realizes that she was not on scene after midnight either. She verified this information by her cell phone records. Go check it out for yourself.
There are no witnesses to the collision who say they saw any lights. There are witnesses who say they saw the sailboat leave the dock approximately 2 hours before the collision with running lights on.
The witnesses who say that their statements were refused were actually given the opportunity to provide statements. They were just taken at a later time.
There is proof by hospital documentation that Beland is incorrect when he says that he took Perdock home from the hospital after driving around for an hour. It shows in hospital discharge records that Perdock’s now ex wife took him home from the hospital.
The witnesses who say they saw Perdock at Konocti drinking before the collision came forward approximately a month ago when this tragic accident occured over 3 years ago now. Where were they then?
Minor details: Weber was not Lynn Thornton’s fiance, merely her long time boyfriend, even though it has been reported this way in all of the media. His statement under oath is that they “had talked about getting married”, but they were not engaged.
Perdock had a half a Coors light, (not a Bud light) at a pizza parlor many hours before the collision.
And of importance in my opinion, Dinius’ BAC was 0.12% approximately 2 and 1/2 hours after the collision. Not at the time of the collision. (Weber’s was 0.18% approximately 2 and 1/2 hours after the collision and Perdock’s was 0.00% approximately 2 and 1/2 hours after the collision.)
Repeat 2x has no idea what Perdock feels.
He or she continues to report things that are completely untrue.
Russ Perdock is 100% at fault in causing this tragedy. It was Perdock who broke 1 of the many boating laws while he plowed recklessly thru the waters. With the lack of visibility he didn’t slow down he continued speeding at 60 miles an hour and with a whole 10ft of visibility. Risky? Yes. Reckless? Yes.
Conflict? Honorable Judge Robert Crone was the judge who performed Donna and Russ Perdock’s marriage some years ago. He’s the same local judge who denied the motion by the defense to recluse the DA office
from the case. Most judges would have reclused themselves for less but Judge Crone didn’t.
What about a DDA for a girfriend? What about her participating in near daily blogging and on the air radio show defending her boyfriend’s actions? It’s not considered a conflict of interest because Russ Perdock isn’t charged with anything. Yet it was Russ Perdock, his action alone that caused the death of Lynn Thornton and you can’t change that.
For the DA to use Perdock as a star witness inorder to prosecute an innocent man is a crime in it’s self. He should be prosecuted for attorney misconduct.
Thanks for your response:
Re your para #1 When did Ms. Dotti say she left? At midnight? 1/2 hour after Russ Perdock’s or somebody’s blood was allegedly drawn. Or maybe that actually happened 26 hours later. This really doesn’t matter though because, the blood samples were mislabeled and the chain of custody compromised. No competent prosecutor would charge someone given this circumstance but a corrupt prosecutor certainly would try.
Re your para #2 Expert, forensic reports support witness statements the lights were on the sailboat.
Re your para #3 Witness statements should never have been refused… in fact, the Sheriff / Coroner of Lake County should have immediately called Mental midget Jerry “Moonshot” Brown and had the State of California conduct the entire investigation. Moreover, given that the chief deputy Sheriff is potentially a responsible person, a special or independent prosecutor should have been appointed to determine if charges were warranted.
Re your para #4 Why is this relevant? Perdock had the keys to the Sheriff’s substation and the blood samples were not transfered to the lab until May 1st.
Re your para #5 Unfortunately the blood samples were mislabeled (perhaps) and stored in a place where Perdock could have accessed them. Therefore, we’ll never really know whether Perdock had not been drinking. One commenter points out– it’s impossible to have a BAC of 0.00. If this is true (and we will investigate) then there is certainly reason for suspicion regarding the test results of the blood alleged to be Perdock’s.
Re your para #6 Smart not to get married. Helps keep the Esquires away.
Re your para #7 Ahh… so its Coors that removes alcohol from blood. We’ll let Peter Coors in on this secret after we buy a bunch of call options on Molson-Coors stock.
Re your para #8 You cannot assert this affirmatively for the reasons cited above.
Re your para #9 This is the only point on which we agree. That said, it is generally true that psychopaths have no empathy for others and there seem to be a bunch of them handling this case.
“[T]he natural blood alcohol concentration in men, women and children alike is constantly around 0.03 per thousand.”
