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What Happened to Pamela?

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The Witness

Lead Detective Lies

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The Dog Trail

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Dogs Don't Lie

Contra Costa County K-9 unit track dog Freddy
Deputy Robert Roberts and "Freddy"


Deputy Roberts joined the Sheriff's Office in August of 1995. In Detention, he worked the Main Detention Facility and West County Detention Facility. In 1998 Bob transferred to the Patrol Division where he was assigned to the contract Town of Danville and the City of Oakley. Bob is also a Field Training Officer.

Deputy Roberts was united with his partner "Freddy" in June of 2002. Freddy was born in Czechoslovakia on April 17, 2000. This handsome German Shepherd was selected and brought to Adlerhorst International Inc. by Dave Reaver. Bob and Freddy completed an intense four week training program through Moore K-9 Services and received their Peace Officer Standards and Training Certificate on August 8, 2002. Source


Freddy was given a piece of evidence to scent at 7:30 in the morning, the day after Pam was murdered. He scented the evidence at the crime scene, and then led detectives straight to Gerald Wheeler's cabin and to the bathroom, where clothing was soaking in red tinged water. Later that day, cadaver canines alerted in that same bathroom.

At the Skelton Hearing, Detective Shawn Pate described where Freddy tracked to Judge Kolin:

Quote:
The first occasion we used a Contra Costs Sheriff's canine dog. We utilized the pot believing it to be the most recent murder weapon. That pot was placed into a bag. The dog basically smelled the bag, collected the scent and immediately went on to a track.
 
That dog left that front door area where Ms. Vitale was found, came around the back deck, circled around the south side of the main house that was being costructed, came around to the north side, alearted at a gate that had been installed in the fence that divides the four-acre parcel that Mr. Horowitz had purchased, then went down and traversed the hillside.
 
Deputy Roberts described the track as following along the area that was obvious to him somebody had traveled recently due to displaced leaves, grass pushed down, small slide areas as the elevation would increase.
 
We followed that track into an area that was too thick for the dogs. We then brought him around to a trailer, actually a little cabin that sits above a trailer, tilt-wheel trailer. The dog began to alert somewhere in the area here and to that house. Then the dog pretty much lost its scent in that area.


Why public defender Ellen Leonida wanted that evidence excluded is not clear. It's obvious Freddy did not follow the alleged blood trail of Scott Dyleski. If Scott Dyleski left the Vitale home in bloody shoes, as the prosecution contends, then one would expect a trained canine, who was scented properly at the scene within a short period of time to follow that blood trail. 

Concerning Gerald Wheeler, Ellen Leonida also had this to say in court:

I did not bring in the dog trail that led to  Mr. Wheeler's house; I didn't bring in the fact that there was,  I think, a picture of Pamela Vitale found in his sink; that  Mr. Lynch when questioned by officers initially said, "Did something happen to Pamela," before there was any information about what had happened on October 15; all of that information, I did not bring up.

I have not in this case sought to introduce evidence of anything that was found in Mr. Wheeler's house, evidence that he failed a polygraph test or a -- (interruption by Jewett) -- Evidence of his behavior, I'm not seeking to introduce that.

The jury did not hear the above information




To read Public Defender Ellen Leonida's motion to exclude the dog evidence, as well as the State's response, click below.


Document
Motion to exclude dog tracking evidence
Document
People's response to exclude dog tracking evidence

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