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NANCY GRACE

New Details About Murder of Pamela Vitale Revealed; 27-Year-Old California Woman Missing

Aired October 25, 2005 - 20:00:00   ET

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


NANCY GRACE, HOST: Tonight, breaking news. New and disturbing, gruesome details revealed in the murder of Pamela Vitale, wife of high- profile criminal defense attorney Daniel Horowitz. Pamela Vitale, beaten, stabbed by her attacker. Tonight, official search warrants reveal her attacker was gloved and also left behind key forensic evidence.
And tonight, 27-year-old California woman missing. Christie Wilson last seen leaving a casino October 5. Tonight, we roll surveillance video of her for you. And tonight, a possible suspect.

Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us.

Tonight, breaking news. A possible suspect in the disappearance three weeks ago of Christie Wilson. Sheriff`s officials say a hair found in suspect Mario Garcia`s car matches Wilson.

But first tonight, breaking news in the brutal bludgeoning death of Pamela Vitale, wife of California criminal defense attorney Daniel Horowitz. Warrants reveal Pamela beaten and stabbed by a gloved attacker, suspect Scott Dyleski. Forensic evidence amassing as we speak.

(BEGIN VIDEO CLIP)

HAROLD JEWETT, CONTRA COSTA ASSISTANT D.A.: It is obvious, independent of the attention that this case has brought, that this is a brutal homicide. And because he is very close to his 17th birthday, we believe that it`s a situation where he is not entitled to protections afforded him under the juvenile law and it`s appropriate to prosecute him as an adult. And that`s what we`ve done.

(END VIDEO CLIP)

GRACE: I`m going to go straight out to attorney and managing editor of TMZ.com, Harvey Levin. Harvey, bring us up-to-date.

HARVEY LEVIN, MANAGING EDITOR, TMZ.COM: Well, these details are -- the best way I can describe it is Manson-esque. I mean, this was a horribly brutal murder.

Not only was this woman hit with crown molding 39 times, but she was stabbed in the stomach. There was a four-inch stab wound in her stomach. She had stab marks on her legs.

This woman -- it was a vicious, violent murder. And as you said, one of the stunning things here is that -- and I find perplexing, Nancy -- is that the cops are now saying that they have gloves. And obviously, gloves suggest premeditation, that somebody was going over there with a purpose.

But Nancy, what really I find startlingly perplexing is, on the one hand, gloves suggests pre-meditation. On the other hand, if you`re going to kill somebody, I doubt the weapon of choice is crown molding. And, you know, there are so many inconsistencies here.

And also, if the cops are right, the working theory that this was a credit card fraud scam that went awry, how does a fraud like that, a nonviolent crime, turn into a vicious, brutal murder? So I think there are some real unanswered questions, based on the evidence, which, by the way, includes a bloody footprint.

GRACE: Well, as I was looking around the home and the scene of the murder with Daniel Horowitz, this is what I noticed.

(BEGIN VIDEO CLIP)

GRACE: A lot of the construction materials are strewn around that she was looking at and picking. This was a temporary residence for them.

The finishings that she was looking, and a lot of that incorporated into their dream home. Objects, tiles, we don`t know what the murder weapon was. Pamela was bludgeoned to death about the head.

A lot of this construction material was laying around. I don`t know if police have seized any of it. Let`s keep looking.

I know it`s far-fetched, but I`m looking at all of this construction litter, not that I think a killer would slow down long enough to discard something here, but this place is just a huge scene. There`s a lot to be processed.

(END VIDEO CLIP)

GRACE: Straight back to Harvey Levin. Harvey, tell me what you can tonight about neighbors and about a possible motive.

LEVIN: Well, one of the neighbors contacted the police, Nancy, a neighbor whose credit card was stolen. And she apparently found out that there was this equipment that`s used to process marijuana that was purchased using her credit card number. And it was supposed to be sent to the Horowitz`s address.

And when she realized the murder had occurred, she contacted the cops and said, "Look, I have a feeling this could be part of the whole murder scenario here, because these goods were supposed to be shipped there."

The credit card company realized it was a fraud and never sent it there, but it was supposed to be sent there. On top of that, I`m told that one of these neighbors noticed that this kid had scratch marks on his face, so, when you kind of put those two together, that`s when you kind of start zeroing in and wondering what`s going on in this case.

