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

, 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

horowitz 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 a breathalyzer used by south bay law enforcement might be faulty has given hundreds of dui suspects h

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. then this little core is actually going to cross to our north and then our next system dives into the ba

. >> 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

. >> 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,

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

there's you, david horowitz, the rise of the media. maybe a few others but you are a tiny coalition against a huge journalistic pale and that says not a problem. not a problem. the problem with these guys is they come from a position of intolerance, and yet, one of the things i notice in this book is nothing that you say is not backed up by facts. in many cases it is verses within dhaka koran. this has got to be frustrating for somebody like you for somebody that has been on this case for ten years and in many ways for further away from understanding our in any from falling what you said we have to do. does that mean we don't understand ourselves in this country? >> guest: yes. you just summed it up. there is a complete -- we live in the greatest nation, the greatest civilization in the history of mankind. america but also the judeo-christian western civilization. there is such shame on man, such guilt we have suppressed the muslim world. we are the imperialists aggressor. we have oppressed muslims throughout the world and a force for

horowitz points out all the forensic evidence still links this man to the crime including the dna under vitale's fingernails and his bloody footprints inside the house. they were neighborhoods. >>> you heard the debate if cell phones call cause cancer. while the world's leading health organization are saying you might want to take the warnings a little more seriously. >> my decision is -- lilly! >> a big pause there. the bay area singer moves ahead on "the voice." tonight we're one-on-one with lilly from marin county to the national stage. sees why she's crediting a bay area nonprofit for helping shape her career. >>> and you can't download it until tomorrow but tonight we're giving you a sneak peek of the hottest video game "empires and allies" just hours from reality. >>> and i'm your chief meteorologist jeff raneri. well above averageainfall and only 65 in san jose. ch largesystem coming our a are war y. details in minutes. y. >>> i may be time for the ear bud. there's a possible link between cancer and cell phone use. the world health organization, the arm of the united nations says

there were on the scene to provide aid and rescue work passes by able to pull out to make credibly horowitz acts to to drag people out of the plane before it burst into flames i carry three people out of iraq each one was either a girl or a woman i could not sell but she was larger than the man he was hard to see was dark then there was a man he also was unhappy he was larger than me and we carried out two more people from the wreckage in the middle of the road another man reached out his hand towards me but i couldn't make it to him everything starts exploding i could not get any closer everything was engulfed by fire so very survivors are in a pretty bad state several of them are said to be in a critical condition five being allowed to be flown back here to moscow where they'll receive further treatment however three on able to travel due to the country should what they're in. we've received six patients with physical trauma men women and a sixteen year old girl four of them are in a critical condition we're doing what we can huge too early to make any prognosis hearing their doctors doin

. >>> the victim's husband isle profile attorney -- the attorneys tell ktvu rita williams horowitz hasa motive. >> a terrible injustice has been done. >> reporter: that injustice his attorneys say is that the teenager was wrongly convicted. >> there's no question scott deleski brutally murdered pamela. carved his symbols on the back and tried to carve out her liver while her heart was still beating. >> reporter: my son - - >> my son is innocent. >> there are a great number of questions that have never been answered. >> reporter: the attorneys have now filed a petition for a new trial. saying that even the attorneys ignored evident. >> 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 attorneys person say they found a recorded phone conversation alleging abuse. the petition is considered a long shot. a similar appeal was thrown out by the supreme court a year ago. rita williams, ktvu channel 2 news. >>> she's not in the running yet but sarah palin sure acte

. >>> the victim's husband isle profile attorney -- the attorneys tell ktvu rita williams horowitz hasa motive. >> a terrible injustice has been done. >> reporter: that injustice his attorneys say is that the teenager was wrongly convicted. >> there's no question scott deleski brutally murdered pamela. carved his symbols on the back and tried to carve out her liver while her heart was still beating. >> reporter: my son - - >> my son is innocent. >> there are a great number of questions that have never been answered. >> reporter: the attorneys have now filed a petition for a new trial. saying that even the attorneys ignored evident. >> 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 attorneys person say they found a recorded phone conversation alleging abuse. the petition is considered a long shot. a similar appeal was thrown out by the supreme court a year ago. rita williams, ktvu channel 2 news. >>> she's not in the running yet but sarah palin sure acte

on and got the point i said i'm a journalist and ready to throw my hat in the ring to read david horowitzgave me my first shot and it's been a fun ride since. >> host: you have to admit you are a small and elite group of journalists that go after this thomas patrick pool maybe a few others but you are a tiny coalition against a huge journalistic pale light that says no problem, not a problem. the problem with guys like stakelbeck is to come from the position of intolerance, and yet one of the things i notice in this book is nothing that you see is not backed up by facts and many cases by forces within the koran. this has got to be frustrating for somebody like you who has been on this case for ten years and in many ways were further away from understanding of enemy from falling what you said we have to do. does that mean we don't understand ourselves in this country? >> guest: yes. you just summed it up. there is a complete -- we live in the greatest nation, the greatest civilization in the history of mankind. america but also the judeo-christian civilization. there is such sheen on the p

. >> reporter: that was the day moses horowitz was born in brooklyn, new york.man with a bowl- shaped haircut he drifted into vaudeville and adopted the stage name mo howard. >> that's not the place. >> there it is. >> reporter: in the 1930s he hit the big time when he and a younger brother jerome, stage name curly, and fellow valued jillian larry fine won a hollywood contract as the three stooges. >> i'm a victim of circumstance. >> who are you hitting? >> osgood: over the years the stooges slapped and wise-guyed their way through nearly 200 comic shorts with a no holes barred style that was all their own. >> just a second now. >> now, ready. hold it. >> hello. >> oh, hello. >> reporter: mo's older brother schemp took curly's place in 1946. there was a few other changes, the stooges soldiered on. in 1973 mo and his signature haircut even made an appearance on the mike douglas show. mo howard died in 1975 at the age of 77. >> what's going on here. >> osgood: but the stooges live on to this day in reruns not to mention the three stooges movie throughout next year