Perdock now "a hostile witness"

Of any investigation I've reported, this one has had more significant twists and turns, and today brought a major development.  Former Lake County Chief Deputy Sheriff Russell Perdock has turned from being the prosecution's main witness into a hostile witness for the defense. 

Perdock testifying in Boat Crash civil case

Lake County District Attorney Jon Hopkins said in court Wednesday that Perdock would take the stand today, and presumably describe what happened April 29, 2006 when his powerboat demolished a sailboat, killing Lynn Thornton of Willows. 

Perdock was going to be the prosecution's star witness who would say the sailboat had no navigation lights, that he couldn't see the sailboat until it was too late.  But, Hopkins rested the prosecution's case today unexpectedly, without calling Perdock.  It stunned the courtroom.  Defense attorney Victor Haltom told the court he wants to call Perdock as a hostile witness. 

The question now is why -- why didn't Perdock take the stand for the prosecution?  Hopkins wouldn't give any guidance after court about the session in the judge's chambers today, presumably discussing Perdock.  And Haltom wouldn't comment tonight except to say the DA's decision not to call Perdock was "a huge surprise".

But, there are indications out of the Sheriff's Office that Perdock is feeling some pressure.  Some well-placed sources tell me Perdock has lawyered up in the face of a criminal investigation, perhaps over conflicting testimony about his whereabouts before the crash.  Perdock has said he came straight from home across the lake on the nighttime cruise, and ran into the sailboat -- he denied spending any time at Konocti Resort's outdoor bar before the crash.  But, several people are prepared to testify they saw him there.  It wouldn't help the prosecution for its star witness to be taking the fifth on the stand.  On the other hand, it could be some new issue we've never heard about.

Then, there's the e-mail below from Sheriff Rod Mitchell, announcing a new captain at the LCSO.  In a reorganization of the department, Perdock traded in his Chief Deputy title for Captain.  Then, he went out on leave and hasn't returned to work.  (We showed you the Sheriff's e-mail announcing Perdock's departure in June.)  Now, former lieutenant Cecil Brown has been promoted to captain.  Sources inside the department say the only captain's slot open is Perdock's.  He may be gone for good from the department.

We should hear more from court tomorrow, and I'll be working the phones.  And, chances are we'll see Russell Perdock on the stand as early as this coming Tuesday.

From: Rodney Mitchell Friday - July 31, 2009 5:05 PM
To: All SO users (everyone)
Subject: Promotion Announcements: One Tardy and One New

Ladies and Gentlemen,

Item first:  Please join me in congratulating Paula Tolle on her promotion to Supervising Communications Operator.  I just finished a phone call to Paula to apologize for this oversight on my part because her promotion actually took effect on 06/26/09 and I neglected to make the departmental announcement at the time. I want to add umph to this announcement - as an apology for my tardiness - by telling you all that Paula is a great employee and a good friend to me and to this department and I deeply appreciate her efforts (as well as her willingness to forgive).

Item last: Please join me in congratulating Cecil Brown on his promotion to the rank of Captain effective August 1, 2009.  Captain Brown will continue to serve as the Planning Section Chief and he will receive a number of additional assignments commensurate with his new rank as well.

As always, I expect each of you to assist these newly promoted members in the performance of their duties on behalf of the department - in all manner and action. 

And, as always, be careful.

RKM

Comments

[Carl]

Dan, great reporting and investigative work!

Twists and turns indeed! It is usually the defense attorney who decides not to have his client testify for fear that he will convict himself or ruin the case, but now it appears that it may well be the prosecutor deciding not to call (ex?) Deputy Sheriff Perdock for those very same reasons.

Curiouser and curiouser it gets.

This is one of the most unusual cases I have ever seen.

I hope that the end result proves the wisdom of our Constitutional founding fathers in establishing the right to a trial by jury as a last line of defense against injustice.

[Sasha J.]

Did the judge seem to care about the prosecutor's lie? The prosecutor told everybody in court on Wednesday that Perdock was going to testify. Then, on Thursday, he didn't produce Perdock.

Or, was it more of a situation where Perdock decided at the last minute to take the Fifth?

Can Dinius get a fair trial if Perdock takes the 5th? Isn't Dinius' whole defense that Perdock caused Lynn Thornton's death?

