An Open Letter to Jon Hopkins

Dear Mr. Hopkins:

I was selected for the jury pool for today, Tuesday, July 7, in the case of the People vs. Bismark Dinius, the sailboat operator charged with manslaughter after being hit by a power boat operated by Russell Perdock. In that crash, Lynn Thorton was killed.

An hour ago, I was in the shower getting ready for court. Then it hit me. I could not participate in this proceeding, my conscious would not allow it. I have solemn respect for our system of justice and especially trial by a jury of one's peers. I have served on juries before and found it richly rewarding. It is a responsibility and duty that protects everyone's freedom.

In this case, however, something critical is missing, and that is justice. I have not prejudged Mr. Dinius' guilt or innocence. He may very well be guilty of operating a sailboat under the influence of alcohol, and perhaps without running lights. That is not my issue. My issue is that Ms. Thorton is not receiving justice for her untimely death. Blaming only Mr. Dinius, while allowing Mr. Perdock off from responsibility, is only half justice. And in my opinion less than half justice.

Mr. Hopkins, half justice is no justice at all.

Evidently, I have a different sense of jurisprudence than yourself. I cannot see how this trial is providing justice for the people of Lake County and Ms. Thorton. Therefore, I cannot appear in court and provide an implicit endorsement for these proceedings.

I realize there are penalties for failure to appear for jury duty, and I am willing to face whatever action you may feel warranted. I would rather pay a fine or serve time in jail than allow my civic duty to be wrongfully used. For that, I am sorry.

Dwain Goforth lives in Kelseyville.

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Way to Go Dwain Goforth!
written by Chris Thompson, July 08, 2009

Congratulations on standing up and telling the world what's on your mind about this stinking rotten farce being paraded around Lake County as "justice."

The justice that needs to be served is to the officer diving that speedboat, and the prosecutor who evidently knows absolutely NOTHING about maritime law which ultimately should prevail.

Sailboats under ANY condition have the right of way over powerboats.

Simple and clear.

To NOT charge the power boat operator (Russell Purdock) is a travesty of justice, but which unfortunately seems to be "de rigueur" here in lake County.

Best of luck to the sailboat captain who is the victim here along with Lynn Thornton.

NOTE: De rigueur is a French expression that literally means "of rigor" or "of strictness". In English language usage, it means "necessary according to etiquette, protocol or fashion."[1]

"De rigueur" is also a type of standard similar to a de facto standard, though de facto refers to a practice that is practically law.

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More jury pool tainting!
written by yellowwing, July 08, 2009

As with every other item in the news...main purpose is to taint the jury pool.

The entire purpose of a trial is justice...if you have made up your mind ahead of time WITHOUT all the facts then you have no business on the jury.

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Conspiratorial aren't we?
written by John, July 08, 2009

"As with every other item in the news...main purpose is to taint the jury pool."

Laughable except so many are likewise deluded. At least you're predictable.

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Dishonest bureaucrats.
written by James, July 09, 2009

Most just talk ,some do. When bureaucrats use government as a tool to foil justice and we blindly go along then you have the Dinius case. Someone has been lying that is plain to see. I would wager its those that oversee our rights. I know them to lie and to cover up the lies so how could I expect Mr. Dinius would receive justice? So Dwain Goforth I will be pleased to help pay your fee if charged. Give me justice keep your law.

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Thanks
written by Dwain, July 09, 2009

Thanks, James. We'll see if Hopkins wants to get some more publicity out of this.

And yellowwing, I didn't say I had made up my mind about Dinius. The jury will decide that. But what about the facts that might lead to the conclusion that Perdock was responsible for Thorton's death. My problem is that there will NOT be a jury for that. Mr. Hopkins, and Mr. Hopkins alone has decided Perdock is innocent and Dinius is guilty and has the power to bring it to court. I don't call that justice and I cannot participate in a process that does not include all the facts and decides who is responsible.

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P.S. yellowwing
written by Dwain, July 09, 2009

I hope you are not suggesting we get rid of newspapers so that juries won't be "tainted." Or is ignorance really bliss? How do justice and democracy work without information and knowledge?

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Dwain
written by James, July 09, 2009

I will assure you that this local government has been dishonest not only with the Dinius case but with their rhetoric when they raised their hand and took the oath "To defend the constitution". Ask the DA's office when they put in place a grievance form? 148 years late. I have said before and will say again those you complain about are the arbitrators of your complaints. With no oversight become arrogant tyrants and we are to bend at their well. I would remind all that its the justice system not the legal system.Dwain good show.

