Contra Costa Herald

News Of By and For The People of Contra Costa County, California

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

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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

 

Writers says Fernando Sandoval running for college board is an inspiring candidate and breath of fresh air

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Dear Editor:

Daniel Borenstein, in his editorial, endorsed candidate Fernando Sandoval for Contra Costa Community College Board of Trustees Ward 5. But he has left out very important assets and characteristics of Mr. Sandoval that I would like to mention for those who would like to hear of his good character and important background that he would bring to the college board which I have found to be very inspiring.

As a person of color, I’m excited to know that we have a chance to elect Mr. Sandoval who will bring equity, diversity and inclusion to everyone entering their first year of upper education in addition to faculty and staff. Mr. Sandoval’s priority will be to keep first year students engaged and motivated to move on to either universities or well-paying skilled jobs. I have worked on community education projects with Mr. Sandoval where he has displayed his motivation, passion, sensitivity, and creativity to work with youth or those wanting to go back to school to improve their jobs and careers.

He has also recently written a book that inspires those to move on and improve their lives. He has spoken on identity, motivation and achievement to young students using his book as his historical journey. He also provides this book as a gift to others. I am a retired person now and I was even inspired by his book.

In addition to his passion for education, Mr. Sandoval also has a 25-year career in information technology and finance consulting with worldwide banking institutions and research corporations providing management strategies and budgeting models for economic recovery.

With this background, Mr. Sandoval will increase fiscal accountability and transparency to manage District funding that will support our taxpayers’ investment in our community colleges.

With Mr. Sandoval’s background, he has inspired many of us to support him including Faculty and Classified Professionals including over 40 Community Educators and Leaders and many elected officials. These important individuals are gravely disappointed in the incumbent and are looking to replace him with all that Mr. Sandoval offers; finding a breath of fresh air, commitment and inspiration with Mr. Fernando Sandoval.

Linda Olvera

Martinez

 

Writer asks candidate for Brentwood City Council, Jovita Mendoza if she’s not self-funding her campaign but spending ‘borrowed’ money from creditors she never paid back

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Judgment against Michael W. Kleeman and Jovita Mendoza from Ford Wholesale Co., Inc. of San Jose for $100,390.86 dated Oct. 16, 2007. Provided by letter writer.

Dear Editor:

Jovita Mendez is running for Brentwood City Council in District 1 and bragging about self-funding her campaign.  That’s easy to do and say when you don’t pay your bills and you’re spending your creditor’s money. That’s because Jovita and her husband appear to have a judgement against them for over $100,000 from Ford Wholesale Co., Inc. of San Jose dating back to 2007.

In addition, she has judgements against her from Discover Bank beginning in 2009 for $13,590.60, with recent court records from late 2019 and early 2020, that appear to indicate the money Jovita took from them hasn’t been paid back.  Additionally, court records show Jovita defaulted on a debt with Capital One in 2011.

Court records for Jovita Mendoza Discover complaint for $13,590.60 dated Feb. 17, 2010 and completed Feb. 25, 2020. Provided by letter writer.

Here’s the question, did Jovita ever pay those creditors back?  If not, she’s spending their money on her campaign to try to get elected!

Yet, Jovita has the audacity and gall to attack other candidates for accepting campaign contributions from people, companies or organizations she doesn’t like. How hypocritical.

Court record of Jovita Mendoza default on Capital One complaint dated June 8, 2011 and dismissed on Aug. 29, 2012. Provided by letter writer.

The voters should reject Jovita Mendoza for Brentwood City Council.  How can we trust that she will “be a good Steward” of our community and handle our tax dollars correctly, when she “appropriates” money from her creditors, avoids paying it back for years (possibly more than a decade!), uses “their money” to promote herself for city council and can’t handle her own personal finances?

Sincerely,

Leila Hauck

Brentwood

Please see above the proof of my claims and click here to see the judgments against Jovita on the Contra Costa Superior Court website.

 

Letters: Writer wants change, new community college board member for Ward 5

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Editor:

Ward 5 of the Community College Board needs change – Enholm must go!

Ward 5 of the Contra Costa Community College District, including Bay Point, Pittsburg, Antioch, Brentwood, Oakley, Knightsen and Bethel Island, is badly in need of new leadership. The current Trustee for this area, Greg Enholm, has engaged in poor decisions, erratic behavior, and unethical acts that have not served the District, Los Medanos College in particular, very well.

This is not new, but enough is enough.

When the Board of Trustees approved in a 4-1 vote the building of the new Campus located in Brentwood, on donated land, with an approved Bond Measure E in 2014, Enholm continued to oppose its construction. An alternative site would have taken years for approval adding costs for acquisition of land and increased taxes. The new campus was needed as the existing leased building in a retail district of Brentwood was over-capacity. In 2016 Enholm also recommended the residents of the nearby Trilogy community sue the District to keep its construction at bay.

This opposition caused numerous delays, added hundreds of thousands of dollars to the cost due to litigation, and for a time imperiled the use of the approved Bond as expenditures needed to begin within an approved time. Covid-19 has impacted its opening, but the students will be served well by this new educational facility.

