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Mitchell: Debriefing the fatal boat crash of April 29, 2006 PDF Print E-mail
Written by Sheriff Rodney K. Mitchell   
Wednesday, 26 August 2009
It has been my standing practice to avoid comment about any matter pending before the courts so as not to influence a potential jury in any case. That applied to the matter involving Bismarck Dinius and the thousands of other cases that have been processed through the Lake County courts since I have been the sheriff.


In 29 years of law enforcement I have never seen an incident generate so much discussion, and consequently, so much concern for many citizens. The only problem with the discussion is that much of it has revolved around inaccurate sound-bites that served to evoke an emotional response. Even the most supportive citizen can become concerned when this kind of information is circulated repeatedly without confirmation of – or challenge to – its accuracy.


Of course, this department could do neither before the matter was resolved in the court. Now that the Dinius case has concluded, I want to assure that the public has accurate answers to their questions about this department’s involvement in the investigation.


It is my intention to release this department’s entire case file as a PDF on our Web site for the public’s review. Obviously very few citizens will have the time to read through a voluminous record like this. But those same people may have important questions about their Sheriff’s Department’s role in the investigation and they deserve answers to those questions. It will take a few days to get the PDF created but I will have it posted the moment that it is ready.


On Aug. 18, as closing arguments were being made in the Dinius case, I began coordinating with three people to assist with collecting questions from the public. The reason for using outside parties to collect and sort the questions is to allay concerns that we would choose only the questions to which we prefer to respond. This working group will include:


  • Elizabeth Larson, Editor and Publisher of www.lakeconews.com : I have asked Elizabeth to chair this committee because she is well known for being an unbiased collector of facts.

  • Phil Murphy, pear farmer from Kelseyville: I have asked Phil to serve on this committee because he is known as a citizen with a strong will, and a healthy skepticism of many aspects of government – including me and my department.

  • Helen Whitney, former county supervisor from District 1 and community volunteer: Helen is known as a fair and independent person who truly cares about this county and I wanted to assure that the south county was represented in this working group too.


This committee will review the questions to assure that they are relevant to our department. They will also synthesize multiple questions about the same topic or issue and assure that the questions represent the scope and the breadth of our involvement in this case.


Please send your questions to: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .


It is my duty to take every step necessary to fulfill our mission – SECURE THE PUBLIC’S TRUST. Transparency is an important part of that process. It is also my obligation to ensure that the members of this department are able to function effectively. They are both community members and service providers who must operate secure in the knowledge that the general public maintains confidence in them.


As a person who has responded to many tragedies, I know the impact that they can have on all parties involved.


Public safety officers often conduct a “debriefing” after a critical incident. This is a process of providing clarity where there are questions and healing where there are wounds. Asking and answering questions is a very important part of that process.


The fatal boat crash was a tragedy for all parties involved and for the many people who know and love them. The aftermath of this particular tragedy has made this a critical incident for the broader community as well.


Through this process we are inviting you to participate in a community wide debriefing of this critical incident and I look forward to the opportunity to answer your questions.


Rodney K. Mitchell is Lake County's sheriff, coroner and Office of Emergency Services director.

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Just one of many.
written by James, August 26, 2009
Of the Hopkins mold. It started the next day when the officer did not take a statement, there was lights on the sailboat. Three years folks and no one said."You know something seems wrong here." Your just as phony as Hopkins. What you are is always after the fact and you did nothing in that three years to stop the injustice of Mr.Dinius or the reporting of liars. Just a phony.
Thanks Rod
written by rickgunier, August 26, 2009
I can't remember an issue that has brought more negative press to Lake County. Many have been opinion, not law or facts. This offering of transparence and the committee chosen should go along way in restoring trust in our local law enforcement leadership.

