Parole Hearing T-67017 06-22-10

INITIAL PAROLE CONSIDERATION HEARING
STATE OF CALIFORNIA
BOARD OF PAROLE HEARINGS
In the matter of the Life

Term Parole Consideration
Hearing of:
KARL DITOMMASO
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CDC Number:
CALIFORNIA MEDICAL FACILITY

VACAVILLE, CALIFORNIA
JUNE 22, 2010
11:05 A.M.
PANEL PRESENT:
JOHN PECK, Presiding Commissioner
DENNIS SMITH, Deputy Commissioner
OTHERS PRESENT:
KARL DITOMMASO, Inmate
JAY DYER, Attorney for Inmate
JENNIFER DAWSON, Deputy District Attorney
CORRECTIONS TO THE DECISION HAVE BEEN MADE

No
Yes
See Review of Hearing

Transcript Memorandum
Linda Esquivel, Capitol Electronic Reporting
T-67017
I N D E X
Page
Proceedings.........................................
Case Factors........................................
Pre-Commitment Factors..............................
18
Post-Commitment Factors.............................
51
Parole Plans........................................
58
Closing Statements..................................
79
Recess.............................................. 102
Decision............................................ 103
Adjournment......................................... 114
Transcript Certification............................ 116
Capitol Electronic Reporting
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P R O C E E D I N G S
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DEPUTY COMMISSIONER SMITH:
We're on the record.
The time is approximately 11:05.
PRESIDING COMMISSIONER PECK:
Thank you.
This is
an Initial Parole Consideration Hearing for Mr. Karl
Ditommaso; is that right?
INMATE DITOMMASO:
67017.
Ditommaso, yes, Sir.
The date is 6/22/2010.
All right.
T-
The time is
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approximately 11:05.
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was received on 9/17/2002 from San Bernardino County
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with a controlling offense of murder-second.
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Number is FWB-024365, one count, PC 187, and there's a
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MEPD of 8/31/2011.
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that you had, another San Bernardino case, FSB-033056, I
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think for Vehicle Code, theft, VC 10851(a), which was a
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one-year, four-month term.
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recorded, and for the purpose of voice identification
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each of us will state our first and last name, spelling
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our last name.
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after you spell your last name, please give us your CDC
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Number.
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go to my right.
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Presiding Commissioner.
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We're located at CMF.
The inmate
Case
I think there's also another case
This hearing is being
And, Mr. Ditommaso, when it's your turn,
We're going to start with me and we're going to

My name is John Peck, P-E-C-K.
I'm the
My name is Dennis
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Smith, S-M-I-T-H.
I'm a Deputy Commissioner.
ATTORNEY DYER:
Jay Dyer, D-Y-E-R, representing
Mr. Ditommaso.
INMATE DITOMMASO:
Karl Ditommaso, D-I-T-O-M-M-A-
S-O, T-67017.
And, sir, if you'd
like to pull the microphone a little bit closer to you,
you can sit back in the chair and not have to raise
forward.
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It would be a little bit more comfortable for
you as the hearing goes on.
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INMATE DITOMMASO:
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DEPUTY DISTRICT ATTORNEY DAWSON:
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Dawson, D-A-W-S-O-N, Deputy District Attorney.
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Commissioners, just so that you know, I have (inaudible)
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not seeing anybody.
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to dial right back in.
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Thank you.
Jennifer
And,
If we become disconnected, I'll try

Okay?
Thank you.
And
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also in the room we have two correctional peace
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officers, which are here for security purposes, who will
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not be participating in today's hearing.
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the 1073 and the DEC System.
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right in front of you, sir, called an ADA Statement.
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And if you could read that to yourself and tell me what
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that means to you, I would appreciate that.
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INMATE DITOMMASO:
I've looked at
And there's a statement
Okay.
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INMATE DITOMMASO:
Go ahead.
What that means is, if you
have any American Disabilities, or if you have any
disabilities, that you can ask for assistance.
exactly right.
ask for assistance.
need to know about?
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If you have any disabilities, you can

Do you have any disabilities that I
INMATE DITOMMASO:
10
No, Sir.
Do you need any
help with any disabilities for this hearing?
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INMATE DITOMMASO:
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Okay, that's
No, Sir.
Can you see me
okay?
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INMATE DITOMMASO:
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INMATE DITOMMASO:
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in here okay.
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need to know about?
Yes, Sir.
Hear me okay?
Yes, Sir.
You seemed to walk
Do you have any mobility issues that I
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INMATE DITOMMASO:
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No, Sir.
How about --
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Obviously, you can read.
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that you have a master's degree; is that correct?
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INMATE DITOMMASO:
I thought I saw in your file
Yes, Sir.
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Congratulations on that.
INMATE DITOMMASO:
Okay, very good.
Thank you.
Do you have -- I
know this is going to sound a little bizarre with your
master's degree, but I want to make sure.
learning disability?
INMATE DITOMMASO:
Do you have a
No, Sir.
Okay.
And have you
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ever been part of the Mental Health System here at CDCR,
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like Triple-CMS or EOP?
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INMATE DITOMMASO:
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of medications that we need to know about?
No, Sir.
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INMATE DITOMMASO:
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Are you on any kind
No, Sir.
Nothing?
Counsel,
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I don't think he suffers from any disability that would
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prevent him from participating in today's hearing.
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you?
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ATTORNEY DYER:
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Do
I don't.
Thank you.
We've
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had the opportunity to review your Central File and
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you're going to be given the opportunity to correct or
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clarify the record as we proceed.
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here today is going to change the findings of the Court.
Nothing that happens
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We are not here to retry your case.
as true the findings of the Court.
the sole purpose of determining your suitability for
parole.
We're going to take

And we're here for
Do you understand that?
INMATE DITOMMASO:
Yes, Sir.
Okay.
Counsel, did
you discuss with your client his rights regarding the
hearing and the format we use to conduct these hearings?
ATTORNEY DYER:
10
Yes.
Thank you.
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looked at the BPH 1002 form, which talks about your
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rights.
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questions about your rights?
You signed it on 12/14/2009.
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INMATE DITOMMASO:
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No, Sir.
INMATE DITOMMASO:
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Okay.
Do you have
-- Counsel, has your client's rights been met?

ATTORNEY DYER:
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Yes.
Do you have any
preliminary objections?
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ATTORNEY DYER:
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Did your
Yes, Sir.
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Okay.
counselor go over your rights with you?
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Did you have any
No.
Okay.
Ms. Dawson,
I have the Life Prisoner Parole Consideration Hearing
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Checklist.
signed by -- I dont know.
4/16/2010.
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I've marked Exhibit One on it and it's

It's signed by somebody on
Is that what you have?
Yes, Sir, it
is.
Thank you.
going to pass this over to Mr. Dyer.
make sure.
that we're working off the same set of documents.

ATTORNEY DYER:
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He can check to
I'm just going to slide it down.
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I'm
Make sure
I've reviewed it and signed it.

Thank you, sir.
you have any additional documents to submit?

ATTORNEY DYER:
Not at this time.
I did notice
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that in the ten-day file there was a support letter.
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if it's in the ten-day file, I assume you have it.
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So
Yeah, there were
actually two letters in the ten-day file.
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ATTORNEY DYER:
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Delacruz and the other from Glen Meyers.
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going through the Board Report, those letters are
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contained in the Board Report as well.
Yes.
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ATTORNEY DYER:
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Do
One from Jesus

And as I'm
Very well.
So they appear to be
duplicates.
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client going to be speaking with us today?
ATTORNEY DYER:
ATTORNEY DYER:
All right.
Is your
He will.
On all matters?
Yes.
Thank you.
If I
can get you to raise your right hand.
swear or affirm that the testimony you give at this
hearing will be the truth and nothing but the truth?
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INMATE DITOMMASO:
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Do you solemnly
Yes, Sir.
Thank you.
I will
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incorporate by reference the facts of the commitment
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offense as found in the probation officer's report,
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pages 2 and 3.
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2010 Board Report.
Now, I'm going to read from the July
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Commissioner?
Yes.
Would you also
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incorporate by reference the facts in the appeal, pages
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2 through 12?
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Yes, I will.
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you.
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the 2010 Board Report.
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a deacon at the Saint Joseph's Catholic Church in
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Upland, California.
Okay.
Thank
Let me read this summary of the crime from

And it says:
Phillip Perry was
He was married and had four
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children.
Bragg, one of his married parishioners.
between them lasted several months.
Phillip Perry and Lisa Bragg agreed to divorce their
spouses so that they could get married.
Ditommoso -- Ditommaso, excuse me, found out about the
affair Perry was having with his wife, Ditommaso, along
with his stepsister, Elizabeth Miner, and Ditommaso's
business partner, Scott Harrison, conspired to kidnap
Perry became romantically involved with Lisa

The affair
In April of 1992,
When Karl
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and murder Phillip Perry.
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stepsister, Elizabeth Miner and an unarmed Scott
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Harrison to meet with Phillip Perry at the Saint
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Joseph's Church in Upland.
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13th, 1992, Elizabeth Miner set up a meeting with Perry
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at Karl Ditommaso's behest and under the pretense that
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she needed some counseling.
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Perry that evening, Miner lured Perry from the church
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under the ruse that her car, parked a short distance
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away, needed a jump start.
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an isolated side street, where she had previously parked
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her car and dropped off Scott Harrison.
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out of his car, Scott Harrison, who Miner knew would be
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hiding in the bushes waiting for her and Perry to
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arrive, pulled a gun on Perry and attacked him.
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Harrison taped Perry's mouth and forced Perry into the
Ditommaso sent his
On the evening of April
After speaking to Deacon
Miner then directed Perry to
After Perry got
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backseat of his car.
backseat with Perry as Miner got into the driver's seat
and drove the three of them away.
Perry's car, Harrison shot Perry once in the back.
Miner then drove Harrison and the now deceased Phillip
Perry to a vacant condominium owned by Karl Ditommaso.
Perry's car and body were hidden overnight in the
condominium garage.
payphone and told him Perry was dead.
Harrison then climbed into the
While they fled in
Miner then called Ditommaso from a

The following
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morning, Elizabeth Miner fled to Utah.
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and Scott Harrison, and Robert Miner, Elizabeth Miner's
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husband, all met at Ditommaso's condominium for the
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purpose of disposing Perry's body and car.
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drove Perry's car with Perry's body stuffed in the
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floorboard of the backseat while Karl Ditommaso and
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Robert Miner followed in Ditommaso's Jeep.
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crossed the international border with Perry's body
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concealed beneath the bags of clothing in the backseat
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of Perry's car.
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abandoned Perry's car with his body inside in Tijuana,
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Mexico and then returned to the United States in
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Ditommaso's Jeep.
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Ditommaso mailed two forged and falsified letters to
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Perry's wife and pastor.
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authorized by Phillip Perry, were intended to convince
Karl Ditommaso
Harrison
The trio
Ditommaso, Harrison, and Robert Miner
After returning to the United States,
These letters, supposedly
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Perry's wife and pastor that he was going away and would
never return.
as Ditommaso's fingerprints were found on these
fictitious letters.
mother would write an alibi letter for his Jeep, which
was supposed to have substantiated to investigating
authorities the whereabouts of his vehicle on April
14th, 1992.
the crime until he was quarantined and confronted by
Ditommaso's and Harrison's DNA, as well
Ditommaso was also convinced his
Ditommaso never admitted his involvement in
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detectives some ten years later.
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initially lied about her involvement in the crime. After
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she was charged, she continued to minimize her
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responsibility for Perry's kidnapping by implying that
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Ditommaso had victimized her.
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your version of how this happened?
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INMATE DITOMMASO:
Elizabeth Miner
Do you want to tell me
It started back when I found
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some letters from my ex-wife, Lisa Bragg, that was from
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Phil Perry, Deacon Phil Perry.
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and confronted Mr. Perry.
Mr. Perry denied any
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involvement with my wife.
Later on, I found some more
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letters the second time and it was still, they were
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seeing each other romantically.
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from hotels and jewelry that was bought from both of
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them.
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again.
And at that time, I went
Because I had bills
At that time, I went and confronted him once

He still denied it.
I went to the head priest
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at the time, of Saint Joseph's Church, and he denied it
to him as well, Mr. Perry did.
very frustrated, disorientated, and asked Elizabeth
Miner for help.
Harrison scheduled a meeting with Mr. Deacon Phil Perry
that night of April 13th.
Harrison -- Well, Elizabeth Miner went to have a meeting
with him and then told him that she had car problems,
where Scott Harrison was hiding in the bushes, which
Then I went, and was
And at that time, her and Scott
And that's when Scott
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jumped out, duct taped him, threw him in the back of the
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car and shot him.
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condominium.
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Elizabeth Miner took off to Utah.
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her husband to come down with me in the Jeep to Tijuana.
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And we followed Scott Harrison and Mr. Perry in his car,
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and myself and Bob were in a white Jeep.
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to Tijuana, where we disposed the car with the body
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inside of it and drove back to Tijuana.
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wrote those two alibi letters that I ended up putting in
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the mail to Mrs. Perry.
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And then the body was taken to the
On April the 14th, we met together and

Her husband, I asked
We went down
At that time, I
Why did you go
through all this?

INMATE DITOMMASO:
It was, at that point in time,
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my life, I didn't know what to do.
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My wife was cheating on me.
I was very confused.
I was not thinking
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straight.
should have just divorced her, is what I should have
done in the first place.
41 years old.
alone.
thinking more of a corruptive mind, of a criminal mind
setting instead of how I think now.
I was 23 years old with a mindset of not -- I
I realize that now, when I'm
When I was 23, I wanted him to leave me
He was disgracing me, my family, and I was
now if that happened?
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INMATE DITOMMASO:
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master's now.
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prison?
Divorce her and leave.
INMATE DITOMMASO:
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In prison, Sir.
What was your
education before?
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INMATE DITOMMASO:
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I know you have a
Did you get your degree when you were in
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What would you do
A bachelor's.
What was your job
at the time, what did you do?
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INMATE DITOMMASO:
I was a real estate investor,
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buying and selling foreclosures and doing mortgage
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loans.
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Why did you get all
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these other people involved in your criminal activity in
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this murder?
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INMATE DITOMMASO:
I asked them because I
couldn't -- I tried it myself and I was getting nowhere,
so I went and I asked for my stepsister and my business
partner at the time to help me out.
Why did you involve
others in your warfare?
INMATE DITOMMASO:
It was my stupidity of getting
other people involved in my personal matters.
that now.
I realize
Back then, I was crying out for help and my
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business partner was there.
11
confiding in him.
12
stepsister, I ended up asking them, would you be willing
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to go and speak, and talk to him, and see if that would
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help.
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He wanted, you know, I was
And by confiding in him and my

speak and talk.
Well, that's not what happened.
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INMATE DITOMMASO:
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No, he was killed.

Yeah.
Why was he
killed?
INMATE DITOMMASO:
I wanted him out of the
picture, to --
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INMATE DITOMMASO:
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Well, you're saying
You were --
-- leave us alone.
didn't mean to interrupt you.
I'm sorry.
That was rude on my part.
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I apologize.
all the way?
So your plan, initially, was to kill him
INMATE DITOMMASO:
INMATE DITOMMASO:
way.
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Just to get him out of the
I realize now it doesn't accomplish anything.