GRACE: Right. You know, I`m looking through our latest document search warrant and a return on the search warrant, include an affidavit about what was found at the scene of the crime, things that I missed. Remember, I went there with Daniel after police had already processed the scene and released it.

What can you tell me, Harvey, about a bloody footprint police removed from the crime scene?

LEVIN: It was on some kind of a barrel. And they did find something there. And, Nancy, as you know, I mean, that can just be telltale evidence, you know, on several different levels, because, number one, you have blood.

And if this -- you know, if the assailant in any way was cut where he was bleeding and that blood shows up in the blood mix there, that kind of DNA is extremely powerful, as is a shoeprint -- or a boot print could also be extremely incriminating, especially if they have some kind of match from what they seized at this kid`s house.

I mean, they seized computers. They seized a knife. They seized a duffel bag. So they did walk away with some evidence from this kid`s house. The question is, does it match?

And they`re going to clearly get some kind of a hair sample out of all of this. And, you know, if this kid did it, it seems that the cops are going to be able to show one way or the other that the evidence points to him.

GRACE: You know, also with us tonight, Dr. Lawrence Kobilinsky, a forensic scientist.

Dr. Kobilinsky, I`m taking a look at what was taken and what was expected to be found at the crime scene. I noticed, when I was there with Daniel looking around the crime scene, that there was a wet rectangle in front of the front door. And it looked to me like the front doormat had been taken.

I also see that the mat in the bathroom has been taken. And I remember Daniel telling me, "She got up, and she had breakfast, and this thing happened," but he would not expand on it, Doctor.

Now, when I look at what was taken from the home, I see a soup bowl, which would hold cereal, two mugs, both covered in blood stains. I see shower curtain with bloodstain on it. That confirms that the perp took a shower.

Antenna with blood stains. The TV holder was moved away, the antenna had been taken. Carpet with blood stains. A purse of Pam Vitale`s, a day- timer of Pam Vitale`s, and another thing that I`m seeing is that they took fingernail clippings from her body.

Now, Dr. Kobilinsky, you are an expert in forensics. Put it together for us with what you know of what was taken.

LAWRENCE KOBILINSKY, FORENSIC SCIENTIST: Well, Nancy, that`s precisely what the prosecution has to do. They have to go through the events, from the time the individual entered the house, got into a battle.

She was pushed back and forth. The television was moved. The blood is essentially a trail of where the assailant went. We know he had a drink out of a glass in the kitchen, I believe. We know he took a shower. So all of this evidence, plus the fact that there are shoeprints on a barrel, tells us precisely step-by-step over a period of time exactly what he did.

GRACE: I still say, if the Simpson jury had had evidence of the shoe prints, I think there may have been a different verdict. Not sure about that, but here we are actually seeing bloody shoeprint evidence. If those shoes have been recovered -- here`s what the prosecutor had to say.

(BEGIN VIDEO CLIP)

JEWETT: The charges are murder, and there is an enhancement for the use of a bludgeon, so the maximum possible penalty is 26 years to life in prison.

No minor, under any circumstances, is ever eligible for the death penalty. And with respect to what I`m anticipating your next question to be, like I said, the investigation is ongoing. And the question of whether or not special circumstances are appropriate or will be filed will be decided at a later time.

(END VIDEO CLIP)

GRACE: Joining us now by phone, a very special guest that actually lived with the 16-year-old young man who is now a suspect in the bludgeoning death of Pamela Vitale. She rented a room from the family with which she was living.

Joining is, Elena Dziadevitch. Thank you for being with us, ma`am. Ms. Dziadevitch, are you with us?

ELENA DZIADEVITCH, LIVED IN SAME HOUSE AS SUSPECT: Yes, I am.

GRACE: Thank you for being with us. What can you tell us about Scott Dyleski?

DZIADEVITCH: I remember Scott as being a very kind, nice, kind of humble, quiet person, not someone who could do something like that. I just could not believe when I saw his picture in the newspaper and I said, "That`s not Scott. It doesn`t even look like him. That doesn`t look like Scott that I knew."

GRACE: When you see the changes that he went through, as he became darker and darker, deeper and deeper into this Goth lifestyle, does that change your opinion of him?

