that means nothing. >> reporter: and scott dyleski's appeal was already turned down by the u.s. supreme court, so attorneys have filed what's called a habeas corpus petition in hopes that a judge will decide to reopen the case. but a date for a hearing has not yet been set. live in lafayette, nbc bay area news. >>> thank you. the small bay area town of row day yo which is north of richmond and west of martinez suffered its first homicide of the year. sheriff's deputies say there were two gunmen and they set up on either side of the street to wait for a victim to drive by. the victim, 22-year-old james newman, jr., left his home near after 10:00 last night. that's when the gunmen opened fire, sending people nearby ducking for cover. witnesses say it sounded like the gunmen went through two clips and then reloaded. newman was pronounced dead at the scene just a short time later. >>> livermore police are on the hunt for a man suspected of stealing from his neighbors at a storage facility.e customers and employe noticed a series of burglaries in may but the burglar tried to put on d

supreme courts have already rejected dyleski's appeals. but esther fielding is exhausting her life savings asking two attorneys to get a court to look again at the evidence. >> and that another individual, daniel horowitz, 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

dyleski's dna has found under vitale's fingernail and his bloody footprint was found inside the houserowitz says questions about his alibi are just one of a long list of fake and hurtful allegations. >> that is another made-up fact. everyone knows that i was with bob massey in the morning, with two retired police officers, a paralegal and a lawyer in the afternoon. >> reporter: and scott dyleski's appeal was already turned down by the u.s. supreme court so attorneys have filed what's called a habeas corpus petition in hopes that a judge will decide to reopen the case but a date for a hearing has not yet been set. monte francis, nbc bay area new. >>> new tonight at 6:00, you might have noticed a heavy dose of the chp on local freeways during this holiday weekend, and the numbers are in. dui arrests are down, but fatalities are up. two people were killed in the bay area during this memorial day weekend. statewide there was a total of 24. that's up from 17 last year. arrests were down, however, in the bay area. 218 dui arrests in all compared to last year's total of 227. >>> reports this

scott dyleski was 16 years old when he was convicted of the brutal 2005 murder of pamela vitale. now dyleski's lawyers say they have more than 100 pages of evidence that was 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 intensif

scott dyleski was just 16 years old when he was convicted of the brutal 2005 murder of pamela vitale. now his lawyers say they have compiled more than 100 pages of evidence they say was overlooked, including allegations of domestic abuse and arguments about the house that daniel horowitz, vitale's husband, were building. 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 pe