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LAKEPORT – A judge has turned down a proposed gag order in the case of a Carmichael man being prosecuted for a fatal 2006 boating collision.
In a Friday morning hearing visiting Judge J. Michael Byrne chose not to grant Deputy District Attorney John Langan's request to institute a protective order in the case of Bismarck Dinius, which is scheduled to go to trial May 19.
Dinius, 40, is accused of felony vehicular manslaughter with a boat and boating under the influence for an April 29, 2006, sailboat crash.
He was at the tiller of a sailboat owned by Willows resident Mark Weber when it was hit by a power boat driven by Russell Perdock, an off-duty sheriff's chief deputy. Weber's fiancée, Lynn Thornton, was mortally injured in the crash and died a few days later.
In court on Friday were Langan; Dinius' defense attorney, Victor Haltom; and attorney Deputy County Counsel Ryan Lambert, representing the Lake County Sheriff's Office, which has records being sought in the case.
Phoning in was attorney Michael Miller of Perry Johnson Anderson Miller & Moskowitz, a Santa Rosa firm representing former Lake County Sheriff's Sgt. James Beland, whose records are being sought in the case. Beland's attorney, Scott Lewis, was unavailable for the hearing.
Before the discussion of the gag order, the court took up several other issues.
“I need to place on the record our objection to having this hearing today,” said Lambert, explaining the sheriff's office hadn't received notice of the hearing until May 1, and should have been given at least 16 days plus an additional two days for service.
Miller, who received notice on May 3, also objected due to the shortness of time, and asked to have the matter put back to the end of the month. He noted that Beland is objecting to having his records released.
Langan said that new evidence in the case had arisen in the past few weeks. “The people feel there is going to be material evidence in the personnel files of former Sgt. Beland that the people are going to need access to prior to the trial.” Other issues, which he did not specify, also have come to light.
He said if the prosecution didn't have release of the materials granted on Friday with a Pitchess motion, he would seek to have the May 19 trial date vacated.
Haltom stated that he was opposed to any continuance.
Lambert said the sheriff's office wasn't attempting to be obstructionist, but wanted to prepare to argue its case against releasing the documents. Byrne said the sheriff's office had a legal right to prepare, and that officers' personnel files have been protected both by right to privacy rules and legislation.
Byrne agreed to reschedule the hearing on the personnel records, saying it shouldn't pose a major delay. “This could be very relevant evidence and very important evidence.”
New information and the protective order
Langan requested to speak with Byrne and fellow council in the judge's chambers, where they retired for about a half-hour.
Once back in the courtroom, Langan made a verbal motion, which he said he would follow up with a written motion, to request that the May 19 trial date be pushed back.
“We have information that I believe now puts the burden on us to obtain the personnel records of former Sgt. Beland,” he said.
That new information includes new statements that people have come forward with relating to the activities of a material witness on the date of the boat crash. Langan said the District Attorney's Office needs to have time to examine that information.
He said he's talked to investigators, who haven't yet had time to look into the material. “They have told me it's going to take a considerable bit of time to sort through the information we've received.”
Langan apologized for the lateness of the request, adding “we just got the information last week.”
Haltom reiterated his opposition to postponing the trial date, saying they've already begun subpoenaing out-of-state witnesses. “We're opposed and ready to go.”
Langan said he believed Haltom had entered a time waiver at a July 28, 2008, arraignment. Haltom responded that he was pulling the waiver. That would mean that the trial would have to start by July 7 at the latest.
During the hearing, Langan suggested some changes to the language of certain court documents. He also sought to remove language in the counts against Dinius that stated he had failed to exhibit lights on the side of the boat and had failed to have a lookout. Regarding the lights, Haltom called it a “superfluous accusation” since the boat wasn't equipped with side lights.
Lastly, they discussed Langan's proposed gag order.
“We are not requesting any order that pertains to the media,” said Langan.
However, he did ask that the judge make it clear that the parties, attorneys and witnesses in the case not discuss trial strategies or possible outcomes in the media, given that a trial date had been set.
