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Writer, private investigator questions investigation, prosecution in 15-year-old murder of Lafayette woman

November 21, 2020 By Publisher 12 Comments

She was the wife of a famous attorney; writer claims neighbor was falsely accused and wrongly convicted, case should be investigated by DA’s Conviction Integrity Unit

Dear Editor:

Fifteen years ago, Lafayette resident Pamela Vitale was repeatedly and savagely bludgeoned, and stabbed numerous times within her home by those responsible for her violent death. I believe, and am of the opinion, that it was an incomplete, flawed, inadequate, and unfortunately misdirected investigation(s), initial defenses and prosecution. In the investigations’ haste the neighborhood’s poor teenager, Scott Dyleski, was quickly and questionably focused on as being the responsible party, to the exclusion of any others, even though law enforcement’s own leads and evidence suggested someone else, perhaps even two others, was/were responsible for her brutal death.

Vitale was the wife of famed attorney David Horowitz and friend of television host and legal commentator, Nancy Grace, who ran an episode about the case during a TV show, last year. Horowitz was an early suspect in the murder.

It is my opinion and belief that this murder case, with some notoriety involved, was where much investigative evidence was ignored and/or discounted in order to quickly bring someone forward as the responsible before the numerous news media and press that had pounced on the case. Scott Dyleski unfortunately was brought before the public and prosecuted as the responsible!

Years ago, I was hired by Scott Dyleski’s two appeals attorneys for the purposes of assisting them in their representation of Scott Dyleski’s conviction appeals and defense. it was my impression then, and still is, that the killing of Pamela Vitale was a personal rage type of murder by one who closely interacted with and knew her.

This very brief summary position is of my case analysis, evidence, investigation, opinion and beliefs, concerning the then investigations, defense and prosecution of the quickly suspected, accused, and I believe wrongly convicted Scott Dyleski in the vicious murder of Pamela Vitale. Scott Dyleski has been incarcerated for 15 years for a crime that he is seriously believed to NOT have committed, with the responsible(s) having yet to be clearly identified by law enforcement, held accountable, or brought to justice.

There’s so much that the case suggests and points to as to the sequence of events that fateful day. One significant part is, I truly believe, based upon the information and evidence, that the brutal victimization of Pamela Vitale was not a single continuation of events. No, the evidence points to there having been separate phases that ultimately led to her violent and savage unwarranted death. This I say with my own 50-plus years of hands-on public safety investigative training and experiences, which includes numerous Homicide investigations. I have been a state certified Homicide Investigator since 1980.

The Contra Costa County District Attorney’s Office reported in June 2019 that it had established the Conviction Integrity Unit to review cases where it’s suspected that someone may have been convicted of a crime that they did not commit. I quickly submitted a request in writing to the D.A.’s unit and to the Public Defender’s Office over a year ago. I haven’t heard from them since. This case definitely cries out for such reopening and renewed investigation of the case, including both the defense’s and prosecution’s involvements. I believe, and am of the opinion, that it was a serious injustice and unfortunately misdirected case investigation(s), his defense and prosecution.

It is my opinion and belief that this case cries out for a full and proper reopening and re-investigation of the case, including the activities of the police, the defense’s and the prosecution’s involvements. Not only is Scott Dyleski the loser in all of this but so is the foundation of our society wherein we all are entitled to a just and equal expectation of a fair, complete, and unbiased administration of Justice. Pamela Vitale’s death and Scott Dyleski deserve real Justice!

Your assistance in demanding such from the D.A.’s Office and Public Defender’s Office is more than warranted. Fifteen years of Scott’s young life has already been denied him and he still faces many more if this very serious matter is again just ignored by all. Her murder deserves that the whole truth is determined, not ignored! And those really responsible should be brought to justice!

Ralph A. Hernandez

Antioch

 

Filed Under: Crime, District Attorney, Lamorinda, Letters to the Editor, Opinion, Police

Jury convicts Martinez man, youth soccer coach for attempting to meet minor for sex

September 29, 2020 By Publisher Leave a Comment

Former Lamorinda Soccer Club coach actually set up meeting with undercover cop

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County

On September 28, 2020, after a three-day trial, a jury in Contra Costa County convicted 29-year-old Martinez resident Alejandro Sanchez for attempting to meet who he thought was an underage girl for sex. The jury found Sanchez guilty of three felonies including arranging to meet a minor for a lewd purpose, communicating with a minor for a sexual purpose and attempted lewd acts with a child.

