'I have never been' a suspect, Horowitz says of slaying probe

0 Comments | Oakland Tribune, Oct 20, 2005 | by Jason Dearen, STAFF WRITER

Criminal defense lawyer Daniel Horowitz said he has never been a prime suspect in the murder investigation of his wife, Pamela Vitale, whose body he reported finding Saturday.

"I've been so discounted from day one. I have never been treated as a suspect, ever," he said, holed up with Vitale's son, Mario, and daughter, Marissa, in a Bay Area hotel.

On Wednesday the Contra Costa County Sheriff's Department cleared the crime scene at Horowitz's Lafayette estate, where he and Vi-

tale were finishing building their four-story dream home. With the crime scene cleared, Horowitz can return to his land, but he has stated he will never live there again.

The homicide investigation continues and is still "wide open," said sheriff's spokesman Jimmy Lee.

Horowitz called 9-1-1 Saturday about 6 p.m. after finding Vitale's body. She had received a blow to the head, and was clad only inpanties and a T-shirt, Horowitz said. He said it appeared there was some kind of struggle.

But Vitale did not appear to have been raped or sexually assaulted.

"She wasn't raped, or there was no attempted rape as far as I could see," Horowitz said. "I think I would have known if there had been."

Horowitz said he does not expect authorities to clear his name publicly anytime soon, even though speculation about his possible involvement might increase every day authorities do not announce an arrest.

"Their job is not to clear me, but to do an objective investigation," he said.

Since Vitale's death, Horowitz has been active in the media, breaking down during interviews. He said he does not believe his media interviews will hinder the investigation.

Horowitz is no stranger to the news media. During the Scott Peterson double-murder trial, he became a fixture on Court TV and a staple legal pundit on cable legal programs.

He said he continues to do interviews even though he is still officially a suspect because of his friendship with television show hosts Nancy Grace and Dan Abrams, on whose programs he has often appeared. Horowitz said his wife always wanted him to be a television star.

"Pamela created this," he said about his television appearances. "That I would be a TV commentator and be recognized and famous. She was the power behind Dan Horowitz TV guy."

Meanwhile, no new suspects were announced Wednesday. To date, Lee has mentioned only two names of the many people interviewed by detectives: Horowitz and a troubled man who lives on the attorney's land in Lafayette, Joseph Lynch. Lynch denies any involvement, and has talked openly about the case to the press and authorities.

As for Horowitz, he maintains that he and a Las Vegas attorney named Robert Massi had breakfast together Saturday morning. After that Horowitz worked with his staff on the Susan Polk murder trial. Polk is accused of killing her husband.

Golde said he left Horowitz at 2:15 p.m. at their office, located 45 minutes away from the Lafayette estate.

One of Vitale's closest friends, Carolyn Layne, bristled at the idea that Horowitz had anything to do with his wife's death. "Pamela and Daniel loved each other more than life itself. There's no doubt in my mind they were soul mates," she said.

Some friends have a hard time believing that Vitale had made any enemies who would want to harm her. Kari Vaught, who Vitale supervised at a software firm, said she was the kind of person who always had a smile.

"We would talk about our lives, talk about her kids and how proud she was of them," Vaught said, adding there was never any sign of strife in Vitale's life.

On Tuesday, Horowitz met detectives briefly outside the gate of his Lafayette home. He handed them a packet of documents containing what he said were his computer records.

Horowitz said he understands why he is getting media attention, and that he does not have a problem with it.

Still, he said a report on the Fox network Tuesday that he initially told police he did not want an autopsy on his wife's body was incorrect.

Horowitz said the pathologist scheduled to do the autopsy, Dr. Brian Peterson, was about to testify in the Polk trial, and he was concerned about a conflict. He said he asked police to find a different pathologist.

And while Horowitz Tuesday said he feared that his wife's killers might be targeting him or his family, Wednesday he welcomed a confrontation.

"I don't fear for myself. I'd love for the person to come after me. I relish the day that that person comes at me with a weapon and does his best," he said.

A private service will be held today for friends and family of Vitale.