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A compilation of three photos of Scott Dyleski, run on the cover of the San Francisco Chronicle. The third picture, of Dyleski in the ninth grade, which shows him in makeup and long hair, was criticized by his defense attorney as unfair and misleading, because by fall 2006 Dyleski's appearance had become more conservative and mainstream.

Scott Edgar Dyleski (born October 30, 1988) was convicted of murdering his neighbor Pamela Vitale, the wife of prominent attorney Daniel Horowitz. He received the maximum penalty allowed by the law, life without parole. As a juvenile at the time of the murder he did not qualify for the death penalty. Dyleski committed this murder on October 15, 2005, just two weeks shy of his 17th birthday. He is now an adult and serving his sentence in Kern Valley State Prison in Delano, California.

Background

Scott Dyleski was born to Esther Fielding and Kenneth Dyleski in 1988. His parents separated when he was two years old. After the separation, Scott and his mother moved frequently, living in various places throughout Northern California before moving to Lafayette, California to live with another family.

When Dyleski moved to Lafayette he was in the sixth grade. He enjoyed playing baseball and played in Lafayette Little League. He and his mother lived outdoors, then in a small lean-to shack. For years, he lived without electricity, plumbing, heat, or running water. He was able to shower only once a week, at the homes of his mother's friends.^[1] Dyleski's father became concerned about his son's welfare and contacted Child Protective Services twice. Once on December 17, 1994, for general neglect and again on April 3, 1995, for emotional abuse, but they failed to investigate the complaint.^[2]

In 2002, his half-sister was killed in an automobile accident. She was the passenger in the accident. Both his half-sister and another passenger were killed. All passengers were friends and roommates.^[1] Dyleski briefly attended Acalanes High School in Lafayette, California. He was also a Boy Scout for a time in Lafayette Troop 224. He was shunned by fellow scouts due to his view that the September 11, 2001 attacks were government orchestrated and quit the unit shortly after. In the summer of 2005 he received his California High School Profiencency Certificate (similar to the GED) and began studying art at Diablo Valley College in Pleasant Hill, California.

Pamela Vitale

On October 15, 2005, Dyleski's neighbor Pamela Vitale was found dead. Four days later, Contra Costa County sheriff's deputies searched Scott's home and seized two laptops, a desktop computer, bedding, knives and a duffel bag. The next day, he was charged with murder as an adult in the death of Pamela Vitale.^[3]

Criminal trial

Initially Dyleski was represented by attorney Thomas McKenna. He later asked to be removed from the case, because he defended the driver of a car that killed Dyleski's sister and another passenger in 2002. Dyleski was then represented by Ellen Leonida, a public defender.^[4] Dyleski pled not guilty. Soon afterwards, the Contra Costa Superior Court imposed a gag order that bars all trial participants from talking to reporters. This was the first gag order issued in Contra Costa County in 40 years.

Investigators believe Dyleski and his friend planned to start a marijuana-growing operation, with Dyleski in charge of raising money. Dyleski is believed to have stolen credit card information belonging to his neighbors and used the cards to order lighting equipment. According to prosecutors, one of Dyleski's orders used the credit card information for Karen Schneider, but used Vitale's address as the bill to address, and his own address as the ship to address. The lighting company refused to process the order, suspecting it was fraudulent. Dyleski told his friend Robin Croen that he would "take care of it". He may have gone to Vitale's home thinking she was Schneider, due to mistaking Vitale's address for Schneider's. He may also have been seeking revenge against Schneider for having accidentally run over his dog a couple of weeks before the murder. Dyleski stayed up with the howling dog all night. Surgery on the dog did not help, and two days after the murder Dyleski and his mother, Esther Fielding, took the dog to the vet and had it put to sleep. An additional motivation may have been rebound grief over his sister's death in a car accident which may have been triggered by the incident with his dog being hit by a car.

Authorities believe Dyleski killed Vitale by striking her numerous times in the head, possibly with a rock, and then carved a symbol into her back while she was still alive. During the trial Prosecutors established that the symbol found on the victim's back closely resembled the letter "H" in the word "hate" from a bumper sticker reading "I'm for separation of Church and Hate", which was seized from Dyleski's bedroom. The symbol also was similar to what Dyleski used in signing his artwork. ^[5] Prosecutors also allege that Dyleski stabbed her in the stomach after she died. It was revealed at the trial he had a fascination with vivisection. Dyleski, who is 5 ft 5 in and weighs 110 pounds, had scratches on his face and legs consistent with a violent struggle when arrested. He had a swollen hand, wrist, and forearm which could have been caused by repeatedly using a rock as a bludgeon.

