From: Solitairea1
Date: October 30, 2005
Time: 05:22 AM
Wed.Oct.26, 2005 Attorney bows out of accused teen's case By Bruce Gerstman and Nathaniel Hoffman CONTRA COSTA TIMES MARTINEZ - The teen accused of killing Pamela Vitale will likely be represented by a public defender because his current attorney previously defended the driver in a car crash that killed his half-sister. The attorney, Thomas McKenna, said Tuesday he will not stay on the case in part because of financial reasons, but mostly because he defended the best friend of Scott Dyleski's half-sister, who was driving the car that crashed in 2002 and killed Denika Dyleski, 18, and another passenger. Dyleski's father, Ken Dyleski, did not want McKenna to defend his son, McKenna said Tuesday. Two people close to the defendant have said that his half-sister's death was a watershed event in the life of Dyleski, who began wearing dark-colored clothing and withdrawing from caring adults. Dyleski has been charged as an adult in Vitale's slaying. He is scheduled for arraignment on Thursday. McKenna cautioned against drawing conclusions about Dyleski, whom he called "the minor. " "He seems like a sweet kid," said McKenna, who emphasized Dyleski's slight build. "If you met him you'd understand why I'm calling him a minor." A tip from a neighbor on Hunsaker Canyon Road, who reported that his stolen credit card number was used in the purchase of hydroponic growing equipment, led detectives to suspect Dyleski, according to the affidavits returned to Contra Costa Superior Court. The equipment was scheduled for delivery to the Horowitz residence. Dyleski had contacted McKenna three days after the killing because he was "in trouble over credit cards," his mother, Esther Fielding, told homicide investigators who came to her house last week, according to the documents. Investigators served warrants at Dyleski's home on Hunsaker Canyon Road, down the street from Vitale and lawyer Daniel Horowitz's place, on Oct. 19. Dyleski's mother told them that her son was staying at a house on Banbury Place in Walnut Creek. Sheriff's deputies arrested Dyleski at the house Wednesday night, seizing clothes, a wallet with $98 and a pair of "Vegetarian" brand shoes. Documents also provided more details in the Oct. 15 slaying. Investigators responded at 8:53 that evening to a call from Horowitz, who yelled into the phone, "Help me! She's dead!" Authorities said Vitale died from dozens of blows to the head. Court documents say she also had a 4-inch stab wound in her abdomen. Investigators eventually took more than 25 items from the Horowitz house -- from a drinking glass and a soup bowl, to an umbrella and shower curtain -- each stained with blood. Reach Bruce Gerstman at 925-952-2670 or bgerstman@cctimes.com.