How to resolve AdBlock issue? 
Opinion
- Details
- Written by: Connel Murray
Saturday's unconvincing attempt by District Attorney Jon Hopkins (the DA's perspective on the Dinius case) shows clearly why Lake County is in serious need of changes in both our law enforcement and prosecution offices. Mr. Hopkins opens his piece with a veiled accusation that sailboater Dinius was "on the lake with running lights off." He then attempts to use head counts to determine whether or not the sailboat had its running lights on – a risky approach considering that in the immediate aftermath of the accident the investigators did not even know the difference between its on-off switch and the circuit breakers.
But all this begs the issue. It makes absolutely no difference whether or not the sailboat's running lights were on or off. If the powerboat had plowed into an unlighted pier would it have been the pier's fault? If it had run down a swimmer in the dark would the swimmer have been at fault?
Since this was a maritime incident, it seems logical that both the sheriff's office and the DA should have assigned personnel familiar with maritime law to investigate. The fact that they failed to do so is, at best, dereliction of duty, and at worst a deliberate attempt at a coverup.
As a result nowhere in these proceedings, as far as I can tell, has the subject of maritime law been addressed. These laws state clearly that (1) Any power boat must give way to any vessel under sail. (2) Any overtaking vessel – that is a boat approaching from the rear – is the "burdened" vessel, meaning it has the responsibility for avoiding a collision. (3) Any vessel operating at night must maintain speed at a level permitting a full stop if necessary to avoid an obstruction. The powerboat operator failed to observe all three of these rules with tragic consequences.
Mr. Hopkins states he "cannot prove the speed of the motorboat." Here again, this has no bearing on the case. It was obviously going too fast to avoid the obstruction – the sailboat.
Compounding the tragedy was the failure of Deputy Perdock to acknowledge his responsibility for the accident, and even worse his attempt to shift responsibility to a blameless victim. It was not Bismark Dinius who recklessly plowed his boat into a vessel probably making no more than four or five knots.
Mr. Hopkins has already cost the taxpayers of Lake County probably hundreds of thousands of dollars in his futile attempt at prosecution of this case, and now, of course, has been forced to drop the manslaughter provisions. He says he continues with other aspects of the case "to get to the truth." If this were the case, then why is Deputy Perdock not also in the dock along with Dinius?
Mr. Hopkins' grudging mea culpa comes far too late, and with far too little acknowledgment of the negative role he and his department has played in the affair. They have managed to turn an unfortunate accident into a crime scene, only this time the crime may be laid at the feet of the law, with many of us convinced that the selective prosecution of Bismark Dinius is the law's best effort to simply protect one of its own, and we can only pray that it is unsuccessful.
Connel Murray lives in Kelseyville. He has a 40-year background in owning and piloting small boats in both inland waters – including Clear Lake and the Delta – and saltwater, from Puget Sound to Alaska.
- Details
- Written by: Jim Norman
I just read D.A. Hopkins' open letter regarding the Dinius case. While I am pleased that Mr. Hopkins will be dropping the manslaughter charge, he dismisses the real cause of the collision and death of Lynn Thornton – Russell Perdock was operating his boat at an unsafe speed. And he doesn't even address the forensic evidence that shows the sailboat's running lights were on, or questions raised about Perdock's access to evidence as a deputy sheriff.
California boating law requires that “in times of restricted visibility such as in fog, stormy conditions or nighttime operation, you must be able to stop your vessel within half the distance of forward visibility.” Mr. Hopkins says that the speed of Perdock's boat cannot be proven. Is he serious? Forensic analysis by an accident reconstruction expert, considering the damage to the two boats, and the fact that Perdock's boat ran over the top of the sailboat, could clearly conclude his boat had to be traveling in excess of 30 miles per hour. Even the Lake County's Sheriff's department will not go that fast on the lake at night, as it is clearly unsafe, especially when trying to distinguish boat lights from the background lights on shore. Whether it was going 30, 40 or 50 miles per hour, he clearly violated California boating law, resulting in the death of an innocent person. Furthermore, anyone who has ever been aboard a sailboat in very little wind realizes that there is nothing a sailboat skipper can do to avoid a collision with a powerboat moving 10 to 20 times faster. Mr. Dinius' blood alcohol and his ability to act or react in this situation could not have changed the outcome under any circumstances.
Since Mr. Hopkins is dropping the manslaughter charge, perhaps he would publish another open letter, detailing the forensic work that was done to determine the speed of Perdock's boat at the time of impact. To dismiss this with a simple “We cannot prove the speed of the motorboat” statement does nothing to redeem the perception of good ol' boy justice in Lake County.
Jim Norman lives in Lake Forest.
- Details
- Written by: Michelle Borzoni
I walked 26 miles around San Francisco – from Golden Gate Park to Mill Valley and back to Golden Gate Park in two days.
Words cannot describe what participating in this walk has done for me, emotionally, spiritually and physically! I not only committed myself to walking I committed to raising the minimum amount of $1,800 and I raised it all with the help of some absolutely amazing people.
I would like to take this opportunity to thank them all: Tamara and Fritz Fontenot; Heather and Tim Liebig; fellow members of the Lake County Democratic Central Committee, Becky Curry, Wanda Harris, James Evans and Shirley Howland; Jim and Hettie Hendrickson of Lake County Clover Dairy; Sherry Lacy; Julie Vonada; Gabrielle and Gary Leggitt; Ronnie Gleason; Russ and Donna Sage; Kathy Joseph; Joy Birum; Susan Krones of Lake County’s own Community Radio Station 88.1 fm KPFZ; California State Assemblyman Wesley Chesbro; Gwen and Jim DeRosa; Marlene Lampert; Alberto and Anna Cipollina; Pete McGee; Ron and Beatrice Barber; David Neft of Neft & Neft Realtors; Wayne “Da Barber” Nelson; Leticia Trent; Robert Alverio; and Jack and Karen Lair of Hidden Valley Food Mart.
A special thank you to Diane Campbell and Maryanne Wedner for giving me your extra donations that you raised! We never got to meet but you two were in my thoughts all weekend long!
Thank you all so very much for your generous donations, encouragement, love and support.
Just in case you were wondering there were 2,800 walkers this year and combined we raised $6 million. I am doing it again next year!
Michelle Borzoni lives in Middletown.
- Details
- Written by: John G. Daniels
I suggest to my neighbors that Lake County government should remove the unwanted algae and weed growth in Clear Lake.
Our county government has done a lot of education and talk, but has taken no positive action to deal with the algae and weed overgrowth.
I believe that just as snow belt communities have reoccurring snow removal, Lake County should, at each and every occurrence, harvest and remove (to shore compost piles) the natural occurring and unwanted weed and algae overgrowth.
Why? Some natural occurrences require correction for the safety, health and economic benefit of the community. This effort should be funded by the Lake Bed Management fees collected from lake front property owners that is in addition to the their property taxes. These fees annually provide Lake County with $259,000+. (See the 08-09 Lake County Budget Book, schedule 4, financing by source, by fund, page A-10, item 133).
Should you agree, please write, email or call your county supervisor.
John G. Daniels lives in Lakeport.