Immediately following the reading of the verdicts, Sanchez was remanded into the custody of the Contra Costa County Sheriff to await sentencing, which is scheduled for November 6, in front of the Honorable Rebecca Hardie. Deputy District Attorney Jessica Murad prosecuted the case on behalf of our Office. DDA Murad is assigned to the Sexual Assault Unit.

Sanchez faces a maximum penalty of four years in state prison, fines and sex offender registration. Sanchez is a former youth soccer coach for the Lamorinda Soccer Club.

The investigation started in January 2019, when Sanchez used a social media app to contact a female. The female told Sanchez she was only 14-year-old and a freshman in high school. After the pair chatted for one day, they agreed to meet in-person. On January 4, 2019, Investigators with the Internet Crimes Against Children Task Force went to a local park in Martinez that was the agreed upon meeting location and arrested Sanchez. Sanchez was arrested after he arrived at the location.

During the conversation with the minor, Sanchez complimented the minor and stated that “we need to cuddle then” and “you have a nice body” to her. During the course of the conversation, Sanchez made repeated remarks about the undercover officer’s physical appearance and expressed a desire to engage in sexual acts at his home alone with the underage girl.

The evidence presented at trial overwhelmingly showed Sanchez should have reasonably known that he was communicating with a minor and as a soccer coach and mandated reporter, he had sufficient facts to believe the person he was talking to was a minor.

The investigation was conducted by a multi-agency Internet Crimes Against Children Task Force, which is managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Martinez, San Ramon, Concord and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, the Contra Costa County Probation Department, and Inspectors from the Contra Costa County District Attorney’s Office participate in the task force.

Parents are encouraged to discuss online safety with their children and can visit the website www.kidsmartz.org or our website for further information.

The charges against Sanchez are as follows:

  • Count 1, Contact with Minor for Sexual Offense, Felony
  • Count 2, Meeting with a Minor for Lewd Purposes, Felony
  • Count 3, Attempted Lewd Act Upon a Child, Felony

Case information: People v. Alejandro Sanchez, Docket Number 05-191927-3

Filed Under: Central County, Crime, District Attorney, Lamorinda, News

Orinda armed robbery suspect with criminal history arrested in Texas

August 29, 2020 By Publisher Leave a Comment

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

All three suspects involved in an armed robbery that occurred on July 25, 2020 in Orinda have been arrested.

The robbery occurred on Fallen Leaf Terrace in Orinda at about 2 PM when armed suspects approached a resident as he was unloading his vehicle in his driveway. The suspects fled with personal property.

Orinda police detectives, working with other law enforcement agencies, were able to identify the three suspects involved in the robbery. They were apparently suspects in other crimes committed in the East Bay.

Two of them were arrested late last month by Piedmont and Berkeley Police. The two agencies were serving search and arrest warrants at an Oakland home for crimes that occurred in their jurisdictions. The two are identified as 23-year-old Shane Downs and 25-year-old John Downs, both of Oakland.

The third suspect wanted by Orinda police was taken into custody on Tuesday, August 25, 2020, in Plano, Texas. He is identified as 25-year-old Demaria Leanthony Adger of Oakland. He remains in custody in Collin County and is pending extradition back to Contra Costa County.

Orinda detectives continue to investigate the incident.

Adger has a criminal history with multiple arrests dating back to 2014 in Oakland, Berkeley, Alameda County, San Joaquin County, and Sonoma County. (See graphic below)

From localcrimenews.com.

Anyone with any information on this incident is asked to contact Sergeant S. Valkanoff of the Orinda Police Department at (925) 253-4217. For any tips, please email: tips@so.cccounty.us or call 866-846-3592 to leave an anonymous voice message.

Allen Payton contributed to this report.

Filed Under: Crime, Lamorinda, News, Sheriff

Boy on bike struck by delivery vehicle in fatal Lafayette collision Wednesday

July 28, 2020 By Publisher Leave a Comment

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

This afternoon at about 12:48 PM, the Lafayette Police Department was advised of a collision between a pedestrian and vehicle on the 500 block of Merriewood Drive in Lafayette. Officers arrived on scene and immediately began rendering medical aid to the juvenile victim. The 10-year-old boy was transported to a local hospital where he was later pronounced deceased. He is not being identified at this time.

The investigation into this collision which apparently involved the boy who was on a bicycle and a delivery vehicle is ongoing. The driver of the vehicle has been cooperating with police and has been interviewed.

