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During the annual Blue Wing Blues Festival earlier this month, the Mighty Mike Schermer Band put on a great performance filled with a number of songs, then returned to the stage after a brief intermission for a second set. After a short instrumental jam, Lara Price returned to the stage with a rollicking version of the Randy Newman penned, “You Can Leave Your Hat On.”
Stretching out a little bit, Price then strapped on her guitar and gave the folks a tad of her musicianship. She modestly only considers herself a pianist but if you check out her recorded repertoire you will see that she plays drums as well.
Mighty Mike slipped in a little slide guitar work on the next number which was “Make Me An Angel.” Those folks who attended the sets of Barry Brenner and the Bottle Rock Blues & Rhythm Band were thus treated to three different slide guitar stylists over the course of the festival. The third was Mike Wilhelm.
The Mighty Mike Schermer Band closed out their performance with “Got You On My Mind” and “Wondering Why You Had To Go.”
Seemingly sadly, Schermer announced that he is relocating to Austin, Texas, to join the Marcia Ball Band. It seems sad for us here on the West Coast, but rest assured we have not seen the last of Mighty Mike Schermer.
It’s actually a shrewd career move on his part. Plugging into the vibrant music scene in Austin is what a lot of players only dream of. Many musicians migrate there in search of fortune and fame. Being in Ms. Ball’s band with her connections to the Crescent City scene as well, can only enhance Mighty Mike’s already stellar career. Meanwhile, keep your eyes on Lara Price!
Thursday’s musical paring was opener “Big B” Brenner followed by Chris Cain. This year the crowds at the Blue Wing Blues Festival seemed to increase in size each night that the festival continued. When I arrived Thursday night, “Big B” Brenner was hard at work pickin’ out an instrumental called Trippin’ Along from his first CD, Blues, Rags and Stomps.
Keeping steady time with his foot throughout his sets, Brenner consistently grooved in the styles of the old masters. This night he covered Muddy Waters, Blind Blake and Robert Johnson territory as well as his own. His set list varied each night and the crowd response was always strong.
Chris Cain and his band had just arrived back from a tour in Italy and came straight to Upper Lake for the Blue Wing Festival. I had never seen Chris Cain live but was aware of the accolades showered upon his showmanship and the authenticity of his records. All my musician friends who are into blues guitar marvel at his ability and technique testifying to the fact that he is the real deal.
When Cain band keyboard man Tony Stead came out and started setting up, I could see by his poker faced intensity and attention to detail that the band would be up to something. He was connected pedals and gizmos like a surgeon preparing for the operating room.
From the moment the Chris Cain band hit, it was obvious that they are a gifted unit capable of dazzling forays into the soundscape of the blues. Chris Cain’s stage persona, I noticed is not wholly unlike that of a Jimi Hendrix in terms of his use of wry wit, the use of the artistic devices of double entendre and allegory in his between song commentary.
Their set list included “Tennessee Woman,” a song penned by Fenton Robinson as well as the blues crossover hit made famous by Robert (Little Jr.) Parker, “Barefootin’.” When Cain introduced a song that he called a “sad love long,” it turned out to be titled, I believe, “Dirty, Dirty Cat,” a very, if you will, low down blues. Waaay back in the alley! They rocked it out. The festival goers with the dancin’ feet stood and testified accordingly. When the song ended, Cain remarked, “That was a tender little ballad. Wrote it at my house with a crayon!”
Rhythmically, the Chris Cain Band is anchored on bass by Dwayne Pate. The drummer is Taylor Eng. “Young” Taylor Eng as Chris Cain kept calling him. When I spoke with Eng after the show about his nickname, he admitted he is actually the oldest cat in the band!
The highlight of the band’s time on stage was the articulate, authentic solos by Chris Cain and Tony Stead. One could hear the Albert King influence in Cain’s note placement. His physical presence is very expressive. His energy, talent and heartfelt vocals are amazing.
Chris Cains master chops, interspersed with Tony Stead’s dazzling keyboard was an amazing show. At times Stead’s piano voiceings suggested Herbie Hancock. Cain and Stead steadily bridged the space between jazz and blues.
The Chris Cain band played steadily with authority for about an hour. Suddenly after all that high energy the set came to what might have been perceived as an abrupt end. Most of the band filed off stage. Chris Cain though lingered and shifted over to the keyboard throne. The crowd was cryin’ for an encore. Cain gave us a plaintive blues piano w/vocal tune entitled “What’s Gon’ Become Of Me.” It was a very effective end to what had to be a hard journey, straight from a week’s dates in Italy to the Tallman Hotel’s veranda stage.
On Friday following another fascinating set by Barry Brenner, Levi Lloyd and his fellows (The 501 Band), started their set in stages, gradually tuning, mic and monitor checking and if you listened hard enough, you heard the chord changes to “Willow Weep For Me.”
Levi made a casual announcement, “We’re just doing a little tuning while we get the sound system tight.” The band then launched into a bluesy version of “Cantalope Island” followed by an extended cover of Jimmy Reed's “You Got Me Runnin’.”
Just before blues diva Bettie Mae Fikes was introduced, 501 drummer Steve Guerrero remarked to Levi so that the crowd could hear, “Everything is based in the blues, right Levi?”
Then as if to get a witness to that truth, Levi introduced Ms. Fikes who regally graced the stage and greeted the audience.
“So glad to be back on the hill, though I haven’t quite claimed Upper Lake. I came to have a good time. What about you?”
The crowd responded with an affirmative “yeaah” as Ms. Fikes wrapped her voice around “Hey, Hey, The Blues Is All Right.” Playing to the crowd with a little help from a couple seated at a front row table, Bettie and the couple did a little mystery theater blues as Bettie sang, “Hey Lady, Your Husband Is Cheatin’ On Us.” The crowd loved it. Third in a row was “Down Home Blues.”
