Skip to main content
U.S. Edition
Search
 
 
 
 
 
 
 
 
 
 
 


 

Return to Transcripts main page

NANCY GRACE

Suspect in Vitale Murder Arrested

Aired October 20, 2005 - 20:00:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


NANCY GRACE, HOST: Tonight, breaking news. A 16-year-old young man behind bars, under arrest in connection with the brutal bludgeoning death of Pamela Vitale. Tonight, the big question, motive.
(BEGIN VIDEO CLIP)

JIMMY LEE, CONTRA COSTA COUNTY SHERIFF`S DEPT. SPOKESMAN: Sheriff`s office investigators served two search warrants. Investigators started focusing on a 16-year-old male. The 16-year-old was arrested for murder in connection with the killing of Pamela Vitale.

(END VIDEO CLIP)

GRACE: Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us tonight.

Breaking news. Early morning hours, an arrest goes down in the neighborhood of Daniel Horowitz, the famed defense attorney, and Pamela Vitale, his wife. Tonight, a 16-year-old young man behind bars, now suspected of the brutal bludgeoning death of Pamela Vitale. He is suspected of hitting Vitale dozens of times, stabbing her, possibly the weapon a piece of crown molding she had selected for her dream house. That`s all according to "The San Francisco Chronicle."

(BEGIN VIDEO CLIP)

LEE: Although we have a suspect in custody, the investigation is still going on. Much more work still needs to be done. As I speak right now, we are still interviewing people.

(END VIDEO CLIP)

GRACE: I can`t hear!

The arrest comes tonight as family and friends in pain mourn and Pamela Vitale laid to rest.

I want to first go out to Jane Velez-Mitchell for all of the latest. Jane, bring me up to date.

JANE-VELEZ-MITCHELL, INVESTIGATIVE REPORTER: Well, as you know, Nancy, some dramatic, dramatic developments in this very, very sad case. As you mentioned, a 16-year-old boy arrested. He has not been formally charged, just arrested. His arraignment, formal charging, expected within the next 48 hours. Tonight, he sits in juvenile hall. Because he is a minor, his name isn`t being released. There are a lot of rumors, lots of speculation floating out there. CNN has been able to confirm some of the details that have been publicly reported about this gruesome crime, and they`re so gruesome that it`s really difficult to even say.

The killer, according to police sources, bludgeoned Pamela Vitale to death 39 times -- hitting her 39 times in the head. Apparently, and quite possibly, the murder weapon, as you mentioned, a piece of crown molding. That was an item that was supposed to be used in the building of their dream house, which was under construction. And then some really chilling aspects. We are told by these police sources that this suspect then had a glass of water, then took a long shower, and perhaps the most awful aspect, may have actually, according to our sources, drew, carved a crucifix into Pamela Vitale`s back before walking away.

GRACE: You know, Jim Moret, various reports are describing this carving into the back of my friend, Pamela Vitale, as a Lorraine cross. The Lorraine cross is a single vertical slash with two horizontal slashes. And in the past, it has represented the duality of God and the devil, of the poison and the cure. What can you tell me, Jim Moret, about this young man?

JIM MORET, "INSIDE EDITION": Well, based upon people we`ve talked to, this suspect who`s in custody went to a local high school, then got his GED, his degree to graduate early, and is now at a local college studying art. He`s been described by at least two of the students we talked to as being a Goth, or Gothic. And one person said that he remembers him coming to school dressed all in black, with black fingernails, looking very Gothic. And the symbol that you`re describing has also been described as Gothic.

We`re not hearing a great deal about this person, but obviously, we`re still early on in just discovering who this person is. They`re shielding his identity because of his age, but we do understand that prosecutors are going to be interested in trying him as an adult.

GRACE: Also with us tonight, forensic scientist Dr. Larry Kobilinsky. Larry, when I went to the scene yesterday with Daniel Horowitz, I noticed at that time that there was a great deal of construction material lying around just at the door where Pamela was killed.

Take a listen.

(BEGIN VIDEO CLIP)

A lot of the construction material strewn around that she was looking at and picking. This was just a temporary residence for them.

The finishings that she was looking at and a lot of that incorporated into their dream home.

Objects, tiles -- we don`t know what the murder weapon was. Pamela was bludgeoned to death about the head. A lot of this construction material was laying around. I don`t know if police have seized any of it. Let`s keep looking.

I know it`s far-fetched, but -- but I`m looking at all of this construction litter, not that I think a killer would slow down long enough to discard something here, but this place is just a huge scene. There`s a lot to be processed.

