Prosecutorial
Misconduct ...
- Courtroom
misconduct (making inappropriate or inflammatory comments in the
presence
of the jury; introducing or attempting to introduce inadmissible,
inappropriate
or inflammatory evidence; mischaracterizing the evidence or the facts
of
the case to the court or jury) ... Steve
Weinberg &
Center for Public Integrity
The
prosecutor, Hal Jewett, used what has appropriately been termed
as "The Hate
Strategy" to get Dyleski convicted (ironic, isn't it?) Or, as
one forum
poster put it...
"The
mere fact
with this new "HATE" strategy has been working
well for prosecution for well over ten years. The idea is to overwhelm
the public with information that would most likely illicit a moral
outrage against the suspect. Then proceed to make the evidence fit once
a suspect has been pinpointed or chosen. The only problem with this
strategy is the real perpetrator(s) get away with a heinious crime and
proceed to learn from their errors to go on and commit more crimes that
will generate themselves great wealth. "
Scott
Dyleski was severely demonized in the media for his Goth
look and art as soon as he was arrested. The San Francisco Chronicle
chose to put his name out immediately even though he was a juvenile AND
they posted a picture of Scott in Goth look - the only
really scary or possibly scary picture they found of Scott.
In the prelim hearing, Mr. Jewett coninutally tries to refer to a
raincoat as a 'trench coat'. We all know what horrifc images come to
mind about trench coats and teenage boys.
8
Jewett: Without looking at the bag, just kind of peeking,
9
you're short, so you can't really see it, you actually are
able
10 to
reach in and pull a trench --
some kind of raincoat out? (2.16.06)
Sly, huh? The fact is, that Scott's mother found an old duffel bag in
an abandoned van on the Curiel property where they lived. Joe Lynch saw it also as he was with
her clearing brush. The duffel bag that had only a coat in it at
the time (two days after Vitale's murder). She told both Kim Curiel and
Scott about it to see if anyone wanted it. Scott had an opportunity to
take it out of the van, but didn't. Scott and everyone in the house
knew at the time, that Esther had not made arrangements for disposal of
the van. BTW, the coat was analyzed and had no DNA conencting Scott to
the crime. Mysteriously, other items appeared in the bag by the time a
volunteer deputy found it in the van after Scott's arrest: a shirt, a
pair of pants, a ski mask, and one ladies evening glove. The shirt and
pants had no DNA connection to the crime either. The glove had none of
Scott's DNA in it, but did have someone else's along with Vitale's DNA.
The ski mask supposedly had been worn by Scott and was stored
with camping equipment in a storage shed. It had Scott's DNA where you
would expect it inside and small amout of Vitale's DNA on it outside.
No advance testing was conducted on the glove nor is it clear that the
DNA on the mask of Vitale's was not transfer DNA possibly from the
glove.
Factual errors were promoted over-and-over in the media, but possibly
the worst was that the "accused killer reportedly carved a Goth symbol
on her body."
However, the Deputy District Prosecutor, Harold 'Hal' Jewett, proceeded
in court to try and relate
these incisions/scratches to an unbelieveable number of things
connected to Scott
Dyleski
...
1.
... to Scott's
personal symbol -
the symbol
for Pluto and an ancient star,....
2.
... to a
symbol in the liner notes of a Velvet
Acid Christ CD set
-
see this article. "Music
to Kill For: Prosecutors in
the Scott Dyleski trial evoke the specter of Marilyn
Manson, er, make that Velvet Acid Christ". An excert from the article ...
"Velvet
Acid Christ?" Jewett called
to the audience as he raced back toward the witness box. "Yes," Moore
replied.
Jewett
asked Moore
to open the box set, and when the deputy sheriff struggled with the
contents -- which included a handheld light -- Jewett reached over like
an anxious parent and pulled out the items himself. He referred Moore
to the liner notes of the band's album, Hex Angel. "See any symbols
there?" Jewett asked. "Down in the, let's see" -- he pondered the
ceiling -- "in the bottom right-hand corner?"
"Yes,
I do," Moore
said."
"And
what does it
look like?"
Moore
tried to
explain. "It's like, like ..."
....Moore
made
motions with his hands to describe the mark. "It's like a T, but
with a
curve at the top."

I'm not sure which symbol or thing in Scott's room this "It's like a T, but with a
curve at the top" is supposed to actually relate to? It sound more like
Scott's personal symbol...however...
...
In testifying, Deputy Sheriff
Moore had also stated that the mark
looked like "a double-topped 'T'" which I guess is implying the
Cross
of Lorraine? From Wikipedia, "In 20th
century use it is displayed as "graded", where the lower bar is longer
than the upper, thus resembling a patriarchal cross, the crossbars of
which, however, are both near the top (LINK)."
"I
am pro
animal, pro female rights, anti gun, anti war, anti murder,
left, don't believe in greed and capitalism. Wish to see a brighter
future for nature and the human race (Statement by
the leader of the band Velvet Acid Christ, Bryan Erickson)."