The Lafayette Police Department is asking anyone with information on this collision to contact detectives at (925) 283-3680 or (925) 299-3234 or email Sergeant Rossberg at tross@so.cccounty.us. Tips could also be emailed to the Lafayette Police Department at: 94549TIP@gmail.com.

Filed Under: Lamorinda, News, Police

Former treasurer of Moraga Community Foundation charged with fraud

June 18, 2020 By Publisher Leave a Comment

More than $250,000 in Unauthorized Withdrawals From the Foundation’s Bank Accounts

OAKLAND – Francis Robert Fritzky, the former treasurer of the Moraga Community Foundation was charged yesterday with wire fraud and filing a false tax return, announced United States Attorney David L. Anderson and IRS Criminal Investigation Special Agent in Charge Kareem Carter.

According to an information filed with the court, from at least June 2016 through July 2019, Fritzky was the treasurer of the Moraga Community Foundation (the Foundation) and also on the Foundation’s board of directors.  According to the Foundation’s bylaws, the board members and officers were not entitled to compensation or a salary for their services as board members and/or officers.  As treasurer, Fritzky was responsible for maintaining and keeping records of the Foundation’s bank accounts, funds, assets, and liabilities.  He also had signatory authority on the Foundation’s bank accounts and had access to the money contained within those bank accounts. According to the information, from June 23, 2016, and continuing through July 24, 2019, Fritzky allegedly made unauthorized withdrawals of more than $250,000 from the Foundation’s bank accounts to himself, to a company in which he held majority ownership interest, and to a foundation he founded and controlled.  He also allegedly provided false financial reports to the Foundation’s board of directors.  For example, Fritzky represented that the ending balance for one of the Foundation’s funds in December 2018 was more than $108,000 and that the ending balance of the other fund was more than $37,000 when the combined balances for both funds was allegedly less than $2,000.  Court documents further allege that Fritzky filed IRS Form 990-EZ, Return of Organization Exempt From Income Tax, for the Foundation, falsely reporting that the Foundation’s “Cash, savings and investments” at the end of the year was $111,275, when in fact it was less than that amount.

Fritzky was charged with wire fraud and aiding and abetting, in violation of 18 U.S.C. §§ 1343, 2 and making and subscribing a false tax return, in violation of 26 U.S.C. § 7206(1)(a).  The maximum statutory penalty for wire fraud is twenty years in prison and a fine of $250,000.  The maximum statutory penalty for making and subscribing a false tax return is three years in prison and a fine of $250,000. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The charges contained in the information are mere allegations.  As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.

Frtizky’s first court appearance in this matter has yet to be scheduled.

The case is being prosecuted by the Special Prosecutions Section of the U.S. Attorney’s Office.  The prosecution is the result of an investigation by the Moraga Police Department and IRS Criminal Investigation.

 

Filed Under: Crime, Lamorinda, News, U S Attorney

Orinda attorney Gina Dashman appointed Contra Costa Superior Court Commissioner

May 11, 2020 By Publisher 1 Comment

By Matt Malone, Public Information Officer, Superior Court of California, Contra Costa County

Gina Dashman. From her LinkedIn profile.

The Court is very pleased to announce the appointment of Gina Dashman as Commissioner. Commissioner Dashman will preside over Department 57, handling traffic, unlawful detainer, small claims, and restraining order matters with morning calendars at the Pittsburg courthouse and afternoon calendars at the Wakefield Taylor courthouse in Martinez. Commissioner Dashman assumed her role effective April 27, 2020.

The 60-year-old Orinda resident is an experienced and accomplished lawyer who, prior to her appointment, was an equity partner at Haapala, Thompson & Abern LLP since 2014, where she had also been an associate since 2009. Previously, she was of counsel at Stein, Rudser, Cohen & Magid from 2002-2009, an associate and partner at Buresh, Kaplan, Jang & Feller from 1988-2002, and an associate at Epstein, Becker & Green from 1986-1988.

Dashman served as President of Women Lawyers of Alameda County from 2018-2019 and on the Board of Directors of the Contra Costa County Bar Association from 2018-2020. She earned her Juris Doctor degree from George Washington University School of Law in 1986 and her Bachelor of Arts degree from U.C. Berkeley in 1983.

According to her LinkedIn profile, Dashman is also a published author of Neighbor Disputes-Law and Litigation, and United States Corporate Disinvestment from South Africa: The Financial Rand and Exchange Control.

Allen Payton contributed to this report.