(END VIDEO CLIP)

To Dr. Lawrence Kobilinsky, what do you think police are looking at to tie this case up forensically?

LAWRENCE KOBILINSKY, FORENSIC SCIENTIST: Well, clearly, the molding that was apparently the murder weapon may have latent prints. And in fact, that may have led to the search warrant and the subsequent arrest. But clearly, there`s other evidence here. We know that the 16-year-old had scratches or bruises or wounds to the face, to the arms and the legs. There was a great battle that took place. And in fact, if there were scratches, then perhaps Pamela has DNA evidence under her fingernails. So that will be important.

In addition, there`s hair evidence and other evidence. This is a 16- year-old that doesn`t know anything about forensics and probably left a great deal of evidence behind. So now that is what`s being processed.

GRACE: Well, you know, this 16-year-old young man that apparently knows nothing about evidence knew enough to clean up after the crime. And I noticed this, Dr. Kobilinsky. Tell me what you think about this. And Elizabeth (ph), if you could, could you show the door? Now, we have pixilated the door to the trailer. Daniel asked me not to show it. It has Pamela`s blood on it. But clearly, Dr. Kobilinsky, the attack and the killing took place one step inside this door. It`s a very flimsy door. It`s on the back of a trailer. They felt very safe there. There`s a pool of blood just inside this door.

Now, what we`re pixilating out is a blood stain, apparent blood stain, on the front of the door. Now, whoever killed Pam Vitale, this door was open at the time because, think about it, Dr. Kobilinsky. You think the killer`s going to go in, kill her, go take a shower, and then get blood on the door as he leaves? No! It was an intruder that came in, attacked her, bludgeoned her with the door still open! Now, there was impact -- there was impact -- impact spatter -- thank you -- impact spatter as high up as me, between four and five feet tall, right there at the entrance. This was brutal.

So tell me again, Dr. Kobilinsky, what are they looking for forensically to tie this case up?

KOBILINSKY: Well, what`s critical is to actually tie this 16-year-old directly to the victim. If there is evidence on Pamela`s body, they would have found it during the autopsy. If there is the reverse, evidence from the victim on the clothing of this individual, that would link him directly to the scene. Hair evidence found in the shower, for example, or fingerprints or DNA on the glass that he drank water from would reveal all of this.

The question I had is whether he picked up that molding outside of the trailer and brought it inside, which means that it was premeditated, or perhaps he picked up the molding inside the trailer.

GRACE: I`m trying to think back on what I saw, Jim Moret, when I was in the trailer. We did not take cameras inside, but I remember outside, there were all different varieties of molding and tiles that she was looking at and selecting from for the home. I`m trying to remember if I saw any inside. And you know what? I don`t think I did, which means that Kobilinsky`s correct, he brought that inside.

Now, let`s talk about some clothing that was found in what -- a home, another building, not necessarily a home on that 12-acre property, clothing found there that had been washed with a solution called Oxyclean -- Oxyclean. Oxyclean breaks down organic stains, such as blood. Jim Moret what do you know about the clothing the suspect allegedly was wearing?

MORET: It`s my understanding that the item of clothing you`re talking about is actually a pair of pants that was washed. And that would be consistent. You`re talking about a very violent fight, and that fight, if you talk about the blood splatter against the door, you can only imagine what it would be against the person perpetrating this crime.

There`s also another element that you bring up, Nancy. You said saw the molding outside but not inside, which would be consistent with the element of surprise. This individual, the 16-year-old in custody, is described as 5-foot-5, 110 pounds. Pamela was, as my understanding, about 5-foot-11, and she was quite fit. So there may have, indeed, been the element of surprise, and perhaps, as you suggest, this person found the molding outside and then struck Pamela.

GRACE: Take a listen to this.

(BEGIN VIDEO CLIP)

LEE: Last night, sheriff`s office investigators served two search warrants, one in the city of Walnut Creek and the other in the city of Lafayette. As a result of the search warrants, investigators started focusing on a 16-year-old male. He is a resident of Lafayette. We cannot and will not identify him. At 10:00 PM last night, the 16-year-old was arrested for murder in connection with the killing of Pamela Vitale. He was booked at juvenile hall, where he remains. We are still trying to establish the exact motive.

Although we have a suspect in custody, the investigation is still going on. Much more work still needs to be done. As I speak right now, we are still interviewing people. Our crime lab is hard at work. We`re analyzing evidence and waiting for test results to come back.

