Tax Lawyer's Blog

The St. Petersburg Times reports that Pinellas County, Florida taxpayers will pay for a cosmetologist to cover up the potentially offensive tattoos on the face and neck of a neo-Nazi during his murder trial:

Attorneys for John Allen Ditullio Jr. aren’t taking any chances when it comes to the 23-year-old’s homemade tattoos inked since his arrest three years ago.

“This on the side says ‘fuck you’ (and) is very offensive regardless of whether he had it (at the time of the crime) or didn’t have it,” defense attorney Bjorn Brunvand argued in court Friday.

Circuit Judge Michael Andrews said he would allow a licensed cosmetologist to be brought in an hour before each day’s proceedings to cover up tattoos.

Ditullio is on trial for the March 23, 2006, fatal stabbing of 17-year-old Kristopher King.

I have mixed feelings about this.

I understand Judge Andrews’ concern that jurors might have a visceral, adverse reaction to the defendant’s tattoos which in turn might influence their verdict. However, since Ditullio voluntarily had the tattoos placed on his body, they are a part of his physical appearance and the jury ought to see the defendant as he is.

Also, if there are eye witnesses who will identify Mr. Ditullio at trial, his appearance should not be altered. One of these tattoos might very well be the identifiying characteristic that convinces the jury that the eye witness’ testimony is accurate.

In any event, I think the issue could have been resolved in the jury selection process by allowing the defense to question potential jurors on whether or not they find tattoos in general offensive and whether or not they can render an impartial decision without regard to the content of Mr. Ditullio’s tattoos.

Finally, I worry about the precedent that has been established here. Might it be used in the future to allow a particularly menacing-looking defendant to have complete reconstructive surgery at taxpayers’ expense for fear that jurors will be adversely affected by his gruesomeness? And what about the morbidly obese or toothless defendant? Should fat farms and orthodontics be ordered at taxpayers’ expense in those cases to prevent jury bias?

In the end, it won’t matter. When I look into Ditullio’s cold, dead eyes I am convinced that regardless of how hard his lawyers try to clean him up they won’t be able to conceal the stench of depravity rising from his pores.

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