Filed Under: Central County, Lamorinda, Legal, News

Critical rail replacement coming at Orinda BART Station; first track shutdown weekend May 9-10

May 1, 2020 By Publisher Leave a Comment

BART is moving forward with a track replacement project near the Orinda Station, which will require five weekend track shutdowns between the Lafayette and Rockridge stations.  Preliminary work is already underway on the effort to replace critical track components that in many cases date back to when BART first started service on its main Contra Costa line in 1973. This replacement effort has been designated as an essential public works project per the region’s public health orders issued in response to the coronavirus.  The project is being conducted for the safety of BART passengers and employees.

The shutdown weekends are May 9-10, May 23-25 (Memorial Day weekend), June 6-7, June 20-21, and July 4-5.  Free buses will replace trains on those weekends and riders should expect delays of 20-25 minutes.

BART closely examined the possibility of moving up the track shutdown weekends to minimize impacts to the public.  However, it was determined this wasn’t possible because BART couldn’t acquire needed materials for the project ahead of schedule. BART is prioritizing the safety of its workers and contractors by following social distancing guidelines for all critical infrastructure projects that are allowed to proceed under state and regional stay-at-home orders.

The work will require temporary, late night and early morning lane closures of Highway 24 in Orinda to make way for construction equipment.  Periodic overnight lane closures in Orinda begin in mid-April. These overnight lane closures will involve no more than two lanes and are expected to have minimal impact on Highway 24 drivers.  Unlike similar work completed last year in Lafayette, this project will NOT require weekend daytime lane closures on Highway 24.

BART crews will work around-the-clock on shutdown weekends to replace critical railway components.

Project highlights include:

  • Replacing four track switches that are at the end of their useful lives. These are large track components that can measure up to 200 feet in length and allow trains to move from line to line.
  • Installing approximately 3,000 feet of new rail.
  • Replacing approximately 300 badly worn wooden ties with longer-lasting, concrete ones.
  • Replacing 600 to 800 tons of rock ballast, which is essential for stabilizing the rail.

Many of the components being replaced are more than 40 years-old and have reached the end of their design life.  Once the project is complete BART customers will experience a more comfortable ride and trains will be quieter for riders and neighbors.

BART making gains on capital work during the stay-at-home order

While BART was unable to accelerate the timeline of this project, the agency is continuing work to improve the system and rebuild aging infrastructure.

Extremely low ridership and the new 9 pm service closure are allowing new opportunities for progress on capital projects.  Several projects are being advanced during this period including the 19th Street Station Modernization, El Cerrito Del Norte Station Modernization, Rail Grinding, Rail Replacement, and Transbay Tube Cathodic Protection.

Capital projects are not paid for by operating funds, which means the huge revenue loss from the ridership decline isn’t delaying infrastructure work.  Many capital projects are supported by Measure RR, which was approved by BART District voters in 2016.  The bond measure provides BART with $3.5 billion in funding for infrastructure work. The rail replacement project near the Orinda Station is funded by RR.

Track revitalization to begin this summer in Hayward

A second major track replacement project is scheduled to begin this summer on the weekend of July 18-19 near the Hayward Station.  The work is expected to require five weekend track shutdowns between the Bay Fair and South Hayward stations.  Free buses will replace trains on those weekends and riders can expect delays of 20-40 minutes.  The track shutdown weekends are scheduled to be July 18-19, August 1-2, August 22-23, September 5-7 (Labor Day weekend), and September 19-20.  More details will be announced closer to the start of work.

Filed Under: BART, Lamorinda, News

Orinda home, car burn in early morning 2-alarm fire Sunday

April 12, 2020 By Publisher Leave a Comment

Orinda home and car burn early Sunday morning. The burning car rolled down the driveway and into the firetruck. By MOFD.

By Moraga-Orinda Fire Department

Moraga-Orinda Fire District crews responded to a fully involved structure fire off Arroyo Drive in Orinda early this morning. The fire grew to a second alarm before being contained. The fire attack was complicated by a burning car that rolled down the driveway and into the MOFD fire engine.

No residents or responders were injured, and the cause of the fire is under investigation.

Filed Under: Fire, Lamorinda, News

Campolindo boys’ basketball beats De La Salle to be NorCal champions but state championship game cancelled due to coronavirus concerns

March 13, 2020 By Publisher Leave a Comment

The 2019-20 Campolindo Boys’ Varsity Basketball Team. Photo from Campolindo High Athletics.

