Judge Orders Joint Trial for Dally, Haun Over Defense Protests

Over the objections of defense attorneys, Superior Court Judge Frederick A. Jones ruled Wednesday that Michael Dally and Diana Haun should face a single trial next year in the alleged kidnap-murder of Dally’s wife.

“This is a case that is particularly suited to a joint trial,” Jones said, setting a combined trial for Feb. 3.

Dally, 36, and Haun, 35, are accused of plotting and carrying out the kidnap-slaying of Sherri Dally, who was abducted May 6 from a Ventura shopping center parking lot.

The 35-year-old day-care operator’s stabbed and bludgeoned remains were found June 1 in a ravine north of the city.

Prosecutors have alleged that Dally and Haun conspired to kill his wife of 14 years for financial gain and while lying in wait--allegations that make each eligible for the death penalty if convicted.

Dally and Haun, who have been having an adulterous affair the past two years, formally denied the murder charges Dec. 4 at a joint arraignment.

Each has two attorneys who opposed the prosecution’s request for a joint trial on the grounds that their defenses could be antagonistic.

“I don’t think the court should grant jointure,” said defense attorney James Farley, who is representing Dally. “It is fraught with danger for both of our clients.”

Haun’s attorneys also protested by arguing that her scheduled Jan. 13 trial would be delayed as a result of a combined case, impeding her right to a speedy trial.

But in handing down his ruling, Jones cited a recent state Supreme Court case in which the justices said courts must order a joint trial as a rule and may order separate trials as an exception.

“The rule is they must be joined,” he said.

Jones, however, said he expected that defense attorneys would file motions to separate the case at a later time.

Prosecutors argued the cases should be combined to minimize the burden on witnesses and to not waste court time. They also said a conspiracy case clearly warrants a joint trial.

“Where two people are charged with conspiracy together to commit a murder, it makes sense for the facts regarding the agreement to be heard in a single trial,” prosecutors wrote in their motion.

The Ventura County Grand Jury indicted Dally and Haun on Nov. 15 for murder, kidnapping and several related charges and allegations that make this a capital case. Prosecutors have not decided whether to seek the death penalty.

Also at Wednesday’s hearing, Jones took a defense motion under submission and said he would rule on it later this week. That motion seeks to dismiss the allegation that Haun committed the alleged murder for financial gain.

Jones ruled earlier this week to allow prosecutors and attorneys to survey hundreds of prospective jurors in an effort to determine the amount of pretrial publicity in the case.

Those surveys will be conducted early next month.