An article that I read (I googled Valerie) in a California paper said that she was a proposed juror, but was dismissed when Susan Polk told Dan that she wanted her on the jury and the prosecution heard. The day after she was dismissed she came back to court and approached Dan saying since she was an author she wanted to write a book on the trial. She started hanging around him and about a week or so later he "hired" her. Four days later his wife was murdered. On a website for Susan Polk (that came up in the google search), Susan said that was the reason she didn't want him representing her anymore; she thought he might have had something to do with his wife's death. I guess that's why Pamela's children are having a hard time with Dan marrying this particular woman. It's one thing to wait over a year to get married; it's another to begin seeing someone on a regular basis (platonic or not), have your spouse killed and then continue to see this person instead of any stepchildren. My guess this is a betrayal of some sort in the children's mind. How could he love their mother so much and then turn immediately to another woman. IMO most grieving men would have spent time making sure the case was solved and the step children were doing well before beginning any long term relationship.
GUILTY CA - Pamela Vitale, 52, found murdered, Lafayette, 15 Oct 2005
- Thread starter TexMex
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Darlene733510
Active Member
I think that Dan really loved Pamela. She will always have a special place in his heart, even though there is a new woman in his life.
I wish them the very best.
I wish them the very best.
Me, too! I was a little surprised when she announced her marriage and it wasn't to Daniel. I wish all four of these newlyweds the very best, always.
GreenEyes727
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Well . . . usually when people get divorced, it's been coming for awhile. Daniel's wife's death was so tragic. I'm glad that he found happiness. I hated him during the Peterson case. He said some awful things. But I really felt for him when his wife was murdered and I'm glad that there's always more than one person for everyone.
Now where in the Sam Hell is my man!
Jeana (DP)
Former Member
I agree Fran. Her children are upset about their mother and they would probably feel better, for now, if they knew he was just as upset as they are. I think they may feel differently when they get a little bit older and have more life experiences. I'm glad that he's not alone and I wish all of them nothing but the best.
OneLostGrl
I'm going against the grain- I'm going sane
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My brothers wife (yeah, the Scientologists) was dying for over a year (diagnosed with cancer 3 months after giving birth to their first child) and had a hospice nurse coming into the home to help care for her the last couple of months. His wife finally died a month or 2 ago...
well, about a week ago, my brother called my mom to let her know he got married 3 weeks ago and his new wife is none other than the hospice nurse AND she is pregnant with his baby and is due in October!!
well, about a week ago, my brother called my mom to let her know he got married 3 weeks ago and his new wife is none other than the hospice nurse AND she is pregnant with his baby and is due in October!!
LinasK
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Posted: 9:03 pm PDT May 24, 2010
LAFAYETTE, Calif. -- The U.S. Supreme Court is not giving a Lafayette man who murdered his neighbor the chance to appeal his case. Scott Dyleski was tried in Contra Costa County Superior Court for bludgeoning and stabbing Pamela Vitale in October 2005. Vitale was the wife of prominent attorney Daniel Horowitz. Prosecutors say Dyleski, who was 16 years old at the time, was involved in credit card fraud. He may have meant to kill another neighbor who uncovered the fraud. Dyleski unsuccessfully appealed the case in state courts, questioning DNA evidence linking him to the scene and arguing the case should have been moved to another county. His U.S. Supreme Court appeal, denied on Monday, argued a life-without-parole sentence is cruel and unusual punishment for a juvenile.
http://www.ktvu.com/news/23665064/detail.html
LAFAYETTE, Calif. -- The U.S. Supreme Court is not giving a Lafayette man who murdered his neighbor the chance to appeal his case. Scott Dyleski was tried in Contra Costa County Superior Court for bludgeoning and stabbing Pamela Vitale in October 2005. Vitale was the wife of prominent attorney Daniel Horowitz. Prosecutors say Dyleski, who was 16 years old at the time, was involved in credit card fraud. He may have meant to kill another neighbor who uncovered the fraud. Dyleski unsuccessfully appealed the case in state courts, questioning DNA evidence linking him to the scene and arguing the case should have been moved to another county. His U.S. Supreme Court appeal, denied on Monday, argued a life-without-parole sentence is cruel and unusual punishment for a juvenile.
http://www.ktvu.com/news/23665064/detail.html
tapu
Pretty scary.
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LWOP is pretty harsh for a juvenile but... the motive was so cold and the death so gruesome. I can't see this kid turning himself around, or anything. I think he's likely a sociopath.
Was any mitigation offered in the trial??
Was any mitigation offered in the trial??
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
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
Attorneys: Evidence Ignored In 2005 Murder Case
http://www.ktvu.com/news/28089438/detail.html
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
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.
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.
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.
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.
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.
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_in_brief/bcn_dyleski_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.
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_in_brief/bcn_dyleski_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.
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.
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
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.:waitasec:
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