Tag: stabbing

Dyleski Jurors Begin New Week Of Deliberations:

The jury in the trial of Scott Dyleski has been deliberating, and on Friday had requested the following items…

E-mail correspondence between Dyleski and his friend who is accused of taking part in a marijuana growing scheme

The emergency contact list of the Hunsaker Canyon Road residents

Aerial photos of the Hunsaker Canyon neighborhood, where Vitale lived

Photo of mansion Daniel Horowitz and Vitale were building at the time of her death

Photos of the content of Dyleski’s red backpack. The items in the backpack were eventually turned over to police by Dyleksi’s mother.

Hernandez said the jury started deliberations ten minutes ahead of schedule on Friday. Hernandez said by midday, jurors requested even more items submitted into evidence. They included a photo of Scott Dyleski after his arrest, as well as photos from his room. They also asked to see the tape lift of shoe print and a photo of shoe print on a plastic lid.

As soon as I hear anything about a verdict, I will let you know.

Prosecutor: Dyleski misidentified Vitale:

Scott Dyleski killed Pamela Vitale mistakenly thinking she was another neighbor who had accidentally killed his dog and foiled his plan to buy marijuana-growing equipment, a prosecutor said Tuesday in closing arguments at Dyleski’s trial.

“It doesn’t make sense any other way,” Harold Jewett said.

In her closing, Dyleski’s defense attorney referred to her client a half dozen times as “a 17-year-old boy” and a kind teenager, and said somebody else killed Pamela Vitale.

Jewett portrayed Dyleski as dismal and depressed, blaming the defendant, but also his parents and teachers for allowing a killer to brew.

“You left me to die in the dark streets with nothing more than broken dreams. … You raised me to hate, and hate I will, because now I live, I live for the kill,” Jewett read from a school poem Dyleski wrote.

The prosecutor added that influential people in Dyleski’s life did not intervene.

“That’s really cool,” Jewett read from comments written by a teacher about the poem.

Deputy public defender Ellen Leonida reminded the jury how her client’s friends testified he was a non-violent vegan who cared about people.

I don’t know if it’s the way the media is reporting it, but this trial sounds like a complete clusterfuck.

I won’t be surprised, no matter what verdict is announced.

SCOTT DYLESKI’S ATTORNEY RESTS HER CASE:

So let me get this straight. Dyleski’s public defender, Ellen Leonida, rested her case after only hearing testimony from character witnesses?

During her opening statement, Leonida argued that Dyleski couldn’t have killed Vitale because a witness saw him at home at the time of the murder. Dyleski lived a short walk down the hill on Hunsaker Canyon Road from where Vitale and Horowitz lived. That witness testified earlier in the trial that he was no longer sure what time he saw Dyleski that morning.

Although the prosecution presented extensive DNA evidence connecting Dyleski to the crime, Leonida did not call any of her own expert witnesses to rebut the DNA evidence.

Closing arguments are scheduled to begin Tuesday morning in Judge Barbara Zuniga’s courtroom in Martinez.

Not much of a lawyer, or did she know she didn’t have much to work with?

Friends, teachers say teen murder suspect was polite, nonviolent:

This past Thursday, character witnesses testified on behalf of Scott Dyleski…

On Thursday, teachers and friends of Scott Dyleski took the stand for the defense to say the teenager they knew was polite, sociable and nonviolent.

Dyleski – who is being tried as an adult in the bludgeoning death of Vitale, wife of prominent defense attorney Daniel Horowitz – was a dedicated Ultimate Frisbee player who encouraged incoming teammates, handled conflict wisely and kept cool under pressure, according to Jo Tams, who coached his Acalanes High School team.
Tams said she was so impressed with the “mature thinker” that she named him one of three team captains during the 2004-05 season.

“He filled that role admirably,” she told jurors.

Susan Lane, Dyleski’s graphic-design teacher, testified that he excelled in her class and produced “exceptional art.” She said she was not concerned at all that he focused on dark themes like Satan, noting that 20 percent of her students embraced the Goth culture and created similar images.

That’s all well and good, but how many of history’s most notorious killers were polite, intelligent, and sociable. Ted Bundy? Jeffrey Dahmer? John Wayne Gacy? Eric Harris? And wasn’t Gacy an “exceptional artist”?