(END VIDEO CLIP)

GRACE: When I was at the home there with Daniel Horowitz, the mailbox -- it`s a communal mailbox for everybody, I guess, that lives on that mountain. There aren`t very many people. And you have to go all of the way down this driveway you`re seeing and then down a very curvy and circuitous route on the side of the hill to get to a communal mailbox.

So Jim Moret is with us, everybody. As you know, he`s the chief correspondent with "Inside Edition." What about motive?

MORET: Well, it`s interesting when you talk about motive. It`s being reported that this individual, the alleged killer, may have been involved in a credit card scheme where -- you talk about that communal mailbox. It`s believed that that mailbox was raided to secure credit card statements and use those statements to get the numbers and buy goods, and so forth. And it`s certainly possible and it`s understood that he was going up to the property not necessarily with the intention to kill her in mind, but for some other reason, and perhaps came upon Pamela Vitale by surprise.

GRACE: You know, the other issue is, though -- back to what Larry Kobilinsky was saying. Deborah Opri, surprise versus premeditation is going to play a very big role in how this juvenile -- he`s currently a juvenile under the California law -- I predict he will be tried as an adult -- the charge with which he will be charged, the specific charge.

DEBRA OPRI, DEFENSE ATTORNEY: Well, first to lay a foundation for the audience, he will be certified as an adult because he`s 16. If he had been 13 or 14, they would have a fight, and a good fight, to keep him in juvie hall, wherein, if convicted, he`d get out by 25. That`s not the case here. He will and probably -- he could and probably will be tried as an adult, first-degree murder, because as far as I`m concerned, this is not something that he`s walking along and decides to do. This was something that was planned out.

So I think it`s going to be a first-degree murder charge, conviction, and he`ll be going jail for many, many, many years, unless he has the defense of insanity.

GRACE: Take a listen to this, Deb.

(BEGIN VIDEO CLIP)

We are now back at the trailer where Pamela was murdered. Now, if you can see how close the trailer is to this dream home -- and let me tell you something, it is a dream. This is what Daniel Horowitz worked for, for years, long days in court, weekends, to build this for his bride.

Now, the perpetrator likely came right up here, knew exactly where he was going. I`ve been inside the trailer, and from the kitchen window, you could see someone coming up. Now, we know Pamela was still in her nightshirt and undies, suggesting that this was a morning attack. Remember, Daniel Horowitz left around 7:00 AM to go work on a Saturday.

I am in front of the door. I`m shielding part of it. I promised Daniel that none of Pamela`s blood or anything of Pamela would be on this video. But I`ve been in and out the door, and the place of her death is immediately as you walk in the trailer door. So the theory that she was attacked right there is correct. There is the remnants of a pool of blood, blood on the wall, on the inside of the door. That is where the attack and the death all took place, right as she opened the door that morning.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

DANIEL HOROWITZ, DEFENSE ATTORNEY: When I went back there, because they wanted me to look at things, I walked through. And I was there as long as I could. And then at some point, I started shaking a little bit. And when I started shaking, you know, it was time to go. As I walked out the door, I stopped and I looked where she had been. And for that one second, I saw her again.

(END VIDEO CLIP)

GRACE: I just keep thinking of you in the back seat of that car while she`s still in the trailer.

HOROWITZ: Yes. I kept saying...

GRACE: And cops are...

HOROWITZ: I`m sorry. I kept saying, Can I just say good-bye to my wife one more time? Can I just walk over there? And they kept checking. Can you just go by? And they said, We`re sorry. We just can`t. We can`t let you back.

GRACE: Why?

HOROWITZ: Because it`s a crime scene. They`ve got to secure it. They can`t later on catch the person and have him, Oh, did you let Dan Horowitz walk back there? They can`t do that. They`re professionals.

(END VIDEO CLIP)

GRACE: Today, Daniel got his wish, or at least that wish to say good- bye to Pamela Vitale. I was with him at the funeral this afternoon, and actually, just a short while ago. He spoke first, Pamela Vitale`s adult children spoke. Her daughter broke down trying to speak of her mom and had to be led away from the podium. But everyone had a recurring theme and that is, believe it or not, the battle between good and evil. That was Daniel`s message today at the funeral of his wife, Pamela Vitale, brutally bludgeoned in their home.

Right now, I want to go straight out to my friend and co-worker, CNN correspondent Ted Rowlands. Ted, bring my up to date, friend.

