Attorney Larry Masson, with assistance from Bismarck Dinius’ criminal defense attorney and the Innocence Project, filed this claim with the Lake County Board of Supervisors yesterday for wrongful prosecution. A jury acquitted Dinius last August of manslaughter in the death of Lynn Thornton. She died after a powerboat driven by the number two official in the Lake County Sheriff’s Office, Russell Perdock, slammed into the sailboat.
Dinius’ claim says the District Attorney and Sheriff conspired to hide evidence that would have cleared him, to protect Perdock from prosecution. The county has 45 days to answer the claim for damages – they’ll probably deny it. Then, Dinius and his team will be free to file a federal civil rights lawsuit.
ABC 7 Legal Analyst Dean Johnson says, if proven, the accusations could be costly for the county and for some individuals. As you’ll read in the claim, Dinius is going after not only Perdock; Jon Hopkins, the D.A.; and Rodney Mitchell, the Sheriff; but eight other officers with the Sheriff’s Department. We’ll keep track of what happens and get back to you.
it's not quick enough Bismarck for all you and your family have gone through. Just sorry that we didn't get #2 for taking Lynn's life.
Thanks Dan.
Posted by: llynn | January 12, 2010 at 11:04 PM
The sheriff was totally at fault, as anyone who has boated knows. 40MPH in the dark, that is blatenly reckless. Then, to band together as "the law", and blame the victim to cover up the sheriff's fault, now they are ALL guilty. I hope he wins BIG. They should all loose their jobs right now.
Posted by: Reid | January 12, 2010 at 11:43 PM
Hopkins and Mitchell are running for re-election in Lake County. Some nerve that pair has.
Posted by: toolatesmart | January 12, 2010 at 11:48 PM
You'd think the attorney would at least proof read the "claim." Looks to me like Dinius will be taking on even more debt after the dust clears from this one. Shoulda quit while he was ahead.
Hey Dan, how's that non-existant DOJ investigation panning out for the 3 stooges in your other report?
Posted by: Watcher | January 13, 2010 at 12:31 AM
Hi Dan, my name is Kenyatta Carter and Victim's Of The System I started after this was done to me but on misdemenor I did not commit and in juvenile court in same court building. Alameda County District Attorney's Office for using a illegal tape recording that I had no knowlede of being tape by officer and assulted chained up not feed and falsified police report and testimony. 1-9 Judges in Hayward Superior Court Amador and 1-10 court appoined attorney's and 1-6 D.A.'s and 1-10 county workers and 1-20 Hayward P.D. Discrimanation, Assult,Fraud,Harrassment,1-5 False Arrest Unethnical Practices all the way. I have 200 or more pieces of evidence and I also filed a Federal concerning this case no. was C08-05349 on 11/25/2008. Retaliated on for internal affairs complaints and substained response on one issue and no response on numerous complaints. There is no attorney willing to take judges attorney's and D.A.'s or it's a conflict of interest, or they want 10,000 to 20,000 to file motion. You can't e-mail evidence or complaints for certain people and its hard when you have so much paperwork, you have to submit your evidence when you file federal and expensive. Our citizens need your help and put and end to this, I think an attorney should do a class action!!! I have evidence for sure and theirs thousands going through this in my community and State Wide this needs to stop. I want to start a petition and get this on ballot we need this to end, if you can't get justice in the justice house. Their are nowhere else to go and this is insane, these court officials took an oath t protect serve and to follow state law, thier fingers must have been crossed when they took that oath. Who will uphold what is so broken badly. 8/12/2009 retaliated on non-stop, can't even get a break to heal from the distess.
Posted by: Kenyatta Carter | January 13, 2010 at 01:30 AM
Hey Watcher
Plaintive lawsuits are usually taken on a contingency bases, meaning if the plaintive does not win the case then the lawyer does not get paid. Which generally means that a lawyer is not going to waste his/her time on a case they do not think they can win, because they will not get paid if they lose.
However, the defendants in this case will have to pay their lawyers either way.
Posted by: Puget Sound Ballast | January 13, 2010 at 01:35 AM
This is what I am being told and they haven't even looked at my evidence, so if you haven't seen anything how can you say they wasting there time. This is said soon as you say Judge, police and D.A be real not fake and some have conflict of interest, family members or friends etc.
Posted by: Kenyatta Carter | January 13, 2010 at 01:52 AM
It's nice to see steps being taken to bring some measure of justice to those at fault in this fiasco.
Perdock and his enablers, Hopkins and Mitchell, are at long last going to be forced to take their seats in the defendants' chairs. Here's hoping they have to twist in the wind for a couple years before losing their jobs and going through bankruptcy.
Posted by: Sasha J. | January 13, 2010 at 04:04 PM
Why don't they reinstate the Lake County deputy, Sergeant Beland who was fired over this case for trying to do the right thing ? The Sherrifs Department needs to be cleaned up !
http://www.culcom.net/~lake/policecodeofethics.html
Posted by: Lisa Smith | January 13, 2010 at 04:54 PM
Puget Sound, correct me if I'm wrong, but Dinius could be on the hook for the defendents attorney fees if it's found to be a frivelous suit.
And a lawyer hungry enough might risk it, or hope for an early settlement.
