According to testimony from officer Shawn Pate:
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A. Mr. Horowitz stated that the TV had actually been pushed all the way against the wall preventing anyone from going into the doorway, into the back bedroom.
Q. And did he say whether or not that was a normal position for the TV to be in?
A. No. He said it was not a normal position to be in and he also, I believe, stated it was a heavy television, that it must have happened during the struggle.
Q. In fact, did you -- at some point you were inside the Horowitz residence before you interviewed Mr. Horowitz; is that true?
A. Yes, sir, I was.
Q. If the television was in the position that Mr. Horowitz indicated it was in when he first entered, that essentially blocks access to the master bedroom; is that also true?
A. Completely.
Q. Did you ask Mr. Horowitz any questions about firearms and whether or not there were any firearms in the house that Pamela would have access to?
A. We did talk about firearms.
Q. And what did he say about that subject in particular?
A. Mr. Horowitz said that they had a couple handguns, they were in a drawer, I believe, a fixed drawer underneath the bed. He stated that Pamela has used them in the past, or has drawn down in the past, or drawn them in the past, I believe were the exact words he used. Mr. Horowitz stated that if she felt threatened by the presence of somebody, that she would not have hesitated to pull these firearms from within. |
What is also interesting is that the entertainment center and TV did not have any blood contact stains or bloody prints. Take note of the criminalist Alex Taflya's testimony:
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Q. Was there a substantial amount of blood on those eyeglasses?
A. Yes.
Q. But they -- would it be fair to characterize their position on the TV set as being neatly folded?
A. Yes.
Q. Now, there were a -- were there a number of other items on the television set, also?
A. Yes, there were.
Q. Were they kind of a variety of different items, kind of stacked up in various ways?
A. I believe it was a -- all kinds of audiovisual, probably stereo, VCR items, like that.
Q. Tapes, things like that?
A. I believe so.
Q. Were any of those knocked over, disturbed or blood-stained that you observed?
A. No. |
Under the prosecution's theory, Scott surprised Pamela with a blitz attack. If that is true, when did Scott Dyleski, or Pam Vitale have time to move the entertainment center? During and after the attack, one would expect blood on his hands and clothes, as well as on Pamela. Yet no blood was found on the TV or the entertainment center. For Scott Dyleski to have moved the TV after the attack with no gloves, one would expect prints. It also remains a mystery why Scott Dyleski or Pam would move the unit in the first place.
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