I-Team Blog

by Dan Noyes

Thanks for visiting the I-Team blog. I receive a lot of e-mail and phone calls commenting on our investigations. This forum gives me the chance to discuss some of the issues our viewers raise, and to provide the back story to what you see on ABC 7 News.

SFDA: Tough on crime?

We've been hearing for years how officers on the street feel the San Francisco District Attorney's Office soft pedals some of the cases presented by the SFPD. Case in point: thirty-two-year-old Earl Davis.

Starbucks-surveillance1
Earl Davis on Starbucks' Surveillance
February 22, 2009

He was well-known by police in the neighborhood -- Davis has a criminal record dating back to February 1995 when he was convicted of auto burglary. In the years that followed, Davis received convictions for selling drugs, domestic violence, DUI, petty theft and two cases of battery, with frequent probation violations along the way. So, when police spotted him hiding under a parked car with $200 he had robbed from a Starbucks this February, they thought he would finally do some serious time -- the range for robbery is two to five years in state prison.

But, Earl Davis got a plea deal from the DA's Office for second degree robbery with just nine months in county jail. This is Davis' second felony, so there apparently was no "three strikes" issue. Jeff Ross, head of the SFDA's Office Criminal Division, characterizes it as "a mistake": "This came out of our preliminary hearing unit which is normally populated by young lawyers who have succeeded in getting through misdemeanors, minor crimes, and are experiencing their first time dealing with felony matters."

Ross argues that felony convictions are up 20-percent since Kamala Harris took over as D.A. in December 2003. But, critics say convictions have increased because the DA's Office is settling cases quickly, instead of pushing for tougher, appropriate sentences ... such as the case of Earl Davis.

Davis' arresting officer told us, "You know, I just feel disappointed with the whole thing. And unfortunately, a lot of police officers in San Francisco are completely disappointed with the justice system in this city."

Charges Filed: Taxi Medallions

The city of San Francisco limits the number of cabs on the street by handing out just 1,500 permits or "taxi medallions". With almost 7,500 drivers, the medallions are precious -- there's a ten-year waiting list. In order to receive a medallion, you have to be a working, full-time driver. You can drive your own cab with it and lease it out to other drivers to work when you aren't driving. That leasing option is worth anywhere from $20,000 to $40,000 a year -- a good addition to a cab driver's salary. It's meant as something of a reward for working years in the industry.

Taxi

In July of 2007, the I-Team showed you how several people are apparently taking advantage of the system. They've obtained medallions and are raking in the yearly leasing fees, but are not driving a cab as required by law. Some drivers told me today there are 200 or more people who own medallions, but don't drive.

I'm attaching the complaints against four medallion owners filed by the Municipal Transportation Agency this week. Three of them involve owners profiled in our original report. They all have to appear for a hearing at the MTA August 7th.

MTA Complaints:

Jack Dudum
Sylvia Dudum
Lauretta Tachini
Martha Barakah

Real Estate "Houses of Horror"

In tonight's story, we told you how Jim McConville convinced dozens of Bay Area investors to let him use their identities and credit scores to buy condos across the state, then left them on the hook for millions of dollars. But why did he do it?

Mcconville
McConville Booking Photo 1998

We think we've discovered one of the main reasons -- McConville couldn't qualify to get the loans himself, because of a $1.2 million state tax lien he picked up back in the early '90s. Just last month, the Franchise Tax Board sent McConville a tax lien notice, with instructions on how he can pay off the $1,283,443.80 he owes in state taxes from 1991, 1992 and 1993.

McConville picked up another black mark on his record a few years later. In 1998, he was convicted of felony grand theft, after he reportedly pocketed the insurance money from a fire at his Richmond hotel, instead of turning it over to the banks he owed money to. He served 51 days in the county jail, and got five years probation. The court also ordered him to pay $262,000 in restitution, which Alameda County District Attorney Tom Orloff tells us McConville has paid back in full.

In 2006, the grand theft charge got knocked down to a misdemeanor, and last year the charges were dismissed after McConville petitioned the court, saying he'd met all the terms of his probation.

If you invested money with Jim McConville, or let him use your identity and credit history to buy real estate, we'd like to hear your story. Shoot us an email at iteam@kgo-tv.com, or call our tip line at 1-888-40-ITEAM.

Oh, the "Houses of Horror" reference? If you saw tonight's report, you know that McConville bankrolled a slasher film set to be released this fall. The investors who lost money to McConville can't help but wonder if their cash went to "Red Velvet".

