At left, Rick William Robison's Mendocino County Jail booking photo, taken Wednesday, May 20, 2009. At right, a surveillance photo of the suspect from the Ukiah Bank of America robbery on March 24, 2009. Photos courtesy of the Mendocino County Sheriff's Office.

Rick William Robison, 55, was arrested by Mendocino County officials after he allegedly robbed the Savings Bank of Mendocino's Hopland branch.

The Mendocino County Sheriff's Office issued a statement Wednesday in which the agency said it was continuing to investigate Robison's connection to other incidents around the county.

Robison is a suspect in other bank robberies in Mendocino, Napa and Sonoma counties, according to statements to North Coast media on Thursday.

His booking sheet, released Thursday, shows that at 5 feet 9 inches and 170 pounds, with graying hair, he matches the physical description of the suspect in those cases.

Officials had reported on a series of bank robberies in the three-county area, including the robbery of the Windsor Bank of America on March 17, the Ukiah Bank of America on March 24, the US Bank on Jefferson Street in Napa on March 26 and the Chase Bank in Willits on March 31.

The suspect in those incidents handed a note across the counter to the bank teller; in the Napa County case, the demand note was written in crayon. He was spotted leaving the Napa robbery in a white four-door Cadillac sedan. No weapons were seen in the robberies and no one was hurt.

Surveillance photos of the suspect in those cases also shows a figure who looks like Robison.

The Federal Bureau of Investigation has been working with the Ukiah Police Department and the sheriff's office of Sonoma, Mendocino and Napa counties in investigating the case.

Robison was being held on $75,000 bail for charges of robbery and using fear as an element on Thursday.

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In the foreground, a decorative wall at the Lucerne Community Art Project, with the decorative bench and arch in the background. Photo by Elizabeth Larson.

LUCERNE – A portion of Lucerne is getting a new look thanks to a public art effort.

Community members of all ages are taking part in the Lucerne Community Art Project, which is being built at the corner of Eighth Avenue and Highway 20, on the edge of Lucerne Creek Park.

Natural building expert Massey Burke is overseeing the effort, which is building a community bench with a small arch and decorative walls with earthen building techniques, including adobe and cob.

The project began May 9 and will run through this Sunday, from noon to 5 p.m. daily.

On the project's first weekend, volunteers started off by making about 200 of the nearly 300 adobe bricks that will be used in the project, said District 3 Supervisor Denise Rushing, who spearheaded the effort.

Burke said she's seen a wide variety of community members dropping by during the days to help – from seniors to small children and their parents.

She said the red clay-laden soil being used for the bricks came from Tom Carter's Upper Lake property.

Burke is an experienced natural builder who took part in creating an arch of earthen materials that was temporarily featured in an exhibition on the National Mall in Washington DC.

Clearlake Oaks residents Bill Rett and Judy Barnes have been faithfully making the trip – mostly on weekends but with an occasional weekday thrown in – to work on the project and learn natural building skills.

“That's why we got interested in this – because we wanted to learn the techniques,” said Rett.

Barnes said the project has moved along “faster than I thought it would.”

Just over the last week the arched bench has popped up, with the decorative walls and a decorative feature on the Lucerne Creek Park sign also quickly coming together.

Barbara Hepburn of Hidden Valley Lake has made the trip every day to work on the project.

She said she's part of Burke's “building tribe,” which is creating structures for Sol Fest at Hopland's Solar Living Institute.

Hepburn took natural building classes from Burke previously, but she said the only way to really learn the technique is to get out and do it.

This week she was up to her elbows in natural clay and stray, and using her hands to shape the materials on the frame of the arched bench.

Hepburn said not only is she learning more, she's helping teach others, “and realizing I know more than I thought I did.”

Volunteers hope to take what they learn and put it to work on their own projects. Rett said he and Barnes want to build a small arched bench seating area like the park's at their own home.

Burke said the project is right on schedule. Because things have moved along well, she said she's thinking of adding some additional structural details.

She also is going to have a garden party on Sunday.

Fifteen yards of topsoil have been donated to the park beautification effort, and on Sunday afternoon – after it starts to cool off – community members are invited to come and help plant a garden.

Burke suggests those who want to participate should bring shovels, wheelbarrows, drought-resistant plants and plenty of ideas.

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Barbara Hepburn mixes the natural building materials used in the Lucerne Community Art Project on Eighth Avenue and Highway 20. Photo by Elizabeth Larson.

Voters rejected the financial package by wide margins. The only proposition to pass was 1F, which would prevent certain elected officials from receiving salary increases during years when the state has a deficit.