After the third song Bettie interspersed a little monologue into her performance.
“I told Levi I want to go to church tonight. I’ve been strugglin’ and strainin’, on my way home, singin’ gospel, human rights and the blues. Travelin’ all over the world for freedom. Just don’t seem to pay enough.”
“‘Cept here,” chimed in Bernie Butcher from the back.
Next, Bettie Mae then wrenched all the wax out of “How Blue Can You Get.” She inquired, “Now do you see why I don’t have a husband? Traveling about, running through airports, I’m astonished at how people are caught up in themselves. Forty to 50 years in civil rights. I can’t have no husband. Just give me a band that sounds like this.”
Levi Lloyd and the 501s set a torrid, blues party pace all the way through the end of the first set and firmly promised to cook some more after a short intermission.
When the band returned to the stage Levi & the fellows opened with “Big Boss Man” as a tribute to Bernie Butcher. Levi sings that number for Bernie every time he appears at the Blue Wing and it’s always a crowd pleaser.
Next up was sound man D. Wils who did an excellent joy manning the board for all the acts that appeared over the course of the festival. Many people don’t know that he is a performer as well. He got the party people up and moving by first motivating the women in the house by declaring, “ladies in control.” He than covered The Isley Brothers’ “It’s Your Thing” and James Brown’s “I Feel Good.” D had the dance floor packed throughout both numbers.
Bettie Mae Fikes came out again for a medley that included “Everyday I Have The Blues,” “I Been Mistreated” and “Going Down Slow.” The Lake County all-around-the-world blues diva killed them again. After the standing ovation, there was much autograph signing, picture taking and CD selling. Not bad for a Friday night in Upper Lake.
The Bottle Rock Blues & Rhythm Band followed Barry Brenner to the stage on Saturday night. The BRBRB though local, is fronted by the legendary Mike Wilhelm who is a peer of the late, great Jerry Garcia. He was playing his 1966 Gretsch guitar through a 1965 Fender Twin Reverb amp that he actually bought from Garcia. As has been reported before Wilhelm was Garcia’s favorite guitarist.
Neon Napalm is the other lead vocalist in the group. After Wilhelm stunned the crowd with his “New Old Pawnshop Blues,” Neon tore up “I’m Tore Down, I’m Gonna Move Up To The Country And Paint My Mailbox Blue.”
Wilhelm then showed off his bandleader/arranger skill with a totally unique version of “Louie Louie.” It was a combination of the original arrangement by Richard Berry & The Pharoahs as well as a hook or two from the Paul Revere & The Raiders version. Throw in the Wilhelm twist and the BRBRB has a great song.
The band also played “The Thrill Is Gone.” “A song I made famous by B.B. King,” quipped Wilhelm, kidding on the square. Wilhelm and Napalm did a fabulous duet of “House Of Blue Lights.” Other songs they performed were “Sweet Home Chicago,” “Stormy Monday” (which Neon wailed on) and Aretha’s, “Chain, Chain, Chain.” Great set!
Twice As Good closed the Blue Wing Blues Festival Saturday night and from the first note, it was instant dance floor fill. Perennial Blue Wing Favorite, young Paul Steward is out to capture the audience every time. He anchored a spirited set that included “T Bone Shuffle,” “Goin’ To Clarksdale,” “Bad Case Of Love,” “Don’t Treat Me Right” and “Don’t Make A Move Too Soon.”
It is interesting to watch the progress of Twice As Good as Paul Steward becomes a better and better frontman for the group. The Saturday night set was heightened and augmented by the special guest appearance of the Legendary Curtis Lawson who has been singing the Blues in the San Francisco Bay Area since 1958.
Lawson has a resume longer than most living Bluesmen. Mr. Lawson brought along one of his guitarists Bert Cardone, who is a resident of Lake County. In an exclusive to the CyberSoulMan, Curtis Lawson revealed how impressed he was with Twice As Good. Though the only had one rehearsal, they were one take rehearsals in that when an idea was presented the band was able to play it back right away.
In an abbreviated set Curtis performed “Flip, Flop & Fly,” “Shake, Rattle & Roll” and his self penned, “My Woman, My Girl, My Wife” which brought down the house. The song is autobiographical in nature and when Curtis introduced his wife to the audience he had an instant legion of new fans. Word is that Lake County will be seeing and hearing more of Mr. Lawson.
After Curtis Lawson left the stage Twice As Good performed several more songs including “Wang Dang Doodle,' “Going To Mississippi,” “Sleepwalk” and closed with James Brown’s “Give It Up Turn It Loose.”
Twice As Good is sporting a funkier, even more danceable soon with the addition of Jahan Pride on bass and Julius Johns on drums. They continue to attract a lot of attention and are in it to win it. Can a record deal with new collaborations be far off?
Can’t forget the food. Executive Chef Mark Linback whipped up a firestorm of succulent cuisine that left even the pickiest gourmet satisfied. Man, they served lamb kabobs, prawn kabobs, blackened rock cod, barbecued chicken breast, fall off the bone barbecued ribs, portobello mushroom sandwiches, grilled quarter-pound hot dogs, beef brisket, garden burgers, grilled swordfish, fig wrapped cod and my memory, not to mention my notes, are starting to fail me here. In short, the Blue Wing staff was not jiving.
However, they couldn’t have done it without the generous sponsorship of the following primarily local businesses: Brassfield Estate Vineyard, High Valley Vineyards, Moore Family Wines, Shannon Ridge Vineyards & Winery, Six Sigma Ranch & Vineyards, KNTI 99.5 FM, KXBX 98.3, Allora DaCar Productions, Blues Express Records, Jonas Heating & Cooling, Lake Event Design, MAX Design Studio, ReMax Realty, Strong Financial Network, UCC Rentals, Vintage Antiques and Windrem Law Firm.