DZIADEVITCH: I knew about that side of his personality. But honestly, that didn`t really change how he was with other people. He was still very kind and respectful. He used to baby-sit my children once in a while. And he was very nurturing with my children.

I know that he loved animals. He helped his mother keep their animals and take care of the animals. And I just could never imagine that he was somebody capable of doing something like that.

It`s very, very difficult for all of us who knew him to accept that there is evidence against him, because we didn`t know him as a bad person. He was a nice person. He was somewhat quiet, and he wasn`t really talkative, but, with the people that knew him, he was very friendly and kind.

GRACE: Now, everyone, with us, a very special guest, who actually rented a room with the family with which Dyleski lived, Elena Dziadevitch is with us. You stated that you saw changes in his personality. What were they?

DZIADEVITCH: The first time I noticed changes in him was around 2003, the beginning of 2003. He dyed his hair black. And I just thought that`s how he wanted to express his personality.

GRACE: What about his bedroom?

DZIADEVITCH: His bedroom became dark. And he was a lot into Marilyn Manson. He used to put his posters and photographs on the walls of his room, and he put dark curtains over his window.

There was never sunlight in his room. And it was kind of a creepy room, but other than that, I could just say that he was a very quiet person, not a very social person, not very talkative.

GRACE: When you say he was not very social, what do you mean?

DZIADEVITCH: He did not easily open up to strangers.

GRACE: Did he date?

DZIADEVITCH: I have no recollection of any dating experiences in his life. I...

GRACE: So did you ever see him go out on a date? Did he ever talk about a normal social life?

DZIADEVITCH: He had a handful of friends, but I have never heard about him going out on a date.

GRACE: Mrs. Dziadevitch, what was your first thought when you heard Scott Dyleski arrested for Pamela`s murder?

DZIADEVITCH: My first thought -- I saw his picture in the "Contra Costa Times," and I said, "That`s not Scott." And my boyfriend said, "That`s Scott." I said, "That`s not him. That looks somewhat like him, but that`s not him."

And then I read the name, and I said, "That`s not him. That`s a different Scott." And it took me about half an hour to realize that it was really him.

GRACE: Ms. Dziadevitch, what do you think about these accusations that he had planned an enterprise through which he would start a marijuana business?

DZIADEVITCH: I had no knowledge about anything like that. I didn`t know he was into marijuana.

GRACE: With us tonight, Elena Dziadevitch. She actually rented a room in the home in which murder-one suspect Scott Dyleski lived. He`s now living behind bars. He`s under arrest for the murder of Pamela Vitale, the wife of our friend and colleague, Daniel Horowitz.

We`ll be right back, but very quickly to tonight`s "Case Alert." Intense opposition to Harriet Miers` nomination to the U.S. Supreme Court heating up. Bush refuses to say he`s working on a plan for her withdrawal as a nominee. Also refusing to disclose documents Miers wrote while serving in the White House.

Also, remember Tiny Tots Daycare? Owner Sabine Bieber`s attorneys want her conviction for the death of a 1-year-old baby boy thrown out, but the judge says, "No way." Remember, Bieber gave little Dane a deadly dose of cough medicine to make him be quiet and go to sleep. Traces of that same medicine found in the diapers of other children at Bieber`s daycare that day. Sentencing later this week.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

DANIEL HOROWITZ, DEFENSE ATTORNEY: I don`t know what she died, or the time of death, or anything like that, but I will 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, as you fade, that there was love in her face, like maybe she was thinking of her family.

JIMMY LEE, SPOKESMAN FOR CONTRA COSTA COUNTY SHERIFF`S DEPARTMENT: Although we have a suspect in custody, the investigation is still going on. Much more work still needs to be done. As I speak right now, we are still interviewing people. We are still trying to establish the exact motive.

(END VIDEO CLIP)

GRACE: Tonight, stunning details revealed from the search warrant and the return on that warrant. Still, why have cops brought scent dogs, tracking dogs to the location of Horowitz`s estate? Are they looking for yet another perpetrator? Did 16-year-old Scott Dyleski act alone?

I want to go straight out to Lisa Wayne, criminal defense attorney. Lisa, what`s your take on the new details revealed in the search warrant, for instance the fact that Pamela Vitale`s killer used gloves? Now, that is premeditation.

