Dyleski’s alibi now unsure

Dyleski alibi witness changes testimony:

A housemate of Scott Dyleski’s from what I call “the hippy commune” changed his testimony today…

MARTINEZ – The only person to provide an alibi for Scott Dyleski testified Wednesday he is no longer certain he saw the teenager at all on the morning Pamela Vitale was killed.

“My testimony wasn’t entirely truthful,” Fred Curiel said about his earlier testimony at a February preliminary hearing. Curiel and his wife own the home where Dyleski was living at the time of the Vitale slaying.

Curiel had told investigators on Oct. 20, 2005, and testified in the prior hearing that he saw Dyleski without scratches or injuries sitting on the couch next to his wife at 9:26 a.m. that morning. He said then that he knew the exact time because he had looked at his pager while waiting for his family to get ready to go Halloween shopping.

Under cross-examination by deputy public defender Ellen Leonida, Curiel maintained he and his family started driving away from the house at 10:26 or 10:27 a.m.. He arrived at the Halloween supply store at 10:51 a.m., he said.

Investigators estimate Vitale was attacked about 10:12 a.m. because she performed a final computer search at that time.

Curiel’s wife, Kim Curiel, testified Tuesday that the family left the house at 11:15 a.m. His wife’s account of events would have put her and her husband in the house at 10:45 a.m., when she said she saw Dyleski come home with scratches on his face — a time that fits into the prosecutor’s theory that Dyleski killed Vitale around 10:12 a.m.

Fred Curiel’s time estimate puts the family in the house earlier, and calls into question what time his wife actually saw Dyleski.

After his meeting with investigators, he spoke with his wife to confirm with her that Dyleski was sitting next to her on the couch, Curiel said today.

She confirmed it, he said. But today he testified that he didn’t actually remember seeing him.

“I don’t have an explanation other than my memory is not … I don’t have an explanation,” he said.

Conspiracy theories aside I wonder what made him change his mind. Maybe going to jail for perjury wasn’t worth getting back at the man.

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