An accused killer, on trial for murder in Florida, has his tattoos covered up by a makeup artist.  Apparently, he feels that his swastika tattoo might influence the jury.

From today's NYTimes:

06tatoo1_span-articleLarge

When John Ditullio goes on trial on Monday, jurors will not see the large swastika tattooed on his neck. Or the crude insult tattooed on the other side of his neck. Or any of the other markings he has acquired since being jailed on charges related to a double stabbing that wounded a woman and killed a teenager in 2006.

Mr. Ditullio’s lawyer successfully argued that the tattoos could be distracting or prejudicial to the jurors, who under the law are supposed to consider only the facts presented to them.

And of course you knew this was coming:

The court approved the judicial equivalent of an extreme makeover, paying $125 a day for the services of a cosmetologist to cover up the tattoos that Mr. Ditullio has gotten since his arrest. This is Mr. Ditullio’s second trial for the murder; the first, which also involved the services of a cosmetologist, ended last year in a mistrial. If convicted, he could face the death penalty.

He got those tattoos after he was arrested.  For a capital crime.  And the state is paying for them to be covered up.  Because jurors might think, "Hey, a guy with a swastika on his face just might be someone worth wonderin' about."

These are tattoos he chose, voluntarily, to etch into his skin.  These are things he wants us -- all of us -- to see.  So why shouldn't the jury see them?

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Robert McKay
Joined
Oct '10
Robert McKay

 Interesting that a member of the American Nazis, who by his own writings was more than happy to die for his race rather than live amongst n------s, who lived in a trailer with Nazi flags hanging outside and framed quotes from Hitler inside, who helped stab a homosexual to death... is concerned that the jury will feel prejudiced against him.

 Cases like this make me wish, just a tiny bit and not for more than a minute at a time, that The Punisher existed in the world as he does in the comics and would just take care of this. Daredevil. The Shadow.Paul Kersey. John Kelly/Clark. Boondock Saints. Half a dozen of the characters Clint Eastwood portrayed would work too.

Edited on Dec 5, 2010 at 10:21pm
Lady Kurobara
Joined
Nov '10
Lady Kurobara

Truth has been reduced to an inconvenience and an embarrassment.

How long until it becomes a crime?

James Lileks

The state should have insisted he be made over in full clown makeup. The jury would have come back in 30 seconds. 

Franco
Joined
Sep '10
Franco

The thing about a tattoo is that it is forever. It is a major commitment which is the only thing that is the least bit impressive about getting one.

In the legal world $125 a day is chickenfeed.

If I were paid to be this puke's advocate, I would advise him to wear the symbol proudly lest the nazis and white supremicist gangs in prison get wind of his cowardice. He is going to prison anyway, better to have a few friends there to protect you.

This was a big mistake, Mr. Ditullio. Ha ha!

Wylee Coyote
Joined
Jul '10
Wylee Coyote

"I boldly reject your stifling social norms, and proudly shove my outlaw identity in your - oh, wait, there are consequences?  Eek, never mind."

Kevin Walker
Joined
Aug '10
Kevin Walker

I especially like the shirt with the button-down collar. Add khakis and loafers with no socks and he could be Rob. The cosmetologist left one bit of the "stitches" tattoo near the bottom of his eye, I suppose intended to represent his tear for the victims of the crime he had nothing to do with. Dennis Miller once said of Charles Manson (I'm paraphrasing): "What better way to show the parole board that you've finally gotten your act together, than to carve a swastika into your forehead?"


Joined
Jul '10
Palaeologus
James Lileks: The state should have insisted he be made over in full clown makeup. The jury would have come back in 30 seconds.  · Dec 5 at 10:52pm

Yes, that would be the right look for the judge.


Joined
Jul '10
Your Grace

A bit paternalistic on the part of the judicial system, wouldn't you say? The judge was afraid a conviction would be reversed because the jurors were allowed to believe the evidence of their own eyes. The removal of commonsense from all of our institutions is one of the hallmarks of the age.

Squishy Blue RINO
Joined
Aug '10
Louie Mungaray

I find it interesting that a guy named Ditullio is white enough to join a neo-nazi prison gang. Joe "Pegleg" Morgan was a founding member of the Mexican Mafia despite the fact that he was Croatian, Only in America.

Just looking for a silver lining in that dark cloud of judicial jackassery.