Sound, Lighting and extra funk by D. Wills. See you all back next year!
Keep prayin’, keep thinkin’ those kind thoughts.
*****
Upcoming cool events:
Patrick Fitzgerald and Shell Mascari, Blue Wing Saloon & Cafe Sunday Brunch, Aug. 16. Brunch from 10 a.m. to 3 p.m.; music from 11:30 a.m. to 2 p.m. Blue Wing Saloon & Café, 9520 Main St., Upper Lake. Telephone 707-275-2233, www.bluewingsaloon.com .
Hansen & Raitt, Blue Wing Saloon & Cafe Blues Monday, Aug. 17. Music from 6:30 p.m. to 9 p.m. Blue Wing Saloon & Café, 9520 Main St., Upper Lake. Telephone 707-275-2233, www.bluewingsaloon.com .
Open mike night, Thursday, Aug. 20. Music from 6 p.m. to 8:30 p.m. Blue Wing Saloon & Café, 9520 Main St., Upper Lake. Telephone 707-275-2233, www.bluewingsaloon.com .
Caravanserai, 6:30 p.m. Friday, Aug. 14. Summer concert series, Library Park, 200 Park St., Lakeport.
Open mike night, 7 p.m. to 10 p.m., Friday, Aug. 28, D’s Coffee & Tea Shop, 21187 Calistoga St., Middletown. Telephone 707-987-3647.
However, Judge J. Michael Byrne ruled Friday that one witness District Attorney Jon Hopkins wanted to bring to the stand with a new evidence report wouldn't be allowed, saying the information should have been prepared and presented earlier in the more than three year old case.
Hopkins is seeking to convict 41-year-old Bismarck Dinius of felony boating under the influence with great bodily injury in connection with the death of 51-year-old Lynn Thornton of Willows.
On the night of April 29, 2006, Dinius was at the tiller of the Beats Workin' II, a sailboat that was hit by a powerboat driven by an off-duty sheriff's chief deputy, Russell Perdock, who wasn't charged in the case, but who the defense argues was driving too fast for conditions.
Although Thornton's boyfriend, Mark Weber, owned the sailboat Dinius was steering, Hopkins is arguing that it was Dinius who ultimately was responsible for the crash because he is alleged to have had a blood alcohol of 0.12 and was under way without lights.
Defense attorney Victor Haltom also signaled Friday that he will once again file a motion for acquittal based on his assertion that Dinius did not have a duty to turn on the boat's navigation lights.
On Thursday Haltom rested his case, which set the stage for Hopkins to present his rebuttal witnesses.
Before the jury was brought in for the morning sessions, Haltom argued against allowing three witnesses Hopkins planned to call – Denise Rockenstein, a reporter for the Clear lake Observer American and Lake County Record-Bee, District Attorney's Office Investigator Craig Woodworth and sheriff's Deputy John Gregore.
Regarding Rockenstein, Haltom said she was being presented to impeach John Jansen, who testified earlier in the week to having seen Perdock at Konocti Harbor Resort & Spa's outside bar before racing him across the lake in the hours before the crash.
He wanted a special hearing on admitting her testimony, which he said consisted of saying she was at a restaurant and bar in Clearlake where Jansen's friends, Luke Glanzer and another subject identified only as “Big Worm,” were talking about “racing all day” with Perdock on the lake. Jansen reportedly said nothing during the conversation.
Haltom said the testimony would be inconsistent since Perdock was said to have been on a Scout hike with his son earlier in the day.
Hopkins replied, “This is offered to show not the truth of the statements of these two men but the fact that they are making those statements and he is sitting there not saying anything, not joining in, not correcting them.” He said it showed Jansen's state of mind and showed the lack of credibility in his statements.
“It has some relevance,” said Byrne. “The jury can weigh it.”
When Haltom tried to argue, Byrne said, “It's not his statement, it's his conduct,” that was at issue.
Haltom questioned if Jansen even heard what the two were saying. That was a foundational issue, said Byrne. Haltom said he didn't believe the foundation existed, and said Jansen denied having that conversation. In that case, Hopkins said, it comes in as an inconsistency that further impeaches him.
While Byrne allowed Rockenstein to testify, he denied allowing Woodworth, who the prosecution had called during the main portion of the case, and whose planned testimony had potentially more significant implications.
On Wednesday, Hopkins had Woodworth, his acting chief investigator, go to the sheriff's Boat Patrol facility on Buckingham Point to examine the sailboat's wiring. Woodworth then compiled a six-page report with 70 photos in an effort to impeach the testimony presented last Friday by defense expert Dr. William Chilcott, a forensics engineer.
“Either we're not very smart or the report is poorly written, because we can't figure out what it says,” said Haltom.
The report said that the wires to the sailboat's stern light were not severed during the collision, as Chilcott testified, Haltom said.
“This is evidence that needs to have been presented in the case in chief,” said Haltom, who told Byrne that the report containing Chilcott's conclusions was submitted to the District Attorney's Office in January 2008.
Chilcott, who was not made subject to recall, has since returned to Idaho, and doesn't currently have fax or Internet capability, said Haltom, who quoted case law that argued against late presentation of such evidence.
The evidence was completely improper, said Haltom, who explained the trial was going to have to be delayed until he could get the information to Chilcott for a response.
“It's insane for the prosecution to have waited until Aug. 12 to go do this examination,” Haltom said.
Hopkins said the information was important. Chilcott did not come to his conclusions through scientific testing, such as tracing the wires to make sure they went to the stern light, but only based the statements on a visual inspection.
