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Sixteen-Year-Old Boy Arrested in Vitale Murder Case

Aired October 20, 2005 - 13:36   ET

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

KYRA PHILLIPS, CNN ANCHOR: Pictures now, an aerial shot of the home. As you probably recognize, this estate, the home of Daniel Horowitz, the prominent attorney that we've been talking about within the past couple of days. As you know, his wife, Pamela Vitale, found murdered in their home.
And now an arrest has been made in that murder. A 16-year-old boy has been arrested in connection with the death of Pamela Vitale, the wife of the prominent attorney Daniel Horowitz, the story we've been covering for the past couple of days.

And also, as you know, Nancy Grace, who works for this network, and an attorney also herself, very good friends with Daniel Horowitz and knew Pamela extremely well, as a matter of fact, talked to them both just days before the murder. Nancy Grace joins us once again by phone.

And, Nancy, first of all, you even had chance to sit down with your friend Daniel Horowitz for the first time since finding his wife there in their home. You had the exclusive interview. How is he doing?

NANCY GRACE, HOST, "NANCY GRACE": He's doing horribly, horribly. When I spoke to him, his voice was between a voice and a whisper. He is broken in half. I was on the phone with him. Daniel had been on my Headline News show that Friday night, from 8:00 to 9:00, arguing about the Susan Polk trial. He was in the middle of the defense a very high-profile murder trial in California.

Well, after the show, we then got on the phone, the three of us, and continued arguing, and -- in good nature, of course. And Pamela got on the phone and told me all about how -- those are shots right there from yesterday, when Daniel took me out -- that was me pushing the camera away. He did not want pictures of the door. The door to the trailer is covered in blood.

Long story short, we talked on phone that Friday night, and as late as midnight Eastern. And the next morning, I was on the street in New York and look down at my Blackberry, and read the wire, and got out of the cab and got out on the sidewalk, starting trying to call him immediately. I couldn't believe it. And In fact, it was true. He had left that morning to go continue -- that's yesterday, what you're showing right there, when he was going to go over funeral arrangements.

I got to tell you, when we were in -- walking around the dream house that they had built. Huge. It's three stories, plus an elevator. When we were walking around -- there you go. In fact, it was as if Pamela that was still alive. He was saying, well, she wants this closet to be here for this reason, and this room is by our bedroom so the grandchildren can come over and stay in here, and we can hear them if they need us, and this is her walk-in closet. And, you know, she should really have lights around this mirror so she can look in it and see her outfit. It was as if she -- he had not really taken it in, that Pamela is dead.

PHILLIPS: Well, in talking to you as a friend of these two right now. Now let me ask you, as an attorney, getting the latest news about an arrest being made, Nancy, 16 years old. I don't know if you've had a chance to talk to Daniel since you found out about this, since he found out about it, since we've been talking about it on CNN. I don't know if you have reaction from him. But what is your reaction? And what happens next with regard to talking to this 16-year-old and pursuing further action?

GRACE: Well, under the law, he can be treated as an adult. Of course, if he is in fact, the perpetrator, our U.S. Supreme Court has ruled the death penalty is not an option. But he can be tried as an adult under certain laws in California.

Everyone is stunned. But, on the other hand, you know, quickly, people are starting to point a finger at Daniel Horowitz. And I understand that, number one, typically the husband, spouse, boyfriend is typically the perpetrator in a homicide of a woman.

But, also in addition, the perpetrator took a long shower in the home, after the attack. It had to be someone familiar with the home, that knew Daniel had left.

I noticed yesterday as I was approaching the trailer, which is just outside this mansion they were building. You know, he would work 18 hours a day and she would work on the house. He was funding the house and she was planning it and building it.

That was her window seat that she had built in her office. We knew it had to be someone that was familiar with the scene and that could see that Daniel had left. And as I crested the driveway to get to the home -- you look straight down to where the cars are parked and conspicuously, her car is sitting there alone.

So, it would have been clear to anyone. Even outside the little trailer, you can see where the cars are parked.

PHILLIPS: Yes.

GRACE: Her car would be parked there totally alone. And once he had gone down that hill -- it is a winding, circuitous route, it would take a while to get back up.

So, anyone watching would know he would be gone for a period of time.

PHILLIPS: So, Nancy, did Daniel Horowitz mention anything about this 16-year-old neighbor, any concerns about him or... GRACE: He told me all along that he thought it was one of the neighbors, someone that was familiar with the home that could see their movements. All along, he thought that.

PHILLIPS: And have you talked to him since this arrest was made?

GRACE: We have all been in touch. Today is the day of the funeral. I'm on my way to sheriff's office right now and then on to the funeral. I really don't know how he's doing it.

PHILLIPS: Well, what did he tell you about this 16-year-old, Nancy?

GRACE: I don't want to comment on that, because -- for this reason. I don't want any part of the investigation jeopardized. And, also, you got to think about a jury pool ultimately.

You know, my mind always goes ultimately to the courtroom and the trial. And anything that is said right now could taint a jury pool.

PHILLIPS: You mention, too, that, obviously when something like this happens, there is finger-pointing at the spouse.

Did you talk to him about that? Is that bothering...

GRACE: Oh, sure.

PHILLIPS: OK.

GRACE: I said it immediately, when I first found out about Pamela. He had apparently called me from the police car, right -- as soon as police had gotten there.

And when I called him back the next morning, we talked immediately. And I said, who did this thing? They're going to start blaming you; you know this.

But he was so much in shock. He said, I don't care what anybody says. And he broke down into tears.

PHILLIPS: Nancy Grace, I sure appreciate your time, once again, for calling in and just talking about him and their relationship and about this case.

It helps us sort of put the bizarre pieces together. Thanks, Nancy.

GRACE: Thank you, friend.

PHILLIPS: It's my pleasure.

Straight ahead, hope for thousands of women. A new drug shows promise in the fight against breast cancer. We're going to talk about that with one of our favorite doctors, right after a quick break.

(COMMERCIAL BREAK) PHILLIPS: Well, the medical world is abuzz over a drug that has shown promising -- some have even said stunning -- results in the fight against breast cancer.

The drug is called Herceptin. And it doesn't work for everyone, but it's offering hope to women suffering from the most aggressive form of breast cancer.

With more about Herceptin and its promising role in the battle against breast cancer, I'm joined once again by Dr. Otis Brawley of Emory University and the Winship Cancer Institute.

So good to see you again.

DR. OTIS BRAWLEY, EMORY UNIVERSITY: Good to be here.

PHILLIPS: So, you were telling me that when you were at this conference back in May and doctors were talking about Herceptin, they were high-fiving each other.

BRAWLEY: Yes, we're usually a very stoic group of people, but this was so amazing in terms of its results -- surprising. It's still baby steps.

I mean, this is not curing large numbers of people in the way we really need to. But this was so clearly a breakthrough that people were high-fiving in the aisle ways.

PHILLIPS: Now, why? What is it? What was it that was so exciting?

BRAWLEY: OK, this was one of the first targeted drugs. This is a monoclonal antibody. Actually, it come from a hamster. It's an antibody; it's been humanized so it removes the antigens that people have that react to it.

It's given intravenously. It goes to a certain receptor on the breast cell. And that receptor is immobilized by the antibody. It kills the breast cancer.

And, in these clinical trials, it worked beautifully. Most importantly, people who have this kind of receptor on their breast cancer are people who have some of the worst kinds of breast cancer.

PHILLIPS: Wow. And you've actually had your patients use Herceptin, right?

BRAWLEY: Yes, exactly.

PHILLIPS: OK -- very expensive and very intense?

BRAWLEY: Yes. The positive side of this is that it's going to help a bunch of people. There are 30,000 to 40,000 women a year whose treatment for breast cancer will be changed.

The negative side is it's a dose every week for 52 weeks. It costs about $1,200 per dose. So, we're talking in excess of $60,000 increased costs to the treatment of a breast cancer patient.

It has side effects. It can cause congestive heart failure. It can cause allergic reactions. Actually, one in five women who actually starts the 52 weeks of therapy doesn't finish it because of the side effect.

So, there are some negatives to this, but there's some definite positives as well.

PHILLIPS: Wow. Looking, say, toward other types of cancers, could Herceptin leap into that area?

BRAWLEY: The concept of actually immobilizing the growth factor, inhibiting the growth factor is something that we can actually apply to other diseases.

Herceptin itself may very well be active in other cancers. But there are other drugs, other monoclonal antibodies, other types of chemicals that actually can enable growth factors in lung cancer, in some colon cancers. This is actually the new movement in cancer therapy.

PHILLIPS: Wow, that's amazing. Now, you've mentioned -- well, was it Taxol that was a popular form of treatment back in the '80s -- right?

BRAWLEY: Well, Taxol came to us in the late 1980s, early 1990s. And indeed, Taxol is still a very important treatment for breast cancer. And many of the women who got this Herceptin got Taxol or Taxotere at the same time.

Now, there are other drugs in the Taxeme family that we hope are going to be the next movement in breast cancer. There's a series of drugs called the Apotholones (ph) that we have tremendous hope for them. They're in clinical trials right right now. Hopefully in the next two or three years we'll be talking about those drugs.

PHILLIPS: I hope so. Dr. Otis Brawley, thanks you so much for you time once again.

BRAWLEY: Thank you.

PHILLIPS: Good news to report.

BRAWLEY: Thank you.

PHILLIPS: All right. We'll have much more straight ahead on LIVE FROM. Don't go away.

(COMMERCIAL BREAK)

PHILLIPS: Well, help for the victims of Katrina has come from all over in donations large and small. And reporter Kim Rouggie of affiliate KTLA has the story now of a California boy who put his own dreams on hold just to help others. And he got the unexpected reward.

(BEGIN VIDEOTAPE)

KIM ROUGGIE, KTLA REPORTER (voice-over): 6-year-old Joe Aubuchon sat quietly on his school stage, believing he was receiving a certificate.

UNIDENTIFIED MALE: You know this is a little embarrassing. I think I left the certificate in the back. Will you just wait one moment?

ROUGGIE: But in the back was someone special.

UNIDENTIFIED MALE: Meet Marshmallow. This is Marshmallow, and this is going to be a new addition to Joe's family.

ROUGGIE: The first grader was stunned. You see, a white German Shepherd named Marshmallow is what Joe's always wanted to buy. But after Hurricane Katrina, he donated all the money in his piggy bank to help victims, nearly $250.

UNIDENTIFIED MALE: He likes you!

UNIDENTIFIED FEMALE: Joe, you're getting your first kiss.

UNIDENTIFIED MALE: Yes, he likes you, Joe.

ROUGGIE: Marshmallow is a surprise gift from Bob Foster, the CEO of Southern California Edison, and Jack O'Connell, the state superintendent of public instruction.

JACK O'CONNELL, CALIFORNIA SCHOOL SUPT.: I was very touched when I heard of an individual donating what amounted to his whole savings. He had this dream of a dog. He even showed me a couple pictures of a dog. Had the name already selected, Marshmallow. And so that's when I knew that we just had to deliver that dog.

JOE AUBUCHON, FIRST GRADER: When I was still a baby, I was thinking I was going to get a German shepherd.

ROUGGIE (on camera): What do you want to say to the people who gave you the dog?

AUBUCHON: Thank you.

ROUGGIE (voice-over): And what's the first thing this generous 6-year-old want to do with his puppy?

AUBUCHON: Give him food and give him new water.

ROUGGIE (on camera): Since Joe made the donation last month, he says he's already started over saving up again to buy a new puppy. But now that he has Marshmallow, he says that savings, too, will go to help hurricane victims. In Lakewood, Kim Rouggie, KTLA News.

(END VIDEOTAPE)

PHILLIPS: Well, coming up in the second hour of LIVE FROM, this ain't no rain maker, folks. It's a hurricane, big, strong and headed for American landfall. The latest Wilma watch in just moments.

And, boy, things changed when this guy rode into Hurricane Katrina zone. Is he really that John Wayne dude? We'll find out. The Raging Cajun, General Russel Honore, live right here on LIVE FROM. Stay with us.

(COMMERCIAL BREAK)

PHILLIPS: An arrest made in the killing of a high profile attorney's wife. A live news conference from law enforcement officials just moments away.

And Hurricane Wilma headed for Florida. FEMA's acting director expected to talk about preparing for the storms. We'll take that live later this hour.

And the soldier in the storm. Lieutenant General Russel Honore, the man who lead the Gulf coast recovery after Hurricane Katrina, joins us live. Find out about his next tour of duty.

From the CNN Center in Atlanta, I'm Kyra Phillips. This hour of CNN's LIVE FROM starts right now.

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