Innocence Matters

Seeking Justice For Scott Dyleski

New News and Information

Jun 3

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Scott Dyleski has two new attorneys, Katherine Hallinan and Sara Zalkin.  They are private attorneys retained by Scott’s motherwho have finally asserted what many have known all along.  That Scott Dyleski is factually innocent.

How did this travesty happen?  It happened, in part, because Scott’s trial attorney Ellen Leonia, and Scott’s appellate attorney Phillip Brooks, both assigned to Scott by the state of California, were at best incompetent, and at worst corrupt.  They both failed Scott Dyleski miserably in their representation, and that is the crux of the habeas petition filed by Scott’s new counsel.

All defendants have a constitutional right to a fair trial, with adequate counsel.  Scott did not have that and  deserves a new trial.  The victim in this case, Pamela Vitale, deserves justice.  Justice is not served unless the true perpetrator is brought to trial.  The investigation into Pamela’s murder screams to be re-opened.

There is new evidence in this case.  There was a confession in this case. I have hesitated to post about the confession because when the information came to light, Scott’s appellate attorney did not want that information made public.  At the same time, he failed to investigate the information.   His disservice to Scott has cost dearly.  Time has gone by, witnesses have relocated and most importantly Scott Dyleski remains in prison for a crime he did not commit.

The confession

In early 2009 I received a tip to my website.  It was from a girl who had knowledge of a confession.  A former friend of hers was the girlfriend of the man who made the confession.  That girlfriend was Megan Curtis.  Eventually Megan Curtis contacted me, and we had several lengthy conversations.  She outlined for me the truth as she knew it.  She told me about the confession.  The confession came the day after Pamela’s murder.  The man who confessed is David Elder.

According to Megan, David was her boyfriend.  She was 17 years old, and David was her “first”.  David was a few years older, and also introduced her to crystal meth.  Megan lived on Hunsaker Canyon with her parents, and would often let David sneak into her room at night without her parents knowledge. She claimed that David was homeless and she felt bad for him.  She claims David would often hang around the canyon waiting for her to get home from school, or waiting for her parents to leave when she cut school.  She said he was heavily into crystal meth, and often high.  She described him as a violent criminal.  She said he had a record for theft, and “was always stealing whatever he could get his hands on”.  She felt quite certain he would steal from the neighbors. He didn’t have a car, so he carried a skate board around.  She said he always had two things, his skate board and his back pack.  She said she looked in the backpack a couple times, and when she did she saw broken camera equipment, lots of black gloves, and a black ski mask.

According to Megan, David was high the morning of Pam’s murder.  Megan left the canyon that day and recalled David taking off on his skate board, high and “acting strange”.  That was a Saturday.  By Saturday night the whole canyon was shocked to learn of Pam’s murder.  Sunday night David went to Megan’s house.  That night David told Megan — “I killed that woman”.  Megan asked him how?  He replied “I hit her over the head with my skateboard, she just wouldn’t stop”.

Shortly after that David left California.  Megan was sent to boot camp by her parents.

Megan and I discussed many things about David, including his relocation to Durango Colorado.  I came to find Megan credible in what she was saying to me.  I found out later that back in 2005 a tip was called into the LPD tip line on October 21st. That tip was made by a man named Michael Manter.  He claimed David Elder confessed to the killing.  Megan also told her parents back in 2005 that David confessed.  Megan’s mother called Kim Curiel when Megan got out of boot camp and gave her the information.  Kim Curiel’s response was reportedly “They already have proof Scott did it”.

No, there was no “proof” Scott did it.  There was only speculation after bloody items were found in the abandoned van on the Curiel property.  A very out of place duffle bag was in the van.  It is entirely possible that David Elder was using the abandoned van to store stolen items.  The items in the van were said to have come from an unlocked storage shed on the Curiel property.

Eventually Megan sent Scott a letter and sent me a copy.  Her words to Scott concerning the crime are as follows.

So here we go scott , I’m just going to write you and not turn back. i’ve started so many letters to you when I have been thinking more or less wondering about you for the last three years. Did he do it? That’s what the media sure seems to display. The whole thing was a Media Crazed case. People screaming , all the kids at acalanes jumping in front of some stupid camera broadcast so they can see themselves on the news.

