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Nancy Grace

The police investigation into the bludgeoning death of California defense attorney Daniel Horowitz`s wife intensifies.

Aired October 19, 2005 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

NANCY GRACE, HOST: Tonight, an exclusive look at the murder scene at the residence of attorney Daniel Horowitz, as police tonight intensify their search for the killer of his wife, Pamela Vitale. As you know, Daniel Horowitz, high-profile defense attorney. Tonight, Pamela`s killer still walks free. We have an exclusive look at the inside of that crime scene. What clues can we glean? Tonight, a Headline News exclusive.
Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us tonight. Tonight, an exclusive look at the crime scene where Pamela Vitale was brutally bludgeoned to death, seemingly as she went to the front door to answer it.

(BEGIN VIDEO CLIP)

DANIEL HOROWITZ, DEFENSE ATTORNEY: This is what Pamela would say. When she would show the house, she`d say, This is where I`m going to sit with the kids and the grandkids and talk to them about life. That`s what she would say about this space here. That`s her space, right here. Even though the kids are 28 and 30...

GRACE: The kids.

HOROWITZ: This is Marisa`s (ph) room and that`s Margo`s (ph) room. They got to choose them.

GRACE: And these two...

HOROWITZ: They`re all grown up.

(CROSSTALK)

GRACE: What, now, this is the...

HOROWITZ: That`s the bathroom.

GRACE: OK, shower. She already picked her faucets, too.

HOROWITZ: Yes. I mean, I guess everything -- I could just repeatedly say, And she picked that, and she picked that, because everything was to the smallest detail, she picked out.

(END VIDEO CLIP)

GRACE: That was a shot inside the dream home that Daniel Horowitz was building for his wife, Pamela Vitale. Tonight, we are live in California, broadcasting just outside the home of Daniel Horowitz and Pam Vitale, as the desperate search continues on for the killer of Horowitz`s wife, the investigation seemingly intensified. Four days after her body was discovered, no suspect has been named and no suspect ruled out.

(BEGIN VIDEO CLIP)

HOROWITZ: I`m driving home, you know, and then when I pull up, there`s her car. Now, at that point, that`s bad.

GRACE: Because she was supposed to be gone?

HOROWITZ: That was too late for her car to be there. So what goes on -- I don`t know if it happens with everybody, is I just justify, Well, maybe she`s just leaving later. So I said, I`m not going to run and panic. I`m going to my trunk, I`m going to get my computer and the groceries and I`m just going to go home like it`s a normal day.

Then, when I go up the stairs and I look at the door, then I see -- and this is where, like, I`m now going to -- it`s, like, unreal, OK? This is, like, the unreal part. I see smears on the door, but it`s not like blood, Nancy. It`s darker. But I know it`s not right. And I`ve been a lawyer for so long, I know it`s not right.

And I just reach for the doorknob and then I open the door. At that point, what you just see, what is this scene, for a second, my brain is telling myself, It`s just one of the crime scene photos you`ve been looking at all day. That`s the brain, but the body and the heart and everything knows.

And I don`t remember what I did. I just know I fell to the ground. And I saw her, and everything -- I understood everything that I could see. I took it all in, and I knew she was dead.

(END VIDEO CLIP)

GRACE: We now know that the body of Pamela Vitale has been released by the coroner. We still do not know the time of death. We have known all along the cause of death, a bludgeoning blow to the head.

I want to go straight out to Jim Moret, chief correspondent with "Inside Edition." Jim, what`s the latest?

JIM MORET, "INSIDE EDITION": Well, the latest -- this wasn`t just the first opportunity for your viewers to see the inside of the hilltop mansion that Daniel Horowitz and his wife, Pamela, were building. The crime scene was officially released today, and that means it was Daniel Horowitz`s first time going back to that scene since reporting his wife dead on Saturday afternoon.

Also, as you mentioned, Pamela`s body has been released to the family. That frees up the family to hold the services for Pamela that were scheduled for tomorrow afternoon. In addition, I understand that Pamela`s ex-husband and her two children have been at the police station, presumably getting the latest.

The police, meanwhile, had been very~ tight-lipped about this investigation. You remember, early on, on Monday, there were erroneous reports that someone was taken into custody. As it turns out, no one has been taken into custody thus far. There has been no suspect or person of interest named, but we are told that the investigation is pursuing, and as you mentioned, intensifying.

GRACE: Jim, what can you tell me regarding a neighbor giving a DNA sample through the form of hair?

