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- Written by: Elizabeth Larson
The attorney for a man facing criminal charges in the case, however, called the Department of Justice's review “meaningless.”
On Aug. 20, citing media reports – among them television broadcasts – about the case that left many county citizens “apprehensive about the adequacy and fairness of the subsequent investigation,” Sheriff Rod Mitchell requested the Attorney General's Office review Sacramento County's investigation and his department's procedures.
One of the factors drawing attention to the case was the involvement of Russell Perdock, a chief deputy with the Lake County Sheriff's Office, who was off duty at the time of the crash.
On the night of April 29, 2006, Perdock – at the wheel of his 24-foot speedboat – hit a 27-foot sailboat driven by Carmichael resident Bismarck Dinius and owned by Mark Weber of Willows.
The collision mortally injured Weber's fiancee, 51-year-old Lynn Thornton, who died May 2, 2006, at UC Davis Medical Center.
Because of Perdock's involvement, Mitchell requested the Sacramento County Sheriff's Office's Marine Services Unit conduct the investigation, as Lake County News has reported. Early in his law career Mitchell had worked as a deputy for Sacramento County.
Mitchell issued a Friday statement in which he related that the Department of Justice contacted him Dec. 10 that they would soon issue written findings in the case.
On Thursday, the findings were hand-delivered to Mitchell, he reported.
“I have determined that the contents of the report will not have an influence on issues pending before the Courts,” he stated. “Consequently, I am releasing the report in its entirety at this time.”
The nine-page report includes a cover letter to Mitchell from George B. Anderson, director of the Department of Justice's Division of Law Enforcement, in which Anderson states, “we did not find any areas requiring further investigation, or a need for policy enhancement based on the information you provided.”
The review's “Methodology” section explains that its scope and methodology were largely determined by Mitchell's request for a review of the investigation's sufficiency, areas for further investigation, and changes or enhancements to department policy.
“It was not the goal of this review to re-investigate this incident,” the document states. “Hence, this review relied expressly on written records and digital imagery generated by the Lake County and Sacramento County Sheriff's Departments, local hospital records and analysis records of the Department of Justice, Bureau of Forensic Services.”
An information interview of Mitchell also was conducted, the review states.
The review recounts the circumstances of the crash, and touches upon one of the most contentious issues surrounding the crash – whether or not Weber's sailboat, Beats Working II, was under way with its running lights on.
Weber and Dinius have contended that the boat's lights were on, and have cited the backup testimony of witnesses who saw the lights. However, the Department of Justice's review referenced the original investigation, which found the lights were not on, pointing to an examination of the switch panel that showed the bow and stern light switches were in the “off” position.
The document also explored the issue of Perdock's speed.
His speedboat hit near the sailboat's stern with such force that it went airborne and landed on the sailboat's other side, according to investigative documents. Perdock stated during an interview with Sacramento County Sheriff’s Marine Services Unit Investigator Charles Slabaugh that he was traveling between 40 and 45 miles per hours for a short period of time shortly before the crash took place.
The review found that the law enforcement response – including initial rescue and handling of the parties involved – followed standard law enforcement practice, as did the handling of evidence. It also concluded that Mitchell's request for a third-party investigation was “prudent given the involvement of the Lake County Sheriff's Chief Deputy, even though he was off duty at the time of the incident.”
The investigative reports and records portrayed “a consistent chronology of events with few minor exceptions where date/time errors were made on three medical forms.”
Those errors dealt specifically with the time and date entries on the medical forms when blood draws were taken at Redbud Hospital for Perdock and Sutter Lakeside for Dinius and Weber. In particular, the errors made it appear that Perdock's blood draw was taken nearly 24 hours after the accident; similarly, request for blood draw forms for Dinius and Weber showed incorrect times and dates.
“It is likely that the mistakes on the forms were due to fatigue, or carelessness of staff members in the last few minutes of the calendar day,” the report states.
Ultimately, the report concludes that the investigation “appears complete.”
The Department of Justice review itself appears to contain a few errors, among them the incorrect date of death for Lynn Thornton; it stated she died the day after the accident, not three days later. The name of the chief investigator from Sacramento County also is misspelled throughout.
In addition, the report stated that two Sacramento County Sheriff's investigators “conducted the remainder of the investigation” beginning May 1, 2006. However, investigation records obtained by Lake County News show that two Lake County Sheriff's deputies remained active in interviewing witnesses and gathering evidence after May 1.
Mitchell's Friday statement noted, “Nothing in the DOJ's findings can be expected to relieve the family and friends of Lynn Thornton of their sense of loss. Nor can this report lift the burden of anxiety for all of the people who were directly impacted by this incident.”
