Erik D. Jones’s Blog

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.

The trial in the much publicized case of Bismark Dinius began this morning in Lake County.  Last week, District Attorney Jon Hopkins dismissed the charge of manslaughter but maintains that Dinius should be tried for felony boating under the influence, a charge which carries a maximum sentence of 3 years in state prison.

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..

• At Badlands for some two for one drinks. Mmmmmmm white grape vodka cranberry! in San Francisco, CA http://loopt.us/4NHtKw.t #
• Preparing a feast of a dinner tonight. Slow cooked BBQ ribs (10 hours!), southwestern cornbread stuffing and sugar snap peas #
• I got my google voice number! Jealous much? #
• Updated my blog post about the sailing rescue in San Francisco Bay. Now with pictures of the vessel. http://is.gd/1FXRN #
• RT @OCSC: Zac Sunderland completes sail to become youngest ever to solo sail around the world … http://bit.ly/12qd7l #
• Had to rescue two sailors today who fell into the Bay on a small vessel in rough seas. Confident in my single-handed man-overboard skills. #
• Yo ho Yo ho a sailor's life for me! Off sailing with 7 others today. A full boat, good winds and good food. Yay! #

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Legislators have been licking their chops for years to get their hands on one of the only state agencies that is completely self-funded, the Department of Boating and Waterways.  Just in the past year, California’s state governor has tried to terminate the department and roll it and its budget surplus into the Department of Parks and Recreation.  The justification for this has always been that it would be a cost savings measure, but the DBW is completely self-funded from fuel taxes and other fees paid by boaters.  DBW provides education about safe boating, grants and loans for marina improvements and development and environmental awareness and protection of the states fresh and saltwater rivers, lakes, bays and oceans that exist within the jurisdiction of California.

In other great news, the Department of Parks and Recreation’s $70 million dollar budget cut that would have closed over 230 state parks including San Francisco Bay’s Angel Island was reduced to just $8 million.  While some parks will need to close, the majority of those on the chopping block will remain open, including Angel Island.  At the last minute, legislators were able to find $62 million dollars to put back into the Department.