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Old 06-02-2011, 01:09 PM
time time is offline
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Scott Dyleski - Habeas Appeal Evidence Ignored In 2005 Murder Case

This case hasn't been in the news much lately, but was at the time of Pamela Vitale's murder on October 15, 2005. Scott Dyleski, who was convicted in 2006, lost his direct appeals. However, his new attorneys have found quite a bit in the original police records that was not presented at trial nor in any of his direct appeals.

Attorneys: Evidence Ignored In 2005 Murder Case
http://www.ktvu.com/news/28089438/detail.html

Quote:
May 31, 2011
SAN FRANCISCO -- Attorneys representing a teenager convicted of killing a well-known Bay Area lawyer’s wife said Tuesday that investigators ignored significant evidence pointing to another suspect and wrongly pursued a case against the innocent teen.

Lawyers filing an appeal for Scott Dyleski, who was convicted of murdering the wife of attorney and legal analyst Daniel Horowitz, told a group of reporters that police, prosecutors, and even Dyleski's trial attorney ignored evidence connecting Horowitz to the brutal crime
Scott Dyleski's May 2011 writ for Petition for Writ of Habeas Corpus, Exhibits A-F, Exhibits G-P


The habeas with exhibits is nearly 500 pages. The exhibits contain several transcribed interviews, at least two of which are from the original police records; Pamela Vitale's sister Tamara Hill and another woman, Donna Powers, who apparently had close contact with Daniel Horowitz

There is also deposition from a Mr. Ortiz who was the main builder of Daniel Horowitz and Pamela Vitale's mansion. Mr Ortiz has a lot to say and was never contacted by the police investigators or any of Scott Dyleski's first two attorneys. Ortiz also worked intensely on developing what he calls a "Media Plan" to help make Daniel a rising star as a legal commentator.

Additionally, there are two reports on scientific evidence by forensics expert Brent Turvey and some analysis of the crime scene. One of these was apparently available to Scott's counsel to use in the direct appeal but was not. Dr. Laufer examines Vitales autopsy and states that the marking on Vitale back were more likely done with something like a house/car key instead of a knife. This is significant because Turvey claims the crime was very personal and evidence in blood on the front door deadbolt suggests someone entered the trailer during the struggle with Vitale mid-attack using a key.

Tamara Hill, Pamela Vitale's Sister - Exhibits A-F, pg 4-92

Michael David Laufer, M.D., Medical Expert - Exhibits A-F, pg 94-115, Dr. Legal Declaration of Laufer's re-examination of the Vitale autopsy

Brent Turvey, Forensic Expert - Exhibits A-F, pg 117-129, 2009 Report on his findings that was not entered in Dyleski's direct appeal and current Supplemental Report

Donna Powers - Exhibits G-P, pg 2-67, Says Horowitz threatened to make sure she lost child custody

Rick Ortiz, Builder - Exhibits G-P, pg 69-76, Legal Declaration and Records

Last edited by time; 06-02-2011 at 01:21 PM.
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Old 06-02-2011, 01:32 PM
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Another person confessed

I forgot to add that it appears there was also a report to police not long after the murder that a young man told his girlfriend he had murdered Pamela Vitale using his skateboard. There is no indication that investigators followed up on this tip further as the girlfriend was never interviewed. Apparently, both of Dyleski's previous attorneys also had access to this information and it was neither presented at his trial nor in his direct appeal.
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Old 06-02-2011, 05:19 PM
i.b.nora i.b.nora is offline
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Well, I have read some, not all, of the documents.

My first impression is that Mr Ortiz is a little full of himself and his importance in the life of Daniel Horowitz and his wife Pamela Vitale. Second of all, according to him, the Horowitzs owed him a bunch of money but it seems other than to write this vitriolic statement, he has done nothing to collect it?

Also, for anyone to include Susan Polk's statement to discredit Dan is asking for trouble, imo. Susan Polk was virtually a certified lunatic.

I will read more later.
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Old 06-06-2011, 01:57 PM
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I have read most of the 500 pages of documents. While some or most of what you say, nora, may be true, I would tend to look at all of this another way.