See: http://www.madaus.de/Alcohol-in-medicines.183.0.html
So a test result of 0.00 per thousand is impossible. Perhaps the sample labelled as Perdock’s was drawn from a snake? That makes more sense.
Hey Evil Esq!
You guys ROCK!
Thanks for doing this Story. You need an updated Picture of DA Hopkins, he is starting to look a little “Weathered”, and his horns are surfacing. We will keep you updated as to our EVIL DA’s Actions as the Trial gets started. But what I found maddening, the case is “The People” vs Dinius. We are the people, and we dont think Dinius should have been charged! So, its NOT “The People” ! The case should be re-named.. “The Good Old Boys Club” vs “Bismarck Dinius”
Lake County residents need to strike back. Find a lawyer to advise you… perhaps you can pass an ordinance that will dock the DA and Judges salaries to pay for Dinius’ legal fees.
Even if the whole crew of the sailboat was blind drunk and Perdock was stone cold sober and on a mission of mercy he was in the wrong six ways to Sunday.
This case should get interesting when Perdock takes the stand today.
[...] This post was Twitted by EvilEsq [...]
Found not guilty on two charges and third charge was deadlocked and has been dropped! Now if they could/would only charge Perdock.
Changing of the guard?
The Red Sea is closing in on Lake County, Ca. as corruption’s foul stench emerges from the sacred still lake. The complicit players are doing what they can to cover the increasingly evident truth: elected officials by their own rules with little to no regard for the taxpayers who put them in business. But the crooked framework is cracking and people nationwide are seeing the putrid foul truth. Now, in a feeble attempt to placate the poor Lake county public, the police chief has called upon a local media ally and other influential figureheads to chair a ‘debriefing’ – essentially a damage control session. After all, the DA Jon E. Hopkins spent enormous time, effort and local taxpayer money (which is already tight in these recessive times) to try to convict an innocent sailor of manslaughter in an effort to protect a booze-up speed-demon in a high-powered speed boat – who happened to be the number two man in the police force. Sadly for them, Hopkins failed. Now the question is will anyone be held accountable for the untimely death of an innocent mother? Or will the people of Lake County continue to allow themselves to be bullied, victimized and deceived by those whose job it is to serve them?
Sincerely,
Michael Nash
USA
[...] deft application of the doctrine of prosecutorial indiscretion, resulting in his losing the Bismarck Dinius case, lead us to believe he may be waffling on seeking a second term as Lake County district [...]
The witness who was the main “whistleblower” who knew about Perdock being at Konocti Harbor; wrote to Haltom almost 2 years ago. Haltom’s investigator could not get any of the witnesses to talk. They were afraid. The only witness to give information that he saw Perdock was Yoshi; and at that time; no one knew who Yoshi was or how to locate him. This is why this info couldn’t get out sooner.
As soon as they found out who Yoshi was and when he verified this, then the others came out and decided they should tell the truth. I am the one who tried to find out who Yoshi was as I only had his “nickname” to go by. John Yoshi-Jensen. Perdock was there at Konocti; and finally the truth came out only because we found Yoshi. Thanks to Yoshi…..he’s a good guy!
Hopkins did not return phone calls from relatives of the deceased. Is this not unusual for a DA to not return calls from the relatives of a homocide victim? He has a lot of nerve to run for reelection. His vote total should be in the single digits.
I don’t know where to post this, so here it goes. My daughter was sexually molested by man who is 27 years old and is the boyfriend to Sgt. Renee Leffler (50-55 years old) of the Lake County Sheriffs Department. Over the past several months, the suspect has made attempts to intimidate my daughter and I, in addition, Sgt.Leffler has committed criminal acts against myself and my four children. Whereas she stopped us on a public street in broad daylight with her boyfriend near her in a Lake County Sheriff uniform, held her hand on her gun and put her other hand in the air, demanding us to stop. Sgt.Leffler is a Correctional Officer, which means she has NO RIGHTS as a peace officer after she leaves work. In other words, she has no powers of arrest when not on duty, plane and simple she is as ordinary as you or I when not in the conduct of employment.
Sgt. Leffler committed several criminal acts, including false imprisonment, inpersonating a peace officer, ulawful use under the color of authority, witness intimidation and conspiricy to insite a riot.
Have you heard about this? You won’t, its being swept under the rug, by the Lake County Sheriffs Department. Another cover up to protect their own.