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.

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.