LAKEPORT ? Lights on, lights off. Crew, operator. Corruption, no corruption.
Jurors heard those and other arguments during closing statements Tuesday in the trial against Bismarck Dinius for felony boating under the influence and two misdemeanor boating under the influence charges.
Dinius was at the tiller of Mark Weber”s sailboat on April 29, 2006 when Capt. Russell Perdock of the Lake County Sheriff”s Office crashed into the vessel with his speedboat. Perdock was off duty at the time of the collision. Sailboat passenger Lynn Thornton died as a result of the crash.
Defense attorney Victor Haltom argued the sailboat lights were on, Dinius was a member of the crew and wasn”t responsible for the boat or its lights, and the LCSO and the Lake County District Attorney”s office is corrupt.
District Attorney Jon Hopkins told the jury the sailboat”s lights were off, Dinius was the operator with the responsibility to make sure the sailboat”s running lights were on, and his office and the sheriff”s department is not corrupt for charging a man who was drunk with boating under the influence.
The bailiff told one man to leave the courtroom because the man was responding to closing arguments with, “Yeah,” and nodding his head. Most of the crowd stayed quiet as instructed although people, including Weber, whispered opinions the bailiff and jurors didn”t seem to hear.
Haltom used a PowerPoint presentation to go along with his closing argument. One slide called Perdock a “proven liar” in large font. Haltom argued Perdock has no credibility in the case and should have been charged instead of Dinius.
“Ultimately because of the bias, the wrong person is on trial,” Haltom said. “Bismarck Dinius is not the man who should be on trial.”
Perdock was involved in the investigation through an interview, an e-mail and having access to evidence, Haltom said.
Hopkins argued Dinius was at the helm of the sailboat and the stern light was his responsibility.
“And he doesn”t check to make sure when they”re out there on a pitch black night, no moon, to make sure the lights are protecting the people on this vessel,” Hopkins said.
The district attorney asked the jury if he should have prosecuted Perdock, who had no alcohol in his blood, for boating under the influence.
Before closing statements the judge denied a motion to reveal Perdock”s LCSO personnel records.
Three rebuttal witnesses also took the stand.
April Aalto, a registered nurse and crew chief of a REACH helicopter, testified she landed at Konocti Harbor Resort & Spa the night of the collision but didn”t pick up a patient. When the helicopter came into land she noticed a flare that was marking off the landing zone rolling down the hill, she said.
“I was concerned it was going to start a fire,” Aalto said.
Dennis Olson, the assistant director of security at Konocti Harbor Resort & Spa, testified Aug. 12 he assisted the helicopter that picked up a patient and set out flares.
Olson”s supervisor, Joseph Gliebe, testified Aug. 12 he assisted the helicopter that didn”t pick up a patient and he didn”t remember problems with the flares.
Tom Clements, who worked for the District Attorney”s office, testified he interviewed Brian Stole, who said he witnessed lights coming together the night of the collision on the lake. Stole had some inconsistencies about lighting and distance in his statements, Clements said.
Jean Strak testified again that a sheriff interviewed her about the crash a few days afterward at her tanning salon.
Deputy David Garzoli of LCSO testified Friday there is no record of a sheriff deputy interviewing her about the collision.
The jury will get instructions 9 a.m. today then deliberate in the Lake County Superior Court at 255 N. Forbes St. in Lakeport.
Contact Katy Sweeny at ksweeny@record-bee.com or call her directly at 263-5636, ext. 37.
