Perdock: "I see myself as a victim"

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.

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, 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:

Comments

[Tired of the Good Ol Boy's Network]

He's A Victim all right... of his own arrogance and stupidity. Bet he never dreamed that this incident would be the one to open up "Pandora's Box". And since he was cussing out the Sailboat Crew right after he slammed into them, and while Lynn Thorton was dying... I guess he felt victimized from the moment of Impact! Asking why the F' they got in his way?....and on HIS Lake,. Now that's a Cop with Compassion! (NOT).

[Sasha J.]

The poster is brilliant!

Police Brutality: Lake County Style

[Peter Swanson]

This is unbelievable. I have some questions: Why is Perdock not on trial? Can B. Dinius sue the people that are doing this to him? Do the people out in Lake County who are doing this to B. Dinius realize how they are being perceived?

[kent]

Good Work, Dan! This is a much bigger story than one boating incident.

[Scott Thomas]

Sure, he was having a "coke," and was on his way to get another "coke." This case just keep getting wilder.

[Richard Thomas]

When you read through the transcript of that interview of Perdock, it's obvious that he has something to hide.

It is so amazing that Perdock is not the one on trial.

[Perdocks Momma]

My son is an Idiot,,, And Im glad the Good People in Lake County will be protesting Friday AM at the Court House in Lakeport... Maybe they can make a man of him... I give up! Please accept my apology.

[Get Corrupt Cops Out of Lake County!]

To the Rest of the World... We, the Honest Citizens of this community are doing our part to let the Good Ol Boys know that WE WILL NOT TOLERATE Corruption in our current Injustice System! There are a few good Deputy's who support us in our effort to clean up their workplace. There will be a Protest at the Lake Co. Court House 6/12 @ 8am... And No Worries... 2 Recall Petitions to follow....

[J]

This cop should be booked and jailed for manslaughter. AS a sailor, it scares the crap out of me to know those power boat idiots can just wipe you out and at 5 kts vs. 40 there is NOTHING YOU CAN DO TO MANEUVER OUT OF THEIR WAY!!!!

Rot in jail you murderous lying pig of a cop!!!!!!!

[YouCan'tFixStupid]

So, what this means if they convict Dinius: There is now a easy, legal way to kill somone. Get them drunk, throw them in a sailboat so they can't get out of the way, then run them down in the dark. There are married men all over taking notes on this....

[Bob]

This is ridiculous. Had hopes today when we heard that the local DA was making an announcement but no job. I wonder if those good ol boys in Lake County would like to go for a sail with me soon? Maybe to take their minds off their situation as victims. I can solo home.

[lynn]

Dan are you going to tell us who changed Officer Beland's submitted reports?

[Alice Quinn Welton]

Peaceful protest against corrupt LCSO June 30th on courthouse steps, Lakeport, Ca.

[toolatesmart]

We are getting angry about the delay. When are the real criminals going to be charged? Justice delayed in justice delayed!

[lenny matthews]

Change will manifest, finally! Our Sheriff and District Attorney are up for re-election in 2010. And three more years to go for our bail bond-Supervisor Rob Brown. These individuals have, under the color of their authority abused their positions and we deserve far better. This is the ipitomy of "the good ol boy network". I strongly suspect that Rod Mitchell our current sheriff will not be running again for office, and neither will Rob Brown. Jon Hopkins signed on for this one and it's sad to see. I thought he had more self respect than to allow his "friends" to corrupt his office and break the law! As it appears I was wrong. He too will go down hard.
Welcome to Lake County!

[Tom]

Can Perdock be charged in this case or has the stute of linitation expird.

[bernadette lockwood]

if he couldn't see the sail - why would he have seen the lights? Police officers are right to take care of their own - but adding insult to injury by putting an innocent man on trial for murder???

[Nine Green (Mr.)]

John Langan DDA is a "hatchet man" for the L.C.D.A. He was the prosecuting attorney that used Rogelio Alfaro and Albert Seidel (meth addicts and meth dealers as prosecution witnesses against me in a violation of restraining order case). Some people will do anything for a pay check. I defended myself and won the case!!! I had high hopes for DA Hopkins, that things would change. Gary Luck, the former DA brought two case against me as retribution for protesting Sheriff "Rod" for not enforcing the law. Eventually, an illegal alien methamphetamine drug dealer orchestrated a home invasion robbery/attempted double murder and was sentenced to a misdemeanor charge (8 mo. 20 days) only!!! DDA Richard Hinchcliff plead them out to "sweet-heart" deals to silence the case. He didn't want my wife or I to testify because it would have made it very easy for me to sue the Sheriff's Dept. I hope it is true that Sheriff Rod is taking things more seriously if indeed he fired Beland and others over this case. If I'm not mistaken, Beland's wife works at Sutter Lakeside. Sheriff Mitchell is better off firing those involved than taking the heat for someone else's mistakes. I think he understands, no one will respect him for a cover-up and he could be recalled, not to mention the "FBI factor". Mitchell is a "political animal". If he would concentrate on enforcing the law and stop using his position to "promote" himself, he would be much more popular and have more self-satifaction that he did his duty. The officers should get their brown noses out of his rear end stop being so "beholden" to Rod. They should set him down and tell him, they are going to enforce THE LAW, not what Rod wants, but what is right and lawful. My problem started with Mitchell in 1994 when he arrested me for allegedly exhibiting speed (burning rubber) with 70 witnesses. He wanted me to plead guilty, but he wouldn't go to trial. He would not take the witness stand to be cross-examined, so the case was dismissed. Rod would never say why he disliked me so much, but his office is linked with the DA, so what Rod wanted, the DA would do for him. Eventually the Sheriff Office and DA's Office suffered a "credibility meltdown" with case dismissals and not guilty verdicts. They are rightfully afraid to be sued. Nothing would make me happier than to humiliate them with a multi-million $ settlement. The DA and the Sheriff know I take things very seriously and I won't let them bully me without a few scrapes and bruises. Fight back!

[Jonathan Paul]

Hey,
I recently came accross your blog and have been reading along. I thought I would leave my first comment. I dont know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.

Thank you
:)
Keep blogging