Mr. Ortiz - I don't know if he is full of himself or not and I'm not sure it matters. There are court documents in Tehama County that support part of his claim:

VIEW 015724 ASSIGNMENT OF RENTS 08/02/2004 ORTIZ, RICK S HOROWITZ, DANIEL 2540 0452 ORTIZ, TONI L VITALE, PAMELA

VIEW 015724 DEED OF TRUST 08/02/2004 ORTIZ, RICK S HOROWITZ, DANIEL 2540 0452 ORTIZ, TONI L VITALE, PAMELA

VIEW 013672 SUBSTITUTION OF TRUSTEE 06/20/2005 ORTIZ, RICK S HOROWITZ, DANIEL 2731 0068 ORTIZ, TONI L

VIEW 013675 ASSIGNMENT OF RENTS 06/20/2005 SANTIAGO, JOSE HOROWITZ, DANIEL 2731 0078

VIEW 013675 DEED OF TRUST 06/20/2005 SANTIAGO, JOSE HOROWITZ, DANIEL 2731 0078

I assume his claims of passing 14 (?) building inspections can also be verified. I would tend to believe that he thought Horowitz's threats were real. I'm not sure Mr. Ortiz was in any financial position to fight off Horowitz - it would have cost him more to do that than to lose the house. He already had a house he was selling and he was moving to another state, I think into a third house he had purchased. He thought his family was being threatened.

Both Ortiz and Vitale's sister validated the severe financial problems they had and that it was causing great conflict int heir relationship. I believe a friend of Vitale's was also interviewed after her murder and also said they were having financial problems.


There are other records included in the petition. Plus, I'm sure there are more documents and witnesses that can validate his claims. Ortiz should have been questioned and he expected he would be questioned by investigators or at least by Scott Dyleski's previous attorneys. He was not.

But other than this there are two claims of possible domestic violence. One from Vitale's own sister, Tamara Hill. Vitale's brother in law, Tamara Hill's husband, also had contacted police to tell them they should consider Horowitz a suspect. Tamara claims Horowitz even went into a rage against her over a lawsuit he was helping her with. The maid claimed Vitale had a black eye just a couple of months before her murder. In the documents, another woman also claims Horowitz threatened her, He told her he would make sure she lost custody of her child/children. None of this was presented in court, but was relevant especially since neither Horowitz nor anyone other than Dyleski were treated as serious suspects.

Neither the police investigators nor Dyleski's attorneys followed up on a tip that someone claimed they had committed this murder - a methhead who had been burglarizing people in Hunsaker Canyon.

Furthermore, the jury never heard evidence that was found at Gerald Wheeler's house - scent and cadaver dogs tracked there and he had clothes soaking in OxyClean in a bucket in his bathroom. He had a picture with Vitale in it in his bathroom sink. The dogs tracked to the porch of the cabin next door to Wheeler's also.

There are many other problems with this case. There are pages upon pages in the habeas petition about the DNA validty. Plus, reports from Brent Turvey and Dr. Laufer that raise some serious questions about the crime itself. Do you think they are lying about someone probably using a key to reenter the home during the struggle? That a key may have, in fact, been used to make the marks on Vitale's back? There are many other claims of ineffective counsel. I remember everyone basically gasping that Dyleski's original attorney, Ellen Leonida, basically gave no real closing arguments. She didn't call in any experts to question the evidence. And so on.

That's not all that is wrong with this case, but enough for now.

Last edited by time; 06-06-2011 at 02:12 PM.
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Old 06-09-2011, 12:22 AM
i.b.nora i.b.nora is offline
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Okay, so there are some documents in Tehama County. They aren't visible but the titles are there. I have no idea what to think about any of that.

I have read most of the document the new lawyers have prepared. I also just did a quick look at what Tamara Hill had to say at the end of the trial that the media published.

http://www.ktvu.com/news/9751842/detail.html
Dyleski Found Guilty On All Charges
Posted: 4:32 pm PDT August 28, 2006

"Vitale's sister, Tamara Hill, said sitting through the trial had been difficult for family members, who often clutched photographs and other mementos of the slaying victim.

"When her joyous life was brutally snuffed out by Scott Dyleski, he also murdered her hopes and dreams and all of ours. We are grateful the jury has delivered a just and appropriate verdict," Hill said."

+

http://www.fogcityjournal.com/news_i...i_060926.shtml

Dyleski gets life wthout parole
Murder motive remains a mystery

By Caitilin McAdoo, Bay City News Service
September 26, 2006


"Vitale's sister, Tamara Hill, said she believed that Dyleski had felt excitement and exhilaration during the killing. She also said she believes Dyleski is obsessed with murder and would kill again if given the chance.

