LAKE COUNTY ? A May 19 trial date is tentatively set for Carmichael resident Bismarck Dinius, who appeared in court Friday for the hearing of motions relating to vehicular manslaughter charges he is facing.
Dinius piloted a friend”s sailboat the night of April 29, 2006, when he was involved in accident with a personal powerboat piloted by off-duty Lake County Sheriff”s Office Capt. Russell Perdock. Dinius is charged with vehicular manslaughter involving a vessel, for the death of Willows resident Lynn Thornton, who was a passenger on the sailboat.
Dinius also faces a charge of boating under the influence of alcohol.
Retired Los Angeles Superior Court Judge J. Michael Byrne denied defense attorney Victor Haltom”s motion to compel the Lake County District Attorney”s Office to disclose evidence relating the reason former Lake County Sheriff”s Office (LCSO) Sgt. James Beland is no longer employed at the office.
Byrne said he denied the motion without prejudice to “any ongoing responsibility of the prosecution to present any evidence that falls around the reason of the dismissal of the deputy sheriff (Beland), as it relates to issues that may go to the issue of the credibility of the witnesses surrounding the taking of the blood test of the undersheriff who was operating the boat.”
At the recommendation of Lake County Deputy District Attorney John Langan, Byrne said it would be appropriate for Haltom to file a Pitchess motion. According to information found at www.calstate.edu, a Pitchess motion is a request made by a defendant in a criminal action for access to information in the personnel file of an arresting police officer.
Langan told the court he didn”t have any evidence to disclose regarding Beland”s departure that would affect whether Dinius could be found guilty of the charges against him.
A protective order that would limit disclosures about the case to the media will be considered during a May 8 court date. Langan filed the request with the Lake County Superior Court Friday. Haltom received a copy of the order the same day and had not yet read it.
“It would apply to both attorneys in the case, and to any other witnesses or anyone else involved in the case,” Langan said, refusing further comment about the order. He said the order is available for public review in the Lake County Superior Court clerk”s office.
Langan said he doesn”t yet have the result of a swab taken last week from Perdock to compare his DNA to that in a blood sample taken the night of the accident.
Langan also told the court his office hired Raymond Gieszl to examine the sailboat”s running lights to determine whether they were on at the time of the crash. Langan said he is waiting for Gieszl”s report.
Contact Tiffany Revelle at trevelle@record-bee.com, or call her directly at 263-5636, ext. 37.