INMATE DITOMMASO:
She moved to Las Vegas.
13
the crime, right afterwards?
14
right after the murder happened?
15
INMATE DITOMMASO:
Did you guys split up
Yes, pretty much after she
INMATE DITOMMASO:
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Did she confront
you on that?
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How long ago after
found out that he was dead.
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We
got divorced and she moved to Las Vegas, and remarried.
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What happened with
your wife?
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What was that going
to accomplish?
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7
Yes, Sir.
Yes.
What did you tell
her?
INMATE DITOMMASO:
I told her, no, I was not
involved.
Why the denial?
Was it ten years before you finally came to grips with
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your involvement in this?
INMATE DITOMMASO:
INMATE DITOMMASO:
Yes.
Why?
It was -- I denied it all
along.
it, so I denied it to my ex-wife.
detectives when they questioned me.
believe, 2001 when I was picked up again.
point in time, I confessed everything to the detectives.
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I was scared.
I didn't know how to deal with
And at that
Do you know what
the word insight means?

INMATE DITOMMASO:
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And it was, I
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I denied it to the
Yes.
What's your insight
into this?
INMATE DITOMMASO:
My insight, well, insight,
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first of all, is knowing why you committed the crime.
17
And there's no real justification.
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of having a man killed because of my jealousy, my rage
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of anger, the hurt I was feeling.
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deal with it and I just kept packing it down inside me
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instead of getting help, what I should have done in the
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past, and I didn't do that.
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need to, how to release my anger through different self-
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help groups that I've taken, and be able to communicate,
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and be able to, if I need to, go see a psych if I had to
I made the decision
I didn't know how to
Now, today, I know that I
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versus trying to pack it down and be a macho man that I
was at 23 years of age.
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4

prior criminality before this?
INMATE DITOMMASO:
Did you have any
No, Sir.
Never been
arrested?
INMATE DITOMMASO:
No.
How does a guy
10
thats never been arrested and never had any type of
11
criminal activity get involved in this kind of heinous
12
crime?
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14
INMATE DITOMMASO:
Yes, it was all over my
jealousy and rage of my wife, a woman.
15
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Have you figured that out?
How did you grow
up, parents together?
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INMATE DITOMMASO:
My parents were together until
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I was approximately about 14.
My dad divorced my mom,
19
left her for a younger woman.
And then my mom raised
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us.
And then she remarried.
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growing up?
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25
How was your
INMATE DITOMMASO:
I came from a very good
family.
Do you have
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brothers and sisters?
INMATE DITOMMASO:
Yes, Sir.
your step --
INMATE DITOMMASO:
7
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Elizabeth Miner was
Stepsister.
Why did she help,
why did she want to get involved?

INMATE DITOMMASO:
Well, she got involved because
she said she was very upset to see how Lisa was
10
conducting herself and acting, and how good I treated
11
her, so she felt that she wanted to get involved to try
12
to intervene between the deacon and Lisa.
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Did they get -- Are
they incarcerated?
INMATE DITOMMASO:
Elizabeth Miner was
16
incarcerated.
17
never -- Well, he got arrested and was tried and then
18
was found not guilty.
19
She is released now.
Scott Harrison was
How do you feel
20
about your plan involving her result in her
21
incarceration?
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INMATE DITOMMASO:
I take full responsibility of
23
this whole crime.
24
Perry would not be dead at this time.
25
wouldn't have done her time.
Because if it wasn't for me, Mr. Phil

Elizabeth Miner
Scott Harrison wouldn't
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have gone through anything either.
asking them to go do this, they went and did it, and the
repercussions that they've all had to pay, their family,
their society.
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INMATE DITOMMASO:
I have two real brothers,
little brothers.
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INMATE DITOMMASO:
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INMATE DITOMMASO:
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INMATE DITOMMASO:
Both are firemen.
Where at?
I believe one is in Ontario
and the other one is for San Diego.
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That's great.
Do
you guys write?
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INMATE DITOMMASO:
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INMATE DITOMMASO:
22
23
INMATE DITOMMASO:
25
Are they?
Yes, Sir.
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24
And what do they
do?
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18
Do you have other
brothers and sisters?
7
8
It was because of me
Yes.
Stay in contact?
Yes, Sir.
Yes.
Do you have kids?
I have two daughters,
Sir.
Do they write?
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INMATE DITOMMASO:
INMATE DITOMMASO:
Yes, Sir.
Are you in contact?
Yes, Sir.
I saw somewhere in
here that it had to -- Did you have a spousal abuse, was
there a 27325 in your history?
INMATE DITOMMASO:
There was something that was -
- Yes, it was back when I was married to my second wife,
the one I have children with.
She threw a bottle at me.
10
We both got arrested and then they dropped it.
11
got processed through and released.
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13
bottle at you.
INMATE DITOMMASO:
15
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She threw a
What did you do to her?
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Okay.
We just
Threw one back.

You said your
second wife.
INMATE DITOMMASO:
Yes, Lisa was my first wife.
This is over the -PRESIDING COMMISSIONER PECK:
I see, because it
was so long in between.

INMATE DITOMMASO:
Correct.
Then I got remarried
to Jessica, which I have the two daughters from.

Okay, I got it.
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Commissioner, do you have any questions?
25
I've got a few
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1
questions.
confused as I was listening to the description of the
commitment of the crime and also going back and reading
this.
questions and I'll try and share what my own thinking
is.
the church?
And I have to admit, I'm a little bit
And correct me if I'm wrong.
Your wife was having an affair with the deacon in
INMATE DITOMMASO:
10
Correct, Sir.
INMATE DITOMMASO:
12
Correct.
INMATE DITOMMASO:
15
Yes.
INMATE DITOMMASO:
18
She denied it.
INMATE DITOMMASO:
21
23
And she denied the
letters?
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22
And what was the
response?
17
19
Did you confront your
wife at that time?
14
16
And you learned that
because you scuffled into some love letters?
11
13
I'll ask you some
Yes, Sir.
And what was your
response?
INMATE DITOMMASO:
I said, well, then why are
24
these love letters love-filled and but you guys have
25
been spending romantic evenings together and weekends
23
1
together.
to me and we've never had no romantic involvement.
at that point is when I scheduled the first meeting with
Mr. Deacon Phil Perry at the church.
5
6
And she says, that's not true, he's attracted
INMATE DITOMMASO:
10
And what
happened as a result of that meeting?
Okay.
And
He denied it as well.
And then what
happened?
INMATE DITOMMASO:
Then I left it alone for a few
11
months, and then I found some more letters, and then I
12
found some credit cards receipts.
13
confronted them again.
14
a meeting with both of them, and had them all sit in
15
front of each other and they both denied it to my face.
16
But I knew from the proof of the credit receipts, the
17
love letters, the cards that there was a lot more
18
involved.
19
20
21
And at that point, I
At that point, I had them both,
And then what
happened?
INMATE DITOMMASO:
At that point, then I went and
22
had another meeting with the head of the church, the
23
head priest.
24
meeting with himself, myself, and Phil Perry
25
And at that point, he scheduled another
So up to this point,
24
1
you're taking some very logical steps.
INMATE DITOMMASO:
4
5
Correct.
Okay.
So then what
happened?
INMATE DITOMMASO:
Well, I saw that was getting
nowhere and I ended up taking the law into my own hands,
is what I did.
8
9
10
What law was that you
took in your own hands?

INMATE DITOMMASO:
Well, instead of divorcing her
11
and resolving it that way, I decided to go and have him
12
murdered.
13
And that's where I
14
began getting a little confused.
15
relationship.
16
with another individual.
17
confrontations.
18
of the church, who basically does nothing about it.
19
you go from those steps to planning a murder?
You believe your wife is having an affair

There are meetings, not
You report the affair to the supervisor
20
INMATE DITOMMASO:
21
22
And
Yes, I did.
Do you understand
what a monstrous step that is?
23
INMATE DITOMMASO:
24
25
You're involved in a
I do today.
Do you know why you
took such a monstrous steps?
25
1
INMATE DITOMMASO:
Because of my jealousy and
rage, the hurt I was feeling.
couldn't get no help from nobody, so I turned to my
business partner and Elizabeth Miner.
I felt frustrated.
Okay, which I'll get
to the second part of my confusion.
have relationships and marriages that don't work for a
variety of reason, that involve a lot of hurt,
frustration, anger and they basically don't go from zero
A lot of people
10
to 120 miles an hour.
11
why you went from zero to 120 miles an hour, and I'm
12
wondering if you do.
13
believe is enough of a kick start for that.
14
And what I don't understand is
Hurt, anger, frustration, I don't
INMATE DITOMMASO:
I didn't know how to deal with
15
what was going on at the time.
16
that I was, I mean, that I was dealing with through
17
this.
18
confronting these individuals, and I was getting
19
nowhere.
20
I just, I saw the hurt
I tried to do it the right way by going and
So then rather than
21
you taking personal action, you developed a plan to have
22
the deacon killed?
23
INMATE DITOMMASO:
24
25
comment.
Correct.
And I have to
To an extent, and we have certainly seen this
26
1
in other cases that we have heard, an individual may get
so angry and so frustrated at the infidelity that
basically in the heat of passion, you know, they take
steps to remove a rival or their own spouse,
didn't do that.
individual.
You planned the murder of this
INMATE DITOMMASO:
Yes.
Would it be unfair
for me to call that pretty cold and calculated?
10
11
but you
INMATE DITOMMASO:
No, not at all, Sir.
That's
exactly what it was.
12
So then you contacted
13
-- And if anything I say is inaccurate, please correct
14
me.
15
I'm used to being corrected.
16
stepsister and your business partner, Scott Harrison.
Not only am I used to making inaccurate statements,

So you then contacted your
17
INMATE DITOMMASO:
18
19
Correct, Sir.
together or separately?
20
INMATE DITOMMASO:
21
Together.
22
basically had a meeting?
23
INMATE DITOMMASO:
24
25
Did you contact them
Okay.
So you
Yes.
And what did you tell
them at the meeting?
27
1
INMATE DITOMMASO:
I told Elizabeth Miner at the
time, I said, would you mind having a meeting with Phil
Perry.
And she was well aware that he was going to get
murdered.
she was at that meeting when I sat there and said, well,
Mr. Harrison, Scott is going to end up killing him to
get him out of the way.
9
10
And she said, not at all.
And the said, well --
She claims she didn't, but she did, because
Now, was she and Mr.
Scott together?
11
INMATE DITOMMASO:
12
13
INMATE DITOMMASO:
14
At this meeting?
Yes.
Yes, Sir.
All right.
So you're
15
conducting this meeting and you're basically laying out
16
this murder plan.
17
INMATE DITOMMASO:
18
19
INMATE DITOMMASO:
20
was in total agreement to help.
21
22
23
Correct.
Okay, go ahead.
And at that point in time, she
Okay.
So she was
happy to help just because, why?

INMATE DITOMMASO:
I can't answer exactly why she
24
wanted to help, but she said she was definitely willing
25
to help.
She was going to lure Mr. Phil Perry from the
28
1
church to where Scott Harrison would be at.
2
3
he was more than happy to help as well?
INMATE DITOMMASO:
Yes.
Were either of them
promised anything in return?
INMATE DITOMMASO:
And Mr. Harrison said
No, Sir.
Does that strike you
as being a little odd?
10
INMATE DITOMMASO:
Absolutely.
Now that I sit
11
back and I have this time to think about this whole
12
entire crime, yes, it's very odd.
13
they even did it.
14
willing to take another man's life for nothing.
15
I still wonder why
I still wonder what made Scott be
And then did the
16
plan, after he was, the deacon was shot in the back of
17
the car, then the plan continued on, to hide the vehicle
18
and the body in the condominium you owned?
19
INMATE DITOMMASO:
20
21
Yes.
Okay.
Was that also
Okay.
And then you
your plan as well?
22
INMATE DITOMMASO:
23
Yes.
24
and Mr. Harrison, in two vehicles, took the deceased to
25
Mexico?
29
1
INMATE DITOMMASO:
Yes, Sir.
So was that also part
of the plan or were you beginning to make decisions on
the spur of the moment?
5
6
INMATE DITOMMASO:
being made at the spur of the moment.
7
8
And who was making
the decisions?
9
10
At that point, decisions were
INMATE DITOMMASO:
At that time, myself and Scott
Harrison.
11
So you drove the two
12
vehicles to Mexico, abandoned the car and the body, and
13
returned to California?
14
INMATE DITOMMASO:
15
16
Yes, Sir.
Utah?
17
INMATE DITOMMASO:
18
19
Ms. Miner went to
Yes, Sir.
And you and Mr.
Harrison continued back about your business?
20
INMATE DITOMMASO:
21
Yes, Sir.
And what was your
22
relationship with your wife when you returned from
23
Mexico?
24
25
INMATE DITOMMASO:
cold.
We didn't speak.
It was very
At that point, I believe a month later, we filed
30
1
for divorced.
I think it was a month or two after that.
curious about the absence of the deacon?
INMATE DITOMMASO:
INMATE DITOMMASO:
Yes.
And at that point, I
INMATE DITOMMASO:
12
Yes, Sir.
INMATE DITOMMASO:
15
Yes, Sir.
Did you have a jury
trial?
17
INMATE DITOMMASO:
18
19
And it was based on
investigation that led to your arrest?
14
16
And you denied any
involvement for ten years?
11
13
And did she question
denied any involvement.
9
10
Absolutely.
you about it?
7
8
Was your wife at all
Yes, Sir.
Did you plead not
guilty?
20
INMATE DITOMMASO:
21
Yes.
So you orchestrated
22
the murder, a plan detailed enough to basically get away
23
with it for ten years, lost your wife shortly after the
24
murder, which, you know, had that occurred before the
25
murder and the deacon would still be here, likely.
31
1
INMATE DITOMMASO:
Absolutely.
And then you and Mr.
Harrison functioned for the next ten years with, and
correct me if I'm wrong, with less feeling than if you'd
had a minor traffic accident?
ATTORNEY DYER:
I am going to let him answer the
question.
Mr. Harrison was knowing or feeling.
speculating.
10
11
12
13
14
I have to object as to his knowledge of what
That may be
That's fair.
Just,
you know, focused on Mr. Ditommaso.

INMATE DITOMMASO:
I'll speak on my behalf.
Yes,
I continued for the last ten years.

At any point in that
15
ten years, did you feel any remorse for the planning
16
that you had done to take this other individual's life?
17
INMATE DITOMMASO:
18
19
20
Yes, I did.
And what did you do
with that remorse?