LISA WAYNE, DEFENSE ATTORNEY: No, I don`t think so, Nancy. I mean, this kid has been described -- if this kid, in fact, the evidence, the forensic evidence suggests that he`s the one who actually did the killing, everybody`s described him as being in this Goth situation...

GRACE: But I asked you about the glove.

(CROSSTALK)

GRACE: Do me a favor. Hold your hands up right now, Lisa Wayne.

WAYNE: No.

GRACE: You don`t have on gloves, do you?

WAYNE: Nancy, I`m not into Goth, but everybody knows this...

GRACE: OK, if you`re not going to answer...

WAYNE: ... if you do these cases, these kids wear gloves. They wear dark clothing. They wear dark hats. That`s part of the makeup of Goth kids. So that doesn`t go to pre-medication. It`s complete speculation. It simply goes to the wardrobe that these kids wear.

GRACE: Oh, like your theory on what he was wearing that day, like you`ve got scientific evidence of what he was wearing the day of the murder?

WAYNE: I think it`s as sound of speculation about whether or not it was intentional.

GRACE: You know what? You`re right. Let`s go back to Elena Dziadevitch. Elena, are you with me? I think I`ve got Elena Dziadevitch.

DZIADEVITCH: Hello?

GRACE: Yes, dear. Do you recall Scott Dyleski routinely wearing gloves every day?

DZIADEVITCH: Yes, he did.

GRACE: Well, you got me on that one, Lisa Wayne. So if he wore gloves to this location, Debra Opri, do you think those gloves will be found in his home?

DEBRA OPRI, DEFENSE ATTORNEY: Yes. Absolutely, yes, of course. I also am very interested with the bloodhounds, if they are looking for a secondary person, then they are keying in on additional evidence found at the scene and to the motivation.

And if the motivation is drug-related in any way, then you`ve got motive, then you`ve got premeditation, and toss out the gloves. Who cares?

GRACE: But, on the other hand, Lisa Wayne, you just won the battle, but maybe I`m going to win the war, because, if you`re saying that kids into Goth routinely wear gloves, wouldn`t that further implicate Scott Dyleski, because the perpetrator was wearing gloves?

WAYNE: Well, I don`t know, Nancy. I think the bottom line is the prosecution has to show methodically the forensic evidence that links him to being there.

If they can link him to being there, then obviously the defense has to look at his state of mind. What was going on with this kind? Was he under the influence of hallucinogenics? Was it a rage killing? Or was it something that they show was truly intentional?

Those are the steps that they have to take in this case. And I think that`s why they`re out there looking for more forensic evidence.

GRACE: Quick break, everybody. Are there more suspects to be arrested in the bludgeoning death of Pamela Vitale. Tonight, disturbing new details revealed in a search warrant that police effected and the return on that warrant.

Very quickly, to "Trial Tracking." Almost 13 years year to the day after Pennsylvania Girl Scout Shauna Howe disappeared Halloween night, a jury gets the case. Did two adult brothers assault and kill the Girl Scout? A third man already confessed to the kidnap.

Jury selection starts in the case of Joseph Smith, accused of kidnapping, and assaulting, strangling 11-year-old Carlie Brucia. Surveillance cameras at Evie`s Car Wash just outside Sarasota captured Carlie`s kidnap on tape.

(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 she was struck that blow, that she didn`t suffer.

(END VIDEO CLIP)

GRACE: The investigation widens into the search for the killer or killers of Pamela Vitale, the wife of our friend and colleague, criminal defense attorney Daniel Horowitz.

Today, disturbing evidence revealed in a search warrant and a return, which is what cops get from the location. New evidence reveals in the search warrant that the killer wore gloves, there was a large bloody shoeprint found at the murder scene.

As opposed to blows just about the head, we learned that Pamela sustained a four-inch stab wound to her stomach, four inch. Multiple wounds on her leg, traumatic head injury. She was found in a pool of blood, and also that Pamela had a traumatic head injury, wounds on her legs, and was lying in a pool of blood.

Very quickly to Vito Colucci, P.I, Vito, did he act alone?

VITO COLUCCI, PRIVATE DETECTIVE: I believe today he did. I had some thoughts about that the other day, because I don`t think this man with just crown molding -- she`s six, seven inches bigger. All she has to do is back up. He`s not going to hit her on the head.

The knife, the telling blow was the stab wound. That brings her down, cause of death was the blows to the head.

