Judge Curbs Prosecutors’ Case in Haun Penalty Phase

In a slap to their case, Superior Court Judge Frederick A. Jones told prosecutors Friday that they had reached beyond the “outer reaches” of allowable evidence in an attempt to win a death verdict against Diana Haun.

“I have not encountered a similar case coming within a light-year of what the prosecution would offer,” Jones said in making his ruling.

Prosecutors had asked to call nine witnesses to the stand when Haun’s penalty phase begins Monday, including medical experts and friends and relatives of slaying victim Sherri Dally.

But Jones decided only four witnesses would be allowed, and he severely restricted what they could tell the jury.

Jones decided the jury should not view 19 photographs or a 10-minute video showing happy scenes from Dally’s life, as prosecutors had requested. He also refused to let jurors read an essay the victim wrote in the fifth grade.

Testimony from two doctors about pain and suffering Dally may have endured moments before she was fatally stabbed would be speculative and beyond the type of evidence allowed at the penalty phase of a trial, Jones ruled.

And objections to evidence about Haun allegedly stalking her former boyfriend’s wife probably would be sustained, the judge said. Prosecutors had agreed before Friday to withdraw the proposed testimony.

“I don’t feel the state understands the proper focus that has been required by our law and high courts,” Jones said. “There are limits on emotional evidence and argument.”

Dally’s mother, Karlyne Guess, will be allowed to make statements about the loss of her daughter and the effect it has had on her family.

Debbie English and Hannah Murray, Dally’s best friend and niece, respectively, will be allowed to testify about the effect Dally’s death has had on her two sons, Max and Devon, as far as they have observed.

And the children’s psychotherapist, John Goulet, will be allowed to testify on how Dally’s slaying has affected the 7- and 9-year-old boys.

Deputy Dist. Atty. Lela Henke-Dobroth had argued that Dally’s friends and relatives should be allowed to testify about the mental pain, anguish and turmoil they suffered as a result of Dally’s slaying.

In court papers, the prosecutor said their testimony would also illustrate the victim’s personal characteristics “to remind the jury that the person whose life the defendant squelched was a unique human being.”

But defense attorneys argued in court that there is a limit to the so-called “victim-impact” testimony allowed in the penalty phase of a capital murder case, and the judge agreed.

The high courts have not defined the “outer reaches” of testimony allowed in a penalty proceeding, Jones said.

In the absence of such findings, a decision to allow the prosecution’s proposed case to go forward would undoubtedly be overturned by a reviewing court, the judge decided.

“I am certain what was offered by the people initially was so far beyond those outer reaches that it would be absolute reversible error,” Jones said.

Jones also refused to allow the jury to hear a letter Guess wrote expressing her grief and reaction to the news of her daughter’s slaying. The letter was addressed to Sherri Dally.

Deputy Public Defender Neil Quinn argued the document represents an inadmissible narrative peppered with inflammatory remarks, speculation and improper characterizations of the crime. Prosecutors said the letter reflects Guess’s true feelings.

Jones agreed with the defense but said he would allow the mother to read from a prepared statement as long as the content was toned down.

On Thursday, Jones made rulings on evidence proposed by the defense.

Testimony from Haun’s relatives--including her mother, younger sister and older brother--would be allowed. The family members are expected to tell the jury about Haun’s childhood and life experiences.

The family members will also testify about a devastating head injury Haun suffered when a basketball backboard fell on her when she was 15. She spent three days in a coma.

The jury will also see photographs of Haun taken two months after the accident.

Prosecutors had initially anticipated the penalty phase would last two weeks. But Jones said Friday afternoon that he expects the bulk of the proceedings to be completed by Wednesday.

Rebuttal evidence and closing arguments probably would begin Friday, which means the jury could be given the case for deliberations on Monday or Tuesday of the following week.

Prosecutors and defense attorneys are set to begin opening statements at 9 a.m. Monday. Prosecutors would not say who their first witness would be.