Innocence Project Joins Boat Crash Defense

The Northern California Innocence Project is joining Bismarck Dinius' defense.

NCIP Logo

The NCIP usually takes on cases of inmates who've been wrongly convicted, but the group's legal director, Linda Starr, confirms the NCIP is getting involved even before the Dinius trial starts.

Close of sailboat

Dinius is facing a manslaughter charge in the death of Lynn Thornton of Willows. They were sailing with three other friends at night on Clear Lake when a power boat driven by the number two official in the Lake CoOunty Sheriff's Office, Russell Perdock, slammed into them.

Perdock's boat

Perdock was not charged. District Attorney Jon Hopkins decided to charge Dinius, based on his alcohol consumption and the accusation that the sailboat's running lights were off.

Jury selection begins tomorrow morning. Given the pre-trial publicity and the potential length of the case, the court will select the jury from a pool of 600-700 Lake County residents. You can see the 12-page questionnaire potential jurors will fill out here.

It asks whether potential jurors have any preconceived notions about the case, and whether they could set them aside and decide the case fairly. You can also see the list of 79 witnesses who could be called to testify. The trial is expected to last through late August to early September, running on a Tuesday through Friday schedule.

By the way, Elizabeth Larson at Lake County News reports that the Sheriff's Office has found the 911 recordings from the night of the crash. The DA's Office had said in court that the recordings had somehow been misplaced. As you'll recall in our series of reports, several witnesses who could be helpful to the defense told us sheriff's investigators refused to take their statements.

In August of 2007, Peter Elmer told the I-Team he saw Perdock's power boat speeding 50 miles an hour, in his estimation: "I said to everybody who was sitting on the dock, 'There's a clown that's either going to kill himself or somebody else.' I kind of regret saying that now, but I knew immediately that this guy was going way too fast for the conditions."

Elmer is a retired police sergeant from East Bay Regional Parks who oversaw the marine unit there. He says he called the Lake County Sheriff's Department, but they refused to take his statement: "I called back and said, 'Listen, a deputy needs to come talk to us,' and they said, 'No, that's okay.' Well, putting that in perspective and the fact that he (Perdock) hasn't been charged, I thought something's not right here."

Elmer's calls to the Lake County Sheriff's Office should be on that batch of 911 recordings just discovered. We'll keep on top of it.

Psychic Arrested After I-Team Investigation

John-bunny-ann

We received this mugshot today of Bunny Ann John, also known as Madame Vivian. The psychic is sitting in Santa Clara County Jail on $250,000 bail, facing two counts of felony grand theft. John was the subject of an I-Team investigation in February, in which we documented how the psychic warned one customer her business would fail and her granddaughter would be harmed unless she kept paying. The total? More than $130,000. The Santa Clara County District Attorney's Office began investigating after our report. John is scheduled to appear in court July 13th. The criminal complaint lists a second victim who gave John between $350,000 and $850,000.

I-Team Twitters Live: Boat Crash Headed to Trial

It's been more than three years since the number two official in the Lake Couny Sheriff's Office, Russell Perdock, drove his power boat a reported 40-50 mph at night into a sailboat, killing Lynn Thornton of Willows. Today, a judge ruled that the man who happened to be steering the sailboat at the time, Bismarck Dinius, should stand trial, and that the Lake County District Attorney should be allowed to try the case. The defense brought a motion to recuse the DA, saying Jon Hopkins has a conflict of interest -- that he's "protecting one of their own".

I twittered the hearing live. Here's the action, along with some pictures taken with my Blackberry and some added background. I'm writing this at 12:15pm, so you can adjust the times for the tweets.


On the way to Lake County for boat crash hearing.
about 5 hours ago from mobile web
Boat Perdock Support Signs 2
Here at superior court in Lakeport About two dozen protesters...
about 3 hours ago from mobile web

... split between dinius and perdock supporters.
about 3 hours ago from mobile web
Boat T-shirts
5 relatives (and friends ) of boat crash victim Lynn Thorton are sitting in the second row in black t-shirts with Lynn's picture.
about 3 hours ago from mobile web
Boat Lynn
They support Dinius and say the wrong man is charged.
about 3 hours ago from mobile web

Dennis Olsen was just brought into court in shackles. he's a defense witness. he's serving jail time for a dui car crash.
about 3 hours ago from mobile web

At the time of the boat crash, he worked security at Konocti Harbor.
about 3 hours ago from mobile web

He reports seeing Perdock at Konocti Harbors outdoor bar in the hours before the crash.
about 3 hours ago from mobile web

