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Judge Decides Haun’s Modeling Portfolio Can Be Used as Evidence

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TIMES STAFF WRITER

Over the objection of defense attorneys, a judge decided Wednesday that prosecutors may show jurors a portfolio of modeling photos taken of accused murderer Diana Haun in the 1980s.

Prosecutors want to use the snapshots--which show the 36-year-old defendant in a variety of glamorous poses with different outfits and hairstyles--to bolster their claim that she altered her appearance to kidnap Sherri Dally.

Deputy Dist. Atty. Lela Henke-Dobroth told the judge that one picture showing Haun with blond hair is of particular interest because prosecutors believe the kidnapper wore a blond wig to disguise herself from the murder victim.

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But defense attorneys argued that the photographs show nothing more than a young woman who was trying to launch a modeling career.

Some of the photos were taken so long ago, Deputy Public Defender Susan Olson said, that they are not relevant to the current case.

And just because a woman changes her hairstyle or wears makeup, she added, does not support the prosecution’s claim that her client had a “chameleon-like” quality.

But Superior Court Judge Frederick A. Jones said he was struck by the fact that the pictures don’t look like Haun.

Since her arrest last year, Haun has appeared in court mostly wearing blue jail clothes. But during jury selection she has worn a number of smartly tailored, conservative suits.

Given the prosecution’s argument that Haun disguised herself, the judge said the pictures from Haun’s earlier years could be relevant to the jury and should be allowed.

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“I look at these pictures,” he said, studying the glossy photos attached to a large white poster board. “. . . I would not opine or conclude that these were photographs of Ms. Haun.”

Jones went on to say that the contrast in some shots was “remarkable.”

The photographs were seized by authorities during a search of Haun’s Port Hueneme home. One shows her wearing a bikini. Another shows her in a swimsuit, wearing dark glasses. In the photo, she has blond hair.

In reviewing the pictures, Jones described them as “tasteful” and “pretty.” And with the possible exception of a jail booking photo taken last year when Haun was arrested, they judge said the photos could be admitted as evidence.

The judge also said the jury could see four pictures of Dally and her family, including two taken from a videotape of a barbecue and a family trip to Disneyland. The pictures were taken shortly before Dally’s death, Henke-Dobroth said.

Prosecutors hope to also use a variety of other photographs during Haun’s trial, including pictures of the remote area where Dally’s body was found.

Jury selection in the case is expected to continue today in Santa Barbara.

Jurors from Santa Barbara County are being sought because of heavy pretrial publicity in Ventura County. The trial will be held in Ventura.

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Haun is charged with murder, kidnapping and conspiracy plus two special circumstance allegations for allegedly planning and carrying out Dally’s slaying in May 1996. She could face the death penalty if convicted.

Dally’s husband, Michael, is also facing murder and related charges in connection with his wife’s death. He and Haun had been having an extramarital affair.

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