TED ROWLANDS, CNN CORRESPONDENT: Well, Nancy, as you`ve been reporting, they have this 16-year-old in custody tonight, and they believe that he acted alone, at this point. He had been on the police radar screen, if you will, with a friend of his for this credit card scam. They think they`re separate incidents.

We talked to some of this young boy`s friends, or acquaintances, I guess, at high school. The 16-year-old, I`ve seen pictures of him from the high school yearbook. He is definitely a -- he has long, black hair. He kind of looks almost frightening when you first look at his photo from the last year, a bit of Richard Ramirez, that kind of length. And he`s -- they were -- acquaintances describe him as one of these guys that wears all black to school and all the rest of it. And clearly, there are many kids that wear black to school, that are into Goth and all the rest of it, that are wonderful children.

What led this guy, this young man, 16 years old, to commit such a horrific crime? None of his friends had much insight to it. They say he kept to himself, for the most part, but he also wanted to be noticed. He not only dressed that way, but in one of the yearbooks, he had a little inscription saying that, you know, You say what you want to us people that are individuals, well, we`re never going change. So there was a combative nature, one would think, with this young man. He kept to himself.

And there are a lot of questions tonight as to how he got in -- into the home, what the relationship was, if any. They don`t believe that Pamela Vitale had ever seen this kid or knew this kid, how he got in there, and then how -- what possessed such a young boy to commit such a horrible crime.

GRACE: You know, Ted -- I`m having a hard time hearing out here, everybody. We are reporting live outside the Contra Costa sheriff`s department. But I did clearly hear you say they believe the 16-year-old young man acted alone. Is that correct? Did I hear that?

ROWLANDS: That`s what they believe, at this point. There`s no evidence for them to look at anyone else. However, they are looking at his friends and looking at any of his acquaintances, especially, I would assume, at the people that were involved in that credit card sandal. But at this point, there`s no evidence to lead them that way, and they believe that he acted alone in the murder of Pamela Vitale.

GRACE: Well, speaking of any knowledge that Daniel or Pamela would have had of this young man`s home, I`ve gotten it confirmed tonight that, apparently, Daniel had done free legal work -- I don`t know the nature of it, it could have been writing a will or drawing up a deed -- for this young man`s family. So in that context, there could have been some remote knowledge, but not necessarily on the part of Pamela Vitale.

Very quickly, to Dr. Michael Nuccitelli. He`s a forensic psychologist. Dr. Nuccitelli, we`re hearing Goth -- Goth. Tell me about Goth. What does it symbolize, and what does it symbolize to people of that age group?

MICHAEL NUCCITELLI, FORENSIC PSYCHOLOGIST: Well, within the adolescent population, and also all the way up until young adulthood, we have this phenomenon that`s been around for many years called Goth. And basically, these are young people, both young men and young women, that wear a lot of black. They paint their toenails, their fingernails black. They tend to dye their hair black. And basically, it is a subset of the population. And these kids feel that they`re special, and as that inscription said in his high school yearbook, about being a nonconformist. And these tend to be kids that are loners, so what they do is, is they affiliate with other loners, and hence we have the Gothic population.

GRACE: We`ll be right back.

(BEGIN VIDEO CLIP)

How long did you sit there until police arrived?

HOROWITZ: It had to be a long time, Nancy, because I kept saying 10 minutes, but then I analyzed it, and it had to be more than that because I kept hearing the sirens, and they got lost. And it takes 10 minutes just to get from there to there. And it was bad. It was, like -- I mean, I`m not stupid. I know that as soon as the police come, they`re going take me away from my wife. And I just wanted as much time with her as I could have.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

GRACE: What a view. It is so incredibly ironic that on this hilltop, where you could see or hear nothing for such a long way, so peaceful, so serene, violent crime struck, taking the life of 52-year-old Pamela Vitale, the wife of our friend and colleague, Daniel Horowitz. This is the view she had outside her window. Nearby, Horowitz building her a dream house. Another irony, possibly items used to build that dream house used to bludgeon Pamela to death.

Jim Moret, chief correspondent, "Inside Edition," major developments this week.

MORET: Well, you remember early on Monday, there was the erroneous report that Joe Lynch, who was a caretaker on the property, was identified wrongly as a suspect because there were some papers filed earlier in the year by Daniel Horowitz and other neighbors, indicating...

GRACE: Hold on! We never said he was a suspect!

MORET: He was identified -- well, it was erroneously reported he was arrested. And this person was identified as a violent person. Clearly, he was not arrested. That was an incorrect report. But more importantly and more personally for Daniel, there was a great deal of attention being focused on him. Obviously, spouses are the first person that police look at. And at least Daniel had the opportunity to bury his wife in dignity, with respect, without that cloud of suspicion hanging over him.

