Judge’s Health Will Force Him Off Dally Trial

Just days before the trial of suspected killer Michael Dally is scheduled to begin, Superior Court Judge Frederick A. Jones announced Thursday that he will not preside over the celebrated case.

Jones, who was diagnosed with leukemia in 1994, said in an interview that his health has deteriorated in recent months. Doctors told him last week that he needs a bone marrow transplant, which cannot be delayed for Dally’s trial.

“It can’t wait,” the 54-year-old judge said. “I am told by the doctors I do not have the four months to put off the transplant. I was hoping I’d never have to have one.”

Jones said he does not expect his decision to significantly delay Dally’s trial. Presiding Superior Court Judge Robert Bradley has not announced who will take over the case, but a decision is expected by late today.

The news did not come as a surprise to lawyers on the Dally case, who have been aware of the judge’s condition.

“I don’t think it is going to affect the case,” said Deputy Dist. Atty. Lela Henke-Dobroth. “I am saddened that Judge Jones is going to have to step down and face this serious problem, but I am hopeful that we will be able to keep on schedule.”

Jones had been widely credited with moving the trial of Dally’s co-defendant and lover, Diana Haun, along at a brisk pace.

Dally’s Ventura attorney, James M. Farley, also expressed disappointment that Jones would not continue as the trial judge.

“I am sad to see Judge Jones go because he is such a good judge,” Farley said. “But I am pleased for him and his family because it means he is taking care of his health.”

Since his diagnosis three years ago, Jones has juggled civil, criminal and juvenile court cases as the general assignment judge for the Ventura County Superior Court.

His illness, for which he has said there is no known cure, has periodically pulled him away from the courthouse in the past.

But this time, Jones said, he expects to be gone at least four to six months while undergoing medical treatment at UCLA for the blood disease, which has already forced the removal of his spleen.

The jurist is scheduled to begin preparing for the bone marrow transplant immediately after Christmas.

The procedure will begin with radiation and chemotherapy, he said. Doctors will then inject his younger brother’s marrow into his system, and for the next two months he will have to remain in a special medical ward to protect against infection. Jones said this is the most dangerous part of the procedure because his immune system will be severely weakened.

Afterward, Jones said, he will remain near the Westwood medical center for an additional two months. If he responds well to the treatment, he will be allowed to return to his Santa Paula-area home, he said.

If the transplant is successful, he hopes to return to the courthouse and resume work after the operation.

During the next month, Jones said, he plans to handle as many pretrial motions in the Dally trial as possible while continuing to prepare the case for jury selection in Santa Barbara County.

As with the trial of Dally’s lover, Diana Haun, an outside jury is being selected because of heavy pretrial publicity locally.

Jones said he has reserved a school auditorium to address a panel of 250 prospective jurors on Dec. 15. It had been his goal to begin jury selection that week, take a break for the holidays and return in January.

“Everything is on track to start the case,” he said. “We have a courtroom set aside for us. All of those things remain intact.”

Dally, 37, is facing murder and related charges for allegedly plotting the May 1996 slaying of his wife, Sherri. He is scheduled to appear in Jones’ courtroom Monday for a hearing on various pretrial motions.

Before addressing those matters, however, Jones is scheduled to sentence Dally’s lover to life in prison for her role in the killing.

After a widely publicized six-week trial, the 36-year-old grocery clerk was convicted in September of murder, kidnapping and conspiracy for abducting Sherri Dally and fatally stabbing the 35-year-old homemaker.

Although Haun was eligible for the death penalty because she was convicted of murdering for financial gain, the jury voted to sentence her to life in prison.

Michael Dally also faces a possible death sentence if convicted of conspiring with Haun to kill his wife.

After Jones’ announcement, local attorneys expressed sadness and disappointment.

Oxnard attorney David Shain described Jones as a valued member of the Ventura County bench who will be sorely missed.

“I think that Judge Jones is a first-rate trial judge,” Shain said. “What you notice immediately about him is his command of the courtroom. He has integrity. He is not afraid to make difficult decisions and he has always been known as a man who makes them independently. . . . He’s a classy guy.”

Retired Ventura defense attorney and former prosecutor George Eskin also said that Jones’ absence from the bench, even for half a year, is a great loss.

“He has demonstrated a compassion, a common sense. . . . I have grown to have the utmost respect for him,” Eskin said.

Eskin, a Santa Barbara resident, turned out for the first day of jury selection when Jones addressed a panel of prospective jury candidates for the Haun trial. He said he was exceptionally impressed by the way Jones pitched the case and encouraged jurors to be involved.

“He did it in such a remarkably positive way,” Eskin recalled. “He made it the adventure that people wanted to participate in. . . . His management of the case was extraordinary, and he really deserves a tremendous amount of credit.”