Lake County voters closely mirrored the overall state results. With all 27 precincts reporting, Lake County voters said no to Propositions 1A through 1E, but approved Proposition 1F.

Registrar of Voters Diane Fridley's office reported that of the 33,010 registered voters, 9,746 – or 29.5 percent – case votes in Tuesday's special election.

Of that total, 11 percent, or 3,626 ballots, were cast at precincts, with 6,120, or 18.5 percent, cast by absentee.

Absentee, or vote by mail, voters have grown to account for about half of the county's registered voters, as Lake County News has reported.

Fridley reported that her office started processing absentee ballots last Friday. The official canvass will begin Wednesday and will continue daily – with the exception of weekends and the holiday – until completed.

The local and state results for the special election ballot measures are as follows, according to the Registrar of Voters office and the office of California Secretary of State Debra Bowen.

Proposition 1A: “Rainy Day” Stabilization Fund

Lake County

Yes  3,259  33.7%

No   6,399   66.3%

California

Yes   1,327,400   34.1 %

No    2,555,519    65.9 %

Proposition 1B: Education Fund Payment Plan

Lake County

Yes   3,586    37.2%

No     6,063   62.8%

California

Yes   1,452,535    37.4%

No     2,421,906   62.6%

Proposition 1C: Lottery Modernization Act

Lake County

Yes   3,384   35.0%

No    6,271   65.0%

California

Yes  1,368,222  35.4%

No   2,493,770   64.6%

Proposition 1D: Children's Services Funding

Lake County

Yes   3,121   32.4%

No    6,514    67.6%

California

Yes   1,324,252   34.2%

No    2,536,657   65.8%

Proposition 1E: Mental Health Fund Temporary Reallocation

Lake County

Yes     2,953    31.1%

No       6,557   68.9%

California

Yes   1,292,437  33.6%

No    2,549,361  66.4%

Prop 1F: Elected Officials' Salaries

Lake County

Yes     7,192    75.3%

No       2,358    24.7%

California

Yes     2,859,122   73.9%

No      1,010,457   26.1%

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Properly cleaning and drying will also protect boats and help boaters avoid quarantines or being turned away from a water destination.

"Vehicles with watercraft are being stopped at California border stations for inspection," said Food and Agriculture Secretary A.G. Kawamura. "In the last two years, we have inspected tens of thousands vessels crossing into California and have confirmed adult mussels on 323. Each of those finds meant we saved a California lake or reservoir from exposure to this invasive species."

Lake County has a mussel prevention program that requires boats have an inspection sticker before launching. The Lakeport Regional Chamber of Commerce, 707-263-5092, has more information about the program.

The mussels are a threat to California agriculture because they can clog irrigation canals and other elements of the state’s vast water delivery system.

Efforts to keep the mussels out of California help officials and taxpayers avoid costly repairs and maintain efficient water movement.

“Quagga and zebra mussels pose a serious threat to our waters and fisheries,” said Department of Fish and Game (DFG) Director Donald Koch. “The spread of these mussels threatens aquatic ecosystems and fisheries, water delivery systems, hydroelectric facilities, agriculture, recreational boating and fishing, and the environment in general. Boaters should be prepared for inspections throughout the state designed to help ensure California’s water bodies remain mussel-free.”

In addition to being sure to clean, drain and dry watercraft, the Department of Boating and Waterways (DBW) urges boaters to plan for possible launch restrictions and inspections by calling water bodies before leaving home. Programs and requirements vary and can change rapidly.

“Anyone planning to go boating should contact their destination about local restrictions or requirements,” said DBW Director Raynor T. Tsuneyoshi. “At some locations, potentially contaminated vessels – those not properly cleaned, drained and dried – could be turned away.”

Quagga and zebra mussels can cause severe problems for boaters and water enthusiasts. They can:

• Ruin the engine by blocking the cooling system – causing overheating;

• Increase drag on the bottom of the boat, reducing speed and wasting fuel;

• Jam steering equipment on boats;

• Require scraping and repainting of boat bottoms;

• Colonize all underwater substrates such as boat ramps, docks, lines and other underwater surfaces requiring constant cleaning.

To help prevent the spread of these mussels, boaters should inspect all exposed surfaces, wash boat hulls thoroughly, remove all plants from boat and trailer, drain all water, including lower outboard units, clean and dry livewells and bait buckets and dispose of baitfish in the trash. Watercraft should be dried for at least five days and up to 30 days depending upon the weather between launches in different fresh bodies of water. These steps are designed to thwart spread of the invasive mussels, safeguard boats and preserve high quality fisheries.

