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Part of Conviction Vulnerable, New Haun Lawyer Says

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TIMES STAFF WRITER

A lawyer recently hired to appeal the murder conviction of Diana Haun said Wednesday he is confident that part of her conviction could eventually be overturned.

Eric Chase, a veteran criminal defense lawyer from Sherman Oaks, said the evidence was particularly weak against Haun regarding a special circumstance allegation that accused her of trying to profit from the death of Michael Dally’s wife, Sherri.

“The issue regarding the special circumstance for financial gain, that wasn’t there,” said Chase, who was hired by Haun’s family. “There is a very tenuous connection on that.”

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Haun, who is serving a life sentence without possibility of parole for kidnapping and killing Sherri Dally, continues to maintain her innocence. If an appellate court overturns the special circumstance it may reduce Haun’s sentence, which could allow her to become eligible for parole.

Michael Dally, who had a two-year affair with Haun, is now on trial, accused of conspiring with her to kill his wife.

The public defenders who represented Haun during her trail last fall had already filed a notice of appeal in the case and Chase will take over that effort. He said he plans to file a formal appeal after he has read the boxes of court records and transcripts, copies of which he is scheduled to receive next week.

Chase would not say how long he has been working on Haun’s case, nor would he divulge his appeal strategy until he sees the files.

And he would not comment on whether Haun is in communication with Dally, though he suggested it would be difficult because she is allowed only one phone call a month.

But Chase said it is possible that Haun could still testify in Dally’s trial.

“There are so many variables that come into this trial,” Chase said. “As to cutting a deal [for her testimony], maybe yes, maybe no. No one has offered yet. No one has communicated with me.”

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Chase also said he will likely represent Haun in a wrongful death suit filed against her on behalf of Sherri Dally’s two school-age sons.

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