Dyleski sentence appeal

Scott Dyleski files appeal of life sentence for murder conviction:

The attorneys for Scott Dyleski are trying the spaghetti plan to get their client out of a life sentence without parole. By spaghetti plan I mean they’re throwing everything against the wall to see what sticks.

Scott Dyleski was the 16-year-old who was tried as an adult, convicted, and sentenced to life without parole in the murder of Pam Vitale. Vitale was the wife of famous criminal defense attorney Daniel Horowitz.

One of the focuses on the trial was that some people felt trying Dyleski as an adult was inhumane and that sentencing him to life without parole was worse. I’m not one of those people. He brutally bludgeoned Pam Vitale and craved a symbol in her back. If that doesn’t warrant being tried as an adult nothing does.

Anyway on to the matter at hand, his appeal.

Scott Dyleski’s sentence of life without the possibility of parole in the October 2005 bludgeoning death of Lafayette resident Pamela Vitale amounts to unconstitutional cruel and unusual punishment because he was only 16 at the time, his lawyer argued in a court appeal this week.

The 183-page brief, filed Wednesday in state appeals court, also argues that there was not enough evidence during the trial of burglary — the special circumstance that allowed Judge Barbara Zuniga to sentence Dyleski to life without parole.

The judge also should have allowed a change of court venue because of the local notoriety; held a hearing on the reliability of DNA testing that linked Dyleski to the murder; and should have thrown out evidence from a home search that attorney Philip Brooks claims was based on a “recklessly inaccurate” search warrant affidavit, the brief argues.

Is there anything else? Can we get you a coffee or something? Did you not care for the color of the bailiff’s uniform? Were the courtroom chairs too stiff for you?

If Dyleski was 21 when he killed Pam Vitale this wouldn’t even be an issue but some people just have to do things “for the children”. Even if those children are cold-blooded and callous killers.

10 thoughts on “Dyleski sentence appeal”

  1. Yeah, God forbid we have hearings over the relability over evidence now! And change of venue so the client gets a fair trial that is not influenced by the media, the world would destroy itself! Screw the Constution! What good has that done in the past 50 years!

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  2. None of those things are unconstitutional. Let’s not forget the DNA evidence either.

    Contra Costa County Sheriff’s senior criminalist David Stockwell told jurors Tuesday that DNA on a face mask, a glove and shoes that Dyleski’s mother had testified belonged to the teenager matched Pamela Vitale’s profile to a certainty of one out of 13 quadrillion Caucasian females.

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  3. I guess “freedom of the press” should just be flushed down the toilet.

    And “God forbid” anyone be held accountable for anything they do…especially if they are a little murdering mutant.

    I notice something very glaring missing from all your stuff taken from the kid’s lawyer Trench….NO DENIAL THAT HE ACTUALLY KILLED HER! So I guess if he only killed her without the intent to rob the place, we should just give him a doughnut and ask him to please stick closer to church oriented social activities.

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  4. You know this whole trying as an adult and life without parole would not be an issue if he was black, spanish or even asian. I know that sounds racist but unfortunately it’s true…..most of time, But yes he should get life without parole or at least life.

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  5. He denied that he killed her to the very end and most DNA evidence involving the participation in the murder pointed to his friend. Plenty of evidence he was there, very little that he parcipated at all. Picking a lock and going into a house is not the same as killing someone. Do you really think that we should hold robbers just as accountable as murders, because thats how it might end up.

    The reason the appeal doesn’t mention that is that it is not an appeal issue, it is a trial issue, and if they ruled that he killed her at trial with faulty evidence… yeah.

    Of course I am sure that there is not one innocent person behind bars today. I mean theres no way a jury could be wrong is there! If it turns out he did participate in the murder (and not just the robbery) then throw the book at him, if not.

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  6. DNA placed him at the scene, his mom tried destroying evidence. For someone who was supposedly innocent he sure did act guilty.

    Do you have a name for this ‘friend’ of his that you speak of?

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  7. “Do you really think that we should hold robbers just as accountable as murders, because thats how it might end up.”

    Uhhhhh…that isn’t how “it might end up”…it IS how it ended up. And yeah…that’s the way the law works. You are part of a crime and someone dies…you are just as responsible regardless if you actually pulled the trigger or not.

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  8. The supposed DNA that placed him at the scene actually has so many problems with the handling and processing of it as to be completely discountable. You are very ill-informed on this case all the way around. Maybe you should go pay for the full appellate brief so you can read about it.

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  9. I find it interesting this whole blog post is based on one article. FYI, that article was written based on the journalist only seeing the one page summary of the brief. The appelate attorney is NOT trying the spaghetti approach, he has thoroughly written the initial oversized brief based on all the issues possible that can be presented in this kind of brief. Not all issues can be addressed – you know that, don’t you? The only evidence ever presented that links Dyleski to being at that crime scene is a sample of blood so small it is less than the size of one blood cell and there are HUGE problems with the DNA analyses of that sample. Almost all the other forensic evidence should have been thrown out because the chain of custody was lost for two entire hours!! And, that evidence was supposedly found in an unlocked van sitting quite a ways froom the house. The police did not even search some heavy brush (arroyo) area that the dogs initially led to for weapons or evidence that was very near Horowitz’s home, an area where I believe there was human tracking away from the crime scene. There is a lot more that most people do not seem to know about this case. At the very least, the trial was a shame and Dyleski deserves a fair trial. Whatever his mom did is not evidence for or against him so why keep repeating that? Lame

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