She described Dyleski as a "cruel, vicious, calculating psychopath who no longer deserves to be called a human."

So, if Tamara had doubts before Scott was arrested, she sure didn't seem to have them when he was found guilty.

Anyhow, I have always been interested in this case for a variety of reasons, but honestly, after reviewing a few things tonight concerning this movement to get him a new trial or overturn the conviction or whatever it is that people are trying to do, I have decided that I am not going to spend any more of my time on it right now. I think Scott did it. I think the guilty verdict was just. He's done, I'm done. His mom is a little goofy, and, I don't think any of it is going to change.
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Old 07-08-2011, 08:34 AM
joe jones joe jones is offline
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I watched the trial from start to finish and I would not have convicted him on the evidence provided, his defence atty was in way over her head and didn't do a very good job,

I hope he does get a new trial
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Old 07-11-2011, 02:10 PM
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Quote:
Originally Posted by joe jones View Post
I watched the trial from start to finish and I would not have convicted him on the evidence provided, his defence atty was in way over her head and didn't do a very good job,

I hope he does get a new trial

Thanks Joe, I agree completely but didn't post any more since it appeared I would be talking to my self! However, there will be much more from Dyleski's new lawyers soon I think. I suspect this petition will be turned down since it is in the Superior Court of the same county right now. I believe it will go to the State next and then to the Federal level. The attorneys found so much in such a short time and already have presented several charges of ineffective counsel based on evidence that was there from the beginning (the petition says they had only been on the case for two months).

Dyleski's attorney, Ellen Leonida, never even tried to refute the evidence with experts, let alone, try to create reasonable doubt in the minds of the jury. In this case, there were so many avenues she could have done that it's mind boggling. I'm a bit shocked that nothing was ever said about the blood on the exterior door deadbolt. Even from the picture contained in the exhibits (Brent Turvey's Report), it seems clear someone who had a bloody hand used a key to get into the house.


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Old 07-11-2011, 02:37 PM
joe jones joe jones is offline
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I hope one day he gets a new trial, I am on the fence about whether he is guilty or innocent but the trial did not prove his guilt to me,

sounds like he finally has attorneys who will fight his corner and endure that they will do all they can to get him an appeal
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Old 07-11-2011, 03:01 PM
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Quote:
Originally Posted by joe jones View Post
I hope one day he gets a new trial, I am on the fence about whether he is guilty or innocent but the trial did not prove his guilt to me,

sounds like he finally has attorneys who will fight his corner and endure that they will do all they can to get him an appeal
I think at the least he deserves a fair trial. I do not think his trial was fair in any way shape or form. You don't send a 16 year old kid away for the rest of his life without giving him a fair trial in my opinion (or anyone). And, even more unfortunate, is that once someone is convicted the chances they ever get an appeal are slim. The prime opportunity to fully investigate this crime was when it occurred and was first tried. The prosecution always has far more resources that a public defender and in this case the public defender chose not to even put resources into disputing the scientific evidence.

The new petition does outline some of the DNA and what is very problematic with it. Brent Turvey says it is near fraud. If you can schlog through it, you quickly see how that spec of DNA they claimed was on Vitale's foot is basically no evidence at all that it belonged to Dyleski.

I have a real problem that it was claimed that one ladies glove was worn throughout a horrific battle with something like 8-10 different weapons and Dyleski's DNA is not in there (some other male's DNA is though).

How is it that the crime scene was described as a blood bath, with pools of blood right at the front door, yet they claim there are no footprints from the murderer anywhere but on a plastic box lid seemingly placed where you couldn't miss it (right inside the front door). How could anyone have left blood on numerous items in the kitchen and in several places in the bathroom without leaving footprints or hair or fibers or zippo?

I have never heard of any murder case where the victim was supposedly found within hours of the murder yet no medical time of death is ever established, let alone basing the time of death on a computer. Further, basing TOD on a computer where the clock couldn't even be verified.
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Old 07-12-2011, 04:50 PM
joe jones joe jones is offline
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I agree with your points about the evidence, it was never properly challenged by his defence,
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appeal, brent turvey, california, contra costa county, daniel horowitz, habeas corpus, lafayette, lwop, murder, pamela vitale, san francisco ca, scott dyleski

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