Thursday, 19 September 2024

Bayles: Dinius juror shares viewpoints on election

The interview Joan Moss did (published in the Record-Bee 5/6/2010) regarding my service as a juror on the Bismarck Dinius trial seems to be generating conversation, so I’d like to clarify myself, as I don’t “blog” but will admit I have seen some of them. I find blogs can be inflammatory, the information isn’t vetted, and some seem so angry and hostile that I am afraid the message of the importance of this election may get lost.


Joan made no mistakes in the article she wrote, but there is always a space limitation so on two occasions it wasn’t exactly what I meant to say. Someone misread it and said “it tells me that Dinius got out because of jury nullification … If the juror believed Dinius was NOT guilty she wouldn’t say he should have been charged.”


What I meant, in fact, was that I felt it was outrageous that they would charge Dinius and not the other two as well ... I still would have found Dinius innocent in the trial.


Another said they doubted the Dinius case would have ended favorably for him had it not received such international attention and condemnation. In fact, I still would have found Dinius innocent. I knew nothing (except one really old news article I had heard about) going into the case, and did not read the “drunken sailor” letter the district attorney wrote during the jury selection. Those who did were removed from the jury before the trial started. I just think it was inappropriate for him to have written it.


I didn’t seek out the press, and I wasn’t planning on taking any action other than to cast my vote after checking out each candidate and choosing my favorite. However, in attending the debates there were some statements made by the district attorney that I found offensive, so I decided to speak up when asked.


In the video of the first debate held in Lakeport (see the video at www.velocityvideoonline.com/video-040110-001.html), Mr. Hopkins said that he felt that the jury was tainted by the excessive pre-trial publicity. The solution to that is a judge changing the location, isn’t it? What about freedom of the press? I didn’t feel tainted and don’t believe the other 11 did either.


He also said that it was difficult to try because the boating laws largely were more applicable to boats more like vehicles, so that would be powerboats … that simply isn’t true and I felt that several of them applied to Mr. Perdock’s “driving” on the lake that night.


In addition to the ones Joan mentioned, there is a law about the overtaking vessel yielding to the vessel being overtaken. Oh, wait, he didn’t see them in time. Maybe that’s because he was going too fast in the dark? And there hasn’t even been much said about him having a friend’s teenage daughter on the boat. How reckless is that? I know she testified she wasn’t scared, but what thrill-seeking teenager would be? The point is, she could have gone down as well.


And during the trial, Jon Hopkins actually told the jury during his summary that whether we liked it or not there was no speed limit on Clear Lake, and that had Perdock not been going at that speed (fast!) more people probably would have been hurt. How outrageous! Less people would have been hurt if the boat was traveling at a safe five to 10 miles per hour in the bay portion of the lake where he was. I could go on, but let’s switch to Sheriff Rod Mitchell.


In the first sheriff candidates' debate on April 28 (see the video at www.velocityvideoonline.com/video-050110-001.html) Sheriff Mitchell mentioned that while it was tragic that Lynn Thornton died that night, other people suffered as well.


I don’t know exactly whom he was referring to, but yes … Yes, including Bismarck Dinius who suffered broken ribs and more. I think he paid for his mistake of a little too much wine maybe, or relaxing too much, or not being alert enough to save everyone from a speeding motorboat. Oh, wait! I don’t think he could possibly have done that if they were all stone cold sober, so the charges didn’t fit the crime and we found him NOT GUILTY. And I don’t regret it. Lynn Thornton’s family didn’t even want him charged, but the district attorney wouldn’t listen. He still isn’t.


In regards to the blood samples, though, I didn’t exactly say that Perdock had the key to the storage unit where his blood sample was stored. I did say he had access to blood samples related to the accident (maybe it was Dinius’ or Meyer’s, I can’t remember). But I believe that the second he was placed on administrative leave, he should have been denied all access to any physical or telephone, verbal, computer or other evidence related to the crime, and he was not. He was ordered to not access RIMS, but he did. Therefore, I could not trust anything he said or did.


Sheriff Mitchell said at the April 28 debate that anyone who tells you that anything could have been handled differently in that trial is filling you with misinformation. He also said that the drug lords are hoping that Rivero wins the election. Outrageous! I am a 63-year-old grandmother of 10 with no criminal or even DMV record, who doesn’t smoke grass, and I want Rivero to win. Some say he is an angry man. Well, I’m angry too! It’s time for a change.


I beg the residents of Lake County to register to vote if they are not, seek out the debate videos at www.velocityvideoonline.com, check the applicants' individual Web sites, read the media coverage and the candidates' free election materials, and let your conscience be your guide.


I personally have learned too much to vote for the incumbents. There are two alternatives to the incumbents for each office. Please show up and vote June 8. This is important to the three generations of my family who live here. How about yours?


Sandy Bayles lives in Hidden Valley Lake.

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