.. something that Perdock denies.
about 3 hours ago from mobile web
Boat Court with Hopkins
DA Hopkins argues that this hearing to recuse him from this case is unnecessary.
about 3 hours ago from mobile web

Judge Byrne just told Hopkins "there is a serious appearance of conflict if you have to cross examine your deputy DA"
about 3 hours ago from mobile web

The judge says Sgt. James Beland changed his testimony "based on things that were said to him by a deputy DA working under you"
about 3 hours ago from mobile web

Hopkins removed that DDA John Langan from the case and is handling it himself.
about 3 hours ago from mobile web

Beland says he was ordered not to give a breath test to Perdock at scene. After his testimony, Beland got fired.
about 3 hours ago from mobile web

Hopkins says he would have no problem crossing Langan and that "this is such a minor matter" because ...
about 3 hours ago from mobile web

Perdock, Weber and Dinius all were blood tested.
about 3 hours ago from mobile web

Boat Court with Dinius
The defense argues the order not to breath test Perdock is evidence of a coverup.
about 3 hours ago from mobile web


Hopkins cites I-Team report included in defense
about 3 hours ago from mobile web


... in defense motion that shows Perdock and DA's chief investigator working the case belong to the same Masonic Lodge.
about 2 hours ago from mobile web

Hopkins argues against this hearing saying it's a fishing expedition.
about 2 hours ago from mobile web

Hopkins wraps up saying there's no conflict of interest. Defense attorney Victor Haltom begins.
about 2 hours ago from mobile web

Haltom says DA withheld evidence -- Jean Strak told LCSO deputy she saw lights on sailboat (the central issue).
about 2 hours ago from mobile web

That was April 2006. Perdock provided report to LCSO investigator with Strak's name.
about 2 hours ago from mobile web

That was September 2008. DA gave it to defense May 2009 on the day the trial was supposed
about 2 hours ago from mobile web

... on the day the trial was supposed to begin.
about 2 hours ago from mobile web

Haltom says he has to call Hopkins to the stand to questiom him about I-Team blog.
about 2 hours ago from mobile web

DDA Langan said in court he may have to dismiss charges because of new information coming out. Hopkins told me ...
about 2 hours ago from mobile web

...if he had to dismiss, it would be only to investigate new leads and refile the charges.
about 2 hours ago from mobile web

Defense says that's improper. (That Hopkins was "on a train" to charging Dinius, no matter what exculpatory evidence came up.)
about 2 hours ago from mobile web

Judge: "To me, this is a classic case the jury has to decide."
about 2 hours ago from mobile web

Haltom argues there are new revelations that shed bad light on handling of case -- suppression of evidence...
about 2 hours ago from mobile web

Judge is ready to rule -- won't be hearing from witnesses.
about 2 hours ago from mobile web

Judge; Defense Motion Denied. DA will not be removed from case -- it's headed to trial.
about 2 hours ago from mobile web

Judge: "There is sufficient evidence that the matter has to be tried."
about 2 hours ago from mobile web

On trial date, defense says "We want to go as quickly as possible." Prosecution says may take time to find a jury because of .,,
about 2 hours ago from mobile web

media attention.
about 2 hours ago from mobile web

Brief recess.
about 2 hours ago from mobile web

judge takes lawyers into chambers to discuss logistics of trial
about 2 hours ago from mobile web

The defense argued, if the case needs to go to trial, it should not be the Lake County DA before the jury. Judge disagreed.
about 2 hours ago from mobile web

Despite Attorney General Jerry Brown saying he's "looking into it", no one from his office is here for the hearing.
about 1 hour ago from mobile web

Lawyers return from chambers.
about 1 hour ago from mobile web

Lawyers and judge back in court.
about 1 hour ago from mobile web

July 7 8:30 for jury selection.
about 1 hour ago from mobile web

Perdock quickly came into court and left.
about 1 hour ago from mobile web
Boat Perdock in Court
LCSO Captain Russell Perdock Leaves Court

Bismarck Dinius "bummed" -- he had hoped judge would toss out case or give it to AG's Office.
about 1 hour ago from mobile web

At Park Place Cafe, writing I-Team blog with pictures from today, these tweets and more background. The algae is really coming up ...
41 minutes ago from mobile web

... on Clear Lake.
40 minutes ago from mobile web

CA Attorney General Looking into Boat Crash Case

Jerry brown

California Attorney General Jerry Brown's Facebook page has been bombarded by people concerned about the Lake County Fatal Boat Crash case. These are not anonymous commenters, but people who usually provide their real names and photographs. They write that they're concerned the wrong man is being charged, a question the I-Team first raised nearly two years ago.

