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.
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Here at superior court in Lakeport About two dozen protesters...
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... split between dinius and perdock supporters.
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5 relatives (and friends ) of boat crash victim Lynn Thorton are sitting in the second row in black t-shirts with Lynn's picture.
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They support Dinius and say the wrong man is charged.
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Dennis Olsen was just brought into court in shackles. he's a defense witness. he's serving jail time for a dui car crash.
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At the time of the boat crash, he worked security at Konocti Harbor.
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He reports seeing Perdock at Konocti Harbors outdoor bar in the hours before the crash.
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.. something that Perdock denies.
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DA Hopkins argues that this hearing to recuse him from this case is unnecessary.
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Judge Byrne just told Hopkins "there is a serious appearance of conflict if you have to cross examine your deputy DA"
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The judge says Sgt. James Beland changed his testimony "based on things that were said to him by a deputy DA working under you"
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Hopkins removed that DDA John Langan from the case and is handling it himself.
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Beland says he was ordered not to give a breath test to Perdock at scene. After his testimony, Beland got fired.
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Hopkins says he would have no problem crossing Langan and that "this is such a minor matter" because ...
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Perdock, Weber and Dinius all were blood tested.
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The defense argues the order not to breath test Perdock is evidence of a coverup.
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Hopkins cites I-Team report included in defense
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... in defense motion that shows Perdock and DA's chief investigator working the case belong to the same Masonic Lodge.
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Hopkins argues against this hearing saying it's a fishing expedition.
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Hopkins wraps up saying there's no conflict of interest. Defense attorney Victor Haltom begins.
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Haltom says DA withheld evidence -- Jean Strak told LCSO deputy she saw lights on sailboat (the central issue).
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That was April 2006. Perdock provided report to LCSO investigator with Strak's name.
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That was September 2008. DA gave it to defense May 2009 on the day the trial was supposed
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... on the day the trial was supposed to begin.
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Haltom says he has to call Hopkins to the stand to questiom him about I-Team blog.
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DDA Langan said in court he may have to dismiss charges because of new information coming out. Hopkins told me ...
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...if he had to dismiss, it would be only to investigate new leads and refile the charges.
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Defense says that's improper. (That Hopkins was "on a train" to charging Dinius, no matter what exculpatory evidence came up.)
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Judge: "To me, this is a classic case the jury has to decide."
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Haltom argues there are new revelations that shed bad light on handling of case -- suppression of evidence...
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Judge is ready to rule -- won't be hearing from witnesses.
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Judge; Defense Motion Denied. DA will not be removed from case -- it's headed to trial.
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Judge: "There is sufficient evidence that the matter has to be tried."
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On trial date, defense says "We want to go as quickly as possible." Prosecution says may take time to find a jury because of .,,
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media attention.
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Brief recess.
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judge takes lawyers into chambers to discuss logistics of trial
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The defense argued, if the case needs to go to trial, it should not be the Lake County DA before the jury. Judge disagreed.
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Despite Attorney General Jerry Brown saying he's "looking into it", no one from his office is here for the hearing.
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Lawyers return from chambers.
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Lawyers and judge back in court.
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July 7 8:30 for jury selection.
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Perdock quickly came into court and left.
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LCSO Captain Russell Perdock Leaves Court
Bismarck Dinius "bummed" -- he had hoped judge would toss out case or give it to AG's Office.
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At Park Place Cafe, writing I-Team blog with pictures from today, these tweets and more background. The algae is really coming up ...
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... on Clear Lake.
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