MORET: Well, we understand that there`s been cooperation by people questioned by the police, including Joe Lynch, the person that was identified in the temporary restraining order which was filed but not followed up on by Daniel Horowitz and his wife. And we are told that DNA samples have been offered. Also, we`ve been told that Daniel Horowitz offered to give a polygraph if and when the sheriff`s department asks for one.

GRACE: I asked Daniel about why he carried a handgun. Take a listen.

(BEGIN VIDEO CLIP)

Much has been made of the fact that you occasionally carry a weapon. You`re a criminal lawyer. Explain.

HOROWITZ: It has nothing to do with my clients. In fact, I`ve had people calling from the prisons, getting their counselors to give them calls, you know, calling from -- my clients love me. It`s not them. I either had a gun because I had to do civil cases or just -- in the world I was in, there could be witnesses -- I just believed that people should be able to defend themselves. It`s just my belief, but it had nothing to do with my clients.

GRACE: In the business that we are in, have been in, prosecution and defense, do you worry at all that has seeped -- those people, that life, that world collided with your world?

HOROWITZ: Not in the sense that somebody from there did it. Sometimes, I would look at Pamela and I would just say, Why is she married to a criminal defense lawyer, dealing with all this kind of violence and ugliness? Why -- you know, Maybe we should have a world where we just help each other. And she saved a person`s life just a month ago...

GRACE: I know.

HOROWITZ: ... and that was the happiest time of -- that was what she loved. You know, she loved her children, so she loved...

GRACE: I know that story. Tell me. Tell me.

HOROWITZ: This house was all she wanted to build. And making me a media person and a successful lawyer and this...

GRACE: I know.

HOROWITZ: ... that was -- she managed all that. It was her hobbies that she took pleasure. But when our friend, Phil, got sick, she diagnosed what was wrong.

GRACE: He was with us. Phil? Come here.

HOROWITZ: And she just stopped everything, even though we wanted the house done so badly. There he is.

GRACE: She saved your life.

UNIDENTIFIED MALE: Yes, she did.

GRACE: Tell us, Daniel.

HOROWITZ: He was dying, and she knew what was wrong but couldn`t get the doctors to pay attention. And she Internet researched and called doctors and did everything. And she was sure she was right. And Phil was literally like an Alzheimer`s patient, and it seemed like he was days away. And she went to his doctors and said, You`re not keeping him. If you don`t transfer him -- and she named the finest hospital around -- we`re going to call Dr. Serowac (ph). My husband is Dan Horowitz, and you`re not going to get away with some cheap autopsy. He`s going to find that you committed malpractice and you`re going to get sued. You transfer him now.

GRACE: She said that?

HOROWITZ: Yes.

GRACE: And what happened?

HOROWITZ: They transferred Phil right away, and two days, later UCSF said (INAUDIBLE) confirmed the diagnosis. And they gave Phil the right treatment, and within days, he was back. And it was only a matter of weeks now, and he`s -- there`s Phil.

Bottom line is somebody came to the door, and she came to the door, and that door got pushed open.

GRACE: Was she dressed for the day, or was she still in her sleep clothes?

HOROWITZ: No, she was probably still in her sleep clothes. And then the door got shoved open, and the person came in and pushed her back. And I know Pamela because we`ve discussed it. We`ve agreed that in any time there`s (INAUDIBLE) any attack, we`d just fight like hell. We`re going to die fighting. We`re not going to die whimpering. And she was a lion like that. And I know she fought really hard, and I think she almost won.

GRACE: Why do you say that?

HOROWITZ: Because if that person pushed her all the way back, which I saw that it happened, and then where she fell...

GRACE: You could tell by where the furniture was that something had been moved back.

HOROWITZ: Yes, but where she was struck and where she fell was right by the front of the door, which tells me...

GRACE: That she`d been back and come forward.

HOROWITZ: ... she pushed that person back. And that person used an object, which the police say is a blunt force object -- and I saw the wound and I`m not going to describe it, but the police have done an excellent job investigating. And they`re giving out just what they think is appropriate. But that, right then there, I think she just went down to the ground.

And I don`t know -- I don`t think -- I want to believe that she did not suffer. I want to believe that she fought back as hard as she could, and that when he struck that blow -- and she didn`t suffer. I don`t know when she died or time of death or anything like that, but I can tell you this, this is just like a feeling. When I saw her face lying there, I feel that she went into whatever you go into, you fade (ph), that there was love in her face, like maybe she was thinking of her family because -- and I`m not just imaging this, not just from my own -- you know, make myself feel good. I really feel that that`s what happened.