Russell Perdock was the number two official in the Lake County Sheriff's Office when he drove his power boat a reported 40-50 mph at night into the rear of a sailboat, killing Lynn Thornton of Willows. Perdock was not charged in the death nor with any infraction connected to the accident. The man who happened to be steering the sailboat is facing trial for manslaughter and boating under the influence.

Boat

This afternoon, Jerry Brown finally responded to the posts: "Re: the Lake County comments on my wall -- I’m talking to the DA and I’m looking into it. There’s conflicting claims – the preliminary hearing transcript is voluminous." The I-Team contacted Brown's press officer late today who confirmed Jerry Brown himself writes those messages on his Facebook page, and yes, "the message speaks for itself". Brown is talking to Lake County District Attorney Jon Hopkins about the complaints, in advance of a hearing one week from today. The defense is asking the judge to recuse the prosecutor from the case, citing close ties between Perdock and the DA's Office (ties we've revealed in past stories and blogs). The AG's Office will be filing an opinion for the hearing, and will attend.


Perdock On Leave from Sheriff's Dept.

This comes on the same day that the ABC 7 I-Team has confirmed Captain Russell Perdock has been placed on paid leave from the Lake County Sheriff's Department.

Perdock-screenshot

The announcement on Perdock's change of status came in this e-mail from Lake County Sheriff Rod Mitchell to his staff:


From: Rodney Mitchell
Monday - June 22, 2009 4:55 PM
To: All SO users (everyone)
Subject: Mandatory Reading re: Logistics Section

Ladies and gentlemen,

Effective today, (June 22, 2009) and until further notice, Captain Russ Perdock will be on approved leave. Captain Crystal Esberg will assume command of the department's Logistic's Section in Captain Perdock's absence. Any messages or other inquiries taken by reception or dispatch concerning Captain Perdock and the business of the department shall be referred to me.

Be careful.

Rodney K. Mitchell
Sheriff/Coroner/OES Director
County of Lake, CA

I asked Mitchell by phone today to describe the leave -- is it administrative? Is Perdock under investigation for something? Does it involve the boat crash case or another story the I-Team's investigating? Mitchell's answer: "It's a personnel issue ... I couldn't get into that." I asked the sheriff, besides administrative, what other types of paid leave could there be? He answered vacation, comp time, and workers compensation.

I reached Russell Perdock on his cell phone today, and asked him about his leave. He gave a six letter answer, "Bye, Dan."

Unless the State Attorney General agrees to take over the case, we'll be hearing from Perdock next week -- the defense plans on calling him to the stand as part of its motion to recuse. We'll be there and report back to you.

Ex-wife: Perdock "is a big, fat liar"

Perdock

Donna Perdock was still married to Russell Perdock, the number two official in the Lake County Sheriff's Office, in April 2006. That's when he drove his power boat a reported 40-50 mph at night into the rear of a sailboat that had been drifting in the light wind with 5 people aboard.

Sailboat

Perdock's power boat soared over the sailboat, snapping the mast, crushing the cabin, and landing in the water in front of the sailboat.

Lynn

Lynn Thornton of Willows, the sailboat owner's fiance', died from injuries suffered in the crash. Lake County prosecutors did not charge Perdock in Thornton's death -- they charged Bismarck Dinius, who happened to be steering the sailboat at the time. He had been drinking, and prosecutors argued the sailboat's running lights were off at the time of the accident. The defense has witnesses and experts who say the lights were on.

Donna and Russell Perdock divorced after the crash. She says she's not a bitter former wife taking shots at her ex, but she wanted me to know she feels "the wrong man is being charged."

Russell Perdock wrote a timeline for the day of the crash and gave it to investigators. You can read it here. Perdock claims his son's birthday party started at 5:15pm, and that it lasted an hour and fifteen minutes. Donna Perdock says, "No way can you have a party for seven kids, and wrap it up that quickly." Donna Perdock says she has proof it actually started at 3pm -- she keeps a journal and others who attended the party will confirm the time. Donna Perdock says she arrived at the pizza parlor to decorate at 2pm, and that Russell Perdock arrived at 3pm when the party started. Why is this important? In shifting that time, Russell Perdock begins accounting for the hours between six and nine o'clock when witnesses report seeing him at Konocti Harbor's outdoor bar. Perdock continues to insist he "never set foot" on Konocti's docks that night. As we reported, at least five people have come forward with information about Perdock at Konocti that night -- one man even says he raced Perdock in his boat.

