Perdock fired from Lake County Sheriff’s Department

Russell Perdock testified Tuesday as a hostile witness for the defense. (ABC7)

http://abclocal.go.com/kgo/story?section=news/iteam&id=7443385

Long time coming.  And furthermore, the timing of this is a bit too convenient considering the DA, Jon Hopkins, that prosecuted the case among a few other politicians are up for reelection now.  I hope Dinius wins some money in his pending civil suites against Lake County.  The guy is out truck loads of money and never should have been charged in the first place.

It is a commonplace that we cannot answer for ourselves before we have been tried.  But it is not so common a reflection, and surely more consoling, that we usually find ourselves a great deal braver and better than we thought.  I believe this is everyone’s experience. . . I wish sincerely, for it would have saved me much trouble, there had been someone to put me in a good heart about life when I was younger; to tell me how dangers are most portentous on a distant sight; and how the good in a man’s spirit will not suffer itself to be overlaid, and rarely or never deserts him in the hour of need.

Planned route and GPS Track (blue = GPS Track ; red = Planed Route)

It was certainly an ambitious first trip outside the “protected” waters of our San Francisco Bay.  But I had the confidence (or bravado) of three other sailors with basic sailing skills, half of a coastal navigation class and some electronic gadgets on board to help me.  Brian and I provisioned the boat the night before with plenty of food for two breakfasts, two lunches and a dinner.  Damien and David brought drinks for all of us.  I took off two sails I was sure we wouldn’t need–the 135% and the drifter and left the 90% on the furler and the 110% stowed.  I packed on the dinghy along with its oars and hung the outboard off the railing in case we decided to go to shore.

The proposed destination was Drake’s Bay which is about 36 nautical miles from Berkeley Marina (See the red plot line in the picture above).  It’s 8 miles to the Golden Gate and then another 3 miles to Point Bonita before heading north west along the coast 25 miles to Drakes Bay.  It was the first time our boat, Sizzle, had ever been out through the Gate under my command and the first time any of us had endeavored to sail along the coast.  I spent a lot of time pouring over charts, the Coast Pilot, Light List and cruising forums for information about heading to Drake’s Bay.

We were in a neep tide (between the full and new moon cycles) which meant the currents and tides would be mild.  And the winds and weather were forecast to be warm and sustained throughout the weekend.  The only concern I had was the wave heights which were tracking about 7 to 8 feet throughout the week according to the open water buoys outside of the Bay.  I wasn’t sure what that would mean for our progress but felt that the 11 second period was long enough to give Sizzle and her crew a chance of making it.  I wasn’t completely sure about the current coming down along the coast but knew we’d be fighting wind and current the whole way.

Unfortunately we got a late start due to our guests’ late arrival, but decided to press on under power the whole way.  Winds were light under 5 knots leaving the Berekely Marina.  Prior to departure, I changed the oil and oil filter and topped off the 15 gallon tank for our 15 horsepower diesel.  In a little over a year, Sizzle had only used up 3.4 gallons.  Gotta love sail boats.

I decided to practice for the Coastal Navigation class I’m taking at OCSC and diligently kept a navigation log.  I noted the time of our departure, important notes about fuel and oil status and current heading.  I updated the log every 30 to 60 minutes and practiced taking bearings with the compass and plotting them on the chart.  As we approached the Gate, however, I became less certain about our destination as the fog was all the way to the water and visibility went from unlimited to less than a 1/2 mile.

I called Vessel Traffic and asked about any scheduled inbound or outbound vessels.  They reported that they had none scheduled except for a tug bringing in a barge from outside the Gate.  I decided to press on and figured I’d rely on our electronic navigation to get us through the low-visibility.  I wasn’t too keen on getting too close to the rocks and remembered a few of the warnings from other sailors in the forums and the Coast Pilot about Pt. Diablo and Pt. Bonita.  I gave them each a wide enough berth but tried to stay as far to the north of the shipping lane as possible.  I also sounded a fog horn warning signal with my horn every few minutes.

We passed Pt. Diablo around 12:20pm and the fog began to thicken.  Visibility was down to about 1/4 of a mile as we approached Pt. Bonita.  A beautiful ketch rigged sailboat motored by us on the starboard side and we waved to the couple as they made their way into San Francisco Bay.  I couldn’t make out the light of the lighthouse, but I could see the white buildings where the lighthouse was located as we passed Pt. Bonita around 12:36pm.  I wanted to pass the Pt. Bonita buoy, but we couldn’t see it as the visibility dropped to 1/8 of a mile and the water turned into an eerie smooth glass.  According to our electronic fix, we passed Pt. Bonita buoy at 12:46 and turned north west.

Now that we were on our final course all we had to do now was head forward!  Unfortunately this was the longest part of the journey.  I mistakenly set my crew’s expectation incorrectly when I looked at Bolinas Bay on the map thinking it was our final destination only to remember that we were 17 miles past that!  As we approached Stinson Beach, the water turned into a strange brownish red color.  I have never in my entire life seen water this color occur naturally anywhere let alone in the ocean.  As the wake from the boat churned up the water into a foam, the brownish-red would brighten in color.  The wind had completely died ever since we entered the fog.  The calm combined with the fog and brown-red water was reminiscent of a Steven King novel.  It was quite unnerving for everyone.  Still up to this point, the waves and wind had eluded us.  The former we were happy about, the latter, not so much.

