The prosecutor in the Bismarck Dinius case revealed this week there is new evidence about Lake County Sheriff”s Office Capt. Russell Perdock”s actions on the night of a boat crash three years ago.
Dinius was at the tiller of a friend”s sailboat the night of April 29, 2006, when it was struck from behind by a personal powerboat piloted by Perdock, who was off-duty at the time. Dinius is charged with vehicular manslaughter involving a vessel, for the death of Willows resident Lynn Thornton, who was a passenger on the sailboat. He also faces a charge of boating under the influence of alcohol.
Lake County Deputy District Attorney John Langan asked the court to continue the May 19 trial to allow more time to investigate the new evidence. Langan filed the written version of the motion this week.
In the document Langan states he obtained information on or about April 27 that witnesses came forward with information “regarding the activities of Mr. Perdock in the hours prior to the collision that appears to be in conflict with the information previously provided to the DA”s office by other witnesses in this regard.”
In a Friday interview, Langan refused comment on what the new evidence was.
“There is a report on file with the court which was prepared by the District Attorney”s Office regarding a statement from Dennis Olson, and the upshot of it is that Perdock was at Konocti (Harbor Resort & Spa) prior to the accident,” Dinius” defense attorney, Victor Haltom, said.
Olson was allegedly an employee at the resort at the time of the incident. Olson is currently in custody at Lake County Jail.
In a statement to News Editor Mandy Feder, Perdock said that he stands behind his initial statements, and was not a patron at Konocti Harbor Resort & Spa on the day of the fatal collision.
Perdock”s statement was reinforced by Craig Scovel, 43, of Clearlake, who said, “A friend and I went to get something to eat at Konocti Harbor that night. We hung out for awhile, but we never saw Russ.”
On behalf of the Lake County Sheriff”s Office, the Lake County Counsel office this week filed its opposition to Langan”s attempt to examine personnel records for former Sgt. James Beland.
“We are going to need some time to delve into this further. A lot of how we proceed depends on how the judge reacts to the motion to continue the trial,” Langan said.
Beland testified during Dinius” May 2008 preliminary hearing that he wanted to give Perdock a Breathalyzer test but did not. Langan told the court Beland had said privately he was ordered not to give Perdock the test. Langan said on further questioning, Beland said the directive was more a matter of informal conversation than an order.
Langan wrote in his motion to continue the trial that another former LCSO sergeant at the scene of the crash indicated Beland may have been “ordered” not to give Perdock a Breathalyzer test.
Langan further wrote that he was informed Beland”s employment with the LCSO ended after an internal affairs investigation. Langan wrote that the investigation began after Dinius” preliminary hearing and focused on Beland”s testimony and statements to Langan.
Contact Tiffany Revelle at trevelle@record-bee.com, or call her directly at 263-5636, ext. 37.
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