Donna Perdock says her ex-husband is "trying to make himself look like he's the greatest dad in the world." From Russell Perdock's timeline: "7:00 AM - Fixed my son breakfast, instant oatmeal with toast and juice." Donna Perdock says Russell "never made breakfast in his life", that it was a special day for her and her son. She woke up early to cook a birthday breakfast -- his favorite, a homemade Egg McMuffin.

And she says she went out to confront Perdock in the driveway at six that evening (when Russell Perdock claims he was still at the birthday party), while he cleaned his boat. He told her he was taking it out for a ride, and Donna Perdock complained because her son was continuing his birthday party at home: "I have four boys here. Please don't do this."

Donna Perdock says there is another inaccuracy in Russell Perdock's timeline. He writes, "7:00 PM - Got the boys out of the truck and their stuff in the house. I uncover the boat to clean it for a morning ride. 8:00 PM - Take boat to cove to launch it and tie up at the docks." Donna Perdock says her ex-husband would never do that; he would never leave his boat in the water for more than a few hours because he was so concerned about algae. Also, Donna Perdock told us in a past report that her ex-husband left in his boat around 6 or 6:30.

Donna Perdock makes one other interesting point. She says Russell Perdock uses eye glasses to drive at night or when his eyes are tired. Perdock has testified he was not wearing glasses at the time of the crash. Donna Perdock says Russell Perdock's night vision is so bad that she had to direct him around buoys at night, even though he was familiar with their location. She says, "Driving on a moonless night in the dark? That was my first inclination of the reason why he didn't see the sailboat."

Donna Perdock continues, "I hope they dismiss this whole, entire case. Even if (Bismarck Dinius) was drinking, sitting there at the tiller, it doesn't matter. He should not be charged with Lynn Thornton's death; there is absolutely no reason. He was sitting there minding his own business when Russell slammed into him. The wrong person is being accused ... I feel so bad for Bismarck Dinius and his wife. It's just so unfortunate they can't get on with their lives."

By the way, some commenters have questioned why I did not attend the hearing June 12th (we sent a photographer and producer, and I consulted with them by phone that day). I was attending the Investigative Reporters and Editors Convention in Baltimore. It's a chance for people across the country who do what I do, to get together, share ideas, get feedback -- a worthwhile exercise. We're back in the saddle and ready to roll.

Salon Beating Video: New Details



It was one of the more disturbing videos we've seen -- several women enter an Oakland beauty salon, bar the door, and attack the salon owner. Two of the women take turns punching and kicking Melissa Seals, while a third videotapes the attack last month.

The titles on the video imply that Seals was beaten for "talkin' too much". And, two women who claim to have carried out the beating called radio station KMEL last week to say they targeted Seals: "Yeah, maybe we're wrong for going about it the way that we did, but she deserved every bit of that for the sh-- she talked about. When you're mad you react differently when you're mad and we handled it maybe the wrong way. But we're glad we did it, because she, she exploited our business to her clients." The women claim Seals talked about their sexual activity to their parents and other clients of the salon. But, Seals told us a former boyfriend is behind the attack, that she spotted him watching the beating through the window of her salon. Seals says she has filed for restraining orders against her attackers and the ex-boyfriend.

This raw video has gone viral, getting more than 223,000 hits since we posted it on our Web site last week. Melissa Seals says she’s been amazed at the outpouring of attention from across the country and around the world. Her Facebook and MySpace pages have been flooded with messages and new friend requests. “I had 64 pages of friend requests on Facebook,” she says. “I had so many pages of requests on MySpace that I couldn’t even approve all the people … too many to count.”

Most of the emails have been supportive, she says. “Everybody says you know, ‘I’m sorry about what happened to you. It was wrong. They will get theirs. We want justice for you.’ Things like that.” One email came from Afghanistan. “He just pretty much said he was praying for me.”

We'll stay on top of this and tell you when/if anyone's arrested. By the way, I tried to reach the attackers and Seals' former boyfriend -- the most recent phone numbers I could find for them have been disconnected.


Perdock: "I see myself as a victim"

Perdock-screenshot

In an interview with investigators from the Lake County District Attorney's Office on May 7th, 2009, Captain Russell Perdock reveals that he sees himself as a victim in the fatal boat crash case. Perdock is the number two official in the Lake County Sheriff's Office who was behind the wheel of a power boat traveling a reported 40-50 mph at night, when it slammed into a sailboat killing Lynn Thornton of Willows. The man steering the sailboat at the time, Bismarck Dinius, is facing manslaughter and boating under the influence charges. Perdock has not been charged.