(COMMERCIAL BREAK)

CATHERINE CALLAWAY, CNN HEADLINE NEWS ANCHOR: Hello, everybody. I`m Catherine Callaway with your "Headline Prime Newsbreak."

Floridians are keeping a watchful eye on Hurricane Wilma, whose winds are now gusting at about 150 miles an hour. Florida Governor Jeb Bush says that residents should already be deciding whether they want to evacuate.

Former House Majority Leader Tom DeLay was released on $10,000 bond today after turning himself in to authorities. He`s charged with conspiracy and money laundering charges. DeLay says he`s innocent.

A school shooting has shaken parents and children in Saginaw, Michigan. A teenage boy`s in serious condition after being shot in the chest. Police have a suspect in custody. It`s the third shooting in that school district in just over a year.

Michael Jackson`s been called for jury duty in California, but will not be serving. Officials say he no longer calls his Neverland Valley ranch home. No word yet on where the pop star will move, but the past few months have found him in Bahrain.

That`s the news for now. I`m Catherine Callaway. Back to NANCY GRACE.

(BEGIN VIDEO CLIP)

DANIEL HOROWITZ, DEFENSE ATTORNEY: I`m driving home, you know? And then when I pull up, there`s her car. And at that point -- that`s bad.

GRACE: Because she was supposed to be gone?

HOROWITZ: That was too late for her car to be there. So what goes on -- I know it happens with everybody -- is I just justify, "Well, maybe she`s just leaving later." So I said, "I`m not going to run and panic. I`m going to go to my trunk. I`m going to get my computer and the groceries, and I`m just going to go home like it`s a normal day."

Then, when I go up the stairs, and I look at the door, then I see -- this is where I like I`m now -- it`s like unreal, OK? This is like the unreal part.

I see smears on the door. But it`s not like blood, Nancy. It`s darker. But I know it`s not right. And I`ve been a lawyer for so long, I know it`s not right.

And I just reach for the doorknob. And then I open the door. At that point -- what you just see is this scene for a second. My brain is telling myself, "It`s just one of the crime scene photos you`ve been looking at all day."

That`s the brain. But the body, and the heart, and everything knows. And I don`t remember what I did. I just know I fell to the ground, and I saw her. And everything -- I understood everything that I could see. I took it all in. And I knew she was dead.

(END VIDEO CLIP)

GRACE: Today, an arrest in the murder of Pamela Vitale. A 16-year- old young man taken into custody by Contra Costa County Sheriff`s Department. We now know that Pamela Vitale, beaten at least 39 times, possibly stabbed as well, a crude etching etched into her back.

I want to go straight out to Ted Rowlands, CNN correspondent. Ted, what can you tell me about the arrest?

ROWLANDS: Well, yesterday, Contra Costa County sheriff`s deputies served two warrants yesterday evening, one in Lafayette near Daniel`s home, and then one in the city of Walnut Creek. And that is where the arrest eventually was made.

They presumably went to both locations. And after being at the Walnut Creek location for some period of time, they took this young man into custody. The home in Walnut Creek is owned by a relative, we are told, of this young man.

What it was that prompted them to take him into custody, we don`t know. We do know that, at least at that point, he did not confess to the crime. Whether that has changed we don`t know either, over the last few hours.

But there must have been something for them that they found, at one or both of those locations, to take this young man into custody. They were confident that he was responsible for the murder after they discovered whatever it was they discovered.

GRACE: You know, Jim Moret -- everybody, Jim Moret, chief correspondent with "Inside Edition" -- already the vultures were circling, the jackals circling around Horowitz. Bloggers were going -- web bloggers were going crazy suggesting Horowitz was the killer, discussing how he had girlfriends and he had motives to kill, you name it.

Jim, I put him through such a cross-examination off-camera about their assets, everything, until finally his face was absolutely white. I didn`t have the heart to ask him another question.

MORET: You and I have talked about Daniel. All of the people who know Daniel, us included, consider him to be a very gentle, gracious person, totally inconsistent went somebody who could pull off such a horrible crime.

And clearly, he didn`t. Now, the fact is, though, that he also, as a defense attorney, did everything that a defense attorney would tell his client not to do.

He talked about this publicly. He gave you a tour of the property. And I think it was really those actions, actions of an innocent person, but those actions that prompted people to ask me, in particular, do you think he did it?

