Bismark Dinius trial finishes up day 2. Testimony about blood-alcohol dominates.
by Erik on Jul.29, 2009, under Personal, sailing
Day two of the Lake County trial in which Bismark Dinius faces up to 3 years in state prison if convicted of felony boating under the influence laws. The witnesses called by the prosecution included the phlebotomist who drew the blood for the blood-alcohol content (BAC) tests performed on sailboat owner, Mark Weber, helmsman, Bismark Dinius and speedboat owner and operator, Russel Perdock. Mark Weber’s BAC was 0.18 while Dinius tested at 0.12. Perdock’s results were 0.0.
James Beland was probably the most controversial witness called to the stand today. Beland testified that he was fired from the Sheriff’s office after publicizing that he was ordered not to perform a breathalyzer on Perdock at the scene. Beland had said he was told by Sgt. Dennis Ostini, a marine patrol officer, “No no no. Sheriff Perdock has already agreed to give blood at the hospital.”
LCSO Deputy Jerry Pfann, evidence detective, testimony suggested the evidence could have been tampered with. Three people had access to the locker containing the samples, including Russel Perdock. Pfann did not document the time he picked up the samples before sending them to the lab.
Day 3 continues tomorrow.
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August 4th, 2009 on 3:48 pm
Thankyou so much for your updates on the Bismark Dinius case, we on the East Coast are very interested in this case, for two reasons.
The precedent it is setting that a deputy Sherriff can kill an innocent woman and let someone else take the blame,
and the fact that it flies in front of every maritime law ever concocted by mortal men,
there is one point that I want to bring out, sailboats do not have the right of way according to the COLREGS, there is no actual stipulation that sailboats under sail have the rights of way, what it does stipulate is that a sailboats shall always be regarded as the privileged vessel hence shall be afforded the right of way in the event of two vessels meeting one of which is a power boat and one a sailboat,
a minor point but an important one.
August 5th, 2009 on 1:52 pm
You’re very welcome Ron. It amazes me that something so simple as the COLREGS and California’s own boating laws are so rarely mentioned throughout the case. When I’m out boating with friends, I often put them at the helm. Everyone seems to have the tendency to want to turn and avoid every boat they see out of instinct. I’m always trying to educate them on the right-of-way rules and the rule that requires us to stay our course if necessary.
I’m also a pilot and at least in aviation there is an ultimate catch-all rule which I believe holds true for boats. The pilot in command is ultimately responsible for the safety of the flight. This effectively gives the pilot carte blanche authority to do whatever he needs to, including the need to violate any instructions or rules, to make sure his flight is safe. I feel the same way with boating. While I will do everything to follow all rules, my ultimate responsibility is to avoid a collision or put my crew in any danger.
Not only did Russell Purdock disregard at least 5 points of the COLREGS by driving his boat at speeds that would make it impossible to avoid a collision given the conditions at the time (night with fog and a lot of shore lighting), he also failed the ultimate rule to not put anyone in harms way. That is our duty as skippers and one that he surely failed.
August 8th, 2009 on 5:57 am
Good Morning Erik
I do the same thing, I really enjoy the sail handling part so I usually put my crew at the helm, and yes it is widely held that the skipper of the boat is
a.however is at the helm, and
b.is ultimately responsible
I also read your blog on the other accident in Bora Bora Lagoon.
Jeesh.
Years ago I lived in Fresno and used to go down to Lake Isabella, it amazed me to see people speeding up on high plane in 6-8 feet of water, I saw one boat with the whole stern drive ripped out,
about two years ago I was listening to PRI International when I heard the story that a Lady who had bought a boat at that lake brought it back claiming She liked it but it ran so slow, the mechanic who checked it realised she hadn’t taken it of the trailer before She launched it, I laughed so hard I had to pull off.
well, I am ready to take off, we are heading out into the Atlantic today for a quick trip,
Again thankyou for the updates.
Ron
August 10th, 2009 on 10:13 am
Keep this great coverage coming, Erik — it is being widely disseminated.
August 12th, 2009 on 8:00 am
Thanks John. I’ll keep reporting as I continue to get more information from those close to the case!
August 12th, 2009 on 8:04 am
hahaha.. I would have loved to have seen her with the trailer still attached. That’s too funny. Enjoy the gorgeous sailing weather. It has been a wonderful summer here in San Francisco Bay. We’ve been out almost every weekend. The Bay here, if you haven’t sailed here before, has some very special wind patterns that really make sailing a treat. Mornings are typically 5-15 knots and afternoons kick up to 15-25 sometimes gusting to 30. That’s just a normal day here.
I’ve gotten a pretty good list of coves to tuck into for warm barbecuing off the back of the boat. 