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.

In a less than surprising move by District Attorney Jon Hopkins, the prosecution did not call the man who was the primary witness and the driver of the speedboat that slammed into the sailboat, Russell Perdock.  Sheriff’s captain Russel Perdock was scheduled to testify on Thursday, but the prosecution rested its case without calling Perdock.  Perdock would have been the primary witness who could have testified that the sailboat’s running lights were off–a fact in the case that prosecuters believe help to bolster the boating under the influence case against Bismark Dinius.  Dinius faces up to 3 years in state prison if convicted of felony BUI.

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.

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.

A lot of DA Jon Hopkins case against Bismark Dinius is the claim that the sailboat’s running lights were off.  California law requires all boats underway to display proper lighting after sunset.  Several witnesses called by the prosecution testified that the sailboat’s lights were on when they left the dock shortly before Russell Purdock slammed his speedboat into the starboard side of the sailboat with Dinius at the helm, killing Lynn Thornton.

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.