Tag: charged as an adult

  • Dyleski trial begins

    Dyleski trial begins

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

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

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

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

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

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

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

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

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

    Isn’t that convenient?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • They can’t be serious

    They can’t be serious

    Possible Dyleski jurors quizzed on Goth, magic:

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

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

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

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

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

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

  • Dyleski jury selection starts today

    Dyleski jury selection starts today

    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?

  • Change of venue denied

    Change of venue denied

    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.

  • Change of venue in Dyleski trial?

    Change of venue in Dyleski trial?

    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.

  • 911 call will not be heard at Dyleski trial

    911 call will not be heard at Dyleski trial

    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.

  • James Zarate goes to adult jail

    James Zarate goes to adult jail

    Teen charged in Randolph murder moved to adult jail:

    The 15-year-old charged with helping his brother murder and sever the legs of 16-year-old neighbor Jennifer Parks in Randolph last year was ordered held in the Morris County jail this morning on $1 million bail.

    Superior Court Judge Salem Vincent Ahto approved the transfer of James Zarate from the county Juvenile Detention Center to the county jail since the youth on June 7 was “waived up” from juvenile status to be tried as an adult.

    Defense lawyer Joseph Ferrante said it would “be a tragedy” if the teen — who was 14 when he allegedly helped his then-18-year-old brother kill Parks on July 30 — was moved to the adult facility. Ferrante characterized the state’s evidence against James Zarate as weak and based upon the statements of a co-defendant and DNA from a piece of chewing gum found in a bag containing supplies used to clean up after the murder.

    “My view is it would not be appropriate for him to be amongst other juveniles,” Ahto said, saying he believes it is in the public’s interest to hold the teen in an adult facility.

    One of the mantras here says if you commit an adult crime you deserve adult time. Have fun in Morris County Lockup.

  • Gag order remains in Dyleski trial

    Gag order remains in Dyleski trial

    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.

  • Zarate’s brother to be tried as an adult

    Zarate’s brother to be tried as an adult

    Teen to be tried as adult in Randolph murder:

    Jonathan Zarate’s brother, formerly known as “J.Z.”, will be tried as an adult, for assisting his brother in the killing and dismembering of 16-year-old Jennifer Parks…

    A youth who was 14 when he allegedly helped his older brother maim and murder next-door neighbor Jennifer Parks in Randolph last year will be tried as an adult, a Superior Court judge ruled this afternoon.

    Family Division Judge John B. Dangler ruled that James Zarate, now 15, will be prosecuted as an adult on charges of stabbing and chopping off the legs of the 16-year-old victim on July 30.

    James and his now-19-year-old brother, Jonathan Zarate, are accused of getting Parks to visit their father’s home on Old Brookside Road around 2 a.m. and then ambushing the girl shortly after her arrival.

    Parks’ mother, Laurie Parks, asked the judge to order James Zarate to be prosecuted as an adult.

    “Our loss is complete. We only had one child; now we only have pictures, videos and our memories,” she said.

  • Supporters react to Esmie Tseng’s sentence

    Supporters react to Esmie Tseng’s sentence

    Friends stand by Tseng, call sentence poor:

    Some supporters of Esmie Tseng react to her sentencing…

    “Nobody’s really better served by this (sentence),” Horwitz said. “When the judge talks about rehabilitation in the prison system … She needs help (after) years and years of challenges and what many argue to be abuse in the home situation.”

    Another Tseng family friend, Grant Mallett, said his daughter used to play with Esmie. He said Esmie would not be forgotten.

    “We’re committed to stay in touch and help her out as best we can,” Mallett said. “I saw her last week. Her spirits seemed to be quite good, and I was pleased and impressed with how she seems to be doing personally.”

    Horwitz said real friends would not abandon Esmie.

    “Everybody wants to visit her and write her. She has a lot of true friends,” he said. “She’s been in the community since kindergarten and the people who have known her her whole life know that this is a really good kid and a terrible set of circumstances.”

    I am neither a supporter nor detractor of Esmie Tseng, but I can sympathize with Esmie. I really do. I also grew up in a house of abuse, so I know to some extent what she went through.

    However, it doesn’t change the fact that she stabbed her mother with a kitchen knife and when her mother got the knife away from her, Esmie picked up another knife and stabbed her again. I have to agree with what the assistant D.A. said…

    Assistant District Attorney Richard Guinn said the sentence, considering all factors, represented a “fair and just outcome.”

    “We feel for the family, we feel for the dad, we feel for (Esmie) in terms of her situation at home,” Guinn said. “But we are also taking a very strong position here.”

    Guinn said stabbing someone multiple times should draw prison time as opposed to the shorter sentence, perhaps three years, available through the juvenile justice system. With good behavior and considering time already served, Esmie faces about seven years in an adult prison, he said.

    In prison, Esmie could advance herself academically through college classes, Guinn said.

    “It’s up to her what she chooses to make of this time,” he said. “My impression in talking with her attorney is that she has put this chapter of her life behind and is now doing everything she can to make a worthwhile life for herself.”

    I know I said I would never do one again, but I may have a special podcast on this sometime this weekend.