All tips will be sent immediately to Scott Dyleski's defense team, headed by attorneys Katherine Hallinan and Sara Zalkin.  Please do not send tips to other websites about Scott as they are not officially endorsed by Scott's defense team nor family.


Reasonable Doubt and Other Suspects

The Politics of Fear and Demonizing Scott Dyleski

Daniel Horowitz's Bizarre Claims and Untruths
 





If you are poor and even if you can afford to pay your own lawyer, there is no way there is enough money to hire the private investigators, pay for independent forensic evidence testing, and hire experts to testify. The system is inequitable as the Prosecution has far more resources at their disposal. Particularly troubling is that a Public Defender typically also does not have as many resources as the Prosecution so there is no option except to raise funds for an adequate defense.


Inadequate Defense + Lack of Money = Injustice

Scott Dyleski



"The reality is that we provide criminal defense for poor people that is vastly inferior to what rich people can afford"

Quote from Norman Leestein in California Lawyer, May 2010. MR Public Defender: California's Only Elected PD is not afraid to speak his mind about oppressive caseloads. 





 























Home     Evidence      Documents       Timeline



The Politics of Fear and Demonizing Scott Dyleski

"Individuals’ personalities develop and evolve until approximately their late 20s, after which they are well-hardwired in place, unable to be altered."
"A recent study shows that people are rather fully formed by the First Grade. Changes at that point are incremental."
Psychopathy An Important Forensic Concept for the 21st Century, FBI, 2012 Letter to Assembly Member Ted Lieu on CA SB399, Daniel Horowitz, 2010

The prosecutor in Scott Dyleski's case, Harold 'Hal' Jewett, used what has appropriately been termed as
"THE HATE STRATEGY"
to get Dyleski convicted (ironic, isn't it?)
Or, as one foru
m 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 heinous 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 continually tries to refer to a raincoat as a 'trench coat'. We all know what horrific 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 while she and Joe Lynch were clearing brush on the Monday after Vitale was murder, Oct 17th, 2005. There were probably helicopters overhead. During that time, police came to where they were, calling Joe Lynch aside and telling him he was no longer a suspect. Scott's mother looked inside the duffel bag to see what was in there, she did not see a ski mask or a bloody glove. Soon after, she went into the house and Scott, probably in front of other family members like Kim Curiel, to see if Scott wanted those thing. 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 Fielding had not made arrangements for disposal of the van.

Mysteriously, other items appeared in the bag by the time a volunteer deputy found it in the van after Scott's arrest. The shirt, pants, and coat had no DNA connection to the crime either. The glove had none of Scott's DNA in it, but did have someone elses 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 amount of Vitale's DNA on it and could have possibly been transfer DNA from the glove.
There was no advance testing conducted on the glove and the glove did not have Scott Dyleski's DNA in it... as noted an unknown male's DNA was inside the glove. Why is there unknown male DNA inside a ladies evening 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." Deputy District Prosecutor, Harold 'Hal' Jewett, proceeded in court to try and relate these incisions/scratches to an unbelievable number of things connected to Scott Dyleski  ...


1. ... to Scott's personal symbol -  the symbol for Pluto and an ancient star,....

Pluto   +   star spirit  =    pluto and star - Scott
                                      Dyleski's symbol for himself



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 excerpt 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 sounds 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)."Separation of
                                      Church and Hate bumper sticker
"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 personally wrote. 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" --->  The bumper sticker is promoting peace and that religion has no business in promoting hate. So, how on earth does this logically connect to marks on Pamela Vitale's back. And, so the bumper sticker has an "H" in in it ?

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? Who drew Scott's symbol? Below the picture shown in court are actual symbols Scott drew himself.


VISUALS
used by Prosecutor Harold 'Hal' Jewett
during Scott Dyleski's trial.

Hal Jewett's screwy
                                  comparions Dyleski case



SYMBOLS ACTUALLY DRAWN BY SCOTT DYLESKI

      



Hal Jewett referred to the mark this way in court, "Investigators found a symbol etched into Vitale's back."

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."


Jewett claimed the superficial incisions roughly look like the shape on the RIGHT

(unfortunately, the shape is seemingly upside down, let alone possibly distorted from the shape drawn in the coroner's autopsy - see below).  The biggest point is ... why not just use the autopsy photo or a precise diagram made from it.

Why didn't anyone try to recreate the crime scene by looking at the orientation of her body and how the killer would have had to be orientated, if they were right or left handed, and if, the same knife was used as the other knife wound on her abdomen.



~ 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.




Pamela
                                  Vitale coroner's autopsy diagram

This is the actual picture drawn on the autopsy diagrams.
T
he superficial incisions as reported in the coroner's autopsy.


LINK TO AUTOPSY



Pamela Vitale Crime
                                scene diagram
Diagram of Crime Scene Shown placement of Pamela Vitale's body




Looking at the autopsy diagram, you have to actually rotate it clockwise 180 ° to fit on the diagram showing how Vitale's body was shown. Interesting that then the extension on the 'H' ends up  being on the left. Jewett 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. Why didn't anyone try to recreate the crime scene by looking at the orientation of her body and how the killer would have had to be orientated, if they were right or left handed, and if, the same knife was used as the other knife wound on her abdomen.