[Michael in SJ]

An attorney, defense or prosecution, cannot knowingly put a witness on the stand who will lie.
Maybe Perdock was unwilling to admit, in the face of substantial witness information, that he was at the Konocti Resort bar.
Or,...maybe Perdock told the prosescutor he would "take the fifth" and, like the reporting mentioned, this would be devasting to the prosecution.
I am wondering if the defense will ask for a directed verdict or dismissal this morning, since the prosecutions main story teller is "missing".

[Good Ol Boys Are Done]

Thanks Dan!
We needed help in exposing DA Hopkin's Slimeball Tacticts
and to show what a Spineless Coward Perdock is.
Gee, Now Cecil Brown has been promoted. He is out of the same "Mold" as Perdock, just add the word "Noser" to his last name, and you will get the complete understanding of why he was the one promoted! We have you on Speed Dial Dan!

[bizeema]

Why should we expect any different display from Perdock? COWARD!

[James henderson]

Sir: Thank you for your help not only for the Dinius case but exposing the dishonesty of our local bureaucrats. With out oversight from the attorney generals office we will labor under their arrogance of power. Thank you.

[Don Person]

Lets not forget that D.A. Hopkins, Sheriff Mitchell and the first local Judge contributed to this shameful injustice and Jerry Brown let it continue. Perdock murdered the victim but the savaging of Mr. Bismark is their responsibility. Now that it looks like Perdock might lose they are acting like they aren't responsible. Any one of them could have stopped this sham at any time.

[Intersting]

If the rumors are correct and Perdock just secured an attorney, then he is not going to testify unless he has to, and when he does, it is going to just be a whole bunch of "I don't recall," which if he pulls off well, has a excellent chance at moving to a position with the Federal Govt.

Everything the County could do to exhonerate themselves, they have done the complete opposite. Judge Byrne stated that this is an unusual case at pre trial. You would think that was a indicator to the county to quit being unusual.

Predictions: (OPINION)

Hopkins: Out in 2010 - becomes public defender in SF, after having a mental breakdown and being treated for seeing speeding unlit sailboats coming after him every where he goes.

Mitchell: Exhonerated and re-elected

Dinius: Aquital, book and movie deal. public speaker

Haltom: The next big name, big ticket defense attorney. Will Pro Bono the case for Dinius. Donations given to Lynn's family.

Perdock: Will take a job with another agency and leave lake county. Be a better cop for it and will get married to Tammy
Judge Byrne: Will actually retire fully

Dan: Another journalist award for staying with the story for three long years, and a job offer from Fox to replace...

[Intersting]

Internal Affairs Investigation in Sonoma County for Perdock? Good Lord what next?

[I was not there]

Hey DAN! Wake up. This thing is going to town without you. You are missing out on all of the fruits of your labor.

*** Note from Dan: Clearly, you didn't see the story I filed this afternoon. Just because I'm not physically in the courtroom doesn't mean I'm not reporting the story.
http://abclocal.go.com/kgo/story?section=news/iteam&id=6954610 ***

[Commish]

Dan you doing a good job as an investigative reporter. Been following your news reports a long time and you always seem to out do the last one you report. Keep up the good work as a public advocate for Justice, Freedom and Truth. You are certainly greatly appreciated and should at least be nominated for the next Pulizer Award.

[Ken Stevens]

If Perdock has "lawyered up," and if his lawyer has a brain, Perdock will be taking the Fifth.

This just all shows how insane it is that Perdock is not the one who is on trial.

[sue]

Hey interesting, Why should Thorntons family get anymore money they already got a pile. The victims are the people that were on the boat who include Dinius, Weber. Dottie and Dominguez. They are the ones that Perdo tried to kill. Their lives have been devastated and they need to be made whole. Besides I thought Weber was a big part of Lynn's family. They owned a house together and lived together.

[I was not there]

Thank Dan! look forward to the tweets on Tuesday.

[lynn]

Thanks Dan for keeping the public informed on this tragic accident. If it wasn't for you we wouldn't be hearing about it since the DA/Court seems to filter the information on what they allow out.
The County citizens should rid it's self of Rodney Mitchell, as soon as possible.
As for the District Attorney, John Hopkins he should be disbarred for aiding Russell Perdock in this case, by avoiding charging Perdock with vehicular manslaughter charges in causing Lynn's death.
Also Sgt. Orsini, who testified to 1 safe boating rule but when asked to name others couldn't. Yet, this officer is in charge of the Lake County Boat Patrol. Why?
Incompetence? I don't think so more like corruption.