Bismark Dinius’ defense lawyer accuses DA of misconduct
by Erik on Jul.20, 2009, under Personal, sailing
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.