GRACE: But why? Why, if you opened up your doors, and willingly speak on air, on the record -- you remember Scott Peterson? He would never say a word. All zipped up. Every time he wouldn`t speak, he`d blame his lawyers and his friends. It`s because he didn`t want to speak. Horowitz was just the opposite.

MORET: I know, but still, it`s easy to take certain things out of context. He said something to you about talking to Pamela, about the fact, if anyone ever attacked them that they would die fighting.

Now, that seemed odd to me, in the context in which we heard it. However, a friend of mine, a fellow attorney, spoke to several defense attorneys. And he said this: All defense attorneys, all criminal defense attorneys know that they are potentially at risk. And that conversation that Daniel had with his wife is a conversation many people have with their spouses.

When you hear that in context, it makes sense. But if you hear it out of context, it may sound like the words of a potentially guilty person.

But, again, Daniel had the opportunity to lay his beloved wife to rest without that cloud of suspicion over him. And that, at least, must have given him some solace.

GRACE: I think it did. On the other hand, when I asked him how he felt about people pointing the finger at him, he said, "I don`t care what anybody says. I don`t care what they say. It doesn`t even matter."

Nothing matters to him at this juncture without Pamela. That`s what he told me. And I see that in his actions, as well.

Straight out to private investigator Vito Colucci. Vito, what do you believe led police to the arrest of the 16-year-old neighbor?

VITO COLUCCI, PRIVATE DETECTIVE: Well, you said before on the show, Nancy, that they were already targeting him and his friend for this credit card scheme.

Now, these gothic people, they do not change their dress. You`re not going find them in khakis. They will not conform. So they already know what they`re dealing with here.

Now, all of a sudden, they see the markings on the body, so they know that it`s some kind of an occult thing. I have a feeling some people called in a tip line, said there`s some weird kid. Look into this kid. And I think they put it all together, and they went to this kid, saw the scratches and the markings, and they went right from there with it.

GRACE: And to David Wohl, speaking on what Vito has just said, the fact, if it`s true, this etching into the back of Pamela Vitale, you want to tell me that`s not going to be an aggravating circumstance?

Now, of course, our Supreme Court, the U.S. Supreme Court, has ruled that anyone 16 and under -- actually they`ve just upped that age -- is not subject to the death penalty. But under your Proposition Number 21 here in California, he can get life without parole.

DAVID WOHL, DEFENSE ATTORNEY: Nancy, exactly. And that is a huge problem for him.

You know, like Deb said, this will be a direct file. He`s 16 years old. He`ll find himself in adult court. Forget about juvenile court. It`s over.

Now, picture this scenario also: He steals credit cards from the Horowitz`s. He`s expecting his ill-gotten booty at their home. He goes to get the booty, in the meanwhile knowing he`s going to get a fight from Dan`s wife, kills her, hello? Murder with special circumstances, namely financial gain, and possibly, Nancy, torture, depending on when that etching was made into her back.

So those two special circumstances could lead to life without the possibility of parole. You`re right. The death penalty is off the page because the Supreme Court -- California never had it for juveniles to begin with.

This kid`s got huge trouble. And I`ll tell you something: If the DNA on Pamela`s fingers, on her fingernails, points to that kid, I mean, it`s pretty much all over.

GRACE: And another thing. I think that courts and juries, if it gets to that point, will look at a pattern. We know that many of the neighbors, a number of them, had had stolen credit cards, stolen information, tampering with mailbox, their mailboxes.

Everybody, their mailboxes were in a communal area at the foot of this hill. And if this guy is guilty, he could have watched Pamela Vitale go down, get the mail, and then go back up. It would have been very, very simple.

You know, straight back out to Ted Rowlands. It would be like shooting a fish in a barrel. He could watch -- when I went over the crest of that driveway, Ted, you can look straight down and see that hers was the only car there.

ROWLANDS: Yes. And, you know, Daniel even said that he thought that possibly whoever killed his wife watched him leave. And you can`t really rule that out, either, because, if this young man was in the vicinity and saw the male of the house leave the house, even if he didn`t know them. Maybe he did through that legal work.

But maybe that`s what he saw. He saw that there could be an opportunity there. But what`s the motive, just go kill a lady? You know, unless investigators do believe that she maybe caught him doing something, whether it was tampering with the mail or being on the property, she tried to shoo him away and he became enraged.

