Motions Seek to Limit Ex-Lover’s Testimony

She was a key witness in the trial of convicted murderer Diana Haun, a former lover of Michael Dally’s who told jurors that Dally felt trapped in his marriage and believed murder was the way out.

Now, defense attorneys want to limit the testimony of ex-girlfriend Sallie Lowe before Dally’s trial gets underway.

They have filed two motions in anticipation of Lowe’s statements, and Superior Court Judge Frederick A. Jones is expected to address those issues at a court hearing today.

The briefs--which were filed under seal and not made available to the public--are among a dozen court documents seeking to exclude or admit controversial evidence in Dally’s trial.

The 37-year-old supermarket night manager is charged with murder, kidnapping and conspiracy for allegedly plotting his wife’s May 1996 slaying. He faces a possible death sentence if convicted.

Although his lover, Haun, was found guilty of those charges 2 1/2 months ago, prosecutors say Dally played a role in Sherri Dally’s killing and should be found guilty as well.

They say Dally conspired with Haun to kill his wife because he wanted to avoid a costly divorce and cash her life insurance policy.

Based upon statements at Haun’s trial, Lowe’s testimony cuts directly to the prosecution’s theory of motive in the case.

“He just wanted her to disappear and be gone,” Lowe testified of the relationship between Michael Dally and his wife. “There were times he talked about stabbing her with a knife, but not only stabbing her--twisting the knife to cause pain.”

Lowe was the first witness called to the stand during Haun’s six-week trial. She told jurors that in their three-year affair, Dally told her he felt “trapped” in his marriage and wanted his wife dead.

Lowe testified that Dally made statements to her that she perceived as a solicitation for murder. She said Dally also tried to strangle her once when she tried to break off their relationship.

“I laid there in fear of my life,” she testified, recalling how Dally allegedly grabbed her neck and choked her.

During Lowe’s two hours on the stand, no objections were raised by Haun’s defense team to various hearsay statements and other remarks about Dally’s alleged attitude toward his marriage and family.

In fact, Haun’s attorneys elicited further statements from Lowe on cross-examination about statements Dally allegedly made to Lowe during their affair--statements Dally and his lawyers were unable to refute because of the separate trials and a standing gag order in the case.

Now, Dally’s defense team has challenged those statements offered by Lowe and several other witnesses who testified at Haun’s trial, including co-workers, friends and a prostitute who told jurors that Dally paid her for sex.

Defense attorneys James M. Farley and Robert Schwartz want to exclude proposed evidence about their client’s alleged use of drugs and prostitutes as irrelevant and based on hearsay, according to court documents.

On Monday, Judge Jones indicated that he would not handle any motions on those matters but would defer them to Judge Robert C. Bradley, who is taking over the case.

Last week, Bradley said he expects to begin hearing pretrial motions next week.