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..

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.

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.