Dally Attorney Grills Store Security Chief

Defense attorneys in the Michael Dally murder trial attempted Tuesday to undermine the unflattering portrait of an “uncaring” and “gloating” husband that one witness described a day earlier.

Dally’s attorney, Robert I. Schwartz, questioned the consistency and timing of statements that witness John Avila made to authorities after Sherri Dally’s May 6, 1996, disappearance.

Avila, the former head of security at the Ventura Target store where Sherri Dally was abducted, frequently conceded he could not recall exactly what statements he made to police and when he made them.

Moreover, Schwartz’s probing produced an admission from Avila that after the disappearance he unsuccessfully attempted to tape a telephone conversation without Dally’s knowledge, which violates state law.

In addition, Avila admitted he had never described Dally as “sinister” before his testimony Monday, despite frequent interviews with authorities.

Dally is accused of conspiring to kidnap and murder his wife with his longtime girlfriend, Diana Haun, who last fall was convicted of murder.

For the second consecutive day, transportation tie-ups overshadowed and cut short testimony.

The Santa Barbara County-based jury was dismissed early Tuesday because numerous mudslides had caused a massive traffic jam on U.S. 101 north of Ventura. The day before, the threat of flooding ended the session about an hour before the freeway was closed.

Tuesday’s testimony also started late because the bus that brings jurors to the courtroom was unable to reach Santa Barbara. Frustrated jurors eventually carpooled to the Ventura courthouse.

The courtroom was also briefly plunged into darkness about 2:30 p.m. because of a power outage that prompted, in part, a delay of almost 45 minutes. In all, there was only about three hours of testimony.

Kiku Haun, mother of Diana Haun, is expected to take the stand today if the trial continues, road conditions permitting.