Just because a killer was polite and sociable doesn’t make them any less of a killer.

Murder victim’s DNA found on suspect’s alleged belongings:

DNA evidence was presented in the trial of Scott Dyleski yesterday, which the prosecution says links him to the crime scene of Pam Vitale’s murder.

Contra Costa County Sheriff’s senior criminalist David Stockwell told jurors Tuesday that DNA on a face mask, a glove and shoes that Dyleski’s mother had testified belonged to the teenager matched Pamela Vitale’s profile to a certainty of one out of 13 quadrillion Caucasian females.

For the math impaired, that’s this many. 13,000,000,000,000,000. So there is a 1 in 13,000,000,000,000,000 chance that the DNA found on Dyleski’s clothes was not Pam Vitale’s

A possible match to Dyleski’s DNA also was found at the crime scene in traces of blood on the bottom of Vitale’s right foot, Stockwell said, although one out of 43,000 Caucasian males could have the same DNA profile.

Which would mean if it wasn’t Dyleski then someone who has a 1 in 43,000 chance of having the same DNA profile of Dyleski did it. Possible, but not probable.

Dyleski’s DNA, however, was not found under Vitale’s fingernails, and none of her DNA was found on a knife that his mother, Esther Fielding, turned over to authorities, Stockwell testified.

Not surprising since he was wearing a face mask. However, he still could have had scratches on his face.

On cross-examination by deputy public defender Ellen Leonida, Stockwell said one of the DNA samples from the inside of the glove does not match the defendant.

But is that enough to cause reasonable doubt? I don’t think so.

Jurors see crime scene photos:

MARTINEZ – Jurors in Scott Dyleski’s murder trial for the first time Monday morning saw a photograph depicting a symbol that was cut into the back of Pamela Vitale when she was attacked and killed.

Later they saw examples of Dyleski’s drawings that included depictions of gaunt, dismembered people, all containing a similar symbol attached to his signature.

Prosecutor Harold Jewett projected an autopsy picture of Vitale’s back showing a T with a line intersecting the middle that had been cut into her skin — a design similar to one Dyleski’s family and friends had testified that he used along with his name to sign his artwork.

Jurors on Monday saw Dyleski’s symbol next to his signature in an exhibit projected on the courtroom wall of more than 30 pieces of his artwork that investigators confiscated from his bedroom.

Slender, almost emaciated figures dominate the drawings, which used pencil, charcoal and watercolor. Shadows appear like black smears from wet mascara.

One sketch shows a man holding a bearded, decapitated head in one hand and a knife in the other. Another shows a person clutching his or her bloody abdomen.

Dyleski used mostly black and white, often adding red to depict drips of blood.

His writings included lyrics from the industrial band Velvet Acid Christ and a picture depicting 1950s serial killer Ed Gein.

Contra Costa County Sheriff’s Detective Joseph Moore, who found the sketches, read aloud the writings next to each one.

“Before Manson, before Bundy, there was Gein,” Moore said, reading the writing next to a black-and-white face.

In this case, the face appeared to be printed on paper from wood etching.

The symbol with each sketch is a T with a circle at the top, sometimes with a star inside, and smaller protruding lines that create a sort of human stick figure.

The T in the signature symbol is similar to that found on Vitale’s back.

Is Dyleski arrogant or just stupid?

Tearful Testimony By Mother Of Scott Dyleski:

Scott Dykeski’s mother, Esther Fielding, testified this past Thursday in her son’s murder trial. Dyleski is accused of killing Pam Vitale, the wife of noted criminal defense attorney Daniel Horowitz…

Fielding acknowledged warning her son that his room was about to be searched by other members of the household and she also said she later destroyed some of his things, including a box of gloves and pieces of paper bearing credit card numbers and other information. Experts have testified Vitale’s attacker wore gloves.

However, Fielding said repeatedly she only worried her son was involved in a credit card scam and did not connect him to the murder of Vitale, their neighbor in the San Francisco suburb of Lafayette.

Prosecutor Harold Jewett challenged that explanation, noting that Dyleski had acknowledged the credit card fraud some days before Fielding burned the items.

“I didn’t think it out clearly,” Fielding replied. “I just panicked.”