She maybe threatened to call the police. Who knows what it was which brought those two together and led him to, not only get into an altercation with this woman, but to kill her so brutally, and then to go that extra step and etch this crucifix into her back or cross? It really does boggle the mind to see what this kid must have been thinking and what could have prompted this.

GRACE: And back to Jane Velez-Mitchell, investigative reporter. You know, Jim Moret is right. Today, at the funeral, when I first walked up, everyone was grief-stricken, but yet they were also relieved. There was a sense of relief.

The first thing a family friend said to me was, "Thank God there was an arrest." And they were very happy about the tip line being publicized. In fact, they said -- they told me today at the funeral the tip line was largely responsible for the arrest. I don`t know who called in what tip, but that is what family and friends told me today at the funeral.

VELEZ-MITCHELL: Well, of course, this is a tremendous relief for Daniel Horowitz. As you had mentioned, some people were pointing the finger at him.

What strikes me is the common theme throughout all of this of his generosity. We had heard that Joe Lynch, who has said he had absolutely nothing to do with this, hadn`t been arrested, is not a suspect, was helped by Dan Horowitz, even though he was having problems with Dan Horowitz, Horowitz actually wrote a letter to a judge saying, "Hey, be lenient with him, even though he got a DUI."

Now we hear that, with this family, Dan Horowitz also helped someone related to this particular suspect with legal work. And this is the man that I knew working at the Jackson trial, always generous and always kind, even though, of course, this youngster that they have arrested is just a suspect? And he is just arrested? He has not been officially charged. His arraignment is expected within the next 48 hours.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JIMMY LEE, CONTRA COSTA SHERIFF`S SPOKESPERSON: Last night, the sheriff`s office investigators served two search warrants, one in the city of Walnut Creek and the other in the city of Lafayette.

As a result of the search warrants, investigators started focusing on a 16-year-old male. He is a resident of Lafayette. We cannot and will not identify him.

At 10:00 p.m. last night, the 16-year-old was arrested for murder in connection with the killing of Pamela Vitale. He was booked at juvenile hall, where he remains. We are still trying to establish the exact motive.

(END VIDEO CLIP)

GRACE: Welcome back, everybody. I`m Nancy Grace. And we are live here in California at the Contra Costa County Sheriff`s Department.

As you know by now, an arrest has been made in the brutal bludgeoning death of the wife of our friend and colleague, Daniel Horowitz. His wife, Pamela Vitale, in the prime of her life, struck down inside the doorway of her own home.

I saw the inside of the crime scene. The floor was drenched with blood. There was there blood spatter about four feet up. And interestingly, the outside of the door was smeared with blood.

We also know, or I`ve learned from sources, that the perpetrator took quite the long shower inside the home.

I`m going go straight out to veteran trial lawyer Debra Opri. Debra, how will it play? If this goes on trial, this guy has been arrested, clearly not convicted yet. But if this goes to trial and this jury learns he stuck around and took a nice, long shower?

In fact, my information is that the shower was so long, when cops finally got there that evening around 6:00 p.m., there was still condensation on the outside of the trailer, on the outside of where the shower was. That`s how long the guy lathered up.

Then we know that clothing was found on one of these structures, on this 12-acre property, that had been washed in this organic cleaner, Oxyclean, that breaks down organic stains such as blood. How will that play to a jury if this case makes it that far?

OPRI: Nancy, you know me as a very blunt person. I`m going to be blunt here. This will be reminiscent of a Charles Manson-type slaying.

It`s evil. It`s heinous. How will this young man play out in court? Unless there is proof that there was insanity, he`ll be deemed evil.

And will he be going away forever? Yes. Will there be parole? No. Will that jury wish they could have put him to death? Absolutely. But this is a very evil killing, in my opinion. And time will tell what this young man`s explanation, if there is one -- I don`t think there is -- will be.

GRACE: And you know, to Dr. Michael Nuccitelli, forensic psychologist, when I think of Pamela Vitale, she`s always so upbeat, always had a smile on her face, always a cheerleader for Daniel Horowitz and his legal career and an on-air pundit, just one of those people that never really got down.

And when they hear about her, if that`s allowed under the rules of evidence -- it may not be -- and then they listen to this evidence of an alleged scratching into her back of a Lorraine Cross that we now know represents the struggle between good and evil, God and Satan, the poison and the cure, I mean, what a mind trip for a jury to hear that.

NUCCITELLI: Well, part of the Goth culture is this preoccupation with death, archaic symbols, ghosts and goblins. Hence, this is why the Goth populations wear black.