(END VIDEO CLIP)

GRACE: Straight back out to Jim Moret, chief correspondent with "Inside Edition." Jim, the press has made much of the fact that the killer apparently took a shower in the home before leaving.

VELEZ-MITCHELL: That is a strange claim, and we don`t know if it`s correct. We did hear from Ivan Golde, Daniel Horowitz`s partner on the Polk case, that he is under the impression that the crime scene was cleaned up, whatever that means, in some attempt, perhaps, to clean up blood, DNA, any evidence that was around.

It`s eerie because it would indicate a person who was not in a hurry, someone who would know that they wouldn`t get caught and had all the time in the world, so to speak, to get out of that area.

GRACE: And you know -- Dr. Lawrence Kobilinsky is with us. Dr. Kobilinsky, when I was looking at the scene, you can see from a great distance away that there is only one car there, that car belonging to Pamela. So anyone would know that she was there by herself.

And as far as cleaning up the scene, Daniel took me inside the home today, and there were signs that police had done luminol tests for blood, for fingerprints in and around the door, inside the door. There was blood on the outside of the door. There was impact blood about four feet up on the wall, just inside the door. There was luminol and fingerprint testing in the bathroom. What does that say to you?

LAWRENCE KOBILINSKY, FORENSIC SCIENTIST: Well, they`ve obviously finished processing the scene, and there`s a great deal of evidence. We spoke about the perpetrator having taken a shower. It`s very likely that there`s hair that the police recovered, and with that hair comes DNA. That`s the kind of evidence that could be very helpful once the police have a suspect.

There are latent prints that may be around. I`m assuming that the perp did not wear gloves. We still do not have a weapon. We`re hearing that it might even be a household item that was used. But obviously, whatever that weapon is, whatever the geometry is has to fit the trauma to the head.

But this is a crime scene that`s been thoroughly processed. We now have the autopsy report. We don`t have all the information, but we also have a thorough police investigation. Putting all that together will ultimately lead us down the right path. Follow the evidence.

GRACE: To Jane Velez-Mitchell, investigative reporter. Jane, as we are waiting for police to divulge something, I have with me here a friend of the family and the ex of Pamela Vitale. Police are not releasing any information. What can you tell us, Jane?

JANE-VELEZ-MITCHELL, INVESTIGATIVE REPORTER: Well, they`re remaining very tight-lipped, as Jim Moret said. In fact, they haven`t said anything officially since their news conference on Monday afternoon, when they said the case is wide open and they have no suspects. They are, we are told, in the process of either interviewing or have interviewed more than 100 people, including all the construction workers working on that mansion, all the people who live in the neighborhood, key witnesses in the Susan Polk murder trial, and of course, Daniel Horowitz, the lead defense attorney for Susan Polk. They have also asked at least one individual, possibly more, to take polygraph tests. And they are waiting for the DNA evidence to come back. They are doing a lot of work. I think they know more than they`re saying.

(BEGIN VIDEO CLIP)

HOROWITZ: I know Pamela because we`ve discussed it. We`ve agreed that any time there`s, like, any attack, we`d just fight like hell. We`re going to die fighting. We`re not going to die whimpering. And she was a lion like that.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

HOROWITZ: You know, you scream. You cry. But I know I just basically sat with her, and I just told her, I love you, and, You`re beautiful, and you know, just whatever things you say to somebody you love because to me, at that point, all that was there was the person I love. I mean, it didn`t matter anymore you know, what was around her or the horror. I had so much time with Pamela, so I just looked at her face and it was beautiful.

(END VIDEO CLIP)

GRACE: Welcome back. We are live in California, as the search intensifies for the killer of Pamela Vitale, the wife of high-profile defense attorney Daniel Horowitz. Tonight, no official suspects, but no one ruled out.

Here with me, just outside the steps of Pamela and Daniel`s home, Mario Vitale, Senior. This is Pamela`s ex-husband. Now, that is a true attestation of how well she got along with people. Normally, after people have divorced, it`s not a pretty picture. Not so with you. You two remained friends.

MARIO VITALE, PAMELA VITALE`S EX-HUSBAND: After all these years. We divorced in 1977. We maintained a cordial, friendly relationship.

GRACE: How are the children doing tonight?

VITALE: It`s been a blow for them.

