Attorney Says Admitted Killer Will Claim Victim’s AIDS Was ‘Contributing Factor’

To prosecutors, the fact that a Laguna Beach strangling victim may have had AIDS has nothing to do with the murder case against his ex-roommate, Dale David Dalton.

But Dalton’s lawyer, Jack M. Earley, disagrees.

Dalton was arrested for the Jan. 8, 1987, killing of 35-year-old Edward Otto Ihling. The two had been roommates until Dalton moved out two weeks earlier.

Dalton has admitted killing Ihling, but Earley said he will claim at his trial that he was acting in self-defense. Earley said the fact that Ihling had AIDS is a “contributing factor” because it may relate to how much Dalton had to fear from Ihling.

Earley said he is not saying that Ihling was killed because he had exposed Dalton to AIDS.

“But there is a question whether you have something to fear from someone with AIDS, and whether (in a confrontation) you have the right to do whatever you need to defend yourself,” Earley said.

Earley contends that Ihling was unconcerned about whether he exposed anyone else to AIDS.

“We think we can show that Ihling had an attitude of ‘I don’t care what happens to me or anyone else,’ and that makes him dangerous,” Earley said.

Earley said he has documentation that Ihling had AIDS. In a drunk-driving arrest, Ihling reported to police that he suffered from AIDS. Medical testimony at Dalton’s preliminary hearing showed that Ihling suffered lesions that were consistent with being an AIDS victim. And Earley said he has witnesses who can show that Ihling made no secret of the fact that he suffered from AIDS.

But will Earley’s approach convince a jury?

“We’re only saying it’s a contributing factor to what may have happened,” Earley said.

Thursday, when Superior Court Judge Myron S. Brown set a Jan. 11 trial date in the case, Deputy Dist. Atty. Richard M. King estimated that the trial would take three days. Earley said four weeks.

Ihling was arrested by Laguna Beach police on suspicion of drunk driving and possible hit-and-run driving. He was released and returned home with Brian Foster, who later testified that he stayed with Ihling from time to time.

Foster testified at Dalton’s preliminary hearing that Ihling was so drunk that night that Foster slept in a bedroom closet to avoid him. When Foster awoke, the house was full of police and paramedics.

Foster was taken into custody for questioning but was released after police learned that Dalton had admitted the killing to a friend.

Earley said Dalton, who had worked for an employment service for 10 years and had an excellent work record, moved in with Ihling last year when Ihling advertised for a roommate.

Dalton is gay, Earley said, but did not have a sexual relationship with Ihling. Earley said Dalton moved out in December because he was upset with Ihling’s life style.

Shortly before Ihling was killed, Dalton changed jobs, according to testimony at his preliminary hearing.

Just three days before the killing, Dalton filed a report with the Laguna Beach police, claiming that Ihling had phoned his new boss to say Dalton owed him $1,000 and that they had a gay relationship.

Prosecutor King would not discuss the case other than to say there is no evidence so far that AIDS has anything to do with the slaying.

Dalton is free on $150,000 bail.