By Don Scott
Regarding the District Attorney”s full-page editorial explaining why he is dropping the negligent homicide charges against Bismark Dinius, something of extreme importance has been overlooked. That is the question of the failure of the district attorney to take legal notice of maritime law regarding the wrongful death of Lynn Thornton, who was killed by the collision of Russell Perdock”s boat with the sailboat piloted by Dinius. It seems extremely brash on the part of District Attorney Hopkins that he would deliberately refuse to take legal notice of the law, which actually applies to the case, and is also an act of attorney malpractice. The motive seems to be to protect Deputy Sheriff Perdock from negligent homicide charges.
It seems especially pertinent that the damages for the wrongful death could actually end up being paid by the county”s insurance policy, if Deputy Sheriff Perdock were to be held accountable. Every attorney must, by law, take legal notice of all laws that are applicable and failure to do so is definitely attorney malpractice. Hopkins seems oblivious to the actual law that applies in this case, maritime law. His failure to acknowledge the law that actually applies in this case is not only attorney malpractice, but also makes him an accessory to the crime, by his insistence to continue to act as if a vehicular accident on the lake is the same as one on land between cars on a roadway.
Since District Attorney Hopkins” failure to take notice of the law that actually applies to the case is attorney malpractice, and a crime in itself, an investigation by the California Attorney General should definitely take place to determine exactly why Hopkins has refused to take legal notice of the law that actually applies to this case.
Hopkins” dropping of the manslaughter charge and his full-page editorial to do so, are questionable, especially since the correct legal procedure would be to charge Deputy Sheriff Perdock with the crime of negligent homicide. He stated that the charges were not sustainable, which is correct when the charges were against Dinius, but totally incorrect when applied to Deputy Sheriff Perdock.
Odd that a district attorney would drop charges against someone he says is guilty, when those same charges would definitely get a conviction when applied to a deputy sheriff. It has the appearance of cronyism, and a definite miscarriage of justice.
It is time for the district attorney to answer and take legal notice of the law that actually applies to this case, or face disbarment proceedings, and criminal charges himself. Perhaps a new district attorney would charge Hopkins as an accessory to negligent homicide, along with Deputy Sheriff Perdock.
I don”t know either one of these men, and my comments would be the same no matter who was involved. It is the law itself that is in jeopardy, and without the law, any one of us could be railroaded into the penitentiary.
Don Scott
Clearlake Oaks