GRACE: How did you learn of Pamela`s death?

VITALE: Through the media. I got a call from my sister-in-law, actually, married to my brother. Apparently, somebody was going through their phone book looking for Vitales. And most of us are not listed, but my brother and my sister-in-law are. And apparently, it was a reporter, I guess, and they asked her if she was related to Pamela Vitale. And she goes, Yes, it`s my sister-in-law or former sister-in-law.

GRACE: So through a reporter?

VITALE: Yes. So my sister-in-law called me...

GRACE: Mario, how about your children, Pamela`s children?

VITALE: Apparently, they got the call from Daniel. And they left...

GRACE: I remember he told me that when he was waiting in the cop car, when the cops had first gotten there, he was so concerned that the press would report this before he could call the family. Did that happen with the children?

VITALE: No. Not that I know of.

GRACE: Well, that`s a relief.

Here also with me, a friend of Pamela`s and Daniel, Steve Mendelson. Tell me about their relationship.

STEVE MENDELSON, FRIEND OF HOROWITZ AND VITALE: A tremendous relationship, and a relationship that I hope that someday in my life, I have, a relationship that I -- probably the best relationship of anybody I`ve ever seen in my life.

GRACE: Why do you say that?

MENDELSON: She thought that he was the greatest guy in the world, the perfect man for her. She thought -- which is correct. He was a tremendous lawyer, you know, a warrior in the courtroom, kind and gentle and empathetic. And he felt the same way about her, that she was powerful and sweet at the same time, that she knew how to do things, that she was just tremendously competent, and that she was very attractive.

GRACE: We are showing you shots right now of the tour I took today -- actually, just a few moments ago -- with Daniel. That is inside the dream home he was building for Pamela Vitale. It had taken them two years so far. Pamela bludgeoned to death just yards away from this dream home and the little trailer home in which they were living.

I want to go back to Jane Velez-Mitchell. Jane, we know that a neighbor has handed over a hair sample to police. What else can you tell us? What else are police releasing about their search for the killer of Pam Vitale?

VELEZ-MITCHELL: Well, they`ve only mentioned two names, and that was in the Monday news conference. They mentioned Daniel Horowitz, which he himself knows is understandable. He is the husband. He was the person who discovered the body. That`s part of procedure. He`s aware of that. He says he doesn`t care, and he`s cooperating fully and very happy with the investigation.

And also, they mentioned the name of this neighbor, Joe Lynch, also not officially a suspect but somebody who`s cooperating they`ve questioned. The relationship with Joe Lynch goes way back. They`ve been there for decades. As you know, Dan Horowitz did file a restraining order but never served it on him. And Lynch insists that he had nothing to do with this and that recently, he`s gotten clean and sober and the relationship has improved, and says it`s ridiculous to suggest he`s involved.

(BEGIN VIDEO CLIP)

GRACE: I just keep thinking of you in the back seat of that car while she`s still in the trailer.

HOROWITZ: Yes. I kept saying...

GRACE: And the cops are...

HOROWITZ: I`m sorry. I kept saying, Can I just say good-bye to my wife one more time? Can I just walk over there? And they kept checking, Can he just go by? And they said, We`re sorry, we just can`t. We can`t let you back.

GRACE: Why?

HOROWITZ: Because it`s a crime scene. They`ve got to secure it. They can`t later on catch the person and have them, Oh, did you let Dan Horowitz walk back there? They can`t do that. They`re professional.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

GRACE: We are now back at the trailer where Pamela was murdered. Now, if you can see how close the trailer is to this dream home -- and let me tell you something, it is a dream. This is what Daniel Horowitz worked for, for years, long days in court, weekends, to build this for his bride.

Now, the perpetrator likely came right up here, knew exactly where he was going. I`ve been inside the trailer, and from the kitchen window, you could see someone coming up.

Now, we know Pamela was still in her nightshirt and undies, suggesting that this was a morning attack. Remember, Daniel Horowitz left around 7:00 AM to go work on a Saturday.

I am in front of the door. I`m shielding part of it. I promised Daniel that none of Pamela`s blood or anything of Pamela would be on this video. But I`ve been in and out the door, and the place of her death is immediately as you walk in the trailer door. So the theory that she was attacked right there is correct. There is the remnants of a pool of blood, blood on the wall, on the inside of the door. That is where the attack and the death all took place, right as she opened the door that morning.

Dr. Kobilinsky, significance of asking the neighbor for a hair sample?