INMATE DITOMMASO:
At that point, I started to
21
feel guilty.
22
nightmares.
23
around 1995, is when it started happening.
24
point in time, things were starting to haunt me about
25
what I've done and I started to realize.
It was haunting me.
I was having
I was feeling very -- It was approximately
At that
I had a child
32
1
in 1996.
really affected me, when I saw a life being brought into
this world, that I sat down and realized that I took a
life.
when it really started to affect me.
at that time how to come forward.
That was my first daughter and that's when it
Because of my actions, I took a life and that's

But I didn't know
Okay.
So you're
feeling remorse and guilt, but you didnt know how to
come forward.
10
Do you understand why that confuses me?
INMATE DITOMMASO:
I was scared at the time.
11
didn't know -- I knew that if I came forward I was going
12
to go to prison, and I'd just had a child and I did not
13
know what to do.
14
So how did you deal
15
with your remorse and guilt?
16
come forward, what did you do, or did you do anything?
17
INMATE DITOMMASO:
Since you weren't going to
Yes, I was going -- I started
18
going to church.
19
to Christ and I asked God for forgiveness.
20
And at that point, I dedicated my life
21
may have some other questions.
22
right now.
23
Okay, thank you.
I don't have anymore
Thank you, sir.
Let me ask you.
24
I've got a couple more to ask you right now, because I
25
just want some clarification.
You said you went to
33
1
confront Mr. Perry, right?
INMATE DITOMMASO:
INMATE DITOMMASO:
from him?
did you want to hear?
8
9
Yes, Sir.
What did you want?
Pardon?
What did you want
You went there to confront him, right?
INMATE DITOMMASO:
What
Well, I wanted -- First, I
wanted to hear him admit that he was -- That the letters
10
were written from him and that he was having an affair
11
with my wife.
12
her alone.
13
14
15
And at that time, I wanted him to leave
Okay.
So the
second time you confronted him, what did you want then?
INMATE DITOMMASO:
Well, I wanted -- At that
16
time, I confronted him with Lisa present because I
17
wanted them to tell me the truth and neither one would
18
confront and admit that they were having an affair.
19
Well, what kind of
20
person does that make you, what does that make you?
21
Have you thought about that, have you thought about what
22
kind of person you were then?
23
24
25
INMATE DITOMMASO:
I was a horrible individual at
that time.
That's not what I'm
34
1
looking for.
you to make judgment on yourself, but I'm asking you
what did you -- I mean, I don't understand.
When did you become to the conclusion that Mr. Perry --
That you were going to kill Mr. Perry?
I'm not looking to find -- I don't want
ATTORNEY DYER:
If you --
Commissioner, you had asked -- I
wasn't quite sure I understood your last question and he
didn't get a chance to answer that.
asked him was, what kind of person were you?
10
11
ATTORNEY DYER:
12
The question you
Yeah, well, what --
And then you said you weren't --
13
going to try to clarify it.
14
horrible person.
15
what I was --
Well, I was just
Because he said he was a
I didn't really -- That really wasn't
16
ATTORNEY DYER:
17
Okay.
I guess what -- I'm
18
just wondering if you looked into yourself to find out
19
what kind of person would bring someone to -- I mean,
20
you confronted them, right?
21
rather than divorce this person -- You felt something
22
was going on, you had evidence.
23
quote marks with my fingers, for the purpose of the
24
tape.
25
were involved in an affair, right?
They denied it, right?
And I'm making the
Right, you had evidence to yourself that they
And
35
1
INMATE DITOMMASO:
Yes, Sir.
Why keep on with
the confrontation, I mean, what were you looking for?
For them to say -- For you to do a spin move and say, I
got you, can you finally admit it?
you looking for?
7
8
INMATE DITOMMASO:
was looking for.
9
10
At that time, that's what I
I wanted --
And what would have
happened?
11
12
I mean, what were
INMATE DITOMMASO:
At that point in time in my
life, I would have probably killed him either way.
13
Yeah, so that's
14
what I figured, right.
15
just to put your mind at ease, is that what you were
16
looking for?
17
18
INMATE DITOMMASO:
So why all the confrontation,
It was more or less just to
taunt them.
19
Okay.
Now, the
20
second question I have is, why involve all these other
21
people into a murder you planned?
22
so hurt and jealous like I heard you describe yourself,
23
right.
24
But if it's, you're the one that you felt you were so
25
wronged, why this elaborate plan, why not just go do it
Why not -- If you're
You don't need to say that again for the tape.
36
1
yourself?
2
3
INMATE DITOMMASO:
Because I thought I could get
away with it.
You thought you
were smarter than the system; is that what you're
saying?
INMATE DITOMMASO:
Yes.
Are you married, are you still married?
10
INMATE DITOMMASO:
11
12
No, Sir.
What happened with
that one?
13
14
What happened --
INMATE DITOMMASO:
We got divorced after I came
to prison.
15
16
INMATE DITOMMASO:
Why?
Because she ended up -- First
17
of all, she ended up getting involved with somebody else
18
when I was in county jail.
19
20
INMATE DITOMMASO:
21
Another deacon.
Actually, it
was a pastor of a church.
22
23
Who?
Does that seem
weird?
24
INMATE DITOMMASO:
25
Yes, it was very strange.
And were you trying
37
1
to find the address to this person?
INMATE DITOMMASO:
INMATE DITOMMASO:
Yes.
Why?
Well, actually, I was trying
to write him to find out if they were together.
that point in time, I wanted to know what his intentions
were.
8
9
INMATE DITOMMASO:
11
13
14
15
You've
already gone through this before.
10
12
Okay.
And at
somebody dying.
Correct.
That resulted in
Why were you doing it again?
INMATE DITOMMASO:
children this time.
Well, it's because I had
I just wanted to see my children.
That's difficult.
16
It's difficult for you to be trying to find somebody's
17
address when you have this exact same situation happen
18
before, or for me to hear what you're saying to me now.
19
Is it safe for us to
20
presume that this second wife didn't know that you had
21
been involved in the murder?
22
23
24
25
INMATE DITOMMASO:
No, she didn't have no
knowledge of that.
So this marriage
started out on a basis of dishonesty to begin with?
38
1
INMATE DITOMMASO:
Absolutely.
Okay.
Tell me about this
vehicle theft, the other part of this thing.
happened with that, what's this, what's that all about?
INMATE DITOMMASO:
What
I was sharing an office in San
Bernardino with a Wanda Tenning and a John Sellers.
owned a car lot and was working with these groups of
people through Planet Nissan, I think it was.
He
And at
10
that point in time, we were buying cars and selling them
11
under -- Well, we were buying cars under other people's
12
names and selling them out of his car lot.
13
Okay.
Why were you
14
doing that?
15
were you involved in illegal activities, why were you
16
not using your education for legitimate business?
17
You're an educated guy.
INMATE DITOMMASO:
You can get -- Why
At the beginning, I did not
18
know about it at first because they were bringing people
19
for me to buy homes with, and I didn't know it.
20
when I did find out about it, I was accepting I was
21
involved in making this big money.
22
mind to think about why am I using illegal activity to
23
make money, so I continued to keep doing that.
24
25
But
So I didn't use my
Well, I'm confused
because earlier you said you started coming to a
39
1
realization, 1995, you started feeling guilty about what
was happening, right; is that what you said?
3
4
INMATE DITOMMASO:
Of the death of Mr. Perry,
yes.
You didn't feel
guilty about being involved in ripping people off of
their cars?
8
9
INMATE DITOMMASO:
At the time, no.
At the time,
it didn't -- I was not even thinking at all.
10
There was an
11
assessment of you that said you might be conniving and
12
manipulative.
13
you think?
14
15
16
I read that somewhere.
INMATE DITOMMASO:
Is that accurate,
That was probably in my psych
report.
It might have been.
17
Would you consider that assessment to be way out on left
18
field or pretty close to the mark?
19
INMATE DITOMMASO:
20
Pretty close to the mark, Sir.

Okay.
I don't have
21
anymore questions about pre-convictions factors.
22
you, Commissioner?
23
Do
Just a couple of
24
follow-ups.
25
dumped, did you take any further action with regard to
After the vehicle and Mr. Perry's body was
40
1
2
3
4
the murder?
INMATE DITOMMASO:
Yes.
When I got back to
California, I wrote the alibi letters.

And you sent those
letters indicating that, as though they were written by
Mr. Perry that he was just going away?
INMATE DITOMMASO:
Correct, Sir.
That shows a lot of
thought, don't you think?
10
INMATE DITOMMASO:
11
Yes, Sir.
I mean, I described
12
the murder earlier as being extremely cold and
13
calculating.
14
pastor and his wife, trying to cover up your own crime,
15
indicating to them that he's just, you know, leaving,
16
bye, bye.
17
emotional trauma that she must have gone through, have
18
you considered that?
19
And forging false letters to Mr. Perry's
I mean, particularly with his wife, the
INMATE DITOMMASO:
I do today.
I realize the
20
pain that I've caused the entire Perry Family for my
21
stupidity and my jealousy actions that I've created.
22
Because if it wasn't for me and my actions, Mr. Perry
23
would be alive with his family.
24
25
Because you also
convinced your mother to write an alibi letter?
41
1
2
INMATE DITOMMASO:
regards to the Jeep, yes.
convince her to do that?
INMATE DITOMMASO:
My mom wrote a letter in
And how did you
We told her it was for the
insurance company.
So she knew that it
was -- So she was taking part in a fraud regarding the
Jeep?
10
INMATE DITOMMASO:
Well, at the time, Mr. Miner
11
was buying the Jeep, so she had no idea about anything
12
about the crime taking place.
13
Perry's death or murder.
14
15
She wasn't aware of Mr.

her to get her to write the letter?
16
INMATE DITOMMASO:
17
18
19
20
Yes, I was.
22
25
Actually, I was
thinking about how to ask it.

24
While you're
thinking, let me ask a question, if you dont mind.
21
23
But you were lying to
Go ahead.
Because I'm still
going through the probation officer's report -PRESIDING COMMISSIONER PECK:
Please, go ahead.
I'm sorry, I didn't mean to interrupt.
42
1
-- and it says that,
you know, during your confinement that investigators
learned that you had attempted to manipulate friends,
neighbors and relatives into manufacturing false
evidence and tape-recorded interviews; is that true?
INMATE DITOMMASO:
I was asking them, yes, to try
to -- What it was is, neighbors and stuff, they knew
where my whereabouts was on the day that I disappeared
to take Mr. Phil Perry to Mexico.
10
A facetious comment
11
is, you know, was there anybody else that you didn't try
12
and get involved in this murder?
13
14
15
16
INMATE DITOMMASO:
No, I tried to get everybody
involved.
Did you have any
success?
17
INMATE DITOMMASO:
18
No.
And yet, after having
19
done all that, you were still using friends and family
20
to try and get the name, address and telephone number of
21
the deacon that you believed was having an affair with
22
your current wife.
23
INMATE DITOMMASO:
24
25
Correct.
And you got people
willing to do that for you?
43
1
2
3
INMATE DITOMMASO:
No, nobody ever got me the
information.
But that didn't --
What I'm seeing here is a pattern of you're not one to -
- And correct me if I'm wrong, Counsel.
to step forward and take any action yourself, but you're
very good at manipulating and enticing others to do
things for you, commit a crime for you, cover your
tracks for you, whatever it might be;
10
11
12
13
14
15
You're not one
is that a fair
statement?
INMATE DITOMMASO:
Yes, that is.
That's what I
used to be.
And what's changed,
where did that manipulation on your part go?

INMATE DITOMMASO:
Well, over my time that I've
16
been incarcerated, I've been able to deal with my
17
emotions through the self-help groups that I've worked
18
with, anger management, and it's taught me how to be
19
more upfront, it's taught me not to lie, for me not to
20
be manipulative.
21
these self-help groups that I've been in since I've been
22
locked up for ten years.
23
and realize the faults that I had when I was out in
24
society.
25
I've learned a lot in the offering of
I've been able to find myself
Okay.
Commissioner?
44
1
All right.
You
know, one final question, and there might be a follow-up
depending on the answer.
then we'll talk about your post-conviction factors.
I truly cannot understand this crime.
happened would have happened just as easy with Mr. Perry
still being alive.
everything -- You accomplished absolutely nothing,
except the death of someone.
But one final question and
Everything that
You went through a divorce.
I mean,
Multiple people involved
10
in your criminality and your incarceration.
11
trying to figure out, what did you think was going to
12
happen to them?
13
INMATE DITOMMASO:
But
And I'm
At that time, I truly felt I
14
was going to get away with it.
15
what the right thing would be to do is to just get a
16
divorce, because there was nothing that I accomplished
17
through this at all besides hurting several people.
18
19
know that then?
20
it --
21
22
23
But I realize now that
But why didn't you
Even if you would have gotten away with
Which you did for ten
years.
-- which you did
24
for ten years, even if you would have gotten away with
25
it, it still resulted in your divorce.
What kind of
45
1
person -- I mean, I really don't understand why Mr.
Perry, in your opinion, had to die.
INMATE DITOMMASO:
Mr. Perry did not need to die.
I realize that today.
all I wanted was him to die.
picture.
Back then, I didn't.
Back then,
I wanted him out of the
INMATE DITOMMASO:
As a --
Just as revenge.
Revenge, is that
10
what it was, was that what the motive of this thing was,
11
pure revenge?
12
INMATE DITOMMASO:
13
14
Yes, Sir, just revenge.
second wife, Jessica, is that what her name was?
15
INMATE DITOMMASO:
16
17
18
And what was your
Uh-hmm.
What was the result
in trying to find the address of the other pastor?

INMATE DITOMMASO:
Well, I ended up getting his
19
address and phone number, and we talked.
20
agreed on --
21
22
23
And we both
While you were
incarcerated?
INMATE DITOMMASO:
Yes.
I was able to write him,
24
and he was writing me.
He ended up moving in with her
25
and he had no problem.
All I was asking was to have an
46
1
open line of communication, which I still do.
INMATE DITOMMASO:
With my children, that's why.
I just wanted open communication with my children.
5
6
Why?
What did he have to
do with your children?
INMATE DITOMMASO:
No, I wanted to make sure I
wasn't going to lose visitation because she was telling
me that she wasn't going to let me see my kids.
And I
10
understood why she didnt want me to see the kids,
11
because she said she didn't want them coming to a state
12
prison.
13
open avenue of making phone calls and also writing
14
letters.
15
I had no problem with that.
16
your ex-wife's decision?
17
INMATE DITOMMASO:
18
19
20
21
22
23
I just wanted the
Shouldn't that be
Yes.
Why are you
involving him?
INMATE DITOMMASO:
not just him.
Well, I spoke to both of them
I spoke to both of them on that matter.
But do you
understand why there might be some concern about that?
24
INMATE DITOMMASO:
25
Yes, Sir.
I mean, did you
47
1
understand then why there might be some concern about?
INMATE DITOMMASO:
No, I understand now, because
it's the same exact situation that occurred with Mr.
Perry.
5
6

you see that then, though?
7
8
INMATE DITOMMASO:
Because I was young and
immature, and anger and --
10
INMATE DITOMMASO:
11
12
14
Yes.
INMATE DITOMMASO:
I was incarcerated at the
time.
18
19
INMATE DITOMMASO:
20
That's not so
young, is it?
INMATE DITOMMASO:
23
25
How old were you?
I was probably 33 at the time.
22
24
How about the next
time, how about with Jessica, how old were you then?
16
21
At the time of the
first murder, right?

INMATE DITOMMASO:
17
How old were you?
Twenty-three.
13
15
But why couldn't
No.
Yet, you're still
doing similar behavior.

