Tragedy — The Loss of Lynn Thornton
Travesty — The Unjust Prosecution of Bismarck Dinius
Introduction
Closing Argument Themes
▪ The Investigation of the LCSO & LCDA
▸Bias
▸Corruption
▸Incompetence
▪ Russell Perdock Is a Liar
▪ The Role of the Jury
▪ Boating Rules
▪ The Charges — Mr. Dinius Is Not Guilty
▪ Right vs. Wrong; the LCSO and LCDA Need
to Learn Right from Wrong
The Investigation
▪ Bias
▪ Corruption
▪ Incompetence
Bias
▪ # 2 Man in the LCSO
▸Oversees Investigations
▸Can Affect Promotions, Pay, and Termination of Subordinates
▪ Hugged by Sheriff Mitchell at Scene
▪ Order — No Breath Test
▪ Investigators are Fellow Masonic Lodge Members
▸John Flynn
▸Tom Clements
Corruption
▪ LCSO Officers Investigating One of Their Own
▪ Failing to Report Contacts with Witnesses
Who Told LCSO Officers that they Saw the
Lights On
▪ 16-Hour Interval During Which Perdock Had
Access to His Blood Sample
▪ Cutting Perdock In on the Investigation
▸The October 2006 E-mail
▸The Higginbotham Interview in September 2008
▸The Flynn Interview in May 2009
Incompetence
▪ Leaving the Sail Boat Unattended
▪ Only Witness Slabaugh Meaningfully
Interviewed Is Perdock
▸ Slabaugh Was Supposedly Brought In to Shield Against
Impropriety & Improper Influence.
▪ With the Exception of Dick Snyder, the
Prosecution’s “Experts” Were Incompetent and
Unfamiliar with Sailing
▪ Granting Perdock Access to His Boat After
the Accident
▪ Beginning Parts of Investigation More
ThanThree Years After the Accident
Russell Perdock
Proven Liar
Perdock’s Lies
▪ Lied About Preparing Son’s Breakfast
▪ Lied About When He Left His Home with His
Boat
▪ Lied About Going to Konocti
▸Joe Gliebe
▸Dennis Olson
▸Peter Erickson
▸John Walker Yashiki-Jansen (Black Tank-Top)
▸Myra Martinelli
▪ Falsely Denied Reviewing Official LCSO
Reports
▪ Lied about Seeing Green
The Role of the Jury
Supreme Court of the United States
Duncan v. Louisiana, 391 U.S. 145, 155-156 (1968)
The guarantees of jury trial in the Federal and State Constitution reflect a
profound judgment about the way in which law should be enforced and
justice administered. A right to jury trial is granted ... in order to prevent
oppression by the Government. Those who wrote our constitutions knew
from history and experience that it was necessary to protect against
unfounded criminal charges brought to eliminate enemies and against
judges too responsive to the voice of higher authority. The framers of the
constitutions strove to create an independent judiciary but insisted upon
further protection against arbitrary action. Providing an accused with the
right to be tried by a jury of his peers gave him an inestimable safeguard
against the corrupt or overzealous prosecutor and against the compliant,
biased, or eccentric judge. If the defendant preferred the common-sense
judgment of a jury to the more tutored but perhaps less sympathetic
reaction of the single judge, he was to have it. Beyond this, the jury trial
provisions in the Federal and State Constitutions reflect a fundamental
decision about the exercise of official power — a reluctance to entrust
plenary powers over the life and liberty of the citizen to one judge or to a
group of judges. Fear of unchecked power, so typical of our State and
Federal Governments in other respects, found expression in the criminal
Boating Rules
▪ Boating Rules Violated by Russell Perdock:
▸Rule 5: Look-Out
▸Rule 6: Safe Speed
▸Rule 7: Risk of Collision
▸Rule 8: Action to Avoid Collision
▸Rule 13: Overtaking
▸Rule 18: Power Driven Vessel to Keep Out of
Way of Sailing Vessel
▸Rule 19: Safety in Restricted Visibility
▪ Boating Rules Violated by Bismarck Dinius:
The Charges
▪ Count 1 — Felony BUI
▪ Count 2 — Misdemeanor BUI
▪ Count 3 — Misdemeanor Boating ≥ 0.08
Count 1 — Felony BUI
▪ Simple Way to Decide this Charge:
▸Ask yourselves: Has the prosecution has proven
beyond a reasonable doubt that the sail boat’s stern
light was off?