“We are strongly encouraging boaters to arrive at State Park reservoirs with clean and dry vessels to ensure they are granted access,” said Ruth Coleman, director of California State Parks. “Boaters may have their vessels inspected and we hope that people understand and cooperate to stop the spread of this destructive invasive species.”

California law makes it illegal to possess or transport quagga or zebra mussels and gives DFG authority to stop, detain, search and quarantine boats suspected or determined to be contaminated with mussels. Additional agencies have been granted this authority including the Department of Food and Agriculture (CDFA) and Parks.

Zebra mussels inhabit water depths from four to 180 feet, while Quagga can reach depths more than 400 feet. Both mollusks can attach to and damage boat trailers, cooling systems, boat hulls and steering equipment. Mussels attached to watercraft or trailers can be transported and spread to other water bodies. Water in boat engines, bilges, live wells and buckets can carry mussel larvae (called veligers) to other water bodies as well.

Quagga mussels were first detected in the Colorado River system in January 2007 and were later found in San Diego and Riverside counties by state and local water agencies. Zebra mussels were discovered in San Justo Reservoir in San Benito County in January 2008.

A public toll-free number hotline has been established for boaters and anyone involved with activities on lakes and rivers seeking information on the invasive and destructive auagga mussels at 1-866-440-9530.

For more information on the quagga/zebra mussel response and what you can do, please visit the DFG Web site at www.dfg.ca.gov/invasives/quaggamussel.

The ceremony will take place at 6 p.m. in the gymnasium at the Ukiah campus.

The following is the list of Lake County graduates with the following notations: H1 – with Honors; H2 – Dean’s List; H3 – President’s List; H4 – Highest Honors; PTK – PTK membership.

Hidden Valley Lake:

Bradley Finley: AA, Liberal Arts; AA General Studies

Erica S. Park: AS, Registered Nurse

Chantal Stanton: AS, Registered Nurse

Finley:

Letitia Garcia: AS, Child Development/ Family Relations

Kelseyville:

Adriana G. Arroyo: AA, Liberal Arts

Timothy Boyd: Cert, Business - Management

Btaka T. Brown: AS, Administration of Justice

Margaret Catterton: AA, General Studies

Diana R. Dixon: AS, Business - Management

Meagan Duncan: AA, General Studies

Johnie W. Finch: AS, Automotive Technology; Cert, Automotive Technician; Cert, Automotive Chassis Specialist; Cert, Automotive Tune-Up and Electronics Specialist

Jennifer J. Gentry: AS, Registered Nurse

Tammy L. Hamil: AA, Psychology

Mitchell Higley: AS, Administration of Justice

Jose O. Jimenez: AA, Liberal Arts

Hollie Johnson: AA, Liberal Arts

Michael A. Jonsen: PTK; AA, Psychology

Tracy Klein: AS, Business – Management; AS, Business - Accounting

Joshua Lauderdale: PTK; AA ,Liberal Arts

Andrea I. Lewis: AA, Liberal Arts

Monica Martinez: AS, Business - Administration

Maria Del Rosario Medina: AS, Child Development/ Family Relations

Raylene Morin: AA, General Studies

Carla Mottor: Cert, Child Development

Monique Redding: AS, LVN to RN Career Ladder

Megann Rubash: AA, Liberal Arts

Lakeport:

Jenny Allen: AA, Liberal Arts

Lori Bacci: Cert, Business Office Technology - Medical Billing/ Coding

Jenean N. Ballard: AA, Liberal Arts

Melissa Borg: H1; AS, Child Development/ Family Relations

Quincey-Kaye J. Bourgeois-Butler: PTK; AA, Liberal Arts

Jennifer K. Carley: AS, Mathematics

Rebecca Combs: AA, General Studies

Maria Del Rosario Damas: PTK; AS, Mathematics

Carlos David De Luna: AS, Business – Management; AS, Business – Accounting; Cert, Business - Management

Nikol K. Deccanier: AA, Liberal Arts

Isaac F. Eaquinto: H2; PTK; AA, Liberal Arts

Susanna De Angelo Fraser: AA, General Studies

Georgina M. Guardado: AS, Administration of Justice

Linda J. King: PTK; AS, Registered Nurse AA General Studies

Mark Leon: AA, Liberal Arts

Daniel S. LoDolce: H1; AS, Business - Administration

Amanda Lyons: AA, General Studies

Patrick W. Mick: AA, Social Science

Nicole M. Reimers: H1; Cert, Business – Management; AS, Business – Management; AS, Business - Accounting

