Dally Lawyer Fears Jury to Seek Revenge

As prosecutors indicated they may call Diana Haun as a penalty phase witness, Michael Dally’s attorney hotly asserted Wednesday that his client’s fate has already been determined by a “vengeance-driven” jury.

“I know as well as I am standing here that that jury is going to come back with a death verdict,” James M. Farley said during a court hearing in which he accused jurors of being biased against Dally.

The 37-year-old grocery store worker was convicted Monday of first-degree murder, kidnapping and conspiracy for planning the 1996 killing of his wife, Sherri, with his ex-lover, Haun. The jury also ruled in favor of two special charges making him eligible for the death penalty.

The same 12 jurors will now be asked to decide whether he should be punished by life in prison without the possibility of parole, or death.

During Wednesday’s hearing on the penalty phase, Farley requested a one-week continuance so he could respond in writing to issues that he says have biased the jury.

He criticized Dist. Atty. Michael D. Bradbury for discussing the case on the radio while a gag order is in effect, and he cited an “avalanche” of media coverage of the trial that he says has tainted the proceedings.

He accused one juror of giving his client a smug look as the verdicts were being read. And he said loud cheers from spectators gathered outside the courtroom Monday undoubtedly influenced the jury, ensuring that his client will receive a death sentence.

“The animosity and the anger from them, and one juror in particular who smiled at him when the verdict was being read, the cheering of these people in the hallway encouraging these people to do what they’re doing . . . I’ve never seen it like this before,” Farley said.

“No matter what I did in this courtroom,” he continued, “they’re going to come out and vote for death. I know this in my heart because this is a vengeance-driven jury.”

Superior Court Judge Charles W. Campbell granted the continuance, telling Farley: “Well, I don’t know if you’re correct in your assessment, but you’re certainly entitled to a continuance if you’re not ready.”

The lawyers are scheduled to argue motions dealing with those issues and proposed witnesses, including Haun, next week. The penalty phase will begin April 20.

Farley also raised concerns about Haun, a surprise witness who could be called to testify against her former lover and co-conspirator.

Haun was convicted last fall of first-degree murder, kidnapping and conspiracy plus an added allegation that she killed Sherri Dally for financial gain. She was spared execution and sentenced to life in prison without parole.

Prosecutors added her to their witness list Wednesday morning. She is scheduled to be transported from a women’s prison in Chowchilla to the County Jail this weekend.

But whether the 36-year-old woman--described by prosecutors as a meek pawn duped by Dally and by defense attorneys as a love-crazed, knife-wielding psychotic--will take the witness stand remains a question.

Haun cannot be compelled to testify, but her appellate attorney said she may be willing. The issue will be moot, however, if Dally’s attorneys object, and it is likely they will.

Farley told the judge Wednesday that he only found out about her being a potential witness Tuesday night and needed time to file a written motion in response.

Prosecutors acknowledge that if Dally’s attorneys oppose Haun’s testimony, they will likely win because the request was filed late in the proceedings.

“If they want to object, the ball is in their court,” Deputy Dist. Atty. Michael K. Frawley said after the hearing.

Meanwhile, Haun’s appellate attorney said Wednesday that he has not decided whether to oppose the prosecution’s push to put his client on the witness stand.

“We’re thinking about it,” said Eric A. Chase, a Sherman Oaks attorney. “I just need to talk to her. There are a lot of issues, a lot of things to talk about.”

Chase, who is vacationing out of state, said he got a phone call Tuesday evening from Frawley asking whether Haun would be willing to testify.

“I was taken by surprise,” he said, “but I am not ruling it out.”

Last week, Chase told reporters Haun was eager to tell her side of the story. After a hearing in Ventura on her request for a new trial, Chase allowed his client to speak briefly with reporters about limited aspects of her case.

During the interview, Haun accused Dally of “betraying” her. She called him a “psychotic” and said the man she fell in love with years ago never existed.

Chase said he plans to meet with Haun at the County Jail next week to talk about whether she would be willing to testify as a witness for the prosecution. The lawyer plans to appeal Haun’s conviction and said his foremost concern is protecting her appellate rights. He declined to discuss whether her proposed testimony would jeopardize that process.

“Our only consideration,” he said, “is her best interest.”