That is not , how do i say, …real? That is flashing lights and dramatization of horror that has the human race so thrilled.

This scene I can remmeber quite perfectly in my head. I t was when you  and the curiels came over to our house for luch because we had just moved into the neighborhood. I remember seeing you and you just had the most comforting and wrmhearted smile. You had long hair then. I remember you very well from that day.  You are a very different type of person than the one that commited this crime.

When I  saw the newspaper with your picture on the front page i remember i was in the airport being escorted by two couselors for a wilderness camp on my way out to utah for an undisclosed amount of time. I was comming down off crystal meth .

and i just remember  how hard it was to see you there and this feeling that came over me was like so overwhelming and i’m getting it now too , but I Know you did not do this., I know who did.

I don’t think you are aware of a god or any god, but i know of one. I know that somethings happen for a reason and some things you have to make right yourself,I’m sorry it took this long, but just know that you WILL be out of that fucking prison as soon as humanley possible. I  want you to know that even if you don’t know me , you have to trust me.  this is what i know…

-1.One night after the murder my boyfriend at the time stated to me while lieing in bed next to me, “MEGAN, I KILLED THAT WOMAN”

his next statement went as follows, “I HIT HER OVER THE HEAD WITH MY  SKATEBOARD, SHE JUST WOULDN’T STOP”

2. David was skateboarding up the canyon that morning and he was acting very strange that particular day.

3. He is  crystal meth user for over ten years,

4. He was high the morning of the murder

5. He has a history of violence and criminal shit

6. He has the gumption to kill somebody. I know this because he was going to shoot my friend , Denise, with a stolen 22 he had  because she had found out he was a snitch  and he didn’t want anyone else to know this. So he loaded up the gun at the place he was staying in lafayette and the guy he was living with  had noticed the gun loaded  and took it away from him. David was going to kill Denise simply because she knew he was a snitch.

8.David was homeless at the time. He would only stay at my place at night when he could sneek in because my parents hated him . So needless to say, he would have no other place to take a shower.

9.David moved out of state shortly after all this occured and nobody has seen him or talked to him since.

………………there are many other peices of information I can tell you about David, but lets get down to the real Legal aspect of  this whole variable.

1. I  informed the Lafayette Police on two occasions that David  had stated to me that he “Killed that Women” .

2. The officer replied with ” We already have a suspect in custody”

( I have at least two witnesses who were there at the time )

2. As law enforcement officers they should have investigated deeper into that suspect, after all he did have prior records and they had arrested him in lafayette on at least two occasions. That was absolutely fucking outrageous. This  is a murder case. The lafyette police  never deal with huge cases like this , they were totally wrong for that. So incredibly wrong.

More to follow…..

Is there credible information on who really killed Pamela Vitale?

Dec 23

Posted by admin in Uncategorized | 5 Comments

Is there credible information concerning who really killed Pamela Vitale?

Oh yes, there is.  The LPD did not know it at the time.  The killer was under their the radar, but he was out there, confessing to his girlfriend. It all fits with the evidence.   At the time, nobody knew — except her.  Not the LPD, not Dan Horowitz….. but I know.  I know because she eventually told me. I will lay it out.

Morally I have no choice  — because I can’t stand that an innocent teen was sent to prison.  That is the bottom line.

That information is coming soon, and I hope with all my heart that anyone reading this will understand and realize wrongful convictions do happen, and in this case that is exactly what happened.

Is Daniel Horowitz misinformed or lying?

Nov 18

Posted by admin in My search for the truth | 1 Comment

Daniel Horowitz keeps spreading misinformation concerning the case against Scott Dyleski.

I understand that Mr. Horowitz is a victim in this case and lost his wife to a brutal murder. I am deeply sorry for that fact. What I don’t understand is his unwillingness to face key issues in the case against ScottDyleski that point to Scott’s innocence.

I also don’t understand why he continues to lie when he speaks publicly about Scott’s case, and my website.

I am not trying to further victimize Mr. Horowitz.  It has never been my desire in this search for truth to hurt him, ever. However,  I need to point out what is wrong with the case against Scott Dyleski.  I believe Scott is innocent and is also a true victim in this case.  A victim who was a minor, and due to multiple factors had very little protection when he was arrested.