However, he concluded that the report should remove from county residents “any remaining doubts or apprehension” about his office's handling of the incident.
Defense attorney reacts to report
In June the Lake County District Attorney's Office charged Dinius with vehicular manslaughter involving a vessel and misdemeanor boating under the influence of alcohol, because he is alleged to have had a blood alcohol level of 0.12, as Lake County News has reported.
Perdock is not facing criminal charges in the case, although the findings of an investigation conduct by the Sacramento County Sheriff's Office found broke federal inland navigation rules by not adhering to the “safe speed” rule, which requires that a boat operator at all times maintain a speed that allows them to stop the vessel “within half the distance of forward visibility.”
Victor S. Haltom, the Sacramento attorney defending Dinius, said the review was meaningless and addresses “no issues of consequence” in the case.
Pointing to the review's stated scope, which the document stated was based largely on Mitchell's request letter, Haltom contended in e-mail correspondence with Lake County News, “Thus, this was not an independent review process. In order for it to have been independent, it would have been necessary for the scope and direction of the review process to be determined by the reviewing agency (DOJ), rather than the agency being reviewed (LCSO).”
Haltom, who earlier this year filed a motion to have the District Attorney's Office removed from the case because of its close working relationship with the sheriff's office – which he argued would make it difficult for Dinius to receive a fair trial – said those close connections are ignored in the review.
“The report does not note that Sheriff Mitchell was a groomsman in Mr. Perdock's wedding,” he wrote. “The report does not address the close relationships between the various law enforcement officials involved in this case.”
Nor did the Department of Justice contact him or any representatives of Dinius' defense for the review, Haltom added. “Only one side of the story was reviewed: the necessarily slanted LCSO side of the story.”
The Department of Justice review only looked at the law enforcement reports the case generated plus the “informational interview” of Mitchell, Haltom said, further evidence in his opinion that it was not an independent review.
“This was one government agency's endeavor to determine whether another government agency's conduct can plausibly be characterized as 'good enough for government work,'” he wroted. “Since DOJ's 'Investigative Review' does not fit the bill under this lowly standard, it does not provide a justification for finding that LCSO's investigation was good enough for government work. It plainly was not, as will be seen during the litigation of this case.”
Haltom added, “The reality of this case is plain. Mr. Perdock's recklessness caused Lynn Thornton's death. He alone is responsible. He knows it. LCSO knows it. The prosecution of Mr. Dinius is a travesty. The DOJ report does not address these issues. It is meaningless, bureaucratic poppycock.”
Case has had previous Attorney General involvement
This isn't the first time the California Attorney General's Office has been called in on some aspect of this case.
As noted previously, Haltom sought to have the District Attorney's Office removed from the case. That necessitated a response from the Attorney General's Office, which appeared in Lake County Superior Court on Aug. 31 and it successfully argued against Haltom's motion.
District Attorney Jon Hopkins told Lake County News earlier this year that he also had asked the Attorney General's Office for an opinion on whether or not his office should prosecute the case and who should be charged before he moved forward with prosecution.
Following a case review the Attorney General's Office found no reason for Hopkins' office not to proceed with the case.
To read the full Department of Justice report, visit the Lake County Sheriff's Web site at http://lakesheriff.com/docs/doj_boat.pdf.
E-mail Elizabeth Larson at
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Nancy Anderson, 66, was injured when her 2000 Ford Taurus went off the road and hit the tree at 11:53 a.m., according to California Highway Patrol Officer Adam Garcia.
Anderson was driving westbound on Point Lakeview Road, east of Sunset Ridge Drive, when she failed to negotiate a right curve in the road, said Garcia.
Anderson's vehicle went off the road's north edge and struck a tree, said Garcia.
The crash left Anderson with severe injuries that were not, however, life-threatening, said Garcia. Her vehicle also received major damage.
There were no passengers or other vehicles involved, Garcia added.
Kelseyville Fire's ambulance transported Anderson to Sutter Lakeside Hospital for treatment, according to Garcia.
CHP Officer Steve Curtis is investigating the incident, Garcia reported.
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CLEARLAKE OAKS – A small, heartfelt ceremony on Thursday afternoon broke ground on a new community center that will offer services to young and old alike.
Members of Clearlake Oaks Community United Methodist Church, Supervisor Denise Rushing, county Deputy Redevelopment Eric Seely and other community residents gathered for the 1 p.m. ceremony, held at The Plaza at the site of the planned Thornton-Canady Community Center.
