, was likely the perpetrator in this case. >> reporter: well known attorney daniel horowitz was married to her at the time. the attorney says evidence shows the killer was familiar with the house and victim and that he cleaned up after the attack. they say evidence was mishandled and vitale's husband's alibi was not thoroughly verified. they admit their case is largely circumstancial and we asked for details. >> again, that's -- that's -- there's so much that it's -- it's difficult to, uhm, to articulate. >> reporter: the claim is that police and the prosecutor were corrupt and that the defense attorneys were incompetent that an interview about possible domestic violence was ignored. >> they are actually making up scenarios without any phys. ed., without any statements, without any reason, making up physical evidence. they are just basically floating internet theories hoping to create a conspiracy buzz. >> reporter: daniel horowitz says attempts to free convicted murderers by pointing the finger at someone else is usual. he says there is zero chance the petition will be successful. >> s

the victim's husband, high profile attorney daniel horowitz. let's bring in our reporter who spoke to horowitz a short time ago about these new accusations. you join us from lafayette. this was a gripping story involving a teenager years ago. did they jail the wrong person? >> reporter: daniel horowitz calls this new evidence completely made up but attorneys for scott dyleski are hoping a judge thinks otherwise. injoed by scott dyleski's mother, defense attorneys have announced they've compiled more than 100 pages of sirk many stan shal evidence which they say casts doubt on their client's conviction for the brutal murder of pamela vitale in 2005. >> the jury was never given enough facts to make an informed decision and emotions were so high. >> reporter: a jury convicted the then-16-year-old dyleski and he's now serving a life sentence without the possibility of parole. among the so-called new evidence are allegations from vitale's sister of domestic abuse which attorneys say were overlooked during the trial. >> this evidence was ignored. it w

. >> indicated that he was innocent and another individual, daniel horowitz, was likely the perpetrator. >> there was no question that scott gillespie bruli murdered the woman -- brutally murdered the woman. >>> a standard cisco man was convicted of second-degree murder -- san francisco man was convicted of second-degree murder. they say that it can shot 18- year-old michael price. sentencing is scheduled for july 8th. >>> obviously nature cannot read the calendar, especially when it comes to the weather. many out-of-town visitors try to put on a happy face. >> reporter: today's weather felt a lot more like march than the last day of may. >> it should be summer time. memorial day was yesterday and is freezing. >> reporter: some scrambled to buy umbrellas. >> i was hoping that someone would start but i guess not. >> reporter: the general consensus, the rain has got to go. forecasters say the rain will stick around this week and it may be wetter this weekend. >> lousy. >> reporter: is to us couple from london say they did not have a plan for wet weather. >> what do you think of the rain?

. >> reporter: daniel horowitz says pointing to someone else is routine and that his celebrity statuse only thing that makes this thing unusual. he says the idea he killed his wife over financial troubles surrounding the home they were building is false and says there is zero chance that this petition will be successful. >> scott's d.n.a. was under her finger nail. his footprint was in the house. her blood was found in the very van that the mother was in the process of removing that evidence to destroy it. >> reporter: we asked the attorneys if they thought daniel horowitz was the killer and they backed down and said there was compelling evidence. >> reporter: i asked if daniel was suing for slander and he said he didn't want to make the other attorneys famous. >> all right. ann notarangelo, thank you. >>> after two flash floods capitola was devastated. tonight the rebuilding process goes on. but as mark sayre says city leaders are hoping for federal aid that may never come. >> reporter: when flooding lit in march nobody could have known how extensive all the damage would be. in fact,

daniel horowitz says defense attorneys for scott dyleski are grasping at straws, using lies to cast doubttheir client's conviction for the brutal murder of horowitz's wife, pamela vitale, in 2005. >> this is a run-of-the-mill set of allegations, fake as can be. all of the facts that i've read are false. >> reporter: among the so-called new evidence are allegations of domestic abuse, which dyleski's mother says were never presented to the jury. >> this information was buried in the boxes that were turned over to these women and never even looked at by either counsel. >> this evidence was ignored. it was ignored by the police, it was ignored by the prosecution, and it was ignored by defense counsel. >> reporter: attorneys theorize horowitz and vitale had been arguing and horowitz was angry about changes vitale made to the flooring. >> there was no rocky relationship and there was no abuse. the thing that i recall is this. this is who was killed. this is who is being attacked, along with me. >> reporter: a jury convicted dyleski, then 16 years old, and he's now serving out a life sentence wi