KOBILINSKY: I think it`s very significant. They could have asked for blood or a cheek swab, but they asked for hair. And that tells me that they have evidence, they have hair, perhaps from the shower drain or perhaps from some other part of the house. They need to examine that, to prepare it, either through mitochondrial DNA or nuclear DNA.

(COMMERCIAL BREAK)

SUSAN HENDRICKS, CNN HEADLINE NEWS ANCHOR: Hi, everyone. I`m Susan Hendricks. Here`s your "Headline Prime Newsbreak."

Mandatory evacuations begin tomorrow in the Florida Keys as Hurricane Wilma approaches. The powerful Category 5 storm is now pounding the Yucatan Peninsula. Most forecasts show the storm is headed for Florida. Others have Wilma missing it entirely.

Experts are calling the findings of a breast cancer drug study revolutionary. It says Herceptin is highly effective against an early form of cancer. The drugs fights cancers found in about 20 percent of breast cancer patients.

U2 front-man Bono and President Bush met for lunch today at the White House. The two reportedly spoke about common priorities, including combating AIDS and lifting people out of poverty.

Starbucks is brewing a small controversy by putting quotes on cups of joe, specifically an upcoming one about God written by a reverend. Last month, Baylor University pulled the cups after objecting to a quote about homosexuality. Starbucks says the cups should encourage conversation.

That`s the news for now. I`m Susan Hendricks. Back to NANCY GRACE.

(BEGIN VIDEO CLIP)

GRACE: When did you know something was wrong?

HOROWITZ: When she didn`t pick up the phone during the day when I call her, because I always would call her. I just had this funny feeling, and maybe even a little bit, Nancy, that morning.

I don`t really know, just, if you believe in these things, but I had a funny feeling at breakfast.

GRACE: What happened? What happened? What started it? When did you start calling her and she didn`t answer?

HOROWITZ: I always call her, just sort of throughout the day. So probably, as I was leaving breakfast, you know, I just would call her on the way to work.

(END VIDEO CLIP)

GRACE: The search for the killer of Pam Vitale`s intensifies. Tonight, we are broadcasting live out of California, just outside the home of Pamela Vitale and Daniel Horowitz. Pamela bludgeoned to death right at the door of her trailer. Their dream home being built just a few yards away.

To Lauren Howard, psychotherapist. Lauren, significance of her at the door in her sleepwear?

LAUREN HOWARD, PSYCHOTHERAPIST: Well, we don`t want to go there, Nancy, but who answers the door? This is a woman living in a trailer where a lot of construction`s being done, so there are people around. Even though she lives in an isolated area, she`s accustomed to workers being around.

What would make someone answer a door in a t-shirt and panties, unless they knew who was behind that door and unless they were intimate with that person? I`m sorry.

GRACE: Well, on the other hand, Hillah Katz -- Hillah is a veteran trial lawyer -- you know your way around the courtroom. Hillah, what if -- I mean, I went to the home.

If you can pick it up, Elizabeth, there are windows around. You can see someone approaching.

What if she saw someone coming to the door and went to the door to lock it, to make sure it was locked, and then the person came in? That doesn`t necessarily mean she opened the door to someone in her sleepwear.

HILLAH KATZ, TRIAL ATTORNEY: No, not at all. I think that the condition that she was in says a lot about who she thought it was or, in addition to how she was trying to protect herself. And clearly, obviously, this incident happened first thing in the morning, before she was able to get dressed and go about her daily activities.

It would be interesting to know who would know what time Daniel left, who knew Pamela was still home, who recognized her car, and who was supposed to be on the grounds that day, perhaps working at the house.

GRACE: You know, another issue, Alex Sanchez, the fact that a neighbor was asked to give a hair sample brings up all types of DNA probative possibilities, but I distinctly noticed, when I went through the bathroom, that the drain was still in the bathtub. The drain had not been removed from the bathtub, nor the sink.

ALEX SANCHEZ, DEFENSE ATTORNEY: You know, I find that rather curious, because you would think the police would remove the drain and, if there was any blood in there -- for example, if the perpetrator of this offense for some reason decided to go and take a shower, and blood drained down into the trap, why wouldn`t they remove the trap, and examine the contents there, and possibly link it to someone else or the person that may have committed this offense?

GRACE: Yes.

SANCHEZ: But I think the police are conducting...

GRACE: Alex...

