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Email This Article (08-08) 13:47 PDT MARTINEZ -- On the day his neighbor Pamela Vitale was killed, Scott Dyleski had scratches on his face and was bleeding when he returned home, where he happily announced that he had enjoyed a walk in Lafayette's Hunsaker Canyon, his housemate testified today in Dyleski's murder trial.
Podcast: It's Nevius with Henry K Lee on the Dyleski trial; He said in a rather loud voice, 'I had the most beautiful walk this morning,' " Kim Curiel told jurors in Contra Costa County Superior Court. Dyleski had scratches on his nose, and he was bleeding -- to the point where a drop of blood appeared ready to fall to the ground, Curiel said. Dyleski didn't seem to notice, and when Curiel told him he was bleeding, he replied, "Oh boy, that bush really got me" and explained that he had fallen down during his walk, she said. Dyleski, 16 at the time of Vitale's slaying, has pleaded not guilty to charges of special-circumstances murder and burglary. Now 17, Dyleski is being tried as an adult and could face life in prison if convicted. Vitale's husband, defense attorney and legal analyst Daniel Horowitz, found her body lying inside the doorway of the couple's home on the evening of Oct. Curiel was not among the witnesses who testified at Dyleski's preliminary hearing earlier this year, and at times during her testimony, Dyleski appeared to be taking notes. With the help of prosecutor Harold Jewett, who drew a timeline on an easel, Curiel estimated that it was 10:45 am when Dyleski returned home on the day of the slaying. Computer forensic specialist Kyle Ritter testified earlier in the trial that Vitale's computer showed no activity after 10:12 am Ellen Leonida, Dyleski's attorney, told jurors in her opening statement that Dyleski had been home when Vitale was killed. In court today, Curiel described Dyleski as a "very happy, easygoing, joyful sort of kid who played Little League, collected baseball cards and played Dungeons and Dragons with my kids." But that changed when his half-sister died in a car crash, she said. At one point, he punched a schoolmate who teased him about the way he dressed, she said. Otherwise, he didn't show any emotion and never cried, she said. Dyleski showed a similar reaction after neighbor Karen Schneider ran over Jazz, the dog that belonged to him and his mother, Esther Fielding, on Sept. Jewett asked if Dyleski had been distraught over the dog. "His demeanor reminded me very much of his demeanor after his sister died, withdrawn and very serious, yet solemn and silent." For at least a week, Jazz was in agony and couldn't walk because one of his legs was crushed, Curiel said. At one point, Schneider came to the home and was surprised to learn that the dog hadn't been put down, Curiel said. Two days after Vitale was killed, Schneider and Fielding yelled at each other over the dog, Curiel said. Schneider accused Fielding of using Schneider's credit-card account to buy marijuana-growing lights and produced a statement showing Fielding's home as the "ship to" address. Under "bill to" was Vitale's address and phone number -- but Schneider's name, Curiel said. I believe someone's trying to kill me, because my name is on here but it's Pamela's address," Curiel said, echoing Schneider's earlier testimony. Curiel said that after Dyleski's housemates looked at his computer and uncovered incriminating evidence about credit-card fraud, the defendant professed innocence. She quoted him as saying, "I didn't do it, I couldn't have done it, I wouldn't have done it. Dyleski then said someone must have broken into his home to break into the computer, Curiel said. At one point, Curiel said, Dyleski was visibly shaking as he worried that he would be linked to the homicide by DNA evidence. He said a woman resembling Vitale had slowed in her car, grabbed his arm through the window and said, "You have to believe" while he was out walking, Curiel said. He showed her scratches on his arm but kept changing details when pressed, she said. "He was telling us this crazy story that he couldn't tell straight," Curiel said. Dyleski later admitted to the credit-card fraud and believed that would somehow distance him from Vitale's slaying, Curiel said. He began to cry, the only time Curiel had seen him do that, she said. Curiel commented at one point how sad it was that Vitale had died. Dyleski replied, "Well, these things will happen," according to Curiel. "That angered me, the way he said it so callously," she said. Earlier today, Leonida cross-examined David Curiel, Kim Curiel's brother-in-law, who also had lived with Dyleski and who testified on Monday that in January, he found a chilling to-do list in a dresser drawer previously used by the defendant. The list, written in handwriting that looked like Dyleski's, read, "Knock out/kidnap, question, keep captive to confirm PIN, dirty work, dispose of evidence (cut up and bury)," according to David Curiel. Leonida questioned how David Curiel appeared to have found the list "by magic" after investigators had searched Dyleski's room. Superior Court Judge Barbara Zuniga agreed and sustained the objection. Leonida also asked David Curiel to confirm that he hadn't immediately called police after he reportedly heard Dyleski telling his girlfriend, Jena Reddy, "Once they find my DNA on her body, they're going to come after me." The witness replied that he believed investigators already had that information. As Leonida continued with her questioning, the judge, on her own, said many of the defense attorney's queries were argumentative.
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