It comes as no surprise that
this very statement could be one Scott Dyleski wrote about himself.
The mark on Vitale's back was also
related ...
3. ... to the 'H' in a bumper sticker that read
"I'm
for the Separation of Church and Hate" --->Oh my, that's
super evil now isn't it? And, grasping on Jewett's part as why would
someone pick out one letter in a bumper sticker?
4. ... :( Below, is the
visual from court, why did Jewett draw the picture on the left himself?
Wouldn't you expect something more
scientific such as a diagram precisely made from the actual wounds?
Hal
Jewett
referred to the mark
this way in court, "Investigators found a symbol etched into
Vitale's back."
The coroner's autopsy report describes the marks on
Vitale's back as ...
* an "H-shaped figure
cut into skin of posterior torso"
* as "3 intersecting superficial incisions...forming an H-shaped pattern with extension"
(wiki)
In trial testimony,
the Coroner, Dr. Brian
Peterson, said, "On the back, there was another type of sharp-force injury
what I described this as was a series of three
intersecting superficial incisions."
VISUALS
used by Prosecutor Harold 'Hal' Jewett
during Scott Dyleski's trial.
Jewett claimed the superficial incisions
roughly look like the shape on
the RIGHT
(unfortunately,
the shape is even upside down, let alone distorted from
the shape drawn in the coroner's autopsy - see below).
~ Jewett claimed
the
drawing on the left is Dyleski's signature
~ Jewett claimed
the
shape on the right is a symbol Dyleski carved into Pamela Vitale's back
with a knife.
~ Jewett claimed
the
shape on the right looks like the symbol on the left, it just was not
finished.

This is the actual picture drawn on the
autopsy diagrams.
The superficial
incisions as
reported in the coroner's autopsy.
LINK
TO AUTOPSY (will correct link soon, sorry it is not
longer active)

Diagram of Crime
Scene
Shown by Hal Jewett showing placement of Pamela Vitale's body
****
Now,
look at
the autopsy diagram. You have to actually rotate it clockwise to fit on
the diagram showing how Vitale's body was shown. Interesting that then
the extention on the 'H' ends up being on the left. Jewtt doesn't
provide a reference in his diagram, but you can directly place it
over the diagram showing how Vitale's body was found as is.
Another exercise: try overlaying the coroner's drawing on Dyleski's
personal symbol.
Are
you still
following?
It appears the prosecution was grasping at straws in trying to relate
the superficial etching on Vitale's back to at least three or four
symbols, none of which really even resemble each other.
It's interesting that none of the media coverage of this trial even
questioned the viablility of this 'evidence'.
If this was a deliberate mark made on Vitale's back and is an 'H' does anyone think it is just
too much coincidence that Horowitz
starts with an 'H'.
This
is really Scott's symbol, compare it again to the mark
(which Jewett conveniently drew thicker
and in RED,
oh my, or even compare the coroner's drawing to the little man Dyleski
drew - is there really much similarity?).