INMATE DITOMMASO:
Not now, Sir, not at all.
48
1
ATTORNEY DYER:
At 33 you were.
I would -- I'll let him answer,
but I would object.
But to the extent he understands the question, I'll let
him answer that.
6
7
I don't think it's similar at all.
I think it's hugely different.
You think it's
hugely different that --
ATTORNEY DYER:
Yeah.
-- he's trying to
10
get a hold of a pastor's address and phone number while
11
he's incarcerated when his wife is supposedly possibly
12
having an affair with him, you don't see a connection?
13
ATTORNEY DYER:
I do, but here's what's
14
interesting.
15
fork in the road you'd better take it.
16
difference.
17
communication and he healthily accepts the situation,
18
and they have an open communication and admit what's
19
going on, and he's doing this so that he can try to stay
20
connected with his daughters.
21
in that ten-year period, while he was out of prison.
22
And they do have an open line of communication, and he's
23
doing it because he's responsible to his daughters and
24
he doesn't want to lose their love and affection.
25
they do have an open line of communication.
It's like Yogi Bear says, when you see the

There's a huge
In the second case, he opens a line of
His daughters were born
And
They admit
49
1
everything and there's not a vengeful situation.
an accepting situation and it's a situation that allows
everyone just to go forward.
second pastor, with the second pastor, has a completely
different outcome.
communicating with the pastor, but here, at the age of
33, you see a tremendously, tremendous difference.
it is similar to a point.
similar in total, if he understand the question or if he
It's
But Mr. Ditommaso and the
It's similar to the extent that he's
So
But when you ask him if it's
10
-- You know, I'm going to let him answer any question
11
you want him to answer, but my objection was that, that
12
was a little ambiguous because it's similar to a point.
13
14
15

statement.
I got it.
You've made your
Did you want to answer that?
INMATE DITOMMASO:
I just want to clarify
16
something.
17
my ex-wife Jessica and the children moved in with Joe.
18
That's the pastor's name.
19
We came to an agreement.
20
a PO Box in Rancho Cucamonga where I write to them at,
21
and that's the PO Box for my daughters.
22
the agreement that was set between Joe, myself and
23
Jessica.
24
25
At the time when I was asking for all this,
I was trying to locate them.

What they do now is, they have
And that was
Did you need
authorization to contact them or was that -- There's no
50
1
authorization for you to use?
at the county jail.
I don't know if there was
INMATE DITOMMASO:
No.
go into post-conviction factors.
a while.
All right.
Let's
(inaudible) around for
I want to just ask
one more question before we go to post-conviction.
you met with your partner and your sister-in-law --
10
11
When
Stepsister.
Or stepsister rather.
12
And basically said, you know, here's the plan to kill
13
the deacon, are you guys in, most people would say, are
14
you nuts, or pardon me, you want me to get involved in
15
the murder of somebody else?
16
is, both of them said, yeah, that sounds like a grand
17
plan, happy to.
18
And what you're telling us
Is that what they did?
INMATE DITOMMASO:
That's what they did.
19
both had no problem with it at all.
20
was going through their mind or what their actual
21
motives were.
22
know what their motives were.
23
help which they did.
24
25
They
I can't answer what
I know what my motives are, but I don't

But they both agreed to
Do you understand why
I find that so important?
51
1
INMATE DITOMMASO:
Yes, that's very abnormal,
because the average human being would have definitely
said you're out of your mind.
Particularly since
they had no involvement at all, unless there was
something further discussed, you know, that would give
them some monetary gain or something.
INMATE DITOMMASO:
No, there was none.

You know, people, as
10
a general rule, unfortunately, don't get involved in the
11
kidnap and the murder of another human being just cause.
12
We're going to go to post-adjustment, and your post-
13
adjustment has been extremely positive.
14
extremely positive, that isn't an accurate reflection.
15
You probably have done more in the last, you know eight
16
years or so than virtually any other inmate that I have
17
sat in front of, and you're to be complimented for what
18
you've been doing.
19
the programs.
20
going to address mostly in the area of the Pastoral Care
21
Advanced Training Program, as well as the many laudatory
22
chronos that you've received.
23
started, I commented to your Counsel that rather than,
24
because the laudatories as well as the training segments
25
have been significant in length, that rather than going
And when I say
And I'm going to be going through
There are a couple of areas that I'm
And prior to the hearing
52
1
through each and every one, I'm going to do a summary.
And if there are any specific either laudatories or
chronos regarding Pastoral Advanced Training that you'd
like me to note for the record, I'd be happy to do that.
All right?
INMATE DITOMMASO:
Thank you.
And when I presented
the summary proposal to Counsel, Counsel agreed with
that.
10
11
12
13
And, basically, I told Counsel what I just told
you; is that accurate, Counsel?

ATTORNEY DYER:
That reflects our off-the-record
discussion, Commissioner.
Okay.
So that being
14
said, I'm going to start going through the list.
And I
15
certainly dont want to go through this quickly.
16
don't want to give that impression at all.
17
received by the Department of Corrections on September
18
17th, 2002, received here at CMF on -- Did I say
19
February of September?
20
accuracy.
21
Corrections on September 17th, 2002, received here at
22
CMF on February 27th, 2008.
23
score of 19, which is the lowest classification score
24
you can attain, and this is your Initial Hearing.
25
since you've been incarcerated in CDC, you have had no
You were
Let me start again just for
You were received by the Department of
You have a classification
And
53
1
disciplinary write-ups, no 128s or 115s, and you only
have one disciplinary report.
Bernardino County Sheriff's Department, and that was in
June 2005, and that was for providing meds to another
inmate.
By my count, going through the listings in both the C-
File and the Board Report, received some 33 laudatory
chronos ranging from May 2003 to the most recent of
February of this year.
And that was from the San
You have received multiple laudatory chronos.
The laudatory chronos have been
10
written by correctional officers, by instructors, and
11
people involved in various religious programming,
12
primarily as a result of the Pastoral Care Advanced
13
Training Program that you've been so actively involved
14
in.
15
advanced training program, the majority of the activity
16
centers around, roughly January 2009 to February of this
17
year.
18
that you have participated in through that area.
19
subjects vary from a quarter-hour in length, to a half-
20
hour in length, to 20 to 30 hours in length.
21
by my count, very quickly going through and adding up
22
the time, your commitment easily goes past several
23
hundreds of hours of participation in that program.
24
You've also received numerous certificates of
25
completion.
Looking through the multiple chronos regarding the
There are, by my count, some 51 various subjects

The
And again
Those certificates have to do with being a
54
1
tutor in the Literacy Program, through many of the
religious program that were available, Bible studies and
so forth, as well as Alternatives to Violence Program.
Also, there are certificates for you having completed
Part Two of the Life Skills Program in April 2009,
completing Breaking Barriers in July 2009, completing 40
Days of Purpose in January 2009, the ten-week conflict
course, and that's in February 2008, and the six-month
Anger Management Program, which you completed in
10
December 2004.
11
primarily in the latter part of 2004 through the first
12
part of 2005, but I noted that you found that some of
13
the tenets of AA and NA weren't comfortable with you
14
with some of your other church and religious belief, so
15
you stopped participating; is that accurate?
You were also active in AA and NA
16
INMATE DITOMMASO:
17
Yes, Sir.
Okay.
And you earned
18
your master's degree from Northwestern University, and
19
that was in June 2006.
20
INMATE DITOMMASO:
21
22
number of assignments.
23
very positive.
24
sergeant's relief clerk.
25
assignment?
That's correct.
Okay.
You've had a
All the assignments have been
In May 2008, you were assigned as a

And are you still in that
55
1
INMATE DITOMMASO:
3
4
5
6
7
No, Sir.
Okay.
And when did
that assignment change?

INMATE DITOMMASO:
I believe that was in January
of this year.
And are you currently
reassigned?
INMATE DITOMMASO:
American Disability Act.
Yes, I switched jobs to
10
11
INMATE DITOMMASO:
And what is that?
I work with the inmates that
12
are disabled, that are wheelchaired and blind.
13
them get to their doctor appointments and back.
14
them with going to canteen, their packages, helping them
15
make their beds, whatever they may need, writing
16
letters, so forth and so on.
17
Okay.
We help
We help
Now, I know
18
I've addressed in an overview summary manner the
19
Pastoral Care Advanced Training Program.
20
that program.
21
completed some 51 subjects.
22
a definite number of subjects or is it ongoing and
23
continuing to evolve and basically recreate itself, if
24
you will?
25
Tell us about
You know, I indicated, you know, you've
INMATE DITOMMASO:
Is that a program that has
Yes, it's a program that
56
1
continues.
with the chaplain, Keith Nuff.
continue to get educated and expand our education.
have different people that come in and teach us, doctors
here.
educated and more compassionate towards the people that
are in the hospice program.
program, they have six months or less to live, so they
want us to learn about pain management and learn how to
Every week, we have to go through training

It's mandatory that we
We
And what they're trying to do is make us be more
Because in the hospice
10
deal with different people, look at the way they don't
11
take, you know, as far as somebody is very upset and
12
cranking or nasty, try to be more understanding and know
13
why, what that's coming from.
14
the medical part, where we are able to establish when we
15
start seeing vomiting or certain color of the urination,
16
or something, to notify staff.
17
more educated on a weekly basis.
18
training from UC Davis, which there should be a
19
certificate of completion in there as well for.
20
what they do is, they come and they do a full evaluation
21
of the PCS group here.
22
on a yearly basis, and they certify us.
23
us how to sit vigil.
24
they put a man on vigil is that he's got 72 hours,
25
usually, before he passes on, where we sit there 24
They have us also go to
So they have us getting

We also went through
And
And we all have to attend that

They also teach
Vigil is where you sit -- When
57
1
hours a day and we do it in shifts, and we sit there and
be at his bedside.
want no man dying alone.
4
5
And our main goal is that we don't
And there's a
certificate from UC Davis?
INMATE DITOMMASO:
Yes, Sir.
Before we go in and
discuss parole plans, any other programs that you've
been involved in or anything that we should be aware of?
10
Again, you know, this is a somewhat broad brush approach
11
and I want to make sure that all of the positives, you
12
know, are gathered and commented on for the record.
13
14
15
16
17
18
INMATE DITOMMASO:
My main one is the Pastoral
Care Services.
Counsel, anything
else coming to mind?

ATTORNEY DYER:
No, but I would like to just
incorporate what's in the Board Report into the record.
19
20
ATTORNEY DYER:
21
Certainly.
If that's okay.
Absolutely.
And
22
happy to note that in the Board Report, under therapy
23
and self-help activities, beginning on page 6 through
24
page 10, there are numerous listings regarding each one
25
of those elements that I've addressed.
As well as on
58
1
page 10, it begins listing the laudatory chronos.
However, by my count versus those that are listed in the
Board Report, I came up with substantially more
laudatory and positive chronos than are listed here.
But certainly by reference, these lists will be
incorporated in the record.
ATTORNEY DYER:
9
10
Thank you.
Now, if something
else should come to mind before we take our recess, be

sure and get our attention and let us know.
11
INMATE DITOMMASO:
12
Yes, Sir.
With regard to parole
13
plans, I'm going to start with the Board Report.
14
Realizing that the Board Report may or may not be
15
accurate, since plans can vary and can change, but this
16
is where we're going to start and then we'll address in
17
more detail --
18
19

Commissioner.
20
21
22
Excuse me,

are.
-- what your plans
Yes?
Sorry to
23
interrupt, but don't you normally do the psych report
24
before you do the parole plans?
25
Not consistently.
59
1
Okay.
I don't like to get
too predictable.
Thank you.
You're welcome.
So
on page 12, indicates under residence that you plan to
reside with your parents, Nina Delacruz in Ontario.
INMATE DITOMMASO:
10
there as well?
11
It says your parents.
12
13
Yes, Sir.
Your father lives
I'm guessing because he's not listed.
INMATE DITOMMASO:
Well, it would be stepfather,
Sir.
14
Your stepfather.
15
Okay.
16
Is that your stepfather, with Divine Real Estate
17
Investors, or is that your father?
And indicates that you'd seek employment with --
18
INMATE DITOMMASO:
19
20
Yeah, stepfather, Sir.

And that would still
be your plan?
21
INMATE DITOMMASO:
22
Yes, Sir.
And, you know, that's
23
one of the letters that we have.
24
and I'll address it a little bit more in the letters,
25
but it appears that business has to do with buying
Now, that business,
60
1
distressed properties, fixing them up, and putting them
back on the market and selling.
INMATE DITOMMASO:
Correct, or they rent them out
as well.
Is that not what you
were doing for your livelihood before you came into
prison?
INMATE DITOMMASO:
Yes, Sir.
And didn't some --
10
And correct me if I'm wrong, but didn't some part of
11
that business practice of yours back then include
12
defrauding customers?
13
14
15
16
17
18
INMATE DITOMMASO:
Not on the real estate.
That
would be the car dealership.

Okay.
So, again, a
similar but not the same?

INMATE DITOMMASO:
was the cars.
It was not real estate.
It
It was --
19
20
INMATE DITOMMASO:
But you were working?
Working, yes, I was working.
21
What I was doing is, I was sharing office space with
22
these other individuals.
23
Okay.
I'm going to
24
address the letters that were in the Board packet now
25
that are also reflected with what was contained in the
61
1
ten-day folder.
they're from and the conclusions in the letter.
first letter is a handwritten letter from a Lucille
Sciarra.
I'm going to basically address who
Am I pronouncing that right?
INMATE DITOMMASO:
The
It would be Sciarra.
Sciarra.
It's S-C-I-
A-R-R-A?
INMATE DITOMMASO:
Correct, Sir.
She indicates she's
10
your cousin and indicates that she will be there for
11
you.
12
that he will help you in any way that he can, that he'll
13
be there when you need help, and that you have a
14
wonderful family who loves you very much and will help
15
you in any area that you need.
16
sister, Isella Badillo, B-A-D-I-L-L-O?
Another letter from a cousin, Donald Maze, says
A letter from your
17
INMATE DITOMMASO:
18
19
Yes.
Javier, and your mother Maria.
20
INMATE DITOMMASO:
21
22
And your brother,
Yes.
Is that the person
that you were going to live with in your parole plan?
23
INMATE DITOMMASO:
24
25
INMATE DITOMMASO:
No, it's my mother Nina.

