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Jury sees Vitale crime scene photos:

Bruises and open cuts on her body showed that Pamela Vitale put up a fierce struggle after an intruder attacked in her home, a sheriff’s investigator testified Monday.

“A lot of them appeared to have been defensive injuries,” said Alex Taflya, a criminalist with the Contra Costa County crime lab, referring to photographs a prosecutor projected for jurors.

The jury in the trial of Scott Dyleski saw for the first time photographs of the victim and the modular home where she and her husband Daniel Horowitz were living on Oct. 15, 2005 while they built a mansion nearby.

During much of Monday’s testimony, Dyleski gazed at the front of the courtroom, watching each witness, occasionally wiping his nose.

He turned his head toward the screen to view each photograph depicting the bloody crime scene.

Vitale’s family members often looked down, averting their eyes, while the prosecutor showed photos of her body. In addition to her children, her parents and Horowitz’s parents were in the audience.

Jewett first showed jurors photographs investigators took outside the house in the early evening.

Porch lights glowed in front of a dark blue dusk sky. Each picture brought jurors closer to the front door, which was open and smeared with blood.

Vitale lay just inside, curled in a fetal position, behind the door. Blood covered the back of it, some smeared by hands covered with gloves, Taflya said.

Other photos showed the home’s interior, depicting tight quarters with piles of papers and books, some scattered after a struggle.

Boxes and papers lay on the floor, spilled and strewn around. A collection of family photographs sat on an end table. A broken coffee cup smeared with blood was in the sink.

Taflya showed the jury a broken piece of pottery found near Vitale. Blood stained the edges of the broken portion, he said.

But he ruled it out as a murder weapon.

“There is not enough blood on the pot,” he testified. “The pot would probably have shattered after a few blows.”

Horowitz takes stand in Dyleski trial:

Daniel Horowitz was just inside his front door when, as he dropped his bags of groceries in shock, he saw his wife lying dead in the home they shared on a Lafayette hillside.

“It was like a crime scene photograph,” Horowitz testified Tuesday, shaking his head. “I knew it wasn’t.”

“Even though I knew she was dead, I reached and touched her,” Horowitz said, placing two fingers against his own neck as if checking for a pulse.

He said a bad feeling crept up on him when he saw his wife’s car parked in the home’s driveway. He had expected her to be at the ballet.

“I didn’t think too much,” he said. “I just knew it wasn’t good.”

Answering deputy district attorney Harold Jewett’s questions about the couple’s life together, Horowitz sometimes smiled, raising his eyebrows with enthusiasm, recounting the mansion his wife was designing and all the paperwork and materials that cluttered their temporary home.

He said he last talked to his wife the night before her death.

“We watched television,” he said. We spoke. I went to bed. She stayed up.”

Under questioning by Leonida, Horowitz said he was unsure whether anyone had compromised Vitale’s credit cards, banking or other financial accounts.

“Truthfully, I haven’t looked at anything,” he said. “I wouldn’t know.”

Interesting that both articles say that the murder weapon has yet to be revealed.

Media interest in Dyleski trial less than expected:

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

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

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

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

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

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

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

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

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

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

Occam’s Razor in action.

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

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

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

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

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

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

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

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

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

Isn’t that convenient?

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

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

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

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

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

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

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

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

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

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

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

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

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

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