Delgado’s attorney says $3M bail is excessive

Attorney Calls Bail ‘Unconstitutional’ For Teen Accused in Tongan Deaths:

San Jose, Calif. (KCBS) — The attorney for a Redwood City woman accused of causing the death of two members of a Tongan royal family and their driver, said her $3 million bail is outrageous.

KCBS’ Mike Colgan reported that attorney Randy Moore said he would file an appeal as soon as today.

“It’s unconstitutional to give somebody $3 million in bail and in fact what you’re doing is giving them no bail at all,” said Moore.

Edith Delgado, 18, pleaded not guilty on July 7 in San Mateo County Superior Court to three counts of vehicular manslaughter with gross negligence for her alleged role in the July 5 crash on Highway 101 in Menlo Park.

Mr. Moore has quite the flair for the dramatic, doesn’t he? The eighth amendment states…

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Considering she was taking part in a reckless and dangerous activity that resulted in the death of three people I don’t think the bail is excessive at all.

Little interest in Dyleski trial

Media interest in Dyleski trial less than expected:

It has all the elements of a sensational trial: the body a popular middle-aged woman is found brutally beaten in her own home on a quiet suburban road.

Her husband, the nationally renowned criminal defense attorney Daniel Horowitz, finds the body while trying to prepare a case involving a woman now convicted of killing her husband not 20 miles from the Horowitz home.

Defendant Scott Dyleski, a teen-aged boy described as “Goth” and fascinated with the macabre, is also accused of carving an arcane symbol into Pamela Vitale’s dead body.

Sensational details promise a lively trial — but Day 1 failed to draw nearly the media and public attention once predicted.

“Some of the networks aren’t here because the news is substantially Middle East driven right now,” said Peter Shaplen, the network consultant helping the court manage press access.

Shaplen has helped other courts develop strategies for accommodating media scrums. Most notably, he kept the courts in Santa Maria and Santa Clara running smoothly during the Michael Jackson and Scott Peterson trials.

“I think you’re going to see a lot of local interest,” he said.

Still, even the amateur trial watchers didn’t show up in force Thursday.

“I think they’ve blown this whole thing out of proportion,” said Rosemary, who refused to give her last name because she took time off work to be at the trail and doesn’t want to get into trouble with her boss.

“It’s not like Peterson where there’s a mystery about the whole thing,” she said.

Occam’s Razor in action.

No real justice in Roseburg

Shooter gets 10 years, while victim and his family get life sentence:

This is a great article about a real victim in a school shooting. The one who is actually shot. Not these cowards with guns who have delusions that they were wronged somehow…

The gavel came down in the Roseburg courtroom a few weeks ago. Fifteen-year-old Vincent Leodoro will spend the next 10 years in custody for trying to kill 16-year-old Joe Monti at Roseburg High School last February.

Sentence pronounced. Justice done.

Well, no. Not in this society. Not unless you think saddling Joe Monti’s mother, Yvonne Allison, with crushing debt is justice. Yvonne says Joe’s medical bills from the shooting are about $2 million.

Did I mention Yvonne is a single mom who does not work outside the home because she is a full-time caregiver for two disabled sons, whose fathers are dead? Yvonne used to have only one disabled son until Joe was shot four times by an angry high school freshman, who used a semi-automatic pistol with hollow-point bullets.

“He currently has no feeling in his right foot, so he shuffles,” Yvonne says. “He also has many fragments of bullets in his back they were unable to remove.” Joe’s entire life may be affected by the nature of his injuries. “He asked why this happened to him. I said, ‘I’m sorry, Joseph. I don’t know.’ ”

Yvonne was at home on the small ranch outside Roseburg, early Feb. 23. Her oldest son, Eric, 35, owns the ranch and lets Yvonne live there. For years Yvonne has been caregiver for her son Justin, who’s 23.

“He was born with neurofibromatosis,” she says. Sometimes wrongly called the “Elephant Man disease,” it’s an incurable genetic disorder that causes tumors to grow. “His eye was removed when he was 6. By 8 he’d had a craniotomy. . . . He also has brain cancer, but it’s in remission.”

Yvonne is angry that news accounts after the shooting appeared to blame Joe, always mentioning a minor school bus incident he had been involved in. “Joe is not a bully,” she says. (In fact, Vince told police he had not been a victim of bullying.) “But the reports made it sound like this was all Joe’s fault, and it wasn’t in any way. It was the fault of an insecure, immature 14-year-old boy who had access to deadly weapons.”