Woodworth's findings contradicted Chilcott's, Hopkins said, and the wires looked nothing like how Chilcott identified them in photographs on the stand. He said Woodworth should be allowed to testify that Chilcott's conclusions are not supported by facts.
The report showed that Weber was correct when he said the sailboat's mast light wasn't working, said Hopkins.
“There is not the kind of severing that he says took place,” Hopkins said of Chilcott. “This is the key to their expert testimony, and it's faulty.”
Hopkins said that wire was going to be brought to court, along with photos tracing where it went, which Chilcott failed to do.
A frustrated Haltom got up from his seat and stood behind the defense table as Hopkins stated that the report wasn't purposefully held back.
“It is relevant, there's no question about it,” Byrne said of the wire study.
However, he said that issue has been central since the case's beginning. “We're now talking about three years later,” said Byrne, adding that the study should have been done well this week, and so raised a foundational problem.
The testimony – which Byrne said should lead to undue consumption of time – should have been outlined and prepared as part of Hopkins' case in chief.
He ended by sustaining Haltom's objection and denying the admission of Woodworth's testimony.
Hopkins continued to argue on behalf of producing Woodworth and his report, at which point Byrne held up his hand and said, “Counsel, I've ruled.”
Haltom also objected to Hopkins presenting Gregore, who he said was being used to impeach the testimony of Henry “Ed” Dominguez, a sailboat passenger who testified earlier in the trial.
In a videotaped statement Dominguez gave to Gregore at the scene, he had said Weber and Dinius were “hammered,” said Hopkins. On the stand this week Dominguez said “hammered up” mean happy.
Haltom said Dominguez had been released and not subject to recall. Hopkins said he didn't plan to ask him to explain. The judge said there was some relevance to the questioning.
Before the jury came in, Hopkins – noting the judge already had ruled – said he wanted to introduce Woodworth's photos because they impeach Chilcott's ability to identify facts from a photo. Hopkins said Chilcott had identified characteristics in light bulb filaments that the report could contradict. The judge let his ruling stand and called for the jury to be brought in.
Sheriff's sergeant explains computer system
Hopkins' first witness was Sgt. Dave Garzoli, a Lake County Sheriff's Office employee of nearly 20 years. Garzoli testified about the agency's RIMS software system, used for making and tracking reports and investigations. He's been the department's assistant RIMS administrator for five years.
Garzoli said Boat Patrol Supervisor Sgt. Dennis Ostini asked him this week if he could run a search of the system to determine if any deputy had contacted Jean Strak, who testified Wednesday that she saw the sailboat's lights on as it pulled out of a boat slip at Richmond Park Bar & Grill for its nighttime cruise.
Strak stated that a deputy came to her tanning salon on Soda Bay Road within a week of the crash and interviewed her for an hour, but Haltom said he never received any report from the sheriff's office about her statement.
Garzoli said he found a contact for Strak in the RIMS system; it wasn't for the boat crash but, rather, for a bar fight that same year. On Thursday Garzoli ran several advanced searches and found no indication that a sheriff's deputy contacted her at the tanning salon, but that she had been interviewed at the bar where she was assaulted.
Showing Garzoli the RIMS audit log for the case, Haltom asked if a contact a deputy made with Strak would show up in that documents. No, said Garzoli. He explained that if there was a contact with Strak it would only have showed up if a report was written or other information was added to the case file.
Asking Garzoli to turn to a specific report page, Haltom asked him about a set of initials.
“Who is REP?” Haltom asked.
“Russell Perdock,” said Garzoli.
Hopkins objected, saying the question was beyond the scope, which Byrne sustained.
Haltom asked if the audit log showed alterations to the report. Hopkins again objected and Byrne sustained.
Could a sheriff's deputy have changed the report had Strak been contacted? Haltom asked. Yes, certain deputies could, Garzoli said.
“Is Russell Perdock one of those deputies?” Haltom asked. Garzoli said yes.
How many times do the initials “REP” appear in the audit report? Haltom asked. Hopkins objected and Byrne again sustained.
To enter a report into the RIMS system, does a deputy need to be on a computer at the sheriff's office? Haltom asked.
“There's a handful of people that have remote access from their homes,” said Garzoli, adding that most of the reports would be made at the sheriff's office.
Haltom said he wanted Garzoli to be subject to recall.
Hopkins asked Garzoli if a deputy's case report or a call in to dispatch to record a contact can be erased out of the system once it's entered. Garzoli said. no.
Deputy discusses statements from witnesses, his own concerns
Gregore, a seven-year sheriff's office veteran who is assigned to patrol, responded to the Konocti Bay area after the crash was reported. “It was a pretty chaotic scene.”
He said then-Sgt. James Beland had him contact all the witnesses at the scene and do recorded interviews, which he did using the mobile audio visual unit in Beland's patrol car.
Gregore said he spoke with Peter Erickson and four other subjects who accompanied Erickson out on his boat to the crash scene. They didn't witness the crash, so Gregore took their contact information for a later interview.
Hopkins asked him about speaking to fishermen Colin Johnson and Anthony Esposti. Haltom objected and Byrne sustained, but Hopkins said, “It's very brief.”
Byrne asked Hopkins and Haltom to approach the bench and after a brief discussion Byrne said he would allow questions about course of conduct.
Gregore recorded the statements of Dominguez and his fiancee, Zina Dotti. He said Dominguez described both Dinius and Weber as “hammered,” before adding, “Well, maybe not hammered but they'd definitely been drinking.”
He said he didn't contract Strak about the crash. Gregore said he didn't go to Konocti Harbor that night. He did see Perdock at the crash scene but didn't go up to him or hear him say anything about having a soda at Konocti Harbor.
Haltom asked Gregore if Dotti told him anything about the speed at which Perdock's boat had been traveling. Hopkins objected and Byrne sustained. Haltom asked if he had put anything in his report about Dotti's comments on Perdock's speed. Hopkins objected and Byrne overruled. No, said Gregore, his report didn't mention the speed statements.
