Tag: bludgeoning

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.

Possible Dyleski jurors quizzed on Goth, magic:

The prosecutor in the Scott Dyleski murder trial asked prospective jurors Friday whether they were familiar with or knew anyone who embraced the Goth culture or the Wicca religious movement, and whether they had read books about psychopaths, serial killers and Jack the Ripper.

The discussion in Contra Costa Superior Court touched on good and bad witches, black and white magic and “the dark side,” in what could be key elements in the upcoming trial of Dyleski, who has pleaded not guilty to special-circumstances murder and burglary in the Oct. 15 slaying of Pamela Vitale, the wife of lawyer and legal analyst Daniel Horowitz.

Prosecutor Harold Jewett noted that Dyleski, 17, appeared “neat and tidy” while clad in a blue dress shirt and tie in the Martinez courtroom. Jewett suggested in his questioning to potential jurors that they would hear evidence that the defendant had embraced a different lifestyle before his arrest.

When a prospective juror told Jewett that he enjoyed role-playing in the form of dressing up like people did during the Renaissance, Jewett asked whether he did that because “you’re visiting the dark side.” The man said no.

Please tell me that they’re not going with a “satanic ritual” killing prosecution. Welcome to 1985.

Just stick with the facts and the evidence. That shit may fly in Arkansas, but not in California.

JURY SELECTION SET TO BEGIN IN SCOTT DYLESKI MURDER TRIAL:

For those interested…

Jury selection is scheduled to begin this morning in Martinez in the murder trial of 17-year-old Scott Dyleski of Lafayette.

The teenager is accused of the Oct. 15 killing of 52-year-old Pamela Vitale at the Lafayette home she shared with her husband, lawyer and legal commentator Daniel Horowitz.

On Friday, Contra Costa County Superior Court Judge Barbara Zuniga denied a defense motion to move the murder trial out of the county because of allegedly prejudicial pretrial publicity.

Zuniga ruled that moving the trial would do no good, saying “The nature of the crime will be the same wherever this case is tried.”

Jury selection is scheduled to begin at 9 a.m. in Department 2 of the A.F. Bray Building, 1020 Ward St., Martinez.

I wonder how long this will take?

Judge denies change of venue in Dyleski trial:

That was quick…

MARTINEZ – A Superior Court judge today denied a request to move the murder trial of Scott Dyleski out of Contra Costa County.

Judge Barbara Zuniga said she reviewed more than 200 newspaper accounts of the case and found that the reports reflected “actual proceedings in court” but did not contain material prejudicial to the defendant.

Zuniga heard arguments Thursday on the defense change of venue motion. A CSU Chico professor testified that an “exceeding” high number of county residents were familiar with the Dyleski case and that more than 60 percent had decided that he was guilty.

The judge said Friday that she placed “little weight” on Ross’ study.

Back to the drawing board for the defense.

Dyleski Judge Considering Change Of Venue:

Sorry to the people following this case. I found this article a couple of days ago and forgot all about it…

MARTINEZ — Superior Court Judge Barbara Zuniga heard testimony throughout most of Thursday on a motion for a change of venue made by the defense in the Scott Dyleski case.

“I believe that the nature and volume of publicity in this case have made it very unlikely that Scott could get a fair trial,” Contra Costa County Deputy Public Defender Ellen Leonida said outside the courthouse.

She questioned Robert Ross, a professor of political science at California State University, Chico, on the impact of pre-trial media coverage on the case. He said that a survey he had conducted of 306 Contra Costa County residents who would qualify as potential jurors showed that a high percentage of people had heard of the case and had formed an opinion as to Dyleski’s guilt or innocence.

Ninety percent of those surveyed said they recognized the case, Ross said. Of the people who recognized the case, 61 percent said they believed that Dyleski was guilty or probably guilty.

Using a statistical analysis, Ross said he concluded that an estimated 55 percent of the total jury pool has been contaminated by media coverage of the case.

In addition, of the 90 percent of people who said they recognized the case, 92 percent knew at least one additional fact about the case. Of the people who had heard or read that Vitale had been struck more than 39 times with a piece of molding, 75 percent said they believed Dyleski was guilty. Of the people who said they had heard that a “satanic symbol” had been carved into the victim’s back, 72 percent said they believed Dyleski was guilty. People who had heard that Dyleski had allegedly purchased marijuana-growing equipment with stolen credit card information, 70 percent believed he was guilty of murder.

“An exceedingly high number of people recognize the case and think the defendant’s guilty,” Ross said. “A very high number of people know a lot about the case.”