He said both sides are entitled to a fair trial and it's going to be difficult to find unbiased jurors in the case based on the amount of coverage the case already has received. Langan said he didn't think it was unreasonable to ask all parties involved to limit their conversations with the media.
Allowing discussions in the press regarding trial strategies “is dangerous to the idea of getting a fair and impartial jury in this case,” said Langan.
Haltom said he has, and will, continue to comply with the ethical constraints the law imposes on him.
In his 93-page objection to the motion, Haltom said Sheriff Rod Mitchell and District Attorney Jon Hopkins “have repeatedly publicized their views concerning this case. They have issued press releases, posted materials on the Internet, given televised interviews, and given interviews to the print media. Now, however, the district attorney’s office asks this court to impose a 'gag order.' In a brief that fails to specify any factual basis or legal justification for a gag order, the district attorney’s office broadly requests “an order prohibiting discussion of this case in the media ...”
“With respect to defense and prosecution relations with the media, nothing more than compliance with the applicable rules of professional conduct is necessary or appropriate to ensure a fair trial,” Haltom wrote. “To date, while members of the prosecution team, including Mr. Hopkins, have strayed from the mandate of these ethical constraints, the defense has not.”
The judge didn't feel a protective order could be justified.
“I don't like to control the right to freedom of speech and I don't like to control the right to freedom of the press unless necessary,” Byrne said Friday. He added that he didn't find any necessities in this situation and didn't plan to put a limit on Haltom.
He noted there has to be a balance struck between a person's right to a fair trial and freedom of the press.
General comments about the case are important, said Byrne, who noted the courtroom has no television cameras, so the only way the public knows about the case is through press coverage.
Given all of the issues, Byrne said it was obvious that the case is of interest to the public.
Byrne scheduled a hearing on the motions for Beland's records and the trial continuance on 9 a.m. May 19. He said he did not plan to request that a jury panel be ready for the May 19 start date.
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LAKEPORT – Sutter Lakeside Hospital is busily putting the finishing touches on its new Health & Wellness Expo.
The event takes place from 8:30 a.m. to 6:30 p.m. Saturday, May 9, on the hospital grounds, 5176 Hill Road East, Lakeport.
The theme of this year's expo is “Catch the Spirit! Embrace, Learn and Align.”
A team of Sutter Lakeside staffers has worked since last fall to organize the expo, which will feature everything from adult health care screenings to the Find Your Fun! Expo for Kids. The team includes Leslie Lovejoy, Vera Crabtree, Nicole Grammer, Carrie McClure, Christine Petty, Michele Andre-Newton, Kathleen Stuart and Angie Lagle.
The hospital isn't just debuting its new event this week, it's also welcoming its new chief executive officer, Siri Nelson, who arrived Monday. Nelson comes from Sutter Amador Hospital, where she served as chief financial officer.
The Saturday event will feature six tents: car seat safety; the family birth center, covering family nutrition and breastfeeding; respiratory therapy, which will include smoking cessation and oxygen saturation; cardiology, with glucose, cholesterol and blood pressure checks; physical therapy, with a balance check and biofeedback; and discharge planning, where visitors can learn about power of attorney and medical directives.
There also will be a variety of vendors and workshop sessions on acupuncture, the healthy aging brain, yoga, transforming obstacles to achieve your dreams, Tai Chi Chuan, the Four Agreements, Tibetan sound healing, cooking, Pilates, Eastern healing and more.
Lovejoy called it a “very well-rounded program.”
Keynote speakers will be Dr. Fred Allen Wolfe, a quantum physicist, writer and speaker whose talk in the main tent at 11 a.m. is titled “Be the Change: Mastering the Quantum Physics of Life!”
At 5 p.m., Dr. Joan Borysenko, an author and lecturer who is a pioneer in integrative medicine and an authority in the body-mind connection, will speak in the main tent on “The Wisdom of the Heart.”
Lovejoy said Borysenko had done a previous conference at the hospital and agreed to come back and speak at the expo. “She really was impressed with our model and what we're doing here,” said Lovejoy.
