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- Written by: Lake County News reports
Parades are planned in Lakeport on Saturday and Lower Lake on Sunday.
Lakeport’s Annual Memorial Day Parade will commence at 11 a.m. sharp on Main Street on Saturday, May 24.
The very warm and familiar voice of Paul Reading will be heard as parade announcer, according to Chamber President Kenny Parlet. Judges this year are Ted Mandrones, Piedmont Lumber Marketing Director; Chuck Holder, owner of Holder Ford Mercury; and Leslie Firth, owner of The Kitchen Gallery in Lakeport and president of the Lakeport Main Street Association.
Entering Main at Martin Street and traveling north to Clear Lake Avenue, the parade is anticipated to have more than 60 entries reflecting the theme “Celebrate America’s Heroes.” The 2008 winners of the Stars of Lake County Community Awards have been invited to be the grand marshals for the parade.
The parade is sanctioned by the California State Horsemen’s Association, which presents an opportunity for equestrians to earn points for the CSHA annual award. Kim Cipro of Hidden Valley Lake is the sanctioned CSHA judge for the parade.
The event is sponsored by Westamerica Bank, Holder Ford Mercury and the Lakeport Regional Chamber of Commerce and Piedmont Lumber and Nursery, who once again is providing the Judges Stage in front of the Lake County Museum as they have done for over 15 years.
The chamber requests members of the public honor the “No Parking” signs, which will be posted on Main Street from First Street to Fourth Street, calling for no parking during the hours of 10 a.m. to noon on Saturday. This area will allow unobstructed views of the parade for spectators.
The annual 4-H Pancake Breakfast at Natural High School on Main Street will be hosted again this year from 7 a.m. to 11 a.m. on Saturday by the Lakeport Kiwanis who also sponsor a two-day craft faire at the same location. Also at Natural High, the Early Lake Lions will have their hamburger barbecue.
On Sunday May 25th, the Lake County Corvette Club will have a Corvette Only Show on Park and 2nd Streets between 1st and 3rd Streets, next to Library Park.
Lower Lake holds its Lower Lake Daze Parade on beginning at noon on Sunday, May 25. Activities will take place in town all afternoon, ending at 4 p.m.
The Lower Lake Community Action Committee's plans include a petting zoo, food and craft vendors, face painting, kids games, pony rides, a barbecue, music during the afternoon and a raffle. Proceeds from the raffle will benefit community projects.
Following the parade, all activities are in the park behind the new firehouse. Call Lonne Sloan at 995-2515 for more information on the Lower Lake activities, or the Lakeport Chamber at 263-5092 for more on Saturday's events.
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- Written by: Lake County News reports
On Wednesday, James Doyle Henson, 52, received a sentence of eight years in state prison from Judge Steven Hedstrom for failing to register as a sex offender, according to a report from Deputy District Attorney John DeChaine, who prosecuted the case.
In 1987, Henson was convicted in Sacramento County of committing a lewd or lascivious act on a child under the age of 14, requiring him to register, DeChaine reported. Prior to his sentencing date, Henson was held in custody on bail set in the amount of $100,000.
State authorities were not aware that Henson was residing in Lake County until April 2007, when he was discovered living in Clearlake, according to DeChaine. State law requires that certain convicted sex offenders, including Henson, register within five working days of changing residences.
DeChaine said that, despite Henson’s initial denials, the investigation – led by Detective Martin Snyder of the Clearlake Police Department – revealed that Henson was residing in Lake County since approximately December 2006 without having properly notified authorities. The investigation further revealed that Henson was not registered anywhere in California.
Henson’s failure to register is, according to DeChaine, arguably the most serious type of registration violation because his failure to comply with the law prohibited law enforcement from monitoring his whereabouts, a key safety component of the law.
On March 21 Henson pleaded no contest to failing to register as a sex offender, and he admitted that he had suffered a prior strike conviction and two prior prison terms, DeChaine reported. One prior prison term resulted from Henson’s 1997 felony conviction in Yolo County for being a felon in possession of a firearm. The second prior prison term arose from the 1987 felony conviction in Sacramento County that is the basis for his registration requirement.