A couple things……

Dan Horowitz states that Scott Dyleski ordered marijuana growing equipment that was to be delivered  to “my house”, essentially stating that Scott Dyleski’s motive for murdering Pamela was that he was looking for the items he ordered and was confronted by Pamela.  The assertion by Mr. Horowitz is blatantly and factually false!  Legal documents prove what I am saying and can be read HERE.

Mr. Horowitz asserted that the DNA of Scott Dyleski was found at the scene of the crime.  That is not true.  At Scott Dyleski’s trial the prosecution tried to twist what a “partial profile” includes and excludes to give the impression there was a match, but the reality is the small amount of biological matter used in that partial profile was not good enough for either their own DNA expert, or CODIS, the FBI standard for identification.  There is a good reason for this and to better understand partial profiles CLICK HERE, and HERE.

What is interesting, or disturbing, however you want to look at it — is that Mr. Horowitz ignores a VERY big DNA problem in the case against Scott Dyleski.  That problem is that NONE of Scott’s DNA was found in the glove that was used in Pamela’s murder.  Mr. Horowitz himself commented over and over again how Pamela fought for her life, but was beaten to death by HAND from Scott Dyleski.  It begs the question, why is Scott Dyleski DNA *NOT* in the murder glove, the glove that contained the blood of Pamela?  He was in fact EXCLUDED.  Yet the DNA of an UNKNOWN MALE was present.  More on that issue can be read HERE.

Mr. Horowitz also asserts Scott Dyleski had fair representation at trial.  How can that be when his appointed public defender had little time on the job and never defended in a murder case?  She was up against a very seasoned prosecutor.  This is not rocket science.  How did she miss key elements concerning Scott Dyleski’s rock solid alibi?  Did she not talk to her own investigator?  For more on that HERE.

Lastly, for now….. Mr. Horowitz once again states that Scott Dyleski “has a website”, implying he is involved with my website.  I addressed that issue on the very first post on this blog.

Things that make you go Hmmm….

Oct 16

Posted by admin in Evidence, My search for the truth | No Comments

Looking back, in late 2005 there were three things that made me question the arrest of Scott Dyleski.  One was the valid expert opinion that he was a very unlikely suspect, one who would be an “aberration” if guilty.  The second was the lack of reported justification for his sudden and bizarre swat style arrest, which will be a post for a different day.  Last was the shocking news that Susan Polk fired Daniel Horowitz as her attorney.  According to Susan, Daniel Horowitz made statements to her that caused her to believe she had become a witness for Scott Dyleski.

Susan Polk also gave an interview with Geraldo Rivera in late December 2005.  That video is no longer available but I remember it well, and made notes of exactly what she said. Susan claimed that during a conversation with Horowitz regarding her case–  she asked him about Scott Dyleski.  She pondered aloud  if Dyleski could  possibly be getting framed– like she felt she had been by Contra Costa County law enforcement.   According to Susan — Horowitz responded:

“I’ve got (Dyleski). I did a better job on him than they did on you and that little fucker isn’t going to get out of this.”

All I could think is WHY would Susan Polk make a claim like that about the man who was her biggest defender, one who defended her intelligence and sanity numerous times to the media– if it wasn’t true??  And if it was true, what did it mean?

As a caution I would like to say that at this time I do not believe that Daniel Horowitz had anything to do with the murder of his former wife.  However, I do think the claims and assertions by Susan Polk remain very significant.

It doesn’t make sense…

Oct 11

Posted by admin in Evidence, My search for the truth | 1 Comment

After Scott Dyleski was arrested local media and popular pundits pounced to sensationalize the story as much as possible, and looked for any clues as to why the 16 year old might have murdered Pamela Vitale.  The arrest made many people think: He must have done it.  There was news that he was planning to grow marijuana and that he was using stolen credit card information to finance the scheme.  Much was made about Scott Dyleski’s fashion sense the previous year while he attended high school, and also about the tragic death of his sister during an automobile accident in 2002.  However there was no history of violence.  No history of mental illness.  Not a single person who knew Scott Dyleski described him as unstable or violent in any way.  Then there was the fact that Scott Dyleski did not know Pamela Vitale.  It just wasn’t making sense.  Why would a 16 year old wake up one morning, leave his home and beat to death a women he didn’t even know?  Then I read an article at Court TV’s crime library written by an expert in juvenile delinquency issues.  I’m going to post that article because I think it is very important.  It confirmed for me that  Scott Dyleski was indeed a very unlikely suspect.  