My feeling is on this is that this young man was smart enough to etch the symbol in Ms. Vitale to try to lead investigation to show maybe it was a ritualistic or Satanical killing.

The other possibility is that this young man was so pumped up and so filled with adrenaline, he took his gothic knowledge and, seeing the death, and the blood, and feeling all the adrenaline, that he went ahead and, in his own mind, he was kind of, basically, putting his signature there. And that`s what I believe is why he did the etching.

GRACE: And the other thing, David Wohl, in addition to what Dr. Michael Nuccitelli is telling us, when the jury -- if the motive is all about this credit card theft, and scamming people, possibly getting Horowitz`s credit card numbers, their mail, maybe looking for a delivery that was supposed to come to the home, that`s the motive? That is the motive?

When I heard that, I nearly fell off my chair. What a senseless killing.

WOHL: It`s horrific. And I disagree with the doctor in this sense. I don`t think that was smart at all. I think that`s like the bank robber going to the bank and leaving his driver`s license on the counter after he takes the money.

I mean, this kid just etched his signature. It`s a signature crime. People are going to know him, are going to be able to identify him as a Goth from that very marking.

And the idea -- you`re right -- that credit cards or whatever he ordered with those cards to the Horowitz residence was worth this brutal, horrific killing -- let me throw something else into the equation.

How about this? This is a pint-sized kid. He`s much smaller than Pamela. Watch this. Defense attorneys are slimy, I know, I`ve been one for a while. What about self-defense?

He may say, "Listen, I went to the door. I wanted to retrieve my property from the lady, and she attacked me." Dan`s got guns, apparently.

GRACE: Retrieve his property?

WOHL: I wouldn`t -- retrieve his property.

GRACE: What in the hey are you talking about? What property? They were at her front door.

WOHL: Well, I don`t know where they were. But he ordered for whatever type of equipment he get...

GRACE: You got it right there: You don`t know.

WOHL: It could be self-defense.

GRACE: I hope they argue that at trial. I hope they argue that at trial.

WOHL: I wouldn`t be surprised, Nancy. I know. I know. But I wouldn`t be surprised. It`s happened before. And who knows?

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

LEE: Although we have a suspect in custody, the investigation is still going on. Much more work still needs to be done.

As I speak right now, we are still interviewing people. Our crime lab is hard at work. We`re analyzing evidence and waiting for test results to come back.

(END VIDEO CLIP)

GRACE: Welcome back. I`m Nancy Grace.

We are live at the Contra Costa Sheriff`s Department. An arrest tonight in the case of the murder of Pamela Vitale, the 52-year-old woman, the wife of Daniel Horowitz, high-profile defense attorney. You know him well. He`s been on our show many, many times.

You know, Jim Moret, having just left the funeral and thinking about Daniel Horowitz`s own words, he kept talking today about the joy of Pamela Vitale, that she would have wanted everyone to be joyful.

When we were walking through the dream house, he kept saying, "I felt such a sense of joy just being around all of her plans." You know, Jim, you and I have worked with Daniel a long time. I never thought we`d be right here, right now.

MORET: It`s horrible. You talked to him. I talked to him. I talked to him after your visit at the home with him. And he said that, when he was looking around at what she had created, her dream, he felt a sense of her joy, her love. He felt her spirit there.

And even through his sadness, he was smiling. And how sad it is that this person who believes so strongly in the system and defending people`s rights is himself now finding himself a terrible victim of this horrible crime, as was Pamela, obviously. It`s just heartbreaking to see.

GRACE: No, he`s being very, very brave here at the funeral today, even discussing the struggle between good and evil. As the days pass, when he is suddenly alone, I hope he remains brave.

Thank you to all of my guests tonight. But our biggest thank you is to you for being with us here in California, inviting us into your homes.

Coming up, headlines from all around the world. I`m Nancy Grace signing off for tonight. Hope to see you right here tomorrow night, 8:00 sharp Eastern. And as we say good night, our prayers and our thoughts with Daniel Horowitz and the family of Pamela Vitale.

Good night, friends.

END

CNN U.S.
CNN TV E-mail Services CNN Mobile CNNAvantGo Ad Info About Us Preferences
Search
© 2007 Cable News Network LP, LLLP.
A Time Warner Company. All Rights Reserved.
Terms under which this service is provided to you.
Read our privacy guidelines. Contact us. Site Map.
Offsite Icon External sites open in new window; not endorsed by CNN.com
Pipeline Icon Pay service with live and archived video. Learn more
Radio News Icon Download audio news  |  RSS Feed Add RSS headlines