First time CIF basketball championships were cancelled

By Allen Payton

The Campolindo Cougars of Moraga made it to the state championship game scheduled for tonight, Friday, March 13, 2020, by beating De Le Salle in the NorCal Division 1 championship game 54-49 Tuesday night. (See game video highlights here) But in response to concerns over the coronavirus, on Thursday morning the California Interscholastic Federation (CIF) cancelled the 12 state championship games and one Northern California Open semifinal game. That includes the Division 1 game between the number 7 ranked Campolindo and the number 8 ranked Ribet Academy Fighting Frogs of Los Angeles.

Campolindo ended the season unbeaten in league at 12-0 and with an overall record of 26-6. Ribet finished with a 30-3 overall record and 7-1 in league.

In the CIF news release announcing the cancellations, it states:

“Effective Immediately – The California Interscholastic Federation (‘CIF’) has canceled all remaining CIF State Basketball Championship games. This includes regional finals scheduled for March 12, 2020, and the CIF State finals scheduled for March 13-14, 2020 at Golden 1 Center in Sacramento. This decision was made after careful deliberation and in the primary interest of protecting the health and safety of our member schools, fans, and most importantly, our student-athletes. While we understand this decision is disappointing, we strongly believe that the opportunity to compete in this event does not outweigh our obligation to place the health and safety of our member schools and school communities above all else.

We want to recognize the hard work and commitment our student-athletes have made to reach the State Basketball Championships. The impact of COVID-19 created many unexpected challenges during this year’s tournament season, and we want to thank everyone involved for their flexibility, patience, and commitment in providing our student-athletes a great experience despite this unique situation.

For those that have already purchased tickets for the March 13-14, 2020 games at Golden 1 Center, refunds will be made available at the original point of purchase. If tickets were purchased online via ticketmaster.com, refunds will be processed automatically.

Ron Nocetti

CIF Executive Director

According to Cal-Hi Sports, this was the first time the state basketball championships have been cancelled since the competition begin 1981.

“This is not the first time that the CIF has had to cancel a state championship event, but it’s the first time since World War II. The only CIF state finals in those days was the CIF state track meet and it was not held because of the war for 1942 through 1945. The worldwide flu epidemic in the late 1910s also caused the CIF not to conduct regional football championships in 1918 as well as the 1919 state championships in basketball. Those early years of the CIF state basketball championships began in 1916 and were halted in 1928.

There also was great disruption to the 2018 CIF state football championships due to an outside force, but it was due to the natural disaster in Northern California known as the Camp Fire and the immense amount of smoke it generated that stayed locked near the ground for several weeks. In that case, the CIF moved its state football finals back one week, but no championship games were cancelled.”

An attempt to reach Campolindo Coach Steven Dyer for comment was unsuccessful before publication. Please check back later for updates to this report.

Filed Under: Lamorinda, News, Sports, Youth

Police arrest suspect connected to bank robberies in Contra Costa County

February 21, 2020 By Publisher Leave a Comment

Bank robbery suspect Brendan Gray. Photo by CCCSheriff.

Alamo resident

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

On Thursday, February 20, 2020, at about 3:35 PM, Lafayette and Walnut Creek Police arrested 41-year-old Brendan Gray at his home in Alamo. Gray is a suspect in a series of recent bank robberies that occurred in Contra Costa County.

On February 19, 2020, at about 3:46 PM, a bank robbery happened at the Wells Fargo Bank on the 3600 block of Mt. Diablo Boulevard in Lafayette. During the investigation, Detectives determined that robbery was connected to one that occurred at the Wells Fargo Bank on Moraga Way in Orinda on February 12, 2020, and at a Wells Fargo Bank in Walnut Creek on February 1, 2020.

Lafayette Police Detectives, assisted by Danville Police, Contra Costa County Office of the Sheriff, and Walnut Creek Police were able to identify a suspect vehicle and identify Brendan Gray as the suspect in the robberies.

An arrest warrant was obtained and with the assistance of Walnut Creek PD, Gray was taken into custody without incident. Gray was booked into the Martinez Detention Facility on three counts of first degree robbery. He is being held in lieu of $300,000 bail.

The Lafayette Police Department is asking anyone with additional information regarding these cases to contact Detectives at (925) 283-3680 or (925) 299-3234 or email Sergeant Rossberg at tross@so.cccounty.us. Tips could also be emailed to the Lafayette Police Department at: 94549TIP@gmail.com

Filed Under: Central County, Crime, Lamorinda, News, Police

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