
Opening statements are slated to begin Thursday in the murder trial of a former Boy Scout who is accused of the bludgeoning death of high-tech executive Pamela Vitale, the wife of a prominent California defense attorney.
Prosecutors believe that 17-year-old Scott Dyleski murdered Vitale on Oct. 15, 2005, during a violent struggle at the home she shared with her husband, Daniel Horowitz, in Lafayette, a woodsy neighborhood about 20 miles east of San Francisco.
Investigators say they have compelling evidence linking Dyleski to the murder, including DNA, bloody clothing and a Goth-inspired symbol found in the teen's room, which appears to match the symbol Vitale's killer carved on her body.
Money and drugs are the alleged motives for Vitale's killing.
A teenage friend of Dyleski's testified under immunity during pretrial hearings that he and the defendant concocted a scheme to grow their own marijuana. Dyleski is accused of stealing credit-card information from neighbors and attempting to use their addresses to order the hydroponics equipment online.
Vitale and Dyleksi had never met, but her address was found among the stolen credit card evidence in Dyleski's possession.
A gag order prevents Deputy District Attorney Harold Jewett and Dyleski's attorney, public defender Ellen Leonida, from discussing the case.
Leonida did not present evidence during pretrial hearings, but she has questioned the credibility of the state's DNA evidence and has unsuccessfully argued for a change of venue, noting that the high-profile coverage of the case has made it impossible for Dyleski to receive a fair trial.
Dyleski was arrested Oct. 19 and is being tried as an adult. He has pleaded not guilty to the charges of murder, residential robbery and the special circumstance of murder during a robbery. He faces a maximum sentence of life in prison without parole if he is convicted.
Web surfing interrupted
Married nearly 11 years, Vitale and Horowitz were living in a modular home on their 12-acre estate in 2005 while Vitale oversaw the construction of their dream house, an Italian-style hilltop villa with a vineyard.
Horowitz told officers that on Oct. 15, he arose at about 6:45 a.m., tended to the couple's two German shepherds, had breakfast with a friend at about 8:10 a.m., and worked at his office before picking up groceries and heading home.
According to computer forensics analysts, Vitale began her day by surfing the Web at 7:49 a.m. She viewed news reports on CNN.com, Courttv.com and Websleuths.com about the murder trial of Susan Polk, a woman who was on trial for the murder of her therapist husband.
Horowitz, and his co-counsel Ivan Golde, had recently taken Polk on as a client. Vitale was actively involved in her husband's practice. Earlier that week, Horowitz delivered opening statements in Polk's trial, which Vitale helped him to write.
Vitale's Web surfing ended at 10:12 a.m., which is when prosecutors believe she was interrupted and attacked by her killer.
Crime scene detectives believe Vitale put up a fight. Blood spatter was found over the walls and doors. There were broken pottery and crushed boxes, and a big-screen TV had been pushed against the entryway to the bedroom during the struggle.
Horowitz reported to detectives that he had tried calling his wife from work several times that day. He was concerned to see her white Mercedes in the driveway when he got home at 6 p.m., because she had plans to see the ballet with a friend.
As he walked toward the mobile home, Horowitz told detectives, he saw blood smears on the front door. The bags of groceries fell from his arms, he dropped to his knees, and he held the body of his wife, who was lying in a fetal position in the entryway.
A neighbor reported hearing Horowitz's car coming up the driveway, and then the sounds of a man crying out, "Oh my God, no, no, no."
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