by hmm » Wed Dec 14, 2005 2:32 pm
oops.forgot this in my previous post.<br>this attorney makes the case for reasonable doubt and takes a look at horowitz's behaviour since the murder and how that could be used by dyleski's defense.<br>i would like to point out that this article was written before details of the autopsy report were publicised,it was rumoured vitale was only wearing briefs and a t-shirt,in the autopsy report it states she was wearing a skirt aswell.The first part of the article leans heavily on reports of vitale's state of dress to suggest the killer most likely knew vitale.<br><br><!--EZCODE AUTOLINK START--><a href="http://writ.news.findlaw.com/commentary/20051024_spilbor.html">writ.news.findlaw.com/com...ilbor.html</a><!--EZCODE AUTOLINK END--><br><br><!--EZCODE QUOTE START--><blockquote><strong><em>Quote:</em></strong><hr>The Murder of Pamela Vitale, Famed Defense Attorney Daniel Horowitz's Wife:<br>Though a Suspect is Now in Custody, He May Get Off on A Reasonable Doubt Defense<br><br>By JONNA M. SPILBOR<br>----<br>Monday, Oct. 24, 2005<br><br>~snip~<br>How a Skilled Defender Could Raise Reasonable Doubt With Respect to Dyleski<br><br>How might a talented defense attorney suggest that Horowitz, not Dyleski, could have been the killer - or, at least, that Horowitz's possible guilt was never sufficiently considered, to eliminate reasonable doubt?<br><br>Easily. The attorney would start with the suggestion that police gave Horowitz preferential treatment. Police allowed Horowitz to sit in the "juvenile room" at the police station, not a standard interrogation room. And at one point, when Horowitz had to use the restroom, he was allowed to wash his hands - but were they examined for possible evidence first? It seems not - meaning crucial evidence might literally have gone down the drain.<br><br>Finally, there is no evidence that police asked Horowitz to take a lie detector test, as is often standard procedure in murder investigations involving a spouse.<br><br>And then, in addition to the suggestion of preferential treatment by the police, there is Horowitz's own odd behavior - which he himself described in interviews. (In the hours and days following Vitale's murder, Horowitz seemed to be an ever-present staple on some of the heavier- hitting legal talk shows.)<br><br>Horowitz said that he touched his deceased wife's neck at least twice, and spent time at the scene holding her and telling her she was beautiful. Grief takes strange forms, but<br><br>Horowitz's actions may have tainted the crime scene. If so, that might raise reasonable doubt. What if Dyleski's prints aren't found on Vitale's body, but Horowitz's are? In the absence of DNA evidence, that fact alone might get Dyleski acquitted.<br><br>Horowitz held his wife for a long time -- rather than searching the trailer home and adjoining construction site for her killer. Did that suggest that he knew the perpetrator wasn't in the house or nearby?<br><br>Moreover, Horowitz did not immediately alert the police. Rather, he says, he started to call 911, threw the phone down, and shortly afterward, dialed the non-emergency police number.<br><br>A sharp defense lawyer will make much hay with facts like these. How could he know there was no longer an emergency, unless he knew that he himself was the perpetrator and thus the perpetrator was not at large? How could one dial the non-emergency police number if one knew a Satanic ritual killer was at large?<br><br>Why Horowitz Should Have Cooperated, But Not Gone on Television<br><br>Horowitz's opting to go on talk shows may also, in itself, alienate jurors. Jurors expect bereaved spouses to cooperate with police to the greatest extent possible; Scott Peterson's seeming failure to do so was held against him. But Horowitz went far beyond cooperation. Jurors who would have kept their own grief more private, may distrust him for sharing his with the public.<br><br>Essentially, the talented defense attorney Daniel Horowitz, in the days that have passed since his wife's horrible death, did everything a defense lawyer tells his own clients not to do!<br><br>He talked. And talked. And went on television. And did so without a lawyer by his side. <hr></blockquote><!--EZCODE QUOTE END--> <p></p><i></i>