P.S.- "James" get over yourself...time to move on.
get over yourself
written by sthelenaman, August 26, 2009
Kind of hard to get over something that a lot of people see as a serious miscarriage of justice in OUR county. Now after the fact the sheriff dicides to show transperency, especially with a election coming and being on the losing side. If the sheriff wants to do the right thing he should terminate Perdock. That would be a good first step. Then and only then would the citizens of Lake Co. take a look at what sheriff Mitchell stands for.
damage control statement
written by AnnieSmith, August 26, 2009
I appreciate this commentary. However, My husband and I lost a good friend who was systematically weeded out of this local SO department because of his honesty in "This Case." He was one of two officers we trusted and confided. We are from a county that has a pretty good justice system, sensitivity of citizens rights and an efficient IA department. I feel sorry for those of you in this county who feel "bully justice" will prevail.
Good Intentions?
written by solincobb, August 26, 2009
The committee formed by Sheriff Mitchell is comprised of good people, and I believe there will be many pointed questions presented. The tough part will be separating out the emotions (and anger) that this case has generated. We as a County have really taken it on the chin with the prosecution of this case, and it has disillusioned many people who have supported both the DA and the Sheriff.

The biggest question is; does the Sheriff’s Department have the capacity or desire to give straight forward answers? I expect the answers will be long rambling dissertations that manage to say everything and nothing at the same time. However, it must be said that opening up the information on the case for scrutiny is certainly the right thing to do, but I’ll hold off giving any further kudos or criticism for now.
MsHumbee
written by Gabandgo, August 26, 2009
Hey Mr. Mitchell, would you sing me another country song??? I love GARTH BROOKS!!! WOOOOO!!!

YEEEHAAAWWW!!
Mr.Rick Gunier.
written by James, August 26, 2009
I'm not into my self and I most definitely will not move on. I have no problem that you would believe in your"Rod". I have opinions that I know to be true and express them. He is a phony and he hides the lies of the dishonest in Lake county. I say again it started the next day after the accident by not taking a report the lights were on the goat. Mr. Perdock should have been on leave immediately. The time laps of three years and on one thought there was no impropriety's? If I did not know you I would think you were just incompetent. I know you to aide the liars in this county.
Question for Mitchell
written by janicekempf, August 26, 2009
Are you doing this because of the upcoming elections? Are you going to file charges against Perdock? Will you release the investigation reports on Perdock in the PDF? Will you admit to misdeed, and lies, from your office as to the handling of this case? "We the people" of Lake county have been watching you, and will continue to watch. You are an elected official. The voters, the people of Lake County, will come out in record masses for this election. We've had enough!
This said I am hopeful for the investigation.
written by Concerned_Sailor, August 27, 2009
This definitely goes in the too little too late category. "It has been my standing practice to avoid comment about any matter pending before the courts so as not to influence a potential jury in any case."

Nobody had a problem that you kept your mouth shut during the trial. This is especially true now that we see the type of drivel that comes forth when you do communicate.

What we all have a problem with is the crap that went on in your LCSO under your watch.

What kind of idiot allows a system where officers have complete and undocumented access to their own blood sample? How can you allow a system where one of your officers who understood the seriousness of the access problem has no better option to secure evidence than hiding it in the back of the fridge? You should be ashamed and embarrassed. A 7-11 that chose to drug test its employees would have had better practices than that.

