Teen slaying suspect's mom is freed

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Teen slaying suspect's mom is freed

Prosecutor drops accessory-to-murder charges in Vitale case

Saturday, October 29, 2005; Posted: 9:54 a.m. EDT (13:54 GMT)

MARTINEZ, California (CNN) -- The mother of a 16-year-old accused of killing a high-profile attorney's wife was released from custody Friday after accessory-to-murder charges against her were dropped, the prosecutor told CNN.

Esther Fielding made a brief court appearance in Contra Costa County Superior Court to be arraigned on the charges. Harold Jewett, the deputy district attorney for Contra Costa County, said he addressed her directly in the hearing and asked if she would agree to testify "truthfully" in her son's trial.

She said "yes" and he agreed to drop the charges, Jewett said.

Fielding's son, Scott Edgar Dyleski, has been charged with murder and will be tried as an adult for allegedly killing Pamela Vitale, 52, who was bludgeoned to death in her home October 15. Vitale's husband, Daniel Horowitz, is a high-profile defense attorney and occasional TV commentator. Dyleski was a neighbor.

According to an affidavit filed in the case, the mother allegedly told her son about the police presence in the area on the night of the slaying and advised him to spend the night at his girlfriend's house, because the road had been blocked off.

Harold Jewett, the deputy district attorney for Contra Costa County, said that in the hearing he asked Fielding if she would agree to testify "truthfully" in her son's trial.

She said "yes" and he agreed to drop the charges, Jewett said.

Dyleski, who will be tried as an adult on first-degree murder charges, was arraigned Thursday. He did not enter a plea.

The hearing was continued until November 9 after his attorney withdrew from the case citing "financial considerations" and a previous association with the Dyleski family.

Dyleski is being held on $1 million bail, and a public defender will be assigned to represent him, the judge said.

A hearing on a defense request for a gag order is to be held November 10. Both sides in the case support the motion because of the intense publicity.

CNN.com-October 29, 2005