What did Dotti tell him about the boat's speed? Haltom asked. Hopkins objected and Byrne again overruled. Gregore said Dotti stated that Perdock was going very fast.
Dominguez told Gregore he wasn't sure about lights on the sailboat. “He didn't remember clearly seeing any lights,” Gregore said.
“Did you have any thoughts about the fact that Mr. Perdock was involved?” Hopkins asked.
“I did,” said Gregore before Haltom objected, but Byrne overruled.
“I didn't want to be there. I didn't want to be involved with it,” said Gregore. However, he added, “You can't put everything on hold at the scene.”
He said he wanted to get accurate interviews that reflected peoples' true accounts of what happened.
Did he try to protect Perdock? Hopkins asked.
“Absolutely not,” said Gregore.
Gregore, who came from an area where the nighttime water speed limits was 5 miles per hour, thought that was the legal speed in all cases, so originally Gregore said he thought Perdock had broken the speed law.
Hopkins asked Gregore if he noted signs of Weber's intoxication in his report. Haltom objected and Byrne overruled.
Gregore said yes, noting that he saw Weber had red, watery eyes, slurred speech and there was the odor of alcohol on him.
Reporter recounts conversation with Jansen, friends
Next to take the stand was Rockenstein, who said she knew Jansen as “Yoshi.” She encountered Jansen, Glanzer and “Big Worm” – she knew only that his first name was Robbie – at the Lakehouse Inn in Clearlake.
She said she was standing near the men in the smoking area on the back deck, overlooking the water. “They were talking about having raced on Clear Lake, having raced Russell Perdock,” she said.
Rockenstein said Glanzer and Big Worm were doing most of the talking, saying on the day of the crash they had been on the lake racing Perdock all day. Jansen “wasn't offering much but he was standing right there,” she said.
“I basically told them that wasn't true,” said Rockenstein.
Perdock, she said, “could be accounted for all day.”
Haltom objected to the statement, but Byrne overruled him.
When his turn came to question Rockenstein, the only question Haltom asked was, “Are you a reporter for the Lake County Record-Bee?” She said yes.
Ostini recalled to stand
Ostini, who testified two different times during the trial, was Hopkins' last witness on Friday.
He recounted Chilcott coming to look at the instrument panel on Perdock's powerboat. Ostini said he, Deputy District Attorney John Langan and Haltom were present when Chilcott checked for “needle slap” – the mark of a needle on a glass gauge face as the result of an abrupt deceleration such as occurs during a crash.
Ostini said both he and Chilcott climbed into the boat, and pulled a thick black plastic cover over them so Chilcott could use a black light to look at the gauges. Chilcott told Ostini that the needles weren't the type to show needle slap under black light, so he used a flashlight.
Pointing to a speck of dust on the gauge face, Chilcott said it was evidence of needle slap, according to Ostini. Ostini said he told Chilcott he was mistaken, and recalled asking Langan and Haltom for permission to clean the glass, which he said they gave. The dust came off.
He said he didn't speak with Peter Erickson at the scene; Ostini said the only witnesses he was talking to at the time where those who saw the crash itself. He also was trying to get the boats transferred to the sheriff's facility and get to the hospital to see Weber and Dinius before they were discharged.
Ostini said he hadn't heard about Strak until a couple of years into the investigation. He said she was contacted May 6, 2006, at Richmond Park regarding a bar fight in which she was assaulted. A deputy contacted her again about that fight on May 30, 2006, but there was no indication she had ever been visited at her salon.
Hopkins asked Ostini if he heard Perdock say anything about a soda. Haltom objected and Byrne sustained.
“Your honor, that was testimony on the defense case by Mr. Peter Erickson,” Hopkins said.
“All right, I'll allow it,” said Byrne.
Ostini said he didn't hear Perdock say that.
Haltom asked Ostini if he was at Perdock's side constantly at the scene. Ostini said no.
Going back to Ostini's recollection of the needle slap test, Haltom asked if Ostini remembered him being there. Ostini replied, “I'm sorry, you are correct,” about Haltom not being there.
Did Perdock order someone to contact Strak? No, Ostini said, adding he hadn't discussed the situation with Perdock.
Hopkins showed Ostini a portion of the audit report and pointed out Gregore's initials, to which Haltom objected and Byrne overruled. “It'll become clear,” said Hopkins.
He read off a list of witnesses and the names of those involved that Gregore had entered into the RIMS system between midnight and 1 a.m. on Sunday, April 30, 2006.
“The electronic report is rather fluid, and you can keep adding to it,” said Ostini
Haltom asked if Ostini had seen entries for locking the report. “The report is locked by a supervisor when it's completed,” Ostini said. Had he seen it unlocked? Ostini said he hadn't recently reviewed it.
Another witness Hopkins wanted to call couldn't make it on Friday, so Byrne dismissed the jurors for the day, telling them they may hear two more witnesses on Tuesday when court reconvenes at 10 a.m. A hearing on the release of Perdock's personnel records is scheduled at 8:30 a.m.
Following those final witnesses, which will be on the stand a short time to clarify a few matters, Byrne said they'll go into arguments and jury instructions. “We are way ahead of schedule.”
On Monday Byrne, Hopkins and Haltom will meet to go over jury instructions. Byrne said he's assessing whether to do arguments or instructions first. If all goes well, he said, the jury should have the case Tuesday or Wednesday.
The attorneys are “going to have a lot to say” during closing arguments, so Byrne urged jurors not to make up their minds before closing arguments.
Defense to press for acquittal
With the jury gone, Haltom notified the court that at the end of closing arguments he'll seek a judgment for acquittal.
