Dyleski alibi witness changes testimony

Contra Costa Times ^ | 8/9/6 | Bruce Gerstman

[SmithL]

MARTINEZ - The only person to provide an alibi for Scott Dyleski testified Wednesday he is no longer certain he saw the teenager at all on the morning Pamela Vitale was killed.

"My testimony wasn't entirely truthful," Fred Curiel said about his earlier testimony at a February preliminary hearing. Curiel and his wife own the home where Dyleski was living at the time of the Vitale slaying.

Prosecutors say the 17-year-old Dyleski killed Vitale on Oct. 15, 2005, as part of a scheme to use credit card information and purchase marijuana growing equipment. He has pleaded not guilty to murder and burglary charges.

Curiel often paused before answering questions asked by an irate prosecutor and even more frustrated defense attorney. The judge sustained many of the prosecutor's objections to the defense attorney's inquiries as "argumentative."

Curiel had told investigators on Oct. 20, 2005, and testified in the prior hearing that he saw Dyleski without scratches or injuries sitting on the couch next to his wife at 9:26 a.m. that morning. He said then that he knew the exact time because he had looked at his pager while waiting for his family to get ready to go Halloween shopping.

Under cross-examination by deputy public defender Ellen Leonida, Curiel maintained he and his family started driving away from the house at 10:26 or 10:27 a.m.. He arrived at the Halloween supply store at 10:51 a.m., he said.

He checked the clock on his pager constantly, he said.

"I had a schedule in my mind," Curiel said. "I was estimating how we were doing on that schedule."

Investigators estimate Vitale was attacked about 10:12 a.m. because she performed a final computer search at that time.

Curiel's wife, Kim Curiel, testified Tuesday that the family left the house at 11:15 a.m. His wife's account of events would have put her and her husband in the house at 10:45 a.m., when she said she saw Dyleski come home with scratches on his face -- a time that fits into the prosecutor's theory that Dyleski killed Vitale around 10:12 a.m.

Fred Curiel's time estimate puts the family in the house earlier, and calls into question what time his wife actually saw Dyleski.

After his meeting with investigators, he spoke with his wife to confirm with her that Dyleski was sitting next to her on the couch, Curiel said today.

She confirmed it, he said. But today he testified that he didn't actually remember seeing him.

"I don't have an explanation other than my memory is not ... I don't have an explanation,'' he said.

Curiel testified today under Leonida's cross-examination he believed at the time he was telling the truth to investigators Oct. 20 when stating he saw Dyleski at home without injuries.

Dyleski's mother Esther Fielding took the witness stand in the late morning. Her testimony continues this afteroon.

[SmithL]

Mother of teen murder suspect testifies
Witness now isn't sure he saw Scott Dyleski that morning

Henry K. Lee, Chronicle Staff Writer

The mother of accused killer Scott Dyleski took the stand today after a key prosecution witness backed away from earlier assertions that the Lafayette teen had been at home when their neighbor Pamela Vitale was killed last fall.

Esther Fielding, 54, told jurors in Contra Costa County Superior Court that she had contemplated taking her son to a therapist on two occasions after finding disturbing artwork that depicted a broken heart, a solitary figure standing apart from others and eyes with tears coming out.

Prosecutor Harold Jewett asked if Fielding had seen other drawings that featured body parts, dripping blood or "concepts of murder."

"I saw some drawings with blood. Not a lot, seemed like teenager stuff," Fielding said, adding that her son also has drawn pictures of "cartoon-like figures," landscapes, dinosaurs, nature and clothing.

Jewett asked if she had seen a picture Dyleski had drawn of a figure holding a severed head in one hand and a knife in the other. Fielding said yes, she seemed to remember that one.

Fielding, a seamstress, agreed to testify in exchange for authorities dropping a charge against her of being an accessory after the fact to murder. . . .

[SmithL]

Mother of teen murder defendant begins testimony

- By MICHELLE LOCKE, Associated Press Writer
Wednesday, August 9, 2006

Emotions simmered in a courtroom as the mother of Scott Dyleski took the stand Wednesday in the teenager's murder trial.

During more than four hours of often intense questioning from the prosecution, Esther Fielding was asked repeatedly why she gave her son warning to clean out his room before a search by other members of the household and later destroyed some of his possessions.

She also was confronted with inconsistencies between her testimony Wednesday and previous statements, questions that led to a tearful outburst by Fielding late in the day.

Dyleski is charged with killing 52-year-old Pamela Vitale, wife of prominent defense attorney Daniel Horowitz, as part of a credit card fraud scheme through which he and a friend planned to set up a pot-growing operation.

The teen was 16 at the time but is being tried as an adult and could face life in prison if convicted.

According to previous testimony, questions about the credit card scheme began to emerge shortly after Vitale was found bludgeoned to death in her Lafayette home on Oct. 15.

Fielding acknowledged warning Dyleski about the search of his room for traces of the credit card scam, but maintained that she was only concerned about the alleged fraud at that point. "Are you suggesting to us now that you were not concerned about any possible connection between your son and the murder of Pamela Vitale?" asked prosecutor Harold Jewett. "I'm not suggesting. I didn't connect it with any police activity," Fielding said.

After Dyleski was arrested in the slaying, a friend gave Fielding some of his possessions, including a box of gloves and slips of paper bearing credit card numbers and other information, which she burned. That occurred on the same day that Dyleski was arraigned on murder charges, but Fielding said she still was worried only about the credit cards. . . .

[Rte66]

Well, what a disjointed bunch of hoohaw came out of that courtroom today! Ghosts of SPolk!

All this time, I had been thinking Fred Curiel was probably the "adult" amongst this crowd, as he had always been employed and I thought he must be paying for and supporting everybody. Now I'm wondering if he has something missing upstairs.

Kim is beginning to sound like the most sensible one of the bunch. I didn't recall that she was a teacher, so that means she at least makes an effort to have her act together, in general - comparatively speaking.

I don't have any further opinions on this today, lol. Just my hoohaw statement! Thanks for posting the stories.

[SmithL]

You're welcome. I enjoy your commentary.