Sunday, June 15, 2008

Bismarck Dinius Case

Following our publishing last Friday of the story titled CRAP GOVERNMENT AND COURTS IN CALIFORNIA by Richard Spindler, Latitude 38, we were copied on the following email:

From: Gordon Smith
To: piu@doj.ca.gov
Cc: editor@sailingscuttlebutt.com
Subject: Bismarck Dinius Case
Date: Sat, 14 Jun 2008 02:20:03 +0200

Dear Sir,
I may be missing some critical and overwhelmingly important piece of information that the popular press has not been privy to or dared to print. However if the popular press is to be believed you are making yourself an ass.

(1) Power gives way to sail.
(2) No one competently in charge of a motor boat travels at speed at night
(3) If the sail boat was showing lights or not is a moot and unimportant point - any vessel at night is commonly charged with keeping a safe lookout for obstructions and failure to do so is contrary to the best practices of seamanship.
(4) Any vessel at sea has to bear in mind that it might have to avoid a vessel which is restricted in its ability to manoeuvre.
(5) Alcohol test or not, the rule of law at sea is for those in charge of a vessel “to believe the worst” and to keep watch and take avoiding action.

Whichever way you look at it your office is been driven down a one way street with Auntie Ridicule waiting at the end. Charge the idiot who was irresponsibly in charge of his vessel.

The whole situation is rather embarrassing for all concerned. Of course I may have misunderstood some important fact or rather unbelievable point of rather local and bizarre law.

I wish your political and legal career well. (On the face of it, it needs all the help it can get.)

Warmest Regards
Gordon

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3 Comments:

At 7:56 AM, Anonymous Anonymous said...

Question only if


If the DA handled a similar case like Dinius in the past and he has now become a judge, would youwant this judge to hear the Dinius trial now?
If Dinius is convicted could this help in an appeal?

 
At 1:07 PM, Anonymous Anonymous said...

I LOVE that letter to the CA Dept of Justice regarding the Dinius case in Lake County. The State of California could easily take over that situation and apply a neutral, unbiased legal hand into the fact finding and legal prosecution.

But I knew when Jerry Brown tricked the public into letting him back into office that the time would come when the justice system suffered. They didn't call him "Governor Moonbeam" for nothing... back in the day.

 
At 8:55 AM, Anonymous Anonymous said...

Judge Martin refused this

Dear Judge Martin,
My name is Rick Thomsen, Lynn Thornton was my sister and I feel compelled to write to you about this referenced case. Although I do not know BD I offer this letter to you in support of Mr. Dinius. Neither I nor any member of my family believes that Dinius is responsible in anyway for my sisters death. Naturally we are very familar with details of this case in light of our awareness of the relevant facts, we are appalled that Mr. Dinius is being criminally prosecuted for supposaly causing my sister's death. We are convinced beyond any doubt that Russell Perdock, and only Russell Perdock is responsible for Lynn's death and should be facing criminal prosecution. My sister Lynn was a member of the law enforcement community for her entire career and I can tell you she would be outraged that BD is being charged in this case while Russell Perdock goes free, seemingly protected by his fellow law enforcement officals in Lake County. This is not the kind of "justice" that Lynn worked so hard to uphold in the State of California. Plain and simple, the case against Dinius is a travesty. Lynn was a wonderful person. She would not have wanted the wrong person to be prosecuted for her death. I am available to answer any questions the court may have of me.
Sincerely
Rick Thomsen

Back to court on Mar 26 to see if judge allows a DNA sample to be drawn from Perdock, to check if blood sample taken Apr 26,or 27, 2006 matches.

Continue to write

 

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