Dally Spends 3 Hours With Grand Jury

After cutting his first trip short, Michael Dally returned Wednesday to testify secretly before the Ventura County Grand Jury that is weighing a possible murder charge against his longtime girlfriend in the slaying of his wife, Sherri Dally.

Michael Dally declined to comment about his testimony in the probe of Diana Haun after spending nearly three hours inside the grand jury’s locked suite at the county courthouse.

But Dally said of his wife’s slaying and the fact that police have not ruled him out as a suspect in her death, “It’s hard, and it’s hurtful.”

Searchers found the skeletal remains of 35-year-old Sherri Dally in a ravine north of Ventura on June 1, nearly a month after she was abducted from a Ventura Target store parking lot.

Someone had bludgeoned her to death with an ax or something like it and stabbed her repeatedly, authorities said. On Aug. 2, prosecutors filed a criminal complaint against Haun formally charging her with the slaying.

As in most major cases, prosecutors then took the case to the grand jury to avoid the lengthy and expensive process of a preliminary hearing, which is required in cases where defendants have been charged only by a criminal complaint.

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A grand jury indictment precludes the need for a preliminary hearing, where prosecutors would have to present witnesses and persuade a judge to send the case to trial.

Dally appeared last week before the grand jury, but he left the chambers after barely 20 minutes so that he could secure a legal advisor, veteran Ventura defense attorney James Farley.

The grand jury must decide by Friday whether to end its 9-day-old investigation by indicting Haun on murder and kidnapping charges. If not, the 35-year-old Port Hueneme grocery clerk is scheduled to appear in court Monday for a preliminary hearing before Superior Court Judge Frederick Jones.

Dally was amiable, even chatty Wednesday morning as he arrived at the Ventura courthouse clad entirely in black. He told reporters and Farley about a recent trip to Six Flags Magic Mountain to ride roller coasters with his sons, Max and Devon.

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Dally spoke more seriously about the death of his wife and rumors among acquaintances that he may have played a part in her slaying--accusations that he has denied.

“It’s very emotional,” he said. “It’s bad enough having her missing and then people are accusing you of doing it. We were together for 18 years. It’s, like, Twilight Zone because she’s no longer there.”

Of the grand jury subpoena, Dally said breezily, “I just stopped by to say hi, and then I want to go home and be with my boys.”

Moments later, prosecutors ushered him inside.

Dally and Farley walked out of the grand jury chamber 90 minutes later for a brief break. But they said nothing to reporters waiting there, and ducked back inside for another hour and a half.

When they emerged just before noon, Dally seemed more somber, and refused to comment on his testimony or on the grand jury’s questions.

Farley explained, “We’re not allowed to speak about anything that was said in the grand jury.”

Dally said he has not visited Haun in jail since she was booked last month on charges of kidnapping, murder and a special circumstance of premeditation and lying in wait--a list that could carry the death penalty if she is convicted.

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He added, “I just don’t have anything I want to say about that.”

Meanwhile, Sherri Dally’s parents have filed court papers seeking visitation rights with their grandchildren, 8-year-old Devon and 6-year-old Max, alleging that Michael Dally will not let them near the boys.

But Dally said Wednesday that the grandparents, Kenneth and Karlyne Guess, can visit the children whenever they want.

The couple’s attorney, Michael Percy, could not be reached for comment.

“[Karlyne] just doesn’t want to come down and pick them up and bring them back,” Dally said. “The boys’ counselor has suggested that it is best that the boys stay here with me right now until after this is through. And Karlyne just doesn’t understand that.”

He added that many friends deserted him after Sherri’s death.

“I don’t have a life right now. It’s pretty over. It’s pretty much me and the boys and that’s our little social circle.”