Especially troubling has been allegations of multiple ethics violations by Enholm that have recently come to light. He has not denied the allegations. The allegations were found to be true by an investigator of the District which included inappropriately trying to get a friend re-classified to be considered for a top-level position as well as ghost-writing an email to the District. As part of the investigation it was noted that Enholm went directly to the Chancellor to ask him to reconsider his friend for the position even though the person was already deemed to be unqualified for the position.

Of late, with the District facing challenges due to COVID-19, he also voted to terminate upper-level district managers, ignoring numerous requests from faculty and classified staff to reconsider that decision. Enholm has stopped listening to the faculty, staff, and his constituents and has engaged in recent actions that have put our District’s financial future at risk.

It is time for new leadership on the Contra Costa Community College District Board: Elect Fernando Sandoval.

Valerie T Lopez

Pittsburg

 

Writer claims Brentwood Council candidate misrepresents facts about her councilmember opponent

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Dear Editor

I find it interesting that Jovita Mendoza routinely misrepresents Councilmember Claudette Staton’s positions on the important issues in our neighborhood.

Councilmember Staton voted, along with all the other council members, to put Measure L on the ballot to let the voters decide whether or not to proceed with the development and I think Ms. Mendoza would be happy that the voters rejected the development.

Ms. Mendoza knows – because she received an opinion on it – that per the California Political Reform Act, Councilmember Staton has to recuse herself from deliberations and votes on the proposed oil and gas drilling and the Bridal Gate development and recent zoning decisions. Bridal Gate will come before the Council in Feb. 2021.

Councilwoman Staton, as a private citizen, has stated that she is opposed to the oil and gas drilling.

If Ms. Mendoza continues to misrepresent facts how can we trust her on council?

JoAnn Klement

Brentwood

Writer disagrees with Op-Ed on Prop 15 – Schools and Communities Funding Act of 2020

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Dear Editor:

I am writing in response to the recent Op Ed by Jon Coupal and Ernest Dronenberg about Prop 15, the Schools and Communities Funding Act of 2020. Prop 15 will, in fact, preserve all the protections that the 1978 Prop 13 provided to homeowners. And Prop 15 will preserve those property tax protections for Homeowners, Renters, Agricultural properties, and Small Business owners. Prop 15 will only reassess large commercial properties, currently assessed at over $3 million. The rest of the country regularly reassesses commercial properties. I’m sure our county assessors are capable of this work as they did it for many years before 1978.

Mr. Coupal and Mr. Dronenberg did not mention that Prop 15 will close a loophole that presently allows commercial properties to change ownership without being reassessed at their purchase price. When we homeowners purchase property, we have no such avoidance loophole. This loophole has allowed commercial properties to go under-assessed for many years. When this loophole is closed and reassessments are in place, Prop 15 will bring an annual revenue of an estimated $350 million to Contra Costa County.

This is money, that before 1978, the county collected almost equally from homeowners and commercial properties to pay for schools, libraries, street maintenance, local parks, and first responders. Now homeowners pay 72% of these costs.

It is important to note Prop 15 supports small businesses by allowing them to write off 100% of business personal property purchases. Large commercial businesses get to write off $500,000. of these purchases annually.

Prop 15 is about everyone paying their fair share to benefit our communities and our schools. Passing Proposition 15 will help California recover from years of under-investment. Now is the time to reinvest in our future and pass Prop 15.

Sincerely,

Carol Murota

Lafayette, CA

Writer responds – Schools and Communities First: Prop 15

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Dear Editor:

This is in response to the recent Op/Ed from Dronenburg and Coupal.

Most of us want similar things: good schools for our children, a healthy family, and safe neighborhoods. But for more than four decades, big corporations have not been paying their fair share, leaving California’s school funding falling behind. California now has the most overcrowded classrooms in the U.S. and some of the worst ratios of counselors, librarians, and nurses per student. This has taken an enormous toll.

Schools & Communities First is not an effort to undo Prop 13- it is simply an effort to ensure that our schools and communities come first – with the resources to educate all of our kids and the services to support all of our families.

It accomplishes this by closing commercial property tax loopholes only- not residences, not agriculture and not small businesses. In fact, it will impact only a small fraction of large corporations.
SCF will reclaim $12 billion every year to fund world-class schools and strengthen local economies to lift up all Californians

It’s time to invest in California again- we cannot afford to wait.

Janet Hoy

Walnut Creek

Writer complains about waiting 7 hours for out of state phone service to schedule free COVID-19 test, not having comment read during Supervisors meeting

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Dear Editor:

Please run this scathing letter that I wrote about my terrible experience in not getting a COVID-19 test late last week.

But the other part of the story is that it was not read into the record during Tuesday’s Board of Supervisors meeting. Instead it will be “shared” with the supervisors, according to Jami Napier, Chief Assistant Clerk to the BOS.

In an email response she wrote, “This email will be shared with the Board of Supervisors. We are not reading emails into the record at this time.”