Posted by: Watcher | January 15, 2010 at 01:21 AM
There are things bigger than just sueing, Dinius should not have been put in this situation to care if a laywer wants to risk a dollar. These lawyers only concern is having judge friends and D.A. friends etc. This has been going on for 20 years and still going on this will never stop until they make court trials be taped with no access to tapes by judges or anyone but the president are someone put in place by president to over see these things. Then with the police they should be made to be taped without control of stoping tapes or videos when they first get to the scene. There also should be someone put in place to watch them. Then while you are in jail there should be tape recording around the clock everywhere in the jail except the shower and toilet area while in use. This is a disgrace, the thing to me is not money, after all you been through I would just take the truth and an apolige and correctness in my case. If I went to jail like this man because of the police he deserve compensation, he should'nt have to fight for it. It should have been handed to him, why he out must been wronged. (Common Since) All these people are worried about is money millions lifes are being destroyed by police, judges and court appointed pretenders or public pretenders. Children are being molested and beaten by the people the court chose to do illegal business with at all means to protect coruption from police. I know first hand trying to copy 1000's of papers to send to Judicial Council.
Posted by: Kenyatta Carter | January 15, 2010 at 05:00 AM
Let's not forget Alameda County Sheriff's Department Dirty . The San Lorenzo Sheriff's Department deputy Mc Kaig beat my younger brother place him under false arrest saying my brother assaulted him. The same night I try and go and get my our vehicle out and the said their are no keys and then a man state to me Oh I am the father on deputy Mc Kaig and I am in charge here and I can do what ever I want and you can't do anything. I was in pure shock that it is two of them and his daddy is a Sgt. at the same station, once I seen this I was like okay something not write. I visited my brother got all the infornmation and filed and complaint for him and asked internal affairs to get him one in custody. After the complaint then my brother was released in 3 days with all charges dropped. They would have put 3 false charges on my brother if was'nt for me . Then on 8/12/2009 I am arrested for a false arrest by Sgt. Mc Kaig and they falsify all police report and get me charge on one count and I beat one. Refuse to let me represent myself before trial and I have the right to by law. Using a tape recording against me without notifying me I was being taped. Lord help everyone in our situation. Just know you not near alone it's just under the table. I will not stop for change forever until my daughter is safe because of police misconduct and judges and court- appointed attorney's I have been fighting for 3 years and continuing. I surpised I have had a heart attack yet!!!!!
Posted by: Kenyatta Carter | January 15, 2010 at 05:23 AM
Watcher
The state bar should be looking at Jon soon.
Posted by: lynn | January 15, 2010 at 08:49 AM
When can we expect to see the proper person charged for this death? A badge is not an excuse nor a licence to kill.
Posted by: Just a sailor | January 15, 2010 at 06:19 PM
Perdock, Mitchell and DA Hopkins covered for the child porn in the LCSO and then tried to cover for it by killing the person who reported it. The death of Lynn Thornton is just one example of the Mitchell's mob mentality. It's time they are brought to justice. Now there is evidence that the child porn was in the LCSO from the beginning and Wiley, the juvenile defense attorney got caught twice with it in the courthouse where Dinius was tried.
Garzoli, one of Mitchell's "men" crashed a helicopter and was admonished and stayed in the office and apparently grew tired of watching child porn on the LCSO computers when he complained in a correspondence to another coworker. ABC7 should check and verify this information that just came in to view.
Posted by: A; Quinn Welton | January 16, 2010 at 11:42 AM
These criminals of Justice should be spending the rest of their lives in the state pen. Or -- come to think of it, why burden the tax payers? Drown them like rats in the lake. Their floating bloated carcasses can serve as 'speed bumps' near Konocti harbor.
Posted by: Moloch the Owl | January 18, 2010 at 05:46 PM
mitchell and hopkins must GO!!!
Posted by: smow | March 11, 2010 at 12:12 AM
Well now I've seen everything, Lake County News is advertising for Rodney Mitchell. Can you believe that? Next they'll be endorsing Jon Hopkins.
Word around the town is that they are refusing space to the challenger. There politics stink.
Posted by: lynn | April 01, 2010 at 08:18 AM
Step back and brighter!
Posted by: Jordan Flipsyde | July 08, 2010 at 03:51 AM
Everyone has his own way of life, the firm faith, believe they can live very fascinating!
Posted by: Jordan retro 4 | July 08, 2010 at 04:28 AM
This is a great idea, I think this article is very insightful. Thanks a lot for the moderator to share
Our store offers you all kinds of favourite products like Prada Handbags and Prada Handbags 2010 , Mens Prada Sunglasses with high quality, fashion style and competitive price.
Posted by: Mens Prada Sunglasses | July 22, 2010 at 08:57 PM
Your blog is beautiful! Screen is very vivid! You must be very careful in the get it! I also want such a blog! Can you help?
Posted by: Puma Shoes | August 09, 2010 at 10:17 PM
Actually, these defendants will probably not have to pay. They are being covered by Lake County's liability insurance.
The complaint was filed in U.S. district court yesterday.
http://lakecountymanifest.com/content/lcso-wars-dinius-strikes-back
Posted by: Lake County Manifest | August 12, 2010 at 02:25 PM