Judge Hedstrom sentenced Henson to the maximum term of three years in prison for failing to register. However, because Henson admitted the prior strike conviction, his prison sentence of three years doubled to six years, DeChaine explained. Furthermore, because he admitted to suffering two prior prison terms, his six-year sentence was enhanced to a total of eight years.
The admission of the prior strike conviction also mandates that Henson will not be eligible for parole until he serves at least 80 percent of his eight-year prison commitment, DeChaine said. Had Henson not been required to admit a prior strike conviction, he would have been eligible for parole after serving only 50 percent of his time.
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- Written by: Lake County News Reports
THIS STORY HAS BEEN UPDATED.
LAKEPORT – It likely will be next month before a Carmichael man will know if he's to stand trial in connection with a 2006 crash on the lake.
Just as the testimony of a key witness was getting under way in the preliminary hearing of 39-year-old Bismarck Dinius on Thursday afternoon, the judge called a halt to proceedings due to other scheduled business, which will result in a delay until June.
Judge Richard Martin and attorneys in the case had discussed earlier in the day the possibility that the hearing might need to be continued if it ran longer than scheduled.
Russell Perdock, a chief deputy with the Lake County Sheriff's Office, was called to the stand late in the day and gave testimony that appeared to contradict another sheriff's official before the hearing recessed.
Perdock's speedboat hit a sailboat Dinius was piloting on the night of April 29, 2006, which fatally injured 51-year-old Lynn Thornton of Willows, who died days later.
Dinius has been in court since Tuesday for the preliminary hearing to determine if he will stand trial for vehicle manslaughter involving a vessel and boating under the influence of alcohol relating to the crash.
Day three of testimony began with Lt. Charles Slabaugh of the Sacramento County Sheriff's Office returning to the stand, where he had spent several hours on Wednesday.
During testimony Slabaugh indicated that Perdock had initially been considered a suspect in the case but soon after beginning his preliminary investigation Slabaugh determined that, despite not having interviewed Perdock, it was Dinius who was the responsible party, based on the information available to him.
Slabaugh testified that on June 13, 2006, he conducted his first and only face-to-face interview with Perdock, despite the fact that he had submitted a report of his conclusions on May 10 of the same year.
Under direct examination by Deputy District Attorney John Langan, Slabaugh indicated that after Wednesday's session he returned to his hotel and telephoned Lake County Sheriff's Deputy Lloyd Wells. Slabaugh said he asked Wells to examine the sailboat involved in the crash – the Beats Workin' II, owned by Mark Weber of Willows – which is still in the sheriff's possession.
Wells was asked to report on the number, location and mechanical condition of any and all interior cabin lights of Weber’s sailboat, Slabaugh explained.
Slabaugh testified that Wells reported a total of six cabin lights and described their locations. Slabaugh further indicated that Wells reported that all six light fixtures had individual on/off switches. Slabaugh said Wells did not test the current status of each light fixture's functionality.
This information was used Thursday in an effort to respond to questions regarding the position and functionality of switches located on the sailboat's control panel at the time of the collision, a topic discussed during Wednesday's testimony.
Defense attorney Victor Haltom asked Slabaugh why he had waited two years to examine the cabin light system, and why he hadn't done so during his initial investigation.
Slabaugh replied that he had initially determined that the status of the cabin lights had no bearing on the cause or possible prevention of the accident.
Following Slabaugh to the stand Thursday morning was sheriff's Sgt. James Beland, who testified that he was one of the first group of sheriff's deputies to arrive at the shoreline scene.
He and Sgt. Mike Morshed were on scene and controlling the gathering crowd, Beland explained. Both were aware that Sgt. Dennis Ostini, who supervises the sheriff's Boat Patrol division, was en route and would take charge of the situation upon his arrival.
Beland indicated that no unusual activity took place during his time on scene. He further testified that he had not spoken with Perdock beyond asking him, “Are you all right?”
At some point during the night of the crash Beland was directed to transport Perdock to Redbud Hospital for a blood draw to check for the presence of drugs or alcohol in his system.