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...
written by concerned parent, July 10, 2009

Sailboats do not have the right away when they are out on a dark night with no runing lights on. Also, Mr. Goforth why publish your letter to Mr. Hopkins? Why not just sent it to him? What were you trying to accomplish by placing it in the newspaper? Trying to get a pat on the back? Or are you trying to taint the jury?

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concerned parent.
written by James, July 10, 2009

Might I ask if the sailboats lights were off and that's a fact? The sailboat has no right of way at night and is that a fact? I can't say way Mr. Goforth wrote his letter but will say this that he could not taint this case more than it has already been done by the bureaucrats in charge. He sees the injustice with this system and is making a stand. As I said most just talk but few do.

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James
written by concerned parent, July 10, 2009

I believe that the evidence will show that the lights were off on the sailboat at the time of the accident. Do I feel that this case has been handled properly, no. I agree with you that a lot of people are talkers but few do. I am a doer and sometimes it didn't make me very popular, but I feel you get no where by standing around and complaining. I feel that a lot of people are doing a lot of assuming and believing what they want to believe. I also feel that a lot of people are trying to get kudos by riding on the coat tails of this case. I can not for the trial to start so that all the evidence will be heard and seen. Even then, though I beleive that people are going to believe what they want to.

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Dear concerned parent
written by Dwain, July 11, 2009

Perhaps you don't know what an "open letter" is.

You can believe what you want to believe about the running lights. I have made no judgment. As for tainting the jury, just which way have I tainted it? Have I declared Mr. Dinius innocent or guilty? Just who in this thread has stated what the evidence will show? Why YOU just did. Looks to me like your mind is made up. Gee.

If all the evidence will be seen and heard, will the jury have the power to convict Mr. Perdock, if they think he is guilty? Of course not, Mr. Hopkins will not allow it. So where is the justice?

If Lynn Thorton could speak from the grave, do you think she would be satisfied with Mr. Hopkins actions?

Maybe you should think before writing. Good thing you aren't on the jury.

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Concerned parent.
written by James, July 11, 2009

You must know what we do not,for the trial has not started. Thus you are that certain of the outcome? We that speak out in words or the courthouse are voicing our discontent with the bureaucrats over this matter. I do not scream out for Mr.Perdock's hide nor the abuse of MR.Dinius. I will speak for me and only me there has been improprieties with this matter and all that has come out over the years show that to be a fact. Secondly as one of their recipients, that has felt their power backed by bureaucrats in this government. They will lie and they will cover up the lies to protect one of their own. My next step is the Attorney Generals office the paper work is completed. Unlike you Mr.Dwain Goforth gave his name and so you know I give mine James Henderson.

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Dwain.
written by James, July 11, 2009

The bureaucrats in this government assume the power not to confess to their wrongs. This government that gives us the law and consume years to do so,That is not justice. I give you this."First they ignore you, then they laugh at you, then they fight you,then you win" Mahatma Gandhi. We are infested with arrogant people and the power they hold and lost is who they serve.
Those that scream at us that speak out are the insiders or of the insiders. Thus the need for the statusquo. I have see all their rules,regulations,laws and procedures now give me justice you lying bureaucrats.

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...
written by concerned parent, July 11, 2009

I am well aware what an open letter is my point is why an open letter? Why not just send your letter directly to Mr.Hopkins? What was your motive?
James I agree with you, maybe the Attorney General should take over, I am afraid that even that will not be good enough for some people.
I strongly feel that this has gone on for too long. Everyone involved has deserved better than this, 3 years is a long time.

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concerned parent.
written by James, July 11, 2009

First let me say I thank you for your civility. I would like to give you a quote from Lord Acton." There is no error so monstrous that it fails to find defenders among the ablest of men"

I would like to repeat, a government that would consume three years of a persons life and he not stand before a jury is only the law not justice. Those that allow and those that do so are tyrants. Thank you.

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My motive?
written by Dwain, July 12, 2009

Well, I thought it was clear. To say in public that I will not participate in an injustice, even if it means a fine or jail.

Look up Thoreau, Gandhi, King and thousands and thousands of others who could not keep quiet.

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