Refugio Rosas: AA, Liberal Arts

Molly C. Ryan: AA, Social Science

Pamela J. Salsedo: AS, Business – Management; AS, Business - Administration

Michael D. Swartz: AS; Computer and Information Sciences; AA, Liberal Arts

Ashton Vagnone: AA, Liberal Arts

Breanne Vanlanen: AA, General Studies

Lower Lake:

Axel R. Zijderveld: AS, Administration of Justice

Wynton C. Zijderveld: AS, Fire Science

Lucerne:

Timothy Matlack: AS, Business Administration

Melody N. Shepherd: AA, Liberal Arts

Middletown:

Nicolas A. LaVelle: H1; AS, Administration of Justice

Nice:

Debra A. Gardner: H2; AA, Liberal Arts AA Social Science

Luke Gardner: H3; AA, Social Science AA Liberal Arts

Megan M. Gardner: H3; AA, Social Science; AA, Liberal Arts

Jessica Lane: AS, Child Development/ Family Relations

Kimberly R. Marcks: AA, General Studies

Terri J. Rave: AS, Business - Management

Upper Lake:

Christina D. Birge: AS, LVN to RN Career Ladder

Robin L. Boke: AS, Child Development/ Family Relations

Roy McCutcheon: AS Computer and Information Applications

Cecil White: AA Liberal Arts

California Highway Patrol and emergency responders look over the crash scene, located at 13th Avenue and Highway 20, on Thursday, May 21, 2009. Photo by Elizabeth Larson.

Sue Ellen Sannes, 62, of Clearlake Oaks and Bryan Voyles, 39, of Herald were injured in the crash, which occurred near the intersection of 13^th Avenue and Highway 20 just after 1 p.m.

The California Highway Patrol said Sannes was arrested for felony DUI – in this case, driving under the influence of prescription medication.

The CHP reported that Sannes, traveling westbound in a small 1986 Honda, failed to negotiate a slight curve and went into the eastbound lane, where she collided head-on with Voyles' 2003 Chevrolet minivan.

California Highway Patrol Sgt. Bill Holcomb said Sannes was driving in the highway's center turn lane before going into Voyles' lane. A witness claimed she had been in the center lane for about a quarter of a mile before her car crossed over into the eastbound lane.

Traffic for several blocks around the crash scene was reduced to one lane as Northshore Fire took care of the crash victims and CHP investigated the scene.

Sannes was trapped in her vehicle, with her ankles crushed under the engine firewall, and had to be extricated by Northshore Fire personnel. Holcomb said she suffered major injuries to her legs, including broken ankles.

Voyles suffered moderate injuries to his legs and complained of abdominal pain and was transported to medical care on precaution. Holcomb said that injury may have been caused by the seatbelt, as there were no intrusions in the inside of the vehicle.

A landing zone was set up for air ambulances at the end of 13^th Avenue at Highway 20, a short way from where the crash occurred.

There, a REACH helicopter landed to transport Sannes to Santa Rosa Memorial Hospital's trauma center. A short time later, a CalStar helicopter landed and took Voyles to UC Davis Medical Center.

Voyles' wife and four children – the children ranging in age from 4 to 13 – were transported to Sutter Lakeside Hospital via Northshore Fire Protection District's ambulance due to complaints of pain, Holcomb said.

Due to her injuries, Sannes could not be booked into the Lake County Jail.

CHP Officer Brendan Bach is leading the crash investigation.

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REACH air ambulance takes off to transport Sue Ellen Sannes of Clearlake Oaks to Santa Rosa Memorial Hospital on Thursday, May 21, 2009. Photo by Elizabeth Larson.

Northshore Fire personnel load Brian Boyles of Herald into a CalStar air ambulance on Thursday, May 21, 2009. Voyles was taken to UC Davis Medical Center. Photo by Elizabeth Larson.

The Mendocino County Sheriff's Office reported that the incident occurred at Savings Bank of Mendocino County on Highway 101 in Hopland shortly before 3 p.m.

Authorities were alerted by a 911 call reporting the bank robbery.

When deputies arrived witnesses told them that the suspect – a white male adult – had fled in a vehicle, which witnesses described, according to the sheriff's report.

Deputies and Ukiah Police, along with the California Highway Patrol, searched the area for the vehicle, with CHP stopping a vehicle that matched the description at about 3:30 p.m.

