DNA mix traced to victim and dyleski

MARTINEZ — A blood sample collected from the bottom of Pamela Vitale's right foot contained a mixture of DNA belonging to her and Scott Dyleski, her accused killer, a DNA expert said Tuesday during testimony in Contra Costa County Superior Court.

Analysts also found a mixture of Dyleski's and Vitale's DNA on a balaclava, or ski mask, found inside an abandoned van near Dyleski's home. Vitale's DNA was extracted from blood stains on the mask, while his genetic profile was taken from a saliva sample collected from the mask's mouth area.

David Stockwell, a senior DNA analyst for the Contra Costa County Sheriff's Department, said the genetic profiles derived from the ski mask were strong enough to statistically rule out their having been left there by any other living human being.

He estimated that only one in 13 quadrillion Caucasian women could match the sample left by Vitale, and that one in 780 trillion Caucasian men would match Dyleski's DNA sample.

"There have never been that many humans" on Earth, Stockwell said.

Dyleski, 17, watched the testimony with no visible emotion. His father, Kenneth Dyleski, sat in the seating gallery behindhim.

Scott Dyleski is accused of murdering Vitale in the morning hours of Oct. 15 during a robbery at her home in Lafayette's Hunsaker Canyon. Prosecutor Harold Jewett has presented evidence that Dyleski stole the credit information of his neighbors in the canyon and bought pot-growing equipment on the Internet. In addition, a crime checklist was discovered in Dyleski's room that spelled out a plan to knock out, kidnap and steal financial information.

Jewett, expected to rest his case today, also presented evidence that Vitale's DNA was found in blood stains on a pair of Dyleski's shoes, a black glove and a black duffel bag that most of the clothing items were found in, including the balaclava.

Defense attorney Ellen Leonida, a public defender, zeroed in on the glove in her cross-examination. DNA analysts found a third profile that matched neither Dyleski's nor Vitale's DNA, Stockwell said.

But Dyleski's mother testified previously that the glove was part of a box of costume clothing she kept in the house for the kids.

Stockwell testified that the third DNA profile could have been left by someone who wore the glove previously.

Leonida continues her cross examination of Stockwell this morning.

Leonida has claimed that Dyleski was home the morning Vitale was killed. But the key prosecution witness on whose testimony she was relying — the owner of the home where Dyleski lived, Fred Curiel — changed his story. Curiel originally stated he saw Dyleski at home at 9:26 a.m. the day of Vitale's death, but now says he cannot be sure he saw Dyleski at all that morning.

Citing records from Vitale's laptop computer, Jewett said he believes Vitale died about 10:12 a.m., and two other of Dyleski's housemates testified that they saw him about 10:45 a.m. Oct. 15 with noticeable scratches on his nose and face.

On Tuesday, Contra Costa County Sheriff's Det. Jason Barnes testified that he walked from the site of Vitale's slaying to the van near Dyleski's home where the bloody clothes were recovered.

Barnes said the walk took 10 minutes and 22 seconds, which fits the prosecution's timeline.

Jewett has also presented as evidence a number of Dyleski's works of art — pencil or charcoal sketches of sometimes ghoulish figures, including a graphic-style portrait of notorious serial killer Ed Gein. Leonida said the defendant was not obsessed with Gein but merely interested in a band called "Ed Gein's Car."

Leonida noted that many of the writings and art works Jewett presented were actually done for school projects. She noted that many of them had grades and teacher comments such as "Awesome!!"

She asked the detective who collected the items, Joseph Moore, whether he checked to see if other students of Dyleski's age created similar art or if he talked to Dyleski's art teachers.

The detective said no.

Testimony resumes at 9 a.m. today.