Later, Fielding decided to turn in the things she hadn’t destroyed, giving investigators a computer hard drive and a pair of shoes among other things. According to testimony at a preliminary hearing on the case, investigators found the shoe print appeared to match a partial bloody footprint near Vitale’s body.

The defense appeared to address the inconsistencies pointed out by Jewett in Fielding’s testimony Wednesday.

Under cross-examination by defense attorney Ellen Leonida, Fielding said she takes medication to fight memory loss and hadn’t taken it Wednesday.

Not having the medication, “makes things a little foggier,” Fielding said.

Dyleski alibi witness changes testimony:

A housemate of Scott Dyleski’s from what I call “the hippy commune” changed his testimony today…

MARTINEZ – The only person to provide an alibi for Scott Dyleski testified Wednesday he is no longer certain he saw the teenager at all on the morning Pamela Vitale was killed.

“My testimony wasn’t entirely truthful,” Fred Curiel said about his earlier testimony at a February preliminary hearing. Curiel and his wife own the home where Dyleski was living at the time of the Vitale slaying.

Curiel had told investigators on Oct. 20, 2005, and testified in the prior hearing that he saw Dyleski without scratches or injuries sitting on the couch next to his wife at 9:26 a.m. that morning. He said then that he knew the exact time because he had looked at his pager while waiting for his family to get ready to go Halloween shopping.

Under cross-examination by deputy public defender Ellen Leonida, Curiel maintained he and his family started driving away from the house at 10:26 or 10:27 a.m.. He arrived at the Halloween supply store at 10:51 a.m., he said.

Investigators estimate Vitale was attacked about 10:12 a.m. because she performed a final computer search at that time.

Curiel’s wife, Kim Curiel, testified Tuesday that the family left the house at 11:15 a.m. His wife’s account of events would have put her and her husband in the house at 10:45 a.m., when she said she saw Dyleski come home with scratches on his face — a time that fits into the prosecutor’s theory that Dyleski killed Vitale around 10:12 a.m.

Fred Curiel’s time estimate puts the family in the house earlier, and calls into question what time his wife actually saw Dyleski.

After his meeting with investigators, he spoke with his wife to confirm with her that Dyleski was sitting next to her on the couch, Curiel said today.

She confirmed it, he said. But today he testified that he didn’t actually remember seeing him.

“I don’t have an explanation other than my memory is not … I don’t have an explanation,” he said.

Conspiracy theories aside, I wonder what made him change his mind. Maybe going to jail for perjury wasn’t worth getting back at the man.

Dyleski’s girlfriend takes the stand:

MARTINEZ – Scott Dyleski told his girlfriend after the slaying of Pamela Vitale that if he was linked to the killing and a credit card fraud and had to spend his life in jail, he did not want her involved, the girlfriend testified Thursday.

Jena Reddy, 18, also testified that she and Dyleski had “experimented with inflicting pain on each other,” and discussed removing organs from people and torturing children.

“We would talk about it jokingly or hypothetically that if the child was being annoying, the possibilities we could do to keep it quiet,” she said.

Shortly after the killing, Reddy said, Dyleski told her that if he was blamed for the credit card fraud, somehow he could be blamed for the murder.

“(He said) something along the lines of if he was going to jail for life, he didn’t want to involve me … no matter whether he did it or not,” Reddy said.

“Did he tell you he did not do it,” deputy district attorney Harold Jewett asked.

“No,” Reddy replied.

Here’s what’s really scary…

Another neighbor testified Thursday how she got scared when she realized that her credit card has been used to order $2,300 of indoor plant lights that were to be billed to Vitale’s address. She said she was even more frightened when she found out Vitale had been killed.

Dyleski’s neighbor, Karen Schneider, testified that when she found the fraudulent charges on her credit card, she approached Dyleski’s mother, Esther Fielding, at a neighborhood meeting the day after Vitale’s death. Fielding and Dyleski were living at the home of Fred and Kim Curiel, whose house was listed as the shipping address on the order.

Schneider had run over and injured Fielding’s dog a month earlier, and she suspected that Fielding may have been putting veterinarian bills on her credit card, Schneider testified.

“I said, ‘It looks to me like you’ve already paid yourself back, and besides that, you’re trying to kill me,’” Schneider testified.

Did Dyleski kill the wrong person? Was his intended victim Karen Schneider? Could be.