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Possible Dyleski jurors quizzed on Goth, magic

San Francisco Chroncle, USA
July 22, 2006
Henry K. Lee
sfgate.com

ReligionNewsBlog.com • Monday July 24, 2006

The prosecutor in the Scott Dyleski murder trial asked prospective jurors Friday whether they were familiar with or knew anyone who embraced the Goth culture or the Wicca religious movement, and whether they had read books about psychopaths, serial killers and Jack the Ripper.

The discussion in Contra Costa Superior Court touched on good and bad witches, black and white magic and “the dark side,” in what could be key elements in the upcoming trial of Dyleski, who has pleaded not guilty to special-circumstances murder and burglary in the Oct. 15 slaying of Pamela Vitale, the wife of lawyer and legal analyst Daniel Horowitz.

Prosecutor Harold Jewett noted that Dyleski, 17, appeared “neat and tidy” while clad in a blue dress shirt and tie in the Martinez courtroom. Jewett suggested in his questioning to potential jurors that they would hear evidence that the defendant had embraced a different lifestyle before his arrest.

Dyleski’s attorney, Deputy Public Defender Ellen Leonida, told the group that it wouldn’t be unusual for her client to be dressed nicely, as he was in court. “It’s a criminal trial, and he’s charged with murder,” she said. “I got dressed for it; I suspect Mr. Jewett got dressed up.”

When a prospective juror told Jewett that he enjoyed role-playing in the form of dressing up like people did during the Renaissance, Jewett asked whether he did that because “you’re visiting the dark side.” The man said no.

He and five other people were dismissed from serving on the jury Friday. Each side Friday used three of 20 peremptory challenges, with which prosecutors and defense attorneys can remove whomever they like.

Jewett spent some time Friday questioning a woman who had reported earlier in the week that she didn’t trust police or politicians. Asked to amplify her response, the woman said that at one point, “If the president said something, it was the voice of God.”

Jewett asked, “I take it your views have changed?” That prompted those in the jury box and the gallery to erupt in laughter. The woman said she would be able to make a determination for herself as to the credibility of a witness.

Leonida reminded the group that sympathy for either side “really has no place in this trial. That’s not just inappropriate; that’s not presuming him innocent.”

Judge Barbara Zuniga asked prospective jurors whether they would be able to review graphic photos and remain objective if Dyleski didn’t testify, which is his constitutional right, she noted. She also asked whether they could reach a verdict despite media coverage and possible public pressure.

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