OR, compare the Lorraine Cross to the diagram he drew in red of the
marks, OR compare the 'H' in the bumper sticker, OR....
To
further
demonize Dyleski, the press and the prosecutor invoked the EVIL meme
about things Dyleski had said or done, especially his conversation with
his friends the night of Vitale's murder. Not only did they claim his
symbol was connected to the carvings on Vitale's back, but also that
his conversation that night somehow showed he was connected to the
number of bludgeonings that Vitale had and that his conversation showed
he was possibly reveling in some Lizzie Borden metaphor.
Jewett
then asked Robin Croen if Dyleski used any symbol
on his writings or art work to identify himself. Robin Croen
answered that he only knew the general shape of such a symbol, not the
precise one. At Jewett’s
request he drew what he recalled the symbol to look like.
It was one central vertical line, with one horizontal line crossing it
one third of the way up, then another horizontal line above that
one. This horizontal line had a vertical line at each end of that
line pointing upwards. At the top of the central vertical line
was a complete circle ...
Jewett is intent on
proving that the symbol on the deceased’s back was in fact, Dyleski’s
“calling card” or personal symbol. However, the drawing by Robin Croen
was distinctively different from that found on the deceased ...
Croen
testified that on Saturday night, Dyleski and his
girlfriend met with Robin Croen and their friend Oscar [refers to Oscar
Cummins-Timms].
Robin Croen gave Dyleski marijuana. Oscar asked Dyleski about female serial
killers, including Lizzie Borden who had been accused, but found
innocent, of killing her father and step mother. Oscar also
discussed a book dealing with the psychology of murder. Oscar asked Dyleski about mass murderers.
However, Croen could not recall what specific answers Dyleski gave (link).
It's
truly
unfortunate that a number of writers, police officials, prosecutors and
so on continue to use unfounded scare tactics when talking about crimes
or in court cases. This does not mean there are not killers who are in
a weird cult who could initiate such cruelty on another or that someone
who dressed Gothlike hasn't commited a murder, however, it is an
injustice to the public and to those accused to go far beyond the
boundaries of what is known about such murders and about that person.
Jewett and the press promoted hate and fear toward Scott Dyleki. That
was further promoted by many authors looking to validate their own
agenda by weaving cases such as Scott's in with poor research and
misinformation (see Recent
anti-Satanist
scaremongers: Jim Kouri, by
Diane Vera).
What's so disconcerting about this is
that Kouri .was "the fifth
vice-president of the
National Association of Chiefs of Police" and that he chose to put out
such information related to Dyleski being a Satanist on Oct 22, 2005,
only two days after Dyleski was arrested (link).
He states, "The
16-year old suspect is reported to have been involved in some kind of
self-styled Satanism including the reading the Anton LeVay's Satanic
Bible and use of occult symbols at the crime scene." So he doesn't mind
using a 16 year old as a patsy in order to promte his agenda. Very sad.
Interesting also is that he was already cued into the Satanic-Ritual
aspect of the Susan Polk case and Daniel Horowitz's connection to both
case. Problem is, the real story there is that Felix Polk conjured up
fake satanic ritual sexual abuse against his own son and then used it
to promote himself in the therapeutic/counseling profession by making
presentations on it. I don't know about others, but I find Jewett and
Kouri creepy and I do not want to see thise kind of this going on with
those connected to law enforcement and prosecution.
SUMMATION
There
were scratches/superficial incisions on Vitale's back that
Jewett claimed were carvings by a
knife and that Scott Dyleski was so weird he left them as his
'signature' or calling card on her back. A bit odd that a
prosecutor trying a 17 year old had to twist the facts and the imagery
presented in court so far
just to demonize a suspect with hopes of convicting him triumphing over
justice and a fair trial.
The sad fact is that this is but one piece of evidence that was
presented this way in court and went basically unchallenged. It simply
does not make sense, yet Jewett's intial drawing in RED placed
next to Dyleski's little man picture/signature became yet another meme
promoted in the media. Same as the meme about the black trenchcoat,
about calling a ski mask a balaclava (how many of you would ever use
this word or have even heard of it?), same as calling Scott Dyleski a
Satanist and same as claiming Scott initiated some conversation related
to bludgeoning Vitale.

MORE ABOUT
PROSECUTOR HAL JEWETT:
Hal Jewett is the same prosecutor who wanted to try a 6 year old as an
adult and charge him with attempted murder. The child's lawyer,
John Burris said he was shocked at what he saw as Jewett's attempts to
demonize a child. Burris said..
"I was
embarrassed for him [Jewett] as an adult human being''
ARTICLE
LINK
Sticking to His Guns: Deputy D.A. Who
Tries Cases of Juveniles, Charlie Goodyear,
San Francisco Chronicle, July
21, 1998)
A
Concerned Citizen Writes to
Hal Jewett
"In
October 2006, after the Scott Dyleski trial, I wrote,
as a
concerned citizen, two letters to Deputy District Attorney Harold
Jewett, the prosecuting attorney in the
Dyleski trial. I let him know that even though I didn't know any of the
people involved, I was disturbed and concerned about what I believed to
be the unfairness of Scott's trial.
I read every article and
watched every TV news
item about the case, as well as having read the transcript from the
preliminary hearing.
There were discrepancies and inconsistencies that were obvious to me,
yet were never addressed to or by the jurors or by Scott's public
defender, Ellen Leonida. Mr. Jewett readily answered both of my letters, and tried
in both to convince me of Scott's guilt. In the letters, he used the
same manipulative techniques he had used on the jury to distort and
twist the truth, and when he had no real evidence or facts, he
speculated and guessed in a way that sounded like
the truth. In so doing, he had managed to convince a jury of Scott's
guilt, but not me."
16 October
2006
RELATED READING
The
Satanic Cult Scare and Allegations of Ritual Child Abuse by Jeffrey
S. Victor
Richardson, J. T. (1991). Satanism in the courts: From murder heavy
metal. In J. Richardson, J. Best, & D. Bromley (Eds.). The
Satanism Scare (Hardcover)(Paperback) (pp. 205-217). New York: Aldine
De Gruyter.
Richardson, J., Best, J., & Bromley, D. (Eds.) (1991). The Satanism
Scare (Hardcover)(Paperback). New York: Aldine De Gruyter.
Schoeneman, T. J. (1975). The witch hunt as a culture change
phenomenon. Ethos, 3(4), 529-554.
Shaw, D. (1990, January 19). Where was skepticism in media? Los Angeles
Times, pp. A1, A20-A21.
Shaw, D. (1990, January 20). Reporter's early exclusiveness triggered a
media frenzy. Los Angeles Times.
Victor, J. S. (1990). Satanic cult rumors as contemporary legend.
Special Issue: "Contemporary Legends in Emergence." Western
Folklore, 49(1), 51-81.
Waterhouse, R. (1990, September 23). The making of a satanic
myth. The Independent.
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