(COMMERCIAL BREAK)

(NEWSBREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: He just wore a black trench coat, all-black pants, black shirt, spikey-like backpack and stuff like that, painted his fingernails black, and his hair -- and his was, like, down to here, and it was like bleached black.

And he just like -- everyone was just, like, shocked. He would just walk through the walls. I think he, like, put makeup on himself, like he had a really white face and stuff like that. And I think he wore like black lipstick. And he just walked around and everybody was like, "Oh, my God, who is that kid?" And he definitely stood out.

(END VIDEO CLIP)

GRACE: Of course, not every mother`s dream, but the state`s got to prove a lot more than he wore black lipstick to pin a murder on 16-year-old Scott Dyleski.

Now, private investigator and a veteran at that, Vito Colucci says that he believes Dyleski acted alone, but I want to go to psychotherapist Dr. Leslie Austin.

Leslie, yes, he may have acted alone in the killing, but what about this alleged marijuana enterprise and the credit card fraud?

LESLIE AUSTIN, PSYCHOTHERAPIST: My bet, Nancy, is, if he really is this kind of Goth kid, and he is the way he`s been described, that he acted alone, I think he`s too much of a loner and too isolated to really team up with anybody, even for a marijuana enterprise.

GRACE: Interesting.

To Harvey Levin, managing editor of TMZ.com. Harvey, I agree, out of rage and 16-year-old testosterone, anger, lack of impulse control, yes, maybe he did start administering blows to Pamela Vitale, but I don`t see the whole credit card theft, the pot enterprise, all of that. This was a pretty widespread scam. I mean, what do the neighbors say about their credit cards?

LEVIN: Well, one of the neighbors is the one who alerted the police, Nancy. The neighbor said that she was the victim of this scam and that the goods were supposed to be delivered to the Horowitz`s house. And that`s how the cops got on the trail of this kid.

Nancy, if I could just jump in and say one thing. You were talking about the glove earlier. You were talking to the woman who lives with him and said the kid wore gloves all the time.

Well, guess what? I`m looking at the return on this search warrant. And they list 13 things that they seized from the kid`s house. Guess what? Gloves aren`t on there.

So, if the kid wore gloves, where are the gloves?

GRACE: Where are the gloves?

LEVIN: I mean, they seized a pair of vegetarian shoes from him, which is interesting, because they`ll get some kind of a foot imprint out of that, and there are underwear and child-sized blue tank top, but no gloves.

GRACE: You know, Lisa Wayne, you had me over a barrel there for a moment, but now you`ve really stirred up a hornet`s nest about this glove thing, because you got me to ask the former roommate, "Did he wear gloves?" And, yes, he did.

So we know the perpetrator was wearing gloves, according to the search warrant, everybody, just released tonight. And Harvey Levin`s right. Here`s the return. Where are the gloves?

WAYNE: Maybe that`s what they`re looking for, Nancy. Maybe that`s why they have the dogs out on the property. I mean, you know, again, you have to assume that he`s the one who did this. And if you make that assumption and there`s forensic evidence...

GRACE: Wait, wait, I`ve never heard you say anything like that in my life. To assume?

WAYNE: No, I`m saying that you take that step and assume that he did, then you`re looking for things to link him to the crime forensically. And maybe they`re out there looking for those kind of clues.

You said the property is huge. That`s a massive place to have to go over. And they again have to methodically go through everything to make sure that they`ve got it all. And who knows what might still be out there?

GRACE: And to Dr. Kobilinsky, she`s right. Who knows what could still be out there? I mean, they had tracking dogs all over that hilltop. There are foot paths all over that go to Horowitz`s estate. But very quickly, tell me, explain to the viewers, how you link up a shoe print?

KOBILINSKY: Well, the sole of the shoe may have a pattern. For example, a sneaker or some other type of shoe with a heel, an unusual heel, will have a pattern. It`s pattern evidence.

And so you would match up the pattern found at the crime scene with the shoe itself. That could be very, very specific. And it could actually be very critical evidence in determining which shoe made that imprint.

GRACE: And, of course, also, to Deb Opri, it`s not as difficult to match up a shoe print, or a tire print, or a fingerprint as it sounds. And, if you can make a match, huge dramatic impact on a jury.