As we approached Duxbury Reef off the tip of Bolinas Bay around 2pm suddenly the wind and the waves found us.  I bore off to a close haul and unfurled the sails.  It was wonderful to finally have the hum of the engine behind us.  We stayed on a close haul for about a half hour. This was some of the most amazing sailing of my entire life yet.  I was so excited to have Sizzle out in the ocean watching her rise up to the top of each 7 foot wave and ride down the back side to the next.  The wind had an invigorating chill about it, the sun was shining bright in the now clear sky and blowing at a comfortable 15 knots.  This is the kind of sailing I’ve been dreaming of.

BUT! I realized that we wouldn’t make it to Drake’s Bay before dark if we sailed the whole way so I decided to try motoring straight towards our destination.  Unfortunately for us, the wind and the waves were on the same bearing as our destination.  After averaging only 1.5-2 knots after a half hour, and with Brian and Damien not feeling well, I decided that it would be best to give up on our attempt to reach Drake’s Bay.  There were simply no good safe harbors that I was comfortable with if we changed our mind later and with almost 16 miles to go still, it just wasn’t to be this time.

We bore off to dead down wind and made a run back for the Bay.  We averaged about 7+ knots down the waves and 5-6 knots in the troughs.  It was an easy ride back home as the wind carried us through and around Pt. Bonita. It was a gorgeous sunset sail through the Gate and we seized the chance to take a few pictures.  We headed for Belvedere Cove and anchored there in 10 feet of water for the night just as twilight was upon us.  It was now almost 7pm and I fired up the grill and the stove to cook dinner for everyone.  While the cooking happened, Brian served a cheese platter of Gouda, Brie and some other funky cheese I like along with shrimp cocktail.  We dined on marinated and BBQ’d tri-tip steak, fresh cooked sea shell pasta with vodka sauce and chocolate chip cookies for dessert.  Yum!  We curled up with our respective partners underneath the covers and watched Galaxy Quest on DVD.

The next day we lazed out of bed after 9am as the sun beat down early to warm up the boat from the evening’s chill.  Everyone was craving something tasty for brunch and I remembered that Sam’s Anchor cafe was just around the corner!  So we hauled up the anchor and motored over to Sam’s dock and tied up for brunch.  After a wonderful brunch, we hopped back aboard to enjoy an afternoon of sailing in the Bay.  The sun was out, there were a ton of boats and the wind was picking up nicely.

I put the 110% jib on and we reached across the Bay.  We met up with a friend in his trawler half way across the entrance to the Golden Gate and exchanged friendly hello’s as we bobbed along hove-to.  We eventually tacked our way out through the Gate again–no longer is going through the Gate a scary idea.  It’s something to be respected, but not feared… not any longer at least.  We tacked back and forth across the channel, dodging a couple container ships steaming their way into the Bay.  Eventually we bore off to a dead-run and configured the boat wing-over-wing for a nice downwind run back to Berkeley.

Overall it was probably the most challenging and rewarding sailing experiences I’ve had yet and I’m so lucky and happy to have shared it with the folks that I did.  I look forward to many more such adventures and eventually making it all the way to Drake’s Bay!

A 16-year old Aussie girl, Jessica Watson, is the latest in a tidal wave of young people trying to continue the moment set by Zac Sunderland and Mike Perham to be the youngest solo circumnavigator.  During a shakedown cruise on September 8th from the northern coast of Queensland to Sydney, the pink S&S 34 Ella’s Pink Lady was dismasted when it collided with a 738-ft bulk carrier, Silver Yang.  Watson was unharmed in the incident.

Maritime Safety Queensland (MSQ) assessed young Watson’s skills after performing an investigation of the incident and in a letter addressed to the family said that their official opinion is that Watson is too young and inexperienced to attempt a circumnavigation.  According to the inspectors, Watson noted the approach of the carrier on radar at 2am and then went below to take a nap.  At 2:10am, Watson’s sailboat collided with the carrier.  MSQ also noted that Watson failed to set the proximity alarm on her radar.

Watson’s family is determined to send their young daughter out into the open sea and remarked on their website that “Jessica Watson and her team wish to advise all of her supporters that she remains on track to achieve her goal of being the youngest to sail solo around the world.”  The Watsons go on to bemoan the leaking of the MSQ letter but say they “respect all of the maritime authorities and the important role they play in ensuring safety on the sea.”

——

My opinion:

There was a 7-year old girl who died while trying to break the world record for the youngest to “fly an airplane across the United States”. Read: http://en.wikipedia.org/wiki/Jessica_Dubroff. Another foolish parent, irresponsible flight instructor and a complacent legal system in the United States that allowed that to continue. In the end, she was killed along with her father and flight instructor when she tried to push on (trying to meet a schedule for media coverage and publicity) and took off overloaded, at high altitude and in inclement weather.