Pam Vitales Murder & Alleged Killer Scott Dyleski Are Unique — Crime Library

By Seamus McGraw

Contra Costa County, CA. (Crime Library)

In the hours after accused teen killer Scott Dyleski was arrested and charged with murder in the bludgeoning death of Pamela Vitale, a chillingly familiar picture of the young man began to emerge in the press.

Reports published in the San Jose Mercury News and the San Francisco Chronicle depicted the 16-year-old as a morbid loner drawn to the self-indulgently macabre masquerade of the Goth culture.

They painted a portrait of a once-cheerful youth who spiraled into a deep depression and isolation after the death of his sister three years ago in an automobile accident. In a widely circulated recent photograph, Dyleski peers with dark eyes — outlined apparently in Marilyn Manson mascara — through a nest of long, unkempt hair. He’s dressed in black and it has been reported that among his most prized possessions was the kind of black trenchcoat worn by teen killers like Dylan Klebold and Eric Harris at Columbine High School, and more recently, by Jeffrey Weiss, who gunned down 10 people at Red Lake High School in Minnesota.

In short, the image of Dyleski that has appeared in the media is an almost iconographic representation of the mythical predatory teen and as such, it taps into the popular psyche.

But juvenile justice experts warn that the popular image of the black-clad teen killer may have little to do with the reality of Dyleski’s case and even less to do with the reality of juvenile crime in America.

The investigation of Dyleski’s alleged role in the slaying of the 52-year-old wife of defense attorney and television pundit Daniel Horowitz is continuing and the details of the slaying remain a closely guarded secret among law enforcement officials in Contra Costa County. But this much is clear: “This is not a typical juvenile crime,” said Robert Schwartz, the executive director of the Philadelphia-based Juvenile Law Center.

In fact, if Dyleski, who is accused of beating Vitale to death, striking her 39 times with a piece of crown molding at her home on a remote 12-acre estate in Lafayette, California, is found guilty, his crime will be highly unique among juvenile offenders, Schwartz says.

Franklin Zimring, a professor of law at the University of California at Berkeley and a nationally recognized expert on juvenile crime, agreed.

“I don’t know what happened in the Lafayette case and it is atypical enough…that I’m waiting for the other shoes to drop,” Zimring told Crime Library. The way Zimring sees it, the image that has emerged of Dyleski seems to draw heavily on a kind of mythic representation of the youthful offender. But it is an image that has more to do with widespread public fear than with the reality of juvenile crime.

While killers like Klebold and Harris and Weiss may have captured the public’s imagination, “I can tell you this, the percentage of juvenile killers in black trenchcoats with Marilyn Manson music is quite low,” Zimring said.

In fact, despite decade-old dire warning of an emerging threat from teen predators, dubbed “super-predators” by the media, the number of homicides committed by juveniles has declined dramatically over the past decade. A report by the federal Bureau of Justice Statistics bears that out. According to the report, the juvenile homicide rate fell between 1994 and 1998 to its lowest rate in 20 years and has remained at that near-historic low ever since.

Still, the image of the black trenchcoated killer continues to haunt the media. And perhaps one of the key reasons for that, said several experts, is that the media, and by extension the public, is conditioned to seek out that image, and the cases that receive the most attention are the ones that fit the profile.

As Elizabeth Cauffman, a professor of psychology at the University of California-Irvine and an expert in juvenile delinquency issues, put it, “in the grand scheme of things, most juvenile crime does not represent…this kind of pattern.” But they get the majority of the media attention, she said. What’s more, she said, “whether you take Columbine or Red Lake or this particular incident…when you put somebody’s life under a microscope, of course you’re going to find these things…and I’m sure if you did this to anybody’s life, you could find something to make a story and I think that’s what happens in a lot of these cases.”