Haltom said he'll pinpoint the issue of duty – specifically, if it was Dinius' duty to turn on the sailboat's navigation lights.
“Determining the existence of duty is for the court, not the jury,” Haltom said.
If there's no duty, the case can't go to the jury, said Haltom. “Our position is he had no duty to turn on the lights.”
Byrne noted that there are a lot of recent cases on duty in civil matters.
E-mail Elizabeth Larson at
The Summit Fire was located in the southeastern portion of the Snow Mountain Wilderness on the Grindstone Ranger District of the Mendocino National Forest.
It burned in steep and rugged terrain with brush and scattered timber one mile from the Summit Springs Trailhead, approximately 25 miles west of Stonyford.
Mendocino National Forest spokesperson Tamara Schmidt said firefighters made “excellent” progress on Friday and the fire was declared at 6 p.m. that day.
She said resources will now focus on mop-up and work towards the next stage, which is control of the fire. The expected control date is Tuesday, Aug. 18 at 6 p.m.
The remote terrain required the use of air resources and smokejumpers, with firefighters having to hike in to the scene, as Lake County News reported earlier this week.
Approximately 346 firefighters were assigned to the blaze. Schmidt said total resources on the scene Friday included 13 crews and four helicopters.
Schmidt said it's highly recommended that the public refrain from traveling or hiking in the fire area. Trailheads in close proximity of the fire are posted.
Forest Road M10 is closed to westbound traffic from Davis Flat until further notice, Schmidt said.
With the exception of the Summit Fire, so far this year the Mendocino National Forest has not had an active fire season compared to neighboring forests, Schmidt said.
She reported that last Thursday and Friday four lightning fires were spotted on the east side of the Mendocino National Forest and one fire on the west side. All of the fires were contained while fairly small.
Schmidt said the largest of those blazes was the Government Fire, which grew to seven acres near Government Flat. It was reported Thursday evening, contained Friday and controlled Sunday at 6 p.m.
She said engine crews from the Mendocino National Forest, as well as two handcrews from a nearby Cal Fire station, provided initial attack on the Government Fire.
Additional resources from the Cleveland National Forest, San Bernardino National Forest, Arkansas and Mississippi were instrumental in assisting fire suppression efforts on the Mendocino National Forest last weekend, Schmidt said.
Due to dry conditions, the Mendocino National Forest is currently under fire restrictions to help reduce the risk of human-caused wildfires on the Forest, she said.
For more information regarding the current fire restrictions, contact the Mendocino National Forest at 530-934-3316 or visit www.fs.fed.us/r5/mendocino .
John Wesley Dunn, 25, is being held at the Lake County Jail, with bail set at $350,000.
He was arrested Aug. 7 on a felony charge of kidnapping with the intent to commit rape.
Court records show that he's facing additional felony charges of rape while using drugs to prevent resisting and assault with the intent to commit a crime.
Dunn, who was arraigned on Monday, is scheduled to appear before Judge Stephen Hedstrom at 9 a.m. Monday, Aug. 17, to enter a plea.
A 25-year-old Hidden Valley Lake woman had reported to the Lake Count Sheriff's Office on Aug. 1 that she had been raped the previous night, as Lake County News has reported.
Sheriff's Capt. James Bauman said Friday that the woman had met friends and family members for drinks at Twin Pine Casino in Middletown on the evening of July 31, hours before the incident.
Dunn, reported to be an acquaintance of the victim, also had been at the casino that night, said Bauman, and had allegedly offered to take the woman home when she apparently had too much to drink.
On Aug. 6, following several days of further investigation, detectives with the Sheriff’s Major Crimes Unit secured an arrest warrant and accompanying search warrant for Dunn.
Bauman said Dunn, an assistant golf pro, was arrested at his place of employment in Hidden Valley Lake the following day without incident. The search warrant was executed on his home and vehicle that same day.
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“As a driver, you are responsible for the safety of your passengers both while the vehicle is running and when it is parked,” said CHP Commissioner Joe Farrow. “Carelessness, can lead to tragedy.”
Research by the National Highway Transportation Safety Administration (NHTSA) in 2007 showed that for children hyperthermia (heat-stroke) is the leading cause of non-crash vehicle deaths.
Every year in the United States, an average of 27 children die as a result of hyperthermia or excessive heat while in a vehicle.
“If you see a child unattended in a vehicle call 911 immediately,” said Commissioner Farrow. “Not only is leaving a child in a vehicle unattended dangerous, under California law it is illegal.”
On Jan. 1, 2002, the Unattended Child in Motor Vehicle Safety Act, took effect.
The law became known as “Kaitlyn’s Law” in memory of 6-month-old Kaitlyn Russell of Corona, who died Aug. 15, 2000, after being left alone in her babysitter’s car for about two hours.
“Kaitlyn’s Law” makes it an infraction, punishable by a fine of $100 for any parent, legal guardian, or other person responsible for a child 6 years of age or younger, to leave that child unattended in a vehicle without the supervision of someone at least 12 years of age or older.
The national, nonprofit organization, 4 R Kids Sake, has designated August as “Purple Ribbon Month,” to raise awareness and educate the public about the dangers of leaving a child unattended in or around a motor vehicle.
In recognition of “Purple Ribbon Month,” the CHP will attach a purple ribbon to the antenna of its patrol cars.
“Hopefully by focusing attention on this issue, we can prevent the senseless loss of innocent lives in the future,” added Commissioner Farrow.
Bismarck Dinius, 41, was the last of three witnesses to take the stand Thursday morning before the defense rested in his trial. He spent just under an hour answering questions about the events that led to the fatal collision.
By the end of the morning the judge estimated that the case could be handed over to the jury next Tuesday or Wednesday.
