Dally Judge Excludes Talk of a ’91 Slaying

Outraged that the prosecution would offer evidence known to be false, Superior Court Judge Frederick A. Jones on Wednesday granted a defense request to exclude statements claiming Michael Dally was involved in a 1991 slaying.

The judge also ruled that statements from Dally’s ex-girlfriend linking him to other possible criminal activity may not be admitted as evidence at his upcoming trial.

In handing down those decisions, Jones sharply criticized prosecutors for trying to offer testimony on seemingly irrelevant subjects with no factual basis.

“It seems to me shocking that the district attorney would use such a statement in this way,” Jones said of Dally’s alleged remark about being involved in a slaying six years ago.

The statement was reported by Dally’s former girlfriend, Sallie Lowe, who told authorities that during her affair with the supermarket clerk, he bragged about being involved in a killing so that someone “would owe him one.”

During a court hearing Wednesday, Jones asked Deputy Dist. Atty. Lela Henke-Dobroth if the alleged incidents were investigated by Ventura County prosecutors.

Henke-Dobroth told the judge that they were not, but that police did pursue the issue and turned up no evidence to support Dally’s alleged statements to his former girlfriend.

“We are not aware of any evidence to actually connect him to a homicide,” Henke-Dobroth said.

She said Lowe’s proposed testimony, including her account of other remarks Dally allegedly made about prior criminal conduct, was not being offered as true statements but to show that the defendant presented himself to Lowe as a tough guy.

“These statements made to Ms. Lowe clearly demonstrate that he intended to be taken seriously when he said he wanted his wife dead,” the prosecutor argued.

In court documents, defense attorneys acknowledged that their client may be a “braggart.” But they argued that the statements Lowe claims Dally made are unsupported by factual evidence, are irrelevant to the pending case and are highly prejudicial.

Dally, 37, is accused of planning to murder his wife of 14 years, Sherri, whose remains were found in a ravine north of Ventura in June 1996. His lover, Diana Haun, was convicted of murder, kidnapping and conspiracy in September and sentenced to life in prison without parole last month.

Dally is facing the same charges and a possible death sentence if convicted. Jury selection for his trial is scheduled to begin in two weeks.

In the meantime, prosecutors and defense lawyers have filed more than a dozen briefs to admit or exclude evidence. Hearings on those matters began this week.

On Tuesday, Jones said he would allow Lowe to testify about statements Dally allegedly made in reference to his wife, such as wanting her dead.

But in a win for the defense, Jones said Wednesday that he would not allow the jury to hear a litany of other remarks potentially damaging to Dally’s case.

Prosecutors had sought to admit boastful statements Dally allegedly made about ties to the Hells Angels, “pushing bodies over the cliffs at Big Sur” and beating up fellow Vons employees at “blanket parties.”

Lowe also told authorities that Dally said he could arrange to have her roommate raped and her parents killed.

Jones ruled that those alleged statements were uncorroborated by evidence and posed such a risk of prejudicing the jury that they should not be allowed.

After addressing the defense motion to exclude the statements, Jones turned to a brief filed by the prosecution seeking to admit a transcript of a conversation Dally had with a detective before taking a lie-detector test last May.

Prosecutors argued that during that “pre-interview,” the defendant acted evasive and asked questions that heightened their suspicions of his guilt.

But defense attorney Sharon Jones, who is handling some pretrial motions for Dally’s team, argued that prosecutors were taking the statements out of context.

As proposed, she said, the transcript would invite speculation by the jury, who will not be allowed to know the results of the polygraph exam. Such tests are not legally admissible.

After reviewing the transcript, the judge agreed. He ruled the transcript inadmissible and criticized prosecutors for misinterpreting what he said was an “interactive interview” between the defendant and the questioner.

Dally cooperated with investigators, and “that is now being used against him,” Jones said. “I think that’s outrageous.”