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
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