At the conclusion of the preliminary hearing Judge Mary Ann O'Malley ruled that prosecutors have enough evidence for trial. Dyleski was arraigned on an additional charge of first-degree residential burglary and he entered a new plea of not guilty to all the charges. His mother was accused of helping her son destroy evidence, but the charge was dropped under the condition that she testify truthfully.^[4]

Jury selection began in July of 2006 in the courtroom of Judge Barbara Zuniga, who became the trial judge after defense attorney Ellen Leonida made a peremptory challenge against Judge O'Malley on the grounds that the jurist was "prejudiced against the interest of the defendant." Attorneys provided contrasting views of Dyleski in their opening statements. Prosecutor Harold Jewett said Dyleski identified with Gothic symbols and art that depicted violence and stabbed and beat Vitale. Leonida described her client as a gentle kid whose friends know he isn't a killer and instead valued human and animal rights.

At the end of August attorneys gave closing arguments, capping several weeks of testimony. The prosecutor called to the stand Dyleski's housemates, mother, girlfriend, friend, a forensic pathologist, a DNA expert and several criminalists. Gloria Allred, an outspoken television personality, represented Jena Reddy, Dyleski's girlfriend. She told the jury that while Dyleski never admitted or denied killing his neighbor, he told her he would take the blame to protect her and his best friend.^[6] DNA evidence showed Vitale's blood was found on Dyleski's belongings, the DNA of both Vitale & Dyleski was found on the balaclava mask worn during the murder, and his DNA was found on the bottom of her foot (17 out of 17 markers matched) DNA Mix Traced To Victim and Dyleski. A shoe print at the murder scene was determined by the jury to match shoes belonging to Dyleski. "Jason Kwast, another criminalist, testified that the pattern of bloody footprints found on a plastic lid that was discovered in Vitale's house matched the pattern of the bottom of Land's End shoes belonging to Dyleski." [1] According to ABC7News, "A shirt found in the van had only Dyleski's DNA on it, but shoes that Dyleski allegedly asked his girlfriend to hold the day after the murder had both Dyleski's and Vitale's DNA on them." Dyleski Trial: DNA Found On Clothing A chilling to-do list in Dyleski's handwriting was also compelling evidence according to jury spokesperson, Peter De Cristofaro [2]. Leonida called a number of Dyleski's friends to serve as character witnesses. Dyleski waived his right to testify. No DNA experts were called to rebut the prosecution's DNA evidence.

Scott Dyleski was found guilty of all the charges against him: first-degree murder, the special circumstance of murder in the commission of a first-degree residential burglary, first-degree residential burglary and an enhancement for using a dangerous weapon to bludgeon Vitale. He was formally sentenced to life in prison without the possibility of parole. He was held in juvenile hall until his 18th birthday on October 30, 2006 (about one month after sentencing) and was then transferred to San Quentin. He was kept out of the general population while his case was evaluated and was then transferred to Kern Valley State Prison several months later.

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Notes

^ ^a ^b "Dyleski's Lawyer Pleads For Light Sentence", NBC11.com, September 25, 2006
^ "Neglected boy grows up to take pleasure in killing", CNN.com, September 28, 2006
^ "New Details Revealed In Vitale Murder Case", KTVU.com, October 27, 2005
^ ^a ^b "Accused Killer's Mother Arrested In Vitale Case", NBC11.com, October 28, 2005
^ Lisa Sweetingham Hearing begins for teen accused of killing wife of lawyer Daniel Horowitz Court Tv
^ "Justices refuse to ungag Gloria Allred", CNN.com, October 2, 2006

[light-1] "Dyleski's Lawyer Pleads For Light Sentence", NBC11.com, September 25, 2006

[2] "Neglected boy grows up to take pleasure in killing", CNN.com, September 28, 2006

[3] "New Details Revealed In Vitale Murder Case", KTVU.com, October 27, 2005

[mom-4] "Accused Killer's Mother Arrested In Vitale Case", NBC11.com, October 28, 2005

[5] Lisa Sweetingham Hearing begins for teen accused of killing wife of lawyer Daniel Horowitz Court Tv

[6] "Justices refuse to ungag Gloria Allred", CNN.com, October 2, 2006

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 *[http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/08/22/MNG3MKN3GE5.DTL Vitale Unintended Target]
 *[http://www.universalchatfest.com/index.php?topic=1324.0;prev_next=next Dyleski Thought Vitale Was Someone Else]
+*[http://cbs5.com/local/local_story_229174729.html Character Witnesses Testify In Dyleski Defense]
 *[http://www.nbc11.com/news/9693957/detail.html Teacher, Coach Testify In Dyleski Case]
 *[http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/08/23/BAGF5KNFKI1.DTL&feed=rss.news Clash of Details as Dyleski Case Heads to Jury]