What makes the allegations against Dyleski even more unique is the nature of the victim. According to federal statistics, when a juvenile does commit a homicide, it involves a firearm and in most cases, the victim is another teen. As Zimring put it, “in most juvenile crime, when you take a look at the victims, they match the offenders. It’s a male, and if the shooter is 16 the shootee is 17.”

The way Zimring sees it, if Dyleski is found guilty of murdering Vitale, he would become a statistical aberration within a statistical anomaly. But before he can even begin to decide whether that’s the case, Zimring said, he’s going to have to know a lot more about the circumstances of the killing than authorities have let slip so far.

“The public data that we’re dealing with here tells such a puzzling story that I’m waiting until we hear more,” Zimring said. “There’s more story here than I think either you or I have, so I’m just gonna stay tuned.”

 

Like Mr. Zimring, I definately wanted to hear more.

Scott Dyleski is arrested

Oct 7

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It didn’t take long for the media to report that 16 year old Scott Dyleski was arrested.  October 20, 2005 it was breaking news.

It was a bizarre twist, and I wondered what the deal was with the first person the media touted as a suspect, Joe Lynch.  Everyone seemed to be pointing a finger at Joe Lynch talking about his drug use, past problems and most importantly the restraining order that Horowitz had requested to keep Lynch away from himself and Pamela.

Now it was a 16 year old, and even though the media went hog wild posting a goth looking picture from an old year book, he was still just a kid, and a tiny one at that.  I recalled people describing Pamela as a very capable woman, and a fighter, safety conscious and capable of using the firearms in her home…. and I thought to myself, I hope they have some strong evidence on this kid because I am hard pressed to see how it could have gone down.  I thought they must, since the kid was arrested and charged.  I thought he must be more suspect than Joe Lynch, who was never arrested.

While I waited for news of actual evidence, I went to the Court TV message board and began discussing the case with many of the people there who love to be armchair detectives.  The internet makes it possible to obtain all kinds of information and get many different points of view, and in the case of the Pamela Vitale murder there was no shortage,  and speculation was all over the place.

Back to the beginning, October 2005

Oct 4

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It was back in October of 2005 when the news came of Pamela Vitale’s murder. 

I had just started to follow another murder case, the one of Felix Polk.  His wife Susan was on trial for the murder, and her defense attorney was Daniel Horowitz.  I was familiar with Mr. Horowitz as a commentator on TV, and had come to appreciate and enjoy his commentary as a defense attorney.  I knew he had come on board as Susan’s defense attorney and had offered to work the case pro-bono.  I was impressed by the gesture.  After watching an episode of Dateline earlier in the month, I knew that Horowitz was prepared, and he was already convincing me that Susan Polk might be innocent.  On October 11th opening statements began in Susan’s trial.  As I expected Horowitz hit the ground running.  He stunned the entire courtroom when he played an audio tape of Felix Polk alleging some of the most disturbing, murderous, ritualistic abuse of his son Adam by daycare workers that I have ever heard.  Either the allegations were true, criminal and beyond revolting, or Felix Polk was a very sick man.   This was sure to be a very interesting trial.

Three days later the shocking news came that Daniel Horowitz’s wife Pamela had been murdered in their home.  A murder during a murder trial was a bizarre twist, and like many others I took notice. With much sympathy for the passionate defense attorney I waited for some news.  I recall the early reporting by pundits Nancy Grace and Dan Abrams.  They both personally knew Horowitz. They both got early interviews on camera.  Like many other people I tuned in….. It had been three days.

Nancy Grace October 18, 2005

Interview With Daniel Horowitz

NANCY GRACE, HOST: Tonight, live from California, breaking news in the brutal death of Pamela Vitale, as you know, the wife of high-profile defense attorney Daniel Horowitz. Tonight, in an exclusive interview, my friend and my colleague, Daniel Horowitz.
Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us tonight.

Tonight, we are live in California with special coverage of the brutal bludgeoning death of Pamela Vitale, the wife of defense attorney Daniel Horowitz. Tonight, in an exclusive conversation with our show`s friend and colleague, he talks about the stunning and tragic loss of his wife, Pam, and now the struggle to bring Pamela`s killer to justice.