Officials said the vehicle's single male occupant was detained and witnesses identified him as the person who allegedly robbed the bank. Evidence found in the car is alleged to have confirmed his involvement in the robbery.

The suspect, who was arrested at the scene, was not identified by officials on Wednesday.

Sheriff's officials said an investigation into the suspect's possible involvement in other robberies currently is under way.

The event will take place in the quad area of the college campus, 15880 Dam Road Extension in Clearlake.

Three ceremonies are scheduled for the canopy-covered quad. The processional march for students receiving the associate in arts or associate in science degrees will begin at 7 p.m. Board of Trustees Member Brent Hastey will confer the degrees. Student speaker will be Mary Blakely-Pulido, and master of ceremonies will be campus Dean Bryon Bell.

A graduation breakfast will be held at 9 a.m. on Friday. The student speaker will be Wendy Coleman. GPA certificates will be awarded at this time.

The following local students will receive associate degrees:

ASSOCIATE IN ARTS

Maxx J. Bartlett, Robert Adam Besgrove, Sean David Fielden, Maria Lynn Fortino-McCuan, Anna V. Ventsko, Melissa Emeline-Mae Warner and Brad E. Wight of Clearlake; Mireya Clizbe of Cobb; Brianna Leigh Cook and Jon Robert Davison of Lower Lake.

ASSOCIATE IN SCIENCE

Megan Roth of Casa Grande, AZ; Regina Dawn Amaral, Mary Elizabeth Blakely-Pulido, Wendy Raeann Colemen, Donna Elizabeth Cummins, Rachel Annia Emming, JoAnne Lynn Fortino, Raxita Dhanpal Gandhi, Beth Ann Jenkins, Anthony Lee Lewis Jr., Shane David Merrill, Ana Rosa Montanez, Kimmberly Jean Munson, Krystal Kay Peng, Arlene Mildred Powel, Jerome James Richardson, Heather Ann Wallace, Measha Ann Weinzirl and Robert G. White of Clearlake; Ceva Ann Giumelli, Christie Lee Greenfield and Robert John Vieira of Clearlake Oaks; Debra Lee Ratcliff and David James Schlueter of Clearlake Park; William D. Brown of Cobb; Erin Rose Teames of Fairfax; Leonard Joseph Dombrowski Jr., Michele Emery, Benjamin Samuel Timmons and Bonnie Jean Vaughn of Hidden Valley Lake; Susan M. LaBarre of Kelseyville; Nicole Marie Coccimiglio, Sara Christine Coel, Nicole Michele Doud, Jackson Maxwell Kaiser and Justin Jay Read of Lower Lake.

Students who have earned certificates of achievement will be recognized for their accomplishment at a noon ceremony. Student speaker will be Francis Williams. Certificates in 17 different areas will be awarded.

Accounting Certificate of Achievement

Beth Ann Jenkins, Maria D. Montero and Jill Dawn Pierce of Clearlake; Christine L. Bergen and Donna T. Curnutt of Clearlake Oaks; Dennis D. Bilardi of Kelseyville; Melisa K. Wilson of Lower Lake; Shawna Marie Summers of Middletown.

Advanced Accounting Certificate of Achievement

Beth Ann Jenkins of Clearlake.

Administrative Assistant Certificate of Completion/Achievement

Mary Elizabeth Blakely-Pulido of Clearlake; Debra Ratcliff of Clearlake Park.

Business Computer Applications Certificate of Achievement

Christine L. Bergen of Clearlake Oaks; Ashley Evangeline Holback of Lower Lake.

Advanced Business Computer Applications Certificate of Achievement

Christine L. Bergen of Clearlake Oaks; Ashley Evangeline Holback of Lower Lake.

Chemical Dependency Awareness Certificate of Training/Achievement

Deserie Ann Askew, Erin Tamsan Meyers, Jay El Tillman and Anna V. Ventsko of Clearlake; Kathrine Jennette Allan and Eileen K. Daniels of Clearlake Park; Katarina Maria Meyer and Scott Richard Meyer of Kelseyville; Teresa Deuchar and Lionel Oliver Pierce of Nice.

Chemical Dependency Counselor Certificate of Completion/Achievement

Debbie Marie Flemming, John Delvin Hamner Jr., Erin Tamsan Meyers, Kimmberly Jean Munson, Jay El Tillman, Anna V. Ventsko and Dow Walton of Clearlake; Scott Richard Meyer and Francian LeAnn Reinhardt of Kelseyville; Lionel Oliver Pierce of Nice; Jayleen Rae Ward of Upper Lake.