SANCHEZ: Yes, I think the police are conducting a very massive investigation here, because they know he`s a high-profile attorney and he`s very well-known in the justice system. And they want to cross all their t`s and dot their i`s, because they don`t want to be criticized later on down the road.

GRACE: On the other hand, Dr. Kobilinsky, we know that reports are the perp took a shower, which amazes me. On the other hand, if they found evidence -- you know, when a body is taken from a scene, the hands are normally wrapped in a paper bag, and a rubber band around the wrist.

So any evidence on the fingers, under the fingernails, will be preserved. There is a possibility they observed hair on her hand. It could be that simple.

LAWRENCE KOBILINSKY, FORENSIC SCIENTIST: It is certainly possible that she grabbed the perpetrator`s hair. It`s also possible that hair was found some place in the vicinity of the body.

But the likelihood is, is that the police did the job they were supposed to do, and removed the material from the top of the drain, realizing that there was hair, evidentiary hair, and this is the basis for making their comparison.

GRACE: Yes.

Let`s go straight out to Contra Costa Sheriff`s Department. Standing by, CNN correspondent Ted Rowlands.

Ted, what can you tell us tonight?

TED ROWLANDS, CNN CORRESPONDENT: Well, Nancy, clearly they are methodically building this case and awaiting, desperately awaiting, the results of forensic tests on evidence that they`ve pulled from the crime scene. Four days they were up there at that house. And you can imagine how much stuff they possibly could have brought back here.

I talked to an investigator today. And they say that that clearly is what they are waiting for, is lab results from the evidence that they have sent away. When that will come in, whether it`s tomorrow or later this week, or possibly even in the next week, we have to wait and see.

But no arrests, obviously, today, and no official updates. They`re not asking for the public`s help like they were before. They`re not putting out that 1-800 number.

So one might think that they`re clearly zeroing in and just waiting on physical evidence, building a lock-solid case before they make a move, which would also make one think that they don`t think that the suspect, if they have one, is a danger to society or they`re watching the individual very closely.

GRACE: You know, Ted Rowlands, it`s interesting what you mention about not publicizing the tip line anymore. Did you personally observe that?

ROWLANDS: Well, now, typically, with a lot of cases, a lot of times when they are stumped, when investigators are stumped, you`ll have daily briefings and they will urge the public continually if you`ve seen anything, if you`ve seen this.

They`ll sometimes bring out a photograph of something, or a license plate, "Help us along, help us along." We`re not seeing that here.

They did establish a tip line, and they say they are getting tips. But you don`t have this urging with the public -- they`re not asking for the public`s help, which might lead one to believe that they`re pretty focused. They know where they`re going. And it`s just a matter of building a case.

GRACE: We`re showing you a look at the trailer, the little home where they were living while building their real home. We`ve pixilated out the door at Daniel`s request, did not want Pamela`s blood to be publicized.

You see how remote the area is? No way is this a random crime. Take a listen to Daniel Horowitz`s thoughts on the home.

(BEGIN VIDEO CLIP)

GRACE: You told me earlier you are going to sell the house, pack your bags, and leave. I`m just wondering, why did you say that?

HOROWITZ: What I got left right now, as I see it...

GRACE: You know they can`t open the courthouse door without you.

HOROWITZ: Yes, they can, very easily. Truth is that there`s a lot of very, very fine lawyers. And I don`t know how I could be a lawyer.

I`m not going to kill myself. I love my family. If I had no family, then my life wouldn`t matter. But I do have family. And maybe I`ll start caring about myself more soon, too.

I understand that I will. But right now, there`s a lot of people who love me. And when I say family, I mean all of my friends, too.

GRACE: You understand that you will, what do you mean? Did somebody tell you that?

HOROWITZ: Yes. People tell me that I`ll feel, you know, better over time. I talked to you. I can say that. You`ve helped me. And I know.

I mean, I believe you. And I understand that it`s not going to ever go away, but I`ll be able to have a life of some sort.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

GRACE: What a view. This is from atop a mountain on which Horowitz had built a beautiful home for his wife, Pam Vitale. But just before they were ready to complete the construction and move into their dream home, she is bludgeoned to death right at the front door.

The irony is this peaceful and beautiful setting in which such a brutal murder occurred.

Welcome back, everybody. I`m Nancy Grace. We are live here in California as the search intensifies for the killer of Pamela Vitale. Thank you for being with us.

The funeral is set now for tomorrow afternoon, 2:00 p.m. Pacific. We know the coroner released the body to the family to prepare for the funeral.