(BEGIN VIDEO CLIP)

DANIEL HOROWITZ, DEFENSE ATTORNEY: You know, you scream. You cry. but I know I basically sat with her and I just told her, I love you, and, You`re beautiful, and you know, just whatever things you say to somebody you love because to me, at that point, all that was there was the person I love. I mean, it didn`t matter anymore, you know, what I — what was around her or the horror. I had so much time with Pamela. So I just looked at her face, and it was beautiful.

(END VIDEO CLIP)

GRACE: Right now, out to Jane Velez-Mitchell. Jane, what`s the latest?

JANE-VELEZ-MITCHELL, INVESTIGATIVE REPORTER: … Pamela Vitale, the wife of our dear friend and colleague, Dan Horowitz, and why. That remains a mystery tonight, a mystery that law enforcement investigators say they are determined to solve. They have remained all day at the crime scene, which is the Horowitz estate, about 20 miles east of San Francisco, poring over the evidence there. They expect to be back there tomorrow.

Meantime, they insist this is a wide open investigation. They have no suspect and they have not ruled anyone out. Now, we have learned a little bit more about one of the individuals they have questioned. Again, not considered a suspect, but a neighbor by the name of Joe Lynch. It was about four months ago that Daniel Horowitz sought a restraining order against this Joe Lynch, saying he had a drug and alcohol problem that made him violent and abusive. Well, CNN today spoke with Joe Lynch, and he said, yes I used to be a jerk. I used to have a drug and alcohol problem, including methamphetamines, for more than 20 years, but I`ve gotten help. I am now clean and sober. And he absolutely insists he had nothing to do with the tragic death of Pamela Vitale. And again…

GRACE: Interesting that he said that…

VELEZ-MITCHELL: … there are no suspects…

GRACE: … but I would call it — I would call it more than just being just a jerk, including DUI convictions. In that court file, the Walnut Creek, California file, evidence of clinical depression, being on four different medications, at least. And in that file, Daniel Horowitz wrote a letter to the judge to go easy on Joe Lynch, Horowitz`s neighbor, to try to help him start all over.

But you know what? It didn`t end there. A TRO, temporary restraining order, was obtained by Horowitz and his wife. And they`re not the only ones. Other people in this neighborhood have obtained restraining orders against Joe Lynch. Does that make him a killer? No. But interesting, in one of those orders, Joe Lynch was accused of kicking down a door, violently screaming.

We talked to Daniel about this and many other things. Again, he is not a suspect, Joe Lynch, this neighbor of Daniel Horowitz`s. But we do know that the trailer in which Pamela Vitale was living while building their dream house was entered through the front door, and the struggle ensued right there.

Here is what Daniel Horowitz had to say.

(BEGIN VIDEO CLIP)

Read the transcript of the show by clicking  HERE. 

The next day Horowitz went on camera with Dan Abrams:

Oct. 19: MSNBC-TV’s Dan Abrams talks to famed defense attorney Daniel Horowitz in his first live interview after the murder of his wife.

California attorney Daniel Horowitz joined MSNBC’s Dan Abrams on Wednesday’s ‘Abrams Report’ for his first live television interview since finding his wife, Pamela Vitale, murdered in their home on Saturday evening.

DAN ABRAMS: Daniel, thanks a lot for coming on the program. I’m so sorry it has to be under these circumstances. You and I have spoken a couple of times since this happened and I know how hard this is for you to talk about, so I appreciate it. How are you holding up?

DANIEL HOROWITZ: I guess you can see, Dan. It’s just — I don’t know how I’m holding up. I don’t know — it’s — I don’t know how to answer that.

ABRAMS: In the few moments before the show, I saw that you were in tears for a moment and it seems from the times I talk to you that it ranges and at times completely break down to other times thinking about moving forward with the investigation and getting this case solved.

HOROWITZ: What you were seeing on the monitor before we went on is that one of Pamela’s closest dearest friends called me and we were just talking about Pamela and up to that, I was feeling the best I had felt in a while because I had been through our house that we were building.