Child Development Associate Teacher Certificate of Achievement

Taqua Salem Ammar, Leticia Arellano, Rebecca Joanne Castillo, Neala Renea Ellsworth, Kara Marie Kramer, Melissa Marie Mehew and Maria Romero of Clearlake; Ceva Giumelli and Francis Kay Williams of Clearlake Oaks; Malinda Ann Triola of Hidden Valley Lake; Sunshine Raquel Baker of Kelseyville; Maria Montanez of Middletown; Michelle Diann Villines of Upper Lake.

Child Development Teacher Certificate of Achievement

Francis Kay Williams of Clearlake Oaks; Megan Streif of Lower Lake.

Clerical Certificate of Training/Achievement

Mary Elizabeth Blakely-Pulido and Rachel Annia Emming of Clearlake; Debra L. Ratcliff of Clearlake Park; Tonya Marie Albright of Hidden Valley Lake.

Culinary Arts Certificate of Completion/Achievement

Kacie Da’Nelle Carson, Carlos Fausett, Matt Morgan and Julieann Linda Wonderwheel of Clearlake; William Gregory Wymer of Clearlake Oaks; Ann-Marie Pleskaczewski of Hidden Valley Lake.

Infant and Toddler Certificate of Achievement

Neala Renea Ellsworth of Clearlake; Francis Kay Williams of Clearlake Oaks; Megan Streif of Lower Lake.

Information Technologies Certificate of Completion/Achievement

Benjamin Samuel Timmons of Hidden Valley Lake.

Legal Office Skills Certificate of Achievement

Debra Lee Ratcliff of Clearlake Park.

Medical Office Procedures Certificate of Achievement

Mary Elizabeth Blakely-Pulido of Clearlake.

Welding Technologies Certificate of Achievement

Jon Allen Bobus, Jennifer Lyn Burlingame, Edgar Jovani Hernandez and Milton Levy of Clearlake; William George Hawley of Kelseyville; Daniel Thomas Current of Lower Lake; Tony M. Petersen of Middletown.

Word Processing Certificate of Completion/Achievement

Mary Elizabeth Blakely-Pulido of Clearlake; Debra Ratcliff of Clearlake Park.

Scholarship awards will also be given at the noon and 7 p.m. ceremonies.

The following students will receive scholarships:

Clearlake Rotary Service Scholarship, Donna Dawson of Clearlake; Computer Technology and Networking Scholarship, Kathryn McCallister of Lower Lake; Culinary Arts Award, Stephen Woolridge and Matthew Young of Clearlake; Human Services Scholarship, Renee Ruggeri of Clearlake; Yuba College-Clear Lake Campus Faculty and Staff Award, Kathryn McCallister of Lower Lake; ECE Scholarship, Stephan Thill of Clearlake Park; Yuba College Higher Education Scholarship, Stefanie Mederos of Clearlake; Arthur Lewis Nan Memorial Scholarship, Shawna Summers of Middletown; Business Student of the Year in Memory of Ed Miller, Roy Sivertson of Clearlake.

The ceremony for students receiving the G.E.D. certificate begins at 4 p.m. in the quad. Student speakers will be Garrett Henson and Bonnie O’Donnell.

G.E.D. Diplomas

Mark Abbott, Perry Bishop Jr., Michelle Clayton, Rachel Costa, Robert Costa, Christina Domingos, Jona Elsa, Carlos Fausett, John George, Sandra Gonsalves, Anthony Hatfield,Garrett Henson, Diana Holt, Thomas Madrid, Jennifer Pinnick, and Clayton Tansey of Clearlake; Anthony Dow, Daniel Gerber and Trenton Reid of Clearlake Oaks; Gianina Parrino of Glenhaven; David Schlueter of Clearlake Park; Carrie Horarik of Hidden Valley Lake; Blaine Manard, Tasia Sanchez and John Swehla of Cobb; Ashley Barrett and Bonnie O’Donnell of Kelseyville; Linda Gail Harvey, Andrea Mendieta, Alan Mitchelll, Sharon Naber, Jennifer Tenneson and Laurie Terra of Lower Lake; Eula Francis Owens of Lucerne.

The Lake County Roads Department reported that the road was closed to all traffic at the Lake and Napa County lines.

The California Highway Patrol reported that a large dump truck went down an embankment and was blocking the westbound lane just after 2 p.m.

A subject believed to be the driver was reported to be walking around. Cal Fire stated that the driver needed to be transported.

Cal Fire advised that a big rig was needed to help clear the scene. Lake County Road Department crews were en route to the scene to assist with clearing the roads.

