D.A. Needn’t Testify on Talk With Dally

A Superior Court judge ruled Friday that Dist. Atty. Michael D. Bradbury does not have to testify about a conversation he had with accused murderer Michael Dally last year before Dally was called before the Ventura County Grand Jury.

Bradbury was subpoenaed this week by Dally’s attorneys, who argued that their client was denied his constitutional rights to an attorney prior to testifying Aug. 1 about his wife’s slaying.

Dally and his girlfriend, Diana Haun, are charged with murder, kidnapping and related charges in connection with Sherri Dally’s death last year.

Bradbury personally presented the case to the grand jury during nine days of testimony in August. A second proceeding was held in November.

During a daylong hearing in Ventura County Superior Court on Friday, attorneys for Dally and Haun argued that those proceedings were prejudicial and therefore the indictments they produced should be dismissed.

The attorneys pointed to a number of issues they argued were grounds for dismissal, the first being the conversation between Bradbury and Dally.

Defense attorney James Farley, who is representing Dally, told Judge Frederick A. Jones that Bradbury was the first person to contact Dally after he was picked up by Ventura police to testify.

It was the district attorney, Farley said, who advised Dally that he was not entitled to a lawyer, which Farley contends was a violation of his client’s 6th Amendment rights.

But Bradbury’s deputies successfully argued that the 6th Amendment does not extend to grand jury proceedings.

Jones agreed and granted the prosecution’s motion to quash the subpoena. He took several other arguments under submission.