No matter how many reconstructive surgeries he endures, Joseph will never be the same strong boy he was the morning he was shot. He may never regain feeling in his right foot and be able to walk normally.

And Yvonne cannot imagine how she ever will pay the enormous debt she now owes. She had no medical insurance when Joseph was shot; she could not afford payments. And she had not enrolled the family in the Oregon Health Plan because she was only living in Oregon part-time because Justin’s doctors all are in California.

And that’s only part of the article. I defy someone to tell me that the gunmen in these school shootings are victims.

DOPA passes the House

Chat rooms could face expulsion:

The DOPA act passed the House and as I expected it’s an ill-informed and ill-advised piece of legislation…

Web sites like Amazon.com and MySpace.com may soon be inaccessible for many people using public terminals at American schools and libraries, thanks to the U.S. House of Representatives.

By a 410-15 vote on Thursday, politicians approved a bill that would effectively require that “chat rooms” and “social networking sites” be rendered inaccessible to minors, an age group that includes some of the Internet’s most ardent users. Adults can ask for permission to access the sites.

“Social networking sites such as MySpace and chat rooms have allowed sexual predators to sneak into homes and solicit kids,” said Rep. Ted Poe, a Texas Republican and co-founder of the Congressional Victim’s Rights Caucus. “This bill requires schools and libraries to establish (important) protections.”

Even though politicians apparently meant to restrict access to MySpace, the definition of off-limits Web sites is so broad the bill would probably sweep in thousands of commercial Web sites that allow people to post profiles, include personal information and allow “communication among users.” Details will be left up to the Federal Communications Commission.

The list could include Slashdot, which permits public profiles; Amazon, which allows author profiles and personal lists; and blogs like RedState.com that show public profiles. In addition, many media companies, such as News.com publisher CNET Networks, permit users to create profiles of favorite games and music.

And CNET agrees with me that it’s just feel good legislation designed to appeal to the soccer mom demographic…

House Republicans have enlisted the Deleting Online Predators Act, or DOPA, as part of a poll-driven effort to address topics that they view as important to suburban voters in advance of November’s elections. Republican pollster John McLaughlin surveyed 22 suburban districts and presented his research at a retreat earlier this year. DOPA was part of the result.

Here’s the main culprit…

“Social networking sites, best known by the popular examples of MySpace, Friendster and Facebook, have literally exploded in popularity in just a few short years,” said Rep. Mike Fitzpatrick, a Pennsylvania Republican and one of DOPA’s original sponsors. Now, he added, those Web sites “have become a haven for online sexual predators who have made these corners of the Web their own virtual hunting ground.”

Fitzpatrick’s re-election campaign is one reason why the Republican leadership, which is worried about retaining their slender House majority, arranged a vote on DOPA. Fitzpatrick, who represents a politically moderate district outside of Philadelphia, has found himself in a tight race against challenger Patrick Murphy, an Iraq War veteran and prosecutor.

And a voice of reason…

Opponents of DOPA said during the debate that it was rushed through the political process–it was, they said, rewritten on Wednesday night and had not even been approved by a congressional committee.

“So now we are on the floor with a piece of legislation poorly thought out, with an abundance of surprises, which carries with it that curious smell of partisanship and panic, but which is not going to address the problems,” said Rep. John Dingell, a Michigan Democrat. “This is a piece of legislation which is going to be notorious for its ineffectiveness and, of course, for its political benefits to some of the members hereabout.”

However both parties at fault. You don’t get a 410-15 victory with just Republicans. You can click here to see how your Representative voted.

My suggestion is to write whoever represents you in the Senate and let them know how you feel. Send it snail mail, as the technophobic Senators prefer that. Or call. They still seem to be able to grasp the concept of a phone.

Dyleski trial begins

Prosecutor: Scott Dyleski’s vicious slaying of neighbor ‘wasn’t Goth … it was murder’:

MARTINEZ, Calif. — Gothic imagery, dark poetry and an obseassion with cult murders imbued the mind of a 17-year-old former Boy Scout who is accused of brutally killing 52-year-old Pamela Vitale, prosecutors said during opening statements Thursday in the teen’s first-degree murder trial.