OPRI: Well, let me say it this way: We all know, whether you`re a criminal defense attorney, a psychologist, forensic expert, we all know that 90 percent of the evidence they found is probably linking this kid, because he was arrested and taken into custody very quickly.

We probably know, on the psych profiling, that he probably did it alone, but when the bloodhounds are out there, they`re acting on various pieces of evidence that they have to double-confirm on the premises.

It`s a long way to the jury, Nancy, a long way.

GRACE: A long way. Well-put, Debra.

The panel is staying here, but we`ve got to switch gears to another case, the case of a missing 27-year-old Christie Wilson. I`m going to go straight to the "Auburn Journal" crime reporter Penne Usher.

Penne, bring us up-to-date.

PENNE USHER, "AUBURN JOURNAL" CRIME REPORTER: Hey, Nancy, how are you doing?

GRACE: Good.

USHER: Most recently, Mario Garcia had been named a suspect in the case. He had been just a person of interest. But as of yesterday`s court appearance, they upgraded him to suspect. Additionally, DNA analysis proved that a hair found in his vehicle belonged to that of the missing Christie Wilson.

GRACE: To Debbie and Patrick Boyd, Christie`s mom and stepfather, you seem to be convinced -- could you run that again, Rosie?

We have footage from a local casino. She was last known to have gone to play a couple hands of cards. This is believed to be her, Christie Wilson. And we believe she was leaving with Mario Flavio Garcia, more than twice her age.

Back to Christie`s mom and stepfather. You seem convinced Garcia is responsible.

To Debbie, why?

DEBBIE BOYD, MOTHER OF CHRISTIE WILSON: Absolutely. Well, first and foremost, Mr. Garcia was the last individual seen walking out of that casino with Christie. There`s evidence that shows that she never got to her car.

Mr. Garcia`s story about Christie going back into the casino to retrieve a cell phone is inconsistent with all of the surveillance tapes that have been shown to date. It`s clear that she never did go back into the casino.

And based on the evidence, with regard to the hair, it`s clearly obvious that Mr. Garcia has fabricated this story around Christie going back into the casino, because that hair was found in his car.

GRACE: I want to go to Lt. George Malim. He`s the commander of investigations division there in the sheriff`s department.

Sir, what evidence have you found in his car, in Garcia`s car?

LT. GEORGE MALIM, COMMANDER OF INVESTIGATIONS DIVISION: Well, the only thing we released so far is, obviously, the hair that came back with a DNA match positive to Christie. We have processed the entire car inside and out. And those items, tape lifts and everything else, are trace evidence and things are currently at the lab being evaluated.

GRACE: Where was the hair?

MALIM: The hair was found during -- we`re not releasing exactly where it was, but it was found during the search of his car.

GRACE: In his car.

Lieutenant, isn`t it true that it has been released that the hair was in a location inconsistent with a casual, a coincidental transfer, like, "I hug Debbie Boyd when I see her, and my hair attaches to her lapel." Isn`t it true this hair found in the car is in an inconsistent location with a casual transfer?

MALIM: Correct.

GRACE: And, sir, did you take forensics out of the trunk or did you take actual objects out of the truck?

MALIM: Forensics, tape lifts. I`m sure you`re aware of how that works. The entire car was processed again in and out. Tape lifts were taken of everything for trace evidence. And, again, those items are being evaluated right now. We did find in the vehicle the collapsible baton, which is one of his weapons charges that is against him right now.

GRACE: And Patrick Boyd, this is Christie`s stepfather, when you hear forensics taken from a car, trunk, you know that can`t be good?

PATRICK BOYD, FATHER OF CHRISTIE WILSON: No, it`s -- you know, they must have covered some things up or he must have cleaned it up some. But at the same time, I know they`re pulling other items out. That`s basically identifying that our daughter was in the trunk of a car. That is not a casual meeting.

GRACE: Debbie and Patrick are with us tonight. This is Christie`s mother and stepfather facing some very harsh evidence, but we are keeping the hope alive that Christie Wilson will be found. Stay with us.

(BEGIN VIDEO CLIP)

STACIE WILSON, CHRISTIE`S SISTER: I just want my sister back. And, like my mom said, I mean, dead or alive, we just want to know, we want to bring her back.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: A family tries to hold up, chances dwindle, now that it`s been almost two weeks since 27-year-old Christie Wilson vanished.

P. BOYD: We`re preparing ourselves for the worst. There`s no other thing to think of now but the worst.

UNIDENTIFIED MALE: Especially now knowing the man Wilson was last seen with October 5th, leaving Thunder Valley Casino, has such a violent criminal past.

D. BOYD: Mothers, trust your intuition. This guy has a history. This is a guy that fell through the cracks within the criminal justice system.

(END VIDEO CLIP)

GRACE: If you know anything about Christie Wilson, just 27 years old, her life just starting, tip line, 530-889-7867. Please help us bring Christie home.

Tonight, with us, Christie`s mother and stepfather. I want to go quickly to our lieutenant, Lt. George Malim. Lieutenant, you said a baton was in his trunk.

MALIM: Correct. It`s a collapsible metal type of baton like you would see a police officer carry.

GRACE: Now, why -- explain to me, why is he behind bars now? He hasn`t been charged with anything to do with Christie.

MALIM: Correct. During the search warrants that we served both on his house and his vehicle, in his vehicle, I`ve mentioned, we found the collapsible metal b. In his home, we found a semiautomatic handgun and a rifle, both of which is illegal for him to be around or possess because of his prior felony conviction.

GRACE: I was about to lead you right there. Most people can have a gun at home, no problem, as long as it`s registered, but he has a felony history. What is his criminal record?

MALIM: From what`s been put out by the public, or by the media that they found, it is a prior kidnap, rape, assault with a deadly weapon, burglary, and possession of stolen property case out of the Bay Area around 1979.

GRACE: 1979. When did he get out?

MALIM: He never did any time. He was convicted, according to what we know, of only the 245, or the assault with a deadly weapon, and he served only probation.

GRACE: He served probation.

To Debbie and Patrick Boyd, Mr. Boyd, when you hear that, what is your reaction?

P. BOYD: Well, I`m furious that the system failed so miserably. I know it hasn`t been proved -- this was a, from my understanding, an ex- girlfriend, or even the spousal things back in those days weren`t treated as serious as they are today.

Law enforcement has come a long ways. The court system has come a long ways in improving that. But still, it`s just sickening to think that somebody could get away with rape, kidnapping, putting a gun to a person`s head, and only have to serve probation? That`s ridiculous.

GRACE: A couple of those counts tossed out. And now he is a suspect again in the disappearance of a 27-year-old girl, beloved Christie Wilson.

Very quickly, back to Lt. Malim. Sir, what can you tell us about the status of the investigation tonight?

MALIM: Well, the investigation is continuing and will be continuing for some time, as we gather everything we can, as well as follow any leads that we have. As you know, you follow the evidence and let it take you where it leads you, to show you what happened, versus coming up with a theory and throwing everything together to make it fit.

GRACE: Exactly. Exactly. Exactly, Lieutenant. I know, if Patrick Boyd has confidence in you, then so do I, because Patrick is a San Jose Police Department officer.

Very quickly, I want to go straight back out to Leslie Austin, psychotherapist. You have been called on many, many times to analyze surveillance video. I know that you have studied this video very carefully of Christie walking out with Mario Flavio Garcia.

What`s your analysis?

AUSTIN: Yes, I`ve been watching it carefully tonight. I really do study body language. If you look at it really carefully, to my eyes, she appears to be unsteady on her feet and weaving, which would make me wonder, was she inebriated or not? What kind of state of mind was she in? What was going on that night?

And I would hope that some of the people at the table with her, prior to her leaving, would be able to say something about that. If you watch carefully, she`s not watching in a straight line. She`s going back and forth. She lurches a little bit. I could be wrong, but I do wonder.

GRACE: Well, you know what? She absolutely is, now that you bring it up.

AUSTIN: Yes.

GRACE: And I`m not seeing real contact between the two of them. And look, so she`s not afraid of a cocktail? That`s not a crime in this country the last time I looked.

Lt. George Malim, has the security video at the casino been able to pick up the people at the table with her, where she was playing a hand of cards?

MALIM: Yes, and we have located and interviewed three of them. The third one we located, he`s there so often, he doesn`t even remember if he was there that particular night, but the other two, an Asian female and a white male, the white male actually purchased some wine and other alcohol for the table, were able to give us a good characterization of what the relationship was like and some of the conversation that was going on, as well as the dealers at the tables and the cocktail waitresses. We interviewed them, also.