Boat

In the interview, transcript attached, the DA's investigator discussed the unusual situation:

Investigator: "...although you’re law enforcement, you’re not a law enforcement here. You’re, you’re a civilian, so —"

Perdock: "And I think that’s part of my frustration is where I see myself as a victim in this, I’m now feeling as though I’m a suspect."

The investigators pressed Perdock on discrepancies in the timeline he provided, compared to witnesses. Perdock says he attended his son's birthday party, cleaned his boat at home, and finally launched it at 8:50 the night of the crash. He says he never set foot on Konocti Resort that night. But, as we've reported, several witnesses say they saw Perdock at Konocti Resort's outdoor bar in the hours before the crash. One man says he even raced Perdock in his boat.

As you'll read, Perdock sticks to his story, even though Konocti's security personnel who know Perdock personally say they saw him at the outdoor bar before the crash.

Investigator: "Are they lying?"

Perdock: "Yes, and I don’t know why."

We've also reported that Perdock's ex-wife told us he pulled away from home in his boat at 6 or 6:30pm.

Another witness, Peter Erickson, told Dinius' defense attorney, Victor Haltom, that he overheard Perdock speaking with another deputy on shore after the crash.

Erickson: "I ... overheard him talking to a deputy saying that he was leaving Konocti where he'd had a coke and he was on his way to Richmond Park where he was going to have another coke."

Haltom: "And that was not on the cell phone, it was just him talking to the deputy?"

Erickson: "Yes, sir. ... He was bar hopping having cokes."

Haltom: "Ok, um, did that strike you as odd?"

Erickson: "Yeah."


Defense: "DA should be removed from case"

In a motion filed today, Dinius' defense attorney says the Lake County District Attorney's Office should be removed from the case based on:

1. The Fraternal Relationship Between District Attorney Investigator John Flynn and Russell Perdock

2. The District Attorney’s Prejudgment of the
Newly Focused Investigation Concerning
Russell Perdock’s Activities Before the Accident

3. Repeated Concealment of Exculpatory Evidence
and Third-Party Culpability Evidence

a. Doug Jones — Sail Boat Lights On

b. Jeannie Strak — Sail Boat Lights On

c. Sgt. Samples’ Non-Disclosure of Former
Sgt. Beland’s Statements that He Was
Ordered Not to Subject Mr. Perdock to
a Breath Test

d. D.D.A. Langan’s Involvement in the
Non-Disclosure of the Evidence Spawned
by the Order Not to Administer a PAS Test
to Mr. Perdock

e. Sgt. Andy Davidson’s Statement to his
Former Girlfriend that Mr. Perdock Was
Drinking on the Night of the Accident

f. Mr. Perdock’s Possession of Keys to the
Storage Facility in Which the Blood Sample
Purportedly Drawn from Mr. Perdock Was
Refrigerated

g. The Joint Membership of Mr. Perdock
and Investigator Flynn in a Masonic Lodge
in the Clear Lake Area (see I-Team blog)

h. Unknown Changes Made to Former Sgt.
Beland’s Reports

The motion should be heard in the next few weeks.


Questions About Perdock's Blood

The defense motion also reveals that Perdock's blood sample was kept in an unlocked refrigerator at the Lower Lake Sheriff's Substation over the weekend after the crash. Perdock had keys to the building.

Lake County Sheriff's Sergeant Jim Beland writes in an e-mail to his attorney, "As far as I know, someone could take the blood from the refrigerator at the substation." Beland is the same LCSO sergeant who testifed he was ordered not to give Perdock a breath test on shore, the night of the crash. After that testimony, Beland got fired.

The case is set for a status hearing this Friday. Deputy District Attorney John Langan said in court, he might move to dismiss if his investigators need more time to check out new information. But, the I-Team has learned that Langan has been removed from the case and District Attorney Jon Hopkins is taking over. So, we don't really know what will happen Friday; Hopkins has not returned my calls for comment on the latest developments. From our first report almost two years ago, Hopkins defended the Sheriff and the DA Office's handling of the case.

JON hopkins
Jon Hopkins, Lake County District Attorney

By the way, we understand that a petition will begin circulating Friday morning during a protest at Lake County Superior Court, to recall Hopkins. The I-Team will be there and have the story at 6pm. Here's a poster that's already making the rounds:

Lake_County_Police_Brutality