The findings show that people in the community have been following the case and that it has had an emotional impact on them, Ross said.

Prosecutor Harold Jewett questioned Ross on potential flaws in the survey. For example, the purpose of the survey is to determine whether or not people had formed an opinion on whether Dyleski was guilty or innocent, but the survey did not ask that question. Instead they asked people what their opinion was about the guilt or innocence of the defendant.

In addition, of the 748 people who qualified for the survey, 442 people refused to answer further questions. Only 306 people agreed to participate in the survey.

Jewett also took issue with the fact that Ross used the term “satanic symbol” to describe what was carved into Vitale’s back. Ross said he did not recall any newspaper article using the term “satanic symbol.”

Ross testified that in media coverage, the crime and subsequent legal proceedings had been described in strong emotional terms, such as “gruesome bludgeoning,” “stabbed and beaten,” “shocked,” “brutal and callous,” “blood-soaked carpet” and “words carved into her back.”

Ross, however, admitted that the words used were fact. After the hearing, he also told reporters that he felt the media coverage of the case had been accurate and fair to Dyleski. The media coverage had not, in his opinion, sensationalized the case, Ross said.

Zuniga is expected to rule on the motion soon as jury selection is scheduled to begin Monday.

I haven’t heard the symbol that was carved into Pam Vitale’s back referred to as satanic either, just “gothic”. However, it does make a compelling argument for a change of venue.

Daniel Horowitz’ 911 Call Will Not Play During Trial:

MARTINEZ, Calif. — The anguished 911 calls Daniel Horowitz made after he found his wife’s body won’t be played for the jury in the upcoming murder trial of the couple’s teenage neighbor.

A Contra Costa County judge ruled Monday that the tapes are too “disturbing” and prejudicial to defendant Scott Dyleski.

Horowitz called authorities on Oct. 15th after finding the bludgeoned body of 52-year-old Pamela Vitale in their Lafayette home.

The defense has suggested that Horowitz played a role in her death.

Prosecutors sought to play the tapes, arguing that an “almost primordial scream” by Horowitz would prove to jurors that he didn’t kill his wife.

Allred loses bid to lift gag order in teen murder trial:

California attorney and all-around shrew Gloria Allred has lost her bid to have the gag order removed from the Scott Dyleski trial…

California attorney Gloria Allred lost an emergency appeal Tuesday to the U.S. Supreme Court seeking to lift a gag order in the case of a teenager accused of killing a prominent lawyer’s wife.

Justice Anthony M. Kennedy refused without comment to lift the order preventing Allred from publicly discussing the upcoming trial of Scott Dyleski, 17, who is accused of murdering Pamela Vitale, wife of television legal analyst Daniel Horowitz.

Allred represents an undisclosed witness in the murder case, which is set for trial July 17 in Contra Costa County Superior Court.

Why does she want the gag-order lifted? So her client can make the talk show rounds to make some money? Not to mention tainting the jury pool in the process.

I, personally, think Dyleski is guilty, but I want to see him receive the fairest trial possible, so there will be no question of his guilt.

Dyleski’s roommates file claim against county:

The residents of the “hippy commune” where the accused killer of Pam Vitale, Scott Dyleski, lived are filing charges against Contra Costa County saying that Contra Costa County Sheriff’s deputies did not have warrants at the time the residence was searched for Dyleski…

More than 10 sheriff’s deputies burst into the Hunsaker Canyon Road residence of Fred and Kim Curiel on the evening of Oct. 19, 2005, looking for Dyleski, the claim says. Dyleski, now 17, was a suspect in the killing of his neighbor Pamela Vitale four days earlier.

At least seven other people lived with the Curiels at the time. The deputies began searching the house for Dyelski, pointing their guns and screaming at each of the adults and children, aged 2 to 16, to get down on the floor, the claim says.

Deputies threatened that if the residents did not cooperate, the deputies would “blow your head off.”

One deputy pushed Fred Curiel’s face into the ground, breaking his eyeglasses. Another pressed her shoe against the back of Curiel’s 11-year-old daughter to keep her on the floor, the claim says.

The housemates allege that the deputies entered without an arrest warrant for Dyleski or a search warrant for the home. The deputies presented a search warrant more than one and a half hours later.

The residents, who seek unspecified damages, say that the experience has left them with nightmares, flashbacks, and other anxieties.

I seriously doubt that in a high-profile case such as this that law enforcement would not have all their I’s dotted and their T’s crossed. To me, this sounds like just a bunch of hippies lashing out against “the man”.