Scott Dyleski

File:Scott Dyleski.png

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 lived with his mom. Eventually Scott and his mother moved to Lafayette, CA and began living in a home with another family they befriended.

Pamela Vitale

On October 15, 2005, Dyleski's neighbor Pamela Vitale was found rage killed in her home. She was found lying in the entryway just inside the front door. Massive beating to the head and face was obvious, and she was covered with abraisions and lacerations, including on her arms, legs, hands and feet. Her nose was broken, exposing bone, and teeth were knocked out. She had been stabbed in the abdomen, and her back had been cut. The wound resembled the letter H. Blood was found in multiple rooms and areas in the home. It appeared as though there was a large struggle.

Four days later, Contra Costa County sheriff's deputies arrested Scott Dyleski.

Criminal trial

Initially Dyleski was represented by attorney Thomas McKenna. He was taken off the case due to a conflict of interest involving a previous client, and also because Scott Dyleski nor his family could afford a private attorney to defend him for murder. The public defenders office assigned attorny Ellen Leonida,despite her lack of experience concerning murder cases. She had previously had one case that involved vehicular homicide. Scott 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 mistakenly 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".

A clear motive as to why 16 year old Scott Dyleski would have killed Pam Vitale was not presented at trial. Dyleski had no history of violence or mental illness of any kind. He did not know Pam Vitale. Stealing credit card information previously did not involve any burglary to the card holders home, and Scott Dyleski and his partner Robin Croen had agreed to abort their mission if there were any signs of detection. Pamela Vitale was not robbed and nothing was missing from her purse or the home. Her credit cards were not taken. The prosecution tried to present a mistaken identity motive, speculating Scott Dyleski wanted revenge on a different neighbor, but the defense pointed out that there was no mistake in identifying the huge compound where Vitale lived with her husband, Daniel Horowitz.

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. There was no evidence a rock was used, but the DA speculated anyway. 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. H also stands for the first letter in the name Horowitz. The symbol also was similar to what Dyleski used in signing his artwork, but it was nothing close to a match which is why the prosecutor claimed Dyleski left before he finished his alleged symbol. Dyleski, who is 5 ft 5 in and weighs 110 pounds, had only superficial scratches on his nose which was in huge contrast to Vitale who had massive wounds covering her entire body including her feet and toes.

At the conclusion of the preliminary hearing Judge Mary Ann O'Malley ruled that prosecutors had enough evidence for trial.

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 who had no history of violence and in fact was described by everyone who knew him as gentle, tolerant and kind.

Dyleski's defense pointed out that there was no DNA from Scott Dyleski in the alleged murder glove. A glove that was found in an unlocked van on Dyleski's property. The glove was in a bag with Dyleski's name tag attached, and also contained a mask, tha mask contained DNA from both Vitale and Dyleski. Other clothing items in the bag tested negative for Pam Vitale's DNA.

Although Scott seemingly had an alibi, and many questions remained unanswered during his trial, 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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http://justiceforscottdyleski.com/

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