“It wasn’t Goth, it wasn’t even death, it was murder,” prosecutor Harold Jewett said of the nature of writings and drawings that investigators found in a search of the boy’s bedroom.

Oh hell. They are using the “Judas Priest” prosecution strategy.

The defendant, Scott Dyleski, has pleaded not guilty to the murder of Vitale, a mother of two and former Bay Area high-tech executive who was married to prominent California defense attorney Daniel Horowitz.

Dyleski is also charged with the special circumstance of murder during a burglary.

Dyleski allegedly disguised himself in a black ski mask, gloves and trench coat before entering Vitale’s home and making a surprise attack on his neighbor, shortly after 10 a.m. on Oct. 15, 2005.

“Scott Dyleski is not a killer and he did not commit this crime,” said his attorney, public defender Ellen Leonida, who promised the jury that DNA evidence and an inconsistent timeline will show the boy had nothing to do with Vitale’s murder.

Dyleski had multiple scratches and marks on his body and face when he was examined by police. Dyleski says he received them during a nature walk.

Isn’t that convenient?

A member of Dyleski’s household will testify, according to Leonida, that the time was 9:26 a.m. — before Vitale’s death — when the teen returned from his walk.

Leonida tried to bring Dyleski’s gentle qualities to the forefront. She described him as a kind kid, a helpful babysitter, a former little leaguer and Frisbee team member. He may have enjoyed dark music and dress, Leonida told jurors, but he cared deeply for life, and was so harmless that he didn’t eat meat or wear leather.

In my opinion from the descriptions, I’ve heard members of Dyleski’s “household” are not exactly what I would call trustworthy. And so what if Dyleski is a vegan/vegetarian. That does not exclude him from murder. Hell, most animal rights activists care more for animals than they do for people.

Prosecutor Jewett portrayed the teen as a ruthless killer who stunned and attacked Vitale, leaving her with “26 separate devastating wounds to the head,” dislodged teeth, broken fingers.

“She fought as valiantly as she could, but the attack continued,” Jewett said.

Internal bleeding in Vitale’s brain led to her immediate death, Jewett said, but even after she died from her head injuries, the attack continued.

Vitale was stabbed so viciously in her abdomen, Jewett said, that her intestines were exposed. And then the killer carved a symbol into her back.

“Mr. Dyleski was big into symbols. He signs his name and puts his symbol on his artwork,” Jewett said.

The prosecutor drew a symbol on a white piece of butcher paper that represented the signature Dyleski allegedly carved into Vitale’s back, an H-shaped symbol with an extended T-bar.

Jewett told the jury that he planned to call some 40 witnesses, including Dyleski’s best friend, who tipped off police to the pair’s marijuana-growing scheme that allegedly was the impetus for Dyleski’s run-in with Vitale; the defendant’s girlfriend, whom he allegedly asked to keep a red backpack filled with evidence; and his own mother, a reluctant witness who agreed to cooperate in exchange for escaping prosecution herself after she destroyed clothes, notes and other evidence.

Prosecutors also plan to offer the jury about 100 exhibits, including DNA evidence, bloody clothing, footprints, glove prints, fingerprints, and journal writings and drawings found in Dyleski’s room.

“Listen carefully, in particular to the DNA evidence,” Leonida told jurors, alleging that a third DNA profile was found at the crime scene.

“Scott Dyleski had no motive whatsoever to commit this crime,” Leonida said.

The evidence sounds pretty overwhelming to me. I just hope the prosecution doesn’t screw it up by overplaying the “goth” card.

Rusty Yates doesn’t know when to shut up

Yates’ ex-husband criticizes prosecutors:

Can you believe the nerve of this jackhole?…

Rusty Yates lashed out Thursday at prosecutors who spent five years pursuing murder charges against his ex-wife, saying they misrepresented certain details of the day Andrea Yates drowned their five children.

Rusty Yates told The Associated Press that Andrea Yates never told him, “I finally did it” in her telephone call to him after the drownings, as a Houston police officer testified during her second trial.

“It’s been printed in papers as fact, and it’s absolutely not true,” he said. “Much of the state’s case was built on lies.”

“In the first trial, they said Andrea did this to try to get out, whatever that means, which sounded like she wasn’t happy at home … and this time they said she wanted to run off with me into the sunset,” he said. “Well, which is it?

