Scott Dyleski

From Wikipedia, the free encyclopedia

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) is an American teenager who 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 he did not qualify for the death penalty.

1 Background
2 Pamela Vitale
3 Criminal trial
4 Notes
5 External links

[edit] 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 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 a car in a freak 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. 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.

[edit] 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]

His mother was accused of helping her son destroy evidence, but the charge was dropped after she agreed to cooperate with prosecutors.^[4]

[edit] 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 has since been represented by Ellen Leonida, a public defender.^[4]

On November 9, 2005, Dyleski pleaded 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 just days before the killing was billed to Vitale's address, and he may have gone to her home thinking Vitale was another neighbor, Karen Schneider. Schneider's credit card had also been used fraudulently.

Authorities believe Dyleski killed Vitale by striking her numerous times in the head with a piece of crown molding, and then carved a symbol, widely described in media as a "gothic" signature, into her back while she was still alive. Prosecutors also allege that Dyleski stabbed her in the stomach after she died. Dyleski, who is 5 ft ll in and weighs 110 pounds, had scratches on his face and legs consistent with a violent struggle when arrested.

During the trial Prosecutors established that the symbol found carved on the victims back closely resembled the letter "H" in the word "hate" from a bumper sticker reading "I'm for seperation of Church and Hate", which was seized from Dyleski's bedroom. A CD from the industrial band Velvet Acid Christ was also found to contain a similar symbol. ^[5] Goths do not have any particular symbols as such, however imagery of Catholicism is very popular, either to express religious affiliation, satire or for decoration.^[6]

On February 17, 2006, Judge Mary Ann O'Malley ruled that prosecutors have enough evidence for trial. On March 3, 2006, Dyleski was arraigned on an additional charge of first-degree residential burglary. Dyleski entered a new plea of not guilty to all the charges.

On July 17, jury selection began 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."

On July 27, 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.

On August 22, 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.^[7] 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.

On August 28, 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 on September 26, 2006 to life in prison without the possibility of parole.^[8]