Dave wrote:
On Thu, 14 Aug 2008 13:09:28 -0700, Alan Gomes said:

Might want to actually read the Latitude 38 reporting before reaching
your conclusion about their source of information.

Not likely, since I don't subscribe. But I've been around this business long
enough to recognize a planted story when I see one.

Some 40 years ago they were teaching us in law school that if you have a
legally hopeless case the best move might be to get ahold of a reporter and
feed him a story telling your client's sad tale of woe. The more things
change....
You need not subscribe. It's available on line.
--AG

On 2008-08-14 11:58:22 -0400, "Wilbur Hubbard"
said:

More police power abuse!

http://www.boatus.com/seaworthy/justice.asp

Sailboat helmsman gets charged with manslaughter when sailboat is run over
by power boat operated by an off-duty cop. Angle of impact indicates
powerboat was overtaking but this is not even mentioned in article.

Though we often disagree, I agree in this case that the police are
clearly trying to protect "one of their own", though the officer was
clearly a boater, not a policeman, when the accident occurred.

Sailboat, overrun by a powerboat from the stern quarter. The conclusion
should be obvious to anyone with any nautical or common sense.

Still, lawyers can and will argue any legal position, depending on who
is paying them.

--
Jere Lull
Xan-à-Deux -- Tanzer 28 #4 out of Tolchester, MD
Xan's pages: http://web.mac.com/jerelull/iWeb/Xan/
Our BVI trips & tips: http://homepage.mac.com/jerelull/BVI/

"Dave" wrote in message
...
On Thu, 14 Aug 2008 17:01:52 -0400, "Wilbur Hubbard"
said:

Take it to any impartial jury and the helmsman
will walk. Make book on it, dude!

Um...Neal, the trial is over. The jury has spoken. Your hero lost.
Beyond
a
reasonable doubt.


Duh! Ever hear of the appeals process? The guy would be an idiot not to
appeal it all the way to the SCOTUS

Where in the court of appeals do I find the jury, Neal? You do know what a
jury is, don't you?


Duh! An appeals judge can (and should) nullify the result and send it back
down for re-trial. They jury obviously made a gross error in judgment. It
happens as juries are as stupid as a box of rocks these days.

Wilbur Hubbard

"Dave" wrote in message
...
On Thu, 14 Aug 2008 14:28:38 -0700, Alan Gomes said:

You need not subscribe. It's available on line.

Selected articles appear to be. I didn't see the one to which you refer.


I don't believe that's the case. This one is a good summary:

http://www.latitude38.com/LectronicL...13/June13.html

If you go to this one

http://www.google.com/search?hl=en&s...latitude38.com

you'll get a search result of 148 articles.

--
"j" ganz @@
www.sailnow.com

Dave wrote:
On Thu, 14 Aug 2008 14:28:38 -0700, Alan Gomes said:

You need not subscribe. It's available on line.

Selected articles appear to be. I didn't see the one to which you refer.
Dave,
Yes, right after I sent it it occurred to me that perhaps I should have
been more clear. The entire magazine is available by either subscription
or picking it up for free at marine stores, etc. However, the 'Lectronic
Latitude, with more selective content, is available for free on line and
they have had quite a few different articles dedicated to discussing this.

The search feature on the home page searches the 'Lectronic Latitude
pages as well, so you'll find them this way easily enough. (For example,
put in "Perdock" or "Dinius" as the search term and you'll get quite a
few hits.

Here's an interesting one with a very revealing pictu
http://www.latitude38.com/lectronic/...5-21&dayid=116

Regards,
Alan

Dave wrote:
On Thu, 14 Aug 2008 15:58:04 -0700, Alan Gomes said:

Here's an interesting one with a very revealing pictu
http://www.latitude38.com/lectronic/...5-21&dayid=116

I'll certainly credit the insurance company's lawyers with a very effective
PR campaign, particularly given that the insured was 50% over the legal
limit for alcohol.
It's pretty hard to see what difference the sobriety of the guy at the
helm would have made in the case of a drifting sailboat being rammed by
a powerboat at 40+ mph. Perhaps one could argue some small percentage of
the blame would go to the guy at the helm (as the Latitude 38 reports in
fact argue), but clearly the lion's share has to go to the powerboat
operator, who was obviously reckless in the operation of his vessel. I
think the photo is pretty strong evidence of that.

--AG

Dave wrote:
On Thu, 14 Aug 2008 17:28:40 -0700, Alan Gomes said:

It's pretty hard to see what difference the sobriety of the guy at the
helm would have made in the case of a drifting sailboat being rammed by
a powerboat at 40+ mph.

I dunno. Maybe if he had been sober he would have realized he should have
had his navigation lights on.
There were witnesses at the scene who said they were, in fact, on. Even
if they weren't, it's clear that at least SOME of the blame (and I would
say nearly ALL in the case of a vessel going 40 mph at night) goes to
the powerboat, whether or not the sailboats lights were on.

--AG

AndDave wrote:
On Thu, 14 Aug 2008 18:51:12 -0700, Alan Gomes said:

I dunno. Maybe if he had been sober he would have realized he should have
had his navigation lights on.
There were witnesses at the scene who said they were, in fact, on.

And others who said they weren't.

Were you at the trial to see who looked like he was lying? I wasn't. That's
why we have jurors. And why we shouldn't encourage lawyers to try their
cases in the press.
And, as I said in the rest of what I wrote, it's hard to see how Perdock
should not receive at least *some* (I would say MOST) of the blame, even
if the guy had no running lights on at all and even if the helmsman was
completely passed out drunk. Driving a boat at 40+ mph at night with
limited visibility is ipso facto reckless. Minimally, there appears to
be blame to go around here, with (IMO) the lion's share of it going to
the recklessly speeding powerboat.

--AG

Dave wrote:
On Fri, 15 Aug 2008 08:06:26 -0700, Alan Gomes said:

And, as I said in the rest of what I wrote, it's hard to see how Perdock
should not receive at least *some* (I would say MOST) of the blame, even
if the guy had no running lights on at all and even if the helmsman was
completely passed out drunk.

I might well reach the same conclusion if I heard and saw the witnesses. But
I'm not going to reach any conclusion based solely on a one-sided piece of
advocacy flying in the face of what a court found.
Look at a picture of the wreckage. It gives clear testimony to the force
of the impact--which did not originate from the drifting sailboat--and
hence the speed that must have been involved.

pigs protecting pigs...hardly news anymore...at least the skipper
wasn't tased, shot, and/or beat up......






On Aug 14, 9:58*am, "Wilbur Hubbard"
wrote:
More police power abuse!

http://www.boatus.com/seaworthy/justice.asp

Sailboat helmsman gets charged with manslaughter when sailboat is run over
by power boat operated by an off-duty cop. Angle of impact indicates
powerboat was overtaking but this is not even mentioned in article.

Wilbur Hubbard