So who is Maria?
They were my stepbrothers and
62
1
sisters.
It was from my mom's husband's prior marriage.
Okay.
And she
indicates that they all hope that you'll be released on
parole, that they'll help you in any way possible with
clothing, money, and whatever else you would need, and
that they sincerely request that you be given a second
chance this time.
Clinkscales?
A letter from Toni, T-O-N-I,
INMATE DITOMMASO:
10
Yes.
Just for the
11
reporter, that's C-L-I-N-K-S-C-A-L-E-S.
12
she's a close friend of yours, that she met you when she
13
was visiting her fianc while he was in prison at
14
Ironwood, and that she will assist you in any way
15
possible transitioning back to society, and that she has
16
a five-bedroom home, and that you're welcome to stay her
17
and she'll provide you with any financial assistance.
18
Did she marry her fianc or is he still in prison?
19
INMATE DITOMMASO:
20
prison.
21
sure.
22
23
24
25
Writes that
I believe he's still in
I left Ironwood before he did, so I'm not quite
So you haven't
maintained -INMATE DITOMMASO:
Well, contact with her, but I
don't know.
63
1
INMATE DITOMMASO:
I believe he's still in
prison.
4
5
But not him.
And then a letter
from Kathryn Ditommaso, your grandmother?
INMATE DITOMMASO:
Yes, Sir.
She indicates that
you'll be able to stay with her and your grandfather, or
your mother, that they would assist you financially
10
while you seek employment, and that they hope that the
11
Board will take consideration of everything that you've
12
accomplished, and that you would be an asset to society.
13
Then a letter from your mother, Nina Delacruz, and
14
indicates that you would be a great asset to society as
15
an honest and productive citizen, and that she's
16
prepared to help you in any way, including housing,
17
financial support, transportation, as well as spiritual
18
help.
Do you know what kind of home she has?
19
INMATE DITOMMASO:
20
She has a four-bedroom home.
21
live there, do you know?
22
INMATE DITOMMASO:
23
24
25
And how many people
Just her and her husband.

Okay.
space?
INMATE DITOMMASO:
Yes, Sir.
So ample
64
1
2

Jesus Delacruz.
Then a letter from
That's your stepfather?
INMATE DITOMMASO:
Yes, Sir.
Also writes a
positive letter indicating that he would provide you
with financial, emotional, spiritual support, as well as
living accommodations, their home is your home, and they
would also provide you with transportation anywhere that
you might need to go.
Then a letter from a Dr. Richard
10
Carman, C-A-R-M-A-N, Pastor, America's Lifepoint.
11
that's a community church in Rancho Cucamonga, indicates
12
that he's a retired pastor, that he believes that you
13
would do well if you're released, and that his church
14
would be behind you a hundred percent.
15
from your brother, Frank.
And
Then a letter
Is it Brambila?
16
INMATE DITOMMASO:
17
Uh-hmm.
B-R-A-M-B-I-L-A,
18
writes a positive letter indicating that he's confident
19
if you're granted parole that you'll continue your
20
strength and your faith in God and be an inspiration to
21
everyone that you meet.
22
Lifepoint.
23
pastor, and writes that as a result of discussions
24
you've had with Reverend Meyers that you convinced him
25
of your remorse for the great mistakes that you've made
And then another letter from
This is from Glen Meyers, who's the senior
65
1
that has led you to this point, and that he has every
confidence that if given the opportunity that you'll
provide yourself as an asset to society and as a worthy
candidate for parole.
stepfather, Jesus Delacruz.
Divine Real Estate Investors, indicates that his company
specializes in buying fixer-up houses, and repairing
them, and putting the homes back on the market to sale,
that he believes you'd be a great asset to the company,
And then another letter from your

This is on letterhead from
10
that he would hire you to handle all the paperwork
11
through the process of buying and selling properties
12
since you have so much knowledge in that field.
13
talked about how much he would, how many hours you'd
14
work or what your rate of pay would be?
15
16
17
INMATE DITOMMASO:
Has he
He told me I'd be full time
and that they would start me around 45, 50 thousand.

And then there's also
18
a very detailed parole plan and conclusion statement
19
that you prepared.
20
not going to address that.
21
review it when we take our recess.
22
parts of that, that you or Counsel would like to have
23
noted for the record, I'll give you both that
24
opportunity.
25
It's dated February 3rd, 2010.
Although, we'll certainly

But if there are any
All right?
INMATE DITOMMASO:
I'm
Okay.
66
1
Anything else about
parole plans that I haven't addressed that we should be
aware of?
INMATE DITOMMASO:
No, Sir.
to the psychological evaluation?
9
10
Are you going to go
Almost.
We're going to take
five.
Okay.
Let me just
11
finish this and then we'll take a short break.
12
send out what are known as 3042 notices.
13
notices that go out to the various criminal justice
14
agencies that were involved in your commitment offense.
15
We didn't receive any written response.
16
have a representative from the San Bernardino County
17
District Attorney's Office, who is present, as you're
18
aware, hooked up through the video conference system,
19
and she'll be participating in this hearing in just a
20
short time.
21
ATTORNEY DYER:
We also
Those are
However, we do
Commissioner, I'm not sure if
22
this would fall under the classification of a 3052 [sic]
23
notice, but we do have a letter from the San Bernardino
24
Office of the District Attorney, March 2nd, 2006.
25
It's old?
67
1
2
ATTORNEY DYER:
That is in the Board Report and I
have a copy here if you'd like it.
ATTORNEY DYER:
Yeah.
that in my Board packet.

ATTORNEY DYER:
10
Yeah, I did not see
And since --
2006?
Let me pass that to you.

We'll look at it.
Let me -DEPUTY DISTRICT ATTORNEY DAWSON:
11
Board packet, Commissioners.
12
miscellaneous.
13
transcriptionist, that's K-E-R-S-E-Y.
14
on Mr. Harrison.
It is in the
It's under the
It's from Cheryl Kersey.
15
16
And for the
She did the trial
Okay, thank you.

Thank you, Counsel.
17
Obviously, since I was foolish enough to be looking for
18
the letters under the notices and letter section, I
19
didn't see this letter in the miscellaneous section.
20
I'm going to address it very briefly.
21
certainly, Counsel, you can make, in your closing, any
22
statements that you'd like to make and build on this in
23
any way that you would like.
24
dated March 6th.
25
cooperative when he was called as a witness, that he was
And then
Again, this letter is
It indicates that Mr. Ditommaso was
68
1
found to be an intelligent individual with good memory
for details involved with the case, that he cooperated
with the Prosecution with his testimony, and he recited
the facts consistent with prior statements given to law
enforcement.
Counsel.
7
8
ATTORNEY DYER:
I have one in my Board Report.
You're free to keep that if you wish.
9
10
And I will provide this copy back to

well.
11
ATTORNEY DYER:
12
13
14
Okay, either way.

Commissioner?
Yeah, let's take a
quick -- Let's take five.
15
16
take a short break.
17
in five or ten.
18
19
Apparently, I may as
Okay.
We're going to
It's about 12:30 and we'll be back
Thank you.
Bye, Ms. Dawson,
we'll mute you.
20
21
Can I --
(Off the Record)
22
We're back on the
23
record after a brief recess.
24
12:45.
25
hearing room, as well as the Deputy District Attorney
The time is approximately
Everyone previously identified is back in the
69
1
from San Bernardino County, who's reconnected through
the video conference system.
now to the psychological evaluation.
address just a couple sections of the evaluation that I
think are most pertinent to the hearing process, and
that's primarily because a lot of the evaluation talks
about history, and the crime, and commitment offense,
and things that have already been discussed in some
detail.
And we're going to move

I'm going to
I see no reason to re-discuss those area.
10
However, any sections of the evaluation that you or
11
Counsel would like to have noted for the record, or any
12
comments that either of you would like to make, I'll
13
give both of you that opportunity.
14
on page 8, under diagnostic impressions.
15
the doctor indicates that there is no diagnosis.
16
Axis II, it's noted that there's a personality disorder
17
not otherwise specified with narcissistic traits.
18
in that paragraph following diagnostic impressions, the
19
doctor writes that you appear to have some traits of
20
narcissistic nature with some history of lacking
21
empathy, feelings of superiority toward those around
22
you, exploitation of others, and a sense of grandiosity
23
within emanating a sense of maintaining a special
24
position associated with your religious beliefs.
25
appear somewhat detached and condescending toward those
I'm going to begin
Under Axis I,
Under
And
You
70
1
around you with an inability to identify what strengths
or foibles of other inmates.
religious speech with a resulting lack of clarity to
your thoughts and feelings.
the doctor is doing is briefly writing a basis of the
personalities or a conclusion.
page 11.
violence, the doctor discusses that the various tests
that were used estimate the likelihood of future
You tend to revert to
And I think basically what
And then moving on to
With regard to the assessment of risk for
10
violence and recidivism.
11
discussion, but I'm certainly going to address the
12
results.
13
the low range.
14
intended to measure the likelihood of violent
15
recidivism, you scored in the low range.
16
page 12.
17
is designed to evaluate level of risk to recidivate
18
generally, you scored in the very low category.
19
then under the overall risk assessment, the doctor
20
writes that after weighing all the data from the
21
available records, the clinical interview, and the risk
22
assessment data, it's opined that the inmate presents a
23
relatively low risk of violence in the free community.
24
Certainly a positive evaluation in that regard.
25
comments or other sections of the evaluation that you or
I'm not going to address that
And with regard to psychopathy, you scored in

With regard to the instrument that's
And moving to
With regard to the actuarial instrument that
And
Any
71
1
Counsel would like to have noted at this time?
ATTORNEY DYER:
INMATE DITOMMASO:
5
6
All right.

questions.
accurate?
10
No, Sir.
Commissioner?
Not at this time.
Just a couple
You're a pretty religious guy; is that
INMATE DITOMMASO:
Yes, Sir.
So has your faith
11
been shaken by these actions that have been involved
12
with priests or deacons?
13
INMATE DITOMMASO:
14
15
16
It did in the beginning.

How did you get
over that?
INMATE DITOMMASO:
Over time, I began to build my
17
trust level up.
18
to a priest or anything.
19
lot of prayer and studying of the Bible.
20
21
22
23
And pretty much, I've really not opened

I just did it on my own in a
Do you have
difficulty trusting a church leader?

INMATE DITOMMASO:
I have a difficulty in
trusting people in general, Sir.
24
25
INMATE DITOMMASO:
Why is that?
That's just been one of my
72
1
downfalls.
of myself, is trust, is to trust people.
3
4
I would say that's probably my worst quality
Has that been
around for a while?
INMATE DITOMMASO:
Yes, since I was a child.

All right.
I don't
have anymore questions.
clarifying questions for the Panel to ask Mr. Ditommaso?
Ms. Dawson, do you have any
Yes, Sir, I do.
10
Commissioners, I was wondering if the Panel would ask
11
the inmate if he admits to leaving the gun outside of
12
his office for Mr. Harrison to use to shoot the victim?
13
14

the question?
15
INMATE DITOMMASO:
16
17
Did you understand
Yes, Sir.
Can you answer
that?
18
INMATE DITOMMASO:
19
20
Yes.
Yes.
He spoke
21
earlier about how he testified in the trial against Mr.
22
Scott Harrison and I was wondering, when he testified in
23
that trial, did he admit that he had planned the murder
24
at that time like he told the Panel today?
25
Did you admit?
73
1
INMATE DITOMMASO:
No, I did not.

No, he did not.
Did the inmate
use the version that he had used prior to that, which is
that he only expected Mr. Harrison to speak with the
victim and not kill him?
7
8
9
10
11
12
Did you understand
the question?
INMATE DITOMMASO:
Can you repeat the question?
Ms. Dawson, can you
repeat that?
Yes, I can.
13
Commissioner, I asked if the Board would inquire, then,
14
if he testified that he only expected Mr. Harrison to
15
speak with the victim and not kill him.
16
Did you expect Mr.
17
Harrison just to speak with him, with the victim rather
18
than kill him, is that what you testified to?
19
INMATE DITOMMASO:
20
21
22
Thats what I testified to.

That's what he
testified to.
Thank you.
23
Commissioner, I would also ask the Panel to inquire if
24
in fact his first wife, Lisa, if she didn't ask him for
25
a divorce prior to the murder of the victim?
74
1
Did your ex-wife,
Lisa, ask you for a divorce prior to the murder of the
victim?
4
5
INMATE DITOMMASO:
I don't recall her asking for
a divorce.
He doesn't recall.
In the psych
report, on page 3, it appears as though the inmate told
the doctor that he and Lisa had separated, and that they
10
continued to live as roommates after separating in 1990,
11
and they co-owned a condo for about a year and a half
12
until she moved away.
13
Was the inmate living with Lisa at the time that he
14
planned to have the victim murdered?
15
16
I would ask the Board to inquire.
Were you living
with Lisa at the time you --
17
INMATE DITOMMASO:
18
19
Yes, I was.
Yes.
Could he
20
explain to the Board the comment made to the doctor this
21
year about, that they were separated and only lived as
22
roommates since 1990.
23
ATTORNEY DYER:
24
25
What's the question?
question, Ms. Dawson?
Can you clarify the
75
1
Certainly.
The
statement today is that he was living with Lisa at the
time of the murder.
was not living with her, that they were merely roommates
after they separated in 1990.
the Board could inquire into that discrepancy and if he
could explain it.
8
9
And yet, he told the doctor that he
ATTORNEY DYER:
ambiguous.
I object.
The question is
She's asking if they were living together or
10
were they roommates.
11
the question.
12
And I was wondering if
I need some more clarification on
Were you in a non-
13
romantic relationship with Lisa when you were living as
14
roommates?
15
INMATE DITOMMASO:
These dates of this is
16
incorrect.
17
still living together.
18
separated and lived as roommates.
19
20
When the murder took place in 1992, we were

It was after the murder when we
Okay.
He said that
the dates are inaccurate.
21
22
23
I did hear him.
Okay.
You asked today
24
about his second wife, I believe it's Jessica, and
25
getting the phone number and address of the pastor or
76
1
deacon that she was seeing.
the name of Joe.
friends were able to get him that information and yet he
said he called Joe.
could inquire how he got that information, how he was
able to make contact.
7
8
And I believe he called him
And he said nobody in his family or
And I was wondering if the Board
How were you able
to make contact with Joe if nobody gave you --
INMATE DITOMMASO:
Joe was at my mother's house
10
with my ex-wife, Jessica, and my daughters.
11
called, I was able to speak to them on the telephone.
12
13
And when I
Okay.
I would ask the
14
Board to inquire.
15
family and told them that he planned this murder, and
16
intended this murder, and he expected the victim to be
17
murdered?
18
19
22
23
Have you come clean
with your family on this?
20
21
Had the inmate come clean to his
INMATE DITOMMASO:
Yes, they are well aware of
it.
I have nothing
further, Commissioner.
24
25
have any questions for your client?
Thank you.
Do you
77
1
ATTORNEY DYER:
ATTORNEY DYER:
Can I take one minute?

Sure.
No, thank you.

