The defense presented expert testimony that, given the bend of the light filaments on the sailboat, as examined after the collision, the lights must have been on (because the filaments were hot enough to bend on impact).
More troubling to the case were the examples of bias and corruption. Sergeant James Beland, on duty the night of the accident, offered to administer a breathalyzer to Perdock after the crash, but a superior ordered him not to do so. Beland testified at trial that he was also ordered to alter his reports from the night of the accident. Perdock’s blood sample was not drawn until over 27 hours after accident – well past the time for it to be a meaningful indicator of blood alcohol content.
Dinius’ trial counsel reached out to NCIP for assistance with the case. NCIP attorneys assisted with research, strategy, trial preparation and general support, even second-chairing the case during trial.
The jury’s response was clear. On August 20, 2009, after seven hours of deliberation, the jury found Dinius not guilty.