I felt alive for the first time since Saturday and then when I talked to her friend, I felt like the love that her friend had and it just made me cry and it’s sort of like you can’t predict when you’re in this state that I’m in, you can’t predict why you’re feeling something or what — you can’t control your emotions. So I don’t know from second to second, too much when I’m going to you know be one way or the other.

ABRAMS: You went back to the house today for the first time. How was that?

HOROWITZ: Yes. Well I went back once with the police just to walk through it to see if I had any insights into what had gone on there that would be known only to me. And that was hard but I had the police officers with me. Today I went back with my family and the police had taken out the most horrific parts of the scene, the parts that really were upsetting, you know, just pure — they took that away.

So it was a beautiful day and I went into our bedroom and you know the bed just has a sense of the person or the people who were there. And for me, it was a nice feeling to be with her. So it’s like there’s horror, but I can never escape that and then there’s the moments where I feel her and then there’s all these questions and functioning and you got to do arraignments and other people’s feelings and you just don’t really know where you’re at. And I think anybody who’s been through this can just tell you there’s no formula for it.

ABRAMS: Daniel, before we talk about the investigation, tell me about your relationship with Pamela.

To continue reading the transcript click HERE. 

I was surprised that the husband of a person who had been so brutally murdered could do a TV interview so soon,  I found it odd.  But then I figured Dan Horowitz is used to being on TV, people grieve in different ways, and there was an open investigation going on concerning his wife’s murder, so perhaps he was trying to be helpful.  I kept an open mind and waited for more news.  However I did notice some information that came out concerning the crime scene.

Straight out to staff writer, “San Francisco Daily Journal,” Robert Selna. Robert, tell me about this area. It`s not like somebody fell into the house at the top of this hill to steal a VCR.

SELNA: Well, it`s a fairly remote area. In fact, very remote. And people would not know it was there unless they knew people who live there. Very few people came and went, you know, who didn`t know it was there. Construction workers were there frequently, working on the house. Other people who were, you know, involved in that project were around. But just your everyday person wouldn`t get off the freeway and drive there. They wouldn`t know where they were going. From what I understand, it`s a pretty big canyon area, and there was a lot of acreage out there.

 

ABRAMS: You had said that it was clear to you that the killer or killers had cleaned up the crime scene. Why do you believe that?

HOROWITZ: Well, Dan, I don’t want to go into any details of the investigation because what’s going to happen now is there’s a mix of what I saw at the time and a mix of what I’ve learned and my primary focus — I don’t have too many functions in life right now, is to take care of my family, you know to take care of myself and not to interfere with this investigation by saying things on TV that they don’t want out.

So all I can tell you is that what I saw was that she fought like hell and really fought like hell and I think she almost won and I know my wife. I know Pamela would never ever you know give up. She would fight to the end, Dan. No one could scare her. She loved life and I think that person almost lost. I mean I’m assuming it’s a man. I don’t know. But I think she almost beat him.

ABRAMS: So you’re convinced that the killer would have some sort of wounds on him.

HOROWITZ: Well, either wounds or he struck with a weapon repeatedly so that she didn’t have a chance to wound him, but she didn’t go down and she didn’t give up, Dan. I could see that. Look, I know what a crime scene looks like. It’s what I’ve done for a living and I’m telling you that Pamela fought like hell and that person who attacked her, I bet he feared that he was going to lose. She fought like hell. … But he had a weapon and I’m sure she didn’t.

ABRAMS: And do you say that in part based on defensive wounds, et cetera, that you recognized.

HOROWITZ: Again, I’ve heard that rumor about defensive wounds, Dan and I don’t know one way or the other if there were. I didn’t touch her other than what I just told you. Touched her twice on the neck, so I didn’t look or move her to find out what was there. I just could tell by how the scene was, based upon my knowledge of what I do and knowing Pamela and how strong she was and how brave she was, I know she might have been scared a little at the beginning but that immediately, that would have turned into a strength and a fury, and she would have been fighting for everything and I know that’s what happened, Dan.

ABRAMS: And in part, that’s because the scene, the TV was moved and other items weren’t in their ordinary place, right?