I responded, “Shame on you!  The agenda states that written comments will be accepted before and during the meeting.  I feel that I am being marginalized by the county. I feel cheapened. I cannot even get a Covid test; and then you do this to me.  Written comments should also be read into the record. Bad!”

Board of Supervisors Chair Andersen:

The county is playing with the lives of citizens, especially seniors when the county announces free COVID-19 testing for anyone regardless of one’s health, and the county’s out of state telephone message service is unable to properly handle the avalanche of incoming calls. Shame on the county and the telephone service!

Thankfully neither I nor my wife have COVID_19 symptoms, but last Friday I was on the phone 7 hours futilely waiting to make an appointment to line up appointments for free COVID-19 tests.  No one answered my call.  Incredible!

Later that day I talked to Supervisor Federal Glover who confirmed with that the health department is swamped with calls and is working to resolve the issue. That’s all that he could do for me and my wife. What a bummer!

The problem is, what if someone like myself or my wife, really has COVID-19 symptoms?  What do they do then if they cannot make an appointment like I attempted to do?  I suppose the answers to those questions is, wait for one’s maker, death!

This situation is unacceptable. The county and supervisors should be held accountable and correct this problem now!

Sincerely,

Daniel & Leslie Borsuk  

Pittsburg

Government overreach and the Constitution

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Dear Editor:

I am not an attorney, nor do I play one on TV.  However, I do have 30 years of experience working on land-use legislation, litigation, politics, and policy at the local, state, and national level.   Based on those experiences, I want to share my opinion with you.

In March, all Americans including recreationists were asked to comply with temporary Covid-19 shelter-in-place (SIP) orders and mitigation measures to “Flatten the Curve” to avoid overcrowding our hospitals and reduce the number of projected deaths.

The American public responded to the government mandates by largely complying with those plans and mitigations.   Recreation leaders in the grassroots and industry sectors also responded with outreach and education programs to encourage compliance with those temporary orders.

Today, many in the general public are now questioning some states and local jurisdictions that appear to have politicized Covid-19 restrictions by extending hard SIP orders – without a strong rationale – that apply to residents and businesses.

Considering the above reality in some states, it should come as no surprise for the U.S. Supreme Court (SCOTUS) to weigh in on the matter when potential violations of the U.S. Constitution appear to be taking place.

On such case is in Pennsylvania where according to the article linked to below: “A group of Pennsylvania businesses petitioned the US Supreme Court Monday in their lawsuit seeking to overturn Governor Tom Wolf’s March 19 executive order closing “non-life-sustaining” business in response to the COVID-19 pandemic.”

SCOTUS has now weighed in by giving the PA Governor until May 4 to respond to a petition that accuses the commonwealth of violating the constitutional rights of its citizens.

Please see https://www.jurist.org/news/2020/05/supreme-court-orders-pennsylvania-to-respond-to-challenge-to-stay-at-home-order/

Folks in other states are also challenging extended SIP orders that appear to violate our constitutional rights.  The purpose of this opinion is not to start a debate about the veracity or effectiveness of Covid-19 mitigation measures but to simply highlight the growing concern about government overreach and potential violation of our constitutional rights.

Having SCOTUS step in on this issue may be the biggest news item in recent weeks.

Don Amador

Oakley, CA

Don Amador has been in the trail advocacy and recreation management profession for over 30 years. Don is President of Quiet Warrior Racing/Consulting. Don served as a contractor to the BlueRibbon Coalition from 1996 until June 2018. Don served as Chairman and member on the California Off-Highway Motor Vehicle Recreation Commission from 1994-2000. He has won numerous awards including being a 2016 Inductee into the Off-Road Motorsports Hall of Fame and the 2018 Friend of the AMA Award. Don currently serves as the government affairs lead for AMA District 36 in Northern California and also serves as the OHV representative on the BLM’s Central California Resource Advisory Committee.  Don is also a contributor to Dealernews Magazine

Writer supports Supervisor Burgis for re-election for her “integrity, brilliance and imagination”

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Dear Editor:

I writing to express my genuine respect, admiration, and appreciation for Supervisor Diane Burgis and whole-heartedly support her re-election.

We are blessed to have a leader with the level of integrity, brilliance, and imagination that Diane has demonstrated in serving the people of Contra Costa. She is a woman who is relentless in her efforts to bring innovation to our region and has made significant strides towards job and business creation to support our local workforce.

I have witnessed first-hand Diane’s wisdom and her dedication to regional improvement through her work on business-based drone development in far east Contra Costa, the creation of a multimillion-dollar light industrial park at the site of the former DuPont plant in Oakley, and the launch of the Family Justice Center in Antioch that includes job training and support for people who have been victims of human trafficking as well as those who seek skills training in technology employment through the work of the “Love Never Fails” project that has made significant impact throughout the Bay Area.

Diane is accessible and genuinely loves our communities and those of us who live here. Please cast your vote for Supervisor Diane Burgis, so she can continue with the amazing work she is doing for the benefit of our families. My husband Keith is fully in support of this statement.

Iris Archuleta

Antioch