ktvu's rita williams talked to that husband, attorney daniel horowitz. >> delenski was convicted of killing vatali6 years ago when he was only 16 years old. >> there's no question scott delenski brutally murdered pamela, carved his symbol on his back and tried to carve out her liver while her heart was still beating. >> my son is innocent. >> reporter: deleski's mother stood by his attorneys that she says she spent her life savings to hire. the attorneys say they will work for free if they have to to prove their client is not guilty. >> they were having a lot of difficulties. >> there was no rocky relationship and there was no abuse. >> reporter: now scott deleski is serving a life term in prison. he drew a following during his trial. deleski's latest allegations of innocence are just an attempt to quote create a conspiracy buzz on the internet say the plaintiff's attorney. >>> people are using fewer gallons of water every day than they have in years. so why are rates going up? i'm live with the two factors that could face you to pay more. >>> should police be able to search your cell phone

daniel horowitz meantime says the accusations are false and hurtful. >>> 5:39 right now. what is with the weather? i don't even know what to say to you, young lady. not that it's your fault. you're only the messenger. >> slap my wrist after this. good morning to you. we're looking pretty good. we've got some showers right now. they're light, they are spotty, nothing widespread just yet. we are expecting that wide spread action probably around 9:00 a.m. in the north bay, looking more like 11:00 a.m. for the rest of the bay area. as i conf-- this storm is about miles offshore and will reach daly city by 9:30 this morning. it's going to continue to pump rain into the bay area all morning long. there's that front, 9:00 a.m. it moves inland, your futurecast isn't always perfectly accurate but basically i am in agreement with the futurecast that it's going to rain today between about 11:00 a.m. and 1:00 p.m. after that the clouds will start to break apart a little bit. if you want to walk the dog, take the trash out, you can do so. we keep running your futurecast. it looks like

overlooked, including allegations that the woman was physically abused by her husband, attorney daniel horowitz. horowitz says these accusations are false and hurtful. >> there was no rocky relationship and there was no abuse. i mean the thing that i recall is this. this is who was killed. this is who was being attacked. >> now, horowitz also points out that all of the forensic evidence still lynx dyleski to the crime including vitale's dna under his finger nails and his bloody footprint inside the house. >>> let's check back in with christina. >> good morning to you. you want to give yourself plenty of time this morning. the first front came through yesterday. it tapped into that subtropical moisture. that's why we saw so much rain yesterday along the peninsula, especially the south peninsula and the south bay. now, for today in the east bay we'll see spotty showers to start you out. the action will intensify. it looks like the timing of this thing is speeding up a little bit so that looks like as we head through probably now and 11:00, we'll see that front come through. here it is right here.

. >> that indicated that he was innocent antethat another individual, daniel horowitz was likely the perpetrator in this case. >> and this happens. this is how the legal system works. you file these petitions, i don't but attorneys do. trying to blame someone other than their client to get a guilty person free. >> reporter: the new attorney say part of the evidence not reviewed before was a police interview patali's sister alleging prior spousal abuse by horowitz. the petition is considered a long shot. another appeal was shot down a year ago but now these attorneys allege that the first appeal was faulty. >> people in authority have died. ignored, and covered up the truth. >> it's the lies of scott peleski and his mother as far as i can tell. >> reporter: i'll have more on those allegations and daniel harwitz responds at 6:00. rita williams, ktvu. >>> former b.a.r.t. police officer mehserle is getting ready to leave jail next week. having served 11 months of a two year sentence. last year a jury found mehserle. mehserle's attorney says his client will go into sales or business follo