Pamela Vitale Crime Scene Overhead
                                View of Property Credi to AP/Jeff Chiu
It seems the initial responders to the crime scene only looked for some possible object in the trailer that could  have made these incisions. Dyleski's Defense did not  bring in experts to answer the question of whether the wound on Vitale's back could have been made by some object during the struggle, especially one present in the mass of construction debris and equipment surround the acreage near the trailer and the mansion being constructed, some other object or what type of instrument/knife.

Partial view of Horowitz and Vitale property 2005 from Associated Press


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. About the same number as he presented motives for Scott Dyleski committing this crime.

It's interesting that none of the media coverage of this trial even questioned the viability of this 'evidence'.

Reports show that the mark on Vitale's back and the large wound on her stomach were only evidenced after being examined by the coroner, not at the crime scene.

If this was a deliberate mark made on Vitale's back, why would it be more likely to be the 'H' in a bumper sticker instead of and 'H' for Horowitz?




They had to dig pretty deep and discount a lot else to drag in the 'H' in the bumper sticker or to find one symbol inside a CD cover. A subtle reminder to be afraid.


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 Cuming-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 committed 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 Dyleski. 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).


"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 (Kouri)."

Therefore, he doesn't mind using a 16 year old as a patsy in order to promote 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 cases. 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. 

Daniel Horowitz has also made similar claims about Scott Dyleski being into Satanism.

Some claims of horrific links or pictures on his computer may actually have been from a PETA site showing inhuman vivisections and such. Scott supported human treatment of animals.



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 mostly unchallenged. It simply does not make sense, yet Jewett's initial 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 trench coat (by court, nothing was made of this, but it was in the  media), about calling a ski mask a balaclava to make it sound sinister, 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
Protest against
                                    Harold Hal Jewett prosecuting a 6
                                    year old for murder<><>to demonize a child. Burris said.. "I was embarrassed for him [Jewett] as an adult human being'' (Sticking to His Guns: Deputy D.A. Who Tries Cases of Juveniles, Charlie Goodyear, San Francisco Chronicle, July 21, 1998 link)
<>
<>


Daniel Horowitz DA Hal
                                          Jewett Punching Paul Sequeira2010: Harold 'Hal' Jewett punches his boss, Paul Sequeira, and loses his post as head of the homicide unit reference. Daniel Horowitz comments it's just two warriors blowing off steam and is of no public concern.






RELATED READING





The West Memphis Three
WM3 and Satanic Panic

Ritual Murder of Woman by Satanic Goth 
* comments by Voltaire on 'What is Goth?'



Richardson, J. T. (1991). Satanism in the courts: From murder to heavy metal. In J. Richardson, J. Best, & D. Bromley (Eds.).  The Satanism Scare (pp. 205-217). New York: Aldine De Gruyter.

Richardson, J., Best, J., & Bromley, D. (Eds.) (1991). The Satanism Scare. 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.


'Convicting the Innocent: Aberration or Systemic Problem?', Rodney Uphoff, Wisconsin Law Review, 2006

'Prosecutorial Lawlessness is its Real Name', Hans Sherrer, Justice Denied Magazine, Vol 1(6)

California Reform Legislation (SB999)

What happens to immoral judges like Edward Dufresne who commit illegal acts? Apparently, nothing!


Violence attributed to goths (Wikipedia)

Public concern with the goth subculture reached a high point in the fallout of the Columbine High School massacre that was carried out by two students, incorrectly associated with the goth subculture. This misreporting of the roots of the massacre caused a widespread public backlash against the North American goth scene. Investigators of the incident, five months later, stated that the killers, who held goth music in contempt, were not involved with the goth subculture.[27]

The Dawson College shooting, in Canada, also raised public concern with the goth scene. Kimveer Gill, who killed one and injured nineteen, maintained an online journal at a web site, VampireFreaks, in which he "portrayed himself as a gun-loving Goth."[28] The day after the shooting it was reported that "it are rough times for industrial / goth music fans these days as a result of yet another trench coat killing", implying that Gill was involved in the goth subculture.[28] During a search of Gill's home, police found a letter praising the actions of Columbine shooters Eric Harris and Dylan Klebold and a CD titled "Shooting sprees ain't no fun without Ozzy and friends LOL".[29] Although the shooter claimed an obsession for "Goth", his favorite music list was described, by the media, as a "who's who of heavy metal.[30][31]

Mick Mercer, author, noted music journalist, and world's leading historian of Goth music[32][33][34] stated, of Kimveer Gill, that he was "not a Goth. Never a Goth. The bands he listed as his chosen form of ear-bashing were relentlessly metal and standard grunge, rock and goth metal, with some industrial presence.", "Kimveer Gill listened to metal." "He had nothing whatsoever to do with Goth," and further commented "I realize that like many Neos this idiot may even have believed he somehow was a Goth, because they're only really noted for spectacularly missing the point." Mercer emphasized that he was not blaming heavy metal music for Gill's actions and added "It doesn't matter actually what music he liked."[35]

Another school shooting that was wrongly attributed to the goth subculture is the Red Lake High School massacre.[36] Jeff Weise killed 7 people, and was believed by a fellow student to be into the goth culture: wearing "a big old black trench coat," and listening to heavy metal music (as opposed to gothic rock). Weise was also found to participate in neo-nazi online forums.[37]
















  This site was made by a friend of Scott's
contact







all original content is copyrighted by ScottDyleski.org Creative Commons License
This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License.

artwork entitled, "Earth LIfe Sun", in the background is by Jean-Francois Colonna, Ecole Polytechnique, France