Okay.
Let's go to
close.
Well, you know, I have one more question.
sorry.
I know this is not protocol, but I need it
clarified.
Decision.
what you presented today?
I'm
Why did Lisa -- I read the Appellate Court

Why was Lisa's testimony so different than
She said she didn't -- I
10
mean, and what I mean is, she said that she didn't know
11
that this was going to happen and this was very
12
upsetting to her.
13
thing up.
14
15
16
17
18
She thought she was just setting this
Is that --
ATTORNEY DYER:
Are you talking about Elizabeth
or Lisa?
I'm sorry,
Elizabeth.
ATTORNEY DYER:
Okay.
First of all, I'm going to
19
tell him he can answer any question you want to ask.
20
would note that as to why Elizabeth did or didn't do
21
anything, he'd be speculating.
22
ability, if he can answer that, I would say, but I --
23
But to the best of his
Yeah, I just want
24
to know the discrepancy.
25
There's a huge discrepancy between the Appellate Court
Any way you want to, you know.
78
1
Decision from what she said and what you said today.
just want -- I'm going to give you an opportunity to
maybe shed some light on that.
as your Counsel said, very easily can say, I have no
idea, and then just leave it like that.
INMATE DITOMMASO:
If you don't know you,
I don't know why she said
anything, that she was not involved or she didn't know
that this was going to happen.
it.
She was well aware of
Today, I came to present to you the truth.
All
10
along, I have been denying my involvement.
11
coming and telling you that I planned it from day one
12
with Scott Harrison and Elizabeth Miner involved, and
13
they were well aware of what was planned.
14
plan of the murder of Phillip Perry.
15
Okay.
Today, I am
It was the
And the only
16
reason why I'm really asking these questions, because it
17
seems -- I don't want to be redundant, but I know that
18
Commissioner asked you this question, too, right?
19
INMATE DITOMMASO:
20
Yes, Sir.
I'm just curious.
21
I have this thing where all dots sometimes need to
22
connect, right, and I'm not getting any connection of
23
dots.
24
this matter with nothing in return.
25
-- And I really, I listened to your response then, but I
I don't know why they would agree to help you in
And I know that was
79
1
just wanted to give you another opportunity to, if you
know that, if you don't know.
make sense.
INMATE DITOMMASO:
Just, something doesn't
I don't know, Sir.
I do not
know why they did it.
today, would you help, I would say absolutely not.
7
8
9
Because if somebody asked me

Okay.
Let's go to close.
Yeah, me too.
Ms. Dawson?
Thank you,
10
Commissioner.
11
closing is going to be a little all over the place.
12
going to start off with the letter from Deputy District
13
Attorney Cheryl Kersey at the time.
14
cooperative and testified just like he told the police
15
his story.
16
that he's a great guy.
17
letters from DAs in their files.
18
about that letter?
19
2006 and we know today, June 22nd, 2010 the inmate lied.
20
He took a oath, he sat there in Court, and he lied.
21
didn't know anything.
22
talk to him."
23
his story for years and years, and years.
24
devastated because he's cheated on.
25
a divorce apparently is something he cannot and will not
I will apologize because I think my

I'm
And she said he was
And that's the letter that he used to show

It's not often inmates have
But what do we know
We know that Ms. Kersey wrote it in
"I
I just thought they were going to
Poor old Mr. Ditommaso, because that was
This man is
The idea of having
80
1
handle.
divorce?
April 4th, 1992, the wife asked Defendant for a divorce.
But, gosh, he doesn't recall.
Nine days later, he had the man killed.
just convenient.
if he's come clean with them, because when you look at
those letters from those people, he's a great person, it
was poor judgment.
Do you remember your wife asking you for a

"I don't recall."
Page 4 of the appeal:
On
She asked for a divorce.

I guess it's
I asked the question about his family,
The minister even said, Pastor
10
Carman said he never meant to hurt anyone.
11
really?
What is he telling the pastor?
12
murder.
I set it up.
13
ditch the body.
14
And the minister writes, he's a great guy, he never
15
intended to hurt anybody.
16
writes, he's come clean with his various mistakes.
17
Various mistakes.
18
ditching the body in another country, writing letters to
19
indicate the victim was never coming back.
20
equal mistakes.
21
people like this guy, including the doctor who did the
22
report.
23
various statements.
24
today, he admits, he had to admit to the Board.
25
look at -- I mean, to the Panel.
Oh, my God,
"I planned the
I provided the weapon.
I helped
I had the body hidden in my condo."
Please.
The other minister
Planning a murder, hiding the body,
Those now
You have the impression that a lot of
I would ask the Board to look at all of his

Because when you look at them
You
You look at his Board
81
1
Report, he said he asked them to set up a meeting and
then he was informed that Mr. Harrison had killed the
victim the next day.
beforehand.
made that statement to his counselor March 16th, 2010,
so he's now lying.
anything.
years -- What did he say exactly?
come forward.
He didn't know about it
He only found out the next day.
Now, he
That was in '92, he doesn't say
And I loved his statement today.
Those ten
He didn't know how to
It's enough to make you choke.
This is a
10
man who claims religion is Bible to him.
11
Bible to him then.
12
Catholic church, and he didn't know how to come forward.
13
He couldn't go to a minister.
14
mother.
15
had to come a little bit more clean with the Board and
16
said, well, I knew I'd go to prison.
17
he couldn't come forward.
18
wouldn't come forward.
19
matches or measures up with somebody who claims such
20
religion.
21
the Deputy Commissioner said, it's phenomenal.
22
look again.
23
person.
24
his religion, and everything is based on his religion,
25
and the crime happens partly because of his religion,
Religion was
A priest, deacon, sounds like
He couldn't go to his
He couldn't go to the police.
Well, then he
So it's not that
It's that he's a coward and
And all that lays out and
And look at all of his self-help.
It's like
Well,
Almost every single one is from the same
It's all from the church.
When somebody uses
82
1
and everything that's' going on and these people didn't
help you.
Attorney's Office, we'd like to see a little diversity
in his self-help.
do something other than rely on God and his Bible,
because it didn't help when he was out here on the
street.
all that.
There was no plan for murder.
From the perspective of the District
We'd like to know that he's able to
Then you look at the psych report.
Go through
He talks about how it was only to talk.

And he was interviewed by
10
the doctor February 18th, 2010 and he's still claiming
11
that it was, he didn't understand, these people did
12
this, he didn't plan the murder.
13
that psych report, he's talking about he hasn't had the
14
tendency to receive help, and that he's come to trust
15
the priest in the prison, and that he realizes that Lisa
16
was wrong also, not just the priest. Lisa and the priest
17
had an affair that they shouldn't have had, and he plans
18
to have him killed and then lie to everybody about it.
19
I didn't notice him putting his statement in there about
20
how wrong he was.
21
The history of the life crime begins on page 8 of the
22
psych report.
23
about the affair the victim denied it and refused to
24
stay away from his wife like he had asked.
25
inmate had asked.
He stated on page 5 of
Lisa was wrong and so was the victim.
And there, he said when he found out
Meaning, the
Then he found more letters.
He said
83
1
he went to the police, who did not do a follow-through
on a promise to take care of it.
investigate marital infidelity.
to his stepsister and a brother-in-law.
quite right.
Perry and tell him to stay away.
through his stepsister that Mr. Perry was dead.
got out of hand.
still sticking to that version of, "I just involved all
I don't think police

He said he then talked
That's not
It was Mr. Harrison was to talk to Mr.

And then he found out
Things
So he lied to the doctor, too.
He's
10
these people in my personal life to talk to this guy and
11
ask him to just stay way."
12
it a little bit, but he talked today.
13
the very beginning, why, why did you do this.
14
"Confused, didn't know what to do, my wife was cheating.
15
I should have just divorced her.
16
old."
17
not an answer.
18
hearing, he finally admitted it wasn't because he was
19
confused and didn't know what to do.
20
revenge.
21
then he tried to do the same thing and find out about
22
his second wife's boyfriend ten years later.
23
tells you he's 41 and basically somehow being 41 means
24
he's not going to do anything at all.
25
look at the Board Report.
And I know the Panel hit on

You asked him at
I was only 23 years
Like there's an age where we learn that murder is

And today, towards the end of the
The motive was
And he uses the excuse, "I was only 23."
But now he
I ask you to also
Because you know what he
But
84
1
called this planned, cold, calculating murder, for
almost hire or something?
tragedy.
in the psych report.
he thought Scott, quote, "Would tell the victim to stay
away."
that he was also thinking about informing the victim's
wife.
one who asked him to set it up, he's the one who tells
A tragedy.
It's just a
And you look under the remorse and the insight

He says on page 9, at the bottom,
And he thought that more people told him and
Yet, he's the one who provided the gun, he's the
10
him where to hide the body before they can take it down
11
to Mexico.
12
life, totally uncalled for.
13
the worse day of his life?
14
bother him for ten years that he killed somebody, that
15
he had somebody killed.
16
when he got caught.
17
having contributed to the man's death and the pain
18
resulting in their family, and his family, and the
19
community.
20
clean, clinical language.
21
you asked somebody to do the murder, and you're the one
22
who wants the guy out of the picture, your actions do
23
not equal contribution.
24
mastermind.
25
feels bad because he was involved in threatening the
And then he says it was the worse day of his

My question is, what was
Because it didn't seem to
The worse day of his life was
Then he says he feels horrible in
Say again, contributed.
He uses such nice,
When you plan the murder, and
They equal lead, the
It is all his fault.
Then he says that he
85
1
priest and not reporting the crime, like that's all he
did.
We start of with, "I was just confused, my wife was
cheating, I'm only 23 years old, revenge, I wanted him
out of the picture."
caused today because of the jealousy.
jealousy, because of what he felt.
he still doesn't understand.
It's not because of what
he felt that he's in prison.
It's because of what he
To his benefit, he's come clean today, sort of.
He said he knows the pain he

Because of his
My statement is that
10
did.
11
divorce, couldn't handle the cheating, so he has the
12
person killed and sets up all of this planning, involves
13
his own mother.
14
to come forward.
15
crap.
16
people.
17
think it is.
18
the doctor gives him a really nice evaluation.
19
about his faith, and that this inmate now is not going
20
to have problems with women anymore.
21
going to wait for God to put a woman in his life, and
22
will make sure of the relationship, and be involved with
23
a good Christian woman.
24
It's their fault, because he's just going to be a good
25
guy and God is just going to provide for him.
It's because he was a coward and couldn't handle a
And again, how he just didn't know how

Pardon my language, but that is such
Today, he made the statement he hurt several

Several people?
Like, it's not as bad as I
He hurt several people.
But, you know,

Talked
No, because he's
So it's those other women.
He said
86
1
stressful aspects of maintaining a relationship while in
prison.
said in the hearing today, she didn't want to bring the
children to prison.
visit and expected phone calls and that created stress
for him.
somebody that you're married to, that they would call
you and that they'd want you to come visit them in
prison.
He talks about his wife, Jessica, and how he
And he said his wife had wanted to
Like, I guess that's too much to ask of
It's very confusing.
Talks about his insight,
10
self-assessment, bottom of page 4.
11
strengths, is trustworthy, honest, loving type of guy.
12
He always tries to help people.
13
there, except when he has them killed.
14
how he has issues with the priest.
15
trouble trusting people.
16
surprise since most of the time we expect people to be
17
like we are.
18
somebody killed, to be taken out, a father of four, and
19
write letters, and plan on that body never being found,
20
and can live day-to-day, get remarried, produce two
21
children, and just go about your life after you've had
22
somebody killed, it's not too surprising that this
23
person would have trouble trusting anybody else.
24
page 5, they talk about what -- He was asked about his
25
prior attempts to ascertain contact information about
His personal
I put a little note

He talked about
He says he has
Well, that doesn't come as a
And this type of person who plans to have
On
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1
another priest who accompanied Jessica and her children
to an amusement park.
still contact him and find out are you going to be
involved with my wife."
men and, "I will always talk to her to make sure they
treat our daughters good."
involved like he has a right to tell somebody who they
can and cannot be involved with.
with this man he thinks he owns you.
He noted, quote, "I currently
He knows that she is with other
But he still got to be
Somehow, once you're

Talks about see
10
what hurt the family has gone through, that he says
11
being with family is worth more than anything.
12
wouldnt jeopardize it again for money.
13
materialistic, that he was not a criminal, he made bad
14
choices.
15
walked up to him and punched him the face, I could agree
16
that would be a bad choice.
17
doesn't get the answer he wants, but he does admit to
18
you today that even had he gotten the answer he would
19
have killed them.
20
when Lisa and the victim were together.
21
why did you keep up on the confrontation.
22
would have killed them either way."
23
to taunt them.
24
detached from personal relationships, relies on
25
religious beliefs and identification as a sole sense of
He
He said he was
You know, if he got angry at the victim and
But he contacts him twice,
He said them when he talked about

You asked him,
"I probably
He confronted them
The doctor points out that he appears
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1
support, somewhat nave.
Somewhat nave regarding the prospects of parole at this
time, appears to maintain a somewhat moralistic or
impulsive stance in his anticipated plans to make
contact with a spouse's lover if that situation were to
occur.
report, February 2010.
appearing ingratiating, that he strives to maintain his
morals according to Christian values, and when errs he
10
recants, and that he seems to easily take a moralistic
11
approach towards himself and others.
12
narcissistic traits, but it also said he has become
13
engulfed, on page 8, engulfed with a sense of religious
14
identity such that he has lost or not found the human
15
connection necessary to maximize the benefits of
16
religious beliefs into one's life and relationship with
17
others.
18
emphasis on helping others but resisting help from
19
others.
20
through to the bottom of page 10, where it talks about
21
the life crime and remorse, the insight, it's all lies.
22
Because he's telling the doctor that, you know, this was
23
just never to happen.
24
And then the comments about contributing to the death
25
and not reporting the crime.
I'm reading from page 6.
He's still planning on doing that as of this

The doctor talks about him
Talked about the
There seems to be quite a disparity between his
When you look at the pages, the bottom of 8
"I just wanted him to stay away."
So after he lies to the
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1
doctor and the doctor writes everything, that this guy
is such a great guy, he's doing great in self-help, the
doctor gives him low, low, very low, overall low.
it also talks about, under the PCL-R, the items that
required some concern, I guess is the right word,
included glibness, superficial charm, grandiose sense of
self-worth, pathological lying, conning and
manipulative, lack of remorse or guilt, shallow affect,
callous lack of empathy, parasitic lifestyle, poor
But
10
behavioral controls, impulsivity, irresponsibility, and
11
failure to accept responsibility for his own actions.
12
It talks about the relationship instability.
13
believe that that's still something that the Board
14
should be concerned about.
15
try to find out what -- I guess just the second ex-wife
16
not the first ex-wife, what she's doing because she has
17
his children.
18
he couldn't divorce or he had people contact the victim
19
because he wanted to stay with his wife, Lisa, to be the
20
father figure to her child.
21
that he lacked some insight into his thoughts, feelings,
22
motivation and behavior.
23
notes he completed lied to him.
24
low risk evaluation, I think that the Board needs to
25
take into account that today is the first time he's
And I
As he says, he will always
And that was another thing.
He said that
They say under the clinical
And that's before the doctor

So the fact that it's a
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1
starting to come clean.
revenge, that he intended all this, he planned all this,
and is just shocked that people would go on and help
him, and that he was only 23 years old.
that means that he didn't realize that when you get
burned by another that murder was not a logical choice
because he was just confused and 23 years old.
a person who gets other people to do his dirty work.
This is a person who is manipulative and then some.
He's admitting that this is
10
is not suitable for parole.
11
deny him.
He
Thank you.
13
15
This is
We would ask the Board to
12
14
Like, somehow
Thank you.
Thank you, Counsel.
Counsel, closing.
ATTORNEY DYER:
Thank you.
Well, let's talk
16
about what we agree on.
17
that parole is the rule not the exception.
18
is Mr. Ditommaso's suitability today not when he was 23
19
years old and committed this crime.
20
about this crime.
21
was a cold and calculated crime.
22
Ditommaso agrees that he's fully responsible for it.
23
agree and Mr. Ditommaso agrees that he arranged the
24
meeting and he directed the killing.
25
about that.
We agree that, we can agree