Now with this 16-year old girl and the latest world buzz around young “kids” trying to circumnavigate the world, I see this as a repeat of events–this time with sailboats instead of airplanes.  I think the MSQ is sending the right message and I think the Australian government has an obligation to take action against the parents if they continue this course of action.

If one’s child is a prodigy then a parent should foster and encourage those talents, but not at the risk of either depriving a child of their childhood or putting them in danger. This act seems purely motivated by selfishness and greed. Taking a child cruising to learn to sail, hone their talents and explore the world is one thing, placing them on a boat at 16 and waving good luck while pandering to the media is dangerous and stupid.  I could not imagine embarking on a world-wide solo circumnavigation at 16–even if I had the cognitive skill to do so. Emotionally it’s extremely difficult and physically challenging even for adults.

Officers said that they looked for signs of intoxication such as open containers (which are legal on boats) and slurred or impaired speech by the driver.  Upon suspicion, the driver was assisted onto the inspection boat and given a seated field sobriety test.  If suspicion continued, the driver was given the option of a blood or breath test ashore.  While the officers did issue two citations, neither was for BUI laws but for other boating infractions.

Opinion:

While I feel that in general those of us with sailboats tend to exercise a lot more care on our vessels, I think this is a terrific idea for users of motor boats.  Most of the accidents that I have seen, heard about or read have involved motor boats (typically “ski” or “speed” boats).  For areas like the Sacramento delta, river and lakes like Clear Lake, I think this is long overdue.  I hope to see more of this in the future.

Dinius’ attorney, Victor Haltom, is seeking the personnel files for Capt. Perdock believing “that information reflecting adversely on Russell Perdock’s general credibility may be in existence…”  Sheriff Perdock went on leave from the department on June 16th for medical reasons.  Shortly thereafter Sheriff Rod Mitchell notified Perdock that “he was the subject of an internal affairs investigation concerning allegations of misconduct.”  Perdock’s attorney, Alison Berry Wilkinson, argues that since Perdock is merely a witness in a trial and was not acting in an official capacity on the night of the accident, his personnel files cannot be released.  As for the IA investigation, the results will likely not be part of his personnel file until well after the trial has finished.

Haltom opened up the case for the defense Friday calling his own forensic engineer, Dr. William Chilcott.  Chilcott worked for the DA’s office a decade ago on another fatal boat collission and has extensive engineering training in addition to being a sailor himself. Chilcott was originally involved in the case as an expert for an insurance company investigating the accident and only later because a witness for the defense.

Chilcott rebuffed many of the claims made by the prosecution’s expert witnesses, State Department of Justice criminalists John Yount and Toby Baxter.  Chilcott testified that knowing the difference between alternating current (AC) and direct current (DC), which Baxter said he didn’t know much about, was important.  Chilcott believes that the sailboat’s electricity was cut on the initial impact with the speedboat, causing signs of a “cold break” and leading to the conclusion that the lights had not been on at all.

Chilcott went on to state several of the boating laws that would have required Perdock to remain clear and avoid the sailboat.  Chilcott said that since the sailboat was struck from behind, Perdock would have been “overtaking” the vessel and therefore it was Perdock’s legal responsibility to “remain clear” of the other vessel.  Other rules cited included that a vessel under power must remain clear of a sailboat.  There were some other questions about the definition of who the operator of the boat is.  Chilcott stated that on larger vessels, the “master of the boat” is the owner.  But on smaller vessels it is typically the person in control of the boat at the time.

Haltom he has asked to call Sheriff Perdock as a hostile witness for the defense.

Residents of the Bora Bora lagoon awoke last night to sounds that would undoubtedly set off Bismark Dinius’ post-traumatic-stress-disorder: the sound of a speedboat crashing into the side of Rob and Teresa Sicade’s Seattle-based Baba 40 Yohelah.

The driver of the boat was apparently trying to flee the scene of another hit-and-run accident he was involved in.

No further details on the crash were available at this time.

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.

Anthony Esposti, a fisherman in the area who claims to have seen the sailboat with its lights off shortly before the crash was the prosecution’s chief witness.  But during the trial yesterday, Esposti stated that he saw a sailboat with no lights on, but also said he didn’t see any people on it.  There were at least 3 people onboard and two on deck at the time of the accident including Lynn Thornton and Bismark Dinius.  Esposti also said that the sailboat he saw didn’t have sails up, but many others, including other witnesses for the prosecution have all claimed the sailboat was underway with her sails up at the time of the crash.

Colin Johnson, a friend of Esposti and fellow fisherman, later took the stand and corroborated much of Esposti’s testimony.  He also stated he saw a sailboat with no sails.  Johnson said “The sails weren’t up.  It wasn’t going anywhere.”  This could be a big break for the defense as it draws into question whether the two fisherman saw the same boat that was involved in the accident.

Day two begins this morning at 9am.  More to come.

As the trial began this morning, the DA was protesting the presence of cameras in the courtroom saying that it “put too much pressure on civilian witnesses.  The judge approved the request allowing film cameras in the back of the court provided they not show the faces of jurors.  More to come..