The road was later reopened.

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THIS STORY HAS BEEN UPDATED.

LAKEPORT – The trial date for a Carmichael man accused of vehicular manslaughter and boating under the influence in connection with a fatal 2006 sailboat crash has been moved.

Bismarck Dinius, 40, was scheduled to go on trial beginning on Tuesday, but visiting Judge J. Michael Byrne granted a delay in the trial date, which now is tentatively scheduled for June 30.

However, there's a possibility that the trial may not even take place then.

Deputy District Attorney John Langan told the court on Tuesday that he is concerned that his investigators may not be able to complete in-depth followup on new information in the case, as well as researching 911 calls regarding the crash that have since been purged.

He's asked for a June 12 setting date, at which time he said he might ask to dismiss the case.

“It's a possibility given the amount of investigation that we believe we would need to ethically do now before presenting a trial that would be fair to both sides,” said Langan.

“What I don't want to have happen is for us to try to rush this and do a sloppy job,” he said.

Dinius, who was present in court on Tuesday, is being tried for the April 29, 2006, crash in which Willows resident Lynn Thornton was mortally injured.

He was at the tiller of a sailboat owned by Thornton's fiancé, Mark Weber, when it was hit by a powerboat driven by Russell Perdock, an off-duty chief deputy with the Lake County Sheriff's Office.

Langan had requested a new trial date, telling the court that his investigators need to look into new information about Perdock's activities before the crash.

They're also looking into statements from former Lake County sheriff's sergeant and current deputy Mike Morshed regarding an order that he gave to former sheriff's Sgt. James Beland to not test Perdock with a breathalyzer at the crash scene.

Dinius' defense attorney, Victor Haltom of Sacramento, had pulled a time waiver on May 8, which means the trial couldn't start any later than July 7.

Byrne said he was concerned about continuing the case beyond that statutory limit, considering the age of the case.

The judge also granted a motion from Langan to release Beland's personnel records.

Judge looks first at motion seeking personnel records

The morning hearing took place in two parts, beginning with Langan presenting his Pitchess motion for Beland's records, since Byrne pointed out that Langan's motion to continue counted on the records request.

Pointing to differences in federal and state approaches to releasing peace officers' records, Langan said he recognized it was a difficult question for the court.

He said it was a “unique and interesting” position he was in, because he had a duty to try to get the records because of what they might mean for the case.

Part of Beland's records – a 35-page transcript from an internal affairs investigation interview last June – were released by his attorney, Scott Lewis of Santa Rosa, to Haltom, who in turn included them in his opposition to a gag order Langan had filed earlier this month, as Lake County News has reported.

In one of Langan's latest filings on the case, discussing his Pitchess motion, he also had attached the transcript, which detailed an interview with Beland before he was terminated last year. In it, he stated that he was ordered not to administer the breathalyzer test to Perdock.

Byrne asked Langan what specific parts of Beland's files he wanted. “Are we talking about his total records or are we talking about what led to the termination?”

Langan suggested he wanted records either from May 18, 2008 – the date Beland had a conversation with him, prior to testifying in the preliminary hearing, in which he stated he had been given the order – or from the date of the crash in April 2006 and forward.

Lewis, who called in to the hearing, said he didn't oppose an “in camera” review – which is conducted in private in the judge's chambers – of the records.

He explained that there are two different files – Beland's normal personnel file and a more extensive one connected to the discipline proceeding he's going through now. Throughout that entire investigatory file there are names of many other witnesses.

Byrne suggested he would do an initial in camera review to protect Beland's private rights and privileges.

Deputy County Counsel Ryan Lambert, representing the Lake County Sheriff's Office, said the agency filed its opposition to release the records last week.

Since then, Lambert said he has learned more about the case's records. “Knowing what I know now, Mr. Beland has turned over at least portions of his confidential files,” he said, noting that because of that there is a question of a waiver.

The sheriff's office policy is to respond to Pitchess motions with objections, but Lambert added, “How that comes together with an apparent disclosure by an employee, I'm not prepared to respond to.”

Lambert said he objected to Langan's assertion that he should be able to participate in the in camera review.

He suggested that, since Haltom had access to and is aware of exculpatory information in the case, they should have filed their own Pitchess motion for the material. “There's no reason the district attorney needs to conduct this investigation on their behalf,” Lambert said.

Haltom stated during the hearing that he believed Beland was fired because “he didn't tow the party line.”

“The file will show that, in our opinion, the allegations resulting in him being terminated were trumped up,” said Haltom, asserting that the real reason Beland was fired had more to do with providing information harmful to Perdock and helpful to Dinius.