I want to quickly go back out to Jim Moret. Jim, the fact that police are being so tight-lipped, it does fit hand-in-hand to the possibility they have DNA evidence. It takes at least three or four days to get even an artful response on that.

JIM MORET, CORRESPONDENT, "INSIDE EDITION": Well, sure, you`re right. And the fact is that we do know that, based upon the number of people that were up at that house, there are a wide variety of people that could have had access to that property.

Police don`t appear to be searching. But clearly they`re doing their work outside the public view, and they are waiting for forensic results. And it`s apparent that they seem to be moving forward. Perhaps they have an idea of what they`re looking for.

GRACE: Right.

Ted Rowlands, there at the Contra Costa Sheriff`s Department, Ted, I notice that several facts, serious facts, have apparently been leaked. For instance, the fact that the perpetrator took a shower in the home before leaving, very unusual behavior for a killer. Where`s the leak?

ROWLANDS: Well, that`s a good question. And you know, is that a fact or not? If you say you, yourself, went into the house and you thought that the drains were not removed, I mean, that sort of questions the legitimacy of that fact. That hasn`t been verified.

If it is, where is the leak? Who knows? Every department has some leaks, but I can tell you this one is pretty tight and it is difficult to get things out of investigators, even people very close to the investigation. They will tell you when something`s wrong, but they won`t go into details as to exactly what`s going on.

Clearly, they are building a case, though. I tell you it seems as though they are on the right track, or a track, and they feel confident. They`re not running around willy-nilly. They`re very devoted.

They`re here every night. They`re just leaving just within the last hour. And it seems as though they`re on track and just waiting for physical evidence to come back.

GRACE: Ted, my satellite went down for just a moment. What was the significance you thought of them not taking the drain?

ROWLANDS: Well, it makes me question the validity of that supposed leak where they say the killer took a shower at the house. Why wouldn`t they take the drain there? And they know what they`re doing here, so it makes me question whether that leak is accurate or not.

GRACE: Well, I also noticed, Ted -- and this is why I was looking so carefully -- that apparently they had tested for -- with Luminol and for fingerprints in the tub. So there must be something to it, although they neglected to take the drain.

So, Ted, you`re telling me that the cops are just now leaving?

ROWLANDS: Within the last hour, they left. And they come and go. And we actually just saw two people come in with a cooler full of beverages that they had out in the field. There`s a lot of activity here every day.

They come early and they leave late. So they are working. Where they were coming from now, they were obviously not up at the house, because they left the house. Who knows? But they`re still working long hours.

And obviously they put a lot of resources into this case. And they`re not going to pull the trigger, it seems, until they`re pretty sure and they get some of this physical evidence back.

GRACE: Yes. Ted Rowlands, have you heard -- can you confirm that Daniel Horowitz offered to take a polygraph?

ROWLANDS: I cannot confirm that. I do know that he has been cooperative. He says that, in the interview you did with him, that he doesn`t think he`s being looked at seriously.

The police do say that he has been fully cooperative. So, whether he volunteered the polygraph, we don`t know.

I will tell you one thing that we found out today, according to a source who`s knowledgeable about the investigation. They did watch your interview with Daniel Horowitz yesterday, and they did it on a professional level, obviously part of the investigation, which means that they are keeping all of their options open, as they do wait for the physical evidence to come back.

GRACE: Here is what Daniel had to say about their planned response, if an attack should ever take place.

(BEGIN VIDEO CLIP)

HOROWITZ: I know Pamela, because we`ve discussed it. We`ve agreed that in any time there`s a life -- any attack, we`d just fight like hell. We`re going to die fighting. We`re not going to die whimpering.

And she was a lion like that. And I know she fought really hard.

When I would come home, every day, no matter how hard our day was or what went on, there was always love in her eyes and face. And I`m not just saying a phony thing. I mean, there was just love. If you have a picture of her, every picture that you ever have of her has love.

And I came home every day to that, every single day. That`s what I remember.

(END VIDEO CLIP)

GRACE: Dr. Lawrence Kobilinsky, I think that it will be a great aid to police once they determine the time of death. What do you think?

KOBILINSKY: I totally agree with you, because once we have established time of death, then we can check people`s alibis. We can either exclude individuals or, perhaps, include them.

For example, if Dan Horowitz was in the presence of another individual at that time that was determined to be time of death, then he would be excluded. We`re waiting to see that happen.