29 years in law enforcement and you haven't learned the basics? Your years of experience only show that you are either too stupid or too lax because you should have picked up and implemented better policies doing those years. Were your officers lying when the testified in court that Perdock had access to his sample or are you incapable of running anything that remotely resembles a professional sheriff's office?
Transparency?
written by sailboat bob, August 27, 2009
If this is true why didn't the dinius/weber/thornton camp get access to the police report on the accident for 9 months? Perdock had it.
To Mithell
written by To Poor To Pay Attention, August 27, 2009
SOOOOOOOooo, What I hear Mitchell saying is that he will "CREATE" his PDF "AFTER" he has heard all the questions?? What happened to the "ENTIRE" Case File?? That's right, I get it. "IT ISN'T FINISHED YET" Let us see the Case File "FIRST"!! There "MIGHT" be some questions we haven't though of. I still want to know who "HELPED" him come up with this idea??And who is going to PREPARE the REPORT to follow the PDF?? The PDF Should show events as they happened. The "REPORT" will try to explain away the PDF. After all you can't BELEIVE EVERYTHING YOU READ. RIGHT MITCHELL???????
Another thing
written by To Poor To Pay Attention, August 27, 2009
It wouldn't Surprise me "IF" HOPKINS and MITCHELL came up with that letter to take the pressure OFF Hopkins and in return Hopkins wont charge Mitchell with anything when the time comes?? Does Statute of limitations go on after election.? I think they will drag it out so they can leave office without charges. Kind of like resigning be for you get fired?
Another thing
written by To Poor To Pay Attention, August 27, 2009
f "PERDOCK" signed into the SO Reports multiple times? Does anyone know how many times "MITCHELL" signed in on them??Might be OK for "MITCHELL" To be in there BUT THEN.???...... Maybe "PERDOCK" had help doing whatever he was doing in there???? Don't mean anything,"JUST THINKING OUT LOUD"
Another thing
written by To Poor To Pay Attention, August 27, 2009
I've been trying to find this for awhile,Does anyone know the date of the BOS meeting and why Officer Ostini was at a BOS meeting where Supervisor Brown would be questioning Officer Ostini "??????? "Yes there were several times he changed his story throughout the trial. First he said he was going 40-45, then it ws 35-40 and the third was 30-35. Officer Ostini when asked on the stand, said a safe speed would be 30-35 same as Perdock. BUT, then interesting thing about it is, at one of the BOS meetings when asked by supervisor Brown, how fast would you consider a safe speed at night when receiving a emergency call to go out on the lake. His reply at that time was no faster then 10-15 mph tops. This was filmed by tv8 and I gave this info to Haltom to show that Ostini was lying and trying to cover Perdocks speed."
Violin
written by a guest, August 27, 2009
music to soothe the banjo electorate. Play me another song as the question here is ethics. I have heard the stories over the years about overcharging, simple looking the other way. Hey how about that breathalizers that do not work.

Morons begetting morons. What would you expect from Flakes in Flake County.
Hey Rod.. Answer This!
written by Sphynx Queen, August 28, 2009
HEY ROD! ANSWER THIS!

Are you going to publish information about the interviews you buried --- Jeannie Strak & Doug Jones ?

Are you going to publish information about Perdock's access to the police records?

Are you going to publish information about the order to remove references to your presence at Bayshore right after the accident?

Are you going to publish information about the exculpatory information that exists, but that the LCSO has kept from Victor Haltom, according to LCSO deputies?

Are you going to publish information about the still not-released 911 and dispatch calls, e.g., Hans Peter Elmer's calls?

Are you going to publish information about your relationship with Hopkins and the involvement he had in the unjust decision to prosecute Bismarck rather than Perdock?

Why don't you just come clean, rather than engaging in transparent, dishonest politics?

Do you really think the Public is going to "buy" your lame attempt at damage control? Sorry Darling, Its too late. And I was just curious.. Do you guys buy "White Out" by the 55 Gallon barrel size? Order Hard Drives by the case to attempt to cover your Internet tracks? You must think that the Public is as Dumb as Rocks... Both you and Hopkins lack salesmanship skills. No One is Buying what you are trying to sell. Maybe you should start selling Kirby Vacuum's... going door to door.. Or Amway? Or try Mary Kay?... You guys might Win a Pink 1976 Ford Pinto.

