Jury selection or jury tampering?


Dismissing jurors because they know something
This is one of the more blatant examples of jury stacking. But it is not as unusual as you might think.

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.

As Jason Pitzl-Waters at The Wild Hunt Blog points out, both the Wiccan and goth subcultures "are generally peaceful and law-abiding." Concerns among Pagans and goths is perfectly natural.

However, this misses the point.

Jury stacking is a normal procedure, and that is the problem.

Can you honestly think of a reason other than knowing the defendant that a juror should be dismissed? From ANY case?

— NeoWayland

Posted: Mon - July 24, 2006 at 04:35 AM  Tag


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