The hospital's model includes four levels – signs of sickness, healthy body, healthy thoughts and feelings, and a healthy person.
Lovejoy said Sutter Lakeside wanted to integrate all of its aspects at the expo. “I think we've evolved in our image of ourself.”
For the children's portion of the expo, McClure said the goal is to help educate and inspire children to care about their health. “That's going to look different for kids than adults.”
Tammi Silva, director of the hospital's community relations, Wellness Center, marketing and Lakeside Wellness Foundation, said the hospital wants to build a generation of healthy children.
They'll introduce children to a variety of sports and physical activities, encourage them to try new foods and bring their own healthy lunch, said McClure.
Petty said middle and high school students who are part of the hospital's Leadership Adventure will take part as role models, showing how it's cool to be active and healthy.
Silva said they plan to make the expo an annual event.
Hospital staff is excited about the openness and welcoming atmosphere of the expo model, said Lovejoy. “I think it's here to stay.”
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A wreath will be laid on the police memorial in Museum Park in downtown Lakeport at 1 p.m. and “Taps” will be played, said Lakeport resident Mike Pascoe, a member of the Iron Warriors Motorcycle Club, which is sponsoring the event.
The Iron Warriors is a national public safety officers club, with 40 chapters throughout the United States, said Pascoe.
Pascoe – a retired federal officer whose son and daughter are a game warden and a probation officer, respectively – said the club wanted to honor the officers this year. He said no local commemoration for National Police Week, May 10 through 16, was planned and the group didn't want to let the time pass without a remembrance.
Three Lake County law enforcement officers have been killed on the job: Sheriff George W. Kemp, 1910; Deputy Sheriff William David Hoyt, 1967; and Sgt. Richard Helbush, in 1981. The woman accused of killing Helbush, Annika Ostberg Deasy, was returned to her native Sweden in April to serve out her prison term, as Lake County News has reported.
Next week, a series of events in Washington, DC will honor officers killed while in service. The events include the 21st annual candlelight vigil at the National Law Enforcement Officers Memorial, a two-day survivors' conference on May 14 and 16, and the National Peace Officers' Memorial Service on May 15 at the US Capitol.
Lakeport Police Chief Kevin Burke, Lt. Brad Rasmussen and two other officers will attend this year. All of the men pay for their own way and don't use department funds for the trip, said Rasmussen.
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Lakeport Police arrested the 14-year-old boy, whose name is not being released because he is underage, on April 28.
Lt. Brad Rasmussen said police received a report just after 1 p.m. April 28 from Terrace Middle School that the student allegedly had attacked another male juvenile.
Two officers were dispatched to the school, where the vice principal had both students in the office, Rasmussen said.
The investigation revealed that the 14-year-old had allegedly made a derogatory comment to the younger boy, whose back was turned. Rasmussen said that when the 13-year-old turned around to ask what was being said, the older boy opened his wallet, pulled out a small razor blade and slashed at him.
The razor blade hit the back of the 13-year-old's left hand, causing a half-inch slash that went through the skin.
“It wasn't a real serious injury,” said Rasmussen.
The boy's mother took him to Sutter Lakeside Hospital afterward, but police received no further information about the injury, Rasmussen said.
“We ended up arresting the 14-year-old suspect for assault with a deadly weapon and he was booked into juvenile hall,” said Rasmussen.
Police have had no previous contact with the young suspect, Rasmussen said.
This is the first year that Lakeport Police has not had a school resource officer. That position, formerly held by Officer Jarvis Leishman, had to be rolled back into regular patrol, with two other positions unfilled.
Rasmussen said it's hard to tell if there is an increase in incidents at the school. “We have seen continuing situations that come up occasionally where law enforcement is needed.”
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Organizers say AmeriCorps Week provides the perfect opportunity to bring more Americans into service, salute AmeriCorps members and alums for their powerful impact, and thank the community partners who make AmeriCorps possible.