Joined
Nov '10
Charles Lavergne

Enh. I have to take the unpopular side here. The legal system makes it very clear that prejudicial information should be kept out of the courtroom unless it's directly relevant to the crime. We want this guy convicted because he's a murdering scumbag, not because he's a Nazi scumbag. If you don't think a huge swastika on the side of a defendant's face is prejudicial, then you're being hopelessly naive. 

That said, the idea that this is being done on the taxpayer's dime is a problem. This guy should most certainly be paying for this himself.

flownover
Joined
Aug '10
flownover
James Lileks: The state should have insisted he be made over in full clown makeup. The jury would have come back in 30 seconds.  · Dec 5 at 10:52pm

Remember when the KC Star used what they thought was a stock picture of a clown and it was actually a picture of John Wayne Gacy ?

Somehow the banality of evil can show it's face through the makeup. 

A judge friend of mine often compares the cost of the tattoos on a convict's face or neck to the amount of baby formula or diapers that would have bought for the children they have fathered, but neglected. 

Dalrymple had the tattoo pegged long ago.hope it's ok to post this link to City Journal

http://www.city-journal.org/html/5_4_oh_to_be.html

If the community sees fit to seat judges who do this, then they'll discover their mistake when the guy commits his next murder.

StickerShock
Joined
Jun '10
StickerShock

 Charles, I don't think you can call a tatoo "prejudicial information."  It's part of the defendant's body, just like his hand that he used to hold the knife.  Bringing in a stack of Nazi memorabilia from his trailer would qualify as prejudicial information.  Unless of course the people he stabbed were Jewish -- then it would be evidence in a hate crime. 

Gosh, this gets complicated. Let The Punisher handle it.


Joined
Oct '10
Calvin Dodge
Charles Lavergne: Enh. I have to take the unpopular side here. The legal system makes it very clear that prejudicial information should be kept out of the courtroom unless it's directly relevant to the crime.

Really?  Then why do defense attorneys often dress up defendants in the sort of clothes (suit, tie) which they never wore before being tried?

Because jurors don't see just the facts (and often, not even all of the facts, given attorneys' inclincation to try to disqualify any testimony which damages their cases). They also see the defendant and witnesses, and the actions and appearances of those people can affect the jurors' judgement as to their veracity.

Tripedis Canis
Joined
Jul '10
Tripedis Canis

Couldn't the prosecution introduce evidence directly connected to the crime, such as booking photos, to offset this tactic? Or having an eyewitness identification along the lines of, "Yes, that's him, except you can usually see the rude, anglo-saxon verbs on both cheeks?"

Tommy De Seno

 In court I always make my clients cover up their tattoos, particularly religious/biblical tatoos.

When they protest citing thier religious freedom and how much it means to them, I just refer them to Leviticus 19:28.

I also make men take off their earings.  Earings are for girls.

Jimmy Carter
Joined
Jul '10
Jimmy Carter
Your Grace: A bit paternalistic on the part of the judicial system, wouldn't you say? The judge was afraid a conviction would be reversed because the jurors were allowed to believe the evidence of their own eyes. The removal of commonsense from all of our institutions is one of the hallmarks of the age. · Dec 6 at 6:11am

Exactly.

I'll put it another way: It's an admission that people do make "judgements" on other people's appearances. 

Midget Faded Rattlesnake
Joined
Aug '10
Midget Faded Rattlesnake
Louie Mungaray: I find it interesting that a guy named Ditullio is white enough to join a neo-nazi prison gang. Joe "Pegleg" Morgan was a founding member of the Mexican Mafia despite the fact that he was Croatian, Only in America.

And from across the pond, you hear the occasional report of white-supremacists converting to Islamofascism. The world is a crazy place, eh?

Or maybe it's not so much the "white" in "white-supremacist" that attracts as it is the "supremacist"...

Charles Lavergne: Enh. I have to take the unpopular side here. The legal system makes it very clear that prejudicial information should be kept out of the courtroom unless it's directly relevant to the crime. We want this guy convicted because he's a murdering scumbag, not because he's a Nazi scumbag...

That said, the idea that this is being done on the taxpayer's dime is a problem. This guy should most certainly be paying for this himself. 

I'm inclined to agree.

For the same reason, I see no problem with defense attorneys "dressing up" their client for trial. Just not on our dime.


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