What about contacting the victim's family?
written by CAS, August 28, 2009
Mr. Mitchell:
How about answering this question: Why didn't you or anyone from your office or the DA's office, ever contact ANYONE from Lynn Thornton's family? Isn't it NORMAL to contact the next of kin and family members of the victim and let them know that you are investigating the case to see the JUSTICE is done??? Were you even aware that Lynn's family members called your office numerous times immediately after the accident and NO ONE from your office would even talk to them??? Let me tell you what happened when we called - we were HUNG UP ON! Your office also ignored the family's statements that the wrong person was being charged - another FACT that was proven with a NOT GUILTy verdict for Mr. Dinius. These are the hard FACTs AND TRUTHS Mr. Mitchell and I'd really like to know your response.
MsHumboldt
written by Gabandgo, August 28, 2009
Mitchell has already made up his mind on the issues and needs to make it look like he had people "input" their opinions on the matter. That way he seems fair and balanced like Fox. The Clearlake Police Department watches Fox News, i wouldn't what the LC Sherriff's watch?
I WONDER WHAT??!?!
written by Gabandgo, August 28, 2009
hahaha smilies/tongue.gif
You saw his truth.
written by James, August 28, 2009
With the Dinius case we saw his truth. In three years he saw no impropriety's. For if he was looking for justice this would have come to a stop. He is just as responsible as Hopkins over this matter. Their arrogance because no one said their not god. With out the likes of Mr.Jerry brown to say you can't do that ,they did.
Sleight of Hand
written by TAPS, August 29, 2009
Watch out for Rod's sleight of hand. While you are focused on his right hand and the disclosure of the SO file on the Dinius case, his left hand is redacting records regarding Garzoli's high flying tricks and Rod is making incomplete disclosures to the BOS.
You know him well.
written by James, August 29, 2009
You got Him to a tee. I do think he has allowed his arrogance to get the best of him this time. "Oh what a tangled web we weave when first we practice to deceive" Sir Walter Scott. What was Mitchells reaction when he found out a employee did not take a statement that others saw the lights on. If Its a personnel matter, then what did you do to correct it and did you tell Hopkins? Need to do some tall talking.Mitchell.
Our Community is screaming, but alas, our officials are not listening?
written by getsoulful, August 29, 2009
I ponder, why has the Lake County Board of Supervisors not taken a NO CONFIDENCE vote on the District Attorney and the corrupt Sheriffs Dept.? Are they in support of the outrageous and illegal conduct of these two offices? If the citizens of the community have been voicing thier opinions for years, why has it fallen on deaf ears? smilies/cry.gif
This government is about them for them.
written by James, August 30, 2009
getsolful: We have been screaming for years. The problem is there the arbitrators of complaints about themselves.The board of supervisors are part of the GOB's. Where has the grand jury been? In the lap of this government. It took the death of a person and the blatant in your face going after the wrong person to wake some of you up. They have been dishonest over so much that time will bring it out.
Waiting
written by Dwain, September 01, 2009
"It will take a few days to get the PDF created but I will have it posted the moment that it is ready."

It's been a week and we're still waiting.

Just eat some more cake.
written by James, September 02, 2009
Dwain: Its a personnel matter allows dishonesty in government and leads to the arrogance of those that ask to lead. You can hide lies and the cover up of those lies starting with its a personnel matter. I have found Mitchell not to be a honest person and getting to the truth in this government is imposable with higher authority.
Whats the difference?
written by To Poor To Pay Attention, September 04, 2009
If a Officer stops you and asks to look in your trunk do like Mitchell did when a few questions were asked. Tell them that you don't have the keys with you. And that when you find the keys, you will stop by the station and let them look. "see how far you get with that"
Take a Hint.
written by To Poor To Pay Attention, September 07, 2009
Good work
written by James, September 07, 2009
To Poor To Pay Attention: As the kids use to say right on. Not from this bunch.Its the arrogance of power held to long.So there is no wrong in their eyes.
Another thing
written by To Poor To Pay Attention, September 07, 2009
To poor To Pat Attention
written by James, September 08, 2009
The complaint form will not work if you are reporting one of them. It took this government 148 years to put one in place. The grand jury is a joke and the DA's office did have a form as well.This is a government that aided the employees to lie and cover the lies up.Hear me board of supervisors you were part of it.The lies start from is a"employee matter".
Two Weeks
written by A_Boater, September 08, 2009
Ok. It's now been two weeks. Where are the materials?