HOROWITZ: Right. You could just see how the battle went back and forth and what objects were moved. And again, these are some things even that I figured out I don’t want to say on TV, so that the police don’t have their hands tipped, but I could see things moved in certain ways that I know how the bodies were when they were fighting. You could see the splatters of blood, but you could just see that she’s moving around, that she is not giving up.

She is not giving up.  Those words chilled me and stayed with me.

Daniel Horowitz and SB 399

Sep 22

Posted by admin in My search for the truth | 3 Comments

Two weeks ago a friend of mine e-mailed me a copy of the address that Daniel Horowitz gave the Senate concerning the passage of the bill known as SB 399.  In that address Mr. Horowitz made several statements that bothered me, not because he was speaking out and giving his opinion as a victim, rather it was because I knew that certain things he asserted as factual concerning Scott Dyleski were blatantly false. As I continued to read the nagging question for me was why?  Why is Daniel Horowitz making things up to support his contention that Scott Dyleski is an “evil” teenager who “enjoyed” killing Pamela Vitale?

Does it matter?  Well to me, yes, it does matter.  I believe that Scott Dyleski is innocent, and has himself been the victim of a huge miscarriage of justice. 

I initially sat down and began working on a statement to refute what I knew to be false claims made by Mr. Horowitz.  My intent was to then post the statement on my website. The same website Daniel Horowitz mentioned in his address, the website I named “Justice for Scott Dyleski”.  Then it occurred to me, maybe what I really need to do is to tell my story and how I came to believe in Scott’s innocence.  I think it is finally in me to blog about this journey, which has been nothing less than amazing.

But First, I want to clear up the recent misinformation given by Mr. Horowitz in opposing SB 399 that concerns Scott Dyleski and my website.  I think it is important to keep in mind that Mr. Horowitz chose a very unique platform when he made the false statements.  He was speaking in an official capacity as a victim, which one could reasonably conclude gives a certain immunity concerning  behavior that might otherwise be seen as odd, cynical or even suspect.  Of course one first has to know the statements are false.

On page 37 of  Daniel Horowitz’s “Comments to State Senate” he states:

9. Taking Responsibility

In fact, not a single one of the individuals serving life without parole for crimes committed as teens suggested that he or she should not be held responsible for his own actions … (HRW p. 43)

This is one of many statements by HRW which are truly insulting to victims. As I stated before you at the hearing on SB 399, Pamela’s killer not only showed no remorse, he enjoyed his work. (And Judge Zuniga remarked on this point at sentencing).

Not only is he not remorseful, he actively participates in a major website that seeks to prove his innocence and for several years accused me of framing him. (The website sponsor has since apologized in writing. Her apology followed their hiring of a licensed private investigator with the thousands of dollars they raised to target me.)

This website (again, run with his assistance), accused me of committing the crime and claimed that my present wife was part of the killing. My home address was printed along with a detailed map of where to find it.

I am certain that my story is not the only one where the killer did not show remorse.

I want to make it very clear that Scott Dyleski has never been involved in the running of my website.  All of the content posted has been and remains the decision of me alone.  I have no idea why Mr. Horowitz is trying to imply that Scott Dylesi was somehow trying to harass him from afar through my website, because it simply isn’t true and there has never been any reason for Mr. Horowitz to draw that conclusion.  I have a very specific disclaimer on the home page of my website that goes to this very topic.  In addition, when I wrote a letter of apology to Mr. Horowitz in March of 2008, I took full responsibility for the content on my website that alluded to his involvement in his wife’s death. I was very clear.  I also removed the content and posted a public apology to Mr. Horowitz which I left up for quite awhile.  It should also be noted that I never posted a map to his home, let alone a “detailed” map and I never accused his wife Valerie of anything let alone murder.  In all honesty it was quite shocking for me to read the recent assertions by Mr. Horowitz. 

I would also like to clear up the misinformation given by Mr. Horowitz that money was raised by “their” group to “target him” and the indirect assertion that the private investigator hired had something to do with my letter of appology to Mr. Horowitz.

The reality is this:  There is no “group” that I belong to that “targets” Mr. Horowitz.  I find the assertion ridiculous.  The investigator who was hired had nothing to do with my letter of apology to Mr. Horowitz, nor did he ever give me any information.  The letter was my own idea, and all of my reasons will be a post for a different day.