All tips will be sent immediately to Scott Dyleski's defense team, headed by attorneys Katherine Hallinan and Sara Zalkin. Please do not send tips to other websites about Scott as they are not officially endorsed by Scott's defense team nor family.
Case Documents and Resources
Comment on Zuniga Denial of Habeas Petition October 2011
The Chilling Effect of the Gag Order
Reasonable Doubt and Other Suspects
The Politics of Fear and Demonizing Scott Dyleski
Daniel Horowitz's Bizarre Claims and Untruths
Scott Dyleski is a young man unjustly imprisoned in California for the murder of Pamela Vitale. Pamela Vitale was brutally murdered in her home in Lafayette, California on October 15, 2005. Scott was 16 at the time and lived in a planned community about a mile away in the same Hunsaker Canyon area of Lafayette.
Scott was sentenced to Life Without Parole in September of 2006. He was transferred to San Quentin Prison on his 18th birthday, becoming the youngest inmate in the California prison system at that time. Scott was later moved to Kern Valley State Prison.
Scott was convicted based on very flimsy evidence and lack of an adequate defense. He was assigned a relatively inexperienced Public Defender with limited resources who had to go up against an aggressive, experienced prosecutor with virtually unlimited resources in a case that received prejudicial coverage. However, his defense attorney did not even take advantage of the resources at her disposal nor question and follow-up testimony where she could have. At the least, both Scott Dyleski and Pamela Vitale deserve the justice of an intense investigation and a fair trial.
Mudslinging marks death penalty murder case
April 03, 2002
By Glenn Chapman
During a courtroom exchange spiced with expletives, Daniel Horowitz bad-mouthed Deputy District Attorney Michael Nieto, questioned the good sense of Alameda County Superior Court Judge Philip Sarkisian, and referred to Green as having the IQ of "a retard."
Green's grim countenance slackened to a befuddled look as Horowitz assured jurors of the convicted killer's lack of intelligence.
"I don't know if he is or is not a retard," Horowitz said of Green. "He has a low IQ."
Horowitz insisted on testifying after Nieto asked another witness, Green's sister, what she thought of Green's menacing courtroom outburst the day after jurors convicted him March 12.
The jury had found Green guilty of murdering 27-year-old Charles Hass and trying to murder Aaron Merritt after the pair stepped out of a Peralta Street liquor store Jan. 27, 2001. Green stabbed Hass in the heart and knifed Merritt in the lung during a failed attempt to rob Hass, according to evidence presented in court.
At a March 13 hearing, Green jerked at his shackles, cursed at the judge and threatened Nieto. The hearing was conducted without the jury present.
Before leading Green into the courtroom that day, a bailiff noticed he had wriggled out of the waist chain to which his wrists were linked. Green had reportedly slipped off the belt part of his restraints on two previous occasions.
While lashing out at Nieto, Horowitz said the prosecutor knew Green was simmering with anger that day and grinned to provoke Green into boiling over. Nieto asked Horowitz whether he recalled saying he agreed with the insults Green unleashed on Nieto.
"I don't recall calling you a (expletive)," Horowitz responded, prompting Judge Sarkisian to bury his face in both palms for a moment, then roll his eyes toward the ceiling. "I do think you are...ambitious and don't really understand where you are right now, standing there looking at me."
Horowitz accused Nieto of threatening him by implying the defense attorney might face repercussions for his behavior during the trial. Horowitz also claimed that Nieto had blacks excluded from the jury in a case where the victims are white and Green is African American.
Sarkisian ruled early in the trial that the accusation was unfounded and denied a motion by Horowitz regarding the charge.
"I disagree with the way the judge handled that," Horowitz said. "You still did it...you know it, and I know it."
Nieto, who is of Puerto Rican ancestry, asked Horowitz to explain why he told jurors that Nieto might use a pinata as a prop and why he compared Nieto to "a matador."
"I referred to you as a matador with a bull, teasing it so you could finally kill it," Horowitz replied. "It's not like I had it out for you, I just think you go too far."
Horowitz added that he mistook a Russian nesting doll on the prosecutor's table for a pinata. Horowitz met Nieto's yes-or-no questions with lengthy diatribes. An attempt by Nieto to rein in the answers was rebuffed with "Don't interrupt me sir, I'm not an 18-year-old girl."
Horowitz's witness stand orations came as the defense began presenting evidence intended to convince jurors to spare Green, a 45-year-old career criminal and prison gang member, from the death penalty.
"I hated doing that," Horowitz said of testifying.
Members of Green's family took the stand Tuesday to describe Green as a sensitive, religious father-figure who was a guardian angel to those close to him.
"It's terrible out there," Green's 18-year-old surrogate niece, Charlie Barry, said of her Brookfield Village neighborhood. "Some of my friends got killed because they didn't have people like him looking out for them."
Barry referred to Green as a "bodyguard" and said her mother had a drug problem until Green warned drug dealers not to sell to the woman.
"They never approached her again and she got in a program," Barry said.
Barry testified she knew nothing of Green's criminal history, which includes robbery and shooting a woman dead with an assault rifle.
"I love everything about him," Barry said. "He's like a father to me."
Green's sister, Ruthie Bennett, described Green as an "emotional guy" who has helped care for children.
Correspondent Monica Sagullo contributed to this report.
Interesting as it appears Daniel Horowitz posted this
in regards to the California Juvenile Life Without Parole bill (SB9)
just before it was to be considered again:
DanielHorowitz at 8:33 PM February 26, 2012February 16, 2012
Again, the SB9 advocates tell fairy tale stories. Usually they use cute "girls" to tell the tale of a poor child at the wrong place at the wrong time. The real psycho killers torture their victims, masturbate in prison to fantasies of their victims screams and brag to each other about how their victims died. Those stories never make the LA Times. SB9 will unleash the gates of hell. The rape and murder that will follow will not be inflicted by little "girls" who are 16 years old. They will be 45 year old grizzled men, who have hated their entire lives and will hate and harm until they are again imprisoned.
Interesting, given someone posted this response regarding Daniel Horowitz' defense of San Francisco Mara Salvatrucha gang leader Danilo Velasquez:
"Daniel Horowitz, a lawyer for Velasquez, said prosecutors’ claim of a criminal enterprise was a “fairy tale” and said, “It doesn’t exist in reality” in the cases of Velasquez and Herrera. The two defendants were “low-level guys who put up 20 bucks at a meeting” of the gang, Horowitz said. ”They’re around MS-13, sometimes they play soccer, sometimes they hang out, sometimes they smoke some marijuana,” he said (sfappeal com). "
MS-13 Gang Leader in San Francisco Sentenced to Life in Prison: Seventh MS-13 Member to Receive Life Sentence in San Francisco
WASHINGTON –Danilo Velasquez, aka “Triste,” a local
leader of La Mara Salvatrucha, or MS-13, was sentenced yesterday in
federal court in San Francisco by U.S. District Judge William H. Alsup
to life in prison, announced Assistant Attorney General Lanny A. Breuer
of the Justice Department’s Criminal Division, U.S. Attorney Melinda
Haag for the Northern District of California and Director John Morton
of U.S. Immigration and Customs Enforcement (ICE).
Velasquez was convicted in November 2011 by a federal jury of
racketeering-related charges. At sentencing, Judge Alsup described the defendant as a
12-230 Criminal Division