▸If your answer is no, you must acquit on Count 1.
▸This is the law, as determined by the court.
▪ The Stern Light Was On.
▸It was on, when the sail boat left Richmond Park.
– Jim Ziebell (called by prosecution)
– Mark Weber
– Stephanie Green (former law enforcement officer)
– Jeannie Strak
Count 1 (continued)
The Stern Light Was On.
▸The Stern Light Was On When the Sail Boat Sailed
Past Doug Jones’ Property at Bayshore.
– Doug Jones (called by prosecution)
▸The Stern Light Was On At the Time of the
Accident:
– Dr. William Chilcott
– Brian Stole
– Mark Weber
Count 1 (continued)
The Prosecution’s Flimsy Evidence that
the Lights Were Supposedly Off
▪ So-Called “Expert” Testimony
▸Toby Baxter
– Never Previously Qualified as Expert
– His Photos Reveal Wave & Asymmetrical Coil Spacing
– The Photos are not an Optical Illusion
Count 1 (continued)
The Prosecution’s Flimsy Evidence that
the Lights Were Supposedly Off (Continued)
▪ The Prosecution Has Unsuccessfully Tried to Prove a
Negative.
▪ Not Seeing Lights ≠ Proof That Lights Were Off.
▸ Russell Perdock & Passengers
▸ The Fishermen
▸ The Young Ladies
▪ The Cabin Lights Were On — Sgt. Ostini
▸ The Cabin Lights Are Visible.
▪ Blending of Stern Light and Shore lights
▪ Toggle Switches Change Position in Crashes.
Count 1 (continued)
Alcohol Consumption
▪ Mr. Dinius Was Drinking.
▪ His Blood Alcohol Level Was .12 After the
Accident.
▪ His Sobriety Level Had Nothing to Do with the
Accident.
▸Nobody on the Sail Boat Could Have Done Anything to Get
Out of the Way of the Baja Outlaw.
– The Sail Boat Was Being Overtaken. It’s Only Obligation Under
the Rules Was to Maintain Its Course.
▸Perdock Rear-Ended Them.
▸Handling a Tiller is Like Pulling the Handle of a Little Kid’s
Play Wagon.
Count 1 (continued)
Proximate Cause
▪ Even If You Conclude, Beyond a Reasonable Doubt, that the
Stern Light Was Off, Mr. Dinius Is Still Not Guilty on Count 1.
▪ Russell Perdock’s Recklessness Was the Sole Cause of the
Accident.
▸ Perdock was Driving at a Ridiculous Speed.
▸ Perdock had been Drinking.
▸ Perdock was Not Wearing his Glasses.
▪ The Only Other Possible (Highly Unlikely and Speculative)
Contributing Causes Would Have Been Somebody on the Sail
Boat Turning Off the Navigation Lights, Or the Stern Light
Burning Out Before the Crash.
▸ Such events would not be Mr. Dinius’ fault.
Count 1 (continued)
▪
NOT GUILTY
Counts 2 & 3
Misdemeanor BUI
▪ Mr. Dinius Is Not Guilty of these Charges If the
Prosecution Has Not Proven, Beyond a
Reasonable Doubt, that Mr. Dinius Was
Operating the Sail Boat.
▪ Who Was Operating the Sail Boat?
▸Mark Weber Was Running the Show.
▸It Was His Sail Boat.
▸Mr. Dinius Was Admittedly at the Tiller.
– He Was Following Directions from the Operator, Mark Weber.
▪ Mr. Weber Was the Skipper; Mr. Dinius Was a
Counts 2 & 3 (continued)
NOT GUILTY
Right vs. Wrong
The LCSO and the LCDA Need to Learn
Right from Wrong
You Can Make This Right
▪ The Jury Has the Power to Correct
Wrongdoing by Government Officials.
▪ The District Attorney Has Prosecuted the
Wrong Man.
▪ Lynn Thornton Deserves a Just Result.
▸Russell Perdock Caused Her Death.
▪ You — a Jury of Mr. Dinius’ Peers — Have the
Power to Tell the District Attorney, with Your
Verdict, that this Prosecution is Wrong.