The Carmichael resident was at the tiller of Willows resident Mark Weber's sailboat on the night of April 29, 2006, when it was hit by a powerboat driven by Russell Perdock, an off-duty sheriff's deputy.
Weber's girlfriend, 51-year-old Lynn Thornton, was mortally injured and died three days later.
While Perdock is alleged to have been going anywhere from 35 to 55 miles per hour on the dark night, Dinius is being prosecuted for boating under the influence causing great bodily injury because the prosecution contends he was the boat's operator and had failed to turn on the navigation lights. It's also alleged that he had a blood alcohol level of 0.12.
Just after 9:30 a.m., Dinius himself took the stand after the testimony of two other witnesses. After he was seated defense attorney Haltom called him “Bismarck,” and Hopkins objected, saying they needed to be more formal in court.
As the jury watched him attentively – most of them taking notes – Dinius recalled that Weber had invited him on the nighttime cruise, and that it was Weber who was directing the boat, with Dinius following his directions.
The boat's lights were on, said Dinius. “The cabin lights were definitely illuminated.”
He said the cabin lights made it possible for him to see a wind indicator on the top of the mast. “I was using the cabin lights to see the wind indicator so I could gauge the wind,” he said, noting the sails also were completely illuminated.
Dinius said he was at the tiller after Weber asked him to help man the boat while he got the sails ready. He said he'd had alcohol to drink that night at Richmond Park Bar & Grill, where the boat had been docked following the Konocti Cup earlier in the day.
He sustained injuries to his back, suffered two broken ribs and bruising to the entire right side of his rib cage, a broken and badly cut hand, and a severe concussion that left him with a “tennis ball” on his head for three months. As a result he suffered memory loss.
“What kind of memory loss did you suffer?” Hopkins asked.
“Part of that day, I don't recall the accident,” said Dinius, noting he also had short-term memory loss.
Hopkins questioned his recollection of the wind indicator being illuminated. How many such indicators were on the boat? He asked. Dinius didn't know. Was there one lower on the boom? Hopkins asked. Dinius didn't remember.
Why did he look at the wind indicator? Hopkins asked. Dinius said it helps with handling the boat.
Dinius didn't recall pulling out of the dock, whether he was at the tiller or if they used a motor to go out. “We were well under way” when he remembered being at tiller.
That cruise was the only time he had ever been on Weber's boat. “I was at the tiller as he hoisted his sails and manned the rigging on his boat.”
Hopkins asked when he noticed he sails illuminated. Dinius wasn't sure. He did remember it was about dusk and getting dark when they left. “It was definitely leaning towards the dark side of the evening.”
Dinius didn't remember his conversation with Boat Patrol Supervisor Sgt. Dennis Ostini at the hospital early on the morning of April 30, 2006. Ostini testified that Dinius told him he was at the tiller.
When Weber asked him to go on the cruise, Dinius had been ready to leave Richmond Park for the evening, but Weber said it was going to be really quick.
“It was a nice night, good way to end the sailing day,” Dinius said.
He explained he had only sailed on Clear Lake while participating in the Konocti Cup race, which he had taken part in with Don Hare on Hare's sailboat earlier that day. “I didn't come up here for recreation at all.”
There was a wine tasting event in conjunction with the regatta, and Dinius said he had two to three sample glasses, about 2 ounces each. He also drank Corona beers and a Coors Light. “I couldn't tell you the number.”
He said he didn't recall the wine being very good. “Careful what you say about Lake County wine,” Hopkins joked. “I didn't say it was Lake County wine,” Dinius replied.
Dinius said he thinks he and Hare took Hare's boat out at Boren Bega around 4:30 p.m., then Hare drove them to Richmond Park, where there were a lot of people socializing and having “sailor talk.”
He recalled drinking a lot of water before dinner and throughout the day, because he was dehydrated from being on the lake. Dinius said he had dinner between 6 p.m. and 7 p.m., drinking either water or ice tea, and started drinking beer after dinner. He remembered having a Coors Light in his hand when they boarded the boat, and he thought someone brought him a Corona while they were sailing.
Weber was giving the orders. “He raised the sails and he tended to the sails the entire time,” Dinius said.
At one point Weber was playing with the radio after Thornton said something to him about it. They were well under sail at that point, Dinius said.
Hopkins questioned him about his statements in an Aug. 8, 2007, deposition for a civil lawsuit relating to the crash. At that time he stated that he had three to four beers. Did that sound correct, asked Hopkins? Yes, Dinius replied.
Dinius gave a rough estimate that the sailboat had been cruising 30 to 45 minutes before the crash. He didn't recall any other people at the tiller during that time.
He said everyone was seated in close proximity, illuminated in the cabin lights.
When they were under way, they were in full sail, but Dinius said he didn't recall if they were on a starboard or port tack. He remembered Weber giving the order to come about as they turned near Fraser Point to head back to the restaurant.
Dinius said he couldn't remember the sails' orientation. If he wasn't looking at the sails, why was he looking at the wind indicator? Hopkins asked. Dinius said he didn't say he wasn't looking at the sails, he just couldn't remember them.
After the crash, he didn't remember the ride to the hospital, although he had a flash of another person in the ambulance with him. He thought it was Thornton, who had been sitting next to him on the sailboat. Other witnesses have testified it was Jordin Walker, who was on Perdock's powerboat along with her father, James.
Dinius thought Weber came into his room at the hospital to ask how he was doing. Within a few weeks to a month, Weber called Dinius.
Referring to a deposition Dinius gave in the civil lawsuit in August 2007, Hopkins asked, “He asked you if the lights were on, correct?”
“Yes,” Dinius relied.
“Did you decline to talk to him about accident?” Hopkins asked.
Dinius said he did, telling Weber the crash was under investigation and he didn't feel comfortable discussing it. He didn't recall giving Weber an answer about the lights.