Byrne said the situation didn't involve the usual principles protecting law enforcement officers' records.

“The credibility of Mr. Perdock is probably the core of the case,” said Byrne.

He said what took place on the lake, the breathalyzer test, Beland and the witnesses are all very important. Byrne said he didn't think there was relevance for personnel records previous to the crash, as he had no indication there was anything in Beland's background beforehand to justify those releases.

Saying he wasn't allowing a fishing expedition, Byrne took an hour to go into his chambers, where he reviewed an inch-thick manila envelope containing Beland's records. He was accompanied by a sheriff's staffer and a court reporter, and said he would have the records sealed afterward.

When court reconvened just after 10:30 a.m., Byrne said he had reviewed the documents and ordered that all the entire investigative reports and interviews by the sheriff's department pertaining to Beland's discipline action be released, with copies provided to both the prosecution and defense by day's end.

District attorney concerned about having enough time for investigation

In presenting his motion to change the trial date, Langan said he will need time to review and investigate Beland's documents.

He also reported that some important evidence – in this case, the 911 calls from April 29, 2006 – are “no longer in existence.”

“We're trying to create a record of the calls,” he said.

He said Beland also will need to be interviewed and new information on Perdock examined. With Haltom pulling the time waiver, the trial can start no later than July 7.

Langan said he wanted to talk to the judge in chambers about the motion to continue. However, Byrne responded, “I've always done this on the record. That's my practice.”

Haltom said that the request to delay the trial has to be based on the prosecution exercising due diligence. If the calls were germane, he asked, why weren't they examined three years ago?

The prosecution wanted to examine information both about Perdock and Beland, with all of that evidence being helpful only to the defense, said Haltom.

He objected to delaying the trial any longer. “We're ready to go.”

Haltom also questioned why, earlier on Tuesday, he had received 110 new pages of discovery material from the District Attorney's Office.

“I'm pretty troubled by it,” he said.

The evidence included a September 2008 report by the District Attorney's Office in which Perdock provided them with an investigative report from a Pleasanton-based private investigation firm, GAB Investigations. The documents included statements from witnesses saying they saw lights on the sailboat. Haltom said the prosecution's whole case is based on the lights not being on.

“Why on earth am I getting this on the day the trial is supposed to start from the DA's Office?” Haltom asked.

Byrne said he saw three factors coming into play regarding the trial date.

First, Lake is a small county and the case has generated a lot of publicity, which means the court will have to spend a lot of time getting a jury panel. They also have the revoking of Dinius' time waiver, which means they have a 60-day period within which to set the trial date. Then there's the new information from Beland's file that Byrne ordered released.

Based on his experience of the case, Byrne said he believed there is much to be revealed that's of interest to both sides, which justified moving the trial within the 60-day period. He said the 911 calls should have been investigated earlier.

“It is a very unusual case, with unusual circumstances, that continues to get unusual,” said Byrne.

Langan, noting that his investigators can't finish their inquiries by July 7, asked for a setting date at least two weeks out from the start of the trial so he make a decision about whether or not they'll be ready to proceed. Byrne gave him the June 12 date, in preparation for the June 30 trial.

Investigating the 911 calls

Langan, who took over prosecuting the case in February of 2008, told Lake County News Tuesday afternoon that he doesn't exactly know what happened to the 911 tapes from the day of the crash.

“I was told there was a significant number of calls that came in,” he said. “For whatever reason, those calls were not preserved.”

What they do have are the 911 calls Perdock made from his cell phone, reporting the crash.

Langan noted that not all of the day's calls pertained to the crash.

“What we are doing is to try to see if we can get records of the origins of those calls,” he said.

That involves tracking down numbers and who they were registered to, which involves a different process for land lines and cell phones. He said he provided some of that information to Haltom Tuesday, and will try to get the rest of the phone call information as soon as possible.

“We have to make the effort,” he said.

Capt. James Bauman of the Lake County Sheriff's Office said the law requires the sheriff's office to keep the audio recordings of 911 calls for six months.

The sheriff's office's actually keeps them twice that long, said Bauman. The sheriff's Mercom dispatch system automatically purges the audio recording on an ongoing basis every 365 days. So, as of Wednesday, the oldest voice recording in the system would be for May 21, 2008.

Bauman said the sheriff's incident reports will chronologically record comments and calls, but if they get numerous calls about the same incident – such as in the case of a wildland fire or other major situation – not every subsequent call will be logged once response has been dispatched.

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