LAKEPORT ? Tuesday morning marked the start of the Bismarck Dinius trial.
On April 29, 2006, Dinius was at the tiller of Mark Weber”s sailboat. The sailboat was struck by a personal powerboat piloted by Lake County Sheriff”s Office (LCSO) Capt. Russell Perdock, who was off-duty.
Opening arguments were presented in Lake County Superior Court before Judge J. Michael Byrne.
Byrne opened by stating that one juror was excused for a “serious emergency.” An alternate was chosen by a draw from a hat.
Byrne instructed the jury to keep an open mind and be free of bias during the trial.
Lake County District Attorney, Jon Hopkins, opened by telling the jury that evidence would show Dinius was responsible for steering a sailboat owned by Weber on the night of the collision that resulted in passenger Lynn Thornton”s death.
Hopkins used an aerial map of Konocti Bay to serve as a visual aide for the jury and for witnesses to point to where they were in relation to the scene of the crash.
Hopkins said that the sailboat”s lights were not on and that two fishermen saw the boat and almost hit it prior to the fatal crash. Those fishermen spoke as the third and fourth witnesses on Tuesday.
Hopkins said Weber had an 0.18 blood alcohol level (BAC) based on a blood draw, Dinius” BAC was 0.12. Perdock”s BAC was 0.00 and his blood test showed no alcohol or drugs to be in his system.
Hopkins described the two boat races that took place the day of the crash, a full-race (marathon, approximately 26 miles) and a half-race ? the events that brought Weber, Dinius and Thornton to Lake County. He told the jury that many participating in the regatta gathered for a party at Richmond Park Bar and Grille where “everybody was having a lot of fun … eating, drinking and partying.”
Hopkins said there was a “wide-range of estimates of the speed of Perdock”s 24-foot powerboat that night.
Attorney for the defense, Victor Haltom, turned to his client, Dinius, before making his opening statement and said “I”m having a Perry Mason moment.”
Haltom then opened by stating that it (April 29, 2006) was “a great day for sailing and golfing.” He also said that Mr. Weber “will tell you that it was his boat and he was running the show,” and “that anybody who has a drink could stumble in to a bedroom and turn on the lights.”
Haltom maintained the running lights of Weber”s craft, the Beats Workin” II, were on that night.
The crash took place shortly after 9 p.m. Witnesses said that paramedics were immediately on scene.
Both Hopkins and Haltom told the jury that testimony regarding the running lights would be addressed in the trial by experts and witnesses. Haltom said, “The powerboat is going so fast it literally devours the sailboat,” in his description of the fatal crash.
Haltom told the jury they had to decide who is responsible for the crash.
Jim Ziebell was the first witness in the trial. He helped skipper Weber”s boat during the Konocti Cup that day. He testified that he saw the sailboat”s stern light when it left from Richmond Park. He acquainted the jury with sailing terminology and with his recollection of the events of that day and night.
Douglas Jones was the second of four witnesses Tuesday. He identified himself as the past commodore of the sailing club. Jones said he did see a stern light, as well as cabin lights, but no bow light.
Jones said that Weber was “drinking and loud” when he saw him at Richmond Park.
He said he saw the Beats Workin” II and said to himself, “Turn the lights on.”
The third witness called to the stand, Anthony Esposti, was pre-fishing for a catfish tournament with Colin Johnson, of Santa Rosa who was the last witness on Tuesday afternoon.
Esposti and Johnson both described thinking that upon hearing the crash, the speedboat had “hit an island.”
Esposti said he and Johnson were “drift fishing” and did not see the sailboat nor did they see lights until they were right in front of it.
Both Esposti and Johnson described it as a silhouette or shadow.
Esposti said of Perdock”s powerboat, “We watched it on its course until it collided with something, that was about 15 to 20 seconds … It looked like it hit a black wall.”
Johnson testified that he estimated Perdock”s speed somewhere between 40 and 50 miles per hour prior to the impact with the sailboat.
The trial resumes at 9 a.m. today in the Lake County Superior Court located at 255 North Forbes St. in Lakeport.
