People vs. Haun

Oxnard attorney David L. Shain and Westlake Village attorney J. Grant Kennedy offer their takes on the Diana Haun murder trial. Today, Shain discusses the defense’s decision to have Haun stand before the jury and try on the canvas shoes purchased two days before Sherri Dally’s slaying. According to court testimony, Haun bought size 9 shoes, a tan pantsuit and a camping ax at Kmart on May 4,1996-items prosecutors believe were used in Dally’s kidnap-slaying. Kennedy discusses the overall defense case, which is expected to conclude today after five days of testimony.

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David L. Shain, Oxnard attorney

“One of the more interesting aspects of the shoe demonstration was the defense’s suggestion that the jurors be called up to feel her feet to ostensibly see if the shoes fit. One can only wonder if tehy had an ulterior motive in seeking this deonstration. On one level, it enables Diana Haun to have physical contact with jurors. . .When you are pleading a case to the jury, it is always helpful to seek identification of your clients to the jury. If in fact in this case, Diana Haun is not go to testify, then thisenables a personal contact between a defendant and a juror. That’s what struck me the most. It seemed to me that the jurors were close enough to see if the shoes fit. I was a little surprised that the prosecutors didn’t object to that process. . .On the prosecution’s side, it seems to me that the point they were trying to makewas that the demonstrations in court are of limited utility. They are taken out of context. It cautions jurors to not get carried away with a limited presentation and keep in mind the big picture.”

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J. Grant Kennedy, Westlake Village attorney

“In a short period of time, the defense has had a hodgepodge of witnesses chip away at the prosecution’s case. They’ve done a good job of showing the jury that people’s memories can be faulty, and they have shown that media reports can influence witness accounts. . .But the prosecution has done an excellent job of putting together all of the facts that they have and the emotions tied to those facts, the adultery, etc. And so I think it’s a real horse race. The defense has presented a good case, but whether it will be enough remains to be seen.”

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Compiled by TRACY WILSON / Times court reporter