The question
And let's talk
We agree and Mr. Ditommaso agrees it

We agree and Mr.
There's no dispute
Now, in the past, Mr. Ditommaso was not
We
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forthright.
criminal justice system.
going on in his life.
father, he became haunted by what he had done.
saw the birth of his first daughter, it came to him, the
realization came to him that he and he alone was
responsible for taking a life.
psychological affect, a psychological affect that I
would argue actually started back around the time of the
For ten years, he stayed out of the

And let's talk about one thing
He became a father.
He became a
When he
This had a tremendous
10
crime.
11
find one fact a little odd.
12
showing us that a psyche is screaming out for help.
13
wrote these alibi letters and he didn't wear gloves.
14
left his fingerprints all over them, fingerprints that
15
eventually led him to his indictment.
16
curious oversight for such a cold, calculating guy.
17
What was Mr. Ditommaso motivated by?
18
- Certainly, it was a cold and calculating murder, but
19
what was going on?
20
with him?
21
because it shows whether or not he has insight.
22
jealously.
23
strong feelings and they were acting on him, and
24
certainly that is true.
25
calculating, though, if he were that heinous, he could
For such a cold, calculating, intelligent guy, I

One fact seems to be
He
He
That seems like a
Was he motivated -
What has he told you was happening
And this is important for you to understand

Rage,
He said he was packing in these tremendously
If he were that cold and
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1
have escaped detection.
gloves when he mailed those letters.
curious to me.
in his life, his psyche started to work on him.
started to bubble up.
try and repress things.
repress things.
of the closet bigger and more forcefully than when you
packed them down, and that's exactly what happened here.
He didn't wear any kind of

That is, that's
It's almost like what started to happen

It
When you pack things down, you

They come back.
You can't
They come back and they come back out
10
When he did -- When he was confronted, he did talk with
11
detectives.
12
Now, it was an ongoing process.
13
happened at Mr. Harrison's trial and Mr. Harrison was
14
his brother-in-law, by the way.
15
married to Lisa's sister.
16
there was a kin relationship there.
17
know, we don't need to quibble over facts, but let's be
18
clear about that.
19
brother-in-law.
20
convicted.
21
dont know anything about Mr. Ditommaso's testimony at
22
Harrison's trial.
23
help Mr. Harrison and I don't know how he was prepared.
24
I don't know in the course of preparing for trial if a
25
District Attorney would want him to remain consistent
He admitted his involvement in the crime.

I don't know what
Mr. Harrison was
I think Lisa's sister, so

So that's, you
I mean, he was in that sense a

But I'm not sure why he wasn't
I don't know anything about that trial and I
I can't believe that he was there to
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1
with a prior story.
if I get new testimony out of a witness who's given a
prior statement, that's pretty fertile ground for cross-
examination.
We just don't know how that testimony went about.
know that Deputy DA Kersey appeared to be satisfied with
the performance.
It was pretty factual.
trial, he testified consistently, he was cooperative, he
I know that as a Defense Attorney,
So those are things we just don't know.

We
It wasn't a glowing letter she wrote.

It just said that he went to
10
seemed intelligent about facts.
11
recommendation.
12
other words, he did exactly what she asked him to do.
13
Like I say, if he were to come to trial and change his
14
story, there are strategic implications to that.
15
Trials, as Deputy District Attorneys know, are not
16
necessarily about innocence.
17
prove.
18
don't know how it came about.
19
Ditommaso cooperated with the San Bernardino District
20
Attorney.
21
didn't have to cooperate.
22
him, nothing whatsoever.
23
there was any contract.
24
that, so he did what he was asked.
25
of the San Bernardino District Attorney is going to call
That's not a glowing
That's just a factual recitation.
In
They're about what you can
So we don't know anything about that trial.
We
We do know that Mr.
He did what they asked him to do.
And he
There was nothing in that for

The letter doesn't indicate
He didn't get anything out of
And now the Office
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1
him a liar and excoriate him because of that because
they have a job to do.
about innocence or the truth.
suppose to do and in Parole Hearings you tend to -- They
tend to be -- Everyone has an agenda as advocates.
the question is, what does the record show as far as
whether or not Mr. Ditommaso is suitable to be released
into society on parole?
that either supports or fails to support his suitability
Again, its not necessarily

It's about what you're
But
Consideration of the evidence
10
is what you have to consider in conjunction, in concert
11
with the facts of the life crime.
12
little bit about this second pastor.
13
-- It's karmic how a second pastor comes along and
14
becomes involved with Mr. Ditommaso's second wife.
15
Things happen strangely.
16
burst and during interlude, I appreciate your patience,
17
Commissioner, with that.
18
it, 180 percent different, completely different.
19
first case, when he's 23, Mr. Ditommaso arranged a
20
murder of his wife's paramour because he's enraged,
21
because he's out of touch, because he's jealous, because
22
he's packing, he's disgraced.
23
the same emotions are there.
24
think about, and that's exactly what he is thinking
25
about.
Now, we talked a
And it's funny how
But as I pointed out during my
And I'll just briefly touch on

In the
The second pastor, all of

He's got two daughters to
He contacts -- He's able to contact the pastor
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1
and set up a way to communicate with his daughters in a
civil and an acceptable way.
detriment of nobody.
daughters.
testament to how he has changed when you look at those
two things.
There are testimony referred to secondhand in the
psychological report.
psychological report the psychologist is saying that
And that is to the
That is to the benefit of his
I couldnt think of a more pronounced
There is testimony in an Appellate Record.
I do note that at page 9 in the
10
Scott, the brother-in-law, reported that things got out
11
of hand, he shot Mr. Perry and needed help disposing the
12
body.
13
not sure where it came from.
14
statement.
15
don't know if it's coming from what Mr. Ditommaso said
16
about Scott or if that's coming from a different record,
17
but I would just note that is not his statement, not Mr.
18
Ditommaso's statement.
19
really boils down to one thing.
20
Mr. Ditommaso know what he did, does he have insight so
21
that he would not do it again?
22
factors, showing his suitability is the psychological
23
report.
24
here today, but I don't know why that would be.
25
Taylor is a professional.
That statement is attributed to Mr. Scott and I'm

That's not Mr. Ditommaso's
That's a statement attributed to Scott.
When we look at this case, it

It boils down to, does
Mitigating one of the
And I know it's been denigrated to some extent

Dr.
He weighed all of the risk
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1
factors.
instruments, the PCL, the HCR.
listing of psychological attributes, glib, grandiose,
etcetera.
Ditommaso in such a way that made him a risk.
assessment is that Mr. Ditommaso is low and very low
risk to be released into society.
Ditommaso explained.
asked him, what's insight.
He knows -- He applied the testing

He gave a boilerplate
But he found that they did not apply to Mr.

The
Now, again, Mr.
He told you what insight is.

And he defined it.
You
He
10
nailed it.
11
himself, when he committed the life crime, and in
12
context of himself today.
13
He said, "I killed -- I wanted Perry out of the picture.
14
That was the plan, to get him out of the way."
15
didn't accomplish anything.
16
that accomplish.
17
What did it accomplish, what could it have accomplished?
18
I mean, obviously, if he could go back in time and do
19
things differently, who he is today, he would.
20
that's exactly what we're looking for.
21
person who committed the crime when he was 23, is this
22
the same person who sits before you?
23
ten years and he was scared.
24
scared?
25
was scared because he had assumed fatherhood, and he had
And then he talked about it in context of
And he didn't spare himself.
It
The question was, what did
And, of course, it's a good question.
And
Is this the same
He denied it for
And you know why he was
He was scared because he had daughters and he
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1
responsibilities, and he had love, and he had
tenderness, and he didn't want to go to prison for those
reasons.
He wasn't just on the lam.
the run.
There was a reason for that, a very humane
reason.
daughters.
for in whether you find out, whether you decide someone
is suitable for parole or not.
decision.
He wasn't just on
It was because of his connection with his

Those kind of connections are what you look
You might question that
Certainly, it's better to be forthright and
10
go to the authorities immediately.
11
out, in that ten years, Mr. Ditommaso performed no
12
violent acts.
13
responsibility.
14
to perform his acts or to take responsibility for him.
15
Instead of going to the authorities, he went to church
16
and he made an admission to himself and to his higher
17
power, and he asked for forgiveness.
18
- He tried to -- His reconciliation was coming through
19
his religious, you know, the dawning of the light, so to
20
speak.
21
children that he was responsible, that was his best
22
alternative.
23
admitting and confessing, and he admitted assisting the
24
authorities in solving this, but it was a process.
25
you can see that his -- You can see how the goodness in
I also want to point
Now, he told you that he takes full

He's no longer looking for other people
And he asked for -
And he did that, again, because he felt, with
It turned out not to be.
He ended up
And
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1
him was starting to bubble up and starting to make his
life difficult and untenable.
he could get away with it, thought he was smarter than
the system.
in touch with his actual, his powerful emotions, his
rage, and his destructive tendencies at the time.
would like to just now talk about the empathy that Mr.
Ditommaso has exhibited to other people.
through his acts toward others that you can start to see
He, at the time, thought
Again, that's part of his inability to be
Because it's
10
his character now as it's begun to reform.
11
start to see how that's starting to come through.
12
Because you simply can't, you can't have that kind of
13
empathy toward other people and hold onto the same
14
destructive tendencies, and thoughts, and emotions that
15
someone like him had when he was 23 years old.
16
spent his career in prison trying to help other people.
17
That's all he does.
18
you know, sitting vigil.
19
disabled inmates.
20
other inmates with his presence, with his demeanor, with
21
his good works.
22
develop into yourself and start to develop empathy
23
toward others, that's some evidence that you're
24
unsuitable for parole based on the unchangeable history
25
factors of the life crime.
You can
He does it 16 hours a day.

He's tutoring.
He has
He is,
He's helping
He helps to be a calming influence on
The question is, when you start to
His due process right before
99
1
you today is to be considered on that guideline, whether
there is some evidence supporting the District
Attorney's argument that because of things he's done in
the past he's unsuitable today.
in that chain.
his incredible programming, with his incredible work
here, better than any other inmate, seen by at least one
Commissioner, is he the same person, is he unsuitable
for parole based on what he did in the life crime?
There has to be a link
And with who you're given today, with
10
There are multiple positives to talk about here.
11
parole plans are fine.
12
the factors under Title 15, but I think what I'm trying
13
to do is address the concerns that were raised in the
14
District Attorney's closing argument.
15
look at Mr. Ditommaso today, and when you look at the
16
work he's done, and when you look at the empathy, and
17
the honesty, and the insight that he's shown, I think
18
you can safely say that he is not a risk.
19
risk to be released into society.
20
parole and I would ask you to find him so.
21
His
He's suitable under so many of
I think when you
He's not a
He is suitable for
Thank you, Counsel.
22
Mr. Ditommaso, it's now your time to tell us why you're
23
suitable for parole.
24
25
INMATE DITOMMASO:
I would like to begin by
thanking you for the opportunity to speak today.
First
100
1
and foremost, I'd like to express my sincere apology to
the family of Mr. Phillip Perry.
feelings of remorse and want you to know that I do
understand the magnitude and seriousness of my actions.
I take full and complete responsibility for the crime I
have committed.
reverse the events of this horrible day.
incarceration, I've been able to look back into the past
and have come to realize the impact of my decisions and
I wish to extend my
I truly wish there was some way I could

During my
10
how those decisions have negatively affected the lives
11
of Mr. Perry's family and the lives of my family as
12
well.
13
society.
14
inflicted on Mr. Perry's family, because of my actions,
15
were unbearable.
16
about the depression and heartache my actions have
17
brought about.
18
understand nor experience the terror a family must feel
19
after losing a loved one because of a violent act of
20
another.
21
Family will be with them forever, and for this I'm truly
22
sorry.
23
it's a burden that I brought upon myself.
24
past years, I have done some soul searching.
25
taken advantage of the programs designed to better one's
My actions then will never be accepted by

I'm positive that the trauma and pain I
Not a day goes by that I don't think
I don't think I will ever be able to
These horrible memories endured by the Perry
I will have to carry this burden forever and
During these
I have
101
1
self.
been offered to me.
better understanding of my past behavior and how my
lifestyle spiraled out of control.
also allowed me to make better decisions in the future.
I have also chosen to grow further in my spiritual walk
with God.
with my loved ones.
become a positive and productive member of my community.
I have attended every self-help group that has

These programs allowed me to gain a
These programs have
As for my future, I dream of being reunited

I want to re-enter society and
10
I no longer desire to live for myself.
11
for others.
12
materialistic items.
13
necessities of life, and most importantly, a
14
relationship with God.
15
opportunity, if possible, to share my experience with
16
young adults and maybe, just maybe I can instill in them
17
the knowledge an undesirable behavior will only reap
18
undesirable and destructive consequences.
19
want to express again my remorse for my actions.
20
to apologize to the Perry Family from the bottom of my
21
heart.
I no longer desire to have excessive

All I desire is to have basic
I would also like the
I am truly sorry.
In closing, I
Thank you very much.
22
23
24
25
I wish to live
Thank you.
Thank you.
The time is
approximately 1:40 and we're going to recess for
I want
102
1
deliberations.
Dawson.
I'm putting you on mute there, Ms.
R E C E S S
--o0o--
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8
9
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103
1
CALIFORNIA BOARD OF PAROLE HEARINGS
D E C I S I O N
3
4

record.
5
6
We're back on the
We're back on the
record.
The time is
approximately two p.m.
is back in the hearing room, as well as Ms. Dawson, the
Everyone previously identified
10
representative from the San Bernardino County District
11
Attorney's office, who is reconnected through the video
12
conference system.
13
Thank you.
Mr.
14
Ditommaso, this Panel has reviewed all information
15
received from the public and all relevant information
16
that was before us today in concluding that you are not
17
suitable for parole and would pose an unreasonable risk
18
of danger to society or a threat to public safety if
19
released from prison.
20
based on weighing the considerations provided in the
21
California Code of Regulations, Title 15.
22
year denial.
23
tell you why this Panel thinks you're unsuitable for
24
parole.
25
KARL DITOMMASO
The finding of unsuitability is
It's a five-
I'm just going to cut to the chase and
And the first reason is, is your past and

T-67017
DECISION PAGE 1
6/22/10
104
1
present mental attitude and your past and present
attitude toward the crime.
I listened to your answering our questions, and we spent
a lot of time on that, but there are so many
inconsistencies it's truly difficult for this Panel to
get past that.
us today are significantly different than what you told
the counselor for the Board Report and your clinician.
And I can quote to you and I will talk to you a little
I listened to you today and
First of all, the things that you told
10
bit about that just so we can make this clear.
11
Board Report, you said you asked your stepsister,
12
Elizabeth Miner, and Scott Harrison to meet with Mr.
13
Phillip Perry.
14
Mr. Perry at the Saint Joseph's Catholic Church.
15
then was informed that Scott Harrison has killed Mr.
16
Phillip Perry the next day."
17
gives me the impression that was just, what the heck,
18
how did this happen, what a surprise.
19
today was that you had planned his murder.
20
inconsistent right here.
21
This was done for this 2000 Calendar, 2010 Calendar.
22
looked at the psychological evaluation.
23
start with this, because this really was something that
24
concerned me.
25
KARL DITOMMASO
In your
Elizabeth Miner scheduled a meeting with
Now, reading that, that
Your testimony
This is
And this wasn't that long ago.
DECISION PAGE 2
And let's just
It says on page 9, it says:

T-67017
"I
Today, Mr.
6/22/10
105
1
Ditommaso noted the following, that he found love
letters from Mr. Perry to his wife.
confronted Mr. Perry, but he denied any affair and
refused to stay away from Lisa as Karl had asked.
Ditommaso then found more letters and went to the
police, who did not follow through on a promise to take
care of it.
do about that, actually.
stepsister and a brother-in-law.
Mr. Ditommaso
Mr.
I'm not sure what the police were going to

The inmate talked to his
The brother-in-law was
10
to talk to Mr. Perry and tell him to stay away.
11
then Mr. Ditommaso found out through his stepsister that
12
Mr. Perry was dead, shot by his brother-in-law.
13
the brother-in-law, reported that things had gotten out
14
of hand, he shot Mr. Perry, and he needed help disposing
15
the body, and so on.
16
than telling us like you told us today, that you guys
17
planned this murder.
18
especially in the clinician -- When you tell a clinician
19
untruths, he can't make an accurate assessment for us to
20
base or for us to use at least an arrow in the quiver to
21
make a decision on your suitability for parole.
22
would have been honest and forthright with the clinician
23
as you might have been with us today, then this
24
evaluation may not have been low, low, very low.
25
KARL DITOMMASO
And
Scott,
You know, that's a lot different
And the problem with his is,
T-67017
DECISION PAGE 3
If you
This
6/22/10
106
1
is totally -- This is very inconsistent with what you
told us today.
here, in this report, where you said:
his hesitant to receive help, but he will talk to the
priest.
receiving help."
that he has had with church leaders, the victim of the
crime, he stated that he has come to trust the priest in
prison, which is good.
You know, it concerned us when you, in

He noted that he
"Now I realize there's nothing wrong with

Ironically, through the sore history
He sates that he didn't realize
10
that Lisa was in the wrong also, not just the priest.
11
And I assume that you're talking about the affair.
12
assume that's what you're talking about, the affair,
13
right?
14
INMATE DITOMMASO:
15
Yeah.
But the point of
16
this is, is that you talk about that you were a child.
17
You were not a child when this crime happened.
18
an educated young man of 23.
19
going to say I'm a doctor and can say when somebody
20
matures or somebody doesn't mature, right, but at your
21
at, at this time of the crime, and then for the multiple
22
years of denial does kind of concern me and it kind of
23
concerns this Panel.
24
believing that your -- And we do this for a living.
25
KARL DITOMMASO
You were
Now, I'm not certainly
This Panel had a difficult time
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1
just want you to understand this.
for a living.
come out very credible on some of the things that you
were saying.
partner.
Mr. Harrison just doing this from the goodness of their
heart, that does not make any sense.
a murder for someone that you had all the, as you said
yourself, for revenge.
We do Parole Hearings
We do these things a lot and you didn't
I had a difficult time, and so did my
When we were talking about Elizabeth Miner and
I mean, committing
For their involvement -- Your
10
statements of -- And of course, you said you have no
11
idea why, you can't read their minds.
12
difficult for this Panel to believe, that you had no
13
idea why they were involved in this.
14
have a pretty good idea why they were involved in this
15
and I don't know why you werent sharing this with the
16
Panel.
17
you don't have a prior criminal history.
18
educated guy.
19
would not know how to deal with your wife having an
20
affair.
21
now.
22
choice.
23
next case.
24
with another relationship, maybe, with a priest and goes
25
KARL DITOMMASO
But that's very
I think you do
You know, and what's more concerning is, is that

You're an
Nothing there would indicate that you
You know, I think you have some understanding
You talk about divorce would have been the right

Then that's going to segue me, right to the
Jessica gets involved, your second wife,
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1
to an amusement park with him.
right away, you're jumping right back into that
situation the same way you did before.
know what your motives were.
honorable and you were just trying to look at a
situation for your children.
happened the first time and you're right back again
doing the same thing all over again, which really
concerns this panel.
And all of a sudden,
Now, I don't
You say your motives were
But that's not the way it
You know, you've done -- Your
10
commitment offense was really a pretty heinous act.
11
offense was carried out in a manner which demonstrates
12
an exceptionally disregard for human suffering.
13
imagine how your victim must have felt when he was duct
14
taped, when his mouth was duct taped and he was put in
15
that car, and taken away from where he was, when he
16
realized what was probably going to happen to him, and
17
then he was shot in the back.
18
crime, if it was purely revenge, it was very trivial.
19
And how this thing all relates, as far as Lawrence goes,
20
is that, if you're not able to give any kind of
21
explanation, or not be forthright or honest, then we
22
don't think you have an understanding of this life crime
23
so it doesn't ever happen again.
24
Mr. Ditommaso, but we're not really easily conned over
25
KARL DITOMMASO
T-67017
The
I can
And the motive for the
You're a smart man,
DECISION PAGE 6
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1
here on this side of the table and I dont know who you
think you're conning with all your different versions.
Now, you've done a good job while you've been in prison
and I'm going to let my partner here talk about that
right now, and then I'm going to talk a little bit more.
As I indicated
earlier, sir, your adjustment, your programming has
been, you know, one of the better that I have seen.
You've had no 128s or 115s.
You've had only one
10
disciplinary action that was taken when you were in
11
county jail.
12
regarding your work, training, and church participation.
13
The majority of those 33, you know, have to do with the
14
Pastoral Care Services Program and the majority of those
15
laudatory chronos all come from the same individual.
16
well, you've completed an excess of some 50 subjects
17
within the Pastoral Care Advanced Training Program.
18
It's certainly not to be downplayed at all.
19
that involvement seems to be somewhat limited in terms
20
of the breadth of self-help.
21
were, again, conducted by the same individual and were
22
generally brief in their duration.
But again, that's
23
not to take away from them at all.
You received
24
numerous certifications, or certificates rather, in
25
KARL DITOMMASO
You've received some 33 laudatory chronos
T-67017
As
However,
Most of those programs
DECISION PAGE 7
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1
literacy as a tutor, religious involvement.
been involved in Narcotics Anonymous.
away from that around 2005.
Part Two, Breaking Barriers, 40 Days of Purpose,
completed the ten-week conflict resolution course, the
six-month anger management course, and of course, you
have earned your master's degree from Northwestern
University in June 2006.
spending your time is definitely very positive, in my
10
11
You have
However, you move
You completed Life Skills,
So the way that you're
view.
Thank you.
And,
12
you know, I've just got to tell you.
13
remorse statement, but I don't feel your remorse
14
statement.
15
breakdown in tears or anything like that.
16
we talked about your remorse and we hear the word, but
17
we don't feel the emotion.
18
understand, really, the remorse that should be involved
19
in taking this man's life, and that's another factor
20
that we looked at.
21
acts to indicate, you know, any kind of remorse.
22
didn't talk about it.
23
but, you know, I don't know if you done any acts or
24
anything to show your remorse.
25
KARL DITOMMASO
I hear your
And when I say that, I don't expect you to

This Panel,
I don't think you really
And I don't know if you've done any

You
We really didn't ask you either,
T-67017
Anyway, you know,
DECISION PAGE 8
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1
because we did note responses to 3042 notices, and there
is an opposition to a finding of parole suitability by
the District Attorney's Office of San Bernardino as
delegated by Ms. Dawson from the District Attorney's
Office.
or Prop 9, we're supposed to start off at 15 years and
see if 15 years is the appropriate amount of denial.
looked at 15 years and we didn't feel that, because of
the actions that you've done while you've been
Now, as we're required to do, per Marsy's Law,
We
10
incarcerated, that 15 years is, we thought that would be
11
too long of a denial.
12
felt that ten years would be too long of a denial.
13
then we looked at seven, and we felt that seven years
14
was too long for a denial.
15
because it's going to take you some time to get through
16
these inconsistencies.
17
three-year denial that what would have happened was your
18
consistencies would come to haunt you again.
19
really going to have to come clean with these things and
20
you're going to have to fix them, and you're going to
21
have to really come down to a clear understanding of how
22
this happened.
23
guy.
24
branch out a little bit with your self-help.
25
KARL DITOMMASO
And then we looked at ten, and we

And
But we settled with five
I'm afraid that if we gave you a
You're
And, you know, I think you're a smart
I'm impressed with things that you've done, but
T-67017
DECISION PAGE 9
I know the
6/22/10
112
1
church is a strong salvation for you and I know it's
like the rock of your life right now, and I can
appreciate that.
need -- The church was kind of your rock then, too, so
branch out a little bit and see if you can get some
other self-help in there to show a Panel that you're
really trying to get some understanding.
that's the best advice that I can give you right now
about this.
But on the insight of the crime, you
And I think
I know they don't have a lot of self-help
10
programs right now because budgetary times are tough,
11
but you're a smart guy.
12
reports.
13
some books that you've read.
14
going to turn it over to the Deputy Commissioner and see
15
if he has any comments about the decision.
16
Get a book, do some book
Tell us what you learned from this through

You never know.
Now, I'm
Mr. Ditommaso, just a
17
couple of comments.
18
recent.
19
Your versions with them are certainly, as commented on,
20
are certainly somewhat different, in some says
21
strikingly different than the comments that you made to
22
us.
23
that you tended to downplay your role and to some
24
degree, to us, that you downplayed your role, and I
25
KARL DITOMMASO
Your meeting with the doctor was
Your meeting with the counselor was recent.
We felt that to the doctor and to the counselor
T-67017
DECISION PAGE 10
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1
think that's something that you need to address.
think you need to come one on one with yourself to grips
of what you orchestrated, you and you alone, and why you
took the steps that you took to have this crime carried
out on your behalf, the steps that you took to avoid
being caught, to avoid having the body recovered in a
timely manner, and how you continued on with your life
for ten years as though absolutely nothing had happened.
And I'm not going to speak for any other Panels, but I
10
can pretty well guess that the kinds of questions we've
11
asked you today around the statement I'm making to you
12
now are going to be asked again and you're going to need
13
to answer those, and you're going to need to answer them
14
to the Panel, and you're going to need to answer them to
15
your counselor when they do the report, and to the
16
doctor when the doctor does their evaluation.
17
got to have consistency.
18
real insight, and we don't see it.
19
You've
And you've got to show some

I wish you well.
For these reasons
20
that we brought to you, that's what makes you a current
21
unreasonable risk of dangerousness to the community, in
22
our opinion, and I want you to understand that.
23
so, you know, we talked about some of the positive
24
things that you've done.
25
KARL DITOMMASO
T-67017
Anyway,
We want to commend you for

DECISION PAGE 11
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1
those positives, but on balance, the circumstances that
make you unsuitable for parole, which we've already
discussed with you, outweigh the positive aspects of
your case.
you today, you are unsuitable for parole because you
remain a present risk of danger if released and require
an additional five years of incarceration.
disciplinary-free, get involved in some self-help.
know you are involved in self-help.
After weighing all the evidence presented to
So stay
I
You've done a lot.
10
Do some book reports, work on the inconsistencies, read
11
the transcripts.
12
and this hearing is conclude.
Anyway, the time is approximately 2:20

Good luck.
13
INMATE DITOMMASO:
14
15
Thank you.
Counsel, thank you.
Ms. Dawson, thank you.
16
17
18
Thank you.
Thank you.
You
guys take care.
19
20
21
22
23
You, too.
You, too.
Bye, bye.
Bye.
A D J O U R N M E N T
24
25
KARL DITOMMASO
T-67017
DECISION PAGE 12
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115
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PAROLE DENIED FIVE YEARS
22
THIS DECISION WILL BE FINAL ON: October 20, 2010
23
YOU WILL BE PROMPTLY NOTIFIED IF, PRIOR TO THAT
24
DATE, THE DECISION IS MODIFIED.
25
KARL DITOMMASO
T-67017
DECISION PAGE 13
6/22/10
116
CERTIFICATE AND
DECLARATION OF TRANSCRIBER
I, Linda Esquivel, as the Official Transcriber,

hereby certify that the attached proceedings:
In the matter of the Life

Term Parole Consideration
Hearing of:
KARL DITOMMASO
)
)
)
)
)
)
CDC Number:
T-67017
CALIFORNIA MEDICAL FACILITY

VACAVILLE, CALIFORNIA
JUNE 22, 2010
11:05 A.M.
were held as herein appears.
Further, this transcript
is a true, complete, and accurate record, to the best of

my ability, of the recorded material provided for
transcription.
_
Linda Esquivel
July 1, 2010
Copyright 2010/All Rights Reserved by BPH

Parole Hearing T-67017 06-22-10

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Parole Hearing T-67017 06-22-10

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INITIAL PAROLE CONSIDERATION HEARING

In the matter of the Life

CALIFORNIA MEDICAL FACILITY

CORRECTIONS TO THE DECISION HAVE BEEN MADE

See Review of Hearing

Linda Esquivel, Capitol Electronic Reporting

Capitol Electronic Reporting

DEPUTY COMMISSIONER SMITH:

We're on the record.

The time is approximately 11:05.

PRESIDING COMMISSIONER PECK:

an Initial Parole Consideration Hearing for Mr. Karl

Ditommaso; is that right?

PRESIDING COMMISSIONER PECK:

Ditommaso, yes, Sir.

The date is 6/22/2010.

was received on 9/17/2002 from San Bernardino County

with a controlling offense of murder-second.

Number is FWB-024365, one count, PC 187, and there's a

that you had, another San Bernardino case, FSB-033056, I

think for Vehicle Code, theft, VC 10851(a), which was a

one-year, four-month term.

recorded, and for the purpose of voice identification

each of us will state our first and last name, spelling

our last name.

We're located at CMF.

I think there's also another case

This hearing is being

And, Mr. Ditommaso, when it's your turn,

We're going to start with me and we're going to

DEPUTY COMMISSIONER SMITH:

Capitol Electronic Reporting

I'm a Deputy Commissioner.

Jay Dyer, D-Y-E-R, representing

Karl Ditommaso, D-I-T-O-M-M-A-

And, sir, if you'd

like to pull the microphone a little bit closer to you,

It would be a little bit more comfortable for

you as the hearing goes on.

DEPUTY DISTRICT ATTORNEY DAWSON:

Dawson, D-A-W-S-O-N, Deputy District Attorney.

Commissioners, just so that you know, I have (inaudible)

not seeing anybody.

to dial right back in.

If we become disconnected, I'll try

PRESIDING COMMISSIONER PECK:

also in the room we have two correctional peace

officers, which are here for security purposes, who will

not be participating in today's hearing.

the 1073 and the DEC System.

right in front of you, sir, called an ADA Statement.

And if you could read that to yourself and tell me what

that means to you, I would appreciate that.

And there's a statement

Capitol Electronic Reporting

PRESIDING COMMISSIONER PECK:

What that means is, if you

have any American Disabilities, or if you have any

disabilities, that you can ask for assistance.

PRESIDING COMMISSIONER PECK:

ask for assistance.

need to know about?

If you have any disabilities, you can

PRESIDING COMMISSIONER PECK: