Judge to Decide If Haun, Dally Get Separate Trials

A critical motion in the murder trial of Michael Dally and Diana Haun is expected to be decided today as attorneys return to Ventura County Superior Court to resolve a series of legal issues before jury selection begins.

Defense attorneys for Dally, 37, and Haun, 36, want their clients to be tried separately to prevent either defendant from implicating the other during the trial.

Dally and Haun are charged with murder, kidnapping, conspiracy and related allegations in connection with the slaying of Dally’s wife, Sherri, 13 months ago. If convicted, they could face the death penalty.

Although the issue of separating their trials was set for a public hearing on Monday, Judge Frederick A. Jones closed the courtroom for a confidential proceeding after attorneys filed various sealed documents.

“The bulk of it must be confidential,” Deputy Public Defender Neil B. Quinn urged.

Prosecutors also agreed that certain aspects of the case should remain shielded from the public.

“We could probably dance around a little bit, but it would be better to have it in closed session,” Deputy Dist. Atty. Lela Henke-Dobroth told the judge.

After a two-hour hearing behind closed doors, attorneys returned to an open session in the afternoon.

But rather than continue the debate, both defense teams filed sealed written documents stating their planned defense strategies, and Jones said he would consider them in deciding whether to split the trial. He is expected to rule on the issue today.

Meanwhile, lawyers in the case discussed additional motions set for argument later this week, a possible jury questionnaire, and their upcoming move to Santa Barbara County for jury selection.

A panel of 200 potential jurors from southern Santa Barbara County will be called June 30 to the hearing room of the Santa Barbara County Board of Supervisors for the first phase of jury selection.

After eliminating those who cannot serve because of the anticipated length of the trial, additional questioning will take place in a Santa Barbara County courtroom, Jones said.

Although the trial will be held in Ventura County, attorneys agreed to pick a Santa Barbara jury to avoid the risk of seating a local panel tainted by pretrial publicity.

Attorneys are scheduled to meet in court almost daily between now and June 30 in an attempt to resolve as many motions as possible before jury selection starts.

Among the issues to be discussed:

* Prosecutors want to admit into evidence a letter written by Sherri Dally. The letter was filed under seal and its contents have not been made public.

* Prosecutors also have requested a psychiatric evaluation of Haun, arguing that her mental condition will be a significant issue if the capital murder case reaches a penalty phase.

“It is apparent that issues pertaining to the defendant’s mental status and psychological state are at the heart of, and central to, the defense,” prosecutors wrote in their motion.

* Haun’s attorneys have filed a motion seeking to protect her privacy rights following a debate over whether a series of letters sent to her from Dally should be given to the prosecution.

Prosecutors want to see the 71 letters, which have been kept in a sealed envelope. But Haun’s attorneys say the letters are her private property.