Shortly after Dinius left the stand, Haltom told the court that the defense rested.
Attorneys enter stipulations, hear from other witnesses
When court began earlier that morning, and before testimony got under way, Haltom read into the record two stipulations to which he and Hopkins had agreed.
The first was that no report was prepared by the Lake County Sheriff's Office regarding a contact witness Jean Strak said she had with a sheriff's deputy in the days after the crash.
The second stipulation between the defense and prosecution agreed that on April 29, 2006, sunset at the Clearlake Highlands took place at 8:01 p.m. and in Lakeport at 8:03 p.m., with civil twilight ending in the Clearlake Highlands at 8:30 p.m. and at 8:31 p.m. in Lakeport. The waxing crescent moon, of which only 5 percent was visible, set at 10:51 p.m. in the Clearlake Highlands and 10:52 p.m. in Lakeport.
The day's first witness was Malcolm Davy, who owns Down Under Boat Works in Kelseyville. The New Zealand native said he has considerable boating experience, and has built and repaired boats since he was a teenager.
Perdock called him within a few weeks of the crash to ask for a repair estimate to submit to his insurance company for his 24-foot Baja Outlaw powerboat. Although Perdock's boat had been impounded, Davy said he was allowed to see it in the sheriff's Boat Patrol facility at Braito's Marina.
When he went into the building both the powerboat and sailboat were cordoned off with security tape. Davy spent about 20 minutes examining the Baja.
The deputy wasn't with him the entire time. “Something happened, he had to leave me there. He had to go back to the office to do something. So I was there on my own.”
After examining the boat, “I was really surprised at the extent of the damage to the powerboat,” Davy said.
He explained that Bajas are a well designed and well built boat for offshore use – specifically, for going high speeds in ocean conditions.
Davy said here was a very large hole in the powerboat's bow – so large that the combing off the sailboat with all the winches still attached were stuffed into it. “It was very extensive damage.”
Haltom asked if that damage signified anything to him. Hopkins objected. Judge J. Michael Byrne allowed Davy to answer, and he said, “Yes.” When Davy said he had repaired boats before that have gone over other boats, Hopkins objected and Byrne sustained.
How did the damage compare to other boats he's seen? Haltom asked. Hopkins objected, saying it was irrelevant.
Haltom asked if he could compare this damage to that suffered by other boats. Davy said, normally, there's no damage to the boat going over, but Perdock's had a huge hole.
Dave said he was still collecting prices on replacement parts and gel coats when Perdock called and told him not to bother, that the case was going to be hung up for quite a while.
Richard Higinbotham, a former Lake County District Attorney's Office investigator, came to the stand next. A former California Highway Patrol officer of 22 years, his salary was covered by a driving under the influence grant that ran out on Dec. 31, 2008.
He said Deputy District Attorney John Langan, who he was assigned to assist, directed him to interview Perdock, which he did on Sept. 24, 2008.
During the interview they talked about the investigation, said Higinbotham. Nautical terms came up with which Higinbotham said he wasn't familiar.
Higinbotham said Perdock wanted “to express that certain things could be brought to light with the investigation.” Perdock gave Higinbotham a copy of a report done by GAB Investigations, a firm his insurance company had hired to investigate the incident.
During the interview, which wasn't taped, Higinbotham said they discussed wind speed, the speed of the boats, a possible re-interview of Jim Walker, Perdock's friend who was with him on the powerboat during the collision, the collision's mechanics and the lighting conditions.
Haltom asked the purpose of the interview. “I don't know,” said Higinbotham.
Higinbotham said it was his understanding that Perdock had concerns about the investigation that could be helpful. In his report he suggested that if any more interviews were conducted with Perdock that someone more experienced with nautical terms be present. Higinbotham said his experience involved accident reconstruction for vehicles, not boats.
He took a copy of the GAB report, which he attached to his report, and gave the original GAB document back to Perdock.
Hopkins asked Higinbotham if he felt that he was mandated to do things Perdock suggested. He said no. “The only thing I did do was document the interview,” he said.
Court sets out tentative schedule for rest of trial
After the defense rested for the day, Byrne told the jurors that Hopkins had the right to bring rebuttal evidence, which is scheduled for Friday, and that jurors would be excused for the rest of the day.
“We are still running ahead,” said Byrne.
He told the jurors that they may hear evidence from both sides on Friday, and he encouraged them to keep open minds until they've heard everything.
As he dismissed them, Byrne told jurors, “Pretty soon you're going to have to go back to the real world.”
With the jury gone, Haltom finished entering items into evidence, with Hopkins successfully objecting to the entry of a diagram drawn by Lt. Charles Slabaugh of the Sacramento County Sheriff's Office, who helped investigate the case.
Also excluded for lack of foundation was a local Masonic Lodge picture that featured District Attorney's Investigator John Flynn. Perdock, who is also a member, wasn't pictured. “It shows them wearing really goofy purses,” Haltom quipped.
On Friday, Hopkins' rebuttal witnesses will include Ostini, District Attorney's Investigator Craig Woodworth and Deputy John Gregore. Also to be called is Lake County Publishing reporter Denise Rockenstein. She gave the prosecution information about a defense witness, John Jansen, who testified on Wednesday to seeing Perdock in the outside bar at Konocti Harbor Resort & Spa and racing boats with him a few hours before the crash.
Byrne will work with Hopkins and Haltom on jury instructions on Monday, which Dinius has waived his right to attend. On Tuesday, Aug. 18, a hearing is planned regarding Perdock's personnel records. Haltom could recall Perdock to the stand based on the outcome of the records hearing.
The judge estimated closing arguments could begin Aug. 18, with the jury getting the case later that day or the next day, Wednesday, Aug. 19.
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