Of course, the time of death is a range of time. It`s not a precise time. It`s measured, you know, plus or minus an hour or so.

But there are several ways that the medical examiner does this. And it is definitely in the autopsy report, although they haven`t revealed it, because it`s an important piece of information.

GRACE: I want to go out to Jim Moret regarding this temporary restraining order. It was drawn up and filed, never served, on neighbor Joe Lynch.

Lynch not a suspect tonight. He apparently has given a hair sample to police, well as speaking to them.

You know, this TRO is very, very revealing. It outlines that Joe Lynch has had a lot of drug and alcohol problems and that he seems to be under the misconception that everyone is out to get him, that he has been violent, as far as other neighbors go.

Other neighbors have apparently had the same type of problems with Lynch. Apparently, he ended up at the home of Gerry Wheeler (ph), kicked the door down, and started screaming, even crashed the Wheelers` (ph) car on purpose -- Jim?

MORET: Well, you`re right. And it wasn`t just Daniel Horowitz and his wife that filed papers. There was another couple near that area, other neighbors, that filed papers.

And they paint a picture of somebody who is potentially and, in fact, on some occasions violent and unpredictable. And according to these documents, they claim that he was often under the influence of drugs or alcohol.

And because of that, he was perceived as a threat. But that is what led up to the erroneous report on Monday that he was arrested. And he was clearly identified rather quickly as a suspect.

It doesn`t mean he isn`t still a suspect, but he`s not officially a suspect or officially a person of interest by police. But you can be sure that they are looking at this person, among other people.

GRACE: And, of course, he has totally denied any involvement. In fact, his official statement, "I am innocent. I have not been on the premises. I didn`t do it," says Joe Lynch.

Hillah Katz, in light of the fact that Horowitz has volunteered to take a polygraph, remember, that was a real stumper in the Scott Peterson case and in many other cases where a spouse or boyfriend will always have an excuse why they can`t get a polygraph.

KATZ: Right. Oh, I think the fact that Mr. Horowitz has agreed to give that polygraph shows just how cooperative he`s being. And you can hear from everything that he`s told you and all of the other media reports that he`s given, is he is 100 percent behind the police in this investigation, in every way, shape or form.

And he`s done what he can do to prove his innocence and to assist the police in making sure that they find the person who actually killed his wife.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

HOROWITZ: I want to believe that she did not suffer. I want to believe that she fought back as hard as she could and that, when he struck that blow, then she didn`t suffer.

(END VIDEO CLIP)

GRACE: Outside the home of Pam and Daniel, this car still parked, clearly, as you can see, the darkened powder along it, prints taken. Will they be matched up?

Here with me, outside the home of Daniel Horowitz and Pam Vitale, her former husband as well as a very dear family friend, Mario Vitale.

What are your thoughts, as you are hearing this broadcast, about Pamela`s death?

MARIO VITALE, PAMELA VITALE`S EX-HUSBAND: Well, right now, my heart goes out to Pamela`s parents, who I love very dearly, Pamela`s sister, Tammy, who is devastated by this terrible incident, our children, Mario, Jr., and Marissa, who are extremely devastated.

GRACE: Steve?

STEVE MENDELSON, FRIEND OF DANIEL HOROWITZ AND PAM VITALE: Well, the one thing that I haven`t heard anybody talk about much is that Pamela was about 5`11". She was extremely fit. And, if I`m correct, she studied martial arts at one point. So the attacker probably had to be fairly strong or have a large element of surprise.

GRACE: That`s a really good point, something the rest of us didn`t know. You`re seeing scenes outside the trailer where Pamela was bludgeoned to death.

I want to thank all of my guests tonight. We are broadcasting live here out of California, just outside the dream home that Pamela Vitale was building to grow old with her husband, high-profile defense attorney Daniel Horowitz.

My biggest thank you, of course, is to you for being with us, inviting all of us into your homes. Coming up, headlines from all around the world, Larry on CNN.

I`m Nancy Grace signing off for tonight. I hope to see you right here tomorrow night 8:00 sharp Eastern. And until then, good night, friend.

(BEGIN VIDEO CLIP)

HOROWITZ: I know her. First of all, I know that, when you`re dying like that, that if it`s loss of blood, it`s not painful. And the other thing I just know is I know her looks. And I don`t know. I don`t know, Nancy.

Maybe I`m just trying to make myself feel good, but I just feel that she died with love, you know, knowing she was loved.

(END VIDEO CLIP)

END