Under questioning Beland indicated that no one from the the sheriff's office superior to himself had ordered him not to administer a field sobriety test to Perdock.
Despite Beland's suggestion to Ostini that Dinius may be intoxicated, he also was not administered a field sobriety test with a preliminary alcohol screening device.
Beland testified that he drove Perdock to Redbud Hospital. He was present during the blood draw and witnessed the phlebotomist place the vial in a certified Department of Justice envelope, which later was inserted into an evidence box and turned over to Beland.
During questioning by Haltom, Beland testified that he could not recall exactly where in his patrol car he placed the package containing the blood sample. He indicated that at no time was Perdock left alone in the vehicle unattended.
Beland testified that he and Perdock drove around for awhile and arrived at the sheriff's Lower Lake substation “about an hour” after leaving the hospital.
He was unable to recall or describe exactly where they drove nor why it took so long to travel such a short distance.
According to Beland there were no other persons in the patrol car and he had not generated a log indicating the time of arrival at Redbud nor a log of distance traveled before reaching the Lower Lake substation.
Beland testified that he had not discussed the incident with Perdock during the drive. He did indicate that he had driven Perdock somewhere for an extended period of time after depositing the blood sample at the Lower Lake substation but was unable to recall where or when he and Perdock parted company.
Following Beland's testimony the prosecution rested its case.
The witnesses Haltom called included Bill Chilcott, who examined the filaments on the boat's lights. He viewed both vessels three times, as well as the Department of Justice's reports, although he did not review the sheriff's reports, saying he did not want to be influenced.
He stated he microscopically examined three light structures from the sailboat given to him by the sheriff's office, with a District Attorney's Office representative present during the examination. The point was to determine if the lights were on at the time of failure. The question was, did the lights go out after the collision or had they been off previous to it?
By looking at the changes in the filament structure, he determined the bow was illuminated and the stern light was on. He did not testify about whether or not the mast lights were on.
Another defense witness, marine accident investigation consultant Wes Dodd, agreed with Chilcott's analysis of the lights. Dodd said he completely discounted photos of the boat's light breakers, which showed the switches on the “off” position, based on the condition of the light filaments.
Both Chilcott and Dodd pointed to the speed and velocity of Perdock's boat as being the cause of the crash. Dodd said he was amazed that Dinius was charged and Perdock was not, because he concluded that Perdock had violated numerous boating rules, including safe speed, not having a lookout and operating a vessel in a negligent manner.
Haltom called Perdock to the stand at the end of the day Thursday.
Statements Perdock made during his brief initial appearance on the stand contradicted Beland's testimony.
One of the contradictions involved statements Beland made about driving Perdock around for about an hour after leaving the hospital at 1:30 a.m. April 30, 2006.
Perdock acknowledged that Beland transported him to the hospital but did not mention being driven around for the hour or so Beland had testified to earlier in the day.
Haltom asked Perdock if he had discussed the case with Beland that night, and Perdock said he had not. Haltom then produced statements Perdock made in a previous disposition in which he had said he and Beland had discussed the incident.
Perdock's testimony had been under way for approximately six minutes before Judge Martin halted the hearing due to the courtroom being needed for other scheduled court business.
The case is due to return to court at 9 a.m. June 10.
E-mail Harold LaBonte at
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- Written by: Lake County News Reports
THIS STORY HAS BEEN UPDATED, WITH CLARIFICATION ON THE TESTIMONY REGARDING THE BOAT'S LIGHTS.
LAKEPORT – The second day of a preliminary hearing to determine if a Carmichael man will face trial for vehicular manslaughter and boating under the influence relating to a fatal 2006 boating collision continued in Lake County Superior Court Wednesday.
The testimony revealed some surprises, including one investigator's admission that he had based his conclusions largely on statements made by a sheriff's official involved in the crash and not on actual interviews with other witnesses.
Bismarck Dinius, 39, is facing the possibility of trial in connection with the April 29, 2006 boating collision involving a boat he was steering and a speedboat driven by Lake County Sheriff's Chief Deputy Russell Perdock. Lynn Thornton, 51, of Willows died as a result of the collision.