GRACE: To Christie`s mother, did these two just happen -- there you go. Thanks, Rosie. Did these two -- can you run that again, Rosie, please?

Did these two just happen to meet up at the casino that evening?

D. BOYD: That`s my understanding, yes.

GRACE: And you know, Patrick Boyd, you`re a cop. That is a perfect target. We talked about it a million times in the Natalee Holloway case, where a young girl -- I know she`s 27 -- to have a couple of drinks and her guard is totally lowered, Patrick.

P. BOYD: No question about her guard`s down. And who knows what her luck was like at that night? And if she was depressed. And so all of that together just is scary, because he would be able to talk her to go out, to maybe get a ride home, to help her out, and the whole time he`s got different thoughts in his mind.

GRACE: And to Penne Usher, crime reporter with the "Auburn Journal," do police -- and I`m not asking the lieutenant to comment on this -- do they consider this a homicide?

USHER: Yes.

GRACE: To Debra Opri, Debra, I know you`re a defense attorney, you and Lisa have given your hearts to it, but when you hear about this assault, this rape, this alleged rape, where he got nothing about probation?

OPRI: Well, you know, it`s what you don`t hear. First of all, I want the system changed, I want legislation enacted, because we only work with what we have out there. The laws we have is what we work with as criminal defense attorneys and what you guys as prosecutors work with.

Let`s look at it this way. He walked out on probation with a first- time offense, allegedly, in `79. What happened between `79 and now? What?

GRACE: We`ll be right back with Lisa Wayne, but quick break.

And to tonight`s "All-Points Bulletin." FBI and law enforcement all across the country on the lookout for this man, Michael Marks, wanted in connection with the `89 Pennsylvania death of 89-year-old Freda Dale.

Marks is 51, 5`7", 240 pounds, black hair, brown eyes. If you have info on Marks, call the FBI, 412-432-4000.

Local news next for some of you. But we`ll all be right back. And remember, tonight, something special. Unsolved special investigation coverage of cases that need answers. "Nancy Grace Investigates," Court TV, 9:00 p.m. Eastern. I hope you can join us.

Please stay with us as we remember U.S. Army Sergeant Donald D. Furman, an American hero.

(COMMERCIAL BREAK)

GRACE: We want very much to help in our way solved unsolved homicides, find missing people. Take a look at 24-year-old Lynsie Ekelund. Her friends dropped her off a door away from her home in Placentia, California, Sep., 2001, never been seen again.

If you have info on Lynsie Ekelund, call the Carole Sund Carrington Foundation, toll-free, 888-813-8389.

Very quickly, out to Lisa Wayne, criminal defense attorney, it has been said that now Garcia is not cooperating or speaking to police. We asked the lawyers on, they refused to comment. What would you advise Garcia to do right now, cooperate?

WAYNE: I would tell Mr. Garcia not to say anything. He`s presumed innocent, walking out of a casino. And last being seen with someone who is missing, and a hair that could be transferred in many ways does not mean he`s guilty of anything. He needs to shut up. He`s presumed innocent. And people need to remember that in this case.

GRACE: To Debbie Boyd, Christie`s mother, if you can speak out to Christie right now, what would you say?

D. BOYD: I`d say, Christie Lynn, we love you to pieces. Stay strong. We will continue searching for you. We will find you. And justice will be done. We really miss you. We love you. Stay strong.

GRACE: Patrick?

P. BOYD: Same thing. Just that we love her. We just want her back. And want to be able to tease her and her to tease me. We just need to hug each other again.

GRACE: Debbie, when you first heard she was missing, what ran through your head?

D. BOYD: Oh, my God. The very first night we got the call, I woke up two hours later again and I said to my husband, "Something`s seriously, seriously wrong." And I typically don`t wake up in the middle of my sleep in the evening. I just knew in my gut something was horribly wrong.

GRACE: Debbie is Christie`s mother. Once again, if you have any information on this girl, 27-year-old Christie Wilson, please, tip line, 530-889-7867.

I want to thank all of my guests tonight, especially Christie`s parents. But my biggest thank you is to you for inviting all of us into your home.

Coming up, headlines from around the world. And also, please join me over at Court TV as we investigate cases that need answers.

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

END

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