Judge Denies Haun Defense Request

A Superior Court judge tentatively denied a request by Diana Haun’s public defenders Tuesday asking that a special allegation in her murder case be dismissed.

Haun and her boyfriend, Michael Dally, are accused of slaying Dally’s wife, Sherri, last year. Both are charged with murder, kidnapping and two special allegations that make them eligible for the death penalty if convicted.

Defense attorneys want one of those allegations--that Haun slashed and beat Sherri Dally while lying in wait--dismissed on the grounds that the May 6 slaying did not occur while Sherri Dally’s assailant was concealed.

Using charts and leaning heavily on case law, Deputy Public Defender Neil Quinn argued that Sherri Dally’s captor may have been lying in wait to abduct her, but once Sherri Dally was trapped the concealment ended.

Quinn disputed the prosecution’s theory that Dally was killed almost immediately after being abducted. He said there was no evidence to support that claim.

Superior Court Judge Frederick A. Jones agreed with Quinn. But he tentatively denied the motion to dismiss the allegation, saying sufficient evidence was presented to the Ventura County Grand Jury last year to support its indictment.

In August, the grand jury indicted Haun for murder, kidnapping and a special circumstance of lying in wait.

In November, the grand jury indicted Michael Dally for murder, kidnapping, conspiracy to commit murder, and an allegation that his wife’s slaying occurred for financial gain. Haun was indicted again on those charges.

During Tuesday’s court hearing, prosecutors and defense attorneys argued about various other issues in the case, which is set for trial May 12.