Judge Delays Dally-Haun Trial 5 Weeks

The murder trial of Michael Dally and Diana Haun was postponed five weeks Thursday to allow defense attorneys time to respond to a new allegation.

The Ventura County Grand Jury re-indicted Dally and Haun late Wednesday afternoon on a special circumstance of lying in wait.

The allegation was previously dismissed by Superior Court Judge Frederick A. Jones, who found that prosecutors improperly instructed the grand jury when presenting their case last year.

During a hearing Thursday morning, Dally and Haun refused to enter pleas on the new allegation. Their attorneys argued that the re-indictment was irregular and possibly illegal.

Deputy Public Defender Neil Quinn told the court that he had planned to oppose a motion seeking a continuance of the trial, filed by Dally’s attorneys this month. But with the new allegation, Quinn said he needed more time.

“Given the re-indictment,” he said, “there is no reasonable likelihood that we could be prepared.”

Jones agreed to postpone the opening of the trial from May 12 to June 16.

With regard to the new allegation, Jones entered denials into the court record on behalf of the two defendants, whose attorneys said they plan to investigate what went on during the grand jury proceedings.

“I see some legal issues,” defense attorney James Farley said, explaining that there was some question about how many jurors on the panel participated in the re-indictment proceedings and how prosecutors presented their case.

Dally, 36, and Haun, 35, are accused of planning and carrying out the killing of Dally’s 35-year-old wife, Sherri, last year.

They are charged with murder, kidnapping and conspiracy in addition to two special-circumstance allegations that make them eligible for the death penalty.

The special allegations accuse the pair of killing Sherri Dally for financial gain and while lying in wait.