“The fact is, they spent five years and still don’t have a reason why she did it because they are unwilling to look at the fact she was psychotic. That’s the only reasonable explanation for her behavior.”

Yates, an engineer at NASA’s Johnson Space Center, said he plans to visit his ex-wife regularly, but his role in her life will diminish as he moves on with his own. He remarried in March and has now has two stepsons.

“I don’t forget my children, and I don’t forget Andrea, but I don’t dwell on it either. I try to remember my children fondly,” he said. “I’m building new life … and have a new family and am more focused on them.”

As far as I’m concerned this assclown is just as much at fault as his ex-wife. If he didn’t push his wife into being a baby making machine after having been hospitalized with postpartum depression then we wouldn’t even know who Andrea Yates is.

James Zarate’s bail reduction denied

Judge: No bail change in Randolph teen’s murder:

It seems that James Zarate, the brother, and accomplice of Jonathan Zarate, won’t be having his bail reduced anytime soon…

A 15-year-old boy, scheduled to be tried as an adult along with his 19-year-old brother on charges of killing and mutilating neighbor Jennifer Parks a year ago in Randolph, will continue to be held on $1 million bail in the Morris County jail, a judge ruled this morning.

The defense lawyer for James Zarate unsuccessfully asked Superior Court Judge Salem Vincent Ahto to reduce bail for the youth, who was transferred in June from the county juvenile detention center to the jail after a judge ruled he would be tried as an adult.

The juvenile is charged with assisting his brother, Jonathan Zarate, in the stabbing, beating and dismemberment of the 16-year-old Parks at her home on Old Brookside Road in Randolph on July 30. The brothers were staying next door at the time at the home of their father.

Ahto read aloud excerpts of psychological reports that have been done on the juvenile, in which none refer to him as having a mental illness or chemical dependency. But one expert concluded he has little empathy for people, enjoyed getting into fights, and believes the girl’s killing was justified.

Justified? How in the hell could the murder and dismembering of Jennifer Parks be justified? What possible reason could the little shit have for saying it was justified?

I can’t wait to hear the explanation behind that.

Andrea Yates “Not Guilty”

Yates not guilty by reason of insanity:

From the “You’ve got to be fucking kidding me” Department…

HOUSTON, Texas (AP) — Andrea Yates was found not guilty by reason of insanity Wednesday in her second murder trial for the bathtub drownings of her young children.

Yates, 42, will now be committed to a state mental hospital, with periodic hearings before a judge to determine whether she should be released. An earlier jury had found her guilty of murder, but the verdict was overturned on appeal.

The defense never disputed that Yates drowned her five children one by one in the bathtub of their Houston-area home. But they said she suffered from severe postpartum psychosis and, in a delusional state, believed Satan was inside her and was trying to save them from hell.

The state’s key witness was Dr. Michael Welner, a forensic psychiatrist who interviewed Yates for two days in May. He testified that Yates killed the youngsters because she felt overwhelmed and inadequate as a mother, not for altruistic reasons.

Welner said that although Yates may have been psychotic on the day of the murders, it wasn’t until the next day in jail that she talked about Satan, wanting to be executed and saving her kids from hell. He said the hallucination may have been triggered by the stresses of being naked in a cell on suicide watch and realizing what she had done.

Welner said Yates knew her actions were wrong and showed it in multiple ways: waiting until her husband left for work to kill them, covering the bodies with a sheet and calling 911 soon after the crime.

‘They’ should bring back Homes for the Criminally Batshit Crazy and throw her in it. And her dumbass fucking ex-husband Rusty too for making her have more kids after having such problems with postpartum depression.

Pete Solis indicted

Buda Man Indicted In MySpace Sexual Assault:

(CBS 42) A Buda man accused of sexually assaulting a girl he met on MySpace.com has been indicted.

Pete Ignacio Solis, 20, is charged with the assault of a 14-year-old girl in May.

According to police, Solis picked up the girl at Bowie High School and assaulted her in the parking lot of an apartment complex at Westgate and William Cannon.

If the name Pete Solis sounds familiar it’s because he’s the alleged perpetrator in the middle of the MySpace lawsuit.

They can’t be serious

Possible Dyleski jurors quizzed on Goth, magic:

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.

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.

Please tell me that they’re not going with a “satanic ritual” killing prosecution. Welcome to 1985. Just stick with the facts and the evidence. That shit may fly in Arkansas but not in California.