The hearing's second day began with defense attorney Victor Haltom's cross-examination of Sgt. Dennis Ostini, who supervises the sheriff's office Boat Patrol division and was on duty the night of the crash. Ostini spent several hours on the stand on Tuesday.
During the morning court session Ostini testified to details regarding the transport of both of the vessels involved in the April 2006 collision.
Ostini indicated that civilians who had responded to the crash scene brought both boats to shore. Perdock's powerboat, after being brought to the docks at Bayshore Marina, was transported via the owner’s trailer to the sheriff's boat barn located near Buckingham. Ostini indicated that Perdock's boat was under his observation from the time it was trailered and secured at the sheriff’s boat facility.
Under cross-examination Ostini answered questions that explained why he did not arrest either Perdock or Dinius at the shoreline scene despite a suggestion from Sgt. James Beland, who felt that Dinius was under the influence of alcohol. Ostini testified that he felt it better to rely on blood tests taken at the hospital and have the District Attorney's Office act on those results.
Other testimony during the day revealed that at the dockside the sailboat's owner, Mark Weber of Willows, pointed at Perdock and yelled that he was the one who should be arrested.
Prosecutor John Langan's main witness for the day was Lt. Charles Slabaugh, Sacramento County Sheriff’s Marine Services Unit investigator, who was brought in to work on the investigation.
Purported to be an authority on marine collision investigations and brought in at the request of the Lake County Sheriff's Office, Slabaugh testified that he had more than 27 years experience in law enforcement but had only investigated five boating collision cases and had reviewed a total of 20 to 25 other boating-related incidents.
Slabaugh offered testimony to the condition of both vessels. He had observed and described in detail the damage to each, which was detailed in his preliminary findings and in a followup report previously submitted into evidence.
He spent several hours on the stand before Haltom began questioning his recollection of specific details of reports allegedly provided to him by other local sheriff's officials as well as from at least two outside investigators.
When Haltom pressed him on details of his investigation, Slabaugh indicated that his understanding of the situation was that he was called on to investigate and provide a studied recreation of the collision, and submit a report and recommendation to the District Attorney's Office.
He also indicated that he was told by an unidentified individual within the Lake County Sheriff's Office that the agency would handle the personal interviews of those involved and the he should concentrate on the physical aspects of the investigation.
Haltom challenged Slabaugh on his expertise as a boating and waterway investigator before questioning him regarding the speed of Perdock's power boat and the status of the navigation lights on the sailboat just prior to the collision.
He also queried Slabaugh on specific details from Ostini’s preliminary report that included Perdock's initial declaration of the readouts of his dashboard gauges just moments before the crash.
Perdock told Ostini that his gauges were pointing straight up. Based on that statement, Slabaugh had estimated Perdock was traveling at about 40 miles per hour. However, pictures of the gauges supplied by the defense showed that if the gauges were pointing straight up the boat would have been traveling at about 60 miles per hour.
Slabaugh stated that the conclusions made in his reports to the District Attorney's Office and in earlier testimony were based on an interview with Russ Perdock. His conclusions didn't take into account any direct information from anyone on shore or in boats in the near vicinity of the collision, nor those aboard the sailboat. Slabbaugh also indicated that he made no effort to interview several of these potential witnesses.
He did, however, testify to receiving a copy of the reports made by Ostini and other sources but indicated that he did not consider all the information included within those reports while making his final conclusions.
A key point of contention in the case, and a reason cited for charging Dinius, is that the boat's lights reportedly were not on. During cross-examination Slabaugh indicated that a cabin light toggle switch was in the “on” position. When Haltom asked him if he brought this to the attention of the sheriff's office or investigated it further, Slabaugh said no. When asked why he didn't pursue the matter, Slabaugh said he couldn't recall.
Slabaugh returns to the stand for further examination by the defense at 9 a.m. Thursday, with Haltom planning on calling other defense witnesses as well.
Lawyers from both sides hope to conclude the preliminary examination Thursday afternoon. If they don't, the case may not return to court until as early as June 10.
E-mail Harold LaBonte at
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