We're waiting....
A_Boater beat me to it.
written by Dwain, September 08, 2009
Yes, what about that PDF, Sheriff?

We are not going to go quietly. There is still that issue of justice under law.



It is all over
written by zackhack, September 08, 2009
I think the hand writing is on the wall. Mitchell is toast and so is the D.A. I am willing to bet dollars to donuts that neither will be in office this time next year. If thay had ANY CLASS they would both just resign. If the voters of Lake Co. don't turn them out of office, then they deserve to live with what has been going on for the forseeable future. Who in their right minds would openly support such dis-honest people? Curtins coming down boys, and next will be the Supervisors who aidded and abbetted
Oh--one more thing
written by zackhack, September 08, 2009
ANY business who supports these crooks should be boycotted by every honest resident of Lake Co.
Not true.
written by James, September 08, 2009
zackhack:Not true. There are more that know little about Mitchell of Hopkins. Look how fast a jury was formed. This site has only a few subscribers. No TV and little radio. Most could care less so put signs on you yard let people know.Or else. The other paper only has 7,ooo subscribers so you can see most could care less.
Clarification
written by elarson, September 09, 2009
James' comment above about this site having "only a few subscribers" is way off base and completely inaccurate. The comment about the other publication's circulation numbers also is not correct.
elarson
written by James, September 09, 2009
First if I'm in error some of the information was giving to me wrongly.The remarks on your sight was from the number of respondents to your news story's.That said my point was that there are less that care about Hopkins or Mitchell over the Dinius case. That I was of the view that to gather the jury so quickly was a indicator that lack of information. It was not my intent to miss lead or lie for any cause I might have.I might have said it badly but I state again it was only to point out the apathy of the people. So elarson you have took offense and with that I offer my apology.
Get Ready For Next "CASE"?
written by To Poor To Pay Attention, September 10, 2009
So, aren't there still a lot of unanswered questions? Or maybe I just missed them.

Is Perdock still on paid medical leave? i thought it was supposed to last for only 45 days.

What about the internal investigation of Perdock, that Hopkins said had some bearing on the case?

What about the 911 calls that they found, can we ever hear them?

What about Beland's file and why he was fired?

What about the DNA tests of the blood sample? Was that just a red herring set up by the defense?

Has anybody had the slightest response from the fbi as to weather they have any interest in this case or not?

What about the Sacramento DA?

I'm sure there are other unanswered questions. Like where is the Mitchell report?
Get Ready For Next "CASE"?
written by To Poor To Pay Attention, September 10, 2009
When the Mitchell Report comes out, It will be filled with Strategy/Tactics "OOPS" no room for the truth.

Denial

Simple Denial

Shift Blame

Evade Responsibility

Provocation

Defeasibility

Accident

Good Intentions

Reduce Offensiveness

Bolster

Minimize

Differentiate

Transcend

Attack Accuser

Compensate

Corrective Action

Mortification
...
written by mortis, September 10, 2009
The people of Lake County already know the truth, Sherrif. You and the good old boys are using the blue shield (green shield?) to protect one of your own. Nothing like prosecuting an innocent man to divert attention and let the statute of limitations run out. There is a word for ruining a man's life to protect one man's carreer: corruption. You can also add conspriacy, evidence tampering, false inprisonment, malicious prosecution and aiding-and-abetting.

Though I do respect the honesty of Ms. Larson and the other committee members, their conclusion will be irrelevant. Thanks to you, the real bad guy got off. The innocent man, however, can look forward to a lifetime spent explaining his previous arrest (For instance, I get stopped at the international border because as a school employee, I have been fingerprinted....I can only imagine what an arrest for murder or mansalughter would do to your reputation in the government databases).

