The case against Scott Dyleski is filled with holes and questions, and many of those questions are raised on this website. While some of the DNA issues go to the exoneration of Scott Dyleski, other DNA issues -- namely the DNA of Pamela Vitale, is damning and demands answers.
At trial, public defender Ellen Leonida did not present a framing defense to explain how the DNA of Pamela Vitale was found on items associated with Scott Dyleski. In order to do so, she would first need to present a suspect with a compelling motive to frame her client. It is unknown if Scott Dyleski ever gave her the information she would have needed to launch a full investigation into framing allegations, but one thing is certain, Scott Dyleski himself feared he could be framed.
Tuesday, October 18th, three days after Pam Vitale was murdered Scott Dyleski confessed to his housemates Fred and Kim Curiel that he had fraudulently used the credit card information of his neighbors to purchase marijuana growing equipment. Within minutes the conversation turned to Pamela Vitale.
His housemates warned him that Pamela’s house number, mistakenly used in the billing section of the fraudulent order, could connect him to the murder. It is not clear why the Curiels jumped to such a bizarre conclusion based on a billing error, or why they felt they should grill him about his whereabouts the day of the murder, essentially treating him like a murder suspect, but they did. As Scott Dyleski began to recall his day, the fact that he was actually a witness in this case began to emerge. (See Was Scott a Witness in this Case)
At that point, the logical thing to do would have been to take Scott to police, so he could report his sighting of Pamela Vitale. Police had established a tip line and were looking for any information to help solve the case. Surely this sighting was important information. Instead, he was met with disbelief by his housemates along with anger and hostility.
While the Curiels left to continue their own investigation at Robin Croen’s house, Scott and his mother stayed behind, and Scott expressed some things to his mother, including the fear that he might be framed.
Below is a portion of Esther Fielding’s sworn testimony:
Quote:MR. JEWETT:Q. What was the purpose of having him go and talk to Fred?
A. Because I was at work.
Q. Was there some urgency that this needed to be done Tuesday morning?
A. Um, we were -- we had made an appointment Monday to talk to a lawyer about the credit card fraud.
Q. So --
A. So --
Q. I'm sorry.
A. And we were going to go in on Tuesday, and I wanted him to own up to it before we talked to the lawyer.
Q. Okay. So, at some point did you return from work and meet Fred and Scott at the Hunsaker Canyon address?
A. Yes.
Q. And did he own up to it?
A. Um --
Q. Before you went to see the lawyer?
A. Yeah.
Q. Tell us, please, everything you can remember about what you said to him and what he said to you that you're characterizing as owning up to it.
A. (No response.)
Q. You got home from work?
A. Mm-hmm.
Q. And what happened?
A. We were preparing to go to the lawyer's.
Q. Yes.
A. And, um, that's when, um, he said he -- he was worried about being connected to the murder because he met somebody on the road who grabbed his arm. And we were very concerned about that and tried to get to the truth of -- of that, if that was really true. And he was worried that it might have been Pamela. And he said that's why he was denying the credit card because he was worried about it being connected to the murder, and he was worried about him being framed for the murder, and --
Q. Did he use that word, "framed"?
A. I think so.
Q. Okay.
A. I think so.
Q. And about what -- this was on Tuesday; right?
A. On Tuesday.
Q. About what time?
A. I think it was around 1:00 o'clock. I'm not sure.
Q. In the afternoon?
A. Yeah.
Q. Okay.
A. To the best of my recollection.
Q. Was Fred present at the time of this conversation?
A. Fred and -- well, that's what he had told Fred and Kim, so he had talked to them already about that. And then they were -- and then they were getting ready to go to Robin's to check Robin's computer, and so then -- I talked -- I was talking to Scott.
Q. So, you were talking to Scott as Kim and Fred were -- went over to the Croen's house?
A. Mm-hmm.
Q. Tell us everything that happened when you were talking to Scott while Fred and Kim were at the Croen's house, please. Where did this conversation take place?
A. In -- in my room.
Q. Door open or closed?
A. Probably closed.
Q. And how did the conversation begin?
A. Um, he -- he said he was really worried, um, about the -- um, his arm and being grabbed.
Q. And did you know what he was talking about when he said that?
A. Yeah.
Q. How do you know?
A. Um, he talked about DNA, and --
Q. Okay. You're in your room, you're talking to your son as Fred and Kim are going to look at Robin's computer. Do you start the conversation or does he?
A. (Shrugging).
Q. Was he in your room because you wanted him there because you wanted to talk to him?
A. We -- we talked. Um, I don't remember who -- I mean, I came home to talk to him.
Q. Okay. So, the whole purpose of you coming home to talk to him was -- was for you to talk to him; right? This idea was yours -- right? -- of having a conversation with your son?
A. I think so.
Q. So, how did you start that conversation?
A. Um, I'm not -- I'm sorry. I'm just not real good at verbatim recollection, but --
Q. It doesn't have to be verbatim.
A. I probably, um, asked him what was this about, um, this woman on the road. And so he told me more about this woman he met on the road.
Q. Okay. Now, before I ask you the question I want to, I have to ask you, when you heard about the story about the woman on the road, would it be fair to say that that was a matter of significant concern to you?
A. Yes, it was.
Q. So, would it be unreasonable for me to think that when you asked your son about his story about the woman on the road, you would remember his response pretty well, wouldn't you?
A. Um, yeah.
Q. Because that was important to you, what your son was saying about this story about the woman on the road in the context of the murder of Pamela Vitale; right?
A. Yes.
Q. So, what did he say exactly?
A. Um, he said he was, um, walking, um -- he was walking back -- um, he had taken a walk, um, on -- and he was walking back. He was on the road and, um, a woman stopped him and -- and she seemed pretty panicked and, um, she had grabbed his arm. And he couldn't remember what she said, something about -- something about, um, "I -- I can't believe this is happening," and -- and then he said he couldn't remember what else she'd said. And -- and then she took off.
Q. "I can't believe this is happening."
A. Something like that.
Q. Okay. And what did you say to him when he told you this story?
A. Um, I asked him where he was on the road and, um -- I asked him if he could remember any more and what she looked like, and did he think it was Pamela. He said he wasn't sure. He just couldn't be sure. She was -- and I asked, "What kind of car?" And he said it was a sedan of some kind, but couldn't remember what kind.
Q. He told you a color, didn't he?
A. Um, I don't remember. I don't think so.
Q. Okay. Go ahead.
A. I just remember sedan. And, um -- and then, um, I said, " Well, this sounds like an odd story."
Q. Did you say that to him?
A. Yeah.
Q. And how did he respond?
A. And he said, "But it happened" . And I said, "Well, sometimes, um -- sometimes things that really happen are hard to believe."
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