Church member Ginger Frank said the 4,350-square-foot, one-story building will feature a 400 square foot reading room which will also be used for senior day care; a 2700 square foot recreation room where teens and children can play basketball and badminton, and where community meetings and other special events can be held.
The center is named for the church's late pastor, Bill Thornton, and his wife, Associate Pastor Ruth Canady.
The Rev. Dr. Rick Schlosser, the church's senior pastor, led the ceremony, which included blessings and prayers for the property and its future purposes. Schlosser asked Canady to be the first to take a shovel and turn the soil at the site of the planned center.
“When we first came here, Bill had a vision,” said Canady.
Thornton and Canady worked with the church for years to help set changes in motion in Clearlake Oaks, which was acknowledged during the brief ceremony.
County Chief Administrative Officer Kelly Cox, who couldn't make the groundbreaking, sent along a letter with Rushing expressing his sincere appreciation to all those involved in the project.
“This facility, along with the reconstruction of The Plaza and the new Nylander Park, will make Clearlake Oaks a model for other communities in Lake County,” Cox wrote.
None of Clearlake Oaks' projects would have been possible without community involvement and support, said Cox, who credited the church and its members for helping make the community's dreams become realities.
“The renaissance that Clearlake Oaks is undergoing is a direct result of this community's resolve,” Cox wrote.
Cox said he was confident that Pastor Thornton “is looking down upon those gathered at The Plaza today with a smile on his face.”
Rushing added, “I am continually awed by the power of the heart and – when people decide to come together – what is possible.”
Seely added that Clearlake Oaks' community members are “building on each others' successes.”
Schlosser said the church family is dedicated to making the community better. He credited Canady for her guidance in teaching about the power of a small group of people who are willing to open their hearts.
He added that he hopes the center will be a place of welcome to everyone.
Church and community members shared how the power of teamwork and prayer had made a difference in Clearlake Oaks.
“I see such a fresh breeze blowing into this town,” said Steve Alden, the former chair of the church's building committee.
Ken Young, a Clearlake Oaks resident and a staffer at the Community Care HIV/AIDS Project-Drop In Center, said when he and his wife moved to the town seven years ago, it was a very different place. Meth labs were all over the Oaks then, he said.
“There's physical evidence that things are changing,” said Young.
Frank said construction on the building began last week. The ground where the building will sit had been raised and leveled with fill. Trenching for the slab and retaining walls scheduled to start after Christmas, Frank said.
The steel building cost $149,000, and came in pieces which need to be assembled, a process which will start in January, said Frank.
The finish work on the building's inside will be completed with volunteer labor.
Schlosser estimated that the total cost of the building and assembling its shell will reach $175,000, funds which the church accumulated through fundraisers and a loan from the California Nevada Conference of the United Methodist Church.
Eventually, the goal is to include a commercial kitchen in the building, said Frank, which is likely to raise the total construction cost to about $300,000.
Anyone interested in donating time or money to the effort is encouraged to call church treasurer Margaret Medeiros at 998-9563; or Associate Pastor Ruth Canady, 928-4453.
E-mail Elizabeth Larson at
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The House approved H.R. 2764 – the State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Consolidated Appropriations Act, 2008) – on a 272-142 vote on Wednesday, according to GovTrack.
Congressman Mike Thompson, who was unable to vote on the bill because he's recovering from surgery, issued a Thursday statement on the bill that praised parts of it and criticized others.
“The priorities of the federal budget over the past seven years have been completely out of touch with the needs of American families,” Thompson said in the statement issued by his office. “This spending bill invests in areas that will improve the lives of every American, such as education, health care, the environment and critical infrastructure projects.”
The bill included $227,000 for Lake County’s Middle Creek Ecosystem Restoration Project, which was secured by Thompson.
Anne Warden, Thompson's Washington communications director, said the funds will be used for a feasibility study on the project, which will restore 1,200 acres of wetlands and 500 acres of floodplain in the Clear Lake area.
The restoration project will reconnect the Scott’s Creek and Middle Creek to the historic Robinson Lake wetland and floodplain, as Lake County News has reported. These two watersheds provide 57 percent of the water flow into Clear Lake.
“Restoring Middle Creek will improve our area’s protection from flooding,” said Thompson. “It will also have a very positive effect on the wetlands surrounding Clearlake.”
However, in Thompson's view, the bill has definite drawbacks.
“Unfortunately, this bill also includes billions more for the war in Iraq – a war that has already cost our country $500 billion,” said Thompson, a Vietnam veteran who has been critical of the war since its beginning. “I am extremely frustrated that we continue to fund the president’s ill-advised war without any plans for bringing our troops home.”
E-mail Elizabeth Larson at
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