If you're so concerned about justice, Sherrif, then stop with the bald faced lies. None of us are buying your story. You and Hopkins are conspriring liars who betray the public trust.
Here it is
written by elarson, September 10, 2009
Experince?
written by To Poor To Pay Attention, September 11, 2009
Don't know if it was Arrogance? or Bad Judgment? They learned a good lesson this time! Next time they should spend more time and money Rigging the Jury. They got so blinded by the cover up and lies they didn't realize the light at the end of the tunnel was a train, "aka" JURY.
Another thing
written by To Poor To Pay Attention, September 11, 2009
Here is some thing else you didn't know about Rivero? It's Worth reading www.pacificsites.com/~lakenews/mitchellopen.shtml
Get Ready For Next "CASE"?
written by To Poor To Pay Attention, September 11, 2009
Public safety officers often conduct a "debriefing" after a critical incident. This is a process of providing clarity where there are questions====It has been my standing practice to avoid comment about any important questions about their sheriff's department.It will take a few days to get the PDF created THEN This committee will review the questions to assure that they aren't relevant to our department."smilies/wink.gif
Get Ready For Next "CASE"?
written by To Poor To Pay Attention, September 11, 2009
Any power that can be abused will be abused.
— Tyranny Law #1

Abuse always expands to fill the limits of resistance to it.
— Tyranny Law #2

If people don't resist the abuses of others, they will have no one to resist the abuses of themselves, and tyranny will prevail.
— Tyranny Law #3 Besides usurpations, there is a larger class of abuses which include corruption and violations of constitutional statutes. It becomes a matter of special concern to citizens when officials conspire with one another to not enforce the law against such corruption, and use the resources of government and the powers of their offices to cover up such crimes or otherwise protect the perpetrators, whether such crimes are committed by officials themselves or by powerful persons who are allowed to become a privileged class that is above the law. When officials fail to enforce the law, citizens must step in and take action to see that the laws are enforced, and replace those officials with others who will do their constitutional duty.---their constitutional duty.---Why the CGJA Avoids the Term “Civil” Grand Jury
http://www.cgja.org/gjbackground.php
Purdock Boat License Expired in 2005
written by TangledTongueTwister, September 15, 2009
Is Purdock too cheap to pay for his boat license? How come the one photograph of that never made it into the Sacramento report? It clearly was expired according to the sticker at the time he killed Lynn Thornton and injured others. What's the punishment for operating an unlicensed powerboat in California?
PDF Questions To Liz Larson
written by Morningstar57, September 16, 2009
Hey liz, can you give us a ETA on the committee answering all the questions that were submitted? I'm sure there are many of them and alot of duplicates and it will take time to go through. Guestamation as to when we may here and most of all, how will you address these questions in order to get the answers out to the public. Will it be in the paper or will Mitchell be sending out another file via internet?
Thanks
Gina
Questions
written by elarson, September 16, 2009
Gina,

The committee isn't answering the questions. We're about to submit the questions we've compiled to the sheriff who will work on answering them and then will post them on his site. We'll also post them here. I'm reluctant to give an ETA on how long it will take the sheriff to answer the questions, but he's indicated a desire to get them done quickly, so hopefully in a few weeks. But don't hold him to my estimate.

EL
Question abut questions
written by zackhack, September 16, 2009
How will the public know that the Sheriff hasn't picked through the questions and just answered those that he wants to answer? I don't think L.C.News is susposed to play policeman, but with the antics of the S.O. no one will know just how many questions were submitted vs. how many were answered.
Answering the questions
written by elarson, September 16, 2009
The committee is going to give him a list of questions, so someone will know how many questions were submitted and if they were answered or not. That likely would be the subject of a followup statement by the committee.

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