Prosecutors File Briefs for Haun Penalty Phase

Less than a week after a jury convicted Diana Haun of murder, lawyers were back in court Wednesday and filing motions in preparation for the death penalty phase of her trial.

Prosecutors want to admit evidence about the “mental pain, anguish and turmoil” Sherri Dally’s death had on her friends and family, according to one of the motions filed with the court.

At the same time, prosecutors began pushing for an early trial date for Haun’s lover and co-defendant, Michael Dally.

With the penalty phase of Haun’s trial expected to conclude by the end of the month, prosecutors have asked Superior Court Judge Frederick A. Jones to begin jury selection in Dally’s case on Nov. 11.

Dally, 37, is facing the same charges of murder, kidnapping and conspiracy that his 36-year-old lover, Haun, was convicted of last week in the kidnap-slaying of his wife.

When Jones ordered separate trials for the pair, he did not specify a date for Michael Dally’s trial, only that it would take place after Haun’s.

“The prosecution is prepared to begin in pretrial motions and jury selection in the Michael Dally case immediately upon the completion of the Diana J. Haun penalty trial,” Deputy Dist. Atty. Lela Henke-Dobroth wrote in a motion filed Wednesday.

Dally’s attorneys could not be reached for comment. A hearing on the matter is scheduled for late next week.

Meanwhile, prosecutors have requested a separate hearing to discuss what evidence will be allowed during Haun’s penalty phase.

Because the Port Hueneme grocery clerk was found guilty of first-degree murder and a special circumstance in the fatal stabbing of Sherri Dally, her trial advances to a penalty phase in which the same jury will recommend whether she should be punished by life imprisonment or death.

During that proceeding, defense attorneys typically present evidence about the defendant’s good character and life experiences.

In Haun’s case, the prosecution wants the jury to also hear evidence about the defendant’s lack of remorse and her potential risk to society, according to motions filed Wednesday.

In addition, prosecutors have asked Jones to allow them to put on evidence about what Sherri Dally may have experienced or thought in the moments before she was killed. And they have asked permission to present evidence about the impact Dally’s death has had on her friends and family.

In her motion, Henke-Dobroth leaned heavily on case law--particularly a 1991 U.S. Supreme Court ruling on the admissibility of such evidence.

“The prosecution cannot present an X-ray of a broken heart, nor a picture of shattered hopes and dreams,” Henke-Dobroth argued in her motion. “Nor can the prosecution present a diagram illustrating the pain, suffering and despair brought through the senseless murder of a loved one.”

But, she argues in her brief, the jury can learn about the victim’s character and the effect her death has had on loved ones and the community.

The U.S. Supreme Court and the California Supreme Court have ruled that it is appropriate for the prosecution to introduce such evidence during a penalty phase.

“Just as the murderer should be considered as an individual, so too the victim was an individual whose death represents a unique loss to her family and friends,” Henke-Dobroth wrote.

The names of potential witnesses were not included in any of the three motions filed Wednesday. A fourth motion was filed under seal by the prosecution, and defense attorneys filed a brief under seal as well.

Attorneys on Wednesday met with Jones in chambers to discuss scheduling and other matters. All of the motions in Haun’s case will be argued next Wednesday.