Boater Quickly Acquitted in Pollution Case

In one of the quickest verdicts ever returned in San Diego, a federal jury acquitted a man this week after 10 minutes of deliberations on charges that he discharged gasoline into San Diego Bay.

Frank Bernick, 51, of San Diego, was found not guilty of violating the Clean Water Act, a felony, in an incident Feb. 15.

“It was the fastest verdict I’ve ever seen,” said Bernick’s attorney, John Lanahan.

“Usually, short verdicts are guilty verdicts. It’s unusual to see one that is not guilty in that short a time.”

The jury foreman, A. Stephenson Thomas, said the jury did not believe Bernick knew that he had spilled gasoline into San Diego Bay while he was working on an old powerboat he had intended to live on.

Bernick testified Tuesday that he emptied out one tank of the boat, which had previously sunk, and it contained salt water. He emptied out the second tank after testing it and finding that it didn’t hold gas.

Lanahan said Bernick then left while the second tank was being emptied and gas did spill into the bay.

“I think this is a silly case and it got the attention it deserved,” said the defense attorney.

When Bernick was charged with violating the Clean Water Act, the U. S. attorney’s office issued a press release saying 50 gallons were spilled. But Lanahan disputed that figure, saying it was much less.

The spill was discovered by a passing jogger, a member of the San Diego Fire Department. Harbor Police were called.

The prosecution’s case began Tuesday and Assistant U. S. Atty. Melanie Pierson presented only two witnesses: the jogger and a police officer.

When asked for a reaction to the quick acquittal, Pierson said: “We presented the evidence and the jury decided.”

The FBI, as part of San Diego’s Hazardous Waste Task Force, also investigated.