Erik D. Jones’s Blog

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..

As the trial against Bismark Dinius began today, the Judge heard statements regarding the defense’s motion to dismiss the case and find the DA, Jon Hopkins, in contempt of court and to sanction his actions after he posted an “open letter” Friday on the Lake County Website.  Defense attorney Haltom and DA Hopkins rallied back and forth each accusing the other of using the Internet to spin the public view.  Hopkins defended his actions stating that he did no wrong because potential jurors were instructed not to follow the media.  The Judge ruled that Hopkins was simply announcing his intent to dismiss certain charges and that there was no misconduct.

Dinius faces up to three years in prison for the remaining felony charge of boating under the influence.  In the State of California, the maximum legal blood alcohol limit (BAC) is 0.08.  Dinius is alleged to have had a BAC of 0.12 at the time of the accident and was at the helm when Russell Purdock mowed down Lynn Thornton who had been sitting on the starboard side of the vessel at the time.

Jury selection continues this afternoon.

In a bizarre move Friday by Lake County District Attorney Jon Hopkins, the DA posted an “open letter” (read my blog posting about that) in which he announced his intention to dismiss manslaughter charges against Bismark Dinius, the man who was at the helm of the sailboat that Lynn Thornton occupied before she was killed by a speedboat driven by off-duty Deputy Sheriff, Russell Purdock.  In the letter, Hopkins refers to Dinius as a “drunken sailor” and claims that several witnesses did not see the sailboat’s running lights on from shore at the time of the accident (a claim that has been the corner stone of the DA’s case for manslaughter charges and one that has been refuted by countless other witnesses including evidence uncovered by Purdock’s own private investigator).  In response, Dinius’ attorney has filed a motion accusing Hopkins of prosecutorial misconduct.

Dinius’ attorney hopes to get the other charge of boating under the influence (BUI) dismissed.  At a minimum, he will ask the judge to hold the DA in contempt and sanction him.  This move by the DA comes at a very sensitive time as the jury selection has already begun.

The motion will be heard in Lake County Superior Court tomorrow, July 21st.

Bismark Dinius may be in grave debt and jobless as a result of his two-year ongoing legal battle with the Lake County District Attorney, but he has something small to celebrate.  District Attorney Jon Hopkins announced last Friday night in an open letter posted to his Website that he intends to drop the manslaughter charges against Mr. Dinius at the next court appearance currently scheduled for Tuesday July 21st.  Dinius still faces felony boating under the influence charges which still carries a maximum penalty of up to 3 years in prison.  In addition, Hopkins has not ruled out the possibility of charging Dinius with criminal negligence.

According to Channel 7′s I-Team blog, Hopkins’  posted the letter on the Lake County Website after he attached the same letter to an email sent to Michael Hennesey, a major businessman with connections to several County wineries and businesses.  Hopkins also sent copies of the email to all the local wineries and newspapers .  Hennesey has been threatening to boycott not only Lake County wine, but anything made there.

Russell Purdock, the Lake County sheriff who’s boat rammed into the starboard side of the barely moving sailboat killing Lynn Thornton, has still not been charged with any crime.

My Opinion:

Seems as if the Lake County DA continues to have his priorities in the wrong order.   The Hennesey email, the chronology of events and the method by which the DA made the announcement are all circumstantial, but it certainly gives the appearance of impropriety.

Bismark Dinius did not hear good news today as the Judge denied the defense attorney’s motion to dismiss the Lake County District Attorney from the trial. Judge Byrne said today in court “There is sufficient evidence that the matter has to be tried.” The Judge ruled against the defense after hearing arguments from both sides. Defense attorney claimed that the Deputy District Attorney Haltom purposefully withheld vital evidence revealed to the defense on the day the trial was set to begin last May.

There were about two dozen protesters outside the Superior Court today in Lake County with equal numbers of supporters for both Dinius, the accused in this case, and Russell Purdock, the officer who was driving the speed boat that crashed into into the sailboat killing Lynn Thornton. To date, Purdock has not been charged with any crime despite admittedly driving at speeds in excess of 40 MPH.

The court is in recess right now while the Judge considers the date for the trial to begin. The defense has said “We want to go as quickly as possible.” The attorneys are meeting with the Judge in chambers.