“AmeriCorps is a transforming experience, and no one can tell the AmeriCorps story better than those who serve,” said AmeriCorps Director Rob Young. “We believe in the power of people to make positive change, and AmeriCorps members are powerful change ambassadors. I am delighted to witness our President continue to shine the spotlight on service as he and his wife encourage more people to embark on their own service journey.”
Over the past years, some of the AmeriCorps Week activities have included honorary AmeriCorps member for a day, radio interviews, handing out stickers and magnets at schools, assisting with community events, bike helmet and car seat fitting stations, planting community gardens, community clean ups, and editorials from AmeriCorps members.
In planning AmeriCorps Week, AmeriCorps committee members identify community needs, coordinate with community partners, and implement these events.
This year’s AmeriCorps Week committee has planned a stellar lineup of events in which they invite the community to participate. They include:
Saturday, May 9: Food drive at the Grocery Outlet (Lakeport), Sutter Lakeside Hospital and Mendo-Mill in Clearlake from 10 a.m. to 2 p.m.;
Monday, May 11: Blood drive in the Grocery Outlet parking lot from 10:30 a.m. to 2:30 p.m.;
Tuesday, May 12: Blood drive in the Clearlake Wal-Mart parking lot from 3 p.m. to 6 p.m.;
Saturday, May 16: The group will assist at and participate in the Relay for Life event held at Clear Lake High’s football stadium from 10 a.m. until Sunday morning.
Since 2001, the Lake County Office of Education’s AmeriCorps Program has provided needed assistance to thousands of Lake County students, community members and organizations. AmeriCorps provides trained, dedicated members to tutor and mentor youth, assist after-school programs, help communities respond to disasters, as well as recruit and manage traditional volunteers.
Nationally, AmeriCorps engages 75,000 people each year in intensive, results-driven service through more than 2,000 nonprofits across the country.
In Lake County, 50 AmeriCorps members serve at 37 school, preschool, Healthy Start and after-school sites countywide. The group's focus is on helping young people succeed in school. These members gain valuable training, civic knowledge, disaster preparedness education, assist with volunteer recruitment, as well as plan and assist with a variety of community events.
Since 1994, more than 500,000 Americans have served in AmeriCorps. Those interested in learning more about community events and available service opportunities in Lake County can visit www.lakecountyamericorps.org or call 707-263-6291.
AmeriCorps is administered by CaliforniaVolunteers and the Corporation for National and Community Service. Their mission is to improve lives, strengthen communities, and foster civic engagement through service and volunteering. For more information, visit www.nationalservice.gov.
LAKE COUNTY – Areas along Highway 53 are cleaner thanks to a statewide Litter Removal and Enforcement Day held Wednesday.
Caltrans, California Highway Patrol and Keep California Beautiful joined forces in the cleanup effort, which is meant to address the ongoing problem of litter along state highways.
Caltrans District 1 spokesman Phil Frisbie said 30 Adopt-A-Highway volunteers helped Caltrans employees remove approximately 100 bags of trash from along Highway 53.
Caltrans Adopt-A-Highway volunteers and groups who participated in the Litter Removal and Enforcement Day in Lake County were Debbie Ogulin, Galilee Lutheran Church, Konocti Vista Casino and Lake County Stonewall Democrats.
Frisbie said the overall amount of trash found alongside the road this year appeared about the same as in previous years, with some larger trash items already having been removed because Caltrans maintenance crews have started mowing, and large items can damage their mowers.
On Wednesday Caltrans reported that it spent $57 million in 2008 alone to pick up trash along California state highways, where litter not only is unsightly but gives rise to pollution.
Litter commonly found on highways includes food wrappers, napkins, tires, magazines, motor oil and anti-freeze containers, and soda cans and other recyclables, Frisbie reported. Highway littering carries fines up to $1,000.
Caltrans reported that a primary source of litter is untarped truck loads.
“Litter is a big issue, but we can all be a part of the solution,” said Charlie Fielder, Caltrans District 1 director. “Please hold on to your garbage until it can be disposed of properly. If you use a truck to haul loads, tarp your load to keep it contained